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An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial…
Abstract
An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters. [5th August 1971]
The Secretary of State, in exercise of the powers conferred on him by sec‐tion 170(2) and (4) of the Industrial Relations Act 1971 and of all other powers enabling him in that…
Abstract
The Secretary of State, in exercise of the powers conferred on him by sec‐tion 170(2) and (4) of the Industrial Relations Act 1971 and of all other powers enabling him in that behalf, hereby makes the following Order:—
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Sirajo Yakubu and Mohammed Kyari Dikwa
The purpose of this paper is a holistic assessment of the impact of whistleblowing policy adopted by the Nigerian Government in fighting corruption and an evaluation of the…
Abstract
Purpose
The purpose of this paper is a holistic assessment of the impact of whistleblowing policy adopted by the Nigerian Government in fighting corruption and an evaluation of the whistleblowing and witness protection bill.
Design/methodology/approach
This paper is a critical analysis of the whistleblowing policy and the draft whistleblowing and witness protection bill. The paper combines both qualitative and quantitative methods. It is conducted through the study of the policy and the draft bill and the critical examination of the data released by the federal Ministry of Finance. Moreover, the personal experience of the authors in the civil service and in formulating and implementing the whistleblower policy account significantly.
Findings
The whistleblowing policy adopted by the Federal Republic of Nigeria is promising in controlling corruption and other economically motivated crimes. However, while efforts to give whistleblowing a legal backing will strengthen the fight against corruption in Nigeria, the National Assembly must subject the bill to rigorous debate to avoid having many lacunas in would be act.
Research limitations/implications
The use of whistleblowing in combatting corruption in Nigeria is still at its infancy. A policy document backs implementation of the policy – there is no legislation or case law to consider. Thus, analysis is based on the policy document, the bill, statistics from the FMF and personal experience of the authors.
Originality/value
There is no comprehensive study on the adoption of and efforts to give legal backing to, the whistleblowing policy adopted in Nigeria. This paper is of value to the Nigerian Government and the National Assembly considering the latest efforts to institutionalise whistleblowing in Nigeria.
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Outlines the provisions of the Planning and Compensation Act 1991,and the implications for property managers and planners. Discussesdevelopment plans, definition of development …
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Outlines the provisions of the Planning and Compensation Act 1991, and the implications for property managers and planners. Discusses development plans, definition of development – demolition, applications, appeals, and planning obligations. Summarizes other provisions contained in Part 1 of the Act.
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This paper presents the findings of recent research exploring how local authorities are delivering affordable housing through the planning system, focusing on their use of Section…
Abstract
This paper presents the findings of recent research exploring how local authorities are delivering affordable housing through the planning system, focusing on their use of Section 106 (S106) of the Town and Country Planning Act (1990). Policy and practice vary between local authorities. While the amount of affordable housing delivered through S106 has increased, there is pressure on local authorities to improve performance further as affordability has worsened across the country. This paper highlights the issues that local authorities face, and makes some recommendations for good practice.
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Jeremy C. Wells and Lucas Lixinski
Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of…
Abstract
Purpose
Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. The purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, adaptive regulatory framework that incorporates heterodox approaches to heritage and therefore is capable of accommodating contemporary sociocultural values.
Design/methodology/approach
The overall approach used is a comparative literature review from the fields of heterodox/orthodox heritage, heterodox/orthodox law, adaptive management, and participatory methods to inform the creation of a dynamic, adaptive regulatory framework.
Findings
Tools such as dialogical democracy and participatory action research are sufficiently pragmatic in implementation to envision how an adaptive regulatory framework could be implemented. This new framework would likely require heterodox definitions of law that move beyond justice as a primary purpose and broaden the nature of legal goods that can be protected while addressing discourses of power to benefit a larger group of stakeholders.
Practical implications
The authors suggest that an adaptive regulatory framework would be particularly beneficial for architectural and urban conservation planning, as it foregrounds considerations other than property rights in decision-making processes. While such a goal appears to be theoretically possible, the challenge will be to translate the theory of an adaptive regulatory framework into practice as there does not appear to be any precedent for its implementation. There will be issues with the need for increased resources to implement this framework.
Originality/value
To date, there have been few, if any, attempts to address critical heritage studies theory in the context of the regulatory environment. This paper appears to be the first such investigation in the literature.
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John Donaldson, President, R. Boyfield and A.G. Brooks
Industrial Relations — Unfair industrial practice — Complainant — Complainant's resignation from union — Threats of industrial action by union against employers — Whether…
Abstract
Industrial Relations — Unfair industrial practice — Complainant — Complainant's resignation from union — Threats of industrial action by union against employers — Whether complainant had right to work — Nature of right — Industrial Relations Act, 1971 (c 72), ss. 5, 33 (3), 96 (1).
Denning, L.J. Stephenson and L.J. Scarman
May 16, 1973 Industrial Relations — Unfair industrial practice — Discrimination — Post Office — Facilities granted to recognised but unregistered union denied to unrecognised but…
Abstract
May 16, 1973 Industrial Relations — Unfair industrial practice — Discrimination — Post Office — Facilities granted to recognised but unregistered union denied to unrecognised but registered union — Whether statutory discrimination — Whether rights given to worker exercising right to belong to union of his choice including right to take part in union activities on employer's premises against will of employer — Distinction between organisational and negotiating facilities — Industrial Relations Act, 1971 (c.72), s.5(1)(a), (c), (2)(b), (5).
Saptarshi Ghosh and Sajid Mohamed
The purpose of this paper is first, to engage in a critical examination of the broad legislative framework of the Emergency Economic Stabilization Act, 2008, in the United States;…
Abstract
Purpose
The purpose of this paper is first, to engage in a critical examination of the broad legislative framework of the Emergency Economic Stabilization Act, 2008, in the United States; second, to provide an in‐depth understanding the legal basis, scope and nature of the Troubled Asset Relief Program (TARP) under the Act; third, to provide a legal analysis of the oversight provisions in the new Act; fourth, to examine the powers, responsibilities, functions and roles of the various new oversight offices set up under the new Act; fifth, to assess the economic and financial impact of implementation of the programme till early 2009; and to engage in a critical discussion of the limitations and shortcomings of TARP. The central focus of the paper is largely on TARP and the issues arising from using TARP as a legislative framework to facilitate the removal of toxic assets held by the various banks and financial institutions.
Design/methodology/approach
The larger approach used in this paper is a financial law approach. It is to facilitate an in‐depth analysis of the broader framework of the Emergency Economic Stabilization Act, 2008, i.e. the legislative mechanism that establishes the TARP. The central issue of the paper is to examine the provisions in TARP in the broader context of its ability to take toxic assets off the balance sheets of banks and financial institutions. The approach, therefore, aims to aid a critical examination of the related legal, financial and economic issues arising out of the implementation of TARP. It relies extensively on official publications, testimonials and reports by various oversight bodies in the public domain, academic writings and newspaper reports to assess the impact of the programme and explore the related legal, regulatory and financial implications.
Findings
The findings in the paper relate to the impact and extent of the TARP till the present. It explores the basis, nature and scope of the implementation of the programme and outlines the various shortcomings and limitations. The paper concludes that there are various issues that need to be redressed for TARP or a similar programme to be more effective and transparent.
Research limitations/implications
Various oversight reports and recommendations by official bodies are still expected as regards various spending, accountability and transparency issues related to TARP in the coming months. A new stimulus package of $787 billion was just approved by the US Congress and signed into law (American Recovery and Reinvestment Act, 2009) at the time this article was submitted for publication consideration. The article incorporates some issues relating to the new stimulus package as well as the Geithner plan, Public Private Investment Programme (PPIP), in the concluding section. However, substantial details are yet to emerge as to how the American Recovery and Reinvestment Act, 2009, establishing the stimulus package under the Obama government and the PPIP are both going to impact the future implementation of TARP and induce economic recovery at a broader level.
Originality/value
This paper is of immense significance to academics, jurists, consultants, legislators, policy‐makers, bankers, lawyers, auditors, consultants, researchers and anyone interested in financial and banking issues.
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