On appeal

first_imgRelated posts:No related photos. On appealOn 15 Jan 2002 in Personnel Today Previous Article Next Article Comments are closed. Continuing our regular series on the implications of recent significantcases.  James Humphery, partner atThethowans Solicitors, Southampton, looks at the issuesIllness and Frustration Hogan v Cambridgeshire County CouncilUnreported decision of EAT Case382/99 HR Professionals often find themselves grappling with the concept of a‘frustrated’ contract in the context of an employee’s long-term illness. Ifsomething unforeseen occurs making a contract impossible to perform, the lawmay recognise an automatic termination of the contract thereby releasing theparties from their obligations. A lengthy inability to work due to illnessmight frustrate an employment contract, but courts and tribunals have beenreluctant to line up behind the doctrine of frustration. An employee had a rolling employment contract that included provision forsick pay, retirement, ordinary notice of termination and an ill-healthprocedure. She went on sick leave and was paid for seven months, after whichher employer was advised she was unfit to return to work. Nothing was done, anda few months later the employee started a full-time college course. When herabsence reached 16 months the employer decided enough was enough and wrote tothe employee to say her contract had ended by frustration. She countered with aclaim of unfair dismissal and breach of contract. The claim failed, but therewas an appeal in which the EAT looked at the principles of frustration. In her appeal, the employee argued that the contract envisaged long-termillness through the provisions of sick pay and an ill-health terminationprocedure. In this way, she claimed, her absence was foreseeable and could not,therefore, be capable of frustrating the contract. She also pointed to theopen-ended nature of the contract and her seven years’ service. On the otherhand, the frustration indicators were that she had enrolled for full-timestudy, had not been paid for nine months, was not a key employee, had beenunable to work for 16 months with the prognosis poor. The EAT dismissed the appeal, but in so doing differentiated between whetherthe facts were capable of establishing frustration (a question of law) andwhether those facts really did frustrate the contract (a question of fact). Itcould not, of course, reconsider the facts and found the tribunal was entitledto conclude that the contract had been frustrated. The EAT was unwilling toenunciate new principles for applying frustration to employment contracts andindicated that no individual factor was determinative. Although the employee failed in this case, it seems that frustration isstill an uncertain course for employers. Devising and applying sensitivesickness and capability procedures seems to offer the safest way out of atricky situation. Disability Discrimination Cosgrove v Caeser and Howie(2001) IRLR 653 Cosgrove was employed as a secretary. She became dep-ressed and, after shehad been absent for 12 months, she was dismissed. Cosgrove presented claims fordeclarations of unfair dismissal and disability discrimination. The tribunal found no evidence that Cosgrove had been treated anydifferently from the way her employer would have treated anyone else who hadbeen absent for a year. It also noted that neither Cosgrove nor her doctorcould suggest any reasonable changes to her work arrangements. Thediscrimination claim was dismissed. Cosgrove appealed. The EAT decided the tribunal’s approach was incorrect.The EAT asked as to the material reason for Cosgrove’s dismissal and found itwas her absence and uncertainty as to whether she would return. It then askedwhether the reason for her dismissal related to disability and found that itdid. Lastly, the EAT asked if the employer would have dismissed anotheremployee to whom the material reason did not apply. The EAT was unhappy with the tribunal’s choice of comparator because itcompared Cosgrove’s absence with another’s absence which might be for differentreasons or for no good reason at all. It said the proper comparison was with anemployee who had not been absent and decided there would not have been a reasonto dismiss such a comparator unless other potentially fair grounds fordismissal existed. Cosgrove had been treated less favourably than someone towhom the material reason did not apply. The EAT then looked at whether the apparent discrimination was justified andsaid that it cannot be justified where there is a duty under section 6 of theDisability Discrimination Act to make reasonable adjustments to workingarrangements. There was such a duty in this case and the EAT emphasised thatthe duty lies with the employer. Employers will not discharge their obligationsif they simply pass the buck to the employee or the employee’s doctor.Cosgrove’s employer did not believe she was disabled so did not consideradjustments. The EAT found there was discrimination and remitted the case for a remedieshearing. Disciplinary Procedures Injunctions may restrain a breach of a disciplinary procedure. Barros D’sa v University Hospital Coventry and Warwickshire NHS Trust (2001)IRLR 691 A consultant surgeon was suspended pending investigation of allegations ofprofessional misconduct. He had a contractual disciplinary procedure, whichrequired his employer to commission an investigation and report prior to asanctions hearing before the CEO. The inquiry found the allegations proved, butrecommended a first written warning. In its preparation for the sanctions hearing, the employer indicated therewas an irretrievable breakdown in trust and confidence caused by a letter sentby the consultant to his MP about his employer and some of his colleagues. Thishad not been before the inquiry panel. The consultant saw this as an indicationthat the CEO would be likely to dismiss him and he applied for an injunction tostop the use of the new allegation. An injunction was granted because theintroduction of this new issue was outside the disciplinary procedure andcontrary to natural justice. The employer appealed. The Court of Appeal said it must be an intrinsic partof the fairness of the procedure that issues considered at the sanctionshearing be limited to those in which the inquiry made findings. It was unfairand a breach of the contractual procedure for the employer to try to prove amore serious case, as it put the consultant at risk of being disciplined for anoffence that had not been tested or substantiated. The appeal was dismissed. last_img read more

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DRC launches guide to discriminate claims

first_imgDRC launches guide to discriminate claimsOn 5 Nov 2002 in Personnel Today Previous Article Next Article The Disability Rights Commission (DRC) has launched a new guide to helpdisabled people take discrimination claims to employment tribunals. Called How Do I Make a Claim?, the guide outlines disabled people’s rightsunder the Disability Discrimination Act (DDA) and how to make a claim if theybelieve their rights have been infringed by their employer. Bert Massie, chairman of the DRC, said: “It is the DRC’s goal to createa society where all disabled people can participate fully as equal citizens.However, there are some 8.5 million disabled people in the UK and many areunaware that they have new rights or how to exercise them. “Employers and service providers are often unsure how to implement bestpractice to make it easier for disabled people to gain employment or use theirservices,” he said. “The guide will make it easier for employers and disabled people tounderstand their rights and responsibilities.” www.drc-gb.org Comments are closed. Related posts:No related photos.last_img read more

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Rad-ical changes planned for Infirmary

first_imgThe University’s £200m plans to develop the Radcliffe Infirmary site look set to be approved after a favourable planning officers’ report to the city councillors. The Press Office confirmed that they would be applying for planning permission this month. Work could then begin on the 10 acre site at the end of this year, and would be completed by 2013. The plans are to create a Humanities building with an underground library and a 5 storey Maths department at the former hospital. The listed Infirmary building on Woodstock Road will be used for offices; the listed chapel for meetings, exhibitions and performances, while the former outpatients building will form a new home for the Ruskin School of Art. Two pedestrian and cycle routes would be created linking Woodstock Road and Walton Street. The University has agreed to construct a new building to replace the Jericho Health Centre. A spokesman said that the planned development was “very much in the Oxford tradition”, with areas of lawn planned for the north of the site, near the Observatory Gardens of Green-Templeton College. The site represents the last remaining large plot of land available for development in the historic heart of the city. It was excavated over the summer by a team of archaeologists from the Museum of London, and evidence of human occupation from the Neolithic/Bronze Age periods was discovered. Professor Anthony Monaco, chairman of the Oxford’s Radcliffe Observatory Quarter board, said, “This offers state-of-the-art teaching space, while offering new avenues through the site, exciting courtyards, gardens and squares, all with views of the Radcliffe Observatory.” Opinion among students has been generally favourable. Oliver Cox, a student at University College, said that “I think it’s great that such a historic building is being reincorporated into the University community.”last_img read more

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Lower TFAs in margarine

first_imgBakeMark UK (Wirral, Merseyside) supplies a wide range of non-hydrogenated fats and margarines. These enable food manufacturers to develop baked goods containing lower levels of trans fatty acids (TFAs), says the company. Consumer awareness of the potential health benefits of cutting TFA consumption is driving current demand, adds the firm.Healthier alternativeThe Craigmillar non-hydrogenated range offers a healthier alternative to trans fats, with multi-purpose fats and margarines suitable for all types of pastry production, says BakeMark.For sweet, savoury and cold short pastry, high performance Non-Hydro Marvello from the Premium Plus range provides a smooth, baked-through butter-like flavour, says the company. Non-Hydro Skyhigh is an all-purpose pastry margarine ideally suited to sweet or savoury applications. Available from the Performance Fats range, Skyhigh has good lift and is tolerant to temperature extremes. Non-Hydro Flakit is a consistent margarine, yellow in colour, with good plasticity. It is simple to use in both hot and cold conditions and is suitable for a ‘better-for-you’ treat, such as croissants, brioches and Danish pastries, says BakeMark.last_img read more

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Raising Cane’s now open in Mishawaka

first_img Google+ Pinterest Twitter Google+ By Jon Zimney – December 8, 2020 0 426 Pinterest Facebook WhatsApp (Photo supplied/Raising Cane’s) Indiana’s first Raising Cane’s Chicken Fingers is now open at 5212 N. Main Street in Mishawaka.The chain specializes in chicken fingers, fries, cold slaw and Texas toast.Due to the initial rush in customers, the restaurant recommends ordering ahead of time via their mobile app.Because of COVID-19, the dining room will remain closed until it is safe to re-open.Raising Cane’s sent the following information about their opening:MISHAWAKA, Ind. (Dec. 8, 2020) – Indiana’s first Raising Cane’s Chicken Fingers opened today at 5212 N. Main St., minutes away from The University of Notre Dame. Mishawaka’s new Raising Cane’s is safely sharing its ONE LOVE® – quality chicken finger meals – with Customers through its multi-lane drive-thru, mobile app and takeout. The new Restaurant is open daily from 10 a.m. to midnight – making it the perfect destination for lunch, dinner and late-night snacking.“This is a huge day for everyone at Raising Cane’s,” said Restaurant Leader Mark Clasquin. “We couldn’t be more excited to open in Indiana and bring our ONE LOVE to Mishawaka. We’ve hired over 85 incredible new Crewmembers and we’re all looking forward to becoming an integral part of the Community and serving ‘Caniacs’ throughout Michiana.”The newest Raising Cane’s is conveniently located on Main Street, near St. Joseph Regional Medical Center Hospital. Due to anticipated Customer demand, the Restaurant will open with Raising Cane’s convenient new mobile ordering app, enabling the Crew to better serve Caniacs.Raising Cane’s Restaurants operate with the highest standards of food safety, cleanliness and health. As part of this commitment, due to COVID-19, the dining room will remain closed until it is safe to re-open for Crew and Customers. Along with wearing masks and gloves, Crewmembers are following proper social distancing guidelines and continuously sanitizing surfaces throughout the Restaurant. To learn more about the extra precautions that Raising Cane’s is taking to deliver the safest experience possible for its Crew and Customers, visit raisingcanes.com/covidresponse.The new Mishawaka Restaurant marks the first Raising Cane’s in Indiana and 536th systemwide. Previous articleBristol woman, 18, killed in crash on County Road 8 in Elkhart CountyNext articleTenants of Rabbi Shulman Apartments in South Bend being relocated Jon ZimneyJon Zimney is the News and Programming Director for News/Talk 95.3 Michiana’s News Channel and host of the Fries With That podcast. Follow him on Twitter @jzimney. WhatsApp IndianaLocalNews Facebook Twitter Raising Cane’s now open in Mishawakalast_img read more

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Speech: Commence renewed and meaningful peace negotiations

first_imgThank you Mr President and thank you to Special Coordinator Mladenov for your briefing and for your recent work with Egypt to secure a renewed ceasefire between Israel and Hamas. It is essential that the ceasefire is respected and maintained by all sides. The people of Israel and Gaza deserve peace and security.The escalation seen at the Gaza perimeter last Friday, including the killing of an Israel Defense Force soldier, is deeply concerning. Hamas must cease all acts of violence and terror and decide whether it is prepared to demonstrate its commitment to achieving peace and ending this conflict.The most recent escalation and exchange of rockets into southern Israel, and the economic and kinetic response by the Israelis, are also both concerning.We urge the parties to take immediate steps to reverse the current negative trends on the ground, and to commence renewed and meaningful peace negotiations.Mr President, now more than ever, we urgently need a political process that delivers a two-state solution. As Council Members, we must seize the opportunity presented by the prospect of a US plan. The UK stands ready to support and contribute to all credible efforts to restart the peace process; we urge others to do the same.The UK position on the peace process is unchanged; we support a negotiated settlement leading to a safe and secure Israel living alongside a viable and sovereign Palestinian state, with Jerusalem as a shared capital.Mr President, every Israeli and Palestinian has the right to live in peace and security. No one wants to see a return to conflict, which will inevitably have devastating consequences. We call on the parties to take the following urgent action to avoid escalating the conflict:First, Hamas must bring an immediate and permanent end to rocket fire and the sending of incendiary devices into Israel.Second, Israel must reverse its punitive measures and work with the international community to ease conditions in Gaza, including opening movement and access and reducing economic restrictions.Third, the Palestinian Authority must resume salary payments and work to restore its presence in Gaza.The international community also has responsibilities, including the need to rally around Special Coordinator Mladenov’s plans to improve the situation in Gaza and in supporting Egyptian efforts on political reconciliation and longer-term arrangements for calm in Gaza.The risk of tensions boiling over into a full-blown conflict are very real and very dangerous. Every effort must be made to avoid civilian casualties.Nobody around this table wants to see another Gaza conflict. At such a highly sensitive time, we urge calm and restraint.We appreciate Egyptian efforts in calming tensions and we urge Egypt to do more by improving movement and access through Rafah crossing.Mr President, we are also deeply concerned by continued demolition of Palestinian property by the Israeli authorities. Due to severe planning restrictions, many Palestinians have no option but to build without permission. This needs to change. Demolitions and evictions of Palestinians from their homes causes unnecessary suffering to ordinary Palestinians and, in all but the most exceptional of cases, are contrary to International Humanitarian Law.The village of Khan al-Ahmar is a case in point, and this is an example that has also been raised this morning by the French and Dutch Ambassadors. We continue to urge Israel to abandon demolition plans entirely, and instead provide a transparent route to construction for Palestinians in Area C. Not only could demolition constitute forcible transfer, it would also pave the way for settlement building in E1. In accordance with our longstanding policy, we would have to condemn such a move. Such action would strike a major blow to the prospects for a two-state solution and make it difficult to believe that Israel wants progress towards peace.Finally, Mr President, I want to reiterate that the UK remains firmly committed to supporting UNRWA and Palestinian refugees across the Middle East. The UK welcomes the important contributions that Member States are providing to UNRWA.However, UNRWA’s deficit remains at $217 million, meaning it will shortly have to make a decision about whether to open schools in September. The increased demand for UNRWA’s services and growing instability across the region make UNRWA’s support even more important. It is clear that UNRWA needs a broader pool of financial support from donors to achieve sufficient, assured and predictable financing. It is also clear that UNRWA needs to continue to promote realistic and technical cost-saving reforms.The UK continues to support UNRWA and remains one of the top five donors. We have delivered our pledge of $37.5 million and have brought forward $13.5 million to help meet the urgent needs of Palestinian refugees. We encourage members of this Council to consider what more they can do to support Palestinian refugees and alleviate the current financial pressure facing UNRWA.Thank you.last_img read more

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News story: Current unrest in Sudan: Troika statement, April 2019

first_img The protests in Sudan that began in December 2018 reached a new level of intensity and popular support on 6 April. They continue to grow and the demand for political change from the courageous and resilient people of Sudan is becoming ever clearer and more powerful. The time has come for the Sudanese authorities to respond to these popular demands in a serious and credible way. The Sudanese people are demanding a transition to a political system that is inclusive and has greater legitimacy. The Sudanese authorities must now respond and deliver a credible plan for political transition. Failing to do so risks causing greater instability. The Sudanese leadership has a grave responsibility to avoid such an outcome. We call on the Sudanese authorities to release all political detainees, stop the use of violence against peaceful protesters, remove all restrictions to freedoms, lift the state of emergency and allow for a credible political dialogue in a conducive environment with all key Sudanese actors that has as its basis the goal of a political and economic transition to a new type of Sudan. One where human rights, the rule of law, democracy and equal citizenship are all respected and which can bring an end to the conflicts and corruption that have plagued the country. If the Sudanese authorities take these steps, the Troika (the United States, The United Kingdom and Norway) will support such a political process and in time could work to help resolve some of the long term economic challenges that Sudan faces. This is a pivotal moment for the future of Sudan. The decisions the Sudanese authorities take now, in an inclusive dialogue, will have a dramatic impact on the lives of 40 million Sudanese people and the stability of the region. We urge the Sudanese authorities, as well as the opposition, to embrace their responsibilities. Further information Follow the Foreign Office on Twitter @foreignoffice and Facebook Follow the Foreign Office on Instagram, YouTube and LinkedIn UK, US and Norway statement on the current unrest in Sudan:last_img read more

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Chautauqua County Reports 17 New Cases Of COVID-19 Thursday

first_imgMAYVILLE- Chautauqua County officials have reported 17 new positive cases of COVID-19 Thursday afternoon, bringing the total number of confirmed cases to 727.The new cases Thursday consist of six new cases in Dunkirk, four in Jamestown, two in Fredonia, two in Lakewood, one in Irving, one in Findley Lake, and one in Frewsburg.313 people remain under under quarantine or isolation orders by the Public Health Director and and are being monitored. 22 people remained under domestic traveler quarantine for having arrived to Chautauqua County from a state listed on the New York State Travel Advisory. There remains five people hospitalized in the county.To date, there have been 646 recoveries, 13 deaths, and 48,720 negative tests administered. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)last_img read more

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Odds & Ends: Bruce Willis Picks B’way Over Woody Allen & More

first_img Related Shows View Comments Here’s a quick roundup of stories you may have missed today. Willis Picks B’way Over WoodyBruce Willis is taking his Broadway debut in Stephen King’s Misery very seriously. Deadline reports that the megastar has pulled out of Woody Allen’s new film so he can focus on the stage adaptation of the hit novel and movie. Allen is planning to recast to keep the currently untitled film, which also stars Blake Lively, Kristen Stewart, Jesse Eisenberg, Corey Stoll and more, on schedule. Willis will begin performances opposite three-time Emmy winner and two-time Tony nominee Laurie Metcalf at the Broadhurst Theatre on October 22. We cannot wait!Maggie Smith’s Van Gets Awards-Qualifying ReleaseTony and Oscar winner Maggie Smith could be adding another trophy to her collection—the previously reported silver screen adaptation of Alan Bennett’s The Lady in the Van will receive an awards-qualifying December release from Sony Pictures Classics. According to Variety, the movie, which is helmed by theater legend Nicholas Hytner (who also directed the stage play), will premiere at the Toronto Film Festival. Check out the film’s trailer, including a scene-stealing cameo by Tony winner James Corden, here.Get Your Fiddler Facts Straight!Just in time for the opening of the new Broadway production of Fiddler on the Roof comes the perfect accompaniment—the paperback release on August 25 of Tradition! The Highly Improbable, Ultimately Triumphant Broadway-to-Hollywood Story of Fiddler on the Roof, The World’s Most Beloved Musical. Barbara Isenberg, the author, weaves together behind-the-scenes tales and anecdotes on the making of the show and film, fabulous examples of which you can find here!Alan Cumming’s Latest AccoladeCheck out this hot shot taken by Bruce Glikas below, of Tony winner Alan Cumming picking up the Absolute Brightness Award on August 24 from James Lecesne, who had just completed a performance in The Absolute Brightness of Leonard Pelkey. The honor is bestowed for being a unique individual who is a shining beacon in their community, and an inspiration to live as your truest self. You can catch the production at off-Broadway’s Westside Theatre through October 4. Show Closed This production ended its run on Feb. 14, 2016 Miserylast_img read more

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