Part One of the Employment Act 2008: 'Better' Dispute Resolution?

This article will analyse Part One of the Employment Act 2008on employment dispute resolution and in particular the repealof the statutory workplace dispute resolution procedures onlyfour years after Regulations implemented them. It will beginby considering the background of increasing tribunal caseloadthat led to their introduction in the first place. Later sectionswill examine the replacement of these statutory procedures withwhat Ministers described as the triple package of a new AdvisoryConciliation and Arbitration Service (‘ACAS’) helpline,increased ACAS conciliation and a revised ACAS Code. The languageof repeal and the Act's reintroduction of the Polkey line ofcases might suggest that dismissal law is merely reverting backto its pre October 2004 position. This article will, however,conclude that Part One does not just ‘simplify’dismissal law, or ‘return’ the law to September2004 or indeed to any other time frame. Instead, it weakenskey procedural protections for employees potentially by conflatingthe 2002 Act's different tests of ‘automatically’unfair and ‘ordinarily’ unfair dismissals, for example.Lowering standards of procedural justice is significant in itselfbut this takes added importance for dismissed employees as tribunalsrarely investigate the substantive fairness of dismissals.     

Finger in the Dyke or the Floodgates Stemmed? Sections 29–40 of the Employment Act 2002

This article considers Sections 29–40 of the Employment Act 2002 in the context of post-War developments in labour relations culminating in the National Industrial Relations Court. It considers the development of Employment Tribunal which rather than being the last resort intended by the legislators, has become the first resort of complainants, often for trivial matters by employees; or by employers taking an extremely broad view of Gross Misconduct by employees. Due to the volume of cases and the shortage of Chairs, cases are constantly delayed and postponed. The article posits that these are the principle reason behind the framing of Sections 29–40 of the Employment Act 2002 which introduced a new Section 9(1)(a) into the Employment Tribunals Act 1995. This has given the Chair of an Employment Tribunal the authority to strike out a weak case at a Pre-Hearing Review that will strike the case out once and for all at this juncture. The aim is to encourage employers to have proper procedures and for employees to follow them. This article suggests that in fact the reforms will have the opposite effect; that they have introduced another layer of legal complexity which will further increase the number of cases brought before the Employment Tribunal.     

What Space for Unions on the Floor of Rights? Trade Unions and the Enforcement of Statutory Individual Employment Rights

The recent development of statutory individual employment rightsalters the balance between legal regulation and collective bargaining.Union influence in the workplace has declined and workers aremore reliant on individualised procedures culminating in claimsto employment tribunals. There is potential, though, for unionsto play a role in enforcing statutory employment rights, todemonstrate the efficacy of representation to potential membersand to augment collective bargaining agenda. Union engagementwith the law is explored in this article through detailed casestudies conducted in two unions. Findings highlight sustainedcommitment to strategic legal challenges, but also some substantialobstacles to the broader use of the law to mobilise workersand potential members.     

The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?

If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.     

A Purposive Approach to Employment Protection or a Missed Opportunity?

This note discusses how far the Supreme Court judgment in Autoclenz Ltd v Belcher and others provides grounds for a purposive interpretation of the contract of employment for employment protection purposes, or whether its scope is limited to the specific issue of considering the validity of boilerplate contractual terms. The author reflects on the approach taken by the Supreme Court and how far issues of inequality and substantive fairness within employment relationships have been addressed. The note concludes that whilst the judgment has extended the context of facts to be considered to include a consideration of relative bargaining power, this in itself does not extend to a consideration of substantive fairness nor does it clarify the standards that should apply to a fair employment relationship.     

Intimate Partner Violence and Female Nurses’ Employment: Disclosure and Consequences

The study examined the relationship between women’s disclosure of intimate partner violence and their experience of employment interference, work-related consequences, and work participation in 140 nurses. Participants reported experiencing at least one employment interference tactic and 40 % of them disclosed their experience. Employment interference, work-related consequences, and work participation did not differ between nurses who disclosed violence/employment interference and those who did not. Further, our participants may have chosen to disclose employment interference in order to express their discomfort rather than to seek assistance or advice. Distribution of power governed by gender is an obstacle facing women in Jordan, limiting the extent to which they can be protected from experiencing IPV in the workplace.     

An American Future? Contingency Fees,Claims Explosions and Evidence from Employment Tribunals

This article looks empirically at the notion of ‘American‐style’ problems with contingency fees: in particular, the purported link between contingency fees and claims explosions. It does so in the light of renewed interest in contingency fees as a vehicle for access to justice and the resolution of costs problems in the civil justice system prompted by Jackson LJ and others. The article sheds light on the considerable debate about the (de)merits of contingency fees in one of the main – and most controversial – contexts where they are permitted: employment tribunals. The evidence casts doubt on the claim that contingency fees, coupled with US‐style costs rules, lead inexorably to an explosion in litigation. The article also examines the significant inequalities in access to justice experienced by claimants and considers how far contingency fees address those concerns, suggesting limits to Kritzer's portfolio theory in relation to employment cases in England and Wales.     

Childhood Maltreatment,Intimate Partner Violence,Work Interference and Women’s Employment

This study examined the long-term effects of childhood maltreatment, intimate partner violence (IPV) and work interference on women’s employment in a sample of 135 housed or homeless women. Work interference (defined as a partner’s interference with or restraint of a woman’s working) was reported by 60% of women who had experienced IPV and was more common among non-Hispanic White women. Abuse history of any type was not predictive of women’s employment or receiving job training, but child sexual abuse history and lifetime IPV were predictive of non-Hispanic White women’s not looking for a job. Receiving job training was negatively correlated with women’s current mental health. The study suggests different but overlapping pathways to the outcome of underemployment for racial/ethnic minority and majority women—namely, macro level factors and individual vulnerability factors, respectively. The need for trauma-informed services for unemployed and/or homeless women is highlighted.     

A Comparative Study of Employment Adjustment in Chinese Enterprises (1986–1990)

Structural change and competition are profoundly affecting the way labor markets work in China, especially in rural areas. The rapid growth of jobs in township and village enterprises during the 1980s was forged largely by market forces and with little government oversight. Similar pressures are now playing an increasing role in urban markets, but the difficulties of state enterprises have made the transition more difficult. The inflexibility of the urban labor market has several negative effects on the performance of urban enterprises, especially SOEs. One of the problems it creates is over-staffing in SOEs, which is largely due to their failure to adjust employment with respect to efficient labor demand. The massive lay-offs that took place since 1995 demonstrate the seriousness of the over-staffing problem in the state sector of China's industry. Government officials estimate that 15 to 20 percent of state enterprise employees could be released from their companies without affecting output. This study investigates the differences in the speed of employment adjustment between state, collective, and township-village enterprises in China. Using panel data from a sample of Chinese enterprises during 1986-1990, our empirical results indicate that the speed of adjustment in production workers might be the slowest in the state-owned enterprises.     

Economic Growth and Structural Changes in Employment and Investments in China, 1985–94

This paper uses a shift-share method to quantify the components of economic growth and structural changes in employment and investments at both the national and regional levels. The results indicate that rapid economic growth has been characterized by significant shifts in employment and investments between industries in China. Such structural changes have a distinct regional pattern which has important policy implications regarding spatial disparities in economic growth and income. The results shed some important light on the understanding of Deng's development thought that is formalized in this paper as a multi-tier and multi-stage development strategy for a large developing economy.     

Does Parolee Drug Testing Influence Employment and Education Outcomes? Evidence from a Randomized Experiment with Noncompliance

Despite the ubiquity of drug testing in criminal justice settings, there is little experimental evidence suggesting that testing reduces drug use or engenders pro-social behavior. This paper estimates the effect of parolee drug testing on labor and education outcomes with data from a randomized experiment involving 1,958 young parolees. It provides the first estimates in the literature suggesting that drug testing with graduated sanctions can improve short-run employment and education outcomes for parolees. After controlling for parole office fixed effects, juvenile criminal history, and a host of other covariates, the analyses suggest that parolees randomly assigned to testing are 6–8 percentage points (∼11%) less likely to be unemployed and not in school for the month following release to parole when compared to those assigned to the no-testing condition. Racially- and ethnically-stratified analyses find that Hispanics assigned to testing are 10–13 percentage points (∼22%) less likely to be unemployed and not in school, while the estimated coefficient for Blacks is statistically insignificant and hovers around zero. Analyses that use instrumental variable techniques to account for noncompliance by parole officers yield local average treatment effects that are almost twice as large as the intention-to-treat effects.

Employment preservation vs. creditors’ repayment under bankruptcy law: The French dilemma?

The paper investigates the French dilemma associated with court administered resolution of corporate financial distress. In such a legal system, the courts seek a double objective: maintaining job positions through continuation, and determining the best outcome for the claimants. We discuss this dilemma empirically, using a unique sample of bankruptcy files on French SMEs. We address successively three critical questions. First, we highlight the determinants of the final bankruptcy outcome (continuation through reorganization or sale, or piecemeal liquidation): does continuation (the most employment-friendly outcome) depend on the firm's characteristics, and/or on the way the procedure is managed? Second, we study the determinants of the creditors’ recovery rates: do the courts play an active role in increasing recoveries? Third, we address the dilemma directly by focusing on sales as a going concern. We model the court administered selection process between rival buyout offers: do the courts balance the social content against the financial content of each offer? Is there an explicit arbitrage between employment preservation and creditor recoveries? Our main results are: (1) the French courts actively work to facilitate continuation against liquidation, and thus play a role in employment preservation. Besides, we find continuation is more likely to prevail when default is an outcome of specific difficulties (outlets, finance, and production). (2) We confirm the Radulovic (2008) findings: the global recovery rate mainly depends on the firm's ex ante characteristics at the time of triggering, while the way the procedure is managed by the court has little impact. Similarly to LoPucki and Doherty (2007), continuation via reorganization does not generate lower recovery rates on average than the other outcomes. (3) Last, the courts’ choice between rival buyout offers confirms that social considerations prevail in the arbitration. Yet, the courts still consider financial issues as well (a higher sale price increases the chances that an offer is selected), but without clear connection with the amount of due claims (one direct consequence is a moderate recovery rate on sales).     

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e browse background and design navigational maps properly in VE and WWW for reducing cognitive burden and improving 搃mmersion?in VE.virtual environments, www, hypertext, disorientation0心理科学进展Journal of Developments In Psychology76-82B845F102;1;E;FF102_1;沈昉000     

Agamben’s Grammar of the Secret Under the Sign of the Law

This paper suggests that a grammar of the secret forms a concept in Agamben’s work, a gap that grounds the enigma of sovereignty. Between the Indo-European *krei, *se, and *per themes, the secret is etymologically linked to the logics of separation and potentiality that together enable the pliant and emergent structure of sovereignty. Sovereignty’s logic of separation meets the logic of relation in the form of abandonment: the point at which division has exhausted itself and reaches an indivisible element, bare life, the exception separated from the form of life and captured in a separate sphere. The arcanum imperii of sovereignty and the cipher of bare life are held together in the relation of the ban as the twin secrets of biopower, maintained by the potentiality of law that works itself as a concealed, inscrutable force. But the ‘real’ secret of sovereignty, I suggest, is its dialectical reversibility, the point at which the concept of the secret is met by its own immanent unworking by the critic and scribe under the *krei theme, and subject to abandonment through the work of profanation; here, different species of the secret are thrown against one another, one order undoing the other. The secret founded upon the sacred is displaced by Agamben’s critical orientation toward the immanent: what is immanent is both potential and hiddenness.     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)