On 15 December 2016, the South African Constitutional Court handed down a landmark judgment in Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others, in which it held that arbitration awards issued in terms of the Labour Relations Act, 1995 (the “LRA”) do not prescribe ...
2017 looks set to bring about unprecedented change in South Africa when it comes to leave relating to the birth or adoption of a child. A fresh approach to maternity leave has already been sanctioned by the Labour Court, one that goes beyond the traditional notion that maternity leave should apply to biological mothers only. This groundbreaking development, which is already part of South African law, is discussed below ...
In this article, ENSafrica looks at a dramatic legislative shift which could soon see the following fundamental changes to South Africa’s employment law: · the effective recognition that fathers (or other parents, whether male or female, who may not otherwise be entitled to maternity leave) will be entitled to what is being referred to as “parental leave”; · the formal recognition of “adoption leave” by law; · the stat
Judgment of the Danish Supreme Court dated 19 January 2017 The case involved the issue of whether the Ministry of Employment had become liable in damages in regard to an employee in a company, due to the fact that the right to replacement holiday in the event of illness occurring during holiday had not been implemented in Danish law at the time at which the employee became ill during his holiday in the summer of 2010 ...
On January 20, 2017, in a case of first impression among the appellate courts, a panel of the Ninth Circuit concluded in Syed v. M-I, LLC (Case No. 14-17186) that an employer violates the Fair Credit Reporting Act (FCRA) when its background check disclosure/authorization document includes a sentence that releases the employer, the consumer reporting agency (the vendor), and their agents from liability for any violations of the FCRA ...
The Educational Childcare Regulation1 (the "Regulation") requires every permit holder to ensure that each member of its childcare staff holds a certificate not older than 3 years which must have been obtained through the successful completion of an early childhood first-aid course of a minimum of 8 hours. Following the amendment of the Regulation of April 1, 20162, an additional component concerning the management of severe allergic reactions was added to this training obligation: 20 ...
Under the Affordable Care Act (“ACA”), large employers (generally those with 50 or more full-time employees or full-time equivalents) must report annually to the IRS information about the health coverage offered to their full-time employees during the prior year. Employers also must provide copies of the reports to their full-time employees ...
Near the tail-end of 2016, the Serbian Competition Commission initiated an investigation for an alleged competition infringement that took place in June of the same year. The infringement involved a failure to notify a merger for mandatory clearance. The transaction in question concerned an unreported acquisition of sole control on the IT market ...
On December 22, 2016, in Augustus v. ABM Security Services, Inc., Case No. S224853, the California Supreme Court issued a split decision on rest periods. In a decision in which four justices concurred, and two concurred and dissented, in part, the Court held that employers “must relieve their employees of all duties and relinquish any control over how employees spend their break time ...
Dear colleagues, We would like to inform you that this January 1, 2017 changes in the civil legislation with regard to rules for revocation of a power of attorney will come into force. The changes provide that a power of attorney shall be revoked either in the form it was executed or in the notarized form ...
The Employment & Immigration Update Vol ...
Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims. This issue arose in the recent case of Clover SA (Pty) Ltd and Another v Sintwa, in which the High Court heard a damages claim arising from defamatory statements made by a witness while giving evidence before the CCMA ...
Can a construction contractor automatically terminate its employees’ contracts when skills are no longer required for a construction project? This question was at the centre of the Labour Court case of National Union of Mineworkers obo Milisa and Others v WBHO Construction (Pty) Ltd ...
The world stands at the threshold of a new age. Self-driving cars have hit the streets and created the knock-on collision of technology and the law. Autonomous transportation presents a network of complex problems that have to be addressed before we can safely strap ourselves into a vehicle without a driver. August 2016 saw the implementation of the world’s first self-driving taxis in Singapore ...
The Danish government has presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including e.g. proposals for amendments of the Danish Holiday Act, the Danish Childbirth Act and the Danish Public Servants Act ...
To the untrained eye, technology and the judiciary sector may seem rather far apart. IT is ever changing and dynamic, while courts are by design deliberate and slow. However, even the most resistant institutions are not immune to change; Serbian courts now appear to be further steps towards incorporating new technology for the ultimate goal of greater efficiency ...
SyCipLaw partner Russel L. Rodriguez contributed to the first Global Migration Section (GMS) Digest of the American Immigration Lawyers Association (AILA) year. The interview discussed the practice of immigration in the Philippines, the process of sending employees to the country, qualification of same sex spouses for dependent status, and a hot topic in Philippine immigration. Download a PDF copy of the digest. Mr. Rodriguez specializes in civil and commercial litigation ...
Yesterday Moscow court of appeal approved the decision of the court of the 1st instance referring to restricting access to LinkedIn website. The main reason for this decision was the fact that LinkedIn did not transfer the databases processing Russian nationals’ personal data in Russia. The Russian Localization Law which is in force as of September 1, 2015, requires that certain types of processing of Russian nationals personal data are performed in the databases located in Russia ...
Whether you are a garage tinkerer or an engineer at a technology company, you probably have considered obtaining a patent to protect one of your ideas or innovations. There is an allure to a government issued document declaring that you are the inventor of a patent that grants you exclusive right to your innovation. However, the next time that light bulb goes off above your head, here are five things you should consider before calling your patent lawyer. 1 ...
The United States Patent and Trademark Office has published its first major update to the rules for trademark trials and appeals in nearly a decade. The final changes to the Trademark Trial and Appeal Board (“TTAB”) Rules of Practice appear in the October 7, 2016 Federal Register (81 Fed. Reg. 69950) and are scheduled to go into effect on January 14, 2017 ...
Recent media reports have informed us that the European Commission has issued an official charge sheet accusing Google of an abuse of dominance concerning its Android mobile operating system and contracts with smartphone producers and telecom operators. The European Commission considers Google dominant in the markets for general internet search services, licensable smart mobile operating systems and app stores for the Android mobile operating system ...
The recent Supreme Court of Appeal (“SCA”) case of Transnet v Total is important not only for those in the petroleum industry, but also, more generally, when it comes to aspects of competition and discrimination, as well as the impact of changes in the law on existing contracts and vested rights ...
Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("Regulation") will replace Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). The Regulation will be enforced after 25 May 2018, thus, entities are required to prepare for compliance by then ...
Bayer AG, a German chemical company, and Monsanto Co., an American agrochemical corporation recently announced they have signed a definitive merger agreement under which Bayer plans to acquire Monsanto to create “a Global Leader in Agriculture ...
