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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By Dr Angelika Baumhof and Cathrin Kirchbach, Jakoby Dr Baumhof
The Covid-19 pandemic has forced us to avoid personal contact for much of the past year and a half. In many companies, this was achieved in particular by working from home (known as “home office” in Germany). For this reason, a temporary legal regulation was enacted in Germany, according to which employers were obliged to offer or enable employees to work from home. This regulation ended on 30 June 2021.
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By Santiago Guzmán, FIDAG SARL
Since October 2020, there have been alternating periods of curfew and lockdown. During lockdown periods, home-based work has been the norm for all employees whose duties are compatible with working remotely, especially for employees who have a higher risk of a severe form of the disease, and/or live with a person susceptible to developing a severe form of the disease.
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By Jonathan Trafimow, Moritt Hock & Hamroff LLP
A federal judge ruled that Houston Methodist Hospital (the “hospital”) could lawfully implement a policy that all employees be vaccinated against Covid-19.
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By Daniel Waldman, Pallett Valo LLP
It goes without saying that Covid-19 has made life diffcult for commercial tenants. When we went into lockdown in 2020, businesses naturally ran into diffculty meeting all their obligations, including the payment of rent. As a result, tenants have often sought recourse from the courts and have consistently been told that they must honour their leases and can’t get out of paying rent. As a recent decision has demonstrated, this holds true even if landlords don’t pull their weight when it comes to keeping up with their obligations related to the pandemic.
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By Peter S. Selvin, Ervin Cohen & Jessup LLP
The concept of “presence” for jurisdictional purposes has evolved with the widespread use of websites, social media and other digital platforms. A company or individual may have no physical presence in a forum, but may nevertheless be subject to personal jurisdiction in that forum, as a consequence of their activities on these digital platforms.
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By Katie Tranter, DBL Law
On 09 September 2021, President Joe Biden announced new federal vaccine mandates that are expected to impact nearly 80 million Americans, representing two-thirds of the American workforce. The mandate is aimed at combating the ongoing Covid-19 pandemic. President Biden has directed the Department of Labor to issue a rule mandating that all businesses with 100 or more employees either require their employees to be fully vaccinated or require unvaccinated employees to receive mandatory weekly Covid-19 testing.
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By David Lang and Nga Dinh, Viettonkin Consulting
Vietnam has approved an amended Labour Code, which came into effect in January 2021. Most of the code remains the same; however, changes have been introduced in respect of hiring and firing employees. This is a big step towards aligning with international labour standards, as the government integrates into the larger global economy.
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By Jennifer Huelskamp, Freeborn & Peters LLP
In a recent federal case, Whole Foods employees alleged the grocer violated Title VII by discriminating against employees for wearing Black Lives Matter (BLM) masks. Plaintiffs alleged that disciplining employees for wearing BLM masks constituted unlawful racial discrimination and that discipline of employees for opposing the policy constituted unlawful retaliation.
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By Wolfgang Paul, nbs partners
On 25 June 2021, the German Bundestag adopted the Transparenzregister und Finanzinformationsgesetz (TraFinG, transparency register and financial information act). The Act represents the implementation of Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019.
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