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The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal…
Abstract
The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.
In the discussion groups subjects will be taken up which are not dealt with in the lectures. The subjects to be taken up in the discussion groups of each week and the assignments…
Research in the discipline of antitrust economics, which encompasses legal as well as economic aspects, reveals a young and expanding area that has established its own literature…
Abstract
Research in the discipline of antitrust economics, which encompasses legal as well as economic aspects, reveals a young and expanding area that has established its own literature within the past twenty years. The citations in this bibliographic essay were selected for their particular relevance to the subject and represent a core collection of materials that would be most useful to the study of American antitrust economics.
This paper seeks to analyze attempts, in the USA and globally, to create new and improved methods used to manage patient health information: electronic medical records (EHRs)…
Abstract
Purpose
This paper seeks to analyze attempts, in the USA and globally, to create new and improved methods used to manage patient health information: electronic medical records (EHRs). This new system of records management is to be examined to determine the possible benefits for patients, providers, insurers, employers, and others, as well as barriers to the use of EHRs, particularly in those embedded in US law.
Design/methodology/approach
In the USA, and in various other jurisdictions, new laws have been enacted to incentivize the use of EHRs, and the paper examines the regulations and provisions incentivizing the adoption of this type of integrated system for lifelong tracking of health‐related information. There are issues to be dealt with, such as cost, privacy, and legality, but each of these can and must be overcome to effectively manage and communicate health care information
Findings
The use of EHRs is increasing in the USA and globally, both in acute care hospitals and in primary care medical practices, largely accomplished through positive incentives, and penalties for non‐compliance. There are also various countries well on the way to wide‐spread use of electronic health records management.
Social implications
The use of EHRs creates a societal benefit, initially one on an individual level, but one which over time could rise to a level positively affecting health care on a national, even global level.
Originality/value
The paper is based on an analysis of relevant laws/regulations, best practices, and anecdotal/observational evidence. No empirical evidence survey or study was conducted, primarily because the process of implementation of EHRs is too new. It is of value to practitioners, policy makers, and interested public parties.
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Anupama Prashar and Parul Gupta
Corporation's board (CB) is viewed as a vital internal corporate governance (CG) mechanism, playing a critical role in mitigating the agency problems and enhancing firm…
Abstract
Purpose
Corporation's board (CB) is viewed as a vital internal corporate governance (CG) mechanism, playing a critical role in mitigating the agency problems and enhancing firm performance. Considering the mixed nature of extant CG literature on CB-firm performance link, this study aims to examine the impact of specific CB attributes on firm performance studied in varied contextual settings and investigates the moderating effects of three contextual factors, i.e. legal origin, industry type and firm type on CB-performance relationships.
Design/methodology/approach
Meta-analysis technique suggested by Hedges and Olkin (1985) was used to analyse a sample of 330 effect sizes reported in 148 studies published between 2000 and 2020 in 85 peer-viewed journals, studying CB-performance associations across 31 countries. The analyses were conducted in two stages: first, the authors assessed the main effect of CB attributes on firm performance and tested the heterogeneity in effect size across the primary studies. In the next stage, the authors investigated the moderating variables accounting for this heterogeneity in the CB-firm performance relationship.
Findings
Board independence, board diversity, board size and role duality are the CB attributes, which significantly and positively impact firm performance. Further, the homogeneity tests revealed variability in effect size for all CB attributes except for board committees. Subgroup meta-analyses revealed that the contextual factors related to industry-type and firm-type are substantial explanatory source of heterogeneity in CB-performance association, though legal origin of firm also partially explains the heterogeneity in this relationship.
Research limitations/implications
Only empirical research reporting Pearson product-moment correlation coefficients(r), as the effect size, were considered for this study. Some of the other CB attributes such as board composition, compensation structure of board members, performance evaluation and appointment process of board members were not included due to limited empirical research on these attributes.
Practical implications
The paper includes implications for managers and policy makers for the development of effective corporate boards and CG mechanisms.
Originality/value
This paper integrates diverse empirical evidence on the associations of CB attributes with firm performance and systematically assesses the moderating factors that contributes to heterogeneity in these relationships.
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Koen Frenken, Taneli Vaskelainen, Lea Fünfschilling and Laura Piscicelli
We witness rising tensions between online gig-economy platforms, incumbent firms, regulators, and labor unions. In this chapter, we use the framework of institutional logics as an…
Abstract
We witness rising tensions between online gig-economy platforms, incumbent firms, regulators, and labor unions. In this chapter, we use the framework of institutional logics as an analytical lens and scheme to understand the fundamental institutional challenges prompted by the advent of the online gig economy. We view gig-economy platforms as corporations that organize and self-regulate markets. In doing so, they span two parallel markets: the market for platforms competing to provide intermediation services and the market for the self-employed competing on platforms to provide peer-to-peer services. Self-regulation by platforms also weakens the traditional roles of the state. While the corporation and market logics empower the platform, they weaken self-employed suppliers as platforms’ design constrain suppliers to grow into a full-fledged business by limiting their entrepreneurial freedom. At the same time, current labor law generally does not classify suppliers as employees of the platform company, which limits the possibility to unionize. The current resolutions to this institutional misalignment are sought in “band aid solutions” at the level of sectors. Instead, as we argue, macro-institutional reform may be needed to re-institutionalize gig work into established institutional logics.
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Longyue Zhao and Yan Wang
World Trade Organization (WTO) accession marked a new beginning for China's economic, legal and institutional reforms and rapid integration with the rest of the world. The purpose…
Abstract
Purpose
World Trade Organization (WTO) accession marked a new beginning for China's economic, legal and institutional reforms and rapid integration with the rest of the world. The purpose of this paper is to review China's post‐WTO transition experience, synthesize and update studies on China's pattern of trade and structural transformation, and provide both positive and negative lessons for other developing countries.
Design/methodology/approach
The paper has broadly reviewed the latest policy changes after China's WTO accession, and literatures on China's trade and economic development issues in order to understand the Chinese success and its speciality, and draw some useful lessons for both China's decision‐makers and other developing countries.
Findings
There are two main findings: first, market liberalization alone is not sufficient, and economic system reform and the liberalization are closely related and complement and promote each other. Second, experimentations via special economic zones (SEZs) and opening to foreign direct investment (FDI), which facilitated and supported cluster development and learning‐by‐doing, are needed for industrial upgrading and export competitiveness.
Originality/value
The paper demonstrates the wisdom of China's simultaneous pursuit of domestic economic system reform, and opening to the international market. However, China has also paid a high social and environmental cost for its rapid growth. It is important for developing countries to have an exclusive, balanced and sustainable strategy in the future development.
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We are undergoing a “subtle revolution” (Smith 1979) in the traditional relationship of women to work and family. One indicator of this change is the massive increase in women's…
Abstract
We are undergoing a “subtle revolution” (Smith 1979) in the traditional relationship of women to work and family. One indicator of this change is the massive increase in women's economic activity, especially among married women with children. The total labour force of OECD countries increased by around 30 million in the 1950s and 1960s, and by 43 million in the 1970s. In the first two decades women's contribution to the increase was slightly more than half, whereas in the last decade it amounted to 63.8 per cent. In the European OECD countries women's share of labour force change in the 1970s was even higher and amounted to 96.4 per cent (OECD 1984:10, 11).
Charles R. Taylor and Mary Anne Raymond
Many nations have restrictions on advertising in certain product categories. This paper examines product category restrictions on advertising in four large East Asian markets…
Abstract
Many nations have restrictions on advertising in certain product categories. This paper examines product category restrictions on advertising in four large East Asian markets: Japan, Taiwan, the People’s Republic of China, and South Korea. Product categories included in this study include alcohol, cigarettes, ethical drugs, contraceptives, personal hygiene products and undergarments. The authors describe regulatory policy in these categories and use Albaum et al.’s framework for assessing environmental factors in advertising to assess the logic behind the regulation. A wide range of regulations is found across the four countries and it is concluded that a complex web of factors underlies the regulations. Implications for managers are provided.
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