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Newsletter April, 2024

Singapore: Decision on post-employment restraints

April, 2024
  • In the judgment of Shopee Singapore Pte Ltd v. Lim Teck Yong [2024] SGHC 29, the High Court of Singapore explored the balance between enforcing restrictive covenants in employment contracts and preserving an individual's right to work.
  • The judgment critically examines the enforceability of non-competition and non-solicitation clauses, underscoring the necessity for these covenants to protect legitimate business interests without overly restricting the employee's future employment opportunities.
Newsletter March, 2024

Canada: decision on poof of evidence in case of dismissal

March, 2024
  • On 23 January 2024, the Court of King's Bench of Manitoba decided on a wrongful dismissal case.
  • The decision is based on the employer's need for more rigorous proof of the facts underlying the dismissal. 
Newsletter February, 2024

Canada: New definition of employer under the Occupational Health and Safety Act

February, 2024
  • In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada stated that the City of Sudbury, which had contracted with a third-party constructor for a construction project, had duties as an "employer" to ensure worker health and safety in the workplace, by the Ontario Occupational Health and Safety Act (the "OHSA").

Chile: Karin law on sexual and labour harassment passed

February, 2024
  • On 5 January 2024, the Government enacted the so-called Karin Law (in honour of Karin Bolaños, a worker who tragically took her own life after falling victim to workplace harassment) against workplace harassment.
  • The law applies to all companies, regardless of size, and includes regulations relevant to the State Administration and its multiple agencies.
  • It aims to set a legal framework for a safe and healthy work environment, not only punishing workplace and sexual harassment but also preventing them with education and protocols.

USA: Final rule on Employee or Independent Contractor Classification

February, 2024
Newsletter January, 2024

USA: New requirements for non-disclosure and non-disparagement provisions in New York

January, 2024
  • On 17 November 2023, the New York Governor signed Bill S4516 into law.
  • It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
  • It applies to all agreements signed or entered into after 17 November 2023.

Business Europe’s Council of Presidents Declaration

January, 2024
  • On 24 November 2023, presidents and chief executives of the member federations of BusinessEurope met in Brussels to present their priorities for the next Belgian Presidency of the Council of the European Union.

USA: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

January, 2024
  • On 30 October 2023, President Biden issued an executive order on the safe, secure, and trustworthy development and deployment of artificial intelligence (AI), aiming to set out general standards governing the use and development of AI across industries.
  • It stresses the importance of using AI safely and responsibly and advancing a coordinated, Federal Government-wide approach.

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