scholarly journals Bumped Redundancy and the Range of Reasonable Responses: To what Extent, if any, should Employers Consider Bumping? Life after Mirab v Mentor Graphics Limited UKEAT/0172/17DA

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Charanjit Singh
Keyword(s):  
At Risk ◽  
Legal Issues ◽  
Unfair Dismissal ◽  
Resultant Effect ◽  
Do So

Abstract Employers often face a plethora of issues in redundancy situations. Likewise, employees often fear or are overwhelmed by the prospect that they may be chosen for redundancy. Whilst these issues have been widely written about there is little discussion of “bumping.” When the issue appears in the employment tribunal, in cases such as Mirab v Mentor Graphics Limited, it is too late and the employer faces a successful unfair dismissal claim against it. Bumping occurs where an employer makes redundant a junior employee: one whose role has not identified as being at risk of redundancy. The result is that the more senior employee, one whose role was been identified as being at risk of redundancy, is placed into the junior role and therefore becomes subject to terms and conditions that are often less beneficial for example the junior role will inevitably come with a reduction in salary and/or perks. This article explores the legal issues that surround the instances in which an employer should consider “bumping,” its relationship with the band of reasonable responses and the resultant effect, if any, of failing to do so.

(Re)Fashioning Masculinity: Social Identity and Context in Men’s Hybrid Masculinities through Dress

2018 ◽  
Vol 32 (5) ◽  
pp. 638-662 ◽  
Author(s):  
Ben Barry
Keyword(s):  
At Risk ◽  
Social Identity ◽  
Hegemonic Masculinity ◽  
Social Contexts ◽  
Social Identities ◽  
Western Society ◽  
Gender Identities ◽  
Everyday Lives ◽  
Do So

Modern Western society has framed fashion in opposition to hegemonic masculinity. However, fashion functions as a principal means by which men’s visible gender identities are established as not only different from women but also from other men. This article draws on the concept of hybrid masculinities and on wardrobe interviews with Canadian men across social identities to explore how men enact masculinities through dress. I illustrate three ways men do hybrid masculinities by selecting, styling, and wearing clothing in their everyday lives. The differences between these three hybrid masculine configurations of practice are based on the extent to which men’s personal and professional social identities were associated with hegemonic masculine ideals as well as the extent to which those ideals shaped the settings in which they were situated. Although participants had different constellations of gender privilege, they all used dress to reinforce hegemonic masculinity, gain social advantages, and subsequently preserve the gender order. Failing to do so could put them personally and professionally at risk. My research nuances the hybrid masculinities framework by demonstrating how its enactment is shaped by the intersection between men’s social identities and social contexts.

Treaty or Travesty?: Legal Issues Surrounding the U.S.- Philippines Military Base Agreement of 1947–1992

2001 ◽  
Vol 10 (1-2) ◽  
pp. 93-121
Author(s):  
L. Eve Armentrout Ma
Keyword(s):  
United States ◽  
World War Ii ◽  
The United States ◽  
Legal Issues ◽  
Military Bases ◽  
Common Elements ◽  
World War ◽  
Long Period ◽  
Host Nation ◽  
Do So

AbstractSince the end of World War II, the United States has been foremost in negotiating military bases on foreign soil, and it can be anticipated that it will do so again in the future. In general, these base agreements have had many common elements. Most have allowed the stationing of American troops on foreign soil for a very long period of time, and have involved a certain measure of extraterritoriality. Most have been concluded under conditions of stress for the host country. Often, for example, the host nation has been one that was devastated by war, and was either the recently defeated enemy or the near-prostrate victor. In many cases the host nation was relatively small, economically shaky, and newly independent, fearful of its chances of survival in an unpredictable and often hostile world; and more often than not, the former ruler or territorial administrator was the United States.

scholarly journals The trainee in difficulty

CJEM ◽  
2001 ◽  
Vol 3 (03) ◽  
pp. 205-208 ◽  
Author(s):  
Robert McGraw ◽  
Sarita Verma
Keyword(s):  
At Risk ◽  
Systematic Approach ◽  
Clinical Performance ◽  
Program Director ◽  
Legal Issues ◽  
The Common ◽  
Medical Educators

ABSTRACT The trainee in difficulty is someone who is either marginal or at risk of failing in his or her clinical performance. Dealing effectively with these learners can pose problems even for seasoned medical educators. This article discusses some of the common mistakes made by educators in dealing with the trainee in difficulty and offers suggestions for a systematic approach. Further, the roles of faculty, including the program director and associate dean’s office, and some of the legal issues are described.

scholarly journals First-Trimester Placental Growth Factor in Screening for Gestational Diabetes

2015 ◽  
Vol 39 (4) ◽  
pp. 287-291 ◽  
Author(s):  
Beatrice Mosimann ◽  
Sophia Amylidi ◽  
Lorenz Risch ◽  
Ute Wiedemann ◽  
Daniel Surbek ◽  
...  
Keyword(s):  
At Risk ◽  
Growth Factor ◽  
Gestational Diabetes ◽  
Glycosylated Hemoglobin ◽  
First Trimester ◽  
Placental Growth Factor ◽  
Serum Concentrations ◽  
Fetal Medicine ◽  
Hba1c Levels ◽  
Do So

Objective: The aim of this study was first to assess whether first-trimester serum concentrations of placental growth factor (PlGF) differ between patients with and without gestational diabetes (GDM) and second to test whether there is a correlation between glycosylated hemoglobin (HbA1c), a factor recently shown to be useful in predicting GDM, and PlGF. Methods: PlGF was measured at 8-14 weeks with the Kryptor Immunoassay Analyzer (Brahms, Berlin, Germany). Absolute values were converted to multiples of the median using the software provided by the Fetal Medicine Foundation London. GDM was diagnosed using internationally accepted criteria. HbA1c levels were quantified using the TOSOH G7 automated hemoglobin analyzer. Results: From January to December 2014, 328 women were included in the study, 51 (15.5%) of whom developed GDM. First-trimester PlGF quantification does not discriminate between women at risk to develop GDM and controls, while HbA1c is able to do so. No correlation was found between PlGF and HbA1c. Conclusion: Our findings do not lend support to the hypothesis that early PlGF values are different in women who later develop GDM.

The European Union’s New Generation of International Investment Agreements and Its Implications for the Protection of Intellectual Property Rights

2017 ◽  
pp. 271-305
Author(s):  
Siegfried Fina ◽  
Gabriel M. Lentner
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Legal Issues ◽  
The European Union ◽  
International Investment Agreements ◽  
New Generation ◽  
Investment Agreements ◽  
Do So

This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in enforcing IPRs through IIAs. The article will do so by examining in detail the criteria international tribunals have required in order to consider IPRs covered investments, and then analyzing the key protection standards considering the interaction between investment treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Because negotiators have reacted to the legal issues raised in this context with new and innovative treaty language, this article will further examine these issues based on the EU’s IIAs. Their drafting practice should be taken as an indication that existing IIAs should be interpreted rather narrowly in respect of the protection of IPRs.

scholarly journals Contract Interpretation Law in Australia: It Is a Maze, Not a Straight Way

IUSTA ◽  
2015 ◽  
Vol 2 (41) ◽  
Author(s):  
David Echeverry Botero
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Research Paper ◽  
Legal Issues ◽  
Law System ◽  
Judicial Decisions ◽  
Australian Case ◽  
Common Law System ◽  
Do So

In Australian common law system, there are discrepancies between the judicial decisions regarding the interpretation of contracts. In this research paper, I intend to clarify legal issues that cause these differences. In addition, I discuss the implications of adopting more specific rules in Australia. To do so, I compare the Australian case to other countries with civil law systems that have established similar norms. Then, I advocate for developing and adopting a law that is in accordance with current<br />international principles.

scholarly journals Recognizing Florida's Venomous Snakes

EDIS ◽  
2019 ◽  
Vol 2006 (2) ◽  
Author(s):  
Steve A. Johnson ◽  
Martin B. Main
Keyword(s):  
At Risk ◽  
Publication Date ◽  
Original Publication ◽  
Coral Snake ◽  
Wildlife Ecology ◽  
Timber Rattlesnake ◽  
Venomous Snakes ◽  
Do So

Florida is home to 45 species of native snakes, six of which are venomous (poisonous). The venomous species include five pit vipers (Eastern Diamond-backed Rattlesnake, Timber Rattlesnake, Pygmy Rattlesnake, Copperhead, and Cottonmouth) and the Coral Snake. Although each of the six venomous species in Florida have unique characteristics that allow them to be readily identified by experts, there are many non-venomous species with which the venomous species may be confused. Therefore it is best not to attempt to capture, harass, or harm any snake. To do so may put you at risk of being bitten by a venomous species. This document is WEC 202, one of a 4-part series of the Department of Wildlife Ecology and Conservation entitled Dealing with Venomous Snakes in Florida School Yards, UF/IFAS Extension. Original publication date September 2005.  WEC 202/UW229: Recognizing Florida's Venomous Snakes (ufl.edu)

scholarly journals Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process

2018 ◽  
Vol 2 (2) ◽  
pp. 126-140
Author(s):  
Himawan Sutanto ◽  
Hanif Nur Widhiyanti ◽  
Istislam Istislam
Keyword(s):  
At Risk ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Binding Process ◽  
Research Journal ◽  
Legal Relationship ◽  
The Status

This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.   

The True Cost of Bottled Water

2009 ◽  
Vol 15 (4) ◽  
pp. 233
Author(s):  
Ian Kiernan AO
Keyword(s):  
At Risk ◽  
Tap Water ◽  
Bottled Water ◽  
True Cost ◽  
Do So

Our addiction to bottled water is costing us dearly ? both economically and environmentally. Millions worldwide do not have the luxury of quality tap water, but many of us do, so why do we continue to put ourselves out of pocket and our environment at risk?

scholarly journals CONSUMERS HEALTH AND SAFETY ON THE INTERNET BASED MEDICAL CONSULTATION

2014 ◽  
Vol 26 (1) ◽  
pp. 170
Author(s):  
Norma Sari
Keyword(s):  
At Risk ◽  
Dispute Settlement ◽  
Health And Safety ◽  
Legal Issues ◽  
Medical Consultation ◽  
Medical Services ◽  
The Internet ◽  
Consumer Health ◽  
Consumer Rights

The rise of the internet-based medical consultation has opened not only opportunities for consumers easily obtaining medical services but also put them at risk for mistreatment, misunderstanding or taking a wrong medication to be anticipated. This research concerns on how the internet-based medical consultation affects to the health and safety of the consumers. There are several identified legal issues have to be paid attention as follow: (i) the benefit and shortcoming of using internet-based medical consultation, (ii) inter-related and overlapped interest of the parties, (iii) consumer health and safety, (iv) consumer rights, and (v) dispute settlement. Pertumbuhan konsultasi pengobatan berbasis internet telah membuka peluang tidak hanya bagi konsumen. Kemudahan mendapatkan pelayanan medis tetapi juga menempatkan mereka pada risiko kesalahan perawatan, kesalahpahaman atau kesalahan dalam pemberian obat sehingga hal ini harus diantisipasi. Penelitian ini menjelaskan mengenai konsultasi pengobatan berbasis internet yang mempengaruhi kesehatan dan keselamatan konsumen. Ada beberapa masalah hukum yang harus diperhatikan dan diidentifikasi menjadi sebagai berikut, yakni: (i) manfaat dan kelemahan menggunakan konsultasi pengobatan berbasis internet, (ii) hubungan dan tumpang tindih kepentingan para pihak, (iii) kesehatan dan keselamatan konsumen, (iv) hak-hak konsumen, dan (v) penyelesaian sengketa.

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