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In recent years, the European Commission and various Member States, citing increasingly integrated markets and higher levels of cross-border activity within the European Union (“E.U.”), have called for the adoption of effective collective redress mechanisms for victims of violations of E.U. law. Although many Member States have already adopted collective action procedures under national law, these procedures have been ineffective in stimulating private enforcement of E.U. law and are often divergent in their approach to consolidating claims. E.U. lawmakers, after a lengthy period of investigation and study, have identified a set of guiding principles for the Member States to use in enacting new collective redress procedures within their national systems. The studies and papers solicited from the public during the Commission’s deliberations are explicit in their rejection of the U.S.-style opt-out class action mechanism. In their effort to avoid similarly calamitous results, European lawmakers propose that Member States adopt “opt-in” class actions, while rejecting many of the economic incentives that some believe lead to filing nonmeritorious claims, such as punitive damages and contingency fee arrangements. The European proposal is unlikely in the authors’ view to stimulate private enforcement of European law or increase victims’ access to compensation, given the flaws inherent in the opt-in class action device. Instead of looking to adopt a “U.S.-lite” approach to victim redress which is fundamentally incompatible with many judicial systems within the E.U., the authors propose that Europeans consider adopting a regulatory administered compensation system, modeled after such U.S. examples as the Securities and Exchange Commission Fair Funds and the September 11th Victim Compensation Fund. The authors also propose that regulatory administered funds can provide more effective and efficient restitution to victims than traditional litigation.

Presents a dynamic model of the consumer complaining behavior process. Is unique in that it distinguishes between negative word‐of‐mouth that occurs prior to seeking redress (or in lieu of seeking redress) and negative word‐of‐mouth that occurs after seeking redress. Another unique aspect of this study is that it specifically recognizes positive word‐of‐mouth as a possible post‐complaint response. The results indicate that the major factor that determines why some dissatisfied consumers seek redress and give the seller a chance to remedy the problem, while others exit and engage in negative word‐of‐mouth behavior, is the perceived likelihood of success. Results also show that, once a dissatisfied customer seeks redress, that person expects to receive a fair settlement but, more importantly, to be treated with courtesy and respect. Based on these results, discusses the pervasive effects of customer service on consumer complaining behavior, and offers managerial recommendations.

The primary research question of this study is to what extent auditors comply with auditing standards once they encounter fraud and whether compliance is associated with particular fraud characteristics (i.e. material versus immaterial fraud, management versus employee fraud, statutory versus voluntary audit and external versus internal fraud) as well as with auditor (experience) and audit firm characteristics (Big Four versus non‐Big Four). The study also aims to provide evidence on the role of auditors in redressing fraud. Redress refers to the auditee taking measures to nullify the consequences of the fraud, insofar as possible, and to prevent any recurrence of such fraud.

To gather data on the role of auditors in fraud cases, a survey was conducted among all audit partners of the top 30 Dutch audit firms. In total, 1,218 audit partners were selected and received a postal questionnaire. In total, 326 questionnaires were returned (27 per cent), of which 296 (24 per cent) were usable.

The results reveal that auditors fail to comply with some important elements of fraud standards. There are substantial differences among audit firms regarding compliance with the relevant auditing standards. Furthermore, auditors appear to encounter corporate fraud only incidentally. About half of the auditors believe they have a “significant” impact on redressing fraud.

One of the main research findings is that it is difficult for individual auditors to build up expertise in fraud detection. There appears to be a need for specific training programs for auditors to help them to detect fraud, emphasizing the need for mandatory consultation with the technical department of the audit firm once “red flags” indicating fraud are found. Indeed, this need for change has been addressed by the Dutch professional accountancy body NIVRA as a direct result of the findings of this study.

This study extends existing research by investigating the compliance of auditors with fraud standards and it sheds light on the actual redress experiences of auditors. It focuses on the actions taken by auditors – or the lack thereof – in situations where auditors encounter fraud signals. The study indicates that in the absence of good oversight, auditors have mixed incentives when they are confronted with signals for fraud, resulting in actions that are not always in line with existing regulatory requirements.

Examines the consumer behaviours which result when an apparel product fails and the situations of seeking, receiving, and satisfaction with redress, in relation to the consumer′s intent to repurchase a brand and to revisit a store. Results indicate a definite relationship and have direct financial implications for retailers and apparel manufacturers.

The purpose of this paper is to report the experiences of redress seeking and organisational responses for targets of bullying.

A phenomenological research design was adopted. In total, 22 primary teachers (seven males, 15 females) in Ireland were self-selected for interview, following an advertisement detailing the study in a national teacher union magazine. Data were analysed utilising an interpretative phenomenological analysis framework.

All those interviewed had made official complaints as per available procedures for addressing workplace bullying in their schools. All participants had engaged in Stages 1 and 2 of the official complaints procedures including uptake of recommended counselling. Three participants ceased engagement at Stage 2. In total, 18 participants had engaged in Stage 3 with 12 ceasing engagement at this stage. Seven participants had proceeded to Stage 4. It is noteworthy that no participant articulated satisfaction with the outcome, but conversely all had articulated further upset and acceptance of the reality that redress would not be forthcoming. These participants who had exercised agency in attempting to seek redress were met with power abuses and cultures of collusion.

This is a small-scale study with self-selecting teachers. The data point to some problematic assumptions underpinning anti-bullying policies in small organisations.

This paper contributes to discourses of power/agency in workplace bullying. It challenges researchers and policy makers to elucidate more carefully the issues surrounding seeking redress for bullying.

The purpose of this paper is to examine the significance of political and community activism in Toronto’s Chinese Canadian community between 2000 and 2016.

Adopting a mixed approach (historical, political and personal), the paper draws from both primary and secondary sources to explore three different cases – SARS in 2003, the Head Tax Redress in 2006 and Maclean’s “Too Asian?” controversy in 2010 – to illustrate discrimination against the Chinese Canadian community in Toronto during the 2000–2016 period while illuminating the importance of safeguarding human rights and dignity in the community.

The outbreak of SARS in early 2003 traumatized the whole city of Toronto and sparked waves of racial discrimination and bigotry directed at the Chinese Canadian community. Meanwhile, the community’s ongoing struggle to fight for justice and redress for the Chinese Head Tax seized the opportunity in 2006 to successfully challenge the Canadian government and other political parties to recognize and apologize for the racist tax and its long-term negative impact on the community. However, despite constant efforts, discrimination against Asian Canadians rose again, fueling Maclean’s controversial “Too Asian” article in 2010. Notwithstanding Canada’s positive image abroad, racial discrimination still exists. This paper urges that Canadians of all backgrounds must come together in solidarity and work hard to advocate for social and racial justice and human rights.

This paper will be of interest to community activists, journalists and scholars who are interested in the history of political and community activism in Toronto since 2000. Policymakers may also learn that an unexpected public crisis like SARS can ignite racial intolerance and negative attitudes toward Chinese Canadian and other communities.

The purpose of this paper is to discuss R (on the application of British Bankers Association) v. Financial Services Authority and another (Queens Bench Division: Administrative Court: Mr Justice Ouseley). Date of Judgment: 20 April 2011.

The paper outlines the facts surrounding the case and comments on the decision.

This is a lengthy judgment that is dense in closely reasoned interpretative analysis of the Financial Services and Markets Act 2000 schema for regulation of the conduct of retail financial business and attendant redress mechanisms.

This keenly awaited decision raises several issues of wider public interest about the design and operation of the regulatory environment for retail finance in the UK. In the context of the FSA's emphasis over the past few years of its “Treating Customers Fairly” programme of work the legality of the action taken by both FSA and the Financial Ombudsman Service (FOS) to effect a broad measure and depth of consumer redress in respect of what they judged to be widespread incidence of inappropriate sales of payment protection insurance (PPI) by banks in particular came under intensive scrutiny from the Court in what is a fascinating judgment for regulatory lawyers.

This paper aims to analyse the extent to which recent changes in the law, most notably the Homes (Fitness for Human Habitation) Act 2018 and proposals for changes in tenant redress, will help tenants living in the private rented sector (PRS) with issues of disrepair and poor living conditions.

It applies theoretical scholarship on procedural justice, to two proposals for reform, namely, compulsory membership of redress schemes and a new housing court or use of the first-Tier Tribunal for claims relating to disrepair.

The Homes (Fitness for Human Habitation) Act 2018 will not provide decent private rented homes without increased security of tenure and a requirement for inspection prior to letting. Tenants should have the right to a fit home at the time of moving in and a cheap and relatively fast method of redress when things go wrong. A combination of compulsory licencing, membership of an ombudsman scheme and either the transfer of disrepair cases to the first-tier tribunal or a new housing court would provide the best overall solution for tenants with regard to repair and condition.

This study contributes to the important scholarship on procedural justice and applies it to ongoing current debates regarding disrepair in the PRS.

This chapter explores what it means for adults to claim child rights. Focussing on activism against institutional child abuse, it considers the question of what happens to the mobilisation of child rights discourse when the person claiming those rights is no longer a child. In other words, how is the concept of child rights used retrospectively and what does this reveal, both about childhood and about child rights? The chapter begins with the contention that childhood needs to be understood as not only a concept that speaks to the lives of children, their experiences, and their place within the social structure. Rather, we suggest that a more expansive view enables recognition of the enduring significance of childhood in adults’ lives. We illustrate this argument with examples of the formation of collective identities based on childhood experiences, before turning to the ways that child rights are marshalled by adults in activism, in commissions of inquiry, and in the legal sphere. Throughout the chapter, we consider issues of temporality. We explore the ways in which adult survivors of childhood abuse retrospectively claim rights denied to them in the past and we examine how activism, official inquiries, and legal mechanisms position adults in relation to their childhood selves. We then consider some of the dilemmas that arise with retrospective rights claims; particularly questions of retroactivity in relation to responsibility and redress for past abuse. Finally, we explore the temporal repositioning of childhood and how past and present is bridged. This occurs through survivor activism and, in more formal mechanisms such as inquiries, by focussing on how people are represented as child victims in the past and survivors in the present.

Despite its managerial importance, channel choice has received scant attention in scholarly research. To close that gap, this paper incorporated channel choice into Day and Landon's taxonomy of consumer responses to dissatisfaction. A study using a 4 (channel choice: two interactive channels of face‐to‐face and phone, and two remote channels of letter and e‐mail) × 2 (motivation to complain: redress seeking and venting) experimental design was conducted. Shame proneness was examined using a quasi‐experimental design. Our findings suggest that consumers with a redress seeking goal opt for interactive rather than remote channels. Consumers looking for tangible compensation might perceive face‐to‐face or phone channels to be more effective due to the real‐time interaction with the service provider. Conversely, when customers wanted to vent their frustration, they leaned more towards remote channels such as a written letters or e‐mail. The impact of shame proneness was particularly salient in a venting context.