The Apex Court, vide its order dated December 15, 2020, in
Steel Authority of India Limited vs. Raghbendra Singh &
Ors
1, propounded that there does not exist any
constraint regarding withholding an employee s gratuity against
the recovery of dues from such employee, including penal rent,
which in the instant case pertained to the overstay by the employee
in official company provided accommodation.
Gratuity is a lump sum amount payable by an employer to an
employee, as a sign of gratitude for the services rendered by the
latter during the course of his employment. The respondent, in the
present case (the employee), was initially appointed as a Work
Bottom Line
In a recent decision, the Court of Appeal for
Ontario upheld the lower court s decision awarding a former
employee over $1.274 million as a result of the employer
unilaterally imposing a number of changes to the terms of
employment. The employment relationship was governed by a 10-year
fixed term contract with no termination provision. This is one of
the highest damage awards ever issued in a Canadian wrongful
dismissal case. It serves as a stark reminder to employers that
using fixed-term contracts can be extremely costly if they are not
carefully and properly drafted.
Background
The respondent, Grant McGuinty, sold his family s funeral
To print this article, all you need is to be registered or login on Mondaq.com.
Guernsey is a leading jurisdiction for longevity swaps. Here,
Carey Olsen corporate partner Christopher Anderson explains how the
island has capitalised on its expertise in captive insurance to
provide a solution for pension funds exposed to longevity risk.
In the last five years, a number of well-known pension funds
have completed transactions worth in excess of £30 billion
through captive insurers based in Guernsey – as set
out below:
BT (2014) - Value of £16 billion
Merchant Navy Officers (2015) - Value of £1.5
billion
British Airways (2017) - Value of £1.6 billion
In
Christian Labour Association of Canada v. Caressant Care
Nursing & Retirement Homes (D. Randall), a union filed a
group grievance on behalf of a number of its members working at an
Ontario retirement home to challenge the reasonableness of a policy
imposing bi-weekly COVID testing on all staff. In a December 9,
2020 decision, the arbitrator dismissed the
grievance on the basis that the policy is reasonable when the
privacy intrusion is weighed against the objective of preventing
the spread of COVID in the retirement home.
Background
Residents of the retirement home live independently with minimal
to moderate support. There were no positive cases of COVID