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Article
Publication date: 20 June 2023

Mu-Chun Liao, Ting-Ya Hsieh and Wei-Hsiang Wang

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives…

Abstract

Purpose

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.

Design/methodology/approach

This study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.

Findings

The results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.

Research limitations/implications

This study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.

Practical implications

This study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.

Social implications

This study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.

Originality/value

Goal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 2 January 2024

Gita Gayatri, Yusniza Kamarulzaman, Tengku Ezni Balqiah, Dony Abdul Chalid, Anya Safira and Sri Rahayu Hijrah Hati

This study aims to examine the perceptions and evaluations of Muslim COVID-19 survivors and health workers regarding the halal, business and ethical attributes of hospitals during…

Abstract

Purpose

This study aims to examine the perceptions and evaluations of Muslim COVID-19 survivors and health workers regarding the halal, business and ethical attributes of hospitals during their interactions related to COVID-19 treatment.

Design/methodology/approach

Descriptive qualitative research with semi-structured online interviews was used to gather insights from COVID-19 survivors and health workers who treated COVID-19 patients. The findings were then compared with existing literature on hospital services and Sharia attributes.

Findings

The study found that patients and health-care workers in hospitals are concerned about whether the hospital follows Sharia law, the quality of health-care and hospital services and the ethical conduct of hospital staff. This is especially true during the COVID-19 pandemic, when patients are more anxious about religious conduct and the afterlife.

Research limitations/implications

Hospitals need to address halal attributes in all aspects of their services for Muslim patients and business attributes such as standard health-care quality, service quality and ethical attributes. Participants indicated that when these needs are met, they are more likely to revisit the hospital and recommend it to others.

Originality/value

This study contributes to understanding the expectations of Muslim patients regarding hospital services that meet Islamic ethical and business requirements. Using the COVID-19 pandemic as a case study broadens the understanding of how to better serve Muslim customers.

Details

International Journal of Ethics and Systems, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9369

Keywords

Article
Publication date: 26 September 2023

Sumant Kumar and Avanish Bhai Patel

COVID-19 lockdown imposed by the government in India affected markets, factories, industries, construction sites, restaurants, transport services, etc. in which migrant workers…

Abstract

Purpose

COVID-19 lockdown imposed by the government in India affected markets, factories, industries, construction sites, restaurants, transport services, etc. in which migrant workers were engaged. Migrant workers expected that after the imposition of the lockdown government will facilitate transportation facilities to their hometowns as they lost their jobs. But due to negligence from both the central and the state governments, neither transportation was arranged nor food, shelter or health facilities were arranged. This paper aims to investigate the causes of the death of migrant workers under the theoretical framework of negligence theory.

Design/methodology/approach

The authors have applied the content analysis method and collected 926 death cases of migrant workers from 28 Indian states. The researchers applied this technique as the newspapers in India are one of the largest and most useful sources to generate a report/record on migrant workers causes during the COVID-19 lockdown. During the lockdown period, due to lack of attention from the government, police atrocities, hunger and accidental cases increased which resulted in the death of migrant workers.

Findings

The finding of the study proves that during the first phase of COVID-19 lockdown the death cases of migrant workers increased due to negligence by the governments. The number of death cases of migrant workers has been analysed through applying negligence theory which included duty, breach, cause, in fact, proximate cause and harm which increased the death cases. It has been noticed that the central government without any prior notice-imposed lockdown all over India, in which all the states were not received any guidelines or communication which indicate what they have to do or how to handle the Covid-19 situation.

Originality/value

To the best of the authors’ knowledge, this is an original work of researchers which is basically based on negligence theory.

Details

Mental Health and Social Inclusion, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2042-8308

Keywords

Article
Publication date: 18 December 2023

Luke Jones, Steven Tones, Gethin Foulkes and Andrew Newland

The broad aim of this paper is to use Noddings' theory of ethical care to analyse mentors' caring experiences. More specifically, it aims to analyse how physical education (PE…

Abstract

Purpose

The broad aim of this paper is to use Noddings' theory of ethical care to analyse mentors' caring experiences. More specifically, it aims to analyse how physical education (PE) mentors provide care, how they are cared for and how this impacts their role within the context of secondary PE initial teacher training (ITT).

Design/methodology/approach

Semi-structured interviews were used to generate data from 17 secondary PE mentors within the same university ITT partnership in the north-west of England. Questions focused on the mentors' experiences of care and the impact this had on their wellbeing and professional practice. A process of thematic analysis was used to identify, analyse and report patterns in the data.

Findings

The participants reflected established definitions of mentoring by prioritising the aim of developing the associate teachers' (ATs) teaching rather than explicitly providing support for their wellbeing. This aim could be challenging for mentors who face personal and professional difficulties while supporting the training of an AT. Mentors frequently referred to the support of their departmental colleagues in overcoming these difficulties and the importance of developing interdependent caring relationships. Receiving care did not impede mentors from providing support for others; it heightened awareness and increased their desire to develop caring habits.

Originality/value

Teacher wellbeing has drawn greater attention in recent years and is increasingly prioritised in public policy. These findings highlight the value of mentor wellbeing and how caring professional relationships can mitigate the pressures associated with performativity and managing a demanding workload.

Details

International Journal of Mentoring and Coaching in Education, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2046-6854

Keywords

Article
Publication date: 29 November 2023

Reimara Valk and Benito Versluijs

The purpose of this paper is to explore the reintegration process of Wounded, Injured or Sick Employees (WISE) of the Dutch Military Armed Forces.

Abstract

Purpose

The purpose of this paper is to explore the reintegration process of Wounded, Injured or Sick Employees (WISE) of the Dutch Military Armed Forces.

Design/methodology/approach

The research method is an exploratory, qualitative case study. A purposive sampling was drawn, including 10 WISE, and 6 reintegration stakeholders. A total of 16 interviews were conducted to explore the individual, organisational and socio-environmental factors that influence reintegration of WISE.

Findings

Findings show the importance of involvement and participation of members of the social environment in the reintegration process. Findings show that the complexity of the plethora of WISEs' injuries and disabilities requires a more person-centric reintegration approach with personalized-customized provisions, rather than a policy-driven approach to the reintegration, in order to enhance the reintegration experience and to arrive at beneficial individual and organisational reintegration outcomes.

Research limitations/implications

This cross-sectional study on a limited sample of WISE and reintegration stakeholders does not allow for making inferences about the long-term effects of the reintegration process on reintegration outcomes of the wider population of WISE. Future longitudinal research, encompassing a larger sample, could examine the long-term career, organisational and societal implications of reintegration of WISE within and outside the Military Armed Forces.

Practical implications

This paper presents a “Wounded Warrior Workplace Reintegration Program”, aimed at deriving beneficial outcomes for all stakeholders involved in the reintegration trajectory.

Originality/value

This paper contributes to the literature by presenting a Model of Occupational Reintegration of WISE that considers the factors at an individual, social-environmental, and institutional level as determinants of successful reintegration.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Open Access
Article
Publication date: 26 December 2023

Daniel Magnusson, Hendry Raharjo and Petra Bosch-Sijtsema

Sustainability is regarded as a core value that the coworking movement aspires to. However, most sustainability efforts focus on the providers’ perspective while neglecting the…

Abstract

Purpose

Sustainability is regarded as a core value that the coworking movement aspires to. However, most sustainability efforts focus on the providers’ perspective while neglecting the coworking members’ role. Therefore, this paper aims to explore sustainable coworking from the members perspective by focusing on sustainable behaviors.

Design/methodology/approach

This study uses a flexible pattern matching approach. Theoretical patterns are identified using literature on coworking space and sustainable behavior while matching them with the empirical data. Data were collected from three different coworking spaces in Sweden through interviews and observations.

Findings

Based on the theoretical patterns, three constructs for sustainable coworking were identified, namely, productive behavior, prosocial behavior and responsible space sharing behavior. Through the empirical data, the constructs were further concretized to understand their different aspects. The findings uncovered a new layer of complexity where members can show the same behavior and be perceived differently.

Originality/value

This study offers a more holistic understanding of sustainable coworking by highlighting the members’ role and identifying different member perceptions on sustainable coworking behaviors.

Details

Journal of Corporate Real Estate , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1463-001X

Keywords

Article
Publication date: 14 February 2024

Charles Gillon, Michael J. Ostwald and Hazel Easthope

The architectural profession faces an increasingly complex ethical landscape. In recent decades, the ethical foundations for architecture – formally defined in professional codes…

Abstract

Purpose

The architectural profession faces an increasingly complex ethical landscape. In recent decades, the ethical foundations for architecture – formally defined in professional codes of conduct and reflected in regulatory frameworks – have expanded to incorporate imperatives derived from environmental and social responsibilities. The present research examines how these expanding ethical expectations are reflected in, and supported by, recent research about architectural ethics.

Design/methodology/approach

Analysis is based on a systematic review of recent research (2002–2023) focussing on ethical values and associated behaviours in the architectural profession. The review identifies 37 research articles (from a starting set of 2,483 articles), which are analysed empirically and then qualitatively to draw out views around three types of ethical behaviour. The paper then discusses how these findings align thematically with the evolving ethical needs of architectural practitioners (as defined in the professional codes of ethics and conduct of the RIBA in the UK, AIA in Australia and the AIA in the USA).

Findings

While business ethics remains the focus of past research, there has been a rise in research about ethics and social and environmental factors. The content of professional codes reflects this shift, setting the conditions for architects to aspire to increased expectations of environmental and social responsibility.

Originality/value

This article undertakes the first systematic review of recent research about architectural ethics and its alignment with the content of contemporary professional codes. Organised thematically, recent research about ethical values and associated behaviours can offer guidance for the evolving ethical needs of architects.

Details

Archnet-IJAR: International Journal of Architectural Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2631-6862

Keywords

Article
Publication date: 1 November 2022

Alan Aitken

This paper explores attempts to deliver socioeconomic benefit by developing social enterprise within the public sector supply chain.

Abstract

Purpose

This paper explores attempts to deliver socioeconomic benefit by developing social enterprise within the public sector supply chain.

Design/methodology/approach

A case study approach is adopted which focusses on the implementation of public procurement policy intended to support social entrepreneurs (SEs) in the delivery of social care in Scotland. Socio-technical systems theory (STST) is adopted as a lens through which to explore the case.

Findings

While acknowledging the contextual limits of the case study, the empirical findings recognise partial implementation of the measures intended to develop social entrepreneurship in the supply chain. The results, however, suggest that both the engagement levels of SEs and the expected socio economic benefits are yet to accrue fully.

Social implications

The paper concludes that in order to achieve the expected social benefits further progress is required in engaging SEs in formal collaborations with larger, potentially for profit, organisations and also in their increased involvement in the design and commissioning of public services.

Originality/value

The innovative, cross-sectional research design uses a survey based, gap analysis to provide a nuanced comparison between the views of local authority procurement officers and the opinions prevalent within social enterprise care providers and thereby to assesses the effectiveness of public policy.

Details

International Journal of Entrepreneurial Behavior & Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1355-2554

Keywords

Article
Publication date: 19 December 2023

Sunday Olarinre Oladokun and Manya Mainza Mooya

Challenges of property data in developing markets have been reported by several authors. However, a deep understanding of the actual nature of this phenomenon in developing…

Abstract

Purpose

Challenges of property data in developing markets have been reported by several authors. However, a deep understanding of the actual nature of this phenomenon in developing markets is largely lacking as in-depth studies into the actual nature of data challenge in such markets are scarce in literature. Specifically, the available literature lacks clarity about the actual nature of data challenges that developing markets pose to valuers and how this affects valuation practice. This study provides this understanding with focus on the Lagos property market.

Design/methodology/approach

This study utilises a qualitative research approach. A total of 24 valuers were selected using snowballing sampling technique, and in-depth semi-structured interviews were conducted. Data collected were analysed using thematic analysis with the aid of NVivo 12 software.

Findings

The study finds that the main data-related challenge in the Lagos property market is the lack of database of market property transactions and not the lack or absence of transaction data as it has been emphasised in previous studies. Other data-related challenges identified include weak property rights institution with attendant transaction costs, underhand dealings among professionals, undocumented charges, undisclosed information, scarcity of data relating to specialised assets and limited access to the subject property and required documents during valuation. Also, the study unbundles the factors responsible for these challenges and how they affect valuation practice.

Practical implications

The study has implication for practice in the sense that the deeper knowledge of data challenges could provide insight into strategy to tackle the challenges.

Originality/value

This study contributes to the body of knowledge by offering a fresh and in-depth perspective to the issue of data challenges in developing markets and how the peculiar nature of the real estate market affects the nature of data challenges. The qualitative approach adopted in this study allowed for a deep enquiry into the phenomenon and resulted into an extended insight into the peculiar nature of data challenges in a typical developing property market.

Details

Journal of Property Investment & Finance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 27 November 2023

Shamim Mohammad, Shivaraj Huchhanavar, Hifzur Rahman and Tariq Sultan Pasha

The extant literature underlines the inadequacies of legal and policy frameworks addressing the safety and health concerns of sandstone mineworkers in India. Notably, Rajasthan, a…

Abstract

Purpose

The extant literature underlines the inadequacies of legal and policy frameworks addressing the safety and health concerns of sandstone mineworkers in India. Notably, Rajasthan, a state renowned for its extractive industries, mirrors these concerns. Against this backdrop, this paper aims to critically evaluate the relevant legal and policy landscape, with an emphasis on the recent central statute: the Occupational Safety, Health and Working Conditions Code of 2020 (OSHWCC). Given that the Code subsumes the key legislation pertaining to the safety and health of mineworkers, an in-depth critical analysis is essential to forge suitable policy interventions to address continued gross violations of human rights.

Design/methodology/approach

The critical analysis of legal and policy frameworks on silicosis in sandstone mineworkers is based on a comprehensive reading of existing literature. The literature includes relevant laws, case law, reports of the Rajasthan State Human Rights Commission and National Human Rights Commission, publicly available data and key scholarly contributions in the field.

Findings

Although the OSHWCC has made some changes to the existing regulatory architecture of mines in India, it has failed to safeguard the safety and health of mineworkers. Notably, the vast majority of mines in India – constituting approximately 90%, which are informal, seasonal and small-scale – remain beyond the jurisdiction of this Code. In Rajasthan, there are specific policies on silicosis, but these policies are poorly implemented. There is a serious shortage of doctors to diagnose silicosis cases, leading to under-diagnosis. The compensation for silicosis victims is insufficient; the distribution mechanism is complex and often delayed.

Research limitations/implications

The central and many state governments have not established the regulatory institutions envisaged under the OSHWCC 2020; therefore, the working of the regulatory institutions could not be critically examined.

Originality/value

The paper critically evaluates laws and policies pertaining to silicosis in sandstone mineworkers, with a special emphasis on the state of Rajasthan. It offers a comprehensive critique of the OSHWCC of 2020, which has not received much attention from previous studies.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

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