6. The Implied Terms of the Personal Employment Contract

2020 ◽  
pp. 168-230
Author(s):  
David Cabrelli

This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.

Author(s):  
David Cabrelli

This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.


Author(s):  
Valerie Tiberius

The approach of this book is to defend a theory of well-being that solves a particular practical problem, namely, the problem of how to help others, particularly our friends, attain greater well-being. This introductory chapter sets out this problem, explains why it is a problem, provides some illustrative examples, and introduces the value fulfillment theory as a solution to the problem. The final section of the chapter compares the value fulfillment theory to other theories in philosophy and psychology (hedonism, life satisfaction theory, desire satisfactionism, eudaimonism, objective list theory). The aim here is not to prove the other theories are wrong, but to make space for the value fulfillment alternative.


Author(s):  
Joan G. Miller ◽  
Malin Källberg-Shroff

Community pertains to the bonds that individuals have with family and friends and is fundamental to the individual’s sense of self and well-being. This chapter provides evidence that concerns with community constitute a type of morality that is qualitatively distinct from the morality of justice and that moralities of community take culturally variable forms. The authors begin by highlighting respects in which, in privileging justice considerations, mainstream models of morality downplay concerns with community. They then present evidence for the existence of moralities of community and for cultural variation in its forms. This is followed by a discussion of work on the developmental emergence of moralities of community and the socialization processes through which moralities of community emerge. In a final section, the authors identify challenges for future research in addressing issues of social justice in family relations and achieving greater cultural sensitivity in policy interventions with children and families.


2017 ◽  
Vol 46 (5) ◽  
pp. 223-233 ◽  
Author(s):  
William F. Tate ◽  
Brittni D. Jones

Ferguson, Missouri, has been characterized as an archetype of structural inequality and segregation. Several questions guide this investigation of Ferguson and its surrounding region. How did policies, practices, and folkways help to create the conditions in Ferguson and the broader metropolitan region? The regional segregation regime’s history provides a background to better understand current conditions. What is the existing state of affairs for young persons and their families in the region? To address this question, social epidemiological methods and geospatial analysis inform the development of a set of visuals to determine if racial segregation, economic opportunity, health and developmental outcomes, and education-related outcomes are spatially arranged. The authors found that these indicators of well-being are spatially arranged and concentrated; thus, they raise another question: How does a politically fragmented region intervene to disrupt concentrated disadvantage? As Ferguson and the region seek social and education reform, the final section offers several recommendations to improve education outcomes through broader economic strategy and social policy.


2017 ◽  
Vol 47 (3) ◽  
pp. 389-409 ◽  
Author(s):  
Mireia Julià ◽  
Christophe Vanroelen ◽  
Kim Bosmans ◽  
Karen Van Aerden ◽  
Joan Benach

This article presents an overview of the recent work on precarious employment and employment quality in relation to workers’ health and well-being. More specifically, the article mainly reviews the work performed in the E.U. 7th Framework project, SOPHIE. First, we present our overarching conceptual framework. Then, we provide a compiled overview of the evidence on the sociodemographic and European cross-country distribution of employment quality and employment precariousness. Subsequently, we provide the current evidence regarding the relations with health and broader worker well-being indicators. A final section summarizes current insights on the pathways relating precarious employment and health and well-being. The article concludes with a plea for further data collection and research into the longitudinal effects of employment precariousness among emerging groups of workers. Based on the evidence compiled in this article, policymakers should be convinced of the harmful health and well-being effects of employment precariousness and (further) labor market flexibilization.


1958 ◽  
Vol 51 (4) ◽  
pp. 191-203
Author(s):  
William H. Brownlee

The Shepherd Chapter of Ezekiel, like the Shepherd Psalm, is one of the most beautiful chapters of the Old Testament. The first ten verses upon first examination appear to be apost eventumjudgment upon the former shepherds of the nation. The glowing promises of 34:11–16 are a counterpart to this indictment. The Lord pledges that he will inaugurate a new order for his sheep whereby he himself will assume the rôle of the good shepherd and perform the functions neglected by Israel's erstwhile earthly rulers. Verses 17–22 are a supplement promising a firm hand against all recalcitrant elements that may appear in the flock itself. In verses 23–24, we return once more to the shepherd theme, but the Lord is no more the Shepherd, but David. Verses 25–31 comprise the final section wherein the Lord binds himself with a covenant to provide for the general well-being (shalom) of his flock.


2019 ◽  
Vol 7 (5) ◽  
pp. 195-200 ◽  
Author(s):  
Ratna Jatnika

Purpose: Jelekong is a village in the suburbs of Bandung. The village is famous for its variety of art, puppet, and painting. This study wants to know how people in Jelekong share their knowledge to improve the social well-being of the community. Methodology: This research is a descriptive study. Sampling technique uses stratified cluster sampling. Collecting data on the 67 community leaders in the village of Jelekong indicates that knowledge sharing instruments are reliable and valid. The reliability coefficient is calculated using Cronbach alpha showed that Cronbach alpha coefficient is 0911. The validity is calculated using confirmatory factor analysis showed that p = 1 and RSMEA = 0. Main Findings: The result shows that knowledge sharing in Jelekong, in general, is quite good, but still have poor ability in aspects of ICT capability and build mutual trust. Therefore, Jelekong society needs to be given training to have the potential of ICTs and build mutual trust in sharing knowledge to improve the social well-being of the community. Implications/Applications: The results of the study can be applied by the authorities in understanding the technological needs of society. In addition, they can develop different training programs and techniques that promote knowledge sharing, so knowledge can be shared easily and quickly to overcome various problems in the society.


Author(s):  
Chanha Lun

 In order to promote the construction of the China-Mongolia-Russia economic corridor, it is necessary to consider the possibility of joining at the institutional level, it is necessary to create institutions that contribute to the common well-being of the peoples of China and Russia and the establishment of mutual trust between the peoples. Soft law is an effective way to improve the level of mutual trust as soon as possible and promote the construction of the China — Mongolia — Russia economic corridor.


Author(s):  
Mark Arnold ◽  
Marcus Haywood

The 2006 Act, s 175, quoted in paragraph 15.09 below, sets out the duty to avoid conflicts of interest. That duty is one of the paradigm manifestations of a director’s fiduciary duty of loyalty to the company. As Lord Upjohn said in Phipps v Boardman: ‘[T]he fundamental rule of equity [is] that a person in a fiduciary capacity must not make a profit out of his trust which is part of the wider rule that a trustee must not place himself in a position where his duty and his interest may conflict.’


Author(s):  
Patrick Colm Hogan

The afterword takes up two unresolved issues. First, just what might motivate individuals to commit themselves to identifying with a group category? Second, do groups gain absolute benefits through identity categories or only relative benefits, perhaps with increased harm in absolute terms? For example, it seems clear that having French national identity is valuable in opposing Nazis; thus, it has relative value. But there would be no Nazis in the first place if there were no categorial identification. Thus, national identity may reduce well-being across the board. The final section of the afterword examines an empirical analysis that purports to show that identity categories are important for the well-being of individuals and societies. The chapter argues that the data are better explained by the hypothesis that economic and democratic empowerment—not identity categorization—are crucial for the well-being of individuals and societies.


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