Tuesday, July 30, 2024

Copy-Paste Catastrophe: When Arbitrators Play Ctrl+C, Ctrl+V! 🖥️⚖️


Hold onto your wigs, legal eagles! 🦅👨‍⚖️ The Singapore International Commercial Court (SICC) just dropped a bombshell that's shaking up the arbitration world faster than you can say "objection overruled"! 💣💼




The Great Arbitration Photocopy Fiasco 📠🕵️‍♂️

Picture this: An ICC arbitration panel, led by a seasoned judge-turned-arbitrator, thought they could pull a fast one by ctrl+c, ctrl+v-ing large chunks of two previous domestic arbitration awards into their shiny new international decision. Spoiler alert: It didn't end well! 😬


Why It's a Big Deal 🚨

The SICC wasn't amused by this copy-paste caper. Judge Simon Thorley, probably while facepalming 🤦‍♂️, ruled that:

1. The arbitrators didn't approach the case with an open mind (more like an open Word document, amirite? 📄)

2. The parties were robbed of their right to a "fair" and "unbiased" decision (talk about a miscarriage of justice! 👶⚖️)

3. Arguments from lawyers in the domestic cases were attributed to lawyers in the ICC case (identity theft is not a joke, Jim! 🕵️‍♂️)


The Case in a Nutshell 🥜

  • Who: International consortium vs. Indian state-owned company
  • What: Dispute over a $17 million labor cost increase
  • When: ICC panel ruled in favor of the consortium in November 2023
  • Plot Twist: SICC said "Not so fast!" and tossed out the award faster than a hot potato

  • The Moral of the Story 📚

    Even if cases seem similar, arbitrators can't just copy-paste their way to justice. Each case deserves its own unique, hand-crafted decision – no shortcuts allowed! ✍️

    Remember, folks: In the world of arbitration, originality isn't just appreciated – it's required! So next time you're tempted to recycle that old award, think twice. Your ctrl+c might just lead to a ctrl+alt+delete of your entire decision! 💻🗑️

    Want the full scoop? Check out the complete PDF fileNgọc Prinny style:

    https://www.elitigation.sg/gdviewer/sicc/2024_SGHCI_24


    #ArbitrationEthics #LegalOriginalityMatters #SingaporeLegalScene

    #ArbitrationFail #CopyPasteJustice #SingaporeLaw


    To Keep or Not to Keep: The Employee Data Dilemma 🤔💼

     Hey there, data guardians and HR superheroes! 🦸‍♀️🦸‍♂️ Ready to navigate the murky waters of employee data retention? Buckle up, because we're about to dive into the deep end of the data pool! 🏊‍♂️📊




    The Legal Lowdown: A Game of Catch-22 📜

    Imagine this: You've just bid farewell to an employee, but their data is still hanging around like that last party guest who doesn't get the hint. What's a conscientious employer to do? 🤷‍♂️

    Here's the scoopNgọc Prinny style:

    • Labor Code 2019: Silent as a mime on data retention. 🤐
    • Decree 13/2023/ND-CP: "Keep data only as long as necessary." But what's "necessary"? That's the million-dong question! 💰

    The Data Retention Dance: Steps to Success 💃🕺

    1. Define Your Purpose 🎯
      • Why are you keeping that data? For taxes? Legal stuff? Your annual office trivia night?
      • Set clear goals, like you're planning a space mission! 🚀
    2. Time It Right
      • How long is "just right"? It's not Goldilocks' porridge, but close!
      • Think dispute resolution timelines, tax audits, or how long it takes for office gossip to die down.
    3. Get the Green Light 🚦
      • Tell your employees what you're up to. No sneaky business!
      • Get their thumbs up 👍 (in writing, pretty please!)

    Pro Tips for the Data-Savvy Employer 🧠💡

    • When hiring: Lay out your data plans like you're explaining a treasure map. X marks the spot where we store your info! 🗺️
    • Leaving employees: Don't let them ghost their data. Get that final consent! 👻✍️
    • Always be ready to explain your data choices. It's like prepping for a pop quiz, but with heftier consequences! 📝💼

    The "Oops, I Forgot" Scenario 😅

    If you've been a bit forgetful about getting consent:

    • Time for a data disclosure speed round! 🏃‍♂️💨
    • Grab that consent faster than free donuts disappear in the break room! 🍩

    The Price of Data Negligence 💸

    Fail to play by the rules? Be ready to cough up:

    • A cool 80-120 million VND (that's a lot of phở, folks! 🍜)
    • Plus, a public apology. Time to practice your "sorry" face! 😔

    Remember, in the world of employee data, you're not just an employer – you're a data custodian, a privacy champion, and sometimes, a mind reader (what does "appropriate time" even mean?! 🔮).

    Stay sharp, stay compliant, and may your data retention policies be ever in your favor! 🏆

    #HRTech #DataPrivacy #EmployeeRights #WorkplacePolicies #VietnamLaborLaw


    Monday, July 29, 2024

    CV Blunders: When Your Resume Becomes a 'Résumé-stake'! 📄🙈

    Hey there, job seekers and career climbers! 🚀 Buckle up for a tale that'll make you think twice about those 'little white lies' on your CV. It's time to get real about getting hiredNgọc Prinny style!


    The Legal Lowdown: No Fibbing Allowed! ⚖️




    #LaborLaw2019 #EmploymentRights

    The 2019 Labor Code in Vietnam isn't just another boring legal document – it's a game-changer! Article 36, paragraph 1, point g is where the drama unfolds. Employers can now show you the door if they catch you playing fast and loose with the truth on your application. We're talking about a plot twist that could turn your career story into a tragedy! 😱

    Here's the deal:

    • Providing false information about your qualifications? Big no-no!
    • Embellishing your work experience? That's a red flag!
    • Lying about your skills? You're skating on thin ice!

    A Cautionary Tale: The CV That Cried Wolf 🐺

    #TrueStory #WorkplaceWoes

    Picture this: A hotshot applicant for a CFO position decides to 'embellish' their CV. They add a year here, a fancy title there, and conveniently forget to mention a few short-term gigs. Poof! 🎩✨ They land the job. But hold your applause, folks...

    Our creative writer thought they were in the clear, living the high life in their corner office. Little did they know, their past was about to catch up with them faster than you can say "background check"!

    The Legal Eagle Strikes 🦅

    #LegalConsequences #EmploymentDispute

    Fast forward to January 19, 2024. The Bac Ninh People's Court drops the gavel, and it's not in our creative writer's favor. The employer's decision to give them the boot? Upheld faster than you can say "You're fired!" 🔥

    The court's verdict was clear: falsifying information on your CV that affects the hiring decision is grounds for termination. No golden parachute, no second chances – just a one-way ticket to Unemploymentville.

    Lessons for the LinkedIn Generation 📱💼

    #CVTips #JobHunting

    So, what can we learn from this cautionary tale? Here are some golden rules for the digital age job seeker:

    1. Keep it real, people! Your CV isn't a fiction bestseller. Stick to the facts, even if they're not as glamorous as you'd like.
    2. Don't round up your experience like it's a math problem. "Almost two years" doesn't equal two years. Precision matters!
    3. Those short gigs? They count too. Don't sweep them under the career rug. They might be the very experience that sets you apart!
    4. Pro tip: Add a note saying "More details available upon request." It's like a 'Get Out of Jail Free' card for your career! 🃏 This shows transparency and willingness to discuss your background in depth.
    5. When in doubt, leave it out – or better yet, ask a career counselor or legal advisor for guidance.

    The Plot Thickens: Legal Grey Areas 🌫️

    #LegalGap #EmploymentLaw

    Here's the kicker: The law's still a bit fuzzy on what exactly counts as "affecting the hiring decision." It's like trying to nail jelly to a wall – tricky business! 🍮

    • Does a small date discrepancy count?
    • What about omitting a job you held for just a month?
    • How much embellishment is too much?

    These are questions that lawmakers and courts are still grappling with. Until we get more clarity, it's best to err on the side of caution.

    Remember, job seekers: In the grand chess game of careers, honesty isn't just the best policy – it's your knight in shining armor! ♟️✨ It might not always get you the job, but it'll help you sleep at night and keep you out of legal hot water.

    So, before you hit 'send' on that spruced-up CV, ask yourself: "Is this résumé worth the risk?" Your future self (and your lawyer) will thank you! 🙏💼

    In the end, your true qualifications, skills, and experiences are your best selling points. Polish them, showcase them, but never fabricate them. Your authentic self is your most valuable asset in the job market!

    #JobSearch #CareerHacks #HonestyCounts #ResumeWriting #EmploymentTips

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