Search results

1 – 10 of 685
Book part
Publication date: 28 February 2022

Jacqueline H. Stephenson

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case…

Abstract

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case arguments, and legislative enactments. Whilst the former has had limited success, the passage of legislation has proved instrumental, not only in containing the perpetration of discrimination based on protected grounds but also in increasing awareness of the disadvantages which result from the disparate treatment meted out to persons as a result of their immutable characteristics. Disabilities are one such grounds. Where legislation exists, it typically prohibits disparate treatment in relation to persons with disabilities in the areas of employment, education, and the provision of goods and services. This chapter analyses a sample of discrimination cases, with claimants who have alleged discrimination based on their diagnosis of autism or a related disorder within the autism spectrum. These cases are within the United Kingdom and have been decided by Employment Tribunals in England. The cases and decisions are held at the office of the Employment Tribunal Service in Suffolk and are accessible via their online repository. The sample of Tribunal cases presented here relate to various employment practices within British workplaces.

Book part
Publication date: 30 June 2011

Sandra Brunnegger

The recognition of indigenous law in the 1991 Colombian Constitution initiated significant social, political, and cultural transformations within indigenous communities. This…

Abstract

The recognition of indigenous law in the 1991 Colombian Constitution initiated significant social, political, and cultural transformations within indigenous communities. This article explores how the indigenous law of Pijao communities in Tolima is being constructed, imagined and (re)produced by indigenous leaders who are simultaneously staking out their own political position through an engagement with these processes. The article suggests that this new generation of indigenous leaders seeks to ground its political legitimacy by drawing on the (legal) realm of the state; at the same time, challenges to its legitimacy are also increasingly framed in a legal idiom.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78052-080-3

Book part
Publication date: 1 July 2004

Richard O. Zerbe and Sunny Knott

Merger review policy among countries varies according to the weight given to consumers relative to producers. When both receive their full welfare weight it is said that the…

Abstract

Merger review policy among countries varies according to the weight given to consumers relative to producers. When both receive their full welfare weight it is said that the efficiencies defense is fully realized. No well-developed economic rationale has been given for giving more weight to consumers. Such a rationale is given here by considering equity and efficiency both as goods for which there is a willingness to pay. The willingness to pay approach not only provides a rationale for giving consumers greater weight as with, e.g. a price standard, but also shows how in principle the weight is to be derived. The merger of Superior Propane and ICG Propane in Canada raises issues of the tradeoff of equity and efficiency. The willingness to pay approach is applied to this merger as an illustration.

Details

Antitrust Law and Economics
Type: Book
ISBN: 978-0-76231-115-6

Abstract

Purpose

This chapter seeks to reveal what are the implications of the corporate social responsibility (CSR) debate on international investment law by focusing on the specific example of public health. The right to health is one of the human rights secured in international law and in the national legislation of a majority of States. This chapter will provide examples of investment cases concerning tobacco control measures, imposed by the Host States for the purpose of improving public health, though challenged by the tobacco companies under International Investment Agreements (IIAs) in investment tribunals. These specific examples cast rather general questions regarding the legal framework of international investment framework and its role in providing sufficient policy space for Host States to implement the public policies and to ensure that foreign companies adhere to the CSR standards.

Methodology/approach

In order to investigate what are the implications of the CSR debate on international investment law on the example of tobacco industry, the author performs a literature review and analyze two tobacco disputes and its possible implication on the public health debate and protection of foreign investors.

Findings

This case study illustrates the complex paradigm that interlink economic and human rights obligations of States on one side of the spectrum and property rights and social responsibilities of tobacco companies on the other side.

Originality/value of chapter

This chapter addresses a very topical and pertinent issue in public international law, namely: the role of public interest norms in the regime of foreign direct investment.

Details

Communicating Corporate Social Responsibility: Perspectives and Practice
Type: Book
ISBN: 978-1-78350-796-2

Keywords

Book part
Publication date: 15 October 2013

Caterine Arrabal Ward

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Abstract

Purpose

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Design/methodology/approach

What is required is an examination of prosecutions and judgments of the ICTY (International Criminal Tribunal for the former Yugoslavia), the ICTR (International Criminal Tribunal for Rwanda), the SCSL (Special Court for Sierra Leone) and the ICC (International Criminal Court). I employ an international law and gender studies approach.

Findings

To count as a crime against humanity, war rape must have been committed as part of a widespread attack on a civilian population. This reflects the idea that war rape is not based solely in the violation of a woman’s body. The problem is that war rapes occur absent the explicit purpose to destroy a community. This chapter provides insight to the historical background of wartime rape to scholars, feminist legal theorists, sociologists, NGOs and lawyers.

Originality/value

By alerting us to the fact that the international community appears to elevate violations of groups or communities over the violation of individual women during conflict, the chapter suggests that the human rights of women may not be fully protected.

Details

Gendered Perspectives on Conflict and Violence: Part A
Type: Book
ISBN: 978-1-78350-110-6

Keywords

Book part
Publication date: 30 December 2004

Sue Fernie and David Metcalf

In his review of theoretical and empirical research on grievance procedures, Lewin (1999) states that the “grievance procedure is widely regarded by scholars and practitioners as…

Abstract

In his review of theoretical and empirical research on grievance procedures, Lewin (1999) states that the “grievance procedure is widely regarded by scholars and practitioners as the centerpiece of union-management relations.” It is somewhat strange, then, that a trawl through British industrial relations publications for the 1980s and 1990s reveals very few dealing with the process for resolving employment disputes in unionised workplaces (usually articles about industrial tribunals, now called employment tribunals). Given this paucity of studies in unionised workplaces, it is less surprising that almost no research has been published recently on how employees and management in non-union firms go about dealing with individual conflict in the workplace today.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-1-84950-305-1

Book part
Publication date: 13 January 2021

Dennis Pepple and Nkem Adeleye

At the end of this chapter, learners should be able to:

  • Understand the meaning of grievance and disciplinary.
  • Understand the procedure for grievance and disciplinary.
  • Appreciate the…

Abstract

Learning Objectives

At the end of this chapter, learners should be able to:

  • Understand the meaning of grievance and disciplinary.

  • Understand the procedure for grievance and disciplinary.

  • Appreciate the critical role of the Advisory, Conciliation and Arbitration Service.

  • Understand the step by step guide for the analysis involved in basic award computation

Understand the meaning of grievance and disciplinary.

Understand the procedure for grievance and disciplinary.

Appreciate the critical role of the Advisory, Conciliation and Arbitration Service.

Understand the step by step guide for the analysis involved in basic award computation

Details

Financial and Managerial Aspects in Human Resource Management: A Practical Guide
Type: Book
ISBN: 978-1-83909-612-9

Keywords

Abstract

Details

Public Policy and Governance Frontiers in New Zealand
Type: Book
ISBN: 978-1-83867-455-7

Abstract

Details

Management for Scientists
Type: Book
ISBN: 978-1-78769-203-9

Abstract

Details

The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

1 – 10 of 685