The Supreme Court recently issued a decision concerning jobseekers' duty to provide information about previous employment relationships to potential new employers. The court highlighted a set of principled guidelines with regard to the content of the information to be provided and the extent of jobseekers' duty to provide such information. The key takeaway from the judgment is that it is primarily up to employers to clarify qualification requirements and skills that are of significant importance to the position.
This article – which is based on a recent study – provides insight into the legal provisions of M&A agreements across the European Union in 2020 and identifies key market trends. The study indicates a return to more 'buyer-friendly' positions on certain deal points, which may be a result of a more risk-averse environment prevailing due to the COVID-19 pandemic. For example, liability caps increased, limitation periods were longer and the application of de minimis and basket clauses flattened out.
The government's vaccination campaign is now progressing well. Employers are eager to have a large number of their workers vaccinated to be able to work in a safe and healthy environment and resume business as usual. However, can employers force their workers to get vaccinated? Can they ask their workers to submit a vaccination certificate? Must they grant their workers paid leave of absence to get vaccinated? This Q&A answers these and other questions.
The Employment Appeal Tribunal has ruled that, where a worker has taken a period of unpaid holiday, they will not be entitled to a backdated payment for it (or any earlier periods) if they do not submit a claim within a three-month limitation period after the claim has arisen. This case provides welcome clarity for employers, following the uncertainty created by a European Court of Justice ruling, on the holiday payments for which workers are entitled to claim.
The Migration Advisory Committee (MAC) is seeking stakeholders' views on the operation and effectiveness of the intra-company transfer immigration route, as well as a potential expansion of the immigration options for overseas businesses setting up a presence in the United Kingdom. The deadline for submitting responses to the MAC's call for evidence is 15 June 2021. The MAC is due to report back to the government in October 2021.
The changes to parent's and adoptive leave announced in the Budget 2021 recently entered into force. The Family Leave and Miscellaneous Provisions Act provides for an additional three weeks' paid parent's leave and benefit for each parent, to be taken in the first two years after the birth or adoptive placement of a child. Moreover, all adopting couples will be able to choose which parent takes adoption leave, including male same-sex couples who were previously unentitled.
Swiss law rules that the ultimate beneficial owners of a Swiss corporation must be disclosed to the company. However, in a typical private equity structure, the economic ownership rights on the one hand and the management and control rights over the portfolio companies on the other hand usually fall apart, making it difficult to identify one or more typical beneficial owners. To remedy practical deficiencies and provide for greater legal security, Parliament recently enacted a revision of the disclosure provisions.
The COVID-19 pandemic continues to impose many challenges on employers and employees, particularly working parents. Many schools and preschools remain closed for the time being. However, whether employers must continue to pay salaries to parents who cannot work since they must care for their children at home is debatable. Parliament recently approved an amendment to the Infection Protection Act, allowing parents to claim compensation if schools or preschools are closed to protect against infection.
A creditor recently obtained a Section 37 order on a provisional basis from the Maltese courts as security for a claim arising from a dispute under a charterparty. The purpose of the order was to prohibit the sale, transfer or deregistration of the vessel while the merits of the case were being determined. While the law allows owners to opt to deposit security, the legislature has catered for these instances to ensure that creditors' rights are not prejudiced.
The amendments to the Employment Equity Regulations which introduce pay transparency measures for federally regulated private sector employers with 100 or more employees recently entered into force. The regulations aim to further address the wage gap that affects women, indigenous peoples, persons with disabilities and members of visible minorities. Private sector employers which are covered by the Employment Equity Act are now subject to new requirements.
Many of the goods that arrive in stores or directly at people's homes every day have travelled a long way. The customer's wish for goods to be available as quickly as possible means that such goods are often transported across borders by air freight. National laws do not apply in such cases, at least not to a great extent. Instead, various air transport agreements establish comprehensive regulations of which parties must be aware.
The Federal Court of Appeal has dismissed Apotex's appeal of the Federal Court decision which held that the claims of Canadian Patent 2,527,646 were valid and prohibited the minister of health from issuing a notice of compliance to Apotex for its lisdexamfetamine product (Shire's VYVANSE) until the patent's expiry. The prohibition application was consolidated with Apotex's action seeking a declaration of invalidity and non-infringement.