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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Statutory Period of Notice for Service Contracts with Managing Directors: New Decision of the German Federal Labour Court of 11 June 2020

By Dr Angelika Baumhof and Cathrin Kirchbach, Jakoby Dr Baumhof

The Federal Labour Court (BAG) has ruled that in the absence of a contractual provision on the period of notice in service contracts with managing directors, the statutory provision of § 621 of the German Civil Code (BGB) applies. The decision is surprising, as the Federal Court of Justice (BGH) has so far assumed an analogous application of § 622 BGB (only applicable to employment contracts) in order to protect minor shareholding and third-party managing directors.

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Federally Regulated Employers Must Comply With New Workplace Harassment and Violence Prevention Laws

By Maria Tassou, Pallett Valo LLP

In order to protect workers in federally regulated workplaces, the federal government made changes to the Canada Labour Code regarding workplace harassment and violence prevention, which came into effect on 01 January 2021. The new Workplace Harassment and Violence Prevention Regulations (SOR/2020-130) (the Regulations) require federally regulated employers to implement certain policies and procedures to prevent and respond to occurrences of workplace violence and harassment.

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Newcastle upon Tyne, UK

Arbitration: Why a Governing Law Clause in a Commercial Contract Is Vital

By Nichola Evans and Melissa Munday, Ward Hadaway

A lacuna has arisen regarding reciprocity of judgments following the UK’s departure from the EU. Given that there is no impact arising from Brexit on English arbitral awards, with their recognition and enforcement independently secured by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention”), there may be greater focus on arbitration and an increase in dispute resolution clauses providing for arbitration in commercial contracts.

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Data, Data, Everywhere

By Christine Hasiotis, UnitedLex

Today's legal ecosystem has created a unique opportunity for law firms to partner with legal service and technology providers to collaborate on optimizing client experience, driving greater overall value for clients, increasing operating effciency, and reducing law firm working capital investment demands. UnitedLex offers a full suite of data management, legal services, and technology to support lawyers, accountants, experts, and consultants on litigation, investigations, and regulatory matters. We support you on matters that are too complex, bet the company matters when you need to scale or simply execute quickly.

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Long Covid

The Implications of “Long COVID” on the Workplace: A New Type of Disability?

By Liam A. Entwistle, Wright, Johnston & Mackenzie LLP

We are all coming to terms with the impact of the COVID-19 pandemic in relation to the economic impact on employers, the arrangement of their workplaces in the future, and whether the sudden imposition of remote working has changed the make-up of their workplaces for good. It also applies to those many thousands of people who were unfortunate enough to contract COVID-19.

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Toronto, Canada

Enforceability of Termination Clauses and the Latest Blow to Employers in Ontario, Canada

By Marty Rabinovitch, Devry Smith Frank LLP

Termination clauses are often relied upon by Canadian employers to define an employee’s entitlement to notice when their employment is terminated without cause (i.e., without a valid legal reason). These clauses are often drafted to limit an employee’s entitlement to their minimum statutory entitlements, which are significantly less than their common law entitlement. If the termination clause is unenforceable, then the common law will apply.

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social distancing

OSHA Releases Guidance on Returning to Work

By Kelly Holden, DBL Law

The Occupational Safety and Health Administration (OSHA) released a publication entitled “Guidance on Returning to Work” on 17 June 2020. The publication offers guidelines on flexible workplaces, remote work, hygiene, social distancing, and other measures addressed by individual states and the Centers for Disease Control (CDC).

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