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Case review 23/02/2021
A recent decision of the Full Federal Court is likely to significantly reduce the number of general protections dismissal applications progressing from the Fair Work Commission (FWC) to a federal court for hearing. The FWC will now decide whether there has been a dismissal, if that issue is in question, when the application is lodged with the FWC rather than leaving it to a federal court to decide. If the FWC decides that there has been no dismissal and declines to issue a certificate, the matter will end, saving employers and their insurers the costs of a federal court proceeding.
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
Kennedys continues to deepen its bench of offerings with the addition of partner Jared Greisman to its New York office. He joins from Goldberg Segalla, where he was a partner in the global insurance services team and chaired his first-party property practice.
Case review 19/02/2021
“New ways of working organised through digital platforms pose pressing questions about the employment status of the people who do the work involved”. So said the UK Supreme Court today in its judgment in the high-profile case of Uber BV v Aslam and others. The court dismissed Uber’s appeal and found that Uber drivers are ‘workers’ for UK employment rights purposes.
It will long be remembered that the big tech social media platforms “de-platformed” a President of the United States and denied Donald Trump his media connection of choice at a critical time.
A roundup of recent developments in the sustainability sphere, including modern methods of construction coverage issues tackled by the Spanish Courts, the impact of MMC on insurers, how to minimise the risks of retrofitting homes by 2050 in the race to zero and the impacts of the Supreme Court decision in permitting a third runway at Heathrow Airport.
Understandably there has been much focus of late on how Brexit impacts upon European and UK cross-border insolvencies going forward, some of which has been touched upon in our previous article. Here, we consider how insolvency officers in the USA can seek insolvency assistance in the UK and whether this may differ from the approach to be taken by insolvency office holders in Europe.
It is a scenario that arises every day – a subcontractor’s employee injures themselves on a job site and is out of work for an extended period of time. Under negligence principles, who had the duty to ensure employee safety and can thus be potentially liable for the employee’s injuries and damages, including perhaps decades of future lost earnings?
The fourth edition of our most popular guide for claims handlers has launched, helping empower insurers, third party administrators, corporates and their claims teams to become less reliant on their lawyers
‘Design life’ is commonly referred to in design and build contracts. However, ‘design life’ is not usually defined in the contract, nor is there a commonly accepted definition of the term. Employers want the contractor to guarantee that the building’s design enables the building to last for a specified period with minimal or no repairs.