Aims to examine the impact of health and safety legislationemanating from the European Community and to analyse what effect, ifany, it will have on British occupational health and…
Abstract
Aims to examine the impact of health and safety legislation emanating from the European Community and to analyse what effect, if any, it will have on British occupational health and safety law. An examination of the social action programmes shows that the pace of change has increased rapidly since the Single European Act was incorporated into the Treaty of Rome and became operative from July 1987. Because of rapid changes that are occurring on a broad front there was a need to be selective. Emphasizes to some extent, therefore, the construction industry because it would appear that European legislation is likely to have a major impact on British law and practice in this industry.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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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.
Talat Islam, Mubbsher Munawar Khan, Ishfaq Ahmed and Khalid Mahmood
Human misbehaviors are responsible for climate change as they waste resources and pollute water and air that dilapidate the environment. Considering the fact and contributing to…
Abstract
Purpose
Human misbehaviors are responsible for climate change as they waste resources and pollute water and air that dilapidate the environment. Considering the fact and contributing to the United Nations sustainable development goals of 2019, organizations started focusing their green HRM practices to develop employees' green attitudes and behaviors. This study is an attempt in this direction. It examines the impact of ethical leadership on individuals' green in-role and extra-role behaviors with the mediating role of green HRM practices and the moderating role of individual green values.
Design/methodology/approach
The study collected data from 645 MBA executive students working in various manufacturing industries with at least one year of experience. The data were collected using a questionnaire-based survey in two-time lags.
Findings
Hypothesized relationships are tested through structural equation modeling. Findings reflected a significant impact of ethical leadership on green HRM practices, in-role, and extra-role green behaviors. Besides, green HRM practices mediated the relationship between ethical leadership and both types of green behaviors. Furthermore, it was observed that the individual green values strengthened the association between green HRM practices and both types of green behaviors.
Research limitations/implications
A cross-sectional design with time lags was used to avoid common method bias. The findings of the study contribute to supply-value-fit theory and validate the scale of individual green value.
Practical implications
This study guides management that employees only perceive their organizational practices as green when they find their leaders are ethical. Further, considering individual green values in the recruitment process can help organizations accomplishing their green goals.
Originality/value
This study is novel in examining the mediating role of green HRM practices between ethical leadership and green behaviors. Further, the analysis not only validates the scale of individual green values but also noted its moderating role between green HRM and green behaviors.
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The findings of the Steering Group on Food Freshness in relation to the compulsory date marking of food contained in their Report, reviewed elsewhere in this issue, has brought…
Abstract
The findings of the Steering Group on Food Freshness in relation to the compulsory date marking of food contained in their Report, reviewed elsewhere in this issue, has brought within measurable distance the Regulations which were, in any case, promised for1975. The Group consider that the extension of voluntary open date marking systems will not be sufficiently rapid (or sufficiently comprehensive) to avoid the need or justify the delay in introducing legislation.
On 12 November 2018, New Zealand's Land Transfer Act 2017 came into force. The purpose of this paper is to pinpoint some of the significant changes in the Act that challenge the…
Abstract
Purpose
On 12 November 2018, New Zealand's Land Transfer Act 2017 came into force. The purpose of this paper is to pinpoint some of the significant changes in the Act that challenge the fundamental concepts of the Torrens system of registration.
Design/methodology/approach
The paper addresses three significant reforms: a definition of land transfer fraud; the concept of immediate indefeasibility with limited judicial discretion and its impact on volunteers and the Gibbs v. Messer anomaly; and the compensation regime. Case studies illustrate the effect of these changes.
Findings
The limited legislative definition of fraud reflects the common law and allows for any necessary flexibility. The new Act reiterates the principle of immediate indefeasibility but qualifies it with the introduction of some judicial discretion. This is a novel concept for the courts and will undoubtedly be dealt with cautiously. The author voices some disquiet with regard to some of the guidelines set out in s 55(4) of the Act. The compensation provisions introduce an element of an owner's culpability. An owner now runs the risk of reduced compensation if there has been a lack of proper care.
Research limitations/implications
The implications of this research are fundamental for New Zealand's land transfer system.
Practical implications
The limited judicial discretion will challenge the courts of New Zealand. The new compensation provisions will ensure that an owner's carelessness will be accountable.
Originality/value
This study is one of the first to analyse the Land Transfer Act 2017 (New Zealand). Its value extends beyond New Zealand shores as it has implications for global land transfer systems.
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The purpose of this paper is to examine the response of the Spanish courts to the effects of the 2007 financial crisis for residential mortgage borrowers in the absence of any…
Abstract
Purpose
The purpose of this paper is to examine the response of the Spanish courts to the effects of the 2007 financial crisis for residential mortgage borrowers in the absence of any equivalent intervention by the legislature. The paper also explores the potential risks that recent court decisions might pose for the Spanish mortgage and banking systems.
Design/methodology/approach
The paper uses a combination of doctrinal and comparative methodology. It undertakes an analysis of decided judicial cases in Spain and compares these to international courts’ decisions and to national and international legislation with a view to exploring their originality in the field of mortgage-related consumer protection.
Findings
The reviewed cases demonstrate the need to consider legislative reforms to increase the protection of consumers in relation to mortgages. Some reforms took place in 2013, but these were not perceived as sufficient by the judiciary. The paper also highlights the legal uncertainty that has followed these decisions and its negative impact on the credibility of the Spanish financial and legal systems.
Research limitations/implications
The cases discussed are exceptional in the context of the general “normal” or “traditional” application of contractual, procedural and mortgage legislation by the rest of the judiciary. However, they are relevant enough to detect a trend and the need for the revision of affected statutes.
Originality/value
This paper provides the first systematic critical analysis of these cases. It is of particular significance, as they collectively represent a distortion of the civil law principles that provide the basis of Spanish mortgage law and, therefore, of the wider financial system.
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Based on an extensive literature review, this chapter outlines key developments in global health and research during the last century with focus on the emergence of violence and…
Abstract
Based on an extensive literature review, this chapter outlines key developments in global health and research during the last century with focus on the emergence of violence and child maltreatment as international public health priorities. Violence has been known to humans for millennia, but only in the late 1990s was it recognised as a global public health issue. Every year, an estimated 1 billion children are exposed to trauma, loss, abuse and neglect. Child maltreatment takes a social and economic toll on countries. Research initiated in 1985 found child maltreatment to be associated with increased disease, disability and premature death in adult survivors. The global availability of data on child maltreatment is, however, sporadic with low validity and reliability. Few global experts have consulted and involved the survivors of child maltreatment, as the experts by experience, in their attempts to provide a more comprehensive picture of reality. Youth and adult survivors of child maltreatment are often traumatised by the experience, and it is important to use trauma-informed approaches to prevent re-traumatisation. Participatory and inclusive research on child maltreatment is only in its infancy. There is a need for more inclusive research, designed by survivors for survivors, hereby strengthening local capacity building and informing policymakers from the bottom up. This chapter reviews lessons learnt and provides recommendations for how to enhance the participation and inclusion of the experts by experience in research on child maltreatment.
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Jane Wilkinson and Mervi Kaukko
Currently, the world is experiencing the highest levels of displaced peoples ever recorded by The United Nations High Commissioner for Refugees (Australian Human Rights…
Abstract
Currently, the world is experiencing the highest levels of displaced peoples ever recorded by The United Nations High Commissioner for Refugees (Australian Human Rights Commission, 2016). Consequently, greater numbers of refugees and asylum-seekers are being resettled in host nations in Anglophone and some European nations. An increasing body of literature is examining the consequences for educational systems as this new and increasingly diverse cohort of students enters various education sectors – preschools, schools, universities and adult education. Despite a surge of interest in this area, however, the practical and theoretical implications for school leaders’ practices and praxis remain under-examined and under-theorized. Moreover, scholarship on leadership for diversity fails to capture the complex nature of leading learning for refugee students who too frequently are homogenized and essentialized under the umbrella of immigrant or culturally diverse students. This chapter contributes to filling a critical gap in our knowledge in these areas.