United States: Employee Benefits Update – September 2013

PLAN ADMINISTRATORS MUST COMPLY WITH NEW SAME-SEX SPOUSE RULES EFFECTIVE SEPTEMBER 16, 2013
On June 26, 2013, the United States Supreme Court held that section 3 of the Defense of Marriage Act (DOMA) (the section defining marriage as between one man and one woman) is unconstitutional (see our discussion in the July Employee Benefits Update. On August 29, 2013, the Internal Revenue Service (IRS) issued Revenue Ruling 2013-17 (the Ruling) and Frequently Asked Questions (FAQs) explaining […]

By | September 23rd, 2013 ||

Canada: When Can A Poisoned Workplace Result In Constructive Dismissal?

A recent decision from the Ontario Court of Appeal clarified when a poisoned work environment will constitute constructive dismissal from employment. The employee in this case claimed that he had been subjected to “discriminatory treatment in the workplace based on racism”. The facts of the case are relatively complicated but the case provides an outline of the test for whether or not a workplace has been poisoned.

The facts, in a nutshell, are as follows:

The plaintiff-employee, Yohann […]

By | September 23rd, 2013 ||

Hong Kong: How Not To Arrive At The Decision To Dismiss An Employee

The case of Grant David Vincent Williams v. Jefferies Hong Kong Ltd illustrates how an employer can breach the implied duty of mutual trust and confidence that it owes to its employee in the way it treats that employee leading up to his summary dismissal. Although in Hong Kong an employee does not have the right to bring a claim for “unfair dismissal”, if the employer’s conduct towards the employee during employment leading up […]

By | September 20th, 2013 ||