scholarly journals Labour Flexibility and the Legal Requirements for Redundancy Dismissals

Author(s):  
Gordon Anderson ◽  
Cary Davis

New-right economists and many employers argue that an efficient labour market requires that an employer should face few constraints on the right to dismiss workers as such constraints limit the employer's flexibility to adapt to changes in the marketplace and may inhibit the employer in hiring new labour. Others argue that an employee is entitled to be treated fairly whenever their security of employment is in jeopardy. The latter perspective is the one that has received legal endorsement by both the Employment Court and the Court of Appeal. This paper will examine the way in which the Courts have applied this principle in situations where a worker has been dismissed because of redundancy. It will discuss legal developments in the area and comment on the extent to which the legal requirements may inhibit an employer's decision making relating to reductions in its labour force.

2012 ◽  
Vol 4 (1) ◽  
pp. 96-97 ◽  
Author(s):  
Fritz Breithaupt

This article examines the relation of empathy and rational judgment. When people observe a conflict most are quick to side with one of the parties. Once a side has been taken, empathy with that party further solidifies this choice. Hence, it will be suggested that empathy is not neutral to judgment and rational decision-making. This does not mean, however, that the one who empathizes will necessarily have made the best choice.


Ethnicities ◽  
2020 ◽  
pp. 146879682091341 ◽  
Author(s):  
Tiina Sotkasiira ◽  
Anna Gawlewicz

The European Union membership referendum (i.e. the Brexit referendum) in the United Kingdom in 2016 triggered a process of introspection among non-British European Union citizens with respect to their right to remain in the United Kingdom, including their right to entry, permanent residence, and access to work and social welfare. Drawing on interview data collected from 42 European Union nationals, namely Finnish and Polish migrants living in Scotland, we explore how European Union migrants’ decision-making and strategies for extending their stay in the United Kingdom, or returning to their country of origin, are shaped by and, in turn, shape their belonging and ties to their current place of residence and across state borders. In particular, we draw on the concept of embedding, which is used in migration studies to explain migration trajectories and decision-making. Our key argument is that more attention needs to be paid to the socio-political context within which migrants negotiate their embedding. To this end, we employ the term ‘politics of embedding’ to highlight the ways in which the embedding of non-British European Union citizens has been politicized and hierarchically structured in the United Kingdom after the Brexit referendum. By illustrating how the context of Brexit has changed how people evaluate their social and other attachments, and how their embedding is differentiated into ‘ties that bind’ and ‘ties that count’, we contribute to the emerging work on migration and Brexit, and specifically to the debate on how the politicization of migration shapes the sense of security on the one hand, and belonging, on the other.


2020 ◽  
Vol 2 (2) ◽  
pp. 121-127
Author(s):  
Muh. Said ◽  
Fatmawati Fatmawati ◽  
Lukman Hakim

Changes in the environment experienced by organizations require organizations to make adjustments to answer all future challenges. The strength that must be possessed by the organization is to realize the concrete concept that becomes a tool to make changes. One of them is knowledge management, because knowledge management is an organizational activity that manages knowledge as an asset, wherein various strategies there is the right distribution of knowledge to the right people in a fast time until they interact with each other from various knowledge and apply it in daily work for performance improvement. Knowledge Management integration in the decision-making process can be interpreted as a structured and systematic process in acquiring, distributing, and utilizing knowledge to support the decision-making process. The position of knowledge management in decision making is between two poles of knowledge, namely tacit knowledge on the one hand and the utilization of explicit knowledge in decision making on the other. Explicit knowledge emphasizes the implicit role of knowledge management in influencing actors involved in decision making. Research design using quantitative methods. The instruments used in this study were questionnaires. The results showed that the implementation of Knowledge management has a positive effect on decision making in the Regional Development Agency of Takalar regency.


2019 ◽  
Vol 39 (4) ◽  
pp. 1809-1820
Author(s):  
Marina Brollo ◽  
Caterina Mazzanti

Globalisation and technological changes have a dramatic impact on the labour market. For this reason, skills need to be strengthened and protected and workers have to respond to these great transformations by improving their professionalization. Focusing the attention on the Jobs Act, this paper offers an overview of the change that Italy may undertake, analysing the most innovative aspects of the new reform and paying particular attention to the protection of skills within the employment contract and the labour market. In this regard, the research highlights how the Jobs Act has strengthened the protection of skills. On the one hand, it specifies that in case of ‘changes in job tasks’ the employer shall provide training activities in order to develop the employee’s skills (art. 2103 Civil Code). On the other hand, from the perspective of the labour market, it provides efficient active labour market policies in order to tackle the lack of skills protection. These are all considerable positive steps: the Jobs Act Reform represents a move in the right direction and the first important step towards the development of an enhanced skill system.


2021 ◽  
Vol In Press (In Press) ◽  
Author(s):  
Soodabeh Rezvani ◽  
Mohsen Fadavi ◽  
Shabnam Bazmi

Background: Obtaining informed consent for diagnostic and therapeutic procedures is of great moral and legal importance, which is more important in the field of pediatrics due to its specific issues. Objectives: Obtaining informed consent in the pediatric field is specific because of many factors, including the age of the patients and the necessity of obtaining consent from parents or legal guardians. This study aimed to evaluate the process of obtaining informed consent from the viewpoint of substitute decision-makers (parents or guardians) and physicians. Attention to the differences between the views of these two groups by establishing appropriate and correct communication skills between them can lead to greater satisfaction and increased effectiveness of treatments. Methods: In this descriptive study, the data were collected through questionnaires completed by 188 parents and 23 physicians. Finally, the statistical analysis was conducted using the one-sample t test method in SPSS 16. Results: In 96.3% of the cases, parents believed that where the patient, their relatives, and the medical team disagreed about the kind of treatment, the final decision was made by the medical team. One-third of them did not receive enough information or received no information at all. Informing parents about other possible treatments, complications of the procedures, considering the patients and their relatives’ opinions for the final decision, informing the child about his/her disease and treatment plans, and informing the parents about the possible outcomes were not in the favorable range. Physicians believed that decision about the treatment was made based on the opinion of the parents and the clinical committee, and only in 3.4% of the cases, their opinion was the basis for decision-making. Conclusions: The results showed that there was a gap between the parents and physicians’ opinions about informed consent, as the physicians believed that they act as the patients’ parents wish and the parents believed that their opinion played no important role in the final decision regarding the health of their children. Thus, it seems necessary to institutionalize the culture of participatory decision-making by physicians and parents in decisions related to the diagnosis and treatment of children, and more emphasis should be placed on establishing the right relationship between treatment staff and patients and their relatives.


Author(s):  
Ann Dupuis ◽  
Nick Taylor

Demographic projections for New Zealand indicate there will be major labour shortages in the future which will not be met through either natural increase in population or immigration. It is therefore necessary that for New Zealand to retain and or improve its current economic position, the labour force we di have is employed in ways that optimize outcomes for individuals, families/whanau and communities on the one hand, and businesses, enterprises and institutions on the other. At present, there is inadequate information about the labour market and employment due, in part, to the way many employment-related measures are defined. Additionally the importance given to two specific measures – official unemployment and labour force participation – as indicators of a buoyant labour market, provide an incomplete picture of the complex and increasingly diverse patterns of employment in New Zealand. While most measures used in New Zealand mirror those used internationally and thus allow for large-scale international comparisons, much more could be done to understand shortfalls in employment. This paper provide a preliminary conceptualization of sub-optimal employment, which emphasis the complexity of the issue under examination by suggesting the extent to which some of employment statuses could be considered sub-optimal.


2016 ◽  
Vol 10 (5) ◽  
pp. 21
Author(s):  
Amir Abachi

As organizations are going to develop, the need for efficient manpower becomes more apparent. Obviously, productivity of the manpower requires the attention of managers to the complexity of human behavior and appropriate utilization of the principles, techniques and skills of the management. This study aims to prioritize the effective factors on productivity of human resources in the Agriculture Bank. Productivity is beyond the performance, it also contains the effectiveness concept, and in other words, productivity is not just doing the right things. An activity may be done correctly and in the best way, while it has no role in achieving the goal. In this case, the performance is available but there is no productivity. Difference between the performance and is rooted in the effectiveness or in the direction of doing a work. The current paper is a descriptive survey. Statistical population includes all experts in the Research and Strategic Planning center of the Agricultural Bank (33 persons). The data obtained from the questionnaire were analyzed using descriptive statistics in the form of frequency table. Questions were examined based on the one-group- t-test and using SPSS.  Effective factors on increasing the human resources productivity were prioritized using Multi- Attribute Decision Making (MADM). After comparison of the alternatives, the related tables were prepared and prioritizing or ranking were done by determining the weight of each factor indexes and finally determining the weight of the four main factors. TOPSIS was used to evaluate the results of the MADM. Our research aims to prioritize the four factors according to the MADM.


Ekonomika ◽  
2009 ◽  
Vol 85 ◽  
pp. 45-56
Author(s):  
Andrzej Adamczyk

The object of the article is to assess the influence of economic and political institutions on the situation of the labour market in Central and Eastern European countries. In the initial phase of transformation, the debate in these countries focused on economic stabilization. In recent years, the focus shifted towards institutional solutions of economic processes, including the situation of the labour market.The emphasis is put on the particularities of the countries undergoing transformation, in which profound changes in economic and political institutions are taking place due to the implementation of economic reforms, on the one hand, and the democratization process, on the other hand. Undoubtedly, the process of institutional change was occurring at varying pace in Central and Eastern European Countries as a result of various problems of respective labour markets.The analysis, based upon the data from 1995 to 2006, shows that the institutional structure has a great impact on the labour market. The existence of efficient and well-managed institutions help to reduce distortions in the allocation of the labour force as well as creating demand for labour.


2014 ◽  
Vol 58 (1) ◽  
Author(s):  
Philipp Deschermeier

Labour force projection for the Rhine-Neckar Metropolitan Area. Demographic change and the expected higher skills shortages both induce a growing need for regional labour market forecasts as quantitative decision-making bases for regional planning. This paper uses a two-stage model for projecting the labour force by single years of age and sex that is applied to the case of the Rhine-Neckar Metropolitan Area until 2030.


2018 ◽  
pp. 23-48
Author(s):  
Barry Hoffmaster ◽  
Cliff Hooker

A second kind of formal rationality, complementary to the maximizing expected utility in Chapter 1, is logical inference. In much of moral philosophy and in standard bioethics decision making is applied ethics. Moral theories are taken to be comprised of principles that are applied to the facts of cases to deduce conclusions about what ought to be done. The canonical depiction of bioethics, for instance, consists of the four principles of non-maleficence, beneficence, autonomy, and justice. The real examples in this chapter expose the many failings of that applied ethics. Most of the cases are about when to die and how to die, but the term ‘euthanasia’ is indeterminate. The crucial notion of ‘autonomy’ also is indeterminate. Both need to be clarified and specified. But how is this to be done? Similarly, when principles and rules conflict, as they often do, how is the one that prevails to be determined? There are no higher principles or rules that can be applied to get the right answer in any of these cases. More broadly, what makes a problem a moral problem, and what does being a moral problem mean? These issues require non-formal rational deliberation, not the formal rationality of deduction.


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