At common law, an employer is responsible for his employee’s health and safety, as described under the following four headings, to provide: A competent staff of employees The employer must hire workers who have the requisite skills to perform their jobs or train them and discipline them, when necessary so that they do not harm …
Although working from home is not a new concept, the COVID-19 pandemic made it mandatory in circumstances where there were no plans were in place for it to be properly arranged. Employers who were left with the alternative of closing their offices or allowing employees to work remotely had no effective option but to institute …
Laws of Eve: Working from home and employer’s liability Read More »
Let us start with the accepted fact that there is no contract, whether employment, commercial, tenancy or otherwise, that could have properly anticipated the effects of the COVID-19 pandemic. If we take the example of a commercial lease, many of which are for fixed terms, and subject to being renewed, there is usually no …
In last week’s article when I compared lay-off to redundancy, I said that with lay-off, “No consultation required, although it is advisable to consult” and with redundancy, “Employer must consult with employees“. I maintain that view, even after re-reading the Court of Appeal case of Court of Appeal in the case of Branch Developments Limited …
One of the harsh realities of the COVID-19 pandemic is the inevitable effect it has on employment contracts. The fact is that businesses of all sizes and natures are enduring the adverse effects of the virus on productivity and income, with the consequence that serious cost-cutting measures may have to be explored. For most businesses, …
For many of us, the thought of exchanging messages to find supplies of alcohol, hand sanitisers, face masks and gloves had never entered our minds before March 2020. Worse still, the fact that we could have loved ones who are forced to die alone or that we would not be able to make plans to …
It goes without saying that a will is a very important document that should be carefully stored and that every effort should be made to prevent it from becoming wet, soiled, or torn. Most important, great care should be taken to ensure that the will can be easily located once a loved one passes away. …
The Property (Rights of Spouses) Act, (PROSA) has been in effect for more than 13 years, and it has taken that long to settle the important question as to whether one’s spouse can claim an interest in property for the first time after the death of a spouse. In the end, the answer might have …
Two unrelated issues triggered my thoughts about the topic of this week’s article. The first was American Rapper, T.I., declaring that he takes his daughter, who happens to be an 18-year-old model, to the gynaecologist annually for a virginity test. He wants official confirmation that her hymen is still intact. The second was a decision …
When we talk about ‘dead lef’ in Jamaica, we are usually discussing the assets left behind and how relatives wage wars over them. Of course, nobody is usually concerned about the unpaid debts that the deceased person may have accumulated and left behind although the truth that every lawyer is likely to share with you …
