...ARGUMENTATION The applicant claims that there has been a violation of article 6 of the ECHR, namely, violation of his right to a fair trial. This right has been denied by the refusal of the Court of allowing the cross examination of the anonymous witness regarding the day, when he/she witnessed Mr. Karam transporting weapons to the house on Portobellostraat nr. 40. The applicant would like to highlight the fact he could not establish and confirm his alibi since he was not able to question the witness or at least be informed of the day when the alleged crime happened. During the proceedings of the Court of Appeal of Amsterdam, when the Investigative Judge was interrogated regarding the day when the alleged crime happened, he stated “At the beginning of the interrogation session the witness did not know exactly when the delivery had taken place. Later that day he/she was able to indicate that it had been during the period from 1 July until 7 July 2009. On one single day the interrogations took place first in the case of the co-accused Hendriks and then in the case of the present accused. I cannot now remember exactly all the differences in nuance between the two interrogations. Later that day the witness remembered a number of things more distinctly. Things happened the way I described them in the official record. I have tried to take everything down with as much precision as possible”. The applicant would like to state the fact that from the Investigative...
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...advice, family mediation and representation in a court or tribunal. Legal aid are limited, which mean that people who earns a certain amount of money, would not be eligible to have a legal aid. Legal has been reduced by 15 pound comparing to the previous hourly pay of 44 pound. The government is cutting off pay rates of 8.75%. Law firm or law centre Law centres defend the legal rights of people who cannot afford a lawyer. They are specialists working in their local communities to uphold justice and advance equality. Procedure within a law company? The procedure are first of all they would speak to you to see if/how they can help. Then they would tell you about the costs. They would also be able to tell you if legal aid is available. Can I get help with my employment tribunal case? Thinking about making a claim to an employment tribunal can be scary. Many people find it helpful to get some advice before they take action. There are lots of organisations that might be able to offer you advice, or help with your case. You can find more information and contact details on this page. You might also want to find someone to help you prepare your case or represent you if there is a hearing. However, when you make a claim to an employment tribunal, you can't automatically get help or representation...
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...Employment Law Assignment LEWIS JAFFA 3000 words Employment law is a necessity to promote greater flexibility in the labour market alongside a commitment to social justice and cohesion. Employment law is also required for support social security policies such as the minimum wage and encouraging single parents into work. There is also a social commitment by employment law to ensure good, minimum standards of protection for employees. Employment law is essential to protect employees from unjust or unfair behaviour by employers, especially those who could be under-represented if there were no laws, such as the poorest and the disabled. Two examples of this are the Disability Discrimination Act of 1995, which applies to all organisations who employ more than 20 staff. They’re required to accommodate the needs of the disables and establish a right of access for the disabled, and to stop them being treated less favourably than they would if they were not disabled. A second example is the National Minimum Wage Act of 1998. This resulted from a directive from the EU, and has increased each year in line with the rise in the cost of living. There is a need to strike a balance between protecting the employee and the employer. Employers and employees have a responsibility to each other, which is why the Health and Safety at Work Act (1974) exists. Employees are expected to follow the act, while employers are expected to abide by a range of requirements governing such aspects as...
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...Q1 – Understand the purpose of employment regulation and the way it is enforced in practice. Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3) 1.1 – Explain the aims and objectives of employment regulation Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in response to the outbreak of the plague in England. However, it wasn’t until the early 19th century that we begin to see the first significant change in employment law, the speed of change and innovation gave ever increasing legal protection to workers. Laws are critical in every society and country, they are created to ensure fairness and justice. In the instance of employment law they aim to protect both employers and employees, promoting ethical standards and protecting human rights. This of course can be said for the purpose of all legislation. There are four main sources of English Law, they are Statute (acts of parliament), Regulations (statutory), Common Law and Codes of Practice (e.g Acas). Statute law is led by government and is made...
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...Victorian Civil and Administrative Tribunal and the court are both independent dispute settling bodies presided over by a legally trained experts in the law. Tribunals provide a cheaper and less formal method of dispute resolution for civil disputes, whereas process used in courts are formal and hearings follow strict rules of evidence and procedure. The operation of courts in dispute resolution means that courts can adjudicate on a range of disputes and cases, whether criminal or civil, minor or major. The courts have a doctrine of precedent that applies in the court, which brings a sense of predictability, certainty and consistency to the way in which disputes are resolved. The use of legal representation ensures both parties are on equal footing, as they both have expert representation who understand the legal system as their advocates in court. The court treats both parties fairly and equally by enforcing the strict rules of evidence and procedures in the courtroom. Courts that resolve civil disputes gives parties opportunities to appeal to higher courts if they can establish ground of appeal if they are dissatisfied with the decision made for their case. The Victorian Civil and Administrative Tribunal system has a low cost of resolving disputes unlike the courts. VCAT is a faster dispute resolution method as parties avoid the delays associated with going to court. VCAT operates within its own specialised jurisdiction. Resulting in the tribunal personal developing expertise...
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...EMPLOYMENT ESSAY Legislation to protect and encourage "whistleblowing" in relation to work issues has proved inadequate.' Discuss. Whistleblowing by definition is when an employee provides information of illegal activity or any other wrong doing to their employer or supervisor. The concern raised by the employee may be about a fellow employee, a third party outside of the workplace or even the employer and the employee does not necessarily have to be directly affected by the illegal activity to have the right to disclose it. The general consensus is that an employee who makes a “protected disclosure” that is in the public interest should be protected by law from any unfair treatment resulting in making the disclosure. In this essay I will evaluate whether the law protects whistleblowers adequately. Prior to the Public Interest Disclosure Act 1998 coming into force on the 2nd of July 1999, whistleblowers did not have protection against unfair dismissal. Employees who attempted to expose of illegal activity would face open discrimination by their bosses and fellow employees, they would also face disciplinary action and were often denied of career advancement. The Public Interest Disclosure Act 1998 came into force to protect workers and a worker in this context includes most workers in the public, private and voluntary sectors. The Act does not apply to self-employed workers other than those in the NHS, and voluntary workers such as charity trustees and charity volunteers...
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...company. It paid him wages from which it deducted tax, NICs and graduated pension contributions. He also made contributions to the firm’s pension scheme". Moreover, in 1973 by mutual consent "the company engaged him on a self-employed basis under a new agreement. His duties under this new agreement were almost identical to those under his previous contract of service. The only real differences were that he no longer made pension contributions and the company paid him gross without any deductions for tax etc. This arrangement continued until 1975 when the company dismissed him. Mr. Massey then claimed unfair dismissal". DECISION OF THE CASE The Industrial Tribunal decided that Mr. Massey was not employed under a contract of service and therefore could not claim unfair dismissal. The EAT upheld this decision, as did the Court of Appeal. (HM Revenue and Customs UK). Based on the case, a dismissal occurred when Mr. Massey was dismissed immediately when his agreement with the company ended. The reason to this is because Mr. Massey was offered another job as a 'self employee in the company’ whereby there was no contract of service. Therefore, the company dismissed him with the fact...
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...choosing to operate outside of the UK where employment law is less robust. According to the National Chairman, Federation of Small Businesses (2012), extending the right to request flexible working will simply increase administrative pressures on the smallest of businesses. One argument against this is, family friendly regulations help to create a working environment that is flexible, fair and attractive for employees. There are over 80 types of employment law claims that can be brought to a tribunal, 186,300 claims were accepted by employment tribunals during 2011-12 this being a 15% fall on the number received the previous year and 21% lower than in 2009-10. (EAT statistics, 2011-12). The introduction of claimant fees by the government in July 2013 (Appendix ) alongside increased emphasis on mediation plus the economic climate and employees’ reluctance to challenge employers all have an impact on these figures. Early conciliation via acas is compulsory prior to lodging a tribunal...
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...EMPLOYMENT TRIBUNAL Employment tribunals stand to hear different types of conflicts between employers and employees in Scotland, Wales and England. These non-departmental community bodies were formed as Industrial tribunals by the Industrial Training Act in 1964. The most common conflicts are related to employment inequity, unfair dismissal and redundancy payments. The administrative justice and tribunals council control and observe the Tribunals where as the tribunals service administers it. This tribunal is part of the United Kingdom tribunal system. (Holland, Burnett, 2007). The traditional court system was too expensive for the employers and claimants. It took time and was complex to give people an effective means of ensuring employment rights. The enactment of a series of employment right laws in the United kingdom as well as the building up of an Employment Tribunal took place at the same time. The main aim of the Tribunals is to give a quick, inexpensive and informal way of ensuring those rights of the employees. The Tribunals are made not to be formal and to inspire parties to serve as a means of expressing themselves. The Tribunals have not complicated civil procedure rules and special court dress. But at a County Court we can see the special court dress and complicated civil procedure rules. (Nairns, 2004). The legal bodies which include a Chairman or President who is a lawyer, a person suggested by an employer association, and one more individual...
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...The Employment Tribunals are board non-departmental community bodies in Scotland, Wales and England which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most frequent disputes are concerned with employment inequity, unfair dismissal and redundancy payments. The Tribunals are part of the United Kingdom tribunal system, administered by the tribunals service and regulated and supervised by the administrative justice and tribunals council. Employment tribunals were created as Industrial tribunals by the Industrial Training Act 1964. Employment tribunals were set up at the same time that the United Kingdom enacted the first of a series of employment rights laws. The Tribunals were intended to give employees a quick , inexpensive and informal way of enforcing those rights. The idea was that the traditional court system was too expensive for both employers and claimants, also complex and slow as well to give people an effective means of enforcing employment rights. Tribunals are intended to be informal and encourage parties to represent themselves. There are no special court dress or complex civil procedure rules as at a County Court. Industrial Tribunals are legal bodies consisting of a lawyer, who was the chairman or President, an individual nominated by an employer association, and another by the Trades Union Congress or affiliated union. These independent panels heard and made legally binding rulings in relation to employment...
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...Dismissal: Employee rights 1. Overview Dismissal is when your employer terminating your employment - they don’t always have to give you notice. If you’re dismissed, your employer must show they’ve: • a valid reason that they can justify • acted reasonably in the circumstances They must also: • be consistent - eg not dismiss you for doing something that they let other employees do • have investigated the situation fully before dismissing you - eg if a complaint was made about you If you’re a part-time or fixed-term worker, you can’t be treated less favourably than a full-time or permanent employee. Notice period You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer. There are some situations where you can be dismissed immediately - eg for violence. Getting your dismissal in writing You have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed if you’re an employee and have completed 2 years’ service (1 year if you started before 6 April 2012). Your employer must supply the statement within 14 days of you asking for it. Your employer must give you a written statement if you’re dismissed while you are on Statutory Maternity Leave. You get this: • even if you’ve not asked for one • regardless of how long you’ve worked for your employer Speak to your employer or check your employment status if you’re unsure of your employment status. Reasons...
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...| Question 16 Discuss the natural justice process in sport tribunals. Should athletes at either domestic or professional level be able to have legal representation? Natural justice process in sport tribunals In sport tribunals as in courts the laws of natural justice are applied to ensure that an accused person is given the right to a fair trial. Healy (2009, 114) confirms this and outlines the laws of natural justice in relation to sport tribunals as “giving the accused person protection by asserting that: * The person accused of misconduct should know the nature of the accusation made; * The person should be given the opportunity to state his or her case; and * The tribunal should act in good faith.” To further examine the natural justice process I will go into further detail of each of the above factors in relation to sporting tribunals. Notification of Accusation Once an organisation or association feels that there has been a breach of the rule or by-laws in which an individual is involved they must notify the accused in the correct manner to ensure procedure is adhered to with respect to natural justice. The Australian sports commission website (aussport.gov.au) gives an outline on the correct procedure for notifying the accused as follows: * “The person accused should receive written notice clearly outlining the allegation/s in sufficient detail so as to allow the person to properly prepare and respond. The notification should outline the...
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...ADR Clause Any dispute, claim or controversy arising from or relating to the breach of the Learning Team Charter signed by all team members and outlining the expectations, proceedings and duties of each individual member shall be referred to and finally resolved by binding arbitration. Each party shall designate one impartial team member as an arbitrator. Either party may commence the arbitration process by posting a written notice for party 2 on the University of Phoenix’s course Learning Team Forum, setting forth the subject of the dispute, claim or controversy and the relief requested. Within three (3) days of the posting of a notice by party 1, party 2 shall deliver a written response at the same forum. The initial arbitration session shall be held within four (4) days of the posting of party 1’s written notice via Skype at a time agreed upon by both parties and the arbitrator. All team members agree to serve as arbitrators if selected by the disputing parties, if both parties select the same arbitrator, only one arbitrator will be present. In the event that a selected arbitrator becomes unable to serve, the party selecting that arbitrator will be required to select a substitute to their initial choice. Each party agrees that the decision of the selected arbitrator(s) will be binding and no other course of action will be available to the parties to resolve their dispute, controversy or claim. The final arbitration decision will be issued by the arbitrator(s) in no longer...
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...1. Advise Michael to whether Richard is likely to succeed in any legal claim of unfair dismissal against the company and as to the nature of any remedies he may receive. This case is primary based on several aspects, included in the Employment Rights Act. According to the text, we have a summary dismissal based on gross misconduct in the form of gross disobedience and insolence. First of all, a case of dismissal is when the employer terminates an employee’s contract. The expiry of a fixed term contract is also considered as a dismissal. In contradistinction from this, a resignation is more likely to be considered as something different. Resignation is normally examined to be termination by the employee, not the employer, therefore when an employee resigns, no dismissal has taken into place. According to our case, we have something more that ordinary dismissal, namely summary dismissal. Summary dismissal always occurs when the contract is terminated instantly, without any try of notice. “Summary dismissal” or “Instant dismissal” is the dismissal of an employee on the spot and without notice. To be more precise, we can conclude that, summary dismissal could terminate the contract of an employee even with notice, in some cases. Another way is by notification. This could happen by giving notice which includes, or is accompanied by a statement in writing that the employer would, by reason of the employee’s conduct, be entitled to terminate the contract without notice. (Employment...
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...I INTRODUCTION The primary role of the Administrative Appeals Tribunal (AAT) is to review the decision of the original administrator and to come to a decision that is the correct or preferable one based on the facts. The Administrative Appeals Tribunal Act 1975 (Cth) guides its operation, in that it must provide a review process that is “fair, just, economical, informal and quick.” In observing the proceedings of Tusitala and Minister for Immigration and Citizenship, it is evident that the tribunal has an enhanced ability to gather relevant information compared to the original decision maker. This information is potentially valuable and should be given proper weight to when making a decision. It is also apparent that the objects of fair and just are naturally contradictory to economical, informal and quick. Nonetheless, the AAT reconciles competing aims through its flexibility to deal with proceedings as it deems fit. II HEIGHTENED ABILITY OF TRIBUNAL TO ASCERTAIN RELEVANT INFORMATION One of the principle features of the AAT is its enhanced ability to collect and find facts in making a decision affecting the rights of the applicants. The Senior Member (SM) of the tribunal indicated that she has to come to her own conclusion, which is the correct or preferable one, on the materials before her instead of the material before the original decision maker. It is notable that the SM can give appropriate weight to other factors beyond character grounds set out by the Migration...
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