In Hawkes v. Max Aicher (North America) Limited, the Ontario Divisional Court held that the calculation of an employer’s payroll for the purposes of determining its severance pay obligations under the Ontario Employment Standards Act, 2000 (ESA) must include its payroll outside of Ontario and Canada.
Background
The employee was employed by
The Pensions Regulator has had a busy lockdown. While some details of its new enforcement powers under the Pension Schemes Act 2021 remain to be finalised, the need to consider the implications of those changes when conducting a wide spectrum of corporate transactions is clear.
Merger and acquisition dealmakers, board members and others should be
Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the case law with regard to the drafting of these clauses. A large number of the exclusion clauses used in practice are now likely to be ineffective.
L’approche de la période estivale rime avec l’arrivée des vacances annuelles, mais aussi l’enchaînement de deux jours fériés en l’espace de 8 jours. La Fête nationale (le 24 juin – jour de la St-Jean Baptiste) et la Fête du Canada (le 1er juillet) tombent cette année toutes les deux un jeudi.
Afin de dissiper
New York State employers should be aware of a recent law aimed at protecting workers from COVID-19 and other airborne infectious diseases, the New York Health and Essential Rights Act (HERO Act), which imposes significant obligations on covered employers. Among other things, the HERO Act requires the New York State Department of Labor (NYSDOL) to
Paul Griffin, Amanda Sanders and Joanna MacKenzie consider how to handle disciplinary and dismissal matters, and the additional requirements that employers should consider in light of the COVID-19 pandemic and the future workplace.
This article was originally published in PLC Magazine
The PDF is available:
Joanna MacKenzie has written an article on hybrid working and issues that employers need to consider before implementing new ways of working.
This article was originally published in PLC Magazine
The PDF is available:
On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued a mandatory workplace safety rule requiring employers to take specified steps to protect workers from COVID-19. However, the rule applies only to health care settings. Referred to as an emergency temporary standard (ETS), the rule exempts fully vaccinated workers from masking, distancing, and
SafeWork NSW has approved Australia’s first Work Health and Safety (WHS) Code of Practice on managing psychosocial hazards at work (the Code). The Code took effect on 28 May 2021.
The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation under the WHS Act has been complied with. A Court may have regard to an approved code of practice as evidence of what is known about a hazard or risk, risk assessment or risk control, and rely on the code of practice in determining what is reasonably practicable in the circumstances. Therefore, compliance with the Code will be an essential part of organisations complying with their duties under the WHS Act in respect of psychosocial hazards and risks.
The Code offers practical guidance to persons conducting a business or undertaking (PCBU) and other duty holders under the Work Health and Safety Act 2011 (NSW) (WHS Act) on the process for identifying and managing psychosocial hazards and risks at work, to assist PCBUs and other duty holders in meeting their WHS responsibilities.
“Long Covid” (or “post-Covid-19 syndrome”) is a condition where people who have contracted Covid-19 continue to experience symptoms for weeks or even months after their initial infection. It affects individuals differently, and symptoms can range from fatigue, headaches, loss of taste or smell, lasting fever or anxiety, to respiratory difficulties, muscle weakness, blood clots and