FEEDBACK ON CONSULTATION PAPER NO. 2 2012 – 1. Consultation on the introduction of a power for the Commission to impose civil penalties for serious, uncorrected or recurring breaches of the Codes of Practice. 2. The Commission received 27 responses to the Consultation Paper, both directly and via Jersey Finance. The Commission is grateful to respondents for […]

Mason   will join the Commission from the position of Head of Risk at the Central Bank of Ireland, where he has led the development and implementation of its PRISM supervisory methodology. Most recently he has been working with the European Central Bank helping it plan for the Eurozone’s proposed Banking Union. Before that Mason worked […]

STRIPPED OF EMPLOYMENT STATUS 11 Jan 2013 Many of you will have seen our Top Twenty Tweets of Twenty Twelve – a compilation of the 20 most topical employment law questions, answered using case study examples from the last year. The case of Stringfellow Restaurants Ltd v Quashie [2012] EWCA Civ 1735 was considered, addressing […]

Financial Centres Should Fight Back, Luxembourg Says 27 Dec 2012 Financial centres such as London, Singapore or Switzerland should hit back after being on the receiving end of attacks over client secrecy and their role in the 2008 global crisis, Luxembourg said this week – AFP reports. Luxembourg, which has come under pressure over its […]

THE CONTRACT OF EMPLOYMENT 11 Dec 2012 Contract of employment – temporary contracts – justification26 January 2012 European Court of Justice A series of 13 fixed-term contracts over 11 years, all to cover periods of temporary leave of others, did not require that fixed-term employee to be treated as permanent. Paragraph 5(1) of the Framework […]

Contract of employment – temporary contracts – justification – limit 11 Dec 2012 European Court of Justice 8 March 2012 Under UK law, a series of fixed-term contracts which overall lasts for more than 4 years is automatically treated as permanent unless a further fixed-term contract is justified on objective grounds. This decision of the […]

Discrimination – age – Council Directive 2000/78/EC – Swedish law – compulsory retirement 11 Dec 2012 European Court of Justice 5 July 2012 Compulsory retirement at the age of 67, which was permitted under Swedish law, did not amount to unlawful age discrimination under Council Directive 2000/78/EC because it was reasonably justified by legitimate aims […]

Hong Kong SFC disciplines and fines securities firm over handling of professional investors and documentation of advice 15 Nov 2012 The Hong Kong Securities and Futures Commission (SFC) has announced that it has reprimanded CIC Investor Services Limited (CIC) and fined it HK$4 million for failures to comply with regulatory requirements when treating clients as […]