Sunday, April 19, 2009
A Collection of Quotes By Prof.Madurasinghe
Even though humans are preoccupied with the development of the mind, the key to unleashing true potential lies in awakening the heart which is central to all living. With a shift from head to heart, it would weaken the hold of " Ego" and have a puissant impact on the person to Live, Love , Learn and Laugh, which is the beginning of enlightened living.
There is a tremendous potential lying within each of us to be realized. Once realized and engaged, we will be able to live life to the fullest with peace, joy and sound mental and physical health.
To be an effective individual, Competence, alone will not suffice. It should be coupled with an ongoing Commitment to God, exemplary Character and an enlivened "Inner Consciousness .
The fundamental problem is with our negative thinking and inner "ego impulses" that yield negative poor results which continually drain our energy.
By allowing the thinking habits to be free from traps laid by the ego for its own fulfillment, and bringing them into heart's focus and captivity we will attract positive energy that correct the outcome and give a greater benefit to all.
Negative traits, such as pride, hatred, deceit, anger etc. which are within us cause stress and irritability on our nervous systems that cause mental and physical dis-ease. These must be eliminated in order to have a fully productive, participatory role in life.
When we have overcome the inner impulses and transcended the sphere of relative interactions, we have freed ourselves from the traps of the mind. Then we have really fallen on top of our own minds.
Negative traits must be replaced with positive units of love ,concern and care for others which will only blossom through our deep inner awareness and openness to reality. This would give peace to us and to others around us.
All forms of life is precious. Therefore, every effort needs to be taken to protect human, animal, plant life and their rights, and the civil government established in our countries.
Even though knowledge could be acquired from diverse sources, our full development of comes gradually with the blossoming of wisdom as we live closest to God, regular meditating on higher things, coupled with unhurried, focused, tolerant and humble behaviour.
Foundations of E-Consciousness
Overview
Throughout the twentieth century, the dominant paradigm of management has been changing. As a consequence, there has been an evolution in the concept of leadership and in the way executives think about business strategy . The trend in both leadership and strategy began with an emphasis on the concrete or material aspects of business and focused on production. This was followed by progressively subtler interpretations of business enterprise that emphasized the importance of the human element.
Contemporary thinking about both leadership and strategy focus attention on the knowledge base of the firm and emphasizes the value of creativity and learning in organizations.
However , I wish to emphasize that in the twenty- first century, management surpasses even this level and will be based not only on knowledge but on " knowingness" – a comprehensive consciousness based model which explores inner realities that touch sensitive core values hitherto unexplored.
The transition of management thought towards the emphasis on continuous learning and leadership at all levels in a learning organization is a progression beyond organizational processes. In the latter part of the century, management scholars attempted to identify the true depository of knowledge in organizations. Recognizing that organizations are indeed knowledge- based, they wanted to know how and where in an organization knowledge actually resides.
Historically the answer has been that it can be found in the databases, files, and accounting systems of the firm, because knowledge contained there is owned and fully controlled by the Institution. But a deeper analysis revealed that a company's knowledge lies in the Human Resources. These apply to all levels of staff. The true depository of knowledge in the institution is therefore the consciousness of the knower himself.
My own research has revealed that until and unless the inner core of a person is radically transformed, training undertaken at the outer superficial sensory level will not be sufficient enough to penetrate deep down and make an inner transformation at the "Core" or at an integral level. This is the level that human beings have often sensed, or have often felt a need for, which is broader or larger or fuller than the ordinary world, and in some sense lies "beyond" the threshold which normally bounds our existence.
What are some of the results of transcendence experiences of the sort instanced above? In the first place, it is likely that these are experiences of a very high order, of the sort Maslow terms "peak experiences", in which the individual is most alive, most healthy, and at the peak of his capabilities. Maslow allows for gradations in peak experiences, and would fit this sort of experience high on the scale, perhaps as the intense most type of peak experience. The results that accrue as a result of peak experiences are: positive changes in the self image, positive changes in interpersonal relationships, remission of neurotic symptoms (at least for a time), increased creativity, increased spontaneity and self-expression, and so on, in the realm of psychological improvement.
There is significant evidence that altered states of consciousness hold major personality growth, improved interpersonal relationships, and an enhanced potential for significant psychological benefit, i.e., that ASC experiences are often avenues leading toward therapeutic effect and psychological growth. Some ASCs, in other words, have therapeutic significance for the human person in that they effect positive psychological changes in the person, changes ranging in value from learning control over habit patterns (primarily with Deep Meditation , Bio- Feedback and hypnosis), all the way up to ability to live fully.
Such personality changes, most of which are mediated via noetic insight (i.e., self understanding), may be called therapeutic changes if they result in the remission of psychological disorders (e.g., neuroses or psychoses), or the changes may be called personality growth if they are a movement from psychological normality to a state of being which is healthier than the normal.
Therefore , any outside developmental activities devoid of such inner alteration will only yield short term results which any Organization can ill afford at this juncture when every effort is being made towards accelerated development.
Strategies with a narrow focus would then leave much " Head" knowledge but little or no "Heart" value shift, thus in the long term leaving the person with an inner sense of restlessness and emptiness which contributes in no small measure to producing superficial leaders devoid of substance, highly stressed nervous systems and as it has been reveled in Criminology , the possibility of latent criminal tendencies activated.
Today everywhere we witness a steady erosion of values and morals and an immense shortage of leaders of substance. Our alcohol consumption, drug addiction, prostitution and suicide rates are leading indicators of our deep inner restlessness and a vacuum within. Vacuous minds can only produce vacuous thoughts so we witness a bandwagon of leaders who promote outer show to cover up their rotten inner core.
The recent international examples, such as, ruthless leaders of the caliber of Bin Laden or deceitful leaders like those in ENRON, make us question the very concept of leadership. It was reported that one top leader of ENRON, Charles Baxter had committed suicide a few days ago. At the superficial level Baxter was also a top leader, ruthless, Type- A, winning the admiration of his subordinates, kind and generous to staff- yet at the inner core he was unsettled and corrupt. ENRON was one of the companies that had the best industrial relations, vacations, bonuses and all that an employee dreamed of. Alas, they turned out to be dreams only.
There was no harmony or inner calmness within - but conflict consumed him and led to a depression that cost his life. Today in our own country and at various leading organizations also there are hundreds of Managers and Executives who are driven by unrealistic demands that may reach their limit if the tendency is not reversed. Ulcers , High blood pressure & coronaries have a close connection with a stressed up nervous system, and cancer at the root of hopelessness.
Organisation culture and management style can be a source of stress. Poor communications and indifferent leadership also create anxiety. Lack of competence causes stress too. This may arise from poor selection practices at the time of recruitment, promotion or transfer. It may arise because people have been inadequately trained for the new job. Social and economic events outside the employment relationship cause stress and need to be considered.
Research has found that the way people are managed is the biggest influence on employee attitudes. Adoption of enlightened management practices, (e.g. job design, skills development, involvement, work environment and culture, and effective occupational health programmes) is the basis for a positive psychological contract. In turn, a carefully thought through psychological contract supports organisational commitment and job satisfaction - which are associated with higher productivity and profitability.
People who feel under excessive pressure are likely to be working long hours and have a poor psychological contract. Those who find pressure motivating on the other hand also have high levels of commitment, this suggests that a positive psychological contract can help reduce feelings of uncomfortable pressure and help people deal with circumstances. In turn, this will have a payoff in terms of increased performance, job satisfaction and enhanced well-being. However those with a poor psychological contract who are under continual pressure and working harder and longer are likely to suffer stress. This will result in increased sickness absence, job dissatisfaction and quitting the job.
Today we witness a further alarming trend, a tendency towards cynicism . The only thing that matters is whether you succeed or not . everything is subordinated to success . At this level of reasoning, if you achieve the end the means do not matter. Now that is the hallmark of cynicism.
The teachers and trainers cater to this group by arranging hundreds of hours of training , with scant regard to programmes that develop use of full brain potential, creativity, reversal of negative emotions of the past etc that releases a person's true potential. With only the horrendous "Outer show" and our tendency to focus on short term results, lack of strategic focus, the prospects are bleak and they stand as a monument to the repercussions that will be felt for decades to come.
Is there as way out
Along with various value added training programmes that impart knowledge and diverse skills, specific attention should be focused on the transformation of the leader himself at the deeper level. With that inner radiance now released he or she will be able to lead a calmer, more focused life. This would facilitate an inner dialogue and correct any negative impressions of the past and open the valve of inner release. He will think for himself, develop assertive skills , creativity, higher job satisfaction, and move away from the IQ trap to EQ – Emotional Intelligence and beyond to SQ , the spiritual intelligence.
Then you will come across an enlightened leader.
This would also increase the creativity and inter- personal skills that would contribute enormously to bring about a society focused on higher values and maintaining unity in diversity, a sure way of laying a foundation for a culture of inner and outer peace. This truly would then become transformational leadership. Downplaying this element and engaging only at sensory level is bound to fail.
What is unique with E- CONSCIOUSNESS
For the first time I am happy to introduce the concept of transformation from e- business to e-consciousness which will help tap the " Collective Consciousness" of the organization to gain lasting results.
The elements discovered and the methodology are all unique and original. We encourage the participants to explore the inner realities and revisit Einstein's famous equation E=MC ^2 now with consciousness added which emancipates and energizes both simultaneously while helping extinguish the raging fires within that makes one helpless if not hopeless.
The therapeutic effects of Altered States of Consciousness
There is significant evidence that altered states of consciousness hold potential for significant psychological benefit, i.e., that ASC experiences are often avenues leading toward therapeutic effect and psychological growth. Some ASCs, in other words, have therapeutic significance for the human person in that they effect positive psychological changes in the person, changes ranging in value from learning control over habit patterns (primarily with Deep Meditation , Bio- Feedback and hypnosis), all the way up to major personality growth, improved interpersonal relationships, and an enhanced ability to live fully.
Such personality changes, most of which are mediated via noetic insight (i.e., self understanding), may be called therapeutic changes if they result in the remission of psychological disorders (e.g., neuroses or psychoses), or the changes may be called personality growth if they are a movement from psychological normality to a state of being which is healthier than the normal.
The concept of psychological growth is by no means a simple matter, for if we are going to say that a person has made psychological progress away from disease and toward health, we must have some pre-established notion of what we mean by disease and health. In some cases, of course, there is very little of this theoretical problem. For example, a man suffering from compulsive eating habits which have lead him to excessive obesity seeks out a psychiatrist who hypnotizes him, suggests that the compulsion disappear, that he return to normal eating habits, and that his weight then slowly return to normal. The suggestion is effective, and within a year the man has returned to normal weight, his compulsion completely gone. The therapeutic process may, of course, have taken several sessions and may even have included some psychoanalysis, but the point I wish to emphasize here is that the compulsion was eradicated. In cases of this sort there is very little, if any, theoretical question about what is disease behavior and what is healthy behavior.
Similarly, there is very little, if any, theoretical problem in cases involving other sorts of compulsions, phobias, anxieties, and the like, which can be helped with hypnosis, dream work, phantasy techniques, systematic desensitization, and other therapies which involve the use of ASCs. Nor does the theoretical problem about what constitutes disease and health arise in the case of manifest psychoses that involve extreme nightmarish, waking hallucinations of the most painful and terrorizing sort. In these cases, the subject wishes to terminate the symptoms, the psychiatrist considers them sick, and there is no question but that to terminate the symptoms would be a positive step toward greater mental health. Thus, when we are dealing with symptoms which are manifestly maladaptive, painful, and destructive, which both the patient and doctor would like to be rid of, there is no question about what constitutes a move toward health.
The question becomes a bit subtler, however, in the case of a "normal" individual who seeks "greater fulfillment", or a "fuller life", or "greater happiness". In this sort of situation, the struggle is not form disease to health (as in the former cases), but is rather form a state of normally toward something healthier than just the average. Physicians have begun to think in terms of higher and higher degrees of healthiness, and psychiatrists (and psychologists) for a long time have been speaking of supra-normal psychological health. But how can we define that supra-normal psychological health? This will certainly be a concern if we are ever to claim that one who is already "normal" now makes progress in the direction of greater psychological health, for it can legitimately be asked; just what constitutes greater psychological health?
Now I do not wish to minimize the importance of this problem, rather I wish to emphasize its importance for the difficult task of assessing personality growth. Yet, on the other hand, it seems to be the sort of question that is best answered by the theoretical psychologists. I shall rely specifically on the ideas of the humanistic school of psychology, sometimes referred to as "third force" psychology, represented by the work of Gordon Allport, Carl Rogers, Fritz Perls, Victor Frakl, and Abraham Maslow. I shall rely specifically on one central concept that has been developed in that school of thought and that is the concept one full humanness, or rather the concept of approaching full humanness. That concept declares that some persons are more or less fully human than others, i.e., that some persons have actualized more of their potential for humanness than others. Maslow, in this connection, speaks of self-actualizing persons, applying the term to those persons who are well involved in the process of actualizing their potential for full humanness. Without examining the matter in all its detail, it will suffice here to mention only a few of the characteristics of self-actualizing persons. They are generally more creative, more spontaneous, are very much engaged in what is to them a life-important task, they seek solitude and enjoy it more than average persons, are more able to fully engage themselves in a task or project or concern, and are less ego-conscious and timid. They are generally more concerned with the traditionally "higher" or nobler values (Maslow's B-values), such as truth, justice, liberty, moral goodness, beauty, authenticity, and so on. Their interpersonal relationships are more fruitful than most, less superficial, and more in line with Buber's concept of the I-Thou way of being (Maslow's B-Love, Rogers' unconditional positive regard). Self-actualizing persons, to add one final characteristic, are more acceptant of them selves (in Fromm's sense of self love, or self-esteem), more acceptant of others, and generally more acceptant of the cosmos and their being in it. They are, in other words, healthier persons than the average, and they are healthier in the sense that they are more human, more free, more fully expressive of their person hood.
With this notion of full humanness in mind, for which notion I have relied on the work of the psychologists we can now considered the theoretical question mentioned earlier: what does it mean to say that a person has experienced therapeutic benefits from ASCs, or what does it mean to say that he has undergone personal growth? In light of the above considerations, I take it to mean that he has made progress toward approaching fuller humanness. Perhaps he has removed some obstacles of blockages (therapeutic remission of neurotic or psychotic symptoms), or perhaps he has found the strength to take steps he had never before taken, or perhaps he discovered something which allowed him to move in a direction that he had previously not been able to see.
For whatever reason, personal growth means the movement toward a greater actualization of human potential; in Maslow's terms, toward greater self-actualization.
Keeping this in mind, it can now be said that in innumerable cases ASCs are responsible for personal growth. In fact personal growth occurs, to one degree or another, in ASC experiences at all experiential levels, from the more shallow sensory level to the most profound integral level. It must also be said, however, that the deeper the level of the ASC experience, the more profound and thorough-going will be the personality growth. For example, the growth that occurs as a result of peak experiences at the sensory level will be far less profound, far less thorough-going, and likely to concern only certain aspects of the personality; whereas growth that occurs as a result of ASC experience at the deepest integral level is likely to be more profound, more lasting, more complete, and likely to concern one's entire person hood from top to bottom. One is liable, in that case, to find his whole being re-oriented, liable to find that his foundations have been shaken and rebuilt anew, and that he has been, so to speak, reborn as a new person. So personal growth occurs as a result of ASC experiences at all of the various levels, but is more profound, lasting, and complete if it occurs as a result of ASC experiences at the deeper levels.
The personal growth that occurs as a result of ASC experience at the sensory level, the lightest of the four levels, is likely to be along the lines suggested by Maslow as after effects of peak experiences: the person will feel more integrated, less at odds with himself, more creative, more expressive of himself, more perceptive, better able to relate openly with other persons, more acceptant of self and others, etc. This in fact is what is meant by personal growth, but at this more shallow sensory level, the change will likely not be so fully profound as in deeper levels. At the recollective-analytic level, the level of human consciousness that Freud was so aware of with is emphasis on dreams, free association, phantasy, hypnotic revivification, and the like, similar personal growth can take place. Freud was well aware of this, and was also aware that the completeness of growth depended on how deeply a person was able too go into his subconscious, and then how well he was able subsequently integrate that material into his waking consciousness. Freud was well aware that personality growth depends on integration of the different layers of human consciousness, but he was aware of only two of these layers, the waking consciousness and the personal sub consciousness (which is the layer probed at the recollective-analytic level of ASC experience). Personal growth, thirdly, can take place as a result of ASC experience at the symbolic level of consciousness, one stop deeper than the first two, and growth that occurs at this level will be far more profound than at the previous two levels. It is at this level, as C.G. Jung was well aware, that the person experiences the more primitive, the more ancient levels of this being, the deep primordial foundations of his being, foundations which underlie everything that has more recently been built upon them. It is at this symbolic level that the person plunges far deeper than the level of his personal subconscious, and begins to explore the vast regions of the collective unconscious, the regions in which are found the great symbolic archetypes described so effectively by Jung. Here again personal growth occurs, though now it will be far more complete and fundamental than that which occurs at earlier, shallower levels of consciousness. And here again, as Jung was also fully aware, growth occurs as a result of integration of the different levels of consciousness. It is not enough that one simply experience these various levels, but he must somehow assimilate their contents, and integrate the matter found there with the other levels of his being. Profound personal growth toward fuller awareness, fuller humanness, fuller being in the world, can occur as a result of such integration. Finally personal growth can occur at the most fundamental level, the integral level, and here the growth is most profound, most complete, and most lasting, as a survey of the great mystics will quickly show. James and Poulainand Underhillhave recorded such profound changes in a person's being as a result of mystical experience. Here the experiences are most fully integrated into the total being of the person (hence the term "integral" level), and affect all the various dimensions of his self, and his relations with the world. At this level a person finds himself able to integrate all the various layers of his existence, all the various levels of his consciousness, and able to orient them in a unified way toward the life goal at which he wishes to aim his being. It is at this level that his foundations will have been shaken most profoundly and the structures rebuilt a new; a new person is born.
We have seen now that personal growth occurs at all the various levels of consciousness, and that the deeper the layer that is experienced, the more fundamental and thoroughgoing will be the growth achieved.
Memory Development
Introduction
Very few would disagree that a powerfully developed memory is an asset to any human being. While we talk, read and hear so much about memory sadly only a few have taken the trouble to systematically develop the memory retention and recall. Regrettably students continue running from one class to another without any understanding about their learning styles or study techniques, resulting in poor grades and discouraged youth who worry about a bleak future.
Students who are preparing for academic or professional exams would readily benefit by remembering more with ease. They will also have a greater focus on what they are doing. Those who follow and practice memory techniques will then achieve better grades with lesser effort. Blank memories would be a thing of the past. Such initial training continues to develop latent faculties as years go by.
Those in Leadership and Executive positions would thereafter effortlessly remember facts, figures and a host of other day- to – day activities. Those who prepare speeches and dread the thought of forgetting the contents right before a vigilant audience can now look forward to an effective delivery with increased confidence.
It is estimated that an average adult uses only 10 % of his full brain capacity. The older people tend to under utilize the frontal parts of their brains, which deteriorate with age. Techniques such as, making associations and creative visualization have proved very beneficial in such instances.
The good news is that with a little focus and effort, and systematic training, even an average person can develop a super memory. These tried and tested techniques are available in Sri Lanka under the personal coaching of Prof. Lakshman Madurasinghe PhD, Consultant Psychologist, who has taught and used these techniques for over 18 years, and who introduced this programme to Sri Lanka six years ago. He uses over 12 popular memory tools including Rooms Rooms, Journey method, Pegs and other Neuro Linguistic & Cognitive methods, visualisation etc to enrich your memory and unleash the untapped potential. In addition , students will receive Exam Secrets and study methods which will cover the following:
- Study environment
- Mind Mapping
- Speed reading basics
- Sensory tracking
- Learning style identification
- Goals
- Study tips
- What to avoid
- On the day of the exam what to do
The number of items that can be remembered is far greater than the total number of brain cells. It has been estimated that after 70 years of activity, the brain may contain as many as 15 trillion separate bits of information. Thus your memory is a treasure house whose size and strength are almost beyond human comprehension. It is a pity that so many of us store up so much less learning and experience than is possible. This may be due to the fact that we have not paid much attention to such areas of learning and the traditional education focuses on accumulation of knowledge without a holistic model of individual development.
How the brain stores its memories is still not fully known. Some scientists believe that each item of memory is contained in a loop of cells connected by tiny tendrils with an electrical current going around and around the loop, which might be hundreds or thousands of cells in length. Other theories suggest that the memory is somehow impressed, or "etched" on the cell, or exists on a chain of cells like knots in a string. We do know that for the first 30 to 60 minutes after being received, any sensory impression is "floating around," so to speak, in the brain, not yet firmly registered. This may be why, after a sharp blow on the head, people often permanently forget what happened to them during the previous 15 or 20 minutes.
The belief that there are several memory stores comes from the fact that memory may reach back for years but may also concern events that occurred just moments ago. We usually think of memory in terms of a past that is reckoned in hours, days, or years. But a moment's reflection tells us that memory comes into play as soon as the stimulus has disappeared from the scene. An example is a telephone number we look up and retain just long enough to complete the dialling; here the interval between acquisition and retrieval is a matter of mere seconds, but it is a memory all the same.
These simple facts provide the starting points for the stage theory of memory. One of its assertions is that there are several memory systems. Of these, the most important are short-term memory, which holds information for fairly short intervals, and long-term memory, in which materials are stored for much longer periods, sometimes as long as a lifetime. The second, and even more important assertion of the theory is that information enters these two systems in successive stages, to get to the long-term system, information must first pass through the short – term store .
Major Benefits
First and foremost, memory training can enhance problem solving skills of brain. These skills are known as fluid intelligence.
Another benefit of following memory techniques is that these have great capacity to enhance brain power. In fact, these techniques push the brain to process all that it remembers.
In case, you have learned the name of a person, just imagine how that individual will be important to you in the near future and where would you see him or think about him.
Another important and beneficial memory training would be to tell yourself the reason on why you want to remember a particular thing and the way you will remember it. The process of remembering a particular thing will work towards stimulating the brain in order to hold the name and extra associations in the brain.
Memory techniques can make you solve many problems in a jiffy. All you require to do is to keep exercising with these memory techniques and give your brain power a boost.
Simple, systematic memory training can help some people with early-stage Alzheimer's disease (AD). This finding points to a possible psychological intervention early in the course of this devastating brain disease. It also lends some urgency to early diagnosis, when patients who still have the ability to learn can use it to sharpen their memories and reduce disability.
Best known techniques in the world today
Repetition
Link method
Story telling
Connection
Rhyme technique
First letter association
Snap shot
Movie
Journey
Roman room
Alpha method/ numerical phonetic
Concept maps
Memory fallacies
1. Mystery formula
2. Easy street
3. Memory cure
4. Memory super hero
5. Old geezer
Medical conditions that affect memory
1. Cancer 2. Diabetes
3. HBP 4. Parkinson's
5. Thyroid imbalances
6. B12 deficiency
Nutrition
• Cut back on fat
• Avoid too much sugar
• Limit Sodium intake - 300mg daily
• Eat a Variety of foods
• Calcium / Serotonin
• Selinium- Gotu-kola
• Gingko- Biloba
• Vinpocetine
• Cut down starch and white sugar
Recommended Books
Tony Buzan
Use your perfect memory The Master memory work book Douglas Mason
Memory- Herbie Brennan
The memory book- Harry Lorayne
Your memory- how it works- Kenneth Higbee
The memory work shop- Cynthia Green
Saturday, April 18, 2009
Valuable Resources
Behavioural Sciences
VIDEOS -BLOGS Contains material on Brain, Psychology, Torture , Trauma, Effects of war & counselling. Contains over 200 blogs and 41 videos
University of California- Berkeley Lectures on Psychology
Yale University Lectures-Introduction to Psychology
Counselling-Essential Skills
Selected Websites
Law
LAW- HUMAN RIGHTS
Human Rights & Other downloads
Legal 500 Directory
Legal Help India
Religious Resources
Selected Websites
Population & Religious Statistics-2007
Tuesday, April 14, 2009
The Fairer Sex-What do we mean when we say we need more female justices?
Posted Saturday, April 11, 2009, at 7:18 AM ET
Thursday, April 2, 2009
Future developments expected in the area of tribunal claims, settlement and compromise in UK
Employers and employees will be encouraged to resolve disciplinary and grievance issues themselves, using a third party (for example a mediator or an arbitrator) to help resolve the problem, ending up in an employment tribunal as a very last resort. The revised Acas code of practice on disciplinary and grievance procedures will become even more important as failure to follow its provisions may lead to a 25 per cent reduction or increase in compensation.
Other changes under the Employment Act 2008
Other changes resulting from the Employment Act 2008 include:
* technical matters relating to the appointment of the President of the Tribunals and lay members,
* removing employment judges' discretion not to issue a default judgment in certain circumstances,
* providing that, where electronic communications are used in hearings, and oral evidence is given, the public must be able to see and hear all parties to the communication,
* clarifying provisions on the withdrawal and dismissal of proceedings,
* automatic dismissal of proceedings where the parties to an Acas settlement have confirmed in writing their understanding that the proceedings covered by the settlement will be dismissed and the claimant has withdrawn the claim,
* enabling an employment judge to review certain default judgments on his own initiative,
* enabling an employment judge sitting alone to hear Stage 1 Equal Pay claims based on equal value.
Compromise Agreements
No major developments are expected in the area of compromise agreements. Any further changes are likely to occur on a piecemeal basis by way of case law.
Tribunal system
Further legislation governing tribunals generally (not just employment tribunals ) are already underway. Some aspects of The Tribunals, Courts and Enforcement Act 2007 come into force in April 2009 and some are already in force. Although the main provisions of the Act do not directly affect the employment tribunal system, the following changes may be of interest:
* Unification of tribunals under a single organisation with a simplified structure of two tiers and the creation of the post of Senior President which will provide the tribunals judiciary with clear leadership and a single voice.
* Creation of a hierarchy of two new tribunals, the First-tier Tribunal which will be a superior court of record and generally will have appellate functions, and the Upper Tribunal. The First Tier and Upper Tribunal system will start on 3 November 2008 for tribunals dealing with such matters as social entitlement, health, education and social care, taxation and land, property and housing. The new system does not directly concern employment tribunals and the Employment Appeal Tribunal (EAT)which will be separate from the First Tier and Upper Tribunal respectively although there will be close links between them.
* Abolition of the current requirement for a tribunal award to be registered in the County Court (or High Court) if it has to be enforced.
* Renamed employment tribunal chairmen employment judges.
Mediation
Other possible future developments in the courts and tribunal system generally may result from EC Directive (2008/52/EC) on mediation in civil and commercial disputes. The Directive requires all Member States to simplify and improve access to justice by promoting mediation as a method of settling disputes. The Directive must be implemented by 21 May 2011. Radical changes resulting from the Directive are unlikely in UK employment matters for a number of reasons:
* There is already an increasing emphasis on mediation in the UK which pre-dates the Directive.
* The measures apply to cross border disputes (however, there is nothing to prevent a Member State choosing to apply provisions internally).
* The Directive should apply in civil and commercial matters and not to 'rights and obligations on which the parties are not free to decide themselves under the relevant applicable law'. Such rights and obligations are particularly frequent in family law and employment law.
From CIPD Sources
Other changes under the Employment Act 2008
Other changes resulting from the Employment Act 2008 include:
* technical matters relating to the appointment of the President of the Tribunals and lay members,
* removing employment judges' discretion not to issue a default judgment in certain circumstances,
* providing that, where electronic communications are used in hearings, and oral evidence is given, the public must be able to see and hear all parties to the communication,
* clarifying provisions on the withdrawal and dismissal of proceedings,
* automatic dismissal of proceedings where the parties to an Acas settlement have confirmed in writing their understanding that the proceedings covered by the settlement will be dismissed and the claimant has withdrawn the claim,
* enabling an employment judge to review certain default judgments on his own initiative,
* enabling an employment judge sitting alone to hear Stage 1 Equal Pay claims based on equal value.
Compromise Agreements
No major developments are expected in the area of compromise agreements. Any further changes are likely to occur on a piecemeal basis by way of case law.
Tribunal system
Further legislation governing tribunals generally (not just employment tribunals ) are already underway. Some aspects of The Tribunals, Courts and Enforcement Act 2007 come into force in April 2009 and some are already in force. Although the main provisions of the Act do not directly affect the employment tribunal system, the following changes may be of interest:
* Unification of tribunals under a single organisation with a simplified structure of two tiers and the creation of the post of Senior President which will provide the tribunals judiciary with clear leadership and a single voice.
* Creation of a hierarchy of two new tribunals, the First-tier Tribunal which will be a superior court of record and generally will have appellate functions, and the Upper Tribunal. The First Tier and Upper Tribunal system will start on 3 November 2008 for tribunals dealing with such matters as social entitlement, health, education and social care, taxation and land, property and housing. The new system does not directly concern employment tribunals and the Employment Appeal Tribunal (EAT)which will be separate from the First Tier and Upper Tribunal respectively although there will be close links between them.
* Abolition of the current requirement for a tribunal award to be registered in the County Court (or High Court) if it has to be enforced.
* Renamed employment tribunal chairmen employment judges.
Mediation
Other possible future developments in the courts and tribunal system generally may result from EC Directive (2008/52/EC) on mediation in civil and commercial disputes. The Directive requires all Member States to simplify and improve access to justice by promoting mediation as a method of settling disputes. The Directive must be implemented by 21 May 2011. Radical changes resulting from the Directive are unlikely in UK employment matters for a number of reasons:
* There is already an increasing emphasis on mediation in the UK which pre-dates the Directive.
* The measures apply to cross border disputes (however, there is nothing to prevent a Member State choosing to apply provisions internally).
* The Directive should apply in civil and commercial matters and not to 'rights and obligations on which the parties are not free to decide themselves under the relevant applicable law'. Such rights and obligations are particularly frequent in family law and employment law.
From CIPD Sources
Why Does the Date for Easter Change Every Year
Why does the date for Easter change every year? Have you ever wondered
why Easter Sunday can fall anywhere between March 22 and April 25? And
why do Eastern Orthodox churches celebrate Easter on a different day
than Western churches? These are all good questions with answers that
require a bit of explanation. In fact, there are as many
misunderstandings about the calculation of Easter dates, as there are
reasons for the confusion. What follows is an attempt to clear up at
least some of the confusion.
why Easter Sunday can fall anywhere between March 22 and April 25? And
why do Eastern Orthodox churches celebrate Easter on a different day
than Western churches? These are all good questions with answers that
require a bit of explanation. In fact, there are as many
misunderstandings about the calculation of Easter dates, as there are
reasons for the confusion. What follows is an attempt to clear up at
least some of the confusion.
In Western Christianity, Easter is always celebrated on the Sunday
immediately following the Paschal Full Moon date of the year. I had
previously, and somewhat erroneously stated, "Easter is always
celebrated on the Sunday immediately following the first full moon
after the vernal (spring) equinox." This statement was true prior to
325 AD; however, over the course of history (beginning in 325 AD with
the Council of Nicea), the Western Church decided to established a
more standardized system for determining the date of Easter.
In actuality, the date of the Paschal Full Moon is determined from
historical tables, and has no correspondence to lunar events.
As Astronomers were able to approximate the dates of all the full
moons in future years, the Western Christian Church used these
calculations to establish a table of Ecclesiastical Full Moon dates.
These dates would determine the Holy Days on the Ecclesiastical
calendar.
Though modified slightly from its original form, by 1583 AD the table
for determining the Ecclesiastical Full Moon dates was permanently
established and has been used ever since to determine the date of
Easter. Thus, according to the Ecclesiastical tables, the Paschal Full
Moon is the first Ecclesiastical Full Moon date after March 20 (which
happened to be the vernal equinox date in 325 AD). So, in Western
Christianity, Easter is always celebrated on the Sunday immediately
following the Paschal Full Moon.
The Paschal Full Moon can vary as much as two days from the date of
the actual full moon, with dates ranging from March 21 to April 18. As
a result, Easter dates can range from March 22 through April 25 in
Western Christianity.
Historically, western churches used the Gregorian Calendar to
calculate the date of Easter and Eastern Orthodox churches used the
Julian Calendar. This was partly why the dates were seldom the same.
Easter and its related holidays do not fall on a fixed date in either
the Gregorian or Julian calendars, making them movable holidays. The
dates, instead, are based on a lunar calendar very similar to the
Hebrew Calendar.
While some Eastern Orthodox Churches not only maintain the date of
Easter based on the Julian Calendar which was in use during the First
Ecumenical Council of Nicea in 325 AD, they also use the actual,
astronomical full moon and the actual vernal equinox as observed along
the meridian of Jerusalem. This complicates the matter, due to the
inaccuracy of the Julian calendar, and the 13 days that have accrued
since 325 AD. This means, in order to stay in line with the originally
established (325 AD) vernal equinox, Orthodox Easter cannot be
celebrated before April 3 (present day Gregorian calendar), which was
March 21 in 325 AD.
Additionally, in keeping with the rule established by the First
Ecumenical Council of Nicea, the Eastern Orthodox Church adhered to
the tradition that Easter must always fall after the Jewish Passover,
since the death, burial and Resurrection of Christ happened after the
celebration of Passover. Eventually the Orthodox Church came up with
an alternative to calculating Easter based on the Gregorian calendar
and Passover, and developed a 19-year cycle, as opposed to the Western
Church 84-year cycle.
Since the days of early church history, determining the precise date
of Easter has been a matter for continued argument. For one, the
followers of Christ neglected to record the exact date of Jesus'
resurrection. From then on the matter grew increasingly complex.
Mary Fairchild
Wednesday, April 1, 2009
Implications of Workplace Stress and Legal Remedies
This article appeared in the SL Bar Association Journal-March 2009
Work related stress is defined as 'the reaction people have to excessive demands of pressures, arising when people try to cope with tasks, responsibilities or other types of pressures connected with their jobs but find difficulty, strain or worry in doing so.'
'Not being able to cope' is a common denominator in other definitions of stress. It is important to note that stress is not confined to managers, it is also common among manual workers.
Here are some other definitions of work-related stress:
- "job stress can be defined as the harmful physical and emotional responses that occur when the reqirements of the job do not match the capabilities, resources, or needs of the worker. Job stress can lead to poor health and even injury."
[Stress at work,
(United States National Institute of Occupational Safety and Health, Cincinnati, 1999.]
- "the emotional, cognitive, behavioural and physiological reaction to aversive and noxious aspects of work, work environments and work organisations. It is a state characterised by high levels of arousal and distress and often by feelings of not coping."
[Guidance on work-related stress: Spice of life - or kiss of death,
European Commission, Directorate-General for Employment and Social Affairs]
Signs and health consequences of stress
Stress causes complex changes in the body's chemical processes affecting the way people feel, think and behave. The immediate physical effects include a faster heart rate, a dry mouth and throat, butterflies in the stomach and excess perspiration. However, individuals react in different ways - some may hyperventilate, others may have headaches/migraine, muscle tension in their neck and shoulders, dizziness, blurred vision, skin rashes and allergies. Chronic stress can lead to physical and mental disorders.
Increases in colds and other infections as the immune system is weakened are early signs of stress. Other warnings could include backache and digestive illnesses. More serious conditions may follow such as ulcers, hypertension, angina and coronary heart disease.
Heart attacks and increased susceptibility to tumour growth can be the ultimate consequences.
Fatigue seems a common reaction which is also related to difficulty in sleeping and insomnia. Other problems include anxiety, panic, irritability, hostility and aggression, psychosomatic complaints, depression and even 'nervous breakdowns'. Dealing with everyday tasks becomes daunting and consumption of alcohol, tranquillisers or tobacco increases as people under stress try to 'cope'. In terms of work, the end result may be 'job burn out' - when a person has depleted energy reserves, is pessimistic and dissatisfied, and has a low resistance to illness.
Job Stress and Health: What the Research Tells Us
Cardiovascular Disease
Many studies suggest that psychologically demanding jobs that allow employees little control over the work process increase the risk of cardiovascular disease.
Musculoskeletal Disorders
On the basis of research by National Institute of Occupational Health and Safety-USA and many other organizations, it is widely believed that job stress increases the risk for development of back and upper- extremity musculoskeletal disorders.
Psychological Disorders
Several studies suggest that differences in rates of mental health problems (such as depression and burnout) for various occupations are due partly to differences in job stress levels. (Economic and lifestyle differences between occupations may also contribute to some of these problems.)
Workplace Injury
Although more study is needed, there is a growing concern that stressful working conditions interfere with safe work practices and set the stage for injuries at work.
Suicide, Cancer, Ulcers, and Impaired Immune Function
Some studies suggest a relationship between stressful working conditions and these health problems. However, more research is needed before firm conclusions can be drawn.
-Encyclopedia of Occupational Safety and Health
Sources of stress
Organisation culture and management style can be a source of stress. Poor communications and indifferent leadership also create anxiety. Lack of competence causes stress too. This may arise from poor selection practices at the time of recruitment, promotion or transfer. It may arise because people have been inadequately trained for the new job. Social and economic events outside the employment relationship cause stress and need to be considered.
An important and often overlooked cause of stress is the failure of individuals to take responsibility for self-management of their learning and development and their consequent loss of confidence and inability to do the job. This also results in anxiety over their employability.
Stress is also defined as as 'the adverse reaction people have to excessive pressure or other types of demand placed upon them'. Of course a certain level of pressure in a business environment is desirable. Pressure helps to motivate people and will boost their energy and productivity levels but, when the pressure individuals are under exceeds their ability to cope, it becomes a negative rather than a positive force – in other words, stress.
Stress creates physical changes linked closely to our flight or fight reflex. Adrenaline, noradrenaline and cortisol are among 40 hormones produced by the body when stressed.
Stress in itself is not a medical condition but research shows that prolonged exposure to stress is linked to psychological conditions such as anxiety and depression as well as physical effects such as heart disease, back pain and headaches.
The Cost of Financial Stress
The headlines of the day remind us of economic troubles across the land: Global Markets Plunge on U.S. Recession Fears, Millions Trapped Below Poverty Line, Housing Crisis Heats Up—Thousands Face Foreclosure, Credit Card Debt Hits All-Time High, Fuel Prices Soar and so on. Politicians solicit votes with promises of relief, the Federal Reserve cuts the interest rate again, and probes of predatory lending are launched.
Meanwhile, millions who struggle beneath the weight of financial burdens press on with their lives, many living paycheck to paycheck and cutting corners to keep food on the table. The tremendous strain of financial worries breaches the bonds of marriage and tears families apart, costs billions each year in lost workplace productivity and billions more in medical costs. It leads to headaches, high blood pressure, serious cardiac problems and a range of other medical problems.
Many who are buried in credit card and other debt give up and file for bankruptcy, ignore the bill collectors or simply walk away, but the majority of people suffer silently, enduring a relentless buildup of stress that saps their energy, motivation and quality of life, weakening their immune system and eroding their spirit.
"Thirty million workers – one in four – are suffering serious financial distress. … A large proportion of those who are financially distressed, 40% to 50%, report that their health is negatively impacted by their financial worries and problems."
—From the 2005 Report, "Financial Distress Among American Workers"
A recent Reuter reported stated that A paralegal, recently laid off, wanted to get back at the "establishment" that he felt was to blame for his lost job. So when he craved an expensive new tie, he went out and stole one.
The story, relayed by psychiatrist Timothy Fong at the UCLA Neuropsychiatric Institute and Hospital, is an example of the rash behaviors exhibited by more Americans as a recession undermines a lifestyle built on spending.
In the coming months, mental health experts expect a rise in theft, depression, drug use, anxiety and even violence as consumers confront a harsh new reality and must live within diminished means.
"People start seeing their economic situation change, and it stimulates a sort of survival panic," said Gaetano Vaccaro, deputy clinical director of Moonview Sanctuary, which treats patients for emotional and behavioral disorders.
"When we are in a survival panic, we are prone to really extreme behaviors."
Because stress is so widespread, it has a very high cost for individuals, companies and organizations, and for society.
For the individual, in addition to the devastating impact of the serious health impairments referred to above, the loss of capacity to cope with working and social situations can lead to less success at work, including loss of career opportunities and even employment. It can give rise to greater strain in family relationships and with friends. It may even ultimately result in depression, death or suicide.
For the company or organization, the costs of stress take many forms. These include absenteeism, higher medical costs and staff turnover, with the associated cost of recruiting and training new workers. It has also been shown in recent years that stress takes a heavy toll in terms of reduced productivity and efficiency.
The following are some estimates which related to the cost of work-related stress:
- in the United Kingdom, it has been suggested that over 40 million working days are lost each year due to stress-related disorders;
- in Australia, the Federal Assistant Minister for Industrial relations estimated the cost of occupational stress to be around A$30 million in 1994;
- in the United States, over half of the 550 million working days lost each year due to absenteeism are stress-related.
These figures are cited in Research on work-related stress,
European Agency for Safety and Health at Work, 2000.
Workplace Stress and Legal redress
In 1960, a Michigan court upheld a compensation claim by an automotive assemblyline worker who had difficulty keeping up with the pressures of the production line. To avoid falling behind, he tried to work on several assemblies at the same time and often got parts mixed up. As a result, he was subjected to repeated criticism from the foreman. Eventually he suffered a psychological breakdown.
By 1995, nearly one-half of the States allowed worker compensation claims for emotional disorders and disability due to stress on the job [note, however, that courts are reluctant to uphold claims for what can be considered ordinary working conditions or just hard work].
Constructive dismissal
In many decided cases in the UK we observe that employees who were affected have filed action against the employers for work related stress as a result of constructive dismissal. The advantage of this approach is that they only have to prove that their
employer was in breach of contract and do not have to prove that their treatment by their employer led to them suffering a psychiatric injury.
In order to succeed in a claim for constructive dismissal certain key elements have to be established as ruled in the 2003 case of France v Westminster City Council
(EAT/214/03):
- There must be a breach of contract by the employer.
- The breach must be sufficiently serious to justify the employee's resignation.
- The employee must resign in response to the breach.
- The employee must not delay too long before resigning or he or she may be judged to have affirmed the contract.
For the purposes of claiming constructive dismissal for work-related stress, it is a breach of implied terms such as the duty to provide a safe place of work and the duty of mutual trust and confidence which are most likely to be used.
In Courtaulds Northern Tiles Limited v Andrew ([1979] IRLR 84) it was held that a term is implied into every contract of employment that the employer will not, without reasonable or proper cause, conduct itself in a manner calculated or likely to destroy the relationship of trust between the employer and the employee.
However, psychiatric injury caused by the manner of an employee's dismissal rather than conduct prior to dismissal cannot be compensated for in damages in common law.
Disability discrimination
Disability discrimination legislation is another way through which employees could approach this issue. Under The Disability Discrimination Act 2005 of UK, which came into force in December 2005 the definition for a mental disability is now the same as that for a physical disability under section 1(1) of the DDA 1995: 'a physical or mental impairment which has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities'. This change means that it is arguably easier for people suffering from stress to claim they are covered under the DDA.
Employees who wish to seek redress through this will be required to meet significant tests to prove disability discrimination.
The case of Clark v TDG Limited Novacold ([1999] IRLR 318, CA) established certain key questions that must be answered before discrimination can be proved. Which are as follows:
- Is the employee disabled?
- Is the employee being treated less favourably for a reason related to that disability?
- Are there reasonable adjustments necessary to accommodate the employee?
- Is the proposed course of action in relation to the employee capable of being justified?
Work-related stress claims under common law
The most serious cases of work-related stress that lead to psychiatric injury are likely to be prosecuted under the common law. Claims arising out of work-related stress under common law are prosecuted under the tort of negligence.
Employers' duties under common law were identified by the House of Lords in the case of Wilsons & Clyde Coal Co Ltd v English ([1938] AC 57 2 AER 628). In this case it was accepted that employers have a duty under common law to take reasonable care to provide and maintain:
- A safe place of work
- Safe appliances and equipment and plant for doing the work
- A safe system for doing the work
- Competent and safety-conscious personnel.
In practice it is seen that the courts rarely make a distinction between the principles of tort and contract because there is little difference in how they apply .
Employers were first alerted that they could be liable for negligence for failing to identify and manage work-related stress by the case of Johnstone v Bloomsbury
Health Authority in 1991 ([1992] QB 333 (CA)). In this case Johnstone, a junior medical officer, sued the authority for causing his mental breakdown as a result of excessive working hours. The case was ultimately settled out of court but was a clear indication that stress-related illness could result in personal injury claims under the common law of negligence.
Four years later in the landmark case of Walker v Northumberland County Council in 1995 ([1995] IRLR 35), Walker was awarded damages of £175,000 after the council was found in 'breach of its duty of care in failing to take reasonable steps to avoid exposing the employee to a health endangering workload'.
In this case Walker, a social worker, had to deal with a steadily increasing workload during the 1980s and in 1986 he had a nervous breakdown. Walker's psychiatrist advised him that his breakdown had been caused by pressure at work and that he should not return to the same level of responsibility as before. He returned to work in 1987 after being told he would be assisted by another social worker. However, this support did not materialise and he had a further breakdown and was diagnosed as suffering from stress-related anxiety. In February 1988 he was dismissed by the council on the grounds of permanent ill-health and subsequently sued the council for damages, arguing it had been in breach of its duty of care as his employer in failing to take reasonable steps to avoid exposing him to a health-endangering workload.
The changing legal perspective on stress-related personal injury claims was also underlined by the February 2007 case of Daw v Intel Corporation ([2007]
EWCA Civ 70) where Daw was awarded £134,000 in damages after a breakdown from work-related stress resulted in her suffering depression, despite the company having a counselling service – one of Hale LJ's key propositions in Hatton. Daw had made
numerous complaints to management about her workload prior to her breakdown. Pill LJ, noting Lord Walker's comments in Barber that 'every case will depend on its own facts', said that the presence of a counselling service was not a panacea 'by which
employers can discharge their duty of care in all cases'. This case underlines that the principles regarding work-related stress personal injury claims are still evolving.
Daw's counsel, Roderick Moore, told Solicitors Journal (8 February 2007) following the decision: 'My feeling is that courts are lowering the bar for employees.'
Low morale, health and job complaints, and employee turnover often provide the first signs of job stress. But sometimes there are no clues, especially if employees are fearful of losing their jobs. Lack of obvious or widespread signs is not a good reason to dismiss concerns about job stress or minimize the importance of a prevention program.
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