The “Chiasson”(4) appeal is making headlines as it has the potential to force corporations to review and perhaps re-write their drug-testing policies and procedures.Chiasson dealt with pre-employment drug testing. The Complainant had applied for and was offered a job as a receiving inspector at an oil sands project in Fort McMurray, Alberta. The offer of employment was subject to the results of a pre-employment medical and drug screening test ...
Human Resources and Skills Development/Service Canada (“HRSDC”) recently implemented Regional Occupations Lists (the “Lists”). The Lists are meant to “assist employers who are experiencing difficulty filling job vacancies due to labour market shortages ...
Cory Grams died while at work at a Maple Leaf Metal Industries Ltd. (“Maple Leaf”) plant in Edmonton, Alberta. His parents, as beneficiaries and administrators of his estate, claimed damages against Maple Leaf for $92,000 for negligence in failing to provide insurance coverage under an employment contract. A claim against the insurer, Zurich, was settled prior to trial. Mr ...
As concerns the contents of the Act, we can say primarily that certain proven principle and institutes reappeared known from original Act No. 199/1994, Coll., on Public Procurement which Act No. 40/2004, Coll ...
The new LC is based on a different legal conception than the existing LC. Whereas the still valid LC is a mandatory legal regulation with no exceptions, the new code allows that the rights or obligations in labour-law relations are regulated differently than in the Labour Code, unless the code expressly prohibits or unless it results from the nature of the relevant provisions that it is impossible to deviate from such provisions ...
The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal RightOn December 7, 2006, the Supreme Court of Canada handed down its decision in the cases of Gray v. R and R. v. Sappier and Polchies ...
The right to privacy occupies a prominent place in Quebec law. Both the Charter of human rights and freedoms(1) and the Civil Code of Québec(2) recognize this right. Moreover, it is acknowledged that deliberate interception of a private communication may infringe this right. Does this mean that any form of electronic recording in a work environment is prohibited? Absolutely not ...
The new provisions pertaining to psychological harassment that were added to the Act respecting labour standards(1) (hereinafter referred to as the “ARLS”) on June 1, 2004, have given rise to many arbitration awards and interpretations over the last two years that have expounded on the concept of psychological harassment ...
In our Spring 2005 newsletter we reported on the Keays v. Honda Canada Inc.(1) decision in which the Ontario Superior Court of Justice awarded a dismissed employee $500,000 in punitive damages in addition to 24 months salary in lieu of notice (15 months’ reasonable notice plus nine months’ additional “Wallace” damages for “bad faith” dismissal) ...
The Jebel Ali Free Zone (the "Free Zone") has authorized for the first time the incorporation of a commercial entity in the Free Zone owned by multiple parties. Dubai Implementing Regulation No. 1/99 (the "Implementing Regulation"), permits the incorporation in the Free Zone of "free zone companies" (a "FZCO") to be regulated by a new FZCO Department, which will have the responsibility for the formation, registration and regulation of FZCOs ...
The Emirates’ first stock exchange, the Dubai Financial Market, has been trading since mid 2000. A stock exchange was subsequently established in Abu Dhabi. Although the two markets are not presently linked, they are both subject to regulation under the UAE Securities & Commodities Exchange Law (the “Law”), which is a Federal legislation ...
On 8 September 2006, the Competition Appeal Tribunal (‘the CAT’) gave judgment in favour of London Metal Exchange (‘LME’) to recover costs in respect of its appeal against an interim measures direction (‘IMD’) issued (and then withdrawn) by the Office of Fair Trading (‘the OFT’). The OFT’s first IMD(FN1) arose from a complaint against, inter alia, LME’s plan to extend its opening hours for its non-ferrous base metals trading platform, LME Select, to capture the Asian markets ...
The United Arab Emirates (UAE) is a federation of seven Emirates that was formed by Abu Dhabi, Ajman, Dubai, Fujairah, Sharjah and Umm Al Quwain following the end of the British protectorate over the ‘Trucial States’ in 1971. The Emirate of Ras Al Khaimah joined the federation the following year ...
The legal systems of the nations that comprise the Gulf Cooperation Council -- Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates -- have undergone dramatic, radical and progressive change and development in the past 25 years, which is continuing ...
An employment permit system has recently been implemented for Taiwan, Hong Kong and Macau personnel rendering services in Mainland China.The Administrative Regulations on the Employment of Taiwan, Hong Kong and Macau Residents in Mainland China (“Employment Regulations”) were issued by the PRC Ministry of Labour and Social Security on 14 June 2005 and took effect on 1 October 2005 ...
The European Regional Development Fund (“ERDF”) appears to be one of theappropriate means allowing Romania to reach, within the following years, the level of economicand social cohesion requested within the European Union (ERDF representing along with theEuropean Social Fund the new generation of Structural Funds)1 ...
On 4 December 2006 the Disability Equality Duty will come into force. It will join the broadly similar Race Equality Duty, which has existed under the race relations legislation since 2001. Meanwhile, an analogous Gender Equality Duty is due to come into force in April 2007.The intention behind the creation of these new duties is to ensure that bodies which exercise public functions “mainstream” equality issues when exercising those functions ...
On 8 September 2006, the Competition Appeal Tribunal (‘the CAT’) gave judgment in favour of London Metal Exchange (‘LME’) to recover costs in respect of its appeal against an interim measures direction (‘IMD’) issued (and then withdrawn) by the Office of Fair Trading (‘the OFT’). The OFT’s first IMD arose from a complaint against, inter alia, LME’s plan to extend its opening hours for its non-ferrous base metals trading platform, LME Select, to capture the Asian markets ...
In short, yes! The Companies Bill is due to come into force in 2007 and contains the most drastic changes that company law has seen in the last ten years. Once implemented it is intended to simplify and improve the existing regulations. The Bill is designed to try and reduce the regulatory burden on businesses and in particular small enterprises ...
After nearly eight years in the offing, the Companies Bill looks likely to become law in November of this year, although it is likely that most of its provisions will not take effect until autumn 2007.Despite being a massive piece of legislation, for the most parts its provisions have not been controversial and have generally been welcomed ...
The article was first published in Invest Romania, November 2006 issue.The Bill for amending Company Law no. 31/1990 as subsequently modified,supplemented and republished (the “Company Law Bill”) was approved by the Senate on 30August 2006 and is currently at the Chamber of Deputies commissions undergoing a fast-trackapproval process ...
Under the Companies Act a company is prohibited (subject to certain exceptions) from making loans to its directors. A recent case highlighted the dangers to a director who is aware that his company has made loans in breach of that prohibition. The case involved a father and son who were the directors of a company. Over time, the father had become less involved in the day-to-day management of the company in question ...
Bolivia has just culminated the step that will have the greatest impact in the process of creating a new constitution for Bolivia. On Sunday July 2, Bolivia elected the constituents to the assembly that will be in charge with providing structure and substance to the new constitutional norm ...
