Whether an employee can make use of previously attained know-how, knowledge and skills in a new position is largely governed by the Trade Secrets Act, as well as the particular circumstances at hand and the employee's actions. In a recent case, the Labour Court departed from the principles set out in its earlier case law and implemented a new method for calculating damages in trade secret employment cases.
As part of the COVID-19 crisis package, the government has proposed to extend the schemes for sickness benefits, the jobseekers' work assessment allowance, unemployment benefits and employers' expenses relating to foreign nationals' entry quarantine and employees' quarantine hotel stays.
Introduction
Providing a performance bond in the form of a bank guarantee to secure the performance of work is not unusual in the construction industry. In the event that a contractor breaches its contractual obligations (eg, fails to complete its work by the completion date), the employer or developer is entitled to call on the bank guarantee. However, the contractor may bring an action in court against this call on the ground that such a demand is unconscionable. With the recent enforcement of the Temporary Measures for Reducing the Impact of Coronavirus Disease (COVID-19) Act 2020 (COVID-19 Act) – the application of which has been extended to 31 March 2021 – a question has arisen as to whether the COVID-19 Act provides a new ground for contractors to challenge calls on bank guarantees. While the high court s decision in
In a 9 September 2020 decision,(1) the first civil chamber of the Supreme Court held that under Article 16 of the Code of Civil Procedure, a judge cannot refuse to examine expert reports which disfavour a party that was not called on or represented during the expert proceedings.
Decisions
The Supreme Court overturned the Poitiers Court of Appeal s decision which had found the judicial expert s report in question to be unenforceable against a party on the grounds that the latter had neither been called on nor represented at the expert proceedings, insofar as it was brought before the court after the filing of the judicial expert s report.
A new Coastguard regulation has established the maximum speed between km 406 and km 435 of the Parana River. This regulation is the result of pressure from local dinghy sailors and yacht owners which have allegedly suffered damages while moored in this spot. The reported damages were allegedly caused by the waves that vessels produce when travelling at high speeds.