Claims of bad faith present unique challenges for insurers (and their counsel) with respect to attorney-client privilege: if the insurer’s state of mind is at issue, is the legal advice on which the insurer relied also at issue, thereby waiving the privilege? And if so, under what circumstances? The following addresses this issue in the context of a common practice for insurance counsel—authoring denial letters—and two recent holdings that should serve as warnings in th
The story so far… Spring 2013 Redundancy consultation • In force from 6 April 2013 • Employees on fixed-term contracts "which have reached their agreed termination point" will be excluded from collective redundancy consultation obligations (where 20+ employees are to be dismissed from one establishment within a 90 day period) • Minimum consultation period has been reduced to 45 days from 90 days (where 100+ employees are affected by redundancy at one establishme
On June 7, 2007, the National Assembly passed Bill 10, which amends the National Holiday Act and the Act Respecting Hours and Days of Admission to Commercial Establishments.Under the amended provisions of the National Holiday Act, June 24, the day of the National Holiday, will henceforth always be a public holiday, even when it falls on a Sunday, as is the case this year ...
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A common question we receive from school systems relates to whether certain employees (both service personnel and professional personnel) recapture their seniority if there has been a break in their employment with the school system but they later return to employment. Often a break in employment is the result of a voluntary break or unfortunately a reduction in force ...
Employment Tribunals have a duty to make reasonable adjustments where a participant is disadvantaged, for example due to disability, to ensure fairness in proceedings. We share our recent experiences of how the Tribunals apply this duty in practice ...
On April 29, 2002, the United States Supreme Court decided that the Americans with Disabilities Act ("ADA") does not require non-union employers to make an exception to their seniority system as a reasonable accommodation for a disabled employee. US Airways, Inc. v. Barnett, No. 00-1250 (April 29, 2002). This is the latest in a series of Supreme Court decisions narrowing the reach of the ADA ...
Key Points: SF passed emergency ordinance requiring employers to provide workers with supplemental COVID-related paid leave. The ordinance applies to employers not covered by federal Families First Coronavirus Response Act. Employers are required now to post notice about this emergency leave, which is available from SF’s Office of Labor Standards Enforcement. Despite the discussions of reopening businesses, employees may not be returning to work anytime soon ...
Haynes and Boone, LLP Counsel Raquel Alvarenga talked with HR Magazine about continued COVID-19-related accommodations for vaccinated employees.Below is an excerpt:Many businesses have developed policies on providing reasonable accommodations to employees who refuse to get a COVID-19 vaccine for religious or disability-related reasons. Employers shouldn't forget that fully vaccinated workers may need accommodations, too.In recently updated guidance, the U.S ...
Key Points New tax reporting provisions on cryptocurrency, as well as criminal consequences for noncompliance, survived in the Infrastructure Investment and Jobs Act (H.R. 3684) signed into law. The legislation imposes potential felony charges for failures to report certain "receipt" of digital assets, as well as expands the definition of "broker" to target crypto exchanges. On November 5, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law ...
As part of Rail Safety Week 2023, Health and Safety specialist Hayley Saunders looks at personal liability and how employees across all levels of a business can make a difference by positive individual contribution to workplace culture. Below is a summary of key takeaways from the webinar. Responsibility for workplace safety rests with employers and employees alike ...
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‘Quiet quitting’ is a trend that has emerged in recent years where people stop going above and beyond in their daily work. They do not actually quit their job, but simply perform the bare minimum in favour of a better work-life balance. There are several reasons which might motivate an individual to start this process and experiencing menopausal symptoms is, understandably, fast becoming one of them ...
This is a brief summary of the most important issues employers should consider before deciding on the restart of the office work, taking the current pandemic into account. When deciding on getting back to office work, a gradual and proportionate approach is highly recommended, and employers should be prepared for a possible second wave of the pandemic as much as possible. Organization of work 1 ...
[!<CDATA[ Liability under the False Claims Act can result in potentially enormous payouts to individuals — and sometimes to companies — who alert the government to allegations of health care fraud. The payouts to the whistleblower or relator, which can be as much as 30% of the proceeds of the action or settlement, do not always attract those with valid claims ...
Dykema has launched a COVID-19 Resource Center to keep our clients up to date on the most recent legal, business and health guidance surrounding the novel coronavirus and how to navigate their businesses through uncertain times. Various firm practitioners are providing timely content that aims at providing guidance for employer’s current issues as well as those unforeseen items that have yet to arise ...
On December 4, 2013, Qubec Solidaire MNAs Amir Khadir and Franoise David tabled a bill (Bill 499) in the National Assembly which seeks to amend the provisions of the Act Respecting Labour Standards (ARLS) dealing with clauses which provide for differential treatment based solely on ones date of hire (commonly referred to as grandfather clauses) ...
In our January 2014 bulletin, we provided an overview of the Quebec government’s action plan aimed at [Translation] “correcting and restoring the situation of pension plans”. Also in that bulletin, we noted that in February 2014, the government was planning to introduce the first bill designed to set up the restructuring process for municipal pension plans. The government made good on its promise ...
In our third quarterly case law update for 2021, we look at some of the key cases published since April 2021 and consider the lessons we can learn from them. Health and Safety Related Dismissals Over the past six months, we have seen the emergence of a series of cases related to health and safety dismissals. Unsurprisingly, several of these relate to Covid-19 ...
In our second quarterly case law update for 2021, we take a look at some of the key cases published since the start of the year and consider the lessons we can learn from them. Disability discrimination In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled ...
In this article we highlight the most significant employment law cases since April 2023 and the lessons that employers should take from them. Pregnancy discrimination In dismissal situations, the motivation of the decision-maker to dismiss is key rather than the motivation of other employees who may be indirectly involved, as the case of Alcedo Orange Ltd v Ferridge-Gunn demonstrates ...
We highlight the most significant employment law cases since January 2023 and the lessons that employers should take from them. Without prejudice correspondence It is common for employers to use ‘without prejudice’ correspondence when negotiating with an employee on the termination of their employment ...
In our first quarterly case law update of the year, we take a look at some of the key cases published since October 2021 and consider the lessons that can be learned from them. Disability Discrimination We have seen over recent months an increased awareness and discussion around menopause, particularly regarding the impact that menopause can have in the workplace ...
This new Workplaces Manual covers all General Preventative Measures set for the by the following: Governmental Agreement 79-2020 Ministerial Agreement 146-2020 Presidential provisions in force Provisions of the Ministry of Public Health and Social Assistance Guide to the identification of occupational hazards by Covid-19 and preventive measures in the workplace - IGSS Regulation of Occupational Health and Safety The Manual covers the specifics of all factors involved in halting
Ahead of Shoosmiths’ ‘The anywhere office - friend or foe to flexible working?’ event on Wednesday 4 May, we speak with Rachel Maguire and Hannah Hall-Turner, The Job Share Pair, to examine the job share model and its potential benefits. Rachel and Hannah put forward the case for job sharing, while sharing their tips on how to make it a success, with guidance for businesses and employees considering it as an option ...
