In the latest article for our Tricky Issues series, we consider how employers should deal with personality clashes in the workplace, why they need to be dealt with quickly and the legal position when employers consider dismissal ...
On April 13, 2021, Law No. 21,314 was published in the Official Gazette, which, among other matters, set new transparency requirements and reinforce the responsibilities of market agents (the " Law "). Relevant modifications to the current pensions' regulation: Amendments to Decree No. 3,500 (“Pension Funds Act”) ...
As British Columbia battles the third wave of COVID-19, the government has introduced legislation[1] which, if passed, will provide employees with paid leave to get the COVID-19 vaccine. On April 1, 2021, the British Columbia government introduced an unpaid job-protected leave of absence for employees to get the COVID-19 vaccine, or to assist a dependent in getting vaccinated against COVID-19 ...
On the 23rd March 2021, the Court of Justice of the European Union (CJEU) rendered a Grand Chamber decision on a preliminary reference transmitted to it by a Swedish tribunal in a matter concerning air passenger rights (Airhelp Ltd v. Scandinavian Airline System SAS, c-28/20) ...
For most of the last decade, creative plaintiffs attorneys and their clients — states, municipalities and environmental groups — have pushed novel, untested tort theories designed to hold energy companies, and sometimes, those same state and municipal interests, liable for climate change. Plaintiffs have concentrated their efforts in West Coast forums. But New York and Baltimore saw some action too. Florida, by and large, has avoided the fray. No longer ...
As an employer, are you obliged to search personal devices, personal email accounts and/or personal social media accounts belonging to employees or others such as trustees or non-executive directors when responding to a data subject access request (DSAR)? Many employers will now be familiar with undertaking a ‘reasonable and proportionate’ search when responding to an employee’s DSAR under Article 15 of the UK GDPR ...
Last week the Supreme Court decided to dismiss the latest appeal in the Royal Mencap Society v Tomlinson-Blake case and confirmed that time spent sleeping on site during a sleep-in shift will not count towards a care worker’s National Minimum Wage (NMW) ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
Bullying in the workplace and allegations of bullying harassment at work have seldom been out of the headlines. Politicians such as ex-speaker John Bercow or Home Secretary Priti Patel have been accused of such behaviour ...
Dear valued clients, colleagues and friends, We are pleased to bring you the March 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. Real Estate PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee A case note by Alexis Yong Mey Ling … read more ...
Raytheon Techs. Corp. v. General Elec. Co., Appeal No. 2020-1755 (Fed. Cir. Apr. 16, 2021) In its only precedential patent decision this week, the Federal Circuit issued an important ruling about the issue of enablement as it applies to prior references used in an obviousness analysis. Raytheon owned a patent related to gas turbine engines ...
On 19 April 2021, the MLVT issued ‘Instruction 043 concerning the Payment of Wages for Early April (2021) and Additional Allowances for Employees in the Garment, Enterprise, Handicraft and Business sectors during the Phnom Penh and Takmao city lockdowns to prevent the spread of COVID-19’ (“Instruction”). The Instruction states that the temporary lockdown measures in Phnom Penh and Takmao City should be regarded as the de facto suspension of employment ...
The race to achieve net zero emissions has played a significant role in pushing forward the fight against climate change. Key stakeholders are becoming alive to the opportunity presented by a decarbonised economy and those who do not get on board now risk being left behind. What chrnet zero? Simply put, net zero is premised on attaining a balance between greenhouse gas emissions produced and the amount removed from the atmosphere ...
The American Rescue Plan Act (“ARPA”) became law in March of this year. One of the many relief provisions included in ARPA is a temporary subsidy of COBRA continuation premiums for certain individuals, summarized in our prior alert, found here ...
We would like to present our publication entitled "Venezuelan Legal Context: Oil, Gas and Mining". In it you will find 6 papers prepared by members of LEGA's Energy and Natural Resources practice area. With these papers we wish to contribute to the discussion of key aspects related to energy and natural resources issues in Venezuela ...
As we look forward to returning to our normal routines, after we have all had the opportunity to be vaccinated, many people are wondering what permanent workplace changes will remain in place or will be introduced for workers; as well as the pets they either acquired or became more attached to during quarantine. I am certain my dog thinks I decided to stay home with him all day because he is so wonderful (which he is) ...
What options does one have when they discover that a term in a previously executed contract or written instrument was worded poorly, or incorrectly drafted? Generally, parties in this scenario may seek the remedy of rectification, which gives a court the equitable jurisdiction to rectify or correct the document so that it accords with the parties’ true agreement ...
07.04.2021 – The Ministerial Order no. 214/22.02.2021 for approving the template documents provided by art. 53¹ para. (12) of the Labor Code was published within the Official Gazette no. 350 dated April 6th, 2021 ...
06.04.2021 – The Law no. 58/02.04.2021 for approving the GEO no. 211/2020 and amendment of GEO 132/2020 was published in the Official Gazette no. 345 dated April 5th, 2021 These new legal provisions introduce a series of amendments of articles wording, certain values/limits and conditions to be met regarding the possibility to temporarily reduce the working time in the current context and access the specific state support ...
The recent Court of First Instance decision in Li Yiqing v Lamtex Holdings Limited [2021] HKCFI 622 (11 March 2021) is a landmark decision in cross-border insolvency law in Hong Kong, in which the Court held that when it is considering the recognition of foreign insolvency proceedings, regard should not simply be had to the place of incorporation of the relevant company, but that in a departure from previous practice, the location of the company’s centre of main interest (COMI) is
In the recent case of AB V CD, HCCT 27/2020, 18 February 2021the Court granted the application of AB Engineering, to set aside a HKIAC arbitral award made against it in Hong Kong, finding that it was not a party to the relevant agreement containing the arbitration clause (Agreement) ...
Mask wearing indoors has become a ubiquitous part of the COVID-19 experience. The B.C. government mandated mask wearing in November of 2020 for most indoor public settings. Those orders are premised on face coverings helping to prevent, respond to or alleviate the spread of COVID‐19, when used with other protective measures. Some members of our society have physical, cognitive, or psychological disabilities that make mask wearing unduly difficult or unsafe ...
On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent behaviour are the main reasons for the dismissal of the class action. The Facts On February 22, 2013, an inspector working for IIROC forgot his laptop computer in a public place ...
