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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: 1 February 1985

J.R. Carby‐Hall

Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These…

Abstract

Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These rights or entitlements which are all personal in nature are divisible, for the sake of convenience, into four parts. Firstly, individual rights. These include guarantee payments, medical suspension, maternity, time off for specified activities, and the employer's insolvency. These rights are by no means exhaustive. Other rights of an individual nature as for example the right not to belong to a trade union where a closed shop is in operation; rights in connection with trade union membership; written reasons for dismissal; and so on, will be treated in the context of the discussion which will take place under the appropriate heading. Secondly, it is proposed to examine the employees right not to be discriminated against in employment on grounds of race and sex, thirdly, his right not to be unfairly dismissed will be analysed, to be followed finally by his right to redundancy payments. In this monograph, it is proposed to examine the first of these personal rights, namely the employee's individual rights. Each of the others will be discussed in subsequent monographs. It should be noted that unlike the common law terms implied into the contract of employment which consist of duties imposed on both the employer and the employee and which can be contracted out of by an express term in the contact of employment the statutory conditions of employment cannot be dispensed with in that manner. Like the implied terms at common law, the statutory conditions of employment too form another source of contract of employment though of course they are independent in that they neither form part of the contract of employment nor of the common law rights.

Details

Managerial Law, vol. 27 no. 2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 18 July 2008

Philip Law

Though assurance services framework has been defined in the Auditing Standards, the understandability of the concept of reasonable assurance are varied by different auditors. The…

4974

Abstract

Purpose

Though assurance services framework has been defined in the Auditing Standards, the understandability of the concept of reasonable assurance are varied by different auditors. The audit risk model (ARM) that is being used on a worldwide basis to underpin the audit risk of companies, is often being criticized. The purpose of this paper is to assess auditors' perceptions of reasonable assurance in audit work and the effectiveness of the ARM.

Design/methodology/approach

Three independent variables are examined: CPA certification, ranks of auditors and gender for their influence on two dependent variables: the perceptions of reasonable assurance in audit work and the effectiveness of the ARM. MANOVA analysis and follow up Discriminant Analysis are employed.

Findings

Results reveal that there are significant differences between the perceptions held by auditors of different ranks regarding reasonable assurance in audit work. Partners entertain higher perceptions of reasonable assurance than staff auditors. The “gender” variable does not have an influence on the two dependent variables. Auditors with CPA certifications have higher perceptions of reasonable assurance. There are no differences in the perceptions ratings by different rank of auditors, gender and CPA certifications on the effectiveness of the ARM. The three independent variables have average high‐mean ratings on the effectiveness of the ARM, confirming that the current ARM still can provide an effective assurance.

Originality/value

This empirical study revokes the UK study and The Netherlands study. Immediate attention need not be focused on restructuring the ARM. Future contemplation of other important issue such as auditor independence may be considered.

Details

Asian Review of Accounting, vol. 16 no. 2
Type: Research Article
ISSN: 1321-7348

Keywords

Article
Publication date: 13 April 2012

Daniel Brawn

The purpose of this paper is to examine the relationship between extensions of time and payment of liquidated damages under construction contracts in English law.

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Abstract

Purpose

The purpose of this paper is to examine the relationship between extensions of time and payment of liquidated damages under construction contracts in English law.

Design/methodology/approach

This paper sets out the law relating to granting extensions of time and liquidated damages and examines the effect of one upon the other. The JCT form of contract is used as an example, although it is submitted that the position is the same under other forms of contract. Case law is examined to illuminate the judicial approach and highlight inconsistencies, and consideration is given to the position in other jurisdictions.

Findings

This paper examines the effect of delaying events in particular circumstances, including where time is “at large”, sectional completion, partial possession, set‐off of liquidated damages and liquidated damages after termination of the contract. Particular attention is paid to concurrent and sequential delays; where both parties are at fault, it may be appropriate to deny the employer any entitlement to liquidated damages and deny the contractor any entitlement to loss and expense.

Practical implications

An understanding of the effect that delaying events have upon the contractor's right to an extension of time and the employer's entitlement to liquidated damages is critical for successful project completion. This relationship is not always straightforward and judicial approach is not always consistent. Clarification is required as to the effect of sequential delays.

Originality/value

This paper is of value to researchers and practitioners in establishing the legal position in an area that is often complex and obscure.

Details

International Journal of Law in the Built Environment, vol. 4 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 14 November 2018

Evangelia Baou, Vasilis P. Koutras, Vasileios Zeimpekis and Ioannis Minis

The purpose of this paper is to formulate and solve a new emergency evacuation planning problem. This problem addresses the needs of both able and disabled persons who are…

435

Abstract

Purpose

The purpose of this paper is to formulate and solve a new emergency evacuation planning problem. This problem addresses the needs of both able and disabled persons who are evacuated from multiple pick-up locations and transported using a heterogeneous fleet of vehicles.

Design/methodology/approach

The problem is formulated using a mixed integer linear programming model and solved using a heuristic algorithm. The authors analyze the selected heuristic with respect to key parameters and use it to address theoretical and practical case studies.

Findings

Evacuating people with disabilities has a significant impact on total evacuation time, due to increased loading/unloading times. Additionally, increasing the number of large capacity vehicles adapted to transport individuals with disabilities benefits total evacuation time.

Research limitations/implications

The mathematical model is of high complexity and it is not possible to obtain exact solutions in reasonable computational times. The efficiency of the heuristic has not been analyzed with respect to optimality.

Practical implications

Solving the problem by a heuristic provides a fast solution, a requirement in emergency evacuation cases, especially when the state of the theater of the emergency changes dynamically. The parametric analysis of the heuristic provides valuable insights in improving an emergency evacuation system.

Social implications

Efficient population evacuation studied in this work may save lives. This is especially critical for disabled evacuees, the evacuation of whom requires longer operational times.

Originality/value

The authors consider a population that comprises able and disabled individuals, the latter with varying degrees of disability. The authors also consider a heterogeneous fleet of vehicles, which perform multiple trips during the evacuation process.

Details

Journal of Humanitarian Logistics and Supply Chain Management, vol. 8 no. 4
Type: Research Article
ISSN: 2042-6747

Keywords

Article
Publication date: 4 September 2019

Behzad Karimi, Mahsa Ghare Hassanlu and Amir Hossein Niknamfar

The motivation behind this research refers to the significant role of integration of production-distribution plans in effective performance of supply chain networks under fierce…

Abstract

Purpose

The motivation behind this research refers to the significant role of integration of production-distribution plans in effective performance of supply chain networks under fierce competition of today’s global marketplace. In this regard, this paper aims to deal with an integrated production-distribution planning problem in deterministic, multi-product and multi-echelon supply chain network. The bi-objective mixed-integer linear programming model is constructed to minimize not only the total transportation costs but also the total delivery time of supply chain, subject to satisfying retailer demands and capacity constraints where quantity discount on transportation costs, fixed cost associated with transportation vehicles usage and routing decisions have been included in the model.

Design/methodology/approach

As the proposed mathematical model is NP-hard and that finding an optimum solution in polynomial time is not reasonable, two multi-objective meta-heuristic algorithms, namely, non-dominated sorting genetic algorithm II (NSGAII) and multi-objective imperialist competitive algorithm (MOICA) are designed to obtain near optimal solutions for real-sized problems in reasonable computational times. The Taguchi method is then used to adjust the parameters of the developed algorithms. Finally, the applicability of the proposed model and the performance of the solution methodologies in comparison with each other are demonstrated for a set of randomly generated problem instances.

Findings

The practicality and applicability of the proposed model and the efficiency and efficacy of the developed solution methodologies were illustrated through a set of randomly generated real-sized problem instances. Result. In terms of two measures, the objective function value and the computational time were required to get solutions.

Originality/value

The main contribution of the present work was addressing an integrated production-distribution planning problem in a broader view, by proposing a closer to reality mathematical formulation which considers some real-world constraints simultaneously and accompanied by efficient multi-objective meta-heuristic algorithms to provide effective solutions for practical problem sizes.

Article
Publication date: 11 September 2017

Byung Mun Lee

The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a…

Abstract

Purpose

The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law.

Design/methodology/approach

In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts.

Findings

The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance.

Originality/value

This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

Details

Journal of Korea Trade, vol. 21 no. 3
Type: Research Article
ISSN: 1229-828X

Keywords

Article
Publication date: 1 August 1999

Peter R. Senn

The focus of this paper is the economic theory of the plans for the European Monetary Union. Part 1 demonstrates that economists, bankers and policy makers know very little about…

5432

Abstract

The focus of this paper is the economic theory of the plans for the European Monetary Union. Part 1 demonstrates that economists, bankers and policy makers know very little about monetary policy. Part 2 explains the errors of the common practice of defining money by its functions. Because any monetary policy must rest on a definition of money it seems reasonable to conclude that a flawed definition might lead to problems with monetary policy. Part 3 applies this insight to the plans for a common currency in Europe. Because of uncertainties about the timing and details of the implementation, some important considerations are necessarily speculative. They are relegated to appendices. Appendix 1 comments on the timing and authorship and responsibility for the official reports with their unspecified authors. Appendix 2 supplies some grounds for doubting the ultimate durability of the European Monetary Union focusing on reasons that are historical, economic and pragmatic. Because the entire movement is driven by politics, not economics, Appendix 3 considers some of the relevant political issues. The conclusions summarize and speculate on possible reasons for successful outcomes.

Details

Journal of Economic Studies, vol. 26 no. 4/5
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 1 August 1900

The food standards of the Indiana State Board of Health, which appear on another page, show that it is quite possible to lay down official definitions of various articles of food;…

Abstract

The food standards of the Indiana State Board of Health, which appear on another page, show that it is quite possible to lay down official definitions of various articles of food; and a study of these regulations may be of assistance to those authorities who are striving to arrive at some form of order out of the chaos which at present exists in this country in matters relating to food standards. With reference to milk, it will be seen that not only is the question of composition dealt with, but strict directions are given that milk derived from a cow which can in any way be considered as diseased is regarded as impure, and must therefore, says the Board, be considered as adulterated. In regard to butter and margarine, limits are given for the total amount of fat—which must consist entirely of milk‐fat in the case of the former substance—water, and salt; and not only are all preservatives forbidden, but the colouring matters are restricted, only certain vegetable colouring matters and some few coal‐tar colours being permitted. All cheese containing less than 10 per cent, of fat derived from milk must be plainly labelled as “ skim‐milk cheese”; and if it contains fat other than milk‐fat, it must be described as “ filled cheese.” Some exception is taken to the use of preservatives in cheese, inasmuch as it appears that cheese may contain a preservative if the name of such preservative is duly notified upon the label ; and the rules for the colouring of cheese are the same as those which apply to butter and margarine. All articles of food containing preservatives are considered as adulterated unless the package bears a label, printed in plain type and quite visible to the purchaser, stating that a preservative is present, and also giving the name of the preservative which has been used. Articles of confectionery must not contain any ingredient deleterious to health, such as terra alba, barytes, talc, or other mineral substance, nor may they contain poisonous colours or flavours.

Details

British Food Journal, vol. 2 no. 8
Type: Research Article
ISSN: 0007-070X

Article
Publication date: 8 March 2011

Jun Zou, Jae‐bok Lee, JunJie Li and Sughun Chang

The purpose of this paper is to present an original iterative nodal approach to calculate the fault current distribution on overhead lines.

Abstract

Purpose

The purpose of this paper is to present an original iterative nodal approach to calculate the fault current distribution on overhead lines.

Design/methodology/approach

By changing the mutual couplings among different conductors into the equivalent voltage sources, node voltages are updated iteratively by using conventional nodal analysis with those additional sources until the convergence is achieved.

Findings

The proposed algorithm can handle the complicated topology of a power transmission line and has no difficulties in taking all physical couplings into account. The fault current distribution calculated by this method is in good agreement with those published in the literature. Although the proposed approach is iterative, the CPU time needed is still reasonable compared to the direct solution approach. The memory requirement is low because the coefficient matrix is highly sparse for the nodal analysis of each iteration loop.

Originality/value

The proposed approach can serve as an alternative in calculating the fault current because of its efficiency and ease of implementation.

Details

COMPEL - The international journal for computation and mathematics in electrical and electronic engineering, vol. 30 no. 2
Type: Research Article
ISSN: 0332-1649

Keywords

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