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 ...
In 2014, China’s Premier Li Keqiang chose Africa as the destination for his very first foreign trip, marking a milestone in China-Africa cooperation. His travels commenced on 4 May and included countries such as Ethiopia, Nigeria, Angola, and Kenya. Premier Li’s visit undoubtedly reflects the emphasis China is placing on Africa ...
In a recent judgement delivered by the Commercial Division of the Supreme Court in Atelier Etude Limousin & Ors vs BPCE International Et Outre Mer & Anor 2014 SCJ 166 the court confirmed the prevailing practice that foreign companies could be granted fixed or floating charges by Mauritian entity as security for a financing ...
This year marks the 30th anniversary of the passage of the Hatch-Waxman Amendments to the Federal Food, Drug and Cosmetic Act (FD&C Act). Considered to be one of the most successful pieces of legislation ever enacted, the Hatch-Waxman Amendments created the modern generic drug industry, which is responsible for dramatically increasing the availabilty of low-cost generic drugs and saving the U.S. healthcare system billions of dollars ...
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 ...
In 2014, the Governor of Jakarta issued updates on the Jakarta Minimum Wage through the following regulations: Regulation No.54 of 2014 on the Minimum Sectoral Wage in the Province for 2014. Adjustments were made for the following industries under Regulation 54, namely Cosmetics, Automotive, Canned foods, Pharmaceuticals, Hospital Services, Radio and television, audio and visual recording devices; and Electronic household goods ...
On 26 March 2014, the Minister of Manpower and Transmigration (“Minister”) issued Circular Letter No. SE.3/MEN/III/2014 on The Implementation of Mandatory Manpower Reports by Companies (“Circular Letter”). The Circular Letter instructs all Governors and Regents/Mayors that all regional manpower offices within their jurisdiction, are to simplify the process of receiving and processing companies’ mandatory ‘manpower reports’ ...
Presidential Regulation No. 39 of 2014 on The List of Business Fields that are Closed or Conditionally Open for Investment (the Negative Investment List/daftar Negatif Investasi (DNI)/“Negative List”) was issued recently and became effective on 24 April 2014. This new negative investment list revises and replaces the 2010 regulation. The new Negative List revises the components of the 2010 list classified as: a) closed for investment; and b) conditionally open for investment ...
It was in contravention of the Danish Act on Prohibition against Discrimination in respect of Employment to advertise for "student assistants who would like to earn some money for a year or so before starting further education". This was established by the Danish Board of Equal Treatment by its decision of 13 December 2013. The case involved a company's advertisement in a local paper in which the accounting department was seeking student assistants ...
Copying confidential emails to a private email account was not unlawful use of trade secrets, but the termination of the consultancy agreement was justified. This was established by the judgment of the Danish Eastern High Court on 27 January 2014. The case dealt with a consultant who throughout a period of ten years had been employed by the employer. The consultant had terminated the employment relationship for expiry at the end of August 2008 ...
By judgment of 6 January 2014, the Danish Eastern High Court found that a sales consultant did not have status as a salaried employee. The case involved a woman who for a period of 2 months had acted as a sales consultant for a company. Thereafter, the company decided to end the cooperation. The sales consultant made a claim for salary, holiday allowance, mileage allowance and compensation for lack of employment contract ...
In recent years, Nicaragua has experienced sustained economic growth, as a result of a strict management of its fiscal, financial, monetary and exchange policies. Its business-related administrative procedures and laws have contributed to a strong inflow of direct foreign investment, so much that the country intends to exceed this year an amount of 1500 million in investments in sectors such as: power, manufacture, agriculture, tourism and others ...
1 - What employment issues must companies consider in deciding whether to switch to the BYOD model? If companies are considering switching to the BYOD model, it can be worth considering implementing a clear IT policy regulating which devices the employee is allowed to bring and how to use them with the company's IT system ...
The High Court recently issued 2 important judgments on the topic of bullying in the workplace. In the first case the plaintiff was successful and in the second case the plaintiff's claim failed. In the case of Una Ruffley v. the Board of Management of St. Anne's School (May 2014) a special needs assistant was awarded the sum of €255,276 in compensation and loss of earnings as a result of bullying which she suffered in the work place ...
The prolific growth in the use of social media has resulted in an increasing tension between employers and employees over social media account ownership. The crux of the issue is that employers are encouraging their employees to use social networking websites, whilst trying to claim that the contacts should remain confidential at the end of their employment ...
The European Commission published its proposal for a revised EU Pensions Directive on 27 March 2014. The revised Directive on the “activities and supervision of institutions for occupational retirement provision (recast)” (known as“IORP II”) hopes to make those institutions “better governed, more transparent and increasing their cross-border activity, thereby strengthening the internal market” ...
The Court of Appeal recently reviewed the scope of the duty of employees to mitigate their damages for lost salary pursuant to section 128(2) of the Act respecting labour standards (ARLS).1In this case, the Court of Appeal allowed in part the appeal of an employee following a decision of the Superior Court which had dismissed his motion for judicial review of two decisions of the Commission des relations du travail (CRT) ...
The Supreme Court of Canada has provided some important guidance regarding who qualifies as an “employee” under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP 014 SCC 39). Mr. McCormick was an equity partner at Fasken. The Fasken Partnership Agreement required Mr. McCormick to divest his ownership in the partnership and retire at the end of the year in which he turned 65. Mr ...
An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the employee receives the “accommodation,” but never recovers enough to resume performing the essential job functions ...
THE FACTS The complainant, a non-unionized employee, was hired by McGill University (hereinafter the “University”) in 1987 to be a member of the administrative staff. After working as an administrative assistant since 1994, she was dismissed by the University on June 30, 2009 for fraud. The University’s administrative staff is subject to a Dispute Resolution Policy (the “Policy”), which also covers their employment conditions ...
LabMD, Inc. renewed its argument that the FTC lacks authority to regulate the data security practices of HIPAA covered entities by appealing the dismissal of its case for lack of jurisdiction (see our coverage here) to the Eleventh Circuit. LabMD also filed an emergency motion seeking expedited briefing and requesting an order enjoining the administrative proceedings until the appellate court rules on the merits of its argument ...
