If you produce content – for example, you write a blog, author articles, post tweets, create videos, write LinkedIn posts, etc. – you’ve probably heard or read at some point that it’s a good idea to connect with “influencers” in your industry to extend the reach of your content. “Influencers” are those who are perceived as leaders within your industry, and as such, have the power to affect what others are reading, watching, and talking about.
Monthly Archives: July 2016
An article published in the Ottawa Citizen “Chines School Challenges Ontario Move to Revoke Credit-Granting Authority” profiles the world Harris Rosen, Young Park and Alan Wolfish are doing on behalf of their client, a private school in Shanghai, who is fighting the Ontario government’s decision to terminate the academy’s ability to offer credits toward and Ontario Secondary School.
On 1 April 2016 the Conservative Government introduced a new minimum rate of pay that applies to all UK workers aged 25 and over. Called the National Living Wage (NLW), it requires that eligible employees are paid a minimum of £7.20 per hour. That is an increase of 50 pence per hour on the National Minimum Wage (NMW) of £6.70 that previously applied (and still applies to workers aged under 25), and so will result in increased employer costs of up to 7.5% for each eligible worker.
It is reported by the Department for Business, Innovation & Skills (BIS) that this represents the largest annual increase in the national minimum wage made by any G7 country since 2009, and that it will benefit more than 1 million UK workers. BIS also claims that those eligible for the new rate may see their pay increase by up to £900 each year.
A recent decision in the Technology and Construction Court (TCC) in the case of Stellite Construction Ltd v Vascroft Contractors Ltd emphasises the difficulties for a party in arguing that an adjudicator has materially breached the rules of natural justice. However it also reminds us that the adjudicator’s frame of reference for jurisdiction will be the dispute set out in the notice of adjudication and any defence to the claim – stepping outside that frame is likely to exceed jurisdiction to determine the dispute. The court will not enforce a decision of an adjudicator who has no jurisdiction to determine the dispute.
Section 111A of the Employment Rights Act 1996 was introduced in 2013 and gives protection to the confidentiality of certain pre-termination negotiations. The section allows for “any offer made or discussions held” with a view to negotiating agreed terms for termination of an employee’s employment will not be admissible as evidence in a subsequent ordinary claim of unfair dismissal.
The privilege provided by section 111A is therefore more limited than that provided by ‘without prejudice’ discussions, the scope of which is wider. Without prejudice discussions can be used to resolve a much wider range of employment claims, not just unfair dismissal.
ASEAN Economic Community News
The 13th Regional Comprehensive Economic Partnership (RCEP) Trade Negotiations Committee meeting took place earlier this month. The committee wants to finalize the RCEP agreement in 2016 and plans to present the draft agreement to the heads of the RCEP’s 16 member countries at the annual ASEAN summit in September. Issues that need to be finalized include the liberalization of trade in goods, services, and investment, intellectual property rights laws, rules of origin, customs procedures, trade facilitation, sanitary and phytosanitary standards, technical barriers, electronic commerce, finance, telecommunications, and economic cooperation.
It was a short week here, thanks to the 4th of July holiday in the States, and while I have some posts on tap for you over the next two weeks, I am also off on two weeks of vacation! So you will be missing the weekly roundup for those two weeks. Stay tuned for some Two for Tuesdays and Firm of the Month posts though, and I’ll see you upon my return!
Two recent (at time of writing) cases have provided a reminder of the importance of getting basic details correct in leases and formal notices relating to leases, and underlined the ongoing relevance of the House of Lords judgment Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd  AC 749.
Federal law dated 03.07.2016 No. 234-FZ ratified the Treaty between the Governments of the Russian Federation and the Hong Kong Special Administrative Region of the People’s Republic of China “On the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income” (hereinafter – the “Treaty”).
The Treaty is based on the OECD Model Convention on avoidance of double taxation with respect to taxes on income and capital. The Treaty is a tax agreement which distributes income taxation rights between the two jurisdictions and assists investors in better estimation of potential tax obligations arising when conducting business operations.