United States: Ding-Dong, Yard-Man Is Dead! Supreme Court Decision In Tackett A Huge Win For Employers In The Retiree Healthcare Arena

On Monday, a unanimous United States Supreme Court issued its decision in M & G Polymers USA, LLC v. Tackett, Supreme Court Case No. 13-101, vacating and remanding the Sixth Circuit’s holding that a group of retirees was entitled to lifetime healthcare benefits per the terms of various collective bargaining agreements.  In doing so, the Supreme Court rejected UAW v. Yard-Man Inc., 716 F.2d 1476 (6th Cir. 1983), and its progeny, and directed lower […]

By | February 5th, 2015 ||

UK: Bankruptcy: Court Protects Personal Pension Rights

The contentious issue of whether a bankrupt’s personal pension should be available to his creditors has given rise to a number of court decisions over the years. Many thought the issue had been put beyond doubt in 2000 when the Welfare Reform and Pensions Act removed most pensions from an individual’s estate on bankruptcy although it was generally accepted that it was still possible for a court to make an income payments order over […]

By | February 5th, 2015 ||

Canada: School Board Found Liable For Student’s Harassment Of A Teacher

In the recent case of Malko-Monterrosa v. Conseil Scolaire Centre-Nord1, the Alberta Human Rights Tribunal recently heard a complaint filed by Ms. Malko-Monterossa, a teacher who alleged that the Conseil Scolaire Centre-Nord discriminated against her on the grounds of race, colour, gender and ancestry when it failed to protect her from a prolonged campaign of harassment by a student of the school board.

Stating the test for workplace harassment as “unwelcome conduct related to prohibited […]

By | February 5th, 2015 ||