scholarly journals MONETARY COMPENSATION AS A REMEDY FOR UNFAIR DISMISSAL: A STUDY IN UNITED KINGDOM AND MALAYSIA

2019 ◽  
Vol 27 (2) ◽  
pp. 447-468
Author(s):  
Siti Fazilah ◽  
Ashgar Ali Ali Mohamad ◽  
Zuraini Abdul Hamid
Keyword(s):  
United Kingdom ◽  
Industrial Relations ◽  
The Other ◽  
The United Kingdom ◽  
Retirement Saving ◽  
Monetary Compensation ◽  
Other Hand ◽  
Unfair Dismissal ◽  
Employment Rights ◽  
Court Practice

Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has become the remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial Court Chairman. In light of the above, this article discusses the awarding of monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions.  

scholarly journals “System Conditions”, System Failure, Structural Racism and Anti-Racism in the United Kingdom: Evidence from Education and Beyond

Societies ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 42
Author(s):  
Paul Miller
Keyword(s):  
United Kingdom ◽  
Education Sector ◽  
The Other ◽  
System Failure ◽  
Structural Racism ◽  
The United Kingdom ◽  
Other Hand ◽  
Number Of Factors ◽  
The One

Racism in any society is fuelled by a number of factors, often acting independently of each other, or, at times, in concert with each other. On the one hand, anti-racism efforts rely on the alignment of four “system conditions” to stand a chance of successfully engaging and tackling racism. On the other hand, where these “system conditions” are not present, or where they are not in sync, this leads to “system failure”—a situation where racism is writ large in society and in the institutions therein, and where anti-racism efforts are severely hampered. Drawing on evidence from within the education sector and elsewhere in UK society, this paper examines how a lack of alignment between “system conditions” hampers antiracism efforts, and simultaneously reinforces racism in society and in institutions—leading to gridlock or “system failure” around anti-racism.

scholarly journals The Social Identity Change of Little Bee as the Main Character in Chris Cleave‟s The Other Hand

2019 ◽  
Vol 25 (1) ◽  
Author(s):  
Riska Hendika Rani
Keyword(s):  
United Kingdom ◽  
Social Identity ◽  
Identity Formation ◽  
The Other ◽  
Immigration Detention ◽  
Detention Center ◽  
The United Kingdom ◽  
Other Hand ◽  
Three Stages ◽  
British People

Chris Cleave‟s novel entitled The Other Hand pictures an African refugee‟s life in the United Kingdom and her struggle to survive in the country. As an illegal refugee from Africa who smuggles herself into a tea ship, Little Bee, the refugee, has to stay in the immigration detention center when she arrives in the United Kingdom. She deals with identity issues during her two-year-stay in the immigration detention center. The questions such as „why don‟t British people treat her in a good way‟ and „why do British people get respect and she does not‟ make her want to be treated like a British, which she assumes, being treated nicely in the United Kingdom. Under the paradigm of social identity theory which contains the three stages of identity formation proposed by Henri Tajfel and John Turner, this study attempts to explain Little Bee‟s process of identity formation. Focusing on Little Bee‟s struggle in the United Kingdom as an illegal refugee from Africa, this study analyzes the three stages of identity formation that Little Bee has been through during her social identity transformation, as well as the factors influencing her and her struggle during the process.

scholarly journals Debts Relief Order and Administration Order for Debtors in the United Kingdom

2018 ◽  
Vol 2 (3) ◽  
pp. 35-43
Author(s):  
Ruzita Azmi ◽  
Adilah Abd Razak ◽  
Siti Nur Samawati Ahmad
Keyword(s):  
United Kingdom ◽  
Secondary Data ◽  
Common Type ◽  
The Other ◽  
Judicial Decisions ◽  
The United Kingdom ◽  
Other Hand ◽  
The Uk

Debtor’s pre-rehabilitation is a measure given to a debtor in order to avoid bankruptcy once he failed to fulfil his financial commitment with his creditors. The pre-rehabilitation schemes can be obtained through court or out of court’s settlement. The most common type of pre-rehabilitation that court based in the United Kingdom (UK) is Individual Voluntary Arrangement (IVA), which usually applicable to debtors with a large number of debts. Meanwhile, for a debtor with a smaller amount of debts, and disqualified from IVA, may resort to Debts Relief Order (DRO) and Administration Order (AO). On the other hand, Malaysian debtors may only resort to Voluntary Arrangement (VA) modelled after the IVA practised in the UK to avoid bankruptcy. Considering the importance to give more options for pre- rehabilitation schemes for Malaysian debtors, this paper examines the provisions on DRO and AO in the UK. The authors collected primary and secondary data from judicial decisions, textbooks, reports and articles from both law and non-law journals. This paper concludes by showing that if Malaysia emulates the UK and introduces DRO and AO, debtors in Malaysia will have two more bankruptcy pre-rehabilitation to complement the VA.

scholarly journals A comparative analysis of strengths and weaknesses of corporate governance practices between two jurisdictions; UK and South Africa

2021 ◽  
Author(s):  
King Costa ◽  
Thelela Ngcetane-Vika
Keyword(s):  
South Africa ◽  
Corporate Governance ◽  
United Kingdom ◽  
Best Practice ◽  
Stock Exchange ◽  
The Other ◽  
The United Kingdom ◽  
Other Hand ◽  
Business Entities ◽  
The Uk

This paper is an exploration of theoretical aspects underpinning the practice of Corporate Governance (CG) in the United Kingdom and South Africa. Because of several corporate scandals and failures in the twenty and twenty first siècles, Corporate Governance has been a significant and crucial subject and field of study in business schools in recent years. Leadership and Management of business entities and alignment to prescripts that are statutory formulated for prevention of corporate decline and enhancement of sound business principles continue to be highly contentious issues. A theoretical and exploratory narrative synthesis was conducted to unearth the strengths and weaknesses of contextual explication, practice and legal application of Corporate Governance in both the United Kingdom and South Africa. In terms of the UK, the study found out that the CG is designed and benchmarked on international best practice, seamlessly fitting within all the Codes on Key Aspects of Corporate Governance. Secondly, another major element of strengths determination were found to be inherent in the practice of voluntary compliance. However, the greatest criticisms of Corporate Governance theories in the UK was the fact that their focus is largely on public corporations, especially those listed in London stock exchange and thus, leave behind small and medium enterprises. The cultural diversity is also found to be a cause for concern in terms of practice and legal application. On the other hand, in South Africa, the study found out that consideration for diversity is one of the greatest strengths in CG practice and legal application, which is likely to contribute effectively to good and sound decision-making, reflective of all people. Weaknesses continue to be the delay in realisation of board equity in terms of gender while on the other hand, corruption and lack of adherence to retributive prescripts remain problematic.

scholarly journals The history of diplomatic relations between Romania and Norway during the interwar period

2011 ◽  
Vol 3 (2) ◽  
pp. 299-328
Author(s):  
Ana-Maria Despa
Keyword(s):  
United Kingdom ◽  
Interwar Period ◽  
The Other ◽  
Theoretical Interpretation ◽  
Diplomatic Relations ◽  
Historical Evidence ◽  
The United Kingdom ◽  
Other Hand ◽  
History Of

This article aims at reconstructing based on diplomatic archives’ records the history of diplomatic and consular relations between the two countries during the interwar period. The diplomatic bonds between the two countries date back already before Norway had obtained its sovereignty by dissolving the United Kingdom of Sweden and Norway in 1905. Eventually, Romania recognized the Norwegian independence and conducted diplomatic relations with Norway through its legation in Berlin. The first official legation in Norway was established in 1917 by Grigore Bilciurescu’s appointment as chargé d’affaires in Christiania (Oslo). On the other hand, the first Norwegian diplomat who resided in Bucharest was Terje Knudtzon in 1935. During most of the interwar period the diplomatic relations between the two countries were conducted through envoys residing in other European capitals. The article fits into the category of historical evidence works and since it has adopted a chronological approach, it does not raise, more than is necessary, the prospect of a theoretical interpretation of these relations.

The Conservative Party and a changing electorate

2016 ◽  
Author(s):  
Matthew Burbank ◽  
John Francis
Keyword(s):  
United Kingdom ◽  
Ethnic Minority ◽  
Electoral Politics ◽  
Conservative Party ◽  
The Other ◽  
Minor Parties ◽  
The United Kingdom ◽  
Other Hand ◽  
Managerial Competence

The Conservative modernisation effort over the period of Cameron’s leadership needs to be placed against the backdrop of important changes in British electoral politics. These changes include voter dealignment, a growing dissatisfaction with the major parties as too similar to each other, voter volatility and a willingness to support minor parties. If the Cameron-led modernisation programme’s electoral goal was to broaden the Party’s appeal, to reach out to ethnic minority voters, younger voters, women, and voters throughout the United Kingdom then the record of accomplishment is modest. If, on the other hand, the modernisation project is understood as restoring the Party’s reputation as the party of managerial competence then it may have worked. Cameron’s modernisation approach from an electoral perspective may be best understood as pragmatic inclusiveness. In an era of when many voters are discontented but for different reasons this approach to modernisation may have helped return the Conservatives to power.

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

scholarly journals The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 47
Author(s):  
Sandrine Brachotte
Keyword(s):  
United Kingdom ◽  
Cultural Studies ◽  
Cultural Diversity ◽  
Supreme Court ◽  
Legal Pluralism ◽  
The Other ◽  
The United Kingdom ◽  
Arbitration Clause ◽  
The Supreme Court ◽  
Employment Equality

This article studies religious arbitration from the perspective of global legal pluralism, which embraces both normative plurality and cultural diversity. In this context, the article considers that UK arbitration law regulates both commercial and religious arbitration while relying on a monist conception of arbitration. It further identifies two intertwined issues regarding cultural diversity, which find their source in this monist conception. Firstly, through the study of Jivraj v. Hashwani ([2011] UKSC 40), this article shows that the governance of religious arbitration may generate a conflict between arbitration law and equality law, the avoidance of which can require sacrificing the objectives of one or the other branch of law. The Jivraj case concerned an Ismaili arbitration clause, requiring that all arbitrators be Ismaili—a clause valid under arbitration law but potentially not under employment-equality law. To avoid such conflict, the Supreme Court reduced the scope of employment-equality law, thereby excluding self-employed persons. Secondly, based on cultural studies of law, this article shows that the conception of arbitration underlying UK arbitration law is ill-suited to make sense of Ismaili arbitration. In view of these two issues, this article argues that UK arbitration law acknowledges normative multiplicity but fails to embrace the cultural diversity entangled therewith.

scholarly journals Ireland, Wales, and Scotland

2017 ◽  
Author(s):  
Stewart J. Brown
Keyword(s):  
United Kingdom ◽  
Significant Influence ◽  
Church Of England ◽  
The Other ◽  
Late Nineteenth Century ◽  
Oxford Movement ◽  
Church Of Scotland ◽  
Presbyterian Church ◽  
The United Kingdom ◽  
Late Nineteenth

In this chapter the author demonstrates that while the Oxford Movement was an English development, it also exercised a significant influence upon the other nations within the United Kingdom. In Ireland and Wales, where the established United Church of England and Ireland held the allegiance of only a minority of the population, small but influential groups of High Churchmen embraced Tractarian principles as a form of Church defence. In Scotland, Tractarian principles contributed to the modest revival of the small Scottish Episcopal Church, and also had unexpected consequences in promoting a Scoto-Catholic movement within the late nineteenth-century established Presbyterian Church of Scotland.

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