To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee’s employment and pay them a sum of money. In the case of Balsdon v Valley Macadamias Group (Pty) Ltd, the Labour Court had to decide whether it could make a mutual separation agreement a court order in terms of the Labour Relations Act, 1995 (“LRA”) ...
Can an employer require its employees to speak a specific language or to be of a specific nationality as an inherent requirement of the job? Can an employee be dismissed for operational requirements if the employee is unable to speak that language or is not of a specific nationality? Would this be automatically unfair on the basis of unfair discrimination? This issue, along with several other claims, was what the Labour Appeal Court (“LAC”) had to decide in the matter of
A recent Constitutional Court judgment is an important reminder to employers that employees must be granted a fair opportunity to ventilate their case at a disciplinary hearing. Failure to do so could result in an award for compensation against the employer, even when the misconduct was of a very serious nature and the employer was justified in dismissing the employee ...
The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant ...
Smart buildings offer individuals, businesses and even cities better and more efficient ambient experiences. However, the connected technologies that make buildings “smart” tend to require processing massive amounts of data inputs, often including personal information ...
In our third Post Pandemic webinar, our panel discussed the topic of people in the context of Operational Resilience (OR). Shoosmiths’ Partner Sam Tyfield spoke to colleagues Yvonne Oakenfull (Learning & Development Manager), Kevin McCavish (Partner and Head of Shoosmiths’ London Employment team) and Karen Mortenson (Principal Associate in our London Employment team) ...
The recent Warren v DSG decision may significantly limit the recent wave of data breach litigation by claimant firms. The High Court summarily dismissed claims for breach of confidence, misuse of private information and negligence. Introduction Last week, the High Court handed down judgment in Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may significantly limit the recent wave of data breach litigation by claimant firms ...
With employers reopening fully and employees returning to the workplace from the pandemic, there has been a steady flow of challenges -- both legal filings and political and public opposition -- by individuals opposing mandatory requirements from employers and institutions to be vaccinated in order to return to work or school, subject to certain legal requirements under the ADA and valid religious objections ...
Not yet in the driver’s seat but hungry for change, millennials are lobbying to shape the way the companies are run. What do North Korea’s Supreme Leader Kim Jong-un, Finland’s Prime Minister Sanna Marin, United States Congresswoman Alexandria Ocasio-Cortez and Facebook co-founder Mark Zuckerberg have in common? They are all captains in their fields. And they are all millennials ...
We would like to introduce you to our new project, Podcast in English – “Be Aware and Share”! In this series of discussions, we explore the topical legal challenges faced by business and, together with experts, analyze significant cases and provide solutions. Click here to learn more. 6 episodes are available right now: Teleworking in Russia: digital turn in employment. Employment solutions for commercial secrecy. Internal investigations in Russia ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
The SRA recently published its Technology and Innovation in Legal Services report. One key feature was improving user trust in legal technology. It's much more important that you'd think. ‘Hello! And thank you for reading this far. Unfortunately, all of our authors are busy at the moment. Your custom is very important to us. Please wait as we transfer you to the next paragraph. Thank you. As clearly as possible, please tell us why you are reading this article. Sorry ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet. The impact of digital technology on the Nigerian copyright space cannot be over-emphasised ...
The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1] ...
Sharing of content through online platforms – considering digital piracy in Nigeria By Davidson Oturu, Frances Obiago and Oluwatobi Oluwasanya Introduction Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet ...
With the summer holidays upon us, what are the implications for employers managing holiday requests and the ever-changing guidance on foreign travel? We consider how to deal with employees who travel internationally and the current isolation rules ...
Solicitor Chiara Pieri tells Scottish Legal News about her career journey – from working as a paralegal to qualifying as a solicitor and becoming president of the Scottish Young Lawyers’ Association. In 2014 Chiara Pieri graduated from Glasgow University with an LLB with Italian – and plans to go globetrotting before embarking on her legal career ...
On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System ("EPCRS"). EPCRS is a program for correcting documentation and operational failures for retirement plans that are intended to be qualified plans under Sections 401(a) and 403(b) of the Internal Revenue Code ...
The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition ...
In January 2021, Ohio Governor Mike DeWine signed House Bill 263, better known as the Fresh Start Act (the Act), into law. The Act standardizes the professional licensure process in Ohio by removing vague disqualifiers such as “moral turpitude” and “lack of moral character.” Through its restorative justice approach, the Act offers professionals with records of certain prior offenses a path to licensure. Most of the Act’s provisions become effective on Oct ...
Employers often seek to rely on legitimate interests when processing employee personal data. But many do not realise that this should involve completion of a legitimate interests assessment. We consider what is involved in carrying out such assessments. What the law says The UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 regulate the way in which employers process personal data ...
The data protection landscape has seen significant change and more is expected. What does that mean for charities specifically? On our 8 July, 2021 webinar Shoosmiths’ Partner, Sarah Tedstone, identified areas with significant change already and where action will be needed in the next few weeks and months to stay compliant ...
