On 10 May 2013, the Court of Final Appeal handed down a ruling in Sit Wing Yi Sibly (acting for herself and on behalf of the other members of the family of Cheung Kai Wai, Randie, deceased) v. Breton Industrial Limited [2012] FACA 3 concerning the meaning of the expression “injury by accident” in s. 5(1) of the Employees’ Compensation Ordinance (ECO) (the Ordinance) and the effect of the presumption under s. 5(4)(a).
Section 5(1) […]
On August 26, 2013, in Carey v. NMC Global Corp., the New Jersey Appellate Division held that a release signed by an employee on his first day back from a two-month medical leave of absence created a jury question as to whether it was knowingly and voluntarily entered into. The case serves as a cautionary reminder to employers as to the need to use best practices in procuring a release from a terminated employee.
The Facts
In […]
Statements of employment particulars
A no-hire agreement can most likely not be characterised as a term of employment.Therefore, employers are generally not required to inform employees about such agreements by including them in the statements of employment particulars. This follows from a recent Supreme Court ruling.
Under the Danish Statement of Employment Particulars Act, employers must inform employees about “all material terms of employment”. In this case, the Danish Supreme Court indirectly considered the question of […]