In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy (“BBE policy”) which did not permit the wearing of long sleeves by those employees working in general wards and the ICU ...
Mamo TCV Advocates will be at the Start Up Festival Malta organised by StartinMalta this week! The 2nd edition of the Start Up Festival will be taking place on the 13 & 14 October 2022 at Villa Bighi, Kalkara. Reach out to us to have a chat about our newly launched Start-Up Toolkit or get in touch with us on [email protected] to set up a meeting to discuss how we can help you navigate your legal & regulatory obligations ...
The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many business owners choosing to liquefy their assets and move on. At the same time, employers have had to cope with numerous challenges that have made the otherwise routine task of employee onboarding and I-9 preparation more difficult. Some employers (unlawfully) stopped preparing I-9s for new hires altogether ...
It’s hard to explain to someone who has never been accused of a crime that they cannot use their own money, and this situation could last for months. Nonetheless, an institution exerting this effect functions under Polish law and can impact both individuals and companies This institution is the freezing of accounts. In general it is used where there is a suspicion that funds in an account have a criminal origin or are related to an offence ...
On July 15, 2022, Justice François Lebel of the Court of Québec rendered a decision confirming that, in the case of the sale of immovable property, a clear and unambiguous exclusion clause, whereby the warranty is waived at the buyer?s risk, results in a break in the chain of title preventing the buyer from taking any legal action under such warranty against the seller and previous sellers ...
On 5 October 2022, the Russian Federal Tax Service published the draft Order “On the Approval of the List of States (Territories) That Automatically Exchange Financial Information” (the “Draft Order”). The existing list of countries and territories that exchange such information is to be extended to include Kazakhstan, Maldives and Oman ...
President Biden’s Executive Order on US data transfers came at the end of last week, signalling a “dramatic step” for EU-US data relations, with knock on consequences for the UK expected. The superlatives can’t get strong enough for US data lawyers commenting on its impact. The problem Under the EU and UK GDPR an international transfer requires “adequate safeguards” to be in place ...
The morning of February 24 began as an ordinary day for IP attorneys Julia Semeniy and Yuliya Prokhoda, with planned court hearings, client meetings and routine school runs in Ukraine. But when Russia began its onslaught on the country, in an act of internationally condemned aggression, their lives changed dramatically ...
The recent decision of an Inspector not to confirm a compulsory purchase order (CPO) sought by the London Borough of Barking and Dagenham is a key reminder of the need to fully justify the use of CPO powers and provide appropriate supporting evidence. The decision On 4 October 2022 an Inspector decided not to confirm a compulsory purchase order (CPO) sought by the London Borough of Barking and Dagenham (Borough) ...
According to a 2017 report, more than half of the companies that have Black owners are turned down for loans—a rate twice as high as white business owners.[1] Even when Black business owners get approved for bank loans, their rate of failure to receive full financing is the highest among all categories by more than 10% ...
With the end of the year just around the corner, it’s a good time to reassess plans and action-items. When reviewing your year-end estate planning or business transition concerns, there are several things to contemplate and review, such as year-end gift giving and tax considerations. Below is a list of items we’ve identified that you might want to consider as you plan for the end of the year and future transitions ...
On September 14, 2022, the Parliament approved the draft of the Act Amending the Thai Civil and Commercial Code (the “Amendment Act”) covering Title XXII on Partnerships and Limited Companies. Under this Amendment Act, a new M&A scheme and amended corporate governance requirements have been introduced for limited companies ...
On October 7, 2022 Federal laws No. 376-FZ and No. 379-FZ which provide supplementary guarantees for employees came into effect. Among other things, new grounds for termination of an employment contract have been introduced and opportunity and procedure for an employment contract suspension for the period of military service have been formalized ...
On 21 September 2022, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 247/22 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear (“GTF”), Travel Product and Bag Sectors (“Prakas 247”), to set a new minimum wage for 2023, which will be effective from 1 January 2023. Under Prakas 247, workers in the above sectors will be entitled to the following new minimum wage: for regular workers, USD 200 per month ...
In the course of regular updates on Russian counter-sanctions measures, we would like to provide you with summarized information on: new Official Clarifications published[1] by the Ministry of Finance on October 14, 2022; and new Presidential Decree No. 737 published on October 15, 2022. The above have hugely updated the current counter-sanction FDI regime in Russia, in particular, new transactions requiring counter-sanctions approval were added (e.g ...
What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract of employment come into force or does the old contract continue operating? Can an employer still terminate employment on the basis that the employee has reached (and passed) their retirement age? These questions have been the subject of much debate over the years ...
On 14 October 2022, the Minister of Finance, Enoch Godongwana, in terms of the Financial Intelligence Centre Act, 2001 (“FICA”) made amendments to the Money Laundering and Terrorist Financing Control Regulations, 2002, which will come into force on 14 November 2022. In terms of these amendments, the prescribed amount for reporting cash transactions under section 28 of FICA to the Financial Intelligence Centre has increased from ZAR24 999 to ZAR49 999.99 ...
The Governor’s office has announced that the COVID State of Emergency will end on February 28, 2023. Absent a change in the Governor's plans, at that point, COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361. Brown Act Teleconference Meetings The Brown Act allows an agency's governing board to use any type of teleconferencing in connection with any meeting ...
The Advocate General’s Opinion in Case C-449/21Towercast rendered on 13 October is interesting reading in particular in the context of «killer acquisitions». The dispute in the main proceedings before Cour d’appel de Paris concerns the question as to a supplementary or «gap-closing» application of Article 102 TFEU in relation to the national rules on merger control ...
In a recent Federal Court decision, Justice Fothergill dismissed AbbVie?s applications for judicial review of the following decisions of the Minister of Health (the ?Minister?): that JAMP was not a ?second person? for the purposes of s 5(1) of the PM(NOC) Regulations; and to issue NOCs to JAMP for its SIMLANDI Presentations. Background AbbVie's drug HUMIRA first received approval in Canada in 2004 as a 50 mg/mL concentration of adalimumab ...
Companies operating in Myanmar have been deeply affected by the present economic downturn due to several factors, ranging from pandemic to political. The economic downturn has led many companies in Myanmar to consider possible restructuring options. DFDL Myanmar has helped many companies navigate the economic downturn, whether through the M&A process, suspending/hibernating (including mothballing) operations or winding up as a last resort ...
The Philippine Department of Justice (“DOJ”) has issued an opinion to the effect that the exploration, development and utilization (“EDU”) of solar, wind, hydro and ocean or tidal energy sources is not subject to the forty percent (40%) foreign equity limitation under Article XII, Section 2 of the Philippine Constitution ...
Under the Renewable Energy Act (Republic Act No. 9513) (the “RE Act”), it is a policy of the state to increase the utilization of renewable energy (“RE”) by institutionalizing the development of national and local capabilities in the use of RE systems ...
Recently, President Biden announced an executive order to pardon all federal marijuana possession charges. The President also urged governors to do the same at the state level saying, “Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.” While President Biden’s pardons signal a step toward overhauling U.S ...
