In case 161/2022/LM, delivered on 11th October 2023, the Court of Appeal upheld the decision of the Industrial Tribunal, which found justifiable reasons for dismissal. Following the Tribunal’s conclusion that the grounds for dismissal presented by the defendant company were justified, and consequently, the dismissal was fair, the former employee contested this decision in front of the Court of Appeal ...
For a long time, socialising at work was synonymous with drinking alcohol, but in recent times we have seen this trend start to shift. This is positive news for employers who risk social events centred around alcohol inadvertently isolating those to choose not to drink. With minimal alternatives available in the past, some employees have felt a certain pressure to drink at events to ‘keep up’ with colleagues ...
When the Occupational and Personal Pension Schemes (Conditions for Transfer) Regulations 2021 came into force on 30 November 2021 the government promised to review them 18 months later. That review shows there's more work to be done. Background Back in December 2021 we wrote about the new Occupational and Personal Pension Schemes (Conditions for Transfer) Regulations 2021 (Transfer Regulations), which had come into force on 30 November 2021 ...
The Workers (Predictable Terms and Conditions) Bill has received Royal Assent and will come into force, along with implementing regulations, in September 2024. This follows our previous article in which we considered the Bill and its wider implications. The Workers (Predictable Terms and Conditions) Act (the Act) aims to address “one-sided flexibility” between employers and workers who undertake atypical work ...
Last week was filled with noteworthy developments in the cryptocurrency industry, Rachel Wolcott of Thomson Reuters Regulatory Intelligence has spotlighted two important articles. The first article focuses on Binance's compliance with the UK Financial Conduct Authority's (FCA) new financial promotion rules, while the second delves into HTX (formerly known as Huobi) and its status on the Seychelles corporate register of crypto exchanges. Let's take a closer look at these significant events ...
After a public consultation process, on October 11, 2023, the Financial Market Commission ("FMC") issued the new General Rule No. 498 (“NCG 498”), that regulates the complementary activities that may be developed by bank or non-bank payment card operators ("Operators”) ...
On October 8, 2023, theScientific and Technological Ethics Review Regulation (Trial)("Scientific and Technological Ethics Regulation") was jointly published by the China's Ministry of Science and Technology ("MOST"), the Ministry of Education, the Ministry of Industry and Information Technology, and other seven (7) departments/institutions, which was followed by a press conference held next day by the MOST to respond to media inquiries ("Press Conference") ...
Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in sanctions, specifically, those sanctions being imposed against Russia ...
On the 1st of September 2023, Legal Notice 208 of 2023 was published in the Supplement to the Government Gazette by the title of the Financial Collateral Arrangements (Amendment) Regulations (hereinafter referred to as the “Amendment Regulations”) ...
Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico. A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten export-oriented manufacturing sectors. Nearshoring is the process by which a company relocates operations offshore, but close to the market where it intends to sell its products ...
The Drug Enforcement Administration (DEA) is once again extending telemedicine prescribing flexibilities for controlled substances. On October 6, 2023, the DEA jointly with the U.S. Department of Health and Human Services (HHS) announced a Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications (the “Second Extension”) ...
Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal information of millions of individuals. Blackbaud provides software solutions to nonprofit organizations, including charities, schools and healthcare agencies, to help them connect with donors and manage data about their constituencies ...
Over the course of a century of oil and gas development in the U.S., a robust body of law developed, covering virtually every aspect of E&P and interpreting every provision in oil and gas leases, joint operating agreements and innumerable industry contracts. But with the rise of the energy transition, a new set of rules are needed to deal with unprecedented policy, new technology and different priorities ...
The Finnish government proposes significant changes to transfer taxation. Transfer tax is levied on the acquisition of shares and other securities and real property. The proposed changes may have significant effects to the taxation of M&A and real estate transactions. Some of the proposed changes will decrease the tax burden while some will result in increased tax liability. The most significant changes include: The general rate for securities (1 ...
Introduction In 2023, where do we stand in terms of liability where smart products are concerned? The rules governing product liability set out in the Civil Code of Québec were introduced early in the 20th century in response to the industrial revolution and the growing number of workplace accidents attributable to tool failures ...
On June 22, 2023, the federal government significantly expanded the reporting requirements for certain so-called avoidance transactions, in particular with respect to termination agreements.1 The new rules will make it easier for the Canada Revenue Agency (CRA) to detect certain avoidance schemes, conduct tax audits and issue notices of assessment and penalties more quickly when warranted ...
In the case 44/2023/ISB delivered on 6th October 2023, the applicant, a majority shareholder in a company requested the Civil Court (Commercial Section) to fix a date for an extraordinary general meeting of the company under Art 132(1) of the Companies Act in an attempt to remove two directors from the Board of Directors without adequately proposing replacements ...
Executive summary The Board overturned the Court of Appeal's decision, holding that an aggrieved shareholder who has agreed to have disputes amongst the shareholders resolved by way of arbitration, must first have such disputes that fall within the ambit of the arbitration agreement determined accordingly before the threshold question of whether the company should be wound up on just and equitable grounds to obtain alternative relief may be addressed ...
