Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law

Being absent from work due to sickness is a critical issue for individuals and their employers, but it has traditionally fallen outside the scope of EU employment legislation. This article argues that this is changing; it examines case‐law under the Working Time and Employment Equality Directives. The article considers the justifications that the Court of Justice has advanced to explain this expansion in EU employment law. It finds that the Court has, at times, invoked fundamental social rights as a basis for interpreting employment legislation in a manner favourable to workers. Yet the way in which the Court deploys rights‐based reasoning can be difficult to anticipate, not least the countervailing weight attached to the interests of employers. The case studies indicate that fundamental rights discourse offers a possible foundation for more extensive readings of employment legislation, but it is not a simple ‘trump card’ for advocates of stronger worker protection.     

Asphyxiating laryngeal cyst

Cysts of the larynx are uncommon lesions that on rare occasions may cause sudden death. We report herein the asphyxial death by an obstructing vocal cord cyst in a woman whose body was found in a setting that aroused suspicions of foul play. Features of this case and the autopsy findings are compared with a literature review of laryngeal cysts.     

Domestic violence: Victimization, police intervention, and disposition

The data presented here are consistent with prior research conclusions and indicate that wives have been victims in domestic dispute incidents in the United States more frequently than other family or household members. Further, in specific instances where criminal complaints were initiated, it is shown that in these instances, arrest under the Domestic Violence Program produced the strongest association when wives were the victims. The police were likely to arrest offenders (1) when criminal complaints were initiated and (2) when intimate family members, rather than strangers, were victims. The data indicate that victims who did not initiate criminal complaints did not receive adequate protection or services from the criminal justice system, and criminal complaints initiated by wives received significantly more arrest-and-referral activity than did complaints initiated by other family or household members.     

Histopathological changes in selenium-exposed fish

Redear sunfish (Lepomis microlophus) were collected from Martin Lake in east Texas. For at least 8 months, 1 year earlier, aqueous selenium-laden effluent from man-made sources was released into this 5,000-acre reservoir (unpublished data). Redear sunfish from a reference lake, 8 km upstream, were collected for comparison to Martin Lake fish. The hepatopancreas (i.e., liver and associated, disseminated exocrine pancrease), mesonephros (i.e., kidney), gonads, heart, spleen, stomach, and gill arches were preserved for histopathological examination using optical and/or transmission electron microscopy. Livers from Martin Lake redear sunfish (which had accumulated approximately 20 ppm selenium in the liver) showed central necrosis, reduced quantities of rough endoplasmic reticulum and glycogen particles, and increased numbers of lysosome-like structures. Kidneys showed proliferative glomerulonephritis, and exocrine pancreas showed marked hypertrophy at the optical level. Ultrastructurally, architectural disorganization, reduced rough endoplasmic reticulum, increased cisternal space, and proliferation of smooth endoplasmic reticulum were evident. The stomach, spleen, gill, heart, and gonads showed no abnormalities.     

Travelling law: Sex,drugs and Montesquieu

With thanks to Jatinder Barn with whom I have discussed this article throughout. Thanks also to Peter Fitzpatrick for his initial invitation and subsequent encouragement, and to my friend and colleague Paul Gilroy for introducingPersian Letters to our teaching syllabus and hence to my library. I retain sole responsibility for any inaccuracies arising from the research and any mistakes in argumentation.     

Reflections of a bourgeois Menshevik

He is author of The End of Ideology; The Radical Right; The Coming of Post-Industrial Society; The Cultural Contradictions of Capitalism;and The Social Sciences since World War Two.     

Police uniforms,attitudes, and citizens

This study focuses on identifying the relationship between the citizen's attitude toward the police and the police uniform and authoritarian attitude. The perceived authority associated with the police uniform has been an essential ingredient of the police role. Consequently, the police uniform influences attitudes and behaviors of the wearers as well as the citizens with whom they interact. The citizen's attitude is negatively affected by the traditional military style police uniform in conjunction with the authoritarian attitude exhibited by police officers in performance of their duties. Consequently, when the uniform and officer's attitude are altered, there will be a corresponding change in the citizen's attitude toward the police. The attitude of the officer, in conjunction with the uniform, exerts considerably more influence on the citizen's attitude than does the uniform, officer's attitude, or any additional factor acting independently.