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Article
Publication date: 1 March 1968

Parker of, J. Widgery and J. Chapman

November 30, 1967 Master and Servant — Dismissal — Redundancy — Calculation of payment — National agreement providing for 41 hour working week in road haulage business — Local

Abstract

November 30, 1967 Master and Servant — Dismissal — Redundancy — Calculation of payment — National agreement providing for 41 hour working week in road haulage business — Local agreement providing for 68 hour working week for shunters — Whether basis of calculation of redundancy payments 41 or 68 hour week — Evidence whether employees drivers or shunters — Evidence that local agreement contractually binding — Evidence later admitted that local agreement not intended to be contractually binding — Whether later evidence on local agreement wrongly admitted — Whether National agreement varied by local agreement — Contracts of Employment Act, 1963 (11 and 12 Eliz II, C.49), Sched.2, para. 1(1), (2) — Redundancy Payments Act, 1965 (13 and 14 Eliz. II, c.62), s.1(1), Sch. I, para. 5(1) — Wages Regulation (Road Haulage) Order, 1966 (S.I. 1966. No. 554).

Details

Managerial Law, vol. 3 no. 6
Type: Research Article
ISSN: 0309-0558

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: 2 March 2015

The study aims to investigate how modern methods of communication within the construction industry have brought forth a new cognitive process that participants in this industry…

1255

Abstract

Purpose

The study aims to investigate how modern methods of communication within the construction industry have brought forth a new cognitive process that participants in this industry should undertake when communicating.

Design/methodology/approach

To achieve the objectives of the study, a literature review was compiled on the legal status of electronic communication and what the impact of the Electronic Communications and Transactions (ECT) Act, Act 25 of 2002, has had on electronic communication. A questionnaire was also distributed to quantity surveyors to ascertain the level of knowledge with regard to the application of the ECT Act.

Findings

The study found that participants are not familiar with the ECT Act and that it is highly advisable that parties to the agreement be made fully aware of how communications should be dealt with during the duration of the contract.

Research limitations/implications

The study is restricted to the South African construction industry and construction contracts and a small target population of professional quantity surveyors practicing in the Gauteng Province. The results of the research will be taken as representative of the entire country.

Practical implications

In the modern era, notifications are increasingly being communicated electronically, e.g. by electronic mail, linked computer networks, the Internet and cellular phones with appropriate media capabilities. Participants in the built environment must know how to correctly, effectively and legally, deal with this information revolution.

Originality/value

Modern means of communication, including in particular electronic emailing, demand that users properly appreciate whether the chosen method of communication has a contractually binding and legally enforceable effect. Thus, in an ever-changing built environment, participants should not only dedicate more time to ensure that information conveyed does not have legal implications, except if so intended, but that the information conveyed is unambiguous, grammatically correct and formulated professionally. This article has value as it investigates how industry stakeholders perceive the legal status of electronic communication and recommends how it should be dealt with during the execution of the contract.

Details

Journal of Engineering, Design and Technology, vol. 13 no. 1
Type: Research Article
ISSN: 1726-0531

Keywords

Article
Publication date: 7 October 2014

Sarah J.V. Fox

The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the…

1222

Abstract

Purpose

The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the limits commonly found in binding letters of intent were upheld by the courts and so were effective in practice. It also reviews whether these limits are, as presumed by drafters, sufficient to act as incentives to the parties to conclude the full contract. The paper uses case law to analyse and evaluate the legal and business efficacy of these limits and incentives. It considers the rationale for such limits and incentives before drawing its conclusions and making recommendations.

Design/methodology/approach

The paper draws on cases in England and Wales to analyse the judicial interpretation of binding letters of intent. The author has adopted a black letter approach to this subject by focusing almost exclusively on primary sources. As there is no relevant legislation in England and Wales, the primary sources are case law. A limited literature review was adopted, as there is little commentary on this aspect of letters of intent and to ensure the paper’s originality. The paper also considers papers published by the Society for Construction Law.

Findings

The paper demonstrates that even if the drafting of the letter of intent is clear, it is the conduct of the parties after a letter of intent which prevents the stated limits on work times or cost applying, and undermines these limits in their roles as incentives intended to persuade the parties to conclude the full contract for the project. The terms of the letter of intent are easily ousted and may not be strictly enforced by the courts when a dispute arises.

Practical implications

The paper concludes with recommendations for ensuring the terms of the commonly used letters of intent provide more effective limits on the liability for the employer while giving the constructor the incentive to continue negotiating and concluding a formal contract for the works. The paper also recommends changes to the guidance to be given to users of standard form letters of intent to improve their efficacy as limited contracts.

Originality/value

The analysis of the cases is instructive and the recommendations provide valuable pointers for those who draft, review or agree letters of intent. The issues that are dealt with relate to how the parties can be incentivised through clear drafting to execute a more comprehensive contract for the project.

Details

International Journal of Law in the Built Environment, vol. 6 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 8 January 2019

Maude Brunet and Daniel Forgues

The purpose of this paper is to investigate a case of collective sensemaking about the project success of the multifunctional amphitheater of Quebec (Canada).

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Abstract

Purpose

The purpose of this paper is to investigate a case of collective sensemaking about the project success of the multifunctional amphitheater of Quebec (Canada).

Design/methodology/approach

For this explorative and qualitative research, the authors started from the post-mortem document and complemented their comprehension with six semi-structured interviews with the main project actors and other public documents regarding this project.

Findings

According to the respondents, the main success factors of this project can be attributed to: a clear governance structure; proven project management and construction methods; the use of emerging collaborative practices in construction (such as building information modeling (BIM) and lean construction); an adapted policy for procurement; as well as a code of values and ethics shared by all stakeholders.

Originality/value

The sensemaking perspective has been scarcely mobilized in project management studies, emerging from a constructivist view of reality and being sensitive about material-discursive practices. This exploratory study explores a case of collective sensemaking of a major project success and suggests avenues for major and megaprojects research. Lessons learned and implications for practice are also outlined. The conclusion allows a synthesis and an opening to consider how practitioners and researchers can build on this (and other successful) case(s) for future projects and research.

Details

International Journal of Managing Projects in Business, vol. 12 no. 3
Type: Research Article
ISSN: 1753-8378

Keywords

Article
Publication date: 1 May 1981

Jo Carby‐Hall

In attempting an examination of the contractual and normative concepts of the collective agreement, some ideas are tentatively put forward in the pages which follow hoping that…

Abstract

In attempting an examination of the contractual and normative concepts of the collective agreement, some ideas are tentatively put forward in the pages which follow hoping that they will stimulate the reader's mind and open areas for further discussion.

Details

Managerial Law, vol. 23 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 December 2003

Jo Carby‐Hall

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of…

2661

Abstract

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of employment in full with all the integral laws explained as required, including its characteristics, written particulars, sources or regulations, with regard to employers, are also covered. Lengthy coverage of the collective agreement is also included, showing legal as well as moral (!) requirements, also included are cases in law that are covered in depth.

Details

Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

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…

1363

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

Article
Publication date: 1 January 1993

J.R. Carby‐Hall

In this essay it is proposed first to draw the important distinction which exists in practice between the collective and procedure agreements and explain briefly the respective…

Abstract

In this essay it is proposed first to draw the important distinction which exists in practice between the collective and procedure agreements and explain briefly the respective functions of each of these. An examination will then follow of the current legal status of the collective agreement in Great Britain where a discussion and analysis of various aspects of legal non‐enforceability will take place.

Details

Managerial Law, vol. 35 no. 1/2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 October 1972

M.R. Denning, L.J. Buckley and L.J. Roskill

May 19, 1972 Industrial Relations — Industrial dispute — Emergency provisions — “Irregular industrial action” — Work to rule on railways — “Concerted course of conduct … by a…

Abstract

May 19, 1972 Industrial Relations — Industrial dispute — Emergency provisions — “Irregular industrial action” — Work to rule on railways — “Concerted course of conduct … by a group of workers” — Whether in “breach of their contracts of employment” — Industrial Relations Act, 1971 (c.72), ss. 33(4), 138(1) (2), 139(1) (4), 141(1) (2), 142(1), 143(1) (2). Master and Servant — Contract of service — Effect of railway work to rule disrupting services — Whether in breach of contract — Industrial Relations Act, 1971, s. 33(4).

Details

Managerial Law, vol. 13 no. 1
Type: Research Article
ISSN: 0309-0558

1 – 10 of 602