Case round up

first_img Previous Article Next Article Case round-up by Eversheds 020 7919 4500When is a dismissal hearing a disciplinary hearing? Heathmill Multimedia ASP Limited v D Jones & M Jones, EAT 10 June[2003] The two Jones brothers were employed by Heathmill from spring 2001. Due toHeathmill’s financial difficulties, the brothers were called to a meeting inDecember 2001. They were given one month’s notice, but were not told the reasonfor their dismissal. The tribunal found that the reason for their dismissal was redundancy, andtherefore “it was not appropriate to follow the disciplinary route in dealingwith this matter”. Nevertheless, Heathmill had breached the EmploymentRelations Act 1999 by failing to allow the workers to be accompanied at theirdismissal meeting. The meeting fell within the statutory definition of a disciplinary hearing(S13(4) ERA 1996), as a hearing that could result in the “taking of someother action in respect of a worker by his employer”, and so they shouldhave been advised of their right to be accompanied by the dismissal officer.Heathmill was ordered to pay the brothers £480 each (the statutory maximum oftwo weeks’ pay). Heathmill appealed, arguing that the meeting was not a disciplinary hearing.The tribunal had already found that as the dismissal was by reason ofredundancy, there was no question of there being any disciplinary hearing. Ifthe purpose of the meeting was simply to inform the employees that they were tobe dismissed, then it was not a ‘hearing’ of any kind, and certainly not adisciplinary hearing within the statutory definition. The appeal was allowed, and the awards were discharged. Equal pay defence Kings College London v Clark, EAT 4 June [2003] Clark was employed by Kings College as a scientific officer, grade 1. In1993, on merging with another college, Tate – a grade 3 post holder – transferredand joined Clark. TUPE applied to Tate’s transfer, and he continued to receive a higher salarythan Clark, as well as increased holiday entitlement. Clark consistentlycomplained they were engaged in ‘like work’, and should both be paid the sameamount. She brought a successful equal pay claim. The college accepted that she was employed in the same type of work as Tate.However, on appeal, it sought to challenge the tribunal’s rejection of itsdefence that the variation in pay was due to a material factor unconnected tothe difference in sex; ie, the need to preserve Tate’s terms and conditions onthe transfer of his employment in 1993. The appeal was allowed. The material factor defence had not been adequatelyconsidered by the tribunal. Although the college had undertaken a gradingreview in 1999, the employment tribunal accepted this did not break the chainof causation that stretched back to the earlier transfer, and the college’sobligations under TUPE. Related posts:No related photos. Case round upOn 14 Oct 2003 in Personnel Today Comments are closed. last_img read more

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Kung Fu Will Play The Music of Steely Dan On Upcoming Tour

first_imgFunk fusion rockers Kung Fu have announced a national Spring tour, The Fez Tour. Each show will feature a set of original music and a set of Steely Dan. Needless to say, fans of either band will be pleased with the exceptional musicianship that will take place.With opportunity to explore their original music before diving into the cult phenomenon’s classic compositions, Kung Fu is set up for an exciting 28-date tour throughout the nation.The Fez Tour will run across 20 states spanning through the Northeast, Mid Atlantic, Southeast, Midwest and Colorado. Kicking off at the Ardmore Music Hall, the band will hit Toad’s Place, Higher Ground, Boulder Theater, Brooklyn Bowl, and more, with festival stops at Wanee and Phunkberry. Check out the full schedule below:last_img read more

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Dot Extends Off-Broadway

first_img Show Closed This production ended its run on March 24, 2016 Dot Marjorie Johnson in ‘Dot’Photo: Carol Rosegg Related Showscenter_img View Comments The New York premiere of Colman Domingo’s Dot has extended its run at the Vineyard Theatre. The off-Broadway production, directed by Susan Stroman and starring Marjorie Johnson, will now play through March 24 instead of the previously scheduled March 20. The new play opened officially on February 23.Dot follows Dotty (Johnson), a matriarch suffering from dementia. Her three adult children gather for the holidays with more than exchanging presents on their mind and fight to balance care for their mother and for themselves.The cast also includes Finnerty Steeves, Sharon Washington, Stephen Conrad Moore, Libya V. Pugh, Colin Hanlon and Michael Rosen.last_img read more

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No love for ‘internot,’ ‘social notworking’

first_imgI vaguely remember some decades back when I would head for downtown and sure enough someone, at any time of day, would be on a busy street corner shouting through a megaphone. It didn’t matter which town or city I was in, there on some busy street corner, one after another, people would be shouting through a megaphone. They’d holler out their name, then their phone number and address along with their birthdate and social security number, and in some cases where they were going to be for the next hours, if not at home.Constantly, one person and then another would grab the megaphone and holler their information out to anyone listening. Now mind you, everyone did this.Oh wait, no they didn’t. That would be utterly stupid. Who in their right mind would do something like that?Those on the “internot” and “social notworking” maybe?G. V. MARMUSCAKSchenectadyMore from The Daily Gazette:Schenectady man dies following Cutler Street dirt bike crashSchenectady, Saratoga casinos say reopening has gone well; revenue down 30%Schenectady department heads: Budget cutbacks would further stress already-stretched departmentsEDITORIAL: Find a way to get family members into nursing homesTroopers: Schenectady pair possessed heroin, crack cocaine in Orange County Thruway stop Categories: Letters to the Editor, Opinion Getting up there in years, I find myself thinking back at a time way before Twitter, Snapchat, Myspace, Facebook, Linkedin, instant messenger and the likes.last_img read more

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Lakers waive Tarik Black before contract becomes guaranteed

first_img Newsroom GuidelinesNews TipsContact UsReport an Error AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREUCLA alum Kenny Clark signs four-year contract extension with PackersThe Lakers liked liked Black’s offensive and defensive hustle as well as leadership qualities. The 25-year-old Black also averaged 5.7 points and 5.1 rebounds while shooting 51.2 percent in 16.3 minutes through 67 games in the 2016-17 seasons. But the Lakers had concerns over how Black would fit in a loaded frontcourt that also featured Julius Randle, Larry Nance Jr., Luol Deng and rookie Kyle Kuzma. The Lakers also have to evaluate reserve forward Thomas Robinson, who became an unrestricted free agent and could be a less expensive option than Black.By waiving Black, the Lakers currently have nine players under contract for next season not accounting for deals they will soon sign for their draft picks in Lonzo Ball, Josh Hart, Thomas Bryant and Kuzma. That puts the roster number at 13, giving the Lakers two players short of the NBA maximum 15-man regular-season roster.On Friday, the NBA released the salary cap at $99.093 million. With the minimum salary set at $89.184 million, the Lakers have about $17 million to spend on the rest of their roster. The Lakers are mainly prioritizing acquiring a shooter and defender, preferably at the backup point guard spot.Meeting of the mindsWill the “Swaggy P era” come close to its conclusion with the Lakers? The Lakers spent the second day of free agency reducing a bloated frontcourt, even if it came at the expense of a player they respected for his hustle and positive locker room presence.The Lakers waived reserve forward Tarik Black on Saturday, three days before his $6.6 million contract would have become guaranteed for the 2017-18 season. Any NBA team can claim Black once he clears waivers within the next 48 hours. If not, the fourth-year NBA forward will become an unrestricted free agent.After averaging a combined 5.5 points on 54.3 percent shooting and 5.1 rebounds through 2 ½ seasons with the Lakers, Black expressed gratitude to the Lakers in a post on his Instagram account.“It’s been absolutely amazing and invigorating,” Black wrote. “I would like to thank the Lakers for an amazing ride and being there for me. From the staff, the team, and the fans I am indescribably grateful. You all opened the doors for me to live a dream to play for such an organization. I love you all and the Lakers are forever in my heart.”center_img Nick Young fielded interest from the Golden State Warriors, Oklahoma City Thunder and New Orleans Pelicans after free agency began at 9:01 pm PT on Friday, according to league sources familiar with the situation.Though the Lakers also contacted Young’s representatives during that time period, both the Lakers and Young have conflicting agendas that suggest the end of their four-year tenure together.After Young opted out of his $5.7 million player option last week to become an unrestricted free agent, the Lakers immediately prepared for his departure. While the 32-year-old Young hopes to maximize his earnings on a multi-year contract for a playoff team, the Lakers want to sign players to one-year deals to save cap space for the 2018 offseason when LeBron James, Paul George and Russell Westbrook might be available.last_img read more

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Cavani breaks PSG scoring record in Montpellier rout

first_imgNeymar thought he had completed a double, but his effort was ruled out for handball.The 25-year-old did net his second goal shortly afterwards, though, and he had Cavani to thank as his strike partner dinked the ball past Montpellier keeper Benjamin Lecomte for Neymar to tap in from inside the six-yard box.The Brazilian has now scored 26 goals since joining from Barcelona in the close season.Lyon, who inflicted just a second league defeat of the season on PSG last weekend, can cut the gap back to eight points on Sunday, when Marseille also host Monaco in a crucial match in the battle for the top three and Champions League qualification.Share on: WhatsApp Paris, France | AFP | Edinson Cavani broke Zlatan Ibrahimovic’s all-time goalscoring record for Paris Saint-Germain on Saturday, while Neymar scored twice in a 4-0 thrashing of Montpellier.The Uruguay striker tapped in his 157th PSG goal in the 11th minute at the Parc des Princes to spark wild celebrations, having levelled the Swede’s previous mark 10 days ago.“It’s something magnificent, I’m very emotional,” Cavani told Canal+. Neymar had been booed by the Paris crowd on his previous appearance when he scored four goals in an 8-0 thrashing of Dijon, but took a late spot-kick that could have given Cavani the record.The controversy from 10 days ago was put to bed before half-time, though, as when the hosts won a penalty, Cavani handed the ball to Neymar for the Brazilian to confidently slot home PSG’s 2,000th goal at the Parc des Princes.Montpellier, who had the best defence in the French top flight before this game, managed to slow the pace down after the interval and midfielder Junior Sambia drew an uncomfortable save from home goalkeeper Alphonse Areola.But PSG finished off the away side midway through the second period, as right-back Thomas Meunier raced clear before squaring for Argentinian Di Maria to pick out the bottom corner and score his seventh goal in 10 games.center_img “In life, you’re not always given so much warmth. I’m very content, very happy to be here.”Neymar, on his return to the starting XI after a thigh injury, slotted in a 40th-minute penalty, before following Angel Di Maria’s strike with his second goal to wrap up the win.Unai Emery’s men are now 11 points clear at the Ligue 1 summit from second-placed Lyon, who visit Bordeaux on Sunday.Cavani started up front alongside Neymar, with Kylian Mbappe still recovering from injury.Having failed to score in consecutive games, the 30-year-old didn’t have to wait long to break the record.Neymar freed Adrien Rabiot down the left-hand side and Cavani turned in the midfielder’s cutback from close range to score his 27th goal of the season.He celebrated by throwing his shirt into the crowd, with the referee shaking his hand in acknowledgement of the achievement before booking the striker.Cavani’s 157th goal came in his 229th match for the capital club since joining from Napoli for 64 million euros ($79.5 million) in 2013, after Ibrahimovic managed 156 in 180 games during his four seasons in Paris before leaving for Manchester United in 2016.He almost grabbed number 158 just minutes later, but Portuguese defender Pedro Mendes managed to toe the ball away from the onrushing striker.last_img read more

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Former Dolphins Player Arrested During Breonna Taylor Protest

first_imgPolice in Louisville, Ky., arrested former Miami Dolphins wide receiver Kenny Stills during a protest this week for Breonna Taylor, according to reports.Stills played four seasons with the Dolphins, before being traded to the Houston Texans before the 2019 season.The 28-year-old receiver and 86 others were taken into custody late Tuesday on felony charges for the protest.They reportedly marched to the home of Daniel Cameron, the Kentucky Attorney General, where they demanded action against the officers who killed Taylor earlier this year.Taylor was fatally shot eight times by officers on March 13, as officers were serving a warrant at her home. A suspected drug dealer who police arrested on a separate warrant that same night was the target of the raid.Her killing sparked nationwide protests, in addition to a bill calling for the statewide ban of the controversial no-knock warrants.Officers reportedly used a battering ram to get through the door of her home.Reports say that Stills had a Wednesday morning court appearance on a felony charge of intimidating a participant in the legal process and a misdemeanor charge of disorderly conduct and criminal trespass.He is considered one of the NFL’s outspoken advocates for social equality, inclusion, and mental health.last_img read more

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Group Forms To Protect The Navesink River

first_imgBy John BurtonFAIR HAVEN – Brian Rice wants to work on improving the Navesink River and has support from neighboring communities.Rice and other like-minded individuals have re-established the Navesink River Municipalities Committee, which intends on working on issues related to the river, especially the rising level of bacteria that has been revealed in recent studies.“I think it’s something that we can’t turn our backs on,” Rice said of the river’s current condition.The committee was active in the early 2000s, involving government representatives and citizens from the communities bordering on the river. But by about 2008, “things kind of fell apart at that time,” and the committee really ceased to continue, observed Zachary Lees, ocean and coastal policy attorney for the environmental group, Clean Ocean Action.“I just think it kind of ran out of steam,” as volunteer groups can on occasion, Rice said.Cindy Burnham, a Red Bank Borough Council member, who is one of Red Bank’s designated committee members, said the original committee had a couple of members die, which contributed to the loss of momentum. On top of that, Lees pointed out, 2008 was the release of the state Department of Environmental Protection’s pollution source-tracking study, which at that time indicated an overall improvement to the water’s condition.But since that time, there have been studies from county and state agencies, as required by the federal Food and Drug Administration (FDA), that have shown an increase of bacteria in the river waters, including a rise in fecal contamination. That has caused the DEP to increasingly expand the area where recreational and commercial shelf fishing is prohibited.“There is a bacteria problem in the Navsink,” Lees said, resulting in “hundreds and hundreds of acres” closed to shellfish harvesting.Rice is a fourth generation Fair Haven family, with his parents still living in the family home on the river’s shore where Rice grew up. In addition to operating a financial services firm with his father, Rice is a licensed charter boat captain— “My fun job,” he acknowledged.“So, I have deep roots on the river,” he said, explaining in part his commitment to improve it.The Navesink River plays an important role for not only the area’s environmental health but its recreational and commercial viability. As such, Rice has adopted a motto, he shared: “Keep and maintain the river, leave it better than we found it for the next generation.”The newly-formed committee has had its first meeting, held last month at the Red Bank Municipal Complex, 90 Monmouth St., and will continue to meet the third Wednesday of the month at 7:30 p.m., with the meetings open to the public. At its first meeting in May, committee members selected Rice as its chair.The group has established its mission statement involving monitoring the river’s condition to positively impact its health and wellbeing, Rice explained.So far, Red Bank, Tinton Falls, Fair Haven and Rumson have appointed members and the committee is waiting for Middletown and Colts Neck to sign on, Rice said.Burnham said the committee in its earlier iteration was instrumental “in getting things done,” encouraging the river’s dredging to improve its health, among other steps. She hopes the work will aggressively look at the pollution and its source to correct it, Burnham added.“We’re really happy that they’re back,” Lees offered, believing it’s a good forum for environmental discussions and a means of communicating with local governing bodies. “We can get things done in a cooperative way,” working with the committee and local elected officials, Lees said.Rice said he’s committed to improving the water’s condition and the committee’s work. “I’m going to see it through,” he said.last_img read more

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The Uitvlugt fiasco

first_imgDear Editor,I make reference to a news item of August 15, 2018, titled “Uitvlugt cane shredder runs out of control” describing an incident that occurred at Uitvlugt factory where “about 70 knives or hammers” were sent “flying”.Editor, I trust that the new CEO of the Guyana Sugar Corporation (GuySuCo), will ensure an unbiased and thorough investigation is conducted into this industrial fiasco. An occurrence of this nature cannot be categorised as a normal or freak accident. It is because it occurred on a scheduled and programmed start-up of the factory. Prior to start-up of this kind, this specific piece of equipment had to be inspected, tested, verified and approved for operation. For it to send 70 rectangular pieces of solid carbon steel (knives) weighing approximately 20lbs each, spinning at 600+ revolutions per minute (rpm), into the air is proof of systemic engineering failure caused by deteriorating engineering standards. It must be divine intervention that saved employees lives from high velocity, steel projectiles and shrapnel.While this fiasco has huge financial impact (repair cost, opportunity time, sugar losses, etc), the potential loss of life from this incident was enormous which necessitates an inquiry into areas such as established procedures for turbines going “out of” and “returning to” service, turbine tests, trip-speed tests, on-site verification of turbine and trip-speed tests by qualified engineers, training of employees conducting tasks for tests, preliminary checks to be done before start-up, approvals from technical and managerial staff for turbines and knives going into service after repairs and maintenance, etc.Editor, Uitvlugt has many layers of engineering and supervisory staff to ensure engineering standards are maintained. Added to this, GuySuCo employed a platoon of engineers (approximately five) since 2015 at its head office to provide technical guidance and oversight to factories on engineering standards. This staff increase occurred simultaneously while reducing the number of operating factories from seven to three. With an expanded technical management on top and less operating factories, there is no excuse on shortage of engineering skills to support and guide factories during critical times such as start-ups at beginning of crops and shut-downs at end of crops. Do we have a situation of gross incompetence or dereliction of duties from the head office to the estate? Will GuySuCo place all blame on rank and file workers for this fiasco?Sincerely,Sookram Persaudlast_img read more

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CONCERN OVER UNCERTAINTY OF FUTURE OF DONEGAL’S NOWDOC SERVICE

first_imgThere is fresh concern over the future make-up of Donegal’s out-of-hours GP service NowDoc.Th NowDoc offices in Letterkenny.Deputy Pearse Doherty, has today described as ‘concerning’ the uncertainty surrounding the future shape of the medical service.Deputy Doherty made his comments after it was confirmed today by the HSE that the group ‘Caredoc’, who together with the HSE provide the NOWDoc Service, has indicated that it plans to withdraw from the service’s current arrangement which has been in operation since 2013. “The HSE has confirmed to me this week that following recent discussions between both the HSE and Caredoc concerning service arrangements, in which both the service’s current funding provision and clinical governance model were debated, an agreement between the two parties could not be reached.”“Subsequent to the failure of these discussions to yield an agreement, Caredoc has expressed its desire to withdraw from the partnership – this is quite concerning and casts some doubts over the future shape of the Out-of-Hour service here in the County.”“One of the key issues surrounding these discussions was a request by Caredoc for the HSE to make additional funding available to meet the costs of providing Locum GP cover for the service’s five centres during the ‘Red Eye’ hours.”“However, the HSE North West Area has stated that their current budget does not allow for such an allocation to be made.” He added that the future form which NOWDoc may take is now somewhat uncertain, as questions remain surrounding the survival of the current structure of the ‘Red Eye’ service which traditionally has covered the night time hours between 11pm and 8am.“I am concerned about where this leaves us in relation to night time Out-of-Hour GP care, particularly for people in remote rural areas of the County who should happen to become ill during the night – this could have negative implications for them.”“Of course, GPs are contractually obliged to provide an Out-of-Hours service; the HSE has confirmed in a statement that it has, ‘continued its discussions and engagement with the North West GP representatives to ensure that the Out of Hours GP service continues to be provided to patients in the North West Area, in a safe and efficient manner’ – I of course welcome this announcement by the HSE.”“However, it is crucial that the future shape of the service is neither diminished nor reduced; I would therefore urge the HSE not to allow any dilution of this service irrespective of the present challenges it faces.”“Naturally, the continuation of this service is vital for the people of Donegal who depend on it for medical assistance during out-of-hour periods when they are unwell and at their most vulnerable.” CONCERN OVER UNCERTAINTY OF FUTURE OF DONEGAL’S NOWDOC SERVICE was last modified: February 12th, 2015 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:NowDocParse Dohertylast_img read more

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