Sydney, Australia

Growing Issue of Wage Theft in Australia

By Nicola Martin and Kate Staude, McCabe Curwood

In Australia, there has been increased scrutiny by the Fair Work Ombudsman (FWO), the regulator, on employer underpayment of wages or “wage theft”, as it is commonly known. George Calombaris of MasterChef fame, Heston Blumenthal, Subway, and supermarket giant, Woolworths, are just a few big names which have been associated with significant and systemic underpayment of staff. The underpayments total at least AUD 500 million.

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 business building in Toronto, Ontario, Canada

Termination of Employment the Canadian Way

By Jeffrey Percival and Kate Bresner, Pallett Valo LLP

The US concept of “at-will employment”, which allows for termination of employment for any reason without notice (so long as it is not for an illegal purpose), does not exist in Canada. In Canada, reasonable notice of termination is an implied term in all employment agreements. In order to terminate an employment relationship without cause, an employer must provide appropriate notice or pay in lieu.

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Newark, USA

US National Labor Relations Board Continues to Reverse Course on Obama-Era Reforms: What’s Old is New Again

By James J. La Rocca and Joseph E. Santanasto, Gibbons P.C.

A hallmark of the National Labor Relations Board during the Presidency of Barack Obama was departing from well-established precedent to the benefit of labour unions. The Board under the current administration has not hesitated to revert back to those well-established positions that it historically maintained prior to the Obama administration.

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Tirana, Albania

Undertakings for Collective Investment: Albania Adapts Itself to European Standards

By Evis Jani, Gjika & Associates, Attorneys at Law

On 30 April 2020, the Albanian parliament approved Law 56/2020 “On the Undertakings for Collective Investment” (Law 56/2020) which entered into force on 20 June 2020. This legal change is being undertaken at a time when the market dynamics of investment funds have undergone major developments that do not meet the requirements of European markets.

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Boston, USA

GDPR: Questions to Ask About HR Data and Third-Party Employers

By Adrienne Drew, Globalization Partners

The European Union’s General Data Protection Regulation (EU) 2016/697 of 27 April 2016 (GDPR) is now two years old, and the European Union—and the entire world—has changed in innumerable ways. Following the two-year anniversary of GDPR implementation, companies doing business in the EU should evaluate whether all aspects of their data processing are in compliance. Remembering that the Directive applies to actors within the EU but also that GDPR has an extraterritorial scope, companies in the US and elsewhere who did not previously need to comply with the Directive should re-evaluate whether they now may have GDPR compliance obligations.

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Lawyers as Fiduciaries: When Things Go Wrong

By Krystyne Rusek, Pallett Valo LLP

When choosing an executor or estate trustee for your estate, a lawyer can be a good option. As regulated professionals, lawyers are scrutinised by the Law Society of Ontario to ensure they refrain from “professional misconduct or conduct unbecoming a licensee”1. This extends to non-legal activities, such as when a lawyer is an estate trustee. Because lawyers are held to such high standards, beneficiaries can usually have confidence that their lawyer-trustee will act in their best interests. But, as illustrated in the recent case of the Law Society of Ontario vs Comartin, occasionally, a lawyer may abuse the authority granted and act in a way to further his or her own interests to the detriment of the estate and beneficiaries.

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Timisoara, Romania

Will We See a Paradigm Shift After COVID-19?

By Ioana Hategan, Hategan Attorneys

Sooner or later, any contract negotiation fits the paradigm of the conflict of interests or the opposing interests. Any business lawyer is inevitably taking sides by protecting the interest of one party “at the expense” of the other. This is the way this profession works pro parte, therefore, it is divisive in most cases. You are someone’s lawyer, you defend someone’s interests, you represent a certain party. It is either you or the other party’s lawyer who is right. There is hardly a middle way. If one wins, the other one inevitably loses. For this reason, contracts also become more and more complex. From the very beginning, a simple fact is clear: the conflict of interest in unavoidable throughout the negotiation process and therefore the clauses in the contract need to prevent or avoid that situation.

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Airport Amsterdam, Netherlands

Posting of Workers to the Netherlands

By Paulien van der Grinten, TeekensKarstens advocaten notarissen

According to the Posted Workers in the European Union (Working Conditions) Act (“WagwEU”), as of 01 March 2020, a notification obligation will be applicable to workers posted to the Netherlands. This duty to notify applies to companies outside the Netherlands performing (new) services within the Netherlands using posted workers. Posted workers in this respect are employees who have been sent by their employers to carry out services in the Netherlands on a temporary basis, in the context of a contract of services, an intra-group posting, or a hiring out through a temporary agency.

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