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Given the many challenges in 2020 of managing a workplace in
the context of the COVID-19 pandemic, employers may not have been
able to focus on non-pandemic priorities. However, it is not too
late to tackle key, non-COVID, action items with some pro-active
planning in early 2021. These key items are set out below.
Employment Agreements - Update Termination Provisions
As discussed in this blog (see here and here), the Ontario courts released a series of
decisions in 2020 relating to contractual termination provisions.
These decisions took particular aim at the termination for cause
Since March 2020, the JobKeeper payment (
JobKeeper) has undergone multiple amendments to ensure that it not only continues to support employers and employees who remain adversely impacted by the COVID-19 pandemic but to keep the economy stimulated for the months and years to come. Now, in January 2021, JobKeeper moves to its second phase extension period which currently is proposed to end on 28 March 2021.
Turnover Eligibility for JobKeeper in the period from 4 January 2021 to 28 March 2021
To claim JobKeeper in this time period a business must, amongst other things, show that:
It meets the actual decline in turnover test – for a business whose aggregated turnover is $1 billion or less then it must show that its actual GST turnover in the December 2020 quarter declined by at least 30% relative to a comparable period (usually the December 2019 quarter); and
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Do employers have a general duty to act honestly and in good
faith when dealing with their employees?
Some years ago the Supreme Court of Canada in the case of Wallace v. United Grain Growers held that
employers have a duty to act honestly and in good faith when
terminating employees. But that case only applied to the
termination of an employment relationship, when an employee is most
vulnerable. Most of the caselaw since then has indicated that the
duty is restricted to the manner in which employers terminate
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UK workers who live in Germany or who wish to travel there on
business are subject to new rules since the Brexit transition
period ended on 31 December 2020.
1. GUIDANCE
1.1 Has any guidance been issued on how UK nationals can
obtain settled residence status and permission to work from 1
January 2021 and what proof of residence is needed for current
residents to maintain their status?
Yes.
Category 1: UK citizens resident in Germany prior to or on 31
December 2020
Subcategory a: Withdrawal Agreement applicable
Under the Withdrawal Agreement (WA) concluded between the UK and
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