Sunday, April 19, 2009

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

Tuesday, April 14, 2009

The Fairer Sex-What do we mean when we say we need more female justices?


Sandra Day O'Connor. Click image to expand.It's almost an article of faith among Supreme Court watchers that President Obama will fill the bench's next vacancy—and perhaps the one after that, too—with a woman. The current court's sole female member, Ruth Bader Ginsburg, has said she is "lonely" there, and even if she's not the next to step aside and another women joins her, that's still just two out of nine. Americans seem quite certain that isn't enough. Former Justice Sandra Day O'Connor, on learning in 2005 that John Roberts would take her place, declared him "good in every way, except he's not a woman." Americans concur. In a CNN/USA Today/Gallup poll taken just before Roberts was appointed, 80 percent of respondents said it was a good idea to replace O'Connor with a woman, and 13 percent said it was "essential." And with women claiming a large share of responsibility for Obama's victory over John McCain, the demand for a more gender-balanced court is stronger than ever.

Click to read full article

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

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.

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.

 

 

 




Wednesday, January 7, 2009

Key Labour Cases in UK


Redundancy selection 

Rolls-Royce v Unite
(unreported, EWHC 2420 (QB) 17 October 2008, HC)

Rolls Royce alleged that the redundancy selection matrix they had agreed with the trade union Unite could not proceed as it amounted to age discrimination. The redundancy selection process used a points system based on five criteria: achievement of objectives, self-motivation, expertise and knowledge, versatility and application of knowledge, and wider personal contribution to the team. In addition, each employee could receive one extra point for each year of continuous service. Those with the least points were selected for redundancy.

Unite argued that:

  • even if the continuous service points were indirect age discrimination, they could still be objectively justified, and
  • the continuous service points fell within the exception available under the age discrimination regulations, allowing length of service criteria of more than five years which fulfil a business need.

The High Court agreed with the union that the continuous service points were objectively justified. Given the use of these points with the other criteria within the matrix, the length of service points were capable of being justified under Regulation 3 as they did achieve a legitimate aim. The scheme agreed with the union had the legitimate aim of peaceful redundancy selection, and the aim of respecting the loyalty and experience of the older employees and protecting older employees who find it harder to get jobs from becoming unemployed. In addition the age award fell squarely within the length of service exception.

Implications for employers

  • Employers should have in place a carefully planned redundancy procedure which can be used if the need to make redundancies arises.
  • One of the best methods to adopt for selecting employees remains the redundancy score sheet or selection matrix approach.
  • Selection criteria used in any redundancy procedure must be objective and verifiable against, for example, attendance and personnel records. Selection criteria must be applied fairly and not be discriminatory.
  • It remains safer for employers to avoid length of service criteria as part of a redundancy selection process.
  • However, if employers do use length of service criteria as part of a redundancy selection process, they may be able to defend their use of this criterion if they can show it fulfils a business need or achieves a legitimate aim of the business.
  • The old method of 'last in, first out' (LIFO) used as a sole method is likely to still be age discriminatory. However, as part of a matrix, length of service may be a valid and fair indicator of loyalty and experience.
  • Careful employers may therefore use a redundancy scheme which includes length of service in conjunction with other criteria, although they may still have to justify this approach.
  • Employers who wish to use age discrimination as a reason for changing an existing redundancy scheme may find this a less compelling reason following this decision.

Sunday, November 2, 2008

Proof' David slew Goliath found as Israeli archaeologists unearth 'oldest ever Hebrew text'


By Matthew Kalman

Astounding new evidence has been unearthed in Israel that could confirm the biblical story of King David.

Until now, almost nothing has been found  that would prove the biblical account of a shepherd boy from the 10th century BC who slew the giant Goliath and went on to become the King of Israel who founded Jerusalem.

But today Hebrew University archaeology professor Yosef Garfinkel announced the discovery of a tiny, but potentially invaluable, piece of pottery at the site of the ruins of an ancient fortified city south-west of Jerusalem dated to the time of King David.

Enlarge   Proof: Yossi Garfinkel displays the ceramic shard bearing a Hebrew inscription that may be evidence King David slew Goliath

Yossi Garfinkel displays the ceramic shard bearing a Hebrew inscription that may be evidence supporting the biblical story of David and Goliath

Garfinkel said that it carried the earliest-known Hebrew inscription, some 850 years  earlier than the Dead Sea Scrolls.

Scholars are still trying to decipher the full text of the inscription, but Garfinkel said they are excited at the prospect of a link to David because they have already translated the words for "king," "judge," and  "slave" , which he said suggested it was some sort of official note from the time of his reign.

Until now, scholars have been unable to say whether King David was indeed the  heroic, psalm-composing monarch depicted in the Bible or the local and unimportant leader of a small tribe.

Enlarge   The archaeological site called Elah Fortress, or Khirbet Qeiyafa, seen in an undated aerial photograph, where the shard was found

The archaeological site called Elah Fortress, or Khirbet Qeiyafa, seen in an undated aerial photograph, where the shard was found

Only one biblical-era inscription with the words "House of David" has ever been  discovered, leading some scholars to question whether King David existed at all.

The pottery fragment was inscribed with five rows of text in black ink divided by black lines written in an early Hebrew-Canaanite script.

 

Archaeologists also found lamps, pottery jars and other items. Carbon-14 tests  carried out at Oxford University dated them to the 10th century BC, the era according to the Old Testament of King David and his son Solomon, who built the Temple in Jerusalem.

The ruins of the Elah Valley fortress was discovered  in 2003 near the modern Israeli city of Beit Shemesh in the Judean Hills, south-west of  Jerusalem. The huge complex is spread over nearly six acres and surrounded by a 700-metre long city wall built with stones weighing up to eight tons each. 

Bible come true? David with the head of Goliath by William Daniels

Bible come true? David with the head of Goliath by William Daniels

Enlarge   Yossi Garfinkel is seen at the excavation site

Yossi Garfinkel is seen at the excavation site

Detailed excavations began only earlier this year.

The fortress would have controlled the ancient trading route from Jerusalem to the coast and overlooks the plain where David engaged in his legendary mortal combat with Goliath, giant champion of the rival Philistines.

Goliath's home town of Gath was unearthed just a few miles away to the south.

"The chronology and geography of Elah Fortress create a unique meeting point between the history, historiography and origins of the early Davidic Kingdom," said Garfinkel.

"This is the oldest Judean city  uncovered to date, and its very construction has unprecedented implications on our understanding of this era." 

Garfinkel said the sophistication and size of the city suggested it was part of  a strong, centrally-planned kingdom.

It has been a busy week for archaeologists searching for King David and his family. In Jerusalem, a researcher said she had found an ancient water drain mentioned in the Bible as the route used by David's forces to capture the city  from the Jebusites.

In Jordan, scholars said they had uncovered an ancient  copper excavation site that tests showed could be the legendary King Solomon's Mines.










Wednesday, October 29, 2008

What happened at Lambeth 2008


THE 2008 LAMBETH CONFERENCE of Anglican bishops in Canterbury July 16-August 3 was a milestone in this march of relativism. While nothing extraordinary happened - no fist fights or beatific visions - a number of prelates came away from Lambeth realizing the Anglican Communion no longer worked. Its structures were not a place for holy men, but for hollow men: bishops who knew in their hollow hearts they were stuffed with straw, trapped in a purposeless whirl of apathy and spiritual torpor called "dialogue." The Anglican Communion had finally broken, coming to an end "not with a bang but a whimper."

While past Lambeth Conferences have endeavored to speak clearly on matters of common concern as a guide to the global church, Lambeth 2008 was designed to, and did, decline to draw the line between the irreconcilable claims of the left and right. Gene Robinson's cry that "God is doing a new thing," and that the affirmation of his election as Bishop of New Hampshire showed that "God has once again brought an Easter out of Good Friday," was left to stand alongside the claims of traditionalists like Fort Worth Bishop Jack Iker, who argued that the standard the church must use in moving forward with change was the rule of Vincent of Lerins: a once-for-all received faith, witnessed everywhere and by all. Quod ubique, quod semper, quod ab omnibus creditum est.

While the liberal juggernaut has ground through The Episcopal Church (TEC) over the past generation, carrying prayer book revision and women's ordination with it across the 38-province Anglican Communion, Vincent's 5th century rule had been consistently applied to questions of sexual ethics. At the 13th Lambeth Conference in 1998, bishops of the Communion affirmed by a 7 to 1 margin the church's traditional teaching on human sexuality, as informed by Scripture and the church's unbroken teaching of 2,000 years.

The onus lies with those who seek change to convince the church of the need for it, the former Archbishop of Canterbury, George Carey, explained after Lambeth '98. Listening to proponents of change acknowledges their honorable motives, he told the clergy of the Diocese of Central Florida in 2003, but entering into a conversation with them does not validate their arguments.

"Saints should always be judged guilty until they are proved innocent," George Orwell once wrote of Gandhi, and the same standard applies in the development of doctrine, Lord Carey argued. However, the 14th Lambeth Conference under the presidency of Archbishop Rowan Williams said goodbye to all that.

AT LAMBETH '08, Dr. Williams lost the confidence of his fellow archbishops, and left the Communion millions in debt, and on the same trajectory as before the Conference began. Left and right have rejected his pleas for restraint, vitiating the renewed call in Canterbury for moratoria on gay bishops and blessings and cross-border episcopal actions, pending putative rescue by an Anglican Covenant at some uncertain date. New layers of bureaucracy suggested at Lambeth (e.g. a "Pastoral Forum" and "Faith and Order Commission") remain to be developed at a time when many saw stronger measures to restore order as overdue. Meanwhile, Roman Catholic and Orthodox representatives announced the effective end of talks aimed at corporate reunion and the recognition of Anglican orders.

Philosophically, the Lambeth Conference witnessed the retirement of the historic Anglican guides of Scripture, Tradition and reason in divining truth. Scripture was subordinated to experience and culture, reason rejected in favor of political power, and Tradition debased into equal parts antiquarianism and haberdashery.

Click to read full report

Some Regulations coming into force in UK in October 2008


Employment Bill

On 6 December 2007 the Employment Bill was published in the House of Lords. It aims to simplify, clarify and develop a stronger enforcement regime for certain aspects of employment law. Provisions include:

  • changes to the law relating to dispute resolution in the workplace as a response to the Gibbons review. This will include:
  • repealing the current statutory dispute resolution procedures and related provisions about procedural unfairness in dismissal cases,
  • changes to the law relating to conciliation by Acas  
  • revision of the Acas code on discipline and grievance and tribunals will be able to adjust awards by 25% where parties have unreasonably failed to follow the code, 
  • the delivery of a more straightfoward and transparent enforcement and penalties regime for the national minimum wage (NMW) and employment agency standards, 
  • compliance with the European Court of Human Rights decision in Aslef v UK which concerned the rights of trade unions to determine their members.

Will apply to Great Britain, but the National Minimum Wage Act 1998, which is amended in clauses 8 to 13 also extends to Northern Ireland.

No implementation date has been given but the Bill is likely to come into force in April 2009.

The text of the Bill, explanatory notes and details of its progress through Parliament are available on the Parliament website.

More information on the Bill can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) website.

Details of the revised Acas code are available in the Codes of practice section. Acas has published draft non-statutory guidance to complement the code.

Education and Skills Bill

The Bill was published on 29 November 2007 and aims to meet the ambition set out in the Leitch Review of achieving world class skills by 2020. Key proposals include:

  • raising education or training leaving age to 17 years by 2013 and to 18 years by 2015
  • giving adults a right to basic and intermediate skills and enabling the benefits of adult skills to be measured.

Will apply to the United Kingdom.

The text of the Bill, explanatory memorandum and details of its progress through Parliament are available on the Parliament website.

Additional paternity leave

In March 2006 the Government published a consultation paper on how to implement the scheme under the Work and Families Act 2006 which will allow employed fathers to take up to 26 weeks Additional Paternity Leave (APL), some of which could be paid if the mother has returned to work. The Government intends to introduce the scheme alongside the extension of statutory maternity pay and statutory adoption pay to twelve months. Consultation ended on 31 March 2006.

In November 2006 the Government published its response to the consultation. The response and further information is available on the Department Department for Business, Enterprise and Regulatory Reform website.

In May 2007 the Government launched a further consultation on the administration of APL following the November 2006 response. Employed fathers (including civil partners or adoptive parents) will be able to take up to 26 weeks additional paternity leave, some of which can be paid if the mother of the child returns to work. Consultation ended on 3 August 2007. The earliest date that the leave would be implemented would be for babies due on or after 5 April 2009, but this was not definite. In January 2008 the Government published its response to the consultation. The consultation paper and Government response is available on the Department for Business, Enterprise and Regulatory Reform website.




Tuesday, September 16, 2008

Church makes ‘ludicrous’ apology to Charles Darwin - 126 years after his death

In his Autobiography, Darwin wrote,

"Formerly I was led... to the firm conviction of the existence of God and the immortality of the soul. In my Journal I wrote that whilst standing in the midst of the grandeur of a Brazilian forest, 'it is not possible to give an adequate idea of the higher feelings of wonder, admiration, and devotion, which fill and elevate the mind.' I well remember my conviction that there is more in man than the mere breath of his body. But now the grandest scenes would not cause any such convictions and feelings to rise in my mind."

In 1880, in reply to a correspondent, Charles wrote, "I am sorry to have to inform you that I do not believe in the Bible as a divine revelation, & therefore not in Jesus Christ as the Son of God"

If the church of England is offering an apology to such a person, it has drited too far and is seriously compromising its faith which is a pity for all members who call themselves Anglicans.

Church makes 'ludicrous' apology to Charles Darwin - 126 years after his death

By Jonathan Petre
Last updated at 10:45 PM on 13th September 2008

The Church of England will tomorrow officially apologise to Charles Darwin for misunderstanding his theory of evolution.

In a bizarre step, the Church will address its contrition directly to the Victorian scientist himself, even though he died 126 years ago.

But the move was greeted with derision last night, with Darwin's great-great-grandson dismissing it as 'pointless' and other critics branding it 'ludicrous'.

CHARLES DARWIN
Rowan Williams

A meeting of minds: Charles Darwin and, right, the Archbishop of Canterbury, Dr Rowan Williams

Church officials compared the apology to the late Pope John Paul II's decision to say sorry for the Vatican's 1633 trial of Galileo, the astronomer who appalled prelates by declaring that the earth revolved around the sun.

The officials said that senior bishops wanted to atone for the vilification their predecessors heaped on Darwin in the 1860s, when he put forward his theory that man was descended from apes.

The Church is also anxious to counter the view that its teaching is incompatible with science. It wants to distance itself from fundamentalist Christians, who believe in the Biblical account of the creation of the world in seven days.

An article to be posted on the Church's website will say: 'Charles Darwin, 200 years from your birth [in 1809], the Church of England owes you an apology for misunderstanding you and, by getting our first reaction wrong, encouraging others to misunderstand you still.

'But the struggle for your reputation is not over yet, and the problem is not just your religious opponents but those who falsely claim you in support of their own interests.'

The article has been written by the Rev Dr Malcolm Brown, the director of mission and public affairs of the Archbishops' Council, the Church's managing body, which is headed by the Archbishop of Canterbury, Dr Rowan Williams.

Origin of Species

Revolutionary: Darwin's best-known book, published in 1859

Dr Brown writes: 'People, and institutions, make mistakes and Christian people and Churches are no exception. When a big new idea emerges that changes the way people look at the world, it's easy to feel that every old idea, every certainty, is under attack and then to do battle against the new insights.

'The Church made that mistake with Galileo's astronomy and has since realised its error. Some Church people did it again in the 1860s with Charles Darwin's theory of natural selection.

'So it is important to think again about Darwin's impact on religious thinking, then and now.'

Dr Brown argues that there is nothing incompatible between the scientific theories adopted by Darwin and Christian teaching.

The English naturalist, geologist and collector, best known for his 1859 book On The Origin Of Species, scandalised Victorian society with his theory that all species of life evolved from common ancestors.

One of the most venomous clashes over his ideas took place in 1860 during a debate at Oxford University. The Bishop of Oxford, Samuel Wilberforce, asked the evolutionist and Darwin champion, Thomas Huxley, whether it was through his grandfather or his grandmother that he claimed to be descended from a monkey.

Huxley replied that he would not be ashamed to have an ape for his ancestor but he would be ashamed to be connected with a man who used his gifts to obscure the truth.

In his article, Dr Brown writes: 'His [Darwin's] theory caused offence because it challenged the view that God had created human beings as an entirely different kind of creation to the rest of the animal world.

'But while it is not difficult to see why evolutionary thinking was offensive at the time, on reflection it is not such an earth-shattering idea.'

The Church's move will reignite the debate over creationism. In the United States, Republican Vice-Presidential candidate Sarah Palin argues that it should be taught in schools.

In this country, the Rev Professor Michael Reiss, a biologist director of education at the Royal Society, provoked a furore last week when he called for creationism to be treated in school science lessons as a legitimate world view.

Ann Widdecombe

Ann Widdecombe: 'We've already apologised for slavery and the Crusades. When is it all going to stop?'

Last night, the Church, which apologised for its role in the slave trade two years ago, came in for fierce criticism for its latest mea culpa.

Former Conservative Minister Ann Widdecombe, who left the Church of England to become a Roman Catholic, said: 'It's absolutely ludicrous. Why don't we have the Italians apologising for Pontius Pilate?

'We've already apologised for slavery and for the Crusades. When is it all going to stop? It's insane and makes the Church of England look ridiculous.'

Andrew Darwin, a great-great grandson of the eminent scientist, said he was 'bemused' by the apology, which seemed 'pointless'.

'Why bother?' he said. 'When an apology is made after 200 years, it's not so much to right a wrong, but to make the person or organisation making the apology feel better.'

Terry Sanderson, president of the National Secular Association, said: 'It does seem rather crazy for an institution to address an apology to an individual so long after his death.

'As well as being much too late, the message strikes me as insincere, as if there is an unspoken "but" behind the text.

'However, if it means that from now on the Church of England will say "No" to the teaching of creationism in school science lessons, then we would accept the apology on Darwin's behalf.'

A less critical tone was struck by Horace Barlow, 87, from Cambridge, who is Darwin's great-grandson.

He said he thought his ancestor would have been pleased to hear the Church's apology.

'They buried him in Westminster Abbey, which I suppose was an apology of sorts,' said Mr Barlow.

'Darwin was very concerned about offending other people as his wife Emma was a committed Christian. So I think this apology would have pleased him.'




Thursday, September 4, 2008

Evangelical Scientists Refute Gravity With New 'Intelligent Falling' Theory


Evangelical Scientists Refute Gravity With New 'Intelligent Falling' Theory

KANSAS CITY, KS—As the debate over the teaching of evolution in public schools continues, a new controversy over the science curriculum arose Monday in this embattled Midwestern state. Scientists from the Evangelical Center For Faith-Based Reasoning are now asserting that the long-held "theory of gravity" is flawed, and they have responded to it with a new theory of Intelligent Falling.
  Evangelical

Rev. Gabriel Burdett explains Intelligent Falling.

"Things fall not because they are acted upon by some gravitational force, but because a higher intelligence, 'God' if you will, is pushing them down," said Gabriel Burdett, who holds degrees in education, applied Scripture, and physics from Oral Roberts University.

Burdett added: "Gravity—which is taught to our children as a law—is founded on great gaps in understanding. The laws predict the mutual force between all bodies of mass, but they cannot explain that force. Isaac Newton himself said, 'I suspect that my theories may all depend upon a force for which philosophers have searched all of nature in vain.' Of course, he is alluding to a higher power."

Founded in 1987, the ECFR is the world's leading institution of evangelical physics, a branch of physics based on literal interpretation of the Bible.

According to the ECFR paper published simultaneously this week in the International Journal Of Science and the adolescent magazine God's Word For Teens!, there are many phenomena that cannot be explained by secular gravity alone, including such mysteries as how angels fly, how Jesus ascended into Heaven, and how Satan fell when cast out of Paradise.

The ECFR, in conjunction with the Christian Coalition and other Christian conservative action groups, is calling for public-school curriculums to give equal time to the Intelligent Falling theory. They insist they are not asking that the theory of gravity be banned from schools, but only that students be offered both sides of the issue "so they can make an informed decision."

"We just want the best possible education for Kansas' kids," Burdett said.

Proponents of Intelligent Falling assert that the different theories used by secular physicists to explain gravity are not internally consistent. Even critics of Intelligent Falling admit that Einstein's ideas about gravity are mathematically irreconcilable with quantum mechanics. This fact, Intelligent Falling proponents say, proves that gravity is a theory in crisis.

"Let's take a look at the evidence," said ECFR senior fellow Gregory Lunsden."In Matthew 15:14, Jesus says, 'And if the blind lead the blind, both shall fall into the ditch.' He says nothing about some gravity making them fall—just that they will fall. Then, in Job 5:7, we read, 'But mankind is born to trouble, as surely as sparks fly upwards.' If gravity is pulling everything down, why do the sparks fly upwards with great surety? This clearly indicates that a conscious intelligence governs all falling."

Critics of Intelligent Falling point out that gravity is a provable law based on empirical observations of natural phenomena. Evangelical physicists, however, insist that there is no conflict between Newton's mathematics and Holy Scripture.

"Closed-minded gravitists cannot find a way to make Einstein's general relativity match up with the subatomic quantum world," said Dr. Ellen Carson, a leading Intelligent Falling expert known for her work with the Kansan Youth Ministry. "They've been trying to do it for the better part of a century now, and despite all their empirical observation and carefully compiled data, they still don't know how."

"Traditional scientists admit that they cannot explain how gravitation is supposed to work," Carson said. "What the gravity-agenda scientists need to realize is that 'gravity waves' and 'gravitons' are just secular words for 'God can do whatever He wants.'"

Some evangelical physicists propose that Intelligent Falling provides an elegant solution to the central problem of modern physics.

"Anti-falling physicists have been theorizing for decades about the 'electromagnetic force,' the 'weak nuclear force,' the 'strong nuclear force,' and so-called 'force of gravity,'" Burdett said. "And they tilt their findings toward trying to unite them into one force. But readers of the Bible have already known for millennia what this one, unified force is: His name is Jesus."



Friday, August 15, 2008

Pope John Paul II and Suffering


Jack Wintz, O.F.M.

When Our Son Told Us He Was Gay



It is no secret that Karol Wojtyla, as a young man and even during the early years of his pontificate, was a picture of health, vigor and vitality. As an athlete skilled in soccer, swimming, canoeing and skiing, he exhibited a great physical presence.

During his papal trip to the United States in 1979, he rode through Manhattan in the back of a limousine with an opening in the roof that allowed him to be visible to the crowd from the waist up. He was in excellent physical condition, waving to the crowds with just the right amount of drama as the vehicle moved slowly along. (This was before the 1981 assassination attempt in Rome and the days of the "popemobile," with its bulletproof glass protecting the pope.)

These are all reminders of John Paul's healthier days when he had all the physical stamina and charm any human could want. The pope did regain—for a time—his health and vigor after recuperating from the 1981 assassination attempt.

In the early 90s, however, a series of health problems began to take their toll. In 1992, the pope had colon surgery, involving removal of a noncancerous tumor. The next year he fell and dislocated a shoulder. In 1994, he suffered a broken femur in another fall. An appendectomy followed in 1996. During these years, moreover, a Parkinson-like condition, if not the disease itself, began to reveal its visible effects.

The point of these sobering details is to show that John Paul was clearly entering the part of his life's journey marked by failing health and suffering.

Describing the Holy Father in the fall of 1998, Cardinal Joseph Ratzinger stated: "The pain is written on his face. His figure is bent, and he needs to support himself on his pastoral staff. He leans on the cross, on the crucifix...." Certainly John Paul was beginning to lean on Christ's cross in more ways than one.

Click to read the full article





Wednesday, June 4, 2008

Top 10 Tips For Handling Redundancies


The "credit crunch" is being felt across the country. In the City of London workers are facing unprecedented lay-offs as banks and other employers react to the slow-down by making redundancies in swathes.

Redundancies are a way of life in the City. As one employer is firing, it is not uncommon to find another one hiring, so people can often move from job to job. However, unlike past lay-off situations, few organisations are recruiting at the moment and so employees are more willing to fight for their jobs. They are equally determined to fight for compensation if they are unsuccessful.

Employers need to take care to manage the dismissal process correctly to protect against the inevitable legal claims to come. Here are some tips for getting it right.


1. Document 'fair' reason
In any dismissal, the employer must show there was a "fair" reason for it – redundancy is, of course, a fair reason. Make sure that you have evidence to prove to a tribunal that a redundancy situation really did exist, and that the employee in question's job really disappeared as a result.

2. Justify selection criteria
One of the key battlegrounds in any redundancy situation is selection. Make sure your selection criteria are capable of being objectively justified. Reasons such as being a "good team player" and "popular with clients" are too subjective to stand up in a tribunal as they are often based simply on the personal views of line managers.

3. Don't discriminate
Ensure that redundancy selection criteria are non-discriminatory – in other words, they don't make it harder for any particular groups of employees to score highly. For example, if attendance is a criterion, make sure you exclude maternity-related absence.

4. Consult employees
A fair procedure is all about consultation. Make sure you build in sufficient opportunities to consult employees in one-to-one meetings so that you can explore reasons for their selection and the possibilities for avoiding dismissals properly.

5. Build a flexible timetable
A sensible timetable is an important part of a redundancy process – but make sure you build in enough flexibility to allow employees to come back for more meetings where there are issues to discuss, or where extra information is needed. These are bound to make the process longer. Failure to allow enough time can lead to allegations that the process was a sham, and that decisions had been made in advance.

6. Gather ideas
Discuss selection not only with the employees selected for redundancy but also with their colleagues who have survived that particular round. These employees may have ideas of their own that could help reduce the need for dismissals. For example, someone not selected for redundancy may wish to take voluntary redundancy or opt for a job share – this could save someone else's job.

7. Adhere to procedures
A fundamental part of any dismissal is adherence to the statutory dispute resolution procedures. These require employers to invite employees to a meeting to discuss the proposed redundancy, allowing them to bring a colleague or trade union representative in with them. Employers must listen to employees' concerns, tell them the outcome of the meeting in writing, and allow them to appeal. If the employees do appeal, they must be invited to a new meeting with a manager not involved in the hearing. Again, employees have the right to be accompanied, and employers must confirm the outcome in writing. Failure to do so will make the dismissal automatically unfair.

8. Look at employment options
Employers are obliged to consider the availability of suitable alternative work. You should provide full details of any vacancies so that employees can evaluate the opportunity properly.

9. Air any grievances early
For many higher-paid workers the prospect of an unfair dismissal claim is not going to appeal since compensation is capped at £63,000. To claim worthwhile compensation, these employees need to include a claim for which compensation is uncapped, such as discrimination. Make sure that as part of the consultation process, all employees are given a chance to air their grievances before being selected for redundancy. If an employee does raise one of these issues, ensure you investigate fully before making the dismissal.

10. Check contracts
Likewise, there may be disputes over unpaid bonuses or future loss of bonus or stock options. Check employees' contracts, and bonus and stock option scheme rules, to see if the termination plans and timing trigger financial entitlements. Keep a grip on the timetable to make sure, for example, that employment doesn't continue longer than originally intended so that the employee is inadvertently still employed on the date a bonus is due.

From CIPD sources