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ASAP
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February 26, 2021

Republic of Labour Law – Irish HR Updates in February

This week in the Republic of Labour Law, we focus on two key cases that have been making headlines.

Insight
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February 24, 2021

Ontario, Canada: Superior Court Considers Impact of COVID-19 on Employee’s Reasonable Notice Entitlement

In a recent decision of the Ontario Superior Court of Justice, the court considered factors unique to the COVID-19 pandemic in calculating the common law reasonable notice to which the employee was entitled.

ASAP
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February 9, 2021

Tax Court Reiterates the Proper Tax Treatment of “Physical Injuries” in Employment Cases

In Stassi v. Commissioner, the U.S. Tax Court found that a settlement was not excludable from income as a personal physical injury because the taxpayer failed to demonstrate that her shingles was caused by her employer’s workplace.

Insight
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February 8, 2021

Ontario, Canada: Court of Appeal Upholds $1.27 Million Damage Award for Constructive Dismissal

The Court of Appeal for Ontario has upheld a decision awarding an employee one of the highest damage awards ever granted in Canada for constructive dismissal ($1,270,000).

ASAP
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February 5, 2021

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are processed.

Insight
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February 4, 2021

Supreme Court of Canada Expands Duty of Honest Performance in Contract

The Supreme Court of Canada recently issued a decision expanding the duty of honest performance, which applies to parties to all contracts, by holding that they cannot knowingly deceive one another about matters directly linked to contract performance.

Insight
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February 1, 2021

Recall Rights and Retention Obligations: How Local Ordinances are Changing Workplace Regulation in the COVID-19 Era

A new spate of “right of recall” laws requires certain employers to rehire laid-off workers when their businesses resume or reopen and dictates the criteria used to recall those workers.

ASAP
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January 29, 2021

The Netherlands: Reassignment Obligation Does Not Require Job Creation

Generally, Dutch employers can terminate an employment contract only if they have reasonable grounds for doing so, and reassigning the employee within a reasonable timeframe is impossible or impractical. Does that include creating a new position?

ASAP
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January 26, 2021

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

On January 20, 2021, Mayor Jim Kenney signed three bills amending Philadelphia’s Fair Criminal Record Screening Standards (FCRSS) and credit ban ordinances.

Dear Littler
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January 19, 2021

Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?

We are planning a layoff that will involve many of our employees who are working remotely during the pandemic. How do we decide who works at a particular location for WARN counting purposes?

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