Comments are closed. Don’t get caught out when disciplining for theft. Sue Nickson looks at the correct procedures to follow to ensure asatisfactory outcomeBreach of contractSarah has worked at the hotel as a cleaner for the past six months.During this time some money has gone missing but no disciplinary action hasbeen taken against her. She has now been told she has not passed theprobationary period because of these incidents. She has claimed that the hotelshould have followed procedure set out in the disciplinary policy. Sue Nickson comments: If there is a contractual disciplinaryprocedure then the employee will be able to claim that a failure to follow itis a breach of contract. Many employers will be able to avoid the potential forthis type of claim by expressly providing in the contract that the disciplinaryprocedures are excluded during the probationary period. However, the employer’s right to exclude such provisions will be affected bydraft legislation that is going through Parliament. When the provisions of theEmployment Bill 2002 are implemented all employers will be required to have acontractual disciplinary procedure. This will mean that at the very least theemployer will have to put the allegations in writing to the employee, hold adisciplinary hearing at which the employee will be able to make representationsand provide for a right of appeal. A recent decision of the Court of Session in the case of King v Universityof St Andrews, 2002, IRLR 252 has confirmed the fact that during aninvestigation and disciplinary process the implied term of mutual trust andconfidence still applies. It is only later when a decision to dismiss hasactually been made that the term will not be implied in the contract ofemployment. This is likely to widen the scope for employees to be able to bring a claimfor breach of contract should the employer fail to comply with the spirit ofthe contractual disciplinary procedures. EmbezzlementBill has worked as the manager at the Bates Hotel Hi Class Restaurantfor the past 18 months. A recent audit has revealed a number of discrepanciesin relation to the stock and cash records. Bill is called into a meeting andadmits that he paid sale proceeds into his own bank account. However, he hadalways intended to purchase replacement stock with this money. He is summarilydismissed. SN comments: The reaction of most employers would be that theemployee who admits taking company funds and paying them into his private bankaccount could be summarily dismissed. However, take care to consider whether afull and fair process has been followed. Here the employer does not appear tohave carried out an investigation beyond establishing that the monies were paidinto the employee’s bank account. In the recent case of OHR v Possante, the Employment Appeal Tribunal foundthere had been a failure to investigate adequately in very similarcircumstances. Possante had been a restaurant manager and in charge of winestocks. A stock check found 45 bottles of wine were missing. His explanationwas that the bottles had been sold and the proceeds placed into his own bankaccount ready for him to buy replacements. He was summarily dismissed despitehis explanation and the fact that the hotel manager confirmed this practice hadbeen followed for the previous 18 months. The dismissal was ruled to be unfairbecause of the employer’s failure to investigate further. There may have beenrecords to substantiate the fact he had purchased replacement bottles over aperiod of time or grounds to support his claim that there were security issuesin the hotel. In 1988 the House of Lords ruled in the case of Polkey v AE Dayton Services,1988, ICR 142, that the dismissal of an employee without following a properprocedure was unfair. Before this decision, a tribunal may have found adismissal in such circumstances fair if satisfied that the employee would havebeen dismissed even if a full procedure had been followed. The judgement allowedfor only the limited exception that dismissal procedures could reasonably bedispensed with where the offence is so heinous that a reasonable employerfollowing good employment practice could conclude that no explanation ormitigation would possibly make any difference to the decision to dismiss. However, a partial reversal of this rule could result from the provisions ofthe Employment Bill 2002 when it comes into force. An employee will notnecessarily be dismissed unfairly even when the employer has not followed thefull contractual disciplinary procedure. While the employer will still have tofollow the statutory procedure the tribunal may find that it made no differenceto the end result and the dismissal may be found to be fair. Protected disclosureAndrew was recently employed as a security guard at the hotel. He hadplaced a large sum of money that had been left in one of the rooms in the hotelsafe. He told the head of security who told him that he would sort it out. Aweek later Andrew found that the money was missing and he contacted the generalmanager about its disappearance. He was then dismissed on the grounds that hewas making trouble about the missing money. SN comments: Generally an employee needs to have one year’s serviceto bring a claim for unfair dismissal. Here no procedures have been followedbefore the dismissal and there do not appear to be any fair grounds for thedismissal. It appears to be an unfair dismissal but as Andrew has less than oneyear’s service he will not be able to bring a claim. However, Andrew may be able to take advantage of one of the exceptions tothe qualifying service requirement. Most of the exceptions relate to instances where an employee has beendismissed for a reason connected with asserting a statutory right. But the PublicInterest Disclosure Act 1998, as implemented by section 47 of the EmploymentRights Act 1996, gives protection to employees who have made a protecteddisclosure. The fact that Andrew reported to his employer that monies had gone missingwould appear to amount to a protected disclosure as it concerned what hebelieved was a criminal offence – theft. Under the whistleblowing provisions, the employee is not required to have ayear’s service in order to bring a claim of unfair dismissal. Probably of evenmore concern to the employer is the fact that any compensation for unfairdismissal will not be subject to the usual cap, which at present stands at£52,600. This could prove financially disastrous for a company as wasillustrated in a recent case where the employment tribunal found that thedismissed employee was nearing retirement age and was, therefore, unlikely tofind suitable employment again; on this basis it awarded the employee £293,000as compensation to take into account losses up to the date of retirement. Even if Andrew’s case was not a whistleblowing case, the employer might bein breach of contract by failing to follow the disciplinary procedures if theseare contractual (see Sarah’s case above). Unfair dismissalJim has worked in the hotel as a receptionist for several years. Anew head receptionist has complained to the general manager that some of theroom bills are not being processed in the correct way. Jim has already had awarning about the bills procedures and at a subsequent disciplinary hearing, afteradmitting that he was still following the old procedures, the head receptionistdismisses him. SN comments: Is the employer at risk of a claim? The allegations havebeen put to Jim and he has admitted the conduct complained of by the headreceptionist. To be fair the decision to dismiss must be within the range of reasonableresponses and as Jim has a previous warning for the same conduct it wouldappear to be so. However, in the case of Whitbread (t/a Whitbread Medway Inns) v Hall, 2001,ICR 699, a hotel manager was dismissed after admitting that he had guessedfigures for a stock control audit. He had previously had warnings about dealingwith stock control and was dismissed by his immediate manager. The EAT found the dismissal was within the range of reasonable responses,but the employer’s disciplinary process was so flawed that it rendered thedismissal unfair. A fair dismissal procedure was essential even where theemployee admitted misconduct. Here, the procedure followed before Jim’s dismissal appears to be flawed.The head receptionist not only conducts the disciplinary hearing as theemployee’s immediate supervisor but is also the person who initiated the investigation.This could be criticised on the grounds that he acted as both judge and juryin the complaint. Unless the firm can show it had such limited resources itcould only deal with the complaint in this way, the resulting dismissal will befound to be unfair. Sue Nickson is partner and national head of employment law at HammondSuddards Edge Previous Article Next Article Caught in the actOn 1 Jun 2002 in Personnel Today Related posts:No related photos.
The Vaca Muerta shale basin is situated in the Neuquen Basin in Northern Patagonia. (Credit: skeeze from Pixabay) PowerChina is reportedly planning to build railway in Argentina to move crude oil and natural gas from the Vaca Muerta shale region to the port city of Bahia Blanca.Stretching over an area of 30,000km², the Vaca Muerta shale basin is situated in the Neuquen Basin in Northern Patagonia.The basin is claimed to hold the one of the largest shale gas reserves and oil reserves in the world.PowerChina Argentina president Tu Shuiping was reported by Reuters as saying in an interview that the company is negotiating with Argentina’s state-owned rail entity ADIF for the development of the new rail project.New rail line to connect petrochemical and refinery hub with the isolated shale regionThe planned rail line is expected to serve as crucial link connecting the petrochemical and refinery hub and the isolated shale region in the country.Tu said: “There is a concrete plan that we have been working on for almost two years. We were talking with people from ADIF to see how the project can be presented and then seek joint financing.”He noted that the China could provide the financing support for the project, which is estimated to cost between $1.2bn and $1.5bn.Argentina Ministry of Transportation spokesman was reported by the news agency as saying: “There is dialogue with many companies” for Vaca Muerta infrastructure, but plans are undefined at the moment.The rail line can also be used to ship food as well as sand for hydraulic fracturing, or fracking, Tu added.Last year, ExxonMobil announced its decision to move ahead with the long-term development of Bajo del Choique-La Invernada block in Vaca Muerta Basin.The Bajo del Choique-La Invernada block is located about 93km northwest of Añelo and 183km northwest of Neuquén city. Estimated to cost between $1.2bn and $1.5bn, the rail line will also transport sand for hydraulic fracturing, or fracking
View post tag: Naval View post tag: Spanish Navy June 10, 2015 Share this article Back to overview,Home naval-today Spanish Navy’s Alborán Ends Fisheries Campaign View post tag: Alborán View post tag: Navy View post tag: europe Spanish Navy’s Alborán Ends Fisheries Campaign View post tag: Campaign Authorities View post tag: Fisheries The Spanish Navy patrol boat ‘Alborán’ has returned to Cartagena after a 40-day deployment participating in this year’s NEAFC (North-East Atlantic Fisheries Commission) seasonal campaign in the Irminger Sea, 210 miles south of Iceland.The Spanish Navy conducted 20 inspections of trawlers from different nationalities – Russian, Norwegian, Faroese, Icelandic, German and Spanish – to ensure conservation of fishery resources, particularly that of the redfish. During the campaign, the boat verified that trawlers in the area complied with existing regulations, including the appropriateness of the fishing gear employed.The ship’s medical personnel were available for fishermen requesting their services, in close coordination with the Icelandic Coast Guard Service and one of its patrol boats operating in the area, the ‘Thor’.The ‘Alborán’ embarked NEAFC inspectors from Spain, Poland and the United Kingdom. Additionally, two Spanish Navy ensigns from the Naval Academy also embarked to continue with their military training at sea.[mappress mapid=”16188″]Image: Spanish Navy View post tag: News by topic
A new commercial team has been unveiled at Finsbury Food Group following a staff reshuffle. Four members of staff have been repositioned in an effort to strengthen the company’s sales and marketing teams. The UK premium cake manufacturer has made Mark Bruce the new brand director. He was most recently sales and marketing director for Lightbody’s Celebration Cakes, a cake brand in Finsbury Food’s portfolio. He will be in charge of developing and driving forward brand plans for the various licenses held by Finsbury. John Steele has been appointed brand manager, and will be responsible for overseeing all Disney and Nestlé brand activity. Steele was previously national account manager for Lightbody. Joining the team will be Jo Fraser and Jim Dobson who have been appointed commercial controllers, and will oversee a team of national account managers and account executives. Fraser was most recently commercial manager for Lightbody, and Dobson was previously Finsbury Food’s general brand manager.“Each of these strategic positions is key to Finsbury Food’s determination to sustain and build upon success,” said Finsbury Food’s chief executive, Dave Brooks. “They show our commitment to investing in a team that can meet the needs of both retailers and end consumers.”
Fans of jamtronica pioneers STS9 waited nearly six years for the band’s last album, 2016’s The Universe Inside. Fortunately for them, it looks like the wait for a follow-up album is already over.In an unexpected move, the Santa Cruz-based five-piece just dropped a new, full-length record via their BandCamp subscription service. Titled Wave Spell: 9.17.2017, the release features nine songs that were recorded at the band’s new studio. In fact, the album’s description seems to suggest that the songs were all improvised over the course of a single studio session on September 17, 2017.STS9 debuted the title track for Wave Spell during their recent New Year’s Eve show at The Warfield in San Francisco, making it one of four new tunes that the band debuted during their three-night run at the venue. Interestingly, “Wave Spell” is the only one of those four songs that can be found on the new album. The other three—”Murmurs”, “Laia” and “The Presence of Light”—do not appear on the newly-released LP.You can purchase the new record here via BandCamp.A statement from STS9 reads:We’ve always dreamed of having our own studio, an “autonomous zone” where we could be free to let the music happen. Over the years we’ve had many different practice spaces. From basements to barns to makeshift rooms red-tagged by the city. In February of 2017 we moved into a new studio that truly feels like home. The ability to record ourselves live, to make it feel and sound like we’re on stage in the magic, has been a dream come true. It’s inspired us to be more prolific, to record everything and share more of our experience with our closest fans… Wave Spell is STS9 in its rawest form. Where we don’t talk about what we want to play, we just try and tap in to the moment and let the music happen. It’s a conversation where we speak solely with our instruments. A time where we’re completely free to explore. This series is dedicated to our belief that music is one of the most powerful forces in nature. It casts its spell through waveforms carrying sound and light, moving energy and frequencies through our mind, body and soul. Thank you for inspiring our Wave Spell. Can’t wait to see where it takes us… -STS9STS9 announced their new BandCamp subscription service two weeks ago. For $9.99 a month, the band is offering its fans access to a variety of musical content. As the group explained in a tweet, “In addition to all upcoming live sets, we will be releasing lots of improv jams, exclusive cuts, throwback shows from the vault + even taking special requests from YOU!”STS9 will return to the stage this weekend when they headline Gem & Jam Festival in Tucson, AZ.[Photo: Jeremy Scott]
Lastly, “There’s going to be a need for a reduction in the hubris and an increase in imagination, an increase in a kind of innate caution and prudence on the part of many in the financial sector” — though no enlightened regulatory scheme can save people from the hubris and a lack of imagination that resulted in the most recent economic crisis, he said. “It ultimately goes to an ethos of conservatism that has, to a very significant extent, been lost.”Ultimately, Summers said, business school education will need to help reshape how students think about the priorities of the financial industry and envision their roles in it.“It is a deep human tendency to be overconfident and to not recognize what [former Secretary of Defense Donald] Rumsfeld called the ‘unknown unknowns,’” Summers said. “How you develop good judgment — I don’t know how you teach it exactly. But I think that’s probably more important to teach than a certain number of platitudes about how it’s good to be ethical or a certain number of judgments about situations where you’re on the margins, so you could argue what’s ethical and what’s not ethical. But I think these questions of developing better judgment are a very important aspect of avoiding these problems in the future.” “A better compact between the public and private sectors,” the lack of which only stokes “a justified suspicion that, over time, there has been substantial overcoziness” between the regulated and the regulators. “I don’t know fully what the answer is,” he said, “but the next generation is going to have to do better than the last generation.” Don’t just do better, be better. That was the exhortation that students attending the 2013 Finance Conference at Harvard Business School received Sunday from economist Lawrence H. Summers.Summers, a former U.S. secretary of the Treasury, was sharply critical of the financial system’s flaws and excesses of the last 30 years and laid out his view of the fundamental changes that the next generation of financiers should make if substantive reform is to occur.From 1946 to 1980, there were relatively few crises and few victims at the hands of the U.S. financial system, he said. Since then, the system has been routinely fraught with casualties, culminating in the 2007–08 economic meltdown.“The financial system has not produced obvious benefit in terms an improved allocation of capital. It seems again and again to have been a source of instability and disruption for the lives of huge numbers of people outside of it. And … at least for the last 15 to 20 years, it has not really been very good for those who invested in it,” Summers said. “It’s not just yahoo populists who see something a little troubling about this picture.”Summers, president emeritus and Charles W. Eliot University Professor of Harvard University, has served in other top economic advisory positions in the federal government, including as director of the National Economic Council under President Obama. He was widely considered a frontrunner for chairman of the U.S. Federal Reserve before Obama named Vice Chairman Janet Yellen to the post last month.Looking back on his own career, Summers conceded that stronger financial reform regulations, like many included in the 2010 Dodd-Frank Act, “should have” been put in place back in the 1990s, but a failure of foresight and a political climate hostile to regulation prevented it from happening. He defended, however, the 1999 repeal of the Glass-Steagall Act limiting commercial banks in the securities industry, saying, “It didn’t change much, and what it did change didn’t contribute to the crisis.”Summers urged HBS students to consider three guiding principles as they embark on their careers:“Financial innovation for the benefit of people rather than for the benefit of money,” such as creating more-equitable lending schemes or consumer bank accounts.
SILVER SPRING, Md. (AP) — American factories grew in January, but at slower pace than the previous month. The Institute for Supply Management reported Monday that its gauge of manufacturing activity fell to 58.7% in January from 60.7% the previous month. The December reading was the index’s highest since it stood at 60.8% in August 2018. Any reading above 50 indicates expansion in the manufacturing sector. The January figure indicates expansion in the overall economy for the eighth straight month after contracting in March, April, and May. The U.S. economy was broadsided by the coronavirus outbreak from April through June, but since then manufacturing has largely recovered.
By Julieta Pelcastre/Diálogo March 14, 2017 Having been invited by the U.S. Navy’s Third Fleet, the Peruvian Navy (MPG, per its Spanish acronym), will attend the multinational amphibious exercise Dawn Blitz 2017 as an observer, with a view toward solidifying its active participation in the future. Because of its complexity, the amphibious exercise requires prior planning and coordination. In this context, U.S. authorities drew up three meetings in advance of the naval training. The first meeting was held from January 11th-13th. The second meeting will be from March 13th-17th, and the final meeting is scheduled for August 22nd-24th. The biennial naval exercise will take place between October 16th and October 30th, in San Diego, California. During their first preparatory meeting, the service members decided what different naval and marine units will participate in the event. They outlined the international naval event’s potential scenario and the tasks and activities to be carried out during the training, as well as what means and logistical requirements are required for the joint training among participating nations. For its part, Mexico will arrive with two ships and several aircraft. During the planning conference, U.S. forces told the participating navies they would “deploy the F-35 aircraft in support of the marines in the amphibious debarking exercise to achieve the proposed objectives,” Commander Hanna Eduardo Samaan De la Torre, operations chief for the Peruvian Marines, told Diálogo. The F-35 aircraft is capable of taking off and landing vertically in spaces that have reduced maneuverability. “From the perspective of development, the use of this technology is welcome. Our new threats are not only terrorism, drug trafficking or some other type of piracy that could occur in the region. The development of technology used by criminal organizations is also a new threat,” Admiral (R) Jorge Montoya Manrique, member of the Consultative Council of the Peruvian Navy’s Commander General, told Diálogo. “These groups have a lot of money to invest in state-of-the-art technology and turn the Pacific into an inferno. It is important not to lose sight of that.” Under the auspices of the U.S. Navy, the objective of the exercise is to train their Navy and Marine Corps while building the operational response and reaction capacities of partner maritime forces participating in the event. Dawn Blitz 2017 will put the military units to the test as they plan and execute amphibious operations. Partner nations The U.S. and Mexican naval and marine units will contribute a wide range of vessels, aircraft, and personnel, who will use the latest technologies and exercise techniques to ensure a successful land and sea training. After the participation of the Chilean and Colombian navies in Dawn Blitz 2015, observers from Peru, Colombia, and Chile will take part of the 2017 event. . The Peruvian Ministry of Defense approved the participation of three marines and two MGP officers trained in surface warfare. The officials will be integrated into the Joint Staff of the Multinational Force of the naval exercise. They will participate in the operations, logistics, and aviation sections “to contribute with our experience to the detailed, joint planning of all the activities or actions carried out during and after an amphibious debarkation,” reported Cmdr. De la Torre, who attended the initial planning conference. Since Dawn Blitz began in 2010, the Peruvian Navy has periodically attended the event as an observer. “U.S. Southern Command’s invitation to participate in the multinational exercise is with a view toward future collaboration. It is possible we might join the debarking force and the surface groups in the 2019 version,” Cmdr. De la Torre said. “In time, the MGP will increase its participation, from observer to active participant. It is crucial for this naval institution to keep up its performance in the international arena, as it has been doing,” Adm. Montoya said. Practicing complex amphibious and interoperability operations is done in a difficult, stressful environment that provides the Peruvian participants with the opportunity to learn tactics, techniques, and procedures on how to carry out a multinational amphibious debarkation. They can then share what they have learned with other officers in their units. Doctrine and interaction will be the immediate challenges during DB-17. “Getting to the point of having a shared doctrine and enriching it with the experiences of each of the exercise’s participating countries is not easy,” Adm. Montoya remarked. “A major challenge in amphibious debarkations is joint interaction between surface forces and the marines,” Cmdr. De la Torre added. Continuous preparation In October 2016, a team from the recently formed Engineer Battalion of the Peruvian Marines participated in the Koa Moa 2016 exercise in preparation for UNITAS 2017, the U.S. Navy’s longest-running multinational exercise, the goal of which is to train and increase the interoperability of Latin American navies. Peru also commanded the maritime component of PANAMAX for the first time in 2016. The mission of the annual multinational exercise organized by SOUTHCOM is to protect the Panama Canal and the surrounding areas. “Dawn Blitz, UNITAS, and PANAMAX are like a transfer channel for carrying out real operations with sufficient security and conviction,” Cmdr. De la Torre said. “Ultimately, they also help make the Americas bigger,” Adm. Montoya added. Peru is building two multi-purpose vessels for troop support. “Developing our capacities is parallel to developing these multinational exercises,” Cmdr. De la Torre said. “In a few years, the MGP will be able to participate [in Dawn Blitz 2019] with these types of units. We all want peace, but you build peace with decisive action,” Adm. Montoya concluded.
Croatia is one of the world’s favorite tourist destinations, which can be confirmed by as many as 18,5 million tourists who visited it last year. Just before the upcoming tourist season, our country has become an even more interesting destination – with the new edition of the Priceless Croatia project, which offers almost 50 unique and exclusive experiences in destinations throughout Croatia.Global digital platform Priceless Cities offers tourist experiences to Mastercard card users in a total of 42 destinations, thus promoting the tourist offer of numerous world and now Croatian destinations among travelers from 87 countries around the world. Apart from tourists, the experiences are also available to locals, and the opportunities offered by Priceless Croatia relate to gastronomic, cultural and entertainment facilities that allow users to experience the country in a completely new and unique way.”Our studies indicate that consumers instead of buying material are increasingly striving to discover authentic experiences and experiences. So, they prefer to use money to experience the world. This is exactly what the Priceless Cities platform is based on, offering Mastercard card users access to thousands of unique experiences inaccessible to others. We are delighted that Priceless Croatia is experiencing its second, expanded edition, because the natural beauties of our country, rich gastronomy and cultural heritage make it an excellent platform for invaluable experiences “, said Gea Kariž, Marketing Director at Mastercard for Croatia.After registration, Mastercard card users from all over the world can experience gladiator fights in one of the six largest Roman amphitheaters, participate in the Pula Film Festival, experience the oldest Croatian street festival Špancirfest as a VIP visitor, discover the secret of beer production in San Servol, Istria, taste the world’s best olive oil. oil, enjoy wine tasting and dinner prepared from an organic garden, reveal the secrets of Dubrovnik during the Dubrovnik Summer Festival, be backstage at the Ultra Europe festival, get to know the dark side of Zagreb from the Middle Ages onwards, discover the sunniest Croatian island and long wine tradition, enjoy on a private boat in Šibenik, a Jessie Ware concert or lunch with a famous Croatian chef while riding a balloon in the clouds and much more.”We are proud that, together with our partners, domestic and foreign Mastercard card users, we can offer unique experiences and unforgettable memories. By joining the Priceless Cities program, Croatia seeks to reward consumers for their loyalty and continue to encourage non-cash transactions. At the same time, in cooperation with traders, we tried to improve the local tourist offer, which encourages the positioning of our country as an attractive tourist destination.”Said Sanja Žigić, director of Mastercard in Croatia.
51 Mandalay St, Fig Tree Pocket. 51 Mandalay St, Fig Tree Pocket. 51 Mandalay St, Fig Tree Pocket.NGU Realestate — East Brisbane selling agent Emil Juresic said the generous size of the home, combined with its proximity to Brisbane’s CBD, made it an ideal purchase for a family seeking privacy, convenience and a touch of luxury.The property is close to parks, Lone Pine Koala Sanctuary and several schools. Brett Shepherd and his wife Julie are ready to downsize from their beautiful seven-bedroom, three-bathroom home at Fig Tree Pocket. A builder with AusHomes, Mr Shepherd moved into the house he built in 2009.He said their children had grown up and left home.“It’s just too big for us,” Mr Shepherd said.“It’s an absolutely gorgeous home, it’s north-facing up the river.“It’s the most peaceful, tranquil place to live in.” 51 Mandalay St, Fig Tree Pocket.Mr Shepherd said he enjoyed waking up every morning to the birds singing outside.He said the home had every mod con known to mankind including Cbus lighting, two balconies, a cinema, study, a salt water swimming pool and fountains, and security intercom.More from newsDigital inspection tool proves a property boon for REA website3 Apr 2020The Camira homestead where kids roamed free28 May 2019Mr Shepherd said his favourite part of the house was the outside area.“I love sitting outside, overlooking the river and the pool,” he said.“This home has water views from every aspect.” 51 Mandalay St, Fig Tree Pocket.The Shepherd’s have had many memories living in the home including birthdays and anniversaries.“Many memories are made when you raise a family,” he said.“I’d be happy to live here forever however this home needs another family to move into it.”