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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…

1438

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 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

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Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 19 October 2020

Debbie Bargallie, Chris Cunneen, Elena Marchetti, Juan Tauri and Megan Williams

Criminology and criminal justice research in Australia that involves Indigenous peoples or has an Indigenous focus currently needs to follow guidelines of the National Health and

Abstract

Criminology and criminal justice research in Australia that involves Indigenous peoples or has an Indigenous focus currently needs to follow guidelines of the National Health and Medical Research Council National Statement on Ethical Conduct in Human Research (Updated 2018) and the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Guidelines for Ethical Research in Australian Indigenous Studies (2012). However, neither of these documents specifically focus on research or evaluations in the criminology and criminal justice space, resulting in discipline-specific gaps. Drawing from both the Declaration on the Rights of Indigenous Peoples and Indigenous and post-colonial literature on research ethics, our chapter focuses on three core questions: (a) What does ‘free, prior and informed consent’ to participate in research mean and how should it be obtained and operationalised in criminology and criminal justice research involving Indigenous peoples and communities? (b) What does the requirement that research be ‘for the benefit of Indigenous peoples’ mean in the context of criminal justice research? and (c) How can ethical guidelines ensure that Indigenous-focussed criminological and criminal justice research and evaluation enhance and support Indigenous peoples’ empowerment and self-determination?

Details

Indigenous Research Ethics: Claiming Research Sovereignty Beyond Deficit and the Colonial Legacy
Type: Book
ISBN: 978-1-78769-390-6

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

10844

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

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…

2112

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).

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Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 September 2003

Pankaj Sharma, Anand Arya and Samrendu Singh

A prospective audit of 76 patients undergoing elective orthopaedic surgery was performed. The aim of this audit was to assess how effectively patients are consented at a busy…

767

Abstract

A prospective audit of 76 patients undergoing elective orthopaedic surgery was performed. The aim of this audit was to assess how effectively patients are consented at a busy teaching hospital, and to suggest improvements to the process. Evaluates the level of information attained by patients after giving consent and their overall satisfaction with the process by use of a questionnaire. Results demonstrated that patients were often given incomplete information about their management. Despite this, patients themselves felt that the level of information given to them was appropriate, and allowed them to make an informed decision. Suggests the use of written information sheets and Internet Web sites to supplement the provision of information to patients. These modalities will allow patients to access as much information as they desire, while avoiding any potential anxiety due to provision of excess information.

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Clinical Governance: An International Journal, vol. 8 no. 3
Type: Research Article
ISSN: 1477-7274

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Article
Publication date: 1 January 1976

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal…

Abstract

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Details

Managerial Law, vol. 19 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 19 October 2020

Sharon Huebner, Azure Hermes and Simon Easteal

The Australian Government recognises an obligation to ensure that Aboriginal and Torres Strait Islanders (Australia’s First Peoples) are included in the integration of genomics…

Abstract

The Australian Government recognises an obligation to ensure that Aboriginal and Torres Strait Islanders (Australia’s First Peoples) are included in the integration of genomics into the healthcare system. First Peoples inclusion in this area requires going beyond general principles for First Peoples health research. This extra need exists for historical reasons as well as the need to maintain connections between patients, participants and communities and between the bio-specimens and data contributing to the resources underpinning genomics. The National Centre for Indigenous Genomics (NCIG) at the Australian National University in Canberra, Australia, has developed a framework that addresses these requirements through its dedicated First Peoples governance and enduring community engagement processes relating to stored heritage materials, data management and culturally agreed terms for collection preservation and potential use into the future. This chapter incorporates a First Peoples perspective on the NCIG by describing the practical application of ‘doing the right thing’, proceeding at ‘the pace of trust’, obtaining informed consent as part of enduring relationships, acknowledging cultural perspectives, understanding diversity of views and cultural practices within and between communities and respecting the need for community ownership and self-determined mobilisation of First Peoples involvement with research. This culturally appropriate methodology has been developed in partnership with individuals, family groups and community leaders, who are directly involved in genomic research. It provides a model for First Peoples to play an invested and sustaining role in the future development of genome science and precision medicine.

Book part
Publication date: 6 December 2018

Pablo Hernández-Marrero, Sandra Martins Pereira, Joana Araújo and Ana Sofia Carvalho

This chapter aims to provide an overview of the ethical framework and decision-making in clinical dementia research, and to analyze and discuss the ethical challenges and issues…

Abstract

This chapter aims to provide an overview of the ethical framework and decision-making in clinical dementia research, and to analyze and discuss the ethical challenges and issues that can arise when conducting clinical dementia research.

Informed consent is the most scrutinized and controversial aspect of clinical research ethics. In clinical dementia research, assessing decision-making capacity may be challenging as the nature and progress of each disease influences decision-making capacity in diverse ways. Persons with dementia represent a vulnerable population deserving special attention when developing, implementing, and evaluating the informed consent process. In this chapter, particular attention will be given to vulnerability categories and how these influence decision-making capacity. Ethical frameworks with a pragmatic contour and implication are needed to protect vulnerable patients from potential harms and ensure their optimal participation in clinical dementia research.

In addition, this chapter analyses important ethical challenges and issues in clinical dementia research. If handled thoughtfully, they would not pose insuperable barriers to research. But if they are ignored, they could slow the research process, alienate potential study subjects and cause harm to research participants. Ethical considerations in research involving persons with dementia primarily concern the representation of the interests of the participants with dementia and protection of their vulnerabilities and rights.

A core set of ethical questions and recommendations are drawn to aid researchers, institutional review boards and potential research participants in the process of participating in clinical dementia research.

Details

Ethics and Integrity in Health and Life Sciences Research
Type: Book
ISBN: 978-1-78743-572-8

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Article
Publication date: 19 April 2011

Penny Brooker

The purpose of this paper is to examine the codes of professional conduct observed by construction mediators in England and Wales with the aim of assessing whether they raise…

1455

Abstract

Purpose

The purpose of this paper is to examine the codes of professional conduct observed by construction mediators in England and Wales with the aim of assessing whether they raise awareness about party self‐determination and inform users about variations in mediator approaches.

Design/methodology/approach

The research collated a list of construction mediation providers drawn from members of the Civil Mediation Council, professional bodies working in construction and other leading providers. A search was then made of mediation providers' web sites to find published codes of conduct.

Findings

A substantial number of providers do not emphasize party self‐determination or the steps taken to inform users about mediator approaches in their online codes. Some organisations provide online access to “Mediation Agreements” which determine how the process and mediator approach is selected but generally codes do not place a specific duty on mediators to ensure parties enter mediation with informed consent about their approach.

Research limitations/implications

Online searches may not have found specific mediator codes if organisations publish overarching professional codes of practice for members, if the documents labels do not identify them as a mediator code, or if web sites are not searchable. Further research should investigate how codes of conduct affect construction mediators' practice.

Practical implications

Codes of conduct from countries and international organisations provide exemplars of good practice. Mediation providers in England and Wales should consider revising mediator codes to give weight to the principle of party self‐determination and to articulate a duty that mediators inform users about their approach to ensure they obtain informed consent.

Originality/value

This is an original analysis of construction codes of conduct observed by mediators in England and Wales. A comparative analysis of codes from international sources contributes to the current debate on regulation and future policy developments.

Details

International Journal of Law in the Built Environment, vol. 3 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

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