Monthly Archives: June 2015

Tesco uus eduvalem!

UK suurim supermarketite kett Tesco on viimaste uudiste kohaselt suutnud oma müügikäivete kahanemist aeglustada (1,3% eelmine kvartal võrdluses eelmise aasta sama kvartaliga). Septembrist 2014 ametis olev CEO Dave Lewis on vähendanud kauba sortimenti keskendudes kiirema käibega kaubale. Lihtsamalt tunne oma keskmist klienti ja müü talle sobivat kaupa!

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Another Illinois Appellate Decision Applies Fifield, But A Dissent Suggests That The Issue Of What Constitutes Adequate Consideration For A Restrictive Covenant In Illinois Remains Open For Judicial Discussion

Readers of this blog know that long settled understandings regarding what constitutes adequate consideration for a restrictive covenant in Illinois were turned upside down when the First District Appellate Court in Illinois held in Fifield v. Premier Dealer Services, 2013 IL App. (1st) 120327  that, absent other consideration, two years of employment are required for a restrictive covenant to be supported by adequate consideration, regardless of whether the covenant was signed at the outset of employment or after, and regardless of whether the employee quit or was fired.

The Illinois Supreme Court declined to hear Fifield, and three federal judges in Illinois have declined to apply it.  However, the only other Illinois appellate court decision to address Fifield applied it without dissent.

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Ninth Circuit Addresses Whether California Employers Need to Reimburse Employees for Non-Slip Safety Shoes

On June 18, 2015, the Ninth Circuit issued an unpublished opinion in Lemus v. Denny’s, Inc. The opinion provides guidance to California employers that require their employees to wear non-slip shoes as a condition of employment.

California law generally requires that an employer must reimburse employees for “necessary expenditures.”  However, not all expenses are reimbursable.

In addressing Denny’s requirement that employees wear non-slip black shoes for which they are not reimbursed, the Court noted that, under California law, a “‘restaurant employer must only pay for its employees’ work clothing if the clothing is a ‘uniform’ or if the clothing qualifies as certain protective apparel regulated by CAL/OSHA or OSHA.’” The plaintiff who sued Denny’s did not argue that the non-slip black shoes were part of a “uniform,” nor did he argue that such shoes were not “generally usable in the [restaurant] occupation.” As such, the Court held that California law does not require Denny’s to reimburse the cost of its employees’ slip-resistant footwear. Notably, the Court did not address whether such shoes qualified as reimbursable protective apparel because the plaintiff conceded that issue.

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ILN Today Post

Court upholds FOS decision to exclude dispute from FOS and refer dispute back to Court

The recent Victorian Supreme Court decision of Goldie Marketing Pty Limited v. FOS and ANZ shows how the Finance Ombudsman Service process, combined with Court challenges by borrowers, can delay a lender from enforcing its rights for several years.

On 19 June, 2015, the Supreme Court of Victoria eventually upheld a FOS decision that a court, rather than FOS, was best placed to consider a dispute between a Melbourne toy maker and ANZ.

However, the FOS complaint by the borrower, and the challenging of the FOS decision through the courts, has effectively prevented ANZ from enforcing its rights since December 2013. More…

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Changes to the Live-in Caregiver Program

By Ron McKay

Effective as of April 1, 2010, regulatory and administrative changes were made to the Live-In Caregiver Program (“LCP”).

On December 12, 2009, Minister Kenney announced a combination of administrative and proposed regulatory changes to the LCP. These changes were designed to better protect the rights of live-in caregivers and to make it easier for them and their families to obtain permanent residence in Canada, while continuing to protect the health and safety of Canadians and maintaining the project objective to respond to labour market shortages.

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Temporary Foreign Worker Program – Minimum National Advertising Standards

By Ron McKay

As of January 1, 2009, “Minimum National Advertising Standards” were adopted by Human Resources and Skills Development Canada (“HRSDC”) and Service Canada (“SC”).

On May 2010, HRSDC and SC published a further notification indicating that all occupations based on the National Occupational Classification (“NOC”) system, skill levels 0, A, B, C and D, are subject to the Minimum National Advertising Standards. Failure to comply with the requirements will result in the application for a Labour Market Opinion being denied.

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Facilitated Processing for Information Technology Specialists Ends on September 30, 2010

By Ron McKay

On May 20, 2010, Human Resources and Skills Development Canada (“HRSDC”) and Service Canada (“SC”) issued a notice that the facilitated process for seven specified Information Technology Workers, which was initiated in May 1997, would end as of September 30, 2010.

On June 4, 2010, Citizenship and Immigration Canada (“CIC”) followed and issued Operational Bulletin 210 to also reiterate the plan to rescind the facilitated process for the seven specified job descriptions for Information Technology Workers.

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Expedited Labour Market Opinion Pilot Project Ended as of April 15, 2010

By Ron McKay

Effective as of April 15, 2010, the Expedited Labour Market Opinion (“E-LMO”) pilot project, that had been running in British Columbia and Alberta since 2007, came to an end.

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Refusal of Temporary Resident Visa – Applicant must be Provided an Explanation of the Elements that Weighed Against the Application Rather than a Litany of Factors

By Pratibha Sharma

On February 11, 2010, the Federal Court released its decision in Asong Alem v. Canada (Citizenship and Immigration), 2010 FC 148 (“Asong”). Madam Justice Tremblay-Lamer confirmed that visa officers must provide Temporary Resident Visa applicants with a sufficient explanation for refusing their application. Moreover, the explanation must include elements that weighed against the application; not merely a litany of factors.

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Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison

By Roy Nieuwenburg

Over the weekend, Roy Nieuwenburg’s article, “Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison”, was debuted at the USLAW Conference in San Antonio, Texas in the Spring/Summer edition of USLAW Magazine.

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