In recent years, the Dominican Republic has enacted reforms affecting virtually every industry and every significant Dominican statute with one principal goal in mind: to enhance the rule of law for the benefit of Dominicans and investors - foreign and domestic alike ...
An employee or witness who is fearful of giving evidence as part of a disciplinary process can cause difficulties for an employer. We look at the issues you should consider when dealing with such an individual. Can anonymity be guaranteed? Where an employee is accused of misconduct, your first step will be to investigate the matter and gather accurate evidence as part of a fair disciplinary process ...
Bonnie Mayfield, Bloomfield Hills-based attorney and member in Dykema’s Litigation Practice, co-authored an article—“Tangible Results Speak Louder Than Well-Intentioned Inclusion Words,”—which appears in the August issue of DRI’s monthly publication, For The Defense. Thomas L. Sager, then Senior Vice President and General Counsel for DuPont Legal, was the other co-author ...
On 17 May 2011 the National Assembly adopted the Law on Notary Public (“the Law”), which came into effect on 1 September 2014. The new Law introduces the Notary Public into the Serbian legal system, which should help to relieve the judiciary, improve its efficiency, and improve legal security. A Notary Public is an independent and autonomous legal expert, who performs a service of public trust ...
Those who build wind turbines are obliged to compensate their neighbours for noise pollution, visual interference and other disadvantages of the turbines. The issue of compensation is usually settled before the wind turbines are erected, and the amount does not necessarily reflect the actual noise levels or indeed the reductions in property value that usually accompany the erection of the turbines ...
During the month of July of the current year, three relevant labor laws have been published in the Official Gazette: 1) Law No. 20,761 that extends the right of feeding children to working fathers and establishes new regulations regarding maternity.On July 22nd, 2014 the Law No. 20,761 was published in the Official Gazette ...
Five years after the enactment of Decree 330/2009 that regulated Law No 18.360 referred to the obligation of providing, on both public spaces and private spaces with influx of people, with Automatic External Defibrillators (AED), we remind you that the general obligation of instructing personnel about Basic Cardiac Resuscitation (BCR) technics is now effective ...
On December 12, 2013, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures1 (“Bill C-4”) received royal assent. Bill C-4, which consists of more than 300 pages, proposes a significant number of legal amendments, some of which relate to the Canada Labour Code2 (“CLC ”). On June 18, 2014, the amendments were set to take effect on October 31, 2014 ...
A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to understand risk before accepting it. THE FACTSBelow I relate the facts of the case in detail because they are key to understanding the conclusions to be drawn from what happened ...
This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of the Québec Act Respecting Occupational Health and Safety2 (the “Act”) is not applicable to businesses under federal jurisdiction ...
In Québec, the objective of the Act Respecting Occupational Health and Safety1 (the “Act”) is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. Recently, the Supreme Court of Canada rendered a decision in the Dionne v ...
On July 25, 2014, the Supreme Court of Canada rendered its decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination within a reasonable time period, as stipulated under article 2091 of the Civil Code of Québec3 (“C.C.Q ...
The National Labor Relations Board’s (“NLRB” or the “Board”) general counsel Richard Griffin announced July 29, 2014 that he had authorized complaints in 43 unfair labor practice cases alleging that franchisor McDonald’s, USA, LLC is a joint employer with its franchisees ...
THE FACTS Wal-Mart Canada Corporation (hereinafter “Wal-Mart”) opened its Jonquière establishment in 2001. After the United Food and Commercial Workers, local 503 (hereinafter the “Union”), was certified to represent the employees in 2004, negotiations were initiated in view of concluding a first collective agreement ...
The Parliament of the Republic of Serbia adopted Amendments to the Labour Law (the “Law”) on 18 July 2014. These amendments are long awaited and have been avidly discussed for some time due to divided public opinion. The Law will come into force 8 days after it is published in the “Official Gazette of the Republic of Serbia”. Main novelties introduced by the Law are: Definite term employment The maximum duration of definite term employment has been extended to 24 months ...
According to the Court of Justice of the European Union (CJEU), commission should be taken into account when calculating holiday pay (see Lock v British Gas). At the end of July, the Employment Appeal Tribunal will consider whether voluntary and/or regular overtime and emergency call-out payments, should also be taken into account when calculating holiday pay (see Neal v Freightliner) ...
The Commission des relations du travail, both in its initial decision and on review, dismissed the complaints challenging the dismissal of an employee despite the absence of prior disciplinary measures. The complainant, who was hired in April 2011, held a position as an administration technician for the Human Resources Department of a CHSLD. In 2004, the complainant sought a position as staff management officer ...
A parliamentary Act of 26 December 2013 fundamentally altered the Belgian rules for dismissals. It harmonised the dismissal rule for blue-collar and white-collar workers and obliged the employer to give a reason for the dismissal. Furthermore, it removed the insecurity felt by many employers when dismissing white-collar employees ...
A divided Supreme Court held that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act (CAA) when it required certain sources emitting greenhouse gases (GHG) to obtain permits under the Prevention of Significant Deterioration (PSD) and Title V Operating Permits (Title V) programs. The decision in Utility Air Regulatory Group v. EPA (No. 12-1146) on Monday, June 23, reversed the decision of the D.C. Circuit Court of Appeal that upheld EPA’s rules ...
On 26 March 2014, the Minister of Law and Human Rights (“Minister”) issued Regulation No. 5 of 2014 on Validation of Foundations (“Regulation”). Briefly, the Regulation redefines the procedures and requirements for securing approval for the name of a foundation and its validation by the Minister ...
The Supreme Court of the Republic of Indonesia has issued Circular Letter No.2 of 2014 regarding Case Settlement in the Court of First Instance and Appeals in 4 (four) Justice Fields. The Supreme Court considers that since an electronically based management case system now exists in the courts of first instance and high courts, cases should be examined and ruled on quickly ...
