Asia: Employment and HR

Singapore's Employment Claims Tribunal has published its first twelve written decisions since 2019, establishing five fundamental principles that reshape employer obligations beyond mere contractual compliance.

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.

The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.

The Fair Work Commission is set to reconsider the Road Transport Contractual Chain Order, with hearings scheduled for September 2026 amid ongoing fuel cost pressures. Industry stakeholders are divided on whether the order should be re-enlivened or revoked, while principals and contractors are already receiving notices about potential fuel cost pass-throughs from downstream parties.

Businesses operating in India face significant legal, financial, and operational risks when they fail to comply with employment and labour laws. Understanding how non-compliance affects corporate governance, internal controls, and risk management is essential for protecting your organization from regulatory action, disputes, and reputational damage.

A creditor-supported restructuring of Believe Early Learning preserved regional childcare centres in Eaglehawk and Mooroopna, protecting jobs and delivering materially better outcomes than liquidation. The case demonstrates how voluntary administration can address the sector's simultaneous growth in demand and pressure on capacity, while navigating workforce constraints, regulatory obligations, and unsustainable financial structures.

A whistle-blower, whether an individual or a collective entity, is generally an insider who possesses first-hand knowledge of fraud, corruption, misconduct, malpractice, or other unlawful or unethical practices occurring within an organization.

Workplace investigations in Japan involve navigating complex legal frameworks around misconduct, whistleblowing and performance management. How should employers balance fact-finding with privacy protection, due process requirements and the risk of unfair dismissal claims when handling sensitive workplace complaints?

The NDIS Integrity and Safeguarding Act 2026 fundamentally transforms the regulatory landscape for disability service providers through dramatically increased civil penalties reaching up to $3.64 million per contravention, new criminal offences for unregistered providers, and expanded enforcement powers for the NDIS Quality and Safeguards Commission.

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.

Each episode arms human resources, industrial relations and legal professionals with the latest industrial relations thinking.

After a workplace injury, returning to work often requires suitable duties that accommodate your certified capacity and medical restrictions. Understanding your employer's obligations to provide modified work arrangements and your rights when suitable duties are refused is crucial for a successful return to work process.