Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These…
Abstract
Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.
PAUL S.H. POH and R. MALCOLM W. HORNER
A rich variety of cost models is used in the world's construction industries. In countries exposed to British practice, the use of traditional bills of quantities is common…
Abstract
A rich variety of cost models is used in the world's construction industries. In countries exposed to British practice, the use of traditional bills of quantities is common. Elsewhere, bills of quantities may not be used at all. This paper briefly reviews the nature and purpose of cost models both in the UK and in south‐east Asia. It explains how the principle of cost‐significance can lead to a simplified method of measurement which is both well‐structured and sufficiently accurate ‐ a half‐way house between traditional bills and a single lump sum. By way of example, the derivation of a cost‐significant model for student hostels in Singapore is presented. Representing no more than a first step, the problems still to be resolved are outlined. Nevertheless, the techniques seem to hold much promise for the future, and others are encouraged to explore where they might most effectively be applied.
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Biennial budgeting and appropriations cycles have been a popular idea among many members of Congress for the past twenty years. Despite widespread bipartisan support for biennial…
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Biennial budgeting and appropriations cycles have been a popular idea among many members of Congress for the past twenty years. Despite widespread bipartisan support for biennial budgeting in the 1980s, the first House vote on the subject, in 2000, resulted in a narrow defeat for biennial budgeting. This article analyzes the merits of biennial budgeting and the reasons for its defeat, arguing that during the 1990s biennial budgeting lost its sense of urgency because of the erasure of the federal deficit and became a more partisan issue than it previously had been.
Although workers' organisations operated in the early nineteenth century and “…. workers in every trade were becoming very much alive to the necessity for defending their…
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Although workers' organisations operated in the early nineteenth century and “…. workers in every trade were becoming very much alive to the necessity for defending their standards”, nevertheless “The first twenty years of the nineteenth century, witnessed a legal persecution of trade unionists as rebels and revolutionists”. The beginnings of modern trade unionism may be traced to about 1850 where a number of craft unions, as for example, miners' and engineering unions, were successful in establishing themselves, and slowly building up their financial resources and thus acquiring sufficient strength to enable them to bargain on almost equal terms with the employer.
In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show…
Abstract
In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.
This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related…
Abstract
This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related Equal Pay Act 1970) and racial discrimination under the Race Relations Act 1976. Discussion is confined to the right not to be discriminated against and covers the detailed provisions of these acts in this respect, judicial precedents and important cases heard not only in the British courts but in the European Court of Justice. The third section of the article is about discrimination in connection with trade union membership and activities governed by the Employment Protection (Consolidation) Act 1978.
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The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation) Act…
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The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation) Act 1978. Each of the Acts treats sex and race discrimination in a general and broad sense. Both make similar provisions in connection with various aspects of discrimination in employment. Since one act is inspired by the other, the judicial precedent in sex discrimination cases will normally be followed in racial discrimination cases and vice versa. Both Acts are outlined and the grounds that constitute discrimination discussed as well as permissible discrimination. Enforcement of the Acts and liability is detailed. Discrimination in connection with trade union membership and activities is also examined. The right not to have action short of dismissal taken against the employee and remedies for action short of dismissal are discussed.
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Discusses the Bill of Lading and its differences under UK, US and Greek law. Bases the paper on the fact that, under UK and US law, property in the goods sold passes from seller…
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Discusses the Bill of Lading and its differences under UK, US and Greek law. Bases the paper on the fact that, under UK and US law, property in the goods sold passes from seller to buyer when the parties intend to pass it (regardless of whether or not delivery actually took place); whereas, under Greek law, ownership of goods passes from seller to buyer only if the intention to pass goods is supported by actual delivery. Asserts that this difference in national law causes problems in international trade. Explores the law in more depth, citing a number of cases and quoting legal precedents. Concludes that the intention of the parties concerned should be taken into consideration.
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The Employment Act 1990 is the sixth piece of major industrial relations and trade union legislation brought in by the Tory government since 1979. Each of this legislation…
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The Employment Act 1990 is the sixth piece of major industrial relations and trade union legislation brought in by the Tory government since 1979. Each of this legislation continues the step by step reforms which, — in the belief of this goverment, — are needed to counteract the adverse effects on the economic performance and efficiency of this country. The political aims of this legislation are also obvious; they weaken trade unionism. In two Green Papers, namely “Removing barriers to employment” and “Unofficial action and the law” the government identified a number of “weaknesses” and “evils” in the industrial relations and trade union system; which are now dealt with by the 1990 Act.
An employee who is eligible to make a complaint for unfair dismissal has to prove that he has been dismissed by the employer if the employer contests that the employee has in fact…
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An employee who is eligible to make a complaint for unfair dismissal has to prove that he has been dismissed by the employer if the employer contests that the employee has in fact been dismissed. If the dismissal is not contested, all the employee has to do is to show that he has been dismissed. This constitutes the first stage of the proceedings in an industrial tribunal.