Key Highlights of Company Law Committee Report – 2022
The Company Law Committee (‘CLC’) released its report on March 21, 2022 where the committee has recommended potential amendments to various provisions of the Companies Act, 2013 (‘Act’). The report of 2022 contemplates a significant overhaul of the Act by easing compliance burdens, recognizing / introducing various concepts (such as fractional shares, restricted stock units, …
Continue reading “Key Highlights of Company Law Committee Report – 2022”
Integrated Townships in Maharashtra
(A) INTRODUCTION The “Housing for All Mission 2022” is certainly a challenge, requiring assistance from all quarters and a holistic outlook and approach to address the complex issues prevalent within the real estate industry in India. One of the concepts which has emerged as a catalyst to achieve the objectives is the idea of “Integrated …
Important Lessons for Private Equity and Venture Capital Investors in India
Typically, private equity and venture capital investors seek various contractual rights to protect their investments and secure their returns. In relation to private investments in public enterprises or PIPE deals, it becomes important for minority shareholders (including financial investors) to understand their statutory rights as listed below and ascertain whether their rights are well and …
Continue reading “Important Lessons for Private Equity and Venture Capital Investors in India”
WRC Reiterates the Requirement for Redundancy to be Impersonal and the Importance of Following a Redundancy Consultation Process and Considering Alternatives
Facts: The Complainant, Gerard Buston, commenced employment with the Respondent, Duggan Systems Limited, as a factory operative on 30th May 2018 and subsequently worked as a line leader from 18th November 2019. In 2020 he was placed on temporary lay-off from 30th March to 10th April. Later that month an altercation took place between the Complainant and his manager. …
Work Life Balance and Miscellaneous Provisions Bill – General Scheme Gains Government Approval
The General Scheme of the Work Life Balance and Miscellaneous Provisions Bill 2022 (“the Bill”) that is due to be implemented later this year was approved by Cabinet on 21st April. The General Scheme contains proposed amendments to various pieces of legislation including the Parental Leave Act 1998, the Maternity Protection Act 1994, and the Adoptive …
WRC Dismisses Payment of Wages Claim – Contractual Term Allowed the Respondent to Deduct Costs Associated with Failure to Provide Notice
In Brigid Walsh v PV Generation Limited, the Complainant issued a complaint under the Payment of Wages Act, 1991 seeking reimbursement of outstanding salary that had been deferred due to the Covid-19 pandemic in circumstances where the Respondent had undertaken to reimburse any deferred salary. An express written term of the Complainant’s contract of employment permitted …
Labour Court Finds That Providing a Proper Translator at Appeal Stage Did Not Mend the Unfairness of Disciplinary Process Where He Was Summarily Dismissed
In Sylwester Michalski v Strandvous Limited the Respondent Company did not provide a translator to its Polish national employee with poor English, allow him access to all the witnesses and incorrectly determined his actions to constitute gross misconduct during the disciplinary process.
Statutory Redundancy Payment No Longer Taken into Account when Calculating Unfair Dismissal Award
In the recent decision of the WRC in the case of Kieran Murray v Sherry Garden Rooms Limited, ADJ-00028766, the Complainant took a claim for Unfair Dismissal against the Respondent. The Respondent argued that the Complainant had been made redundant. The Complainant was awarded €32,833.70. When calculating the Complainant’s financial loss, Adjudicator did take into account …
EU ARTIFICIAL INTELLIGENCE ACT- AN OVERVIEW
Artificial intelligence (AI) in pop culture have never actually been depicted in a trust-building environment, but have always been shown in the light of disruptions, if not catastrophes. In a recent survey, more than 72% of Americans expressed worry about a future in which machines perform many human jobs[1].
PROHIBITION OF DISCRIMINATION DURING RECRUITMENT PROCESS
Authors: Özlem Bulut Penezoğlu, Yağmur Namazcı Şener and Ayşe Burçak Çoğ, Penezoğlu Law Firm