Our Shoospeak HR podcast welcomes special guests Peter Morris (Partner in the Shoosmiths' family team) and Mahdiya Malik (HR and CSR Manager at Vaultex). Shoosmiths colleague Andy Graham chats to special guests Peter Morris (Partner in the Shoosmiths family team) and Mahdiya Malik (HR and CSR Manager at Vaultex) about Vaultex's recent introduction of a domestic violence policy ...
As we face a new period of lockdown, the memories of March come flooding back. However, it is useful to remember that, as a nation, we are better prepared this time, and our shared experiences of the last ten months will help to ensure we tackle the challenge ahead positively, constructively and from a more informed position than before ...
UK law firm Shoosmiths has been mobilising its legal advisors and support staff to keep its clients up-to-date on the many potential impacts of the coronavirus outbreak. Its free, online COVID-19 hub is already packed with a wealth of information on topics that might have both short and long-term effects on business ...
In the wake of COVID-19, cities, counties and states across the nation are issuing shelter-in-place and stay-at-home orders to curb nonessential movement of residents. States and local authorities are invoking powers to evacuate residents through statutes that have historically been used for natural disaster evacuations. While the ability to order and enforce such evacuations is not in dispute, the orders in this context raise many questions ...
On March 16, seven Bay Area counties issued "shelter-in-place" restrictions, which create compliance issues for cannabis operations licensed as dispensaries or as delivery services ...
On March 16, 2020, seven Bay Area counties, including San Francisco, Alameda, Contra Costa, San Mateo, Marin, Santa Clara, and Santa Cruz, issued nearly identical orders to Shelter-in-Place (the "Order"), to be effective as of 12:01 a.m. March 17, 2020. The issuance of the Order intended to ensure the maximum number of people self-isolate to slow the spread of COVID-19 ...
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 ...
Dear valued clients, colleagues and friends, We are pleased to bring you the March 2022 Issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you ...
Financial ServicesTransition from LIBORIn this article, Krystle Lui Shu Lin reports on the transition from LIBOR rates to risk-free rates ...
Employment Law An examination of the case ofTelekom Research andDevelopment Sdn Bhd v Ahmad Farid Bin Abdul Rahman by the Court of Appeal Introduction The Industrial Court had ruled that the company, Telekom Research and Development Sdn Bhd (“Telekom”), had proven the misconduct against a former employee, the claimant Ahmad Farid Bin Abdul Rahman (“Ahmad”), and that the dismissal was justified ...
Dispute ResolutionThreshold to Commence Winding Up Proceedings RaisedBy the Federal Government Gazette Notification No. 4159 dated 22 March 2021, the amount of indebtedness required to commence winding up proceedings under section 466(1)(a) has been fixed at RM50,000.00 with effect from 1 April 2021.This means that a creditor may only commence winding-up proceedings against a debtor company where the debtor company has failed to satisfy a debt owed to the creditor exceeding RM50,000 ...
FINANCIAL SERVICES BNM announces new funds for SMEs On 5 February 2021, Bank Negara Malaysia ("BNM") announced: an additional RM2 billion for the Targeted Relief and Recovery Facility (“TRRF”); the establishment of a RM200 million Disaster Relief Facility (“DRF”) 2021. TRRF The TRRF was a facility announced in the Budget 2021, established to assist eligible SMEs in the services sector ...
Contents Abstract What is an asset protection trust? Conflict of laws What is the objective of firewall legislation? What is the objective of fraudulent transfer legislation in a trust context? Jurisdiction Does comity continue to undermine firewalls? Simplification of structure of Bermuda's firewall legislation Extension of Bermuda's firewall When is a foreign order 'inconsistent' with the firewall legislation? Conclusion ABSTRACT View More
In a recent case the Employment Appeal Tribunal (EAT) upheld a 25% uplift to compensation for an employer’s failure to comply with the ACAS Code of Practice, following a discriminatory dismissal that was purportedly due to redundancy ...
The SGX has beefed up delisting rules, making it harder for controlling shareholders to privatise listed companies. Is this a victory for minority shareholders, or yet another restriction that will make us a less attractive listing venue? We all knew it was coming ...
South African law treats sexual harassment as a serious form of misconduct that infringes upon a person’s dignity and other fundamental rights. The seriousness with which it is viewed by the courts is illustrated by the Labour Appeal Court (“LAC”) decision in MEC for Education (North West Provincial Government) v Makubalo ...
The Sexism in the City inquiry was set up to establish what progress has been made in tackling sexism in the financial services sector. We discuss the findings and offer advice for those in the sector trying to navigate the current regulatory landscape. The financial services industry is crucial to the UK economy. It employs more than 2 ...
In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss what happened at work because they have no memory of it. While Severance’s technology is fictional, employers frequently seek a similar result when offering severance agreements to departing employees ...
Last year, California employers faced a swell of new city and county labor laws that increased employers’ local minimum wage obligations. Several of these local ordinances included incremental increases that went into effect over time, including many increases that are effective as of July 1, 2018. In addition to meeting the state’s minimum wage requirements ($10.50/hour for employers with 25 or fewer employees, and $11 ...
According to a recent Employment Appeal Tribunal decision, an employee cannot settle future statutory claims that have not arisen at the date of the settlement agreement. We review what this means in practice for parties entering into such agreements. In order for a settlement agreement to be valid, it must comply with the necessary statutory requirements ...
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 ...
According to the recent amendments of the Labour Law (“Official Gazette of RS” no. 75/2014) (the “Law”) payslips are now an enforceable document. The Law has authorised the relevant Minister to further prescribe content to be contained on a payslip, by adopting the Rulebook on Payslip content (“Official Gazette of RS” no. 90/2014) ...
The Parliament of the Republic of Serbia adopted Amendments to the Labour Law (the “Law”) on 18 July 2014. These amendments are long awaited and have been avidly discussed for some time due to divided public opinion. The Law will come into force 8 days after it is published in the “Official Gazette of the Republic of Serbia”. Main novelties introduced by the Law are: Definite term employment The maximum duration of definite term employment has been extended to 24 months ...
In light of the new EU data protection scheme, shaped by the GDPR, Serbia has enacted a new Data Protection Law earlier this year, with its' applicability postponed for 21 August 2019. The new law was long-awaited: it has been 10 years since the existing law was passed, which was even at that moment already outdated (e.g. it recognized only consent in the written form and almost completely restricted data transfers to non-European countries) ...
The Parliament of the Republic of Serbia adopted the Law on Conditions for Secondment of Employees Abroad and their Protection (the “Law”). The Law will be applicable two months following its coming into force, i.e. 13 January 2016. The Law regulates the secondment of employees abroad in a more modern manner compared to the currently applicable Law on Protection of Citizens of FR of Yugoslavia working abroad ...
