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Linklaters Insights: UK - At a glance: governance and risk December 2019/January 2020
Insight 31 Jan 2020

This latest guide looks at developments at the end of last year and the beginning of 2020. It covers: Brexit and the transition, final-form recommendations for audit and auditor reform, new stewardship obligations for investors, tougher new anti-money laundering rules, FRC guidance for this year's annual reports and Section 172 statements, the extension of the FCA's Senior Manager regime, market abuse, ESG and climate, private equity reporting, transparency of ownership of UK real estate and late payment. ...

Controversial Religious Discrimination Bill back in the spotlight
Insight 17 Feb 2020

The Federal Government has released second exposure drafts of its proposed legislation on religious discrimination, as part of another round of public consultation. ...

No minimum period before casuals can expect 'regular and systematic' work
Insight 16 Feb 2020

The Federal Court has decided that, from the commencement of her employment, a casual employee was engaged on a 'regular and systematic' basis and had a reasonable expectation of continued employment. ...

How is Vietnam's labour law changing?
Insight 12 Feb 2020

Upcoming changes to Vietnam's labour law include such significant steps as more flexibility in the renewal and termination of labour contracts; and for the first time, the right of employees to establish and join independent labour unions. Although the Labour Code 2019 will not take effect until 1 January 2021, employers should start looking ahead and consider how the upcoming changes will impact their businesses and management of their workforce. ...

Amnesty for historical superannuation non-compliance
Insight 31 Mar 2020

The newly introduced superannuation guarantee (SG) amnesty scheme provides a one-off amnesty to encourage employers to self-correct historical SG non-compliance. This is done by allowing employers to claim tax deductions for contributions made during the amnesty period, as well as waiving certain penalties and fees that may otherwise apply in relation to historical SG non-compliance. ...

First prosecution for breach of new Heavy Vehicle National Law chain of responsibility duties
Insight 31 Mar 2020

The National Heavy Vehicle Regulator (NHVR) has commenced its first prosecution into duty holders under the new chain of responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL), which has been adopted in all states and territories (other than Western Australian and the Northern Territory). ...

FWC considers unfair dismissal procedural requirements
Insight 01 Apr 2020

The Full Bench of the Fair Work Commission (FWC) has ordered a case be reheard after it was found that adequate consideration was not given at first instance to whether a dismissed employee had been notified of, and given an opportunity to respond to, a valid reason for his dismissal. ...

Impact of COVID-19 on superannuation
Insight 25 Mar 2020

Like all industries, the superannuation industry is facing some immense challenges in light of the rapidly developing COVID-19 pandemic. This Insight considers some of the more topical issues the industry is facing ...

ASIC's new work schedule and priorities in light of the COVID-19 crisis
Insight 16 Apr 2020

On 14 April, ASIC published a media release detailing changes to its regulatory framework and priorities in light of COVID-19. This follows an earlier statement by ASIC, which indicated that it would temporarily change its regulatory work and priorities to allow it and regulated entities to focus on the impact of COVID-19. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

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