A last chance agreement is an arrangement entered into between an employer, an employee with serious and persistent behavioral problems and, where applicable, the union, that gives the employee a final chance. Such an agreement imposes strict conditions to be met by the employee in order to maintain the employment relationship and may even provide that a breach of its terms will result in dismissal ...
This article looks at how leaders can develop psychological safety within teams and how they can encourage individuals to speak up when they need help or when mistakes have been made. Failure, or the importance of creating psychological safety in the workplace? Nobody likes to fail. It’s not comfortable, it’s embarrassing, it induces anxiety, sleepless nights and all sorts of other tell-tale symptoms. Unfortunately for leaders, many of these symptoms remain hidden ...
One of the key sectors of the Oil & Gas industry is the extraction of oil, gas and gas condensate hereinafter to be referred as carbohydrates (“CH”). For businesses involved in CH extraction, the two key assets are the extraction licence and the oil or gas well (“CH Well”). This article throws light on light on the legal concept of a CH Well in Ukranian Law and its application to the ownership issue ...
To raise the Reynolds privilege established in the landmark English House of Lords decision in Reynolds v Times Newspaper Ltd[1] in a defamation claim, a defendant is required to establish that the matter was one of public interest and that the defendant practised “responsible journalism” in publishing the impugned words ...
In a recent decision, Jean C. Omegachem Inc.1. The Court of Appeal answered that question by ruling that an employee's refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of employment, is not a just and sufficient cause for dismissal ...
As of March 11, 2020, the date on which the World Health Organization (WHO) declared COVID-19 a pandemic, States have taken various measures such as social distancing, restriction of free movement, the closure of borders, among others, which have undoubtedly had a decisive impact on people in general, and especially on workers and employers ...
As we all know by now, the U.S. Capitol was stormed by a mob of President Trump’s supporters on Wednesday January 6, 2021. A great deal of the mob, as well as police officers who appeared to stand aside as rioters streamed inside, were captured on video and replayed repeatedly over the news. This includes two Canadian nurses who allegedly travelled to Washington D.C. to participate in an anti-lockdown event which preceded the Capitol Hill riot ...
Cyber frauds, in particular email scams, have become a common trend of crime in Hong Kong in recent years. Fraudsters use various means to deceive the victims into transferring money to unauthorised bank accounts. Upon discovery of the fraud and based on information obtained from the bank, the victim may apply for an injunction from the court to freeze the recipients’ bank accounts and if the victim is lucky enough, there will be some credit balance left to recover ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
The first anniversary of the entry into force of the new Canadian Patent Rules, which significantly changed certain practices surrounding the filing and prosecution of patent applications in Canada, is an opportunity to look back at the major changes that have had a significant impact on Canadian patent practice. Indeed, the past year has allowed us to observe the changes, which in certain aspects seem to be confusing for patent applicants, and to observe their effect in practical terms ...
There was a lot of hype earlier this year about the delisting of cannabis and hemp plants from the Narcotics Code in Thailand. However, there appears to be some confusion about cannabis use within the country and in particular, what is permitted and not permitted without a license. In order to prevent misuse and a society-wide problem, the Thai government has been elaborating on the permitted use and sale of cannabis in the last few months ...
The Court of Protection is a specialist Court, focussing solely on supporting vulnerable individuals. This past year has acutely highlighted the needs of those most vulnerable in our society and their dependency on others to help manage their affairs. The Court has had to adjust its practices in order to ensure that help and solutions are found for those lacking capacity with minimal delay ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision. Mr Justice Mostyn, sitting in the Family Court, has recently provided further guidance about determining whether a party to litigation has mental capacity to litigate ...
The national minimum wage is the prescribed minimum hourly rate of pay that employers are required to pay to most workers. Ensuring the minimum wage is paid correctly can be tricky and errors can lead to damaging and costly consequences for employers. Calculating the correct minimum wage is not just about adding up the pennies ...
On March 23, 2017, the California Air Resources Board (CARB) approved new regulations on greenhouse gas emissions from oil and natural gas production and storage facilities. The regulations, which focus on methane emissions, represent the most aggressive effort by any U.S. jurisdiction to regulate greenhouse gas emissions from oil and natural gas production ...
The EU Emissions Trading Scheme (EU ETS) is one of a number of policies introduced across the European Union to help it meet its greenhouse gas emissions reduction target under the Kyoto Protocol. The EU ETS is viewed by many as one of the ways that private sector investment in CCS (Carbon Capture and Storage) can be incentivised ...
Cabinet Office has developed and published a standard Carbon Reduction Contract Schedule which provides standard terms and conditions to support contract-specific decarbonisation objectives to be set and delivered and provides a framework to monitor and assess the Suppliers’ decarbonisation performance ...
The U.S. Equal Employment Opportunity Commission (EEOC) has long contended that when employers use criminal histories to make employment decisions, they run the risk of violating Title VII of the Civil Rights Act by basing their decision on information that has an unfair impact on minorities. The EEOC recently stepped up its enforcement efforts and publicly settled with Pepsi for $3.13 million over the beverage company’s use of a blanket exclusion policy of people with criminal records ...
As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are raising several benefit related questions, particularly with respect to financial assistance available to employees. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
On Friday, March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, ( CARES Act or Act), a $2 trillion stimulus bill the House passed by voice vote earlier the same day and the Senate passed on Wednesday, March 25, by a vote of 96-0. The CARES Act is the largest economic relief package in the history of the United States ...
An update to this article is available ? The Trump Administration and representatives of Congress reached an agreement on a proposed COVID-19 economic stimulus bill, the Coronavirus Aid, Relief, and Economic Security Act, or the CARES ACT (the “Act”). The Senate passed the Act late Wednesday, and the House of Representatives will vote on Friday. It is expected to be approved then signed into law on Friday, March 27, 2020 ...
Introduction Carey Olsen Starting Point Guides are intended as a general introduction and guide to different aspects of Jersey employment law. They are a summary of the most important issues that we come across. They are very much edited highlights of those issues. If you would like legal advice in relation to any specific circumstances, please do give us a call. Jersey - not just cows Jersey is the largest of the Channel Islands and is a British Crown dependency ...
