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1 – 10 of over 6000
Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

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Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 22 December 2016

Changmian Zhang and Piercarlo Rossi

A balance between environmental protection and sustainable development of the energy industry is fostered in the majority of nations. China’s economic growth has been rapid in the

Abstract

Purpose

A balance between environmental protection and sustainable development of the energy industry is fostered in the majority of nations. China’s economic growth has been rapid in the past few decades, with the unfortunate side effect of environmental pollution and ecological deterioration in the country. In this chapter, we provide a study of Chinese legal rules about civil liability for environmental damages in the light of objectives of sustainable development of the energy industry.

Methodology/approach

The research approach is based on the Regulatory Impact Assessment.

Practical implications

International funds and private investors, especially those working in FDI, have to cope with the legal framework more or less favorable to investment and innovation deriving from experimentation and development of new energy products and processes. In each jurisdiction, the mechanism of civil liability is crucial in determining such a legal framework.

Social implications

The real functioning of civil liability as applied by the doctrinal and judicial interpretation has to be taken into account for minimizing the mass damages for the environment and individuals.

Originality/value

Different from other assumptions based on administrative rules or policy issues, the balance between environmental protection and sustainable development is considered in this chapter under a view that emphasizes the role of legal rules from a civil law perspective.

Details

China and Europe’s Partnership for a More Sustainable World
Type: Book
ISBN: 978-1-78635-331-3

Keywords

Article
Publication date: 1 June 1999

Rocco R. Vanasco

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing…

17277

Abstract

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing profession, but also in international law. The Acts raised awareness of the need for efficient and adequate internal control systems to prevent illegal acts such as the bribery of foreign officials, political parties and governments to secure or maintain contracts overseas. Its uniqueness is also due to the fact that the USA is the first country to pioneer such a legislation that impacted foreign trade, international law and codes of ethics. The research traces the history of the FCPA before and after its enactment, the role played by the various branches of the United States Government – Congress, Department of Justice, Securities Exchange commission (SEC), Central Intelligence Agency (CIA) and the Internal Revenue Service (IRS); the contributions made by professional associations such as the American Institute of Certified Public Accountants (AICFA), the Institute of Internal Auditors (IIA), the American Bar Association (ABA); and, finally, the role played by various international organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO) and the International Federation of Accountants (IFAC). A cultural, ethical and legalistic background will give a better understanding of the FCPA as wll as the rationale for its controversy.

Details

Managerial Auditing Journal, vol. 14 no. 4/5
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 January 1987

J.R. Carby‐Hall

Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These…

Abstract

Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.

Details

Managerial Law, vol. 29 no. 1/2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2050

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Details

Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 22 February 2013

Shih‐hung Chang

There are few papers which deal with professional liability for buildings when architects and engineers (AEs) face disaster risks. The purpose of this paper is to find out the

Abstract

Purpose

There are few papers which deal with professional liability for buildings when architects and engineers (AEs) face disaster risks. The purpose of this paper is to find out the main legal risks for practitioners.

Design/methodology/approach

This paper uses t‐tests and ANOVA to investigate the impacts of earthquake on four areas: the number of architects or engineers who were sued; the time to appeal cases; the conviction rate in final judgments; and the number of public or private projects filed.

Findings

The results show that design professionals have a high burden of legal liability risks that were substantially increased by the Chichi earthquake. The following risks have significant impact: architects are burdened with higher civil liability than engineers; civil liability cases are more complicated; criminal cases have high conviction rates; and more liability cases are filed for private projects.

Research limitations/implications

The following phenomena are worth further examination: the influenced of collectivism on AE defendants’ behaviour; and the legal tactics of plaintiffs in civil litigation, who may file parallel criminal liability cases to increase their compensation.

Practical implications

This paper contributes to the evidence of the kinds of liability which have high legal risks in practice, thus evaluating legal costs accurately in contractual negotiation.

Originality/value

It enriches AEs’ continuing education and engineering programs by strengthening the teaching materials on legal liability risks under earthquake attack.

Details

Engineering, Construction and Architectural Management, vol. 20 no. 2
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 May 1994

Michael J. Laird

The scope of this undertaking is to categorize that sector of the environment affecting managerial decision making that makes up the “legal environment.” The term legal…

Abstract

The scope of this undertaking is to categorize that sector of the environment affecting managerial decision making that makes up the “legal environment.” The term legal environment encompasses the federal and state legislative and regulatory powers, plus the common law or court‐developed law that impacts an organization's domain. I have set out to divide the project into three chapters with each chapter emphasizing a major regulatory impact on corporate direction; some predictable, some unpredictable. Moreover, predictability will be dealt with as to controlling the legal environment. Historically, the legal environment crosses over two of the sectors: the government sector, city, state, federal laws and regulations, the court system, and political processes; the sociocultural sector, affirmative action, Title VII of the 1964 Civil Rights Act, values, beliefs, etc. Certain regulatory powers were anticipated by the frames of the Constitution in order to maintain a system of prosperity and strength. However, many of our regulatory agencies have come into being at the behest of the very industries that are regulated, such as antitrust. Furthermore, many of the regulatory laws came about due to the negligence of the business community in not self‐regulating and thereby permitting intolerable conditions for the sociocultural sector.

Details

Managerial Law, vol. 36 no. 5/6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9542

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

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