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in writing their understanding that the proceedings covered by the settlement will be dismissed and the claimant has withdrawn the claim,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
Thursday, April 2, 2009
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.
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'
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.
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.
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
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.
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'.
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.
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: '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.
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.
 |
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.
Saturday, May 17, 2008
Human Rights Weekly Digest
 | Historic Decision Confers Equal Right to Marriage to Same-Sex Couples (New York, May 15, 2008) – The California Supreme Court's ruling today striking down state law that limits marriage to opposite-sex couples is a victory for equality that should set a national and international example, Human Rights Watch said today. Read more |
States Should Resist Weakening Treaty in Any Way
(Dublin, May 16, 2008) – The more than 100 countries that will gather in Dublin, Ireland on May 19 to negotiate a new international treaty aimed at banning cluster munitions should reject attempts to weaken the treaty, Human Rights Watch said today. Participating countries are scheduled to adopt the final text of the treaty on May 30.
Read more Two Years After UN Ruling, No Action on Former Chad Dictator
(Geneva, May 16, 2008) РTwo years after a United Nations committee requested that Senegal prosecute or extradite the former dictator of Chad, Hiss̬ne Habr̩, no action has been taken, six human rights organizations said today. Habr̩ fled to Senegal after he was deposed in 1990.
Read more  | Overseas Integration Test Infringes on Rights of Migrants (The Hague, May 15, 2008) – The Netherlands should abolish the overseas "integration test" that discriminatorily targets only migrants of certain nationalities trying to join their families, while citizens from other, "western" countries are exempt, Human Rights Watch said in a briefing paper released today. Read more |
Friday, May 16, 2008
Infinite Crisis
Having heard so much about Infinite Crisis, I wanted to read it, but I first had to read Crisis on Infinite Earths. Having finished that last month, I was elated to find a copy of the collection of the mini-series Infinite Crisis at Bishan Community Library.
Infinite Crisis is a vast improvement, in terms of storyline, over Crisis on Infinite Earths It is a lot more violent as well, with decapitations and dismemberments, which I rarely see in D.C. comics to this extent.
One definitely has to read Crisis on Infinite Earths before embarking on Infinite Crisis however, as the villains of Infinite Crisis are really the heroes of Crisis on Infinite Earths, namely, Earth-Two's Superman, Earth-Three's Alexander Luthor, and Earth Prime's Superboy.
As far as I can tell, Earth Prime is a world where the only superhero is Superboy. Earth Three is where Lex Luthor is the only superhero in a world of supervillains, and Alexander Luthor is his son saved from the end of the world in Crisis on Infinite Earths.
Earth Two's Superman belongs in a purer world, compared to Earth-One, which is the world that existed for the 20 years between Crisis on Infinite Earths and Infinite Crisis. It is a more innocent world where the good guys are really good, and the good guys always win in the end.
After observing the years in between Crisis on Infinite Earths and Infinite Crisis, Alexander Luthor decides to create the perfect world and manipulates Earth-Two's Superman into believing that Earth-Two is the perfect world to be recreated.
This illusion is shattered only when Earth-One's Superman reveals a stunning truth: Any world belonging to a Superman is not perfect because a perfect world doesn't need a Superman.
A major part of the plot involves comparing the older, purer world before COIE and the newer, more violent, and darker world post-Crisis on Infinite Earths. It is a D.C.U. (D.C. Universe) which my parents frequently complain about - where the good guys are not really good, and the bad guys are not really bad, and the moral line between good and evil is blurred.
Infinite Crisis is a great read, especially for those who, like Earth-Two's Superman, long for the older, purer world.
Monday, May 12, 2008
Pope calls for a new Pentecost to launch renewal of American Church
Apr 19, 2008 - Six thousand people flocked to St. Patrick’s Cathedral in New York this morning for a Mass that Pope Benedict celebrated for clergy and religious. In his homily, Benedict XVI called for a new outpouring of the Holy Spirit on the Church in America so that it can overcome divisions and allow all of its gifts to be spent for the sake of spreading the Gospel.
After thanking Cardinal Egan for his welcome and recalling the examples of the pioneers of the Catholic Church in America, Pope Benedict turned to the first reading from the Acts of the Apostles.
“As we give thanks for past blessings, and look to the challenges of the future, let us implore from God the grace of a new Pentecost for the Church in America. May tongues of fire, combining burning love of God and neighbor with zeal for the spread of Christ’s Kingdom, descend on all present!” he exclaimed.
The Pontiff then pointed to the example of the late Cardinals Cooke and O’Connor whose “heroic witness to the Gospel of life” should inspire this kind of zeal. “The proclamation of life, life in abundance, must be the heart of the new evangelization,” the Pope said.
“This is the message of hope we are called to proclaim and embody in a world where self-centeredness, greed, violence, and cynicism so often seem to choke the fragile growth of grace in people’s hearts,” the Holy Father encouraged.
Pope Benedict said that the challenge in some ways is to bring this message of life in abundance to “a society where the Church seems legalistic and ‘institutional’ to many people.” The Church’s “most urgent challenge is to communicate the joy born of faith and the experience of God’s love”, he said.
He then turned the congregation’s attention to different aspects of the architecture of St. Patrick’s.
Noting how from the outside the stained glass windows appear dim but from the inside of the Church their true beauty is revealed, the Pope said, that communicating the joy and love of God “is no easy task in a world which can tend to look at the Church, like those stained glass windows, ‘from the outside’”.
Besides a spiritual conversion, Benedict XVI explained that an “‘intellectual’ conversion” is necessary to be able to discern “the signs of the times, and our personal contribution to the Church’s life and mission”.
“For all of us, I think, one of the great disappointments which followed the Second Vatican Council, with its call for a greater engagement in the Church’s mission to the world, has been the experience of division between different groups, different generations, different members of the same religious family,” Benedict said.
The solution to these divisions, the way to move forward, Benedict explained, is “if we turn our gaze together to Christ!” Turning away from division and towards Christ, is the way that true spiritual renewal will occur, the Holy Father said.
Pope Benedict once again brought up the sexual abuse scandal in the context of striving for unity.
“I would like say a word about the sexual abuse that has caused so much suffering. I have already had occasion to speak of this, and of the resulting damage to the community of the faithful. Here I simply wish to assure you, dear priests and religious, of my spiritual closeness as you strive to respond with Christian hope to the continuing challenges that this situation presents.”
Benedict drew attention back to the architectural structure to make his final point.
“The unity of a Gothic cathedral, we know, is not the static unity of a classical temple, but a unity born of the dynamic tension of diverse forces which impel the architecture upward, pointing it to heaven. Here too, we can see a symbol of the Church’s unity, which is the unity – as Saint Paul has told us – of a living body composed of many different members, each with its own role and purpose. For the Spirit never ceases to pour out his abundant gifts, to awaken new vocations and missions, and to guide the Church, as our Lord promised in this morning’s Gospel, into the fullness of truth.”
“So let us lift our gaze upward!” the Pope called out.
Calling on the Holy Spirit to help the Church grow in holiness, he added, “If we are to be true forces of unity, let us be the first to seek inner reconciliation through penance. Let us forgive the wrongs we have suffered and put aside all anger and contention. Let us be the first to demonstrate the humility and purity of heart which are required to approach the splendor of God’s truth. In fidelity to the deposit of faith entrusted to the Apostles, let us be joyful witnesses of the transforming power of the Gospel!”
Pope Benedict closed by calling on American Catholics to “go forth as heralds of hope in the midst of this city, and all those places where God’s grace has placed us. In this way, the Church in America will know a new springtime in the Spirit, and point the way to that other, greater city, the new Jerusalem, whose light is the Lamb For there God is even now preparing for all people a banquet of unending joy and life. Amen.”
After thanking Cardinal Egan for his welcome and recalling the examples of the pioneers of the Catholic Church in America, Pope Benedict turned to the first reading from the Acts of the Apostles.
“As we give thanks for past blessings, and look to the challenges of the future, let us implore from God the grace of a new Pentecost for the Church in America. May tongues of fire, combining burning love of God and neighbor with zeal for the spread of Christ’s Kingdom, descend on all present!” he exclaimed.
The Pontiff then pointed to the example of the late Cardinals Cooke and O’Connor whose “heroic witness to the Gospel of life” should inspire this kind of zeal. “The proclamation of life, life in abundance, must be the heart of the new evangelization,” the Pope said.
“This is the message of hope we are called to proclaim and embody in a world where self-centeredness, greed, violence, and cynicism so often seem to choke the fragile growth of grace in people’s hearts,” the Holy Father encouraged.
Pope Benedict said that the challenge in some ways is to bring this message of life in abundance to “a society where the Church seems legalistic and ‘institutional’ to many people.” The Church’s “most urgent challenge is to communicate the joy born of faith and the experience of God’s love”, he said.
He then turned the congregation’s attention to different aspects of the architecture of St. Patrick’s.
Noting how from the outside the stained glass windows appear dim but from the inside of the Church their true beauty is revealed, the Pope said, that communicating the joy and love of God “is no easy task in a world which can tend to look at the Church, like those stained glass windows, ‘from the outside’”.
Besides a spiritual conversion, Benedict XVI explained that an “‘intellectual’ conversion” is necessary to be able to discern “the signs of the times, and our personal contribution to the Church’s life and mission”.
“For all of us, I think, one of the great disappointments which followed the Second Vatican Council, with its call for a greater engagement in the Church’s mission to the world, has been the experience of division between different groups, different generations, different members of the same religious family,” Benedict said.
The solution to these divisions, the way to move forward, Benedict explained, is “if we turn our gaze together to Christ!” Turning away from division and towards Christ, is the way that true spiritual renewal will occur, the Holy Father said.
Pope Benedict once again brought up the sexual abuse scandal in the context of striving for unity.
“I would like say a word about the sexual abuse that has caused so much suffering. I have already had occasion to speak of this, and of the resulting damage to the community of the faithful. Here I simply wish to assure you, dear priests and religious, of my spiritual closeness as you strive to respond with Christian hope to the continuing challenges that this situation presents.”
Benedict drew attention back to the architectural structure to make his final point.
“The unity of a Gothic cathedral, we know, is not the static unity of a classical temple, but a unity born of the dynamic tension of diverse forces which impel the architecture upward, pointing it to heaven. Here too, we can see a symbol of the Church’s unity, which is the unity – as Saint Paul has told us – of a living body composed of many different members, each with its own role and purpose. For the Spirit never ceases to pour out his abundant gifts, to awaken new vocations and missions, and to guide the Church, as our Lord promised in this morning’s Gospel, into the fullness of truth.”
“So let us lift our gaze upward!” the Pope called out.
Calling on the Holy Spirit to help the Church grow in holiness, he added, “If we are to be true forces of unity, let us be the first to seek inner reconciliation through penance. Let us forgive the wrongs we have suffered and put aside all anger and contention. Let us be the first to demonstrate the humility and purity of heart which are required to approach the splendor of God’s truth. In fidelity to the deposit of faith entrusted to the Apostles, let us be joyful witnesses of the transforming power of the Gospel!”
Pope Benedict closed by calling on American Catholics to “go forth as heralds of hope in the midst of this city, and all those places where God’s grace has placed us. In this way, the Church in America will know a new springtime in the Spirit, and point the way to that other, greater city, the new Jerusalem, whose light is the Lamb For there God is even now preparing for all people a banquet of unending joy and life. Amen.”
Saturday, March 29, 2008
Labour Law- Key Cases
Unfair dismissal
Airbus UK v Webb(unreported, EWCA Civ 49, 7 February 2008, CA)
Five employees were found guilty of misconduct for misusing company time (by watching television during working hours). Four employees were given final written warnings, but one employee was dismissed. This was because he had been given a final written warning for a similar act of misconduct thirteen months earlier. The warning had expired three weeks before the second act of misconduct. The employee brought an unfair dismissal claim which was upheld by an employment tribunal and the Employment Appeal Tribunal (EAT).
The Court of Appeal (CA) over turned the decision of the EAT, and held that the employee was not unfairly dismissed because the employer had relied on an expired warning. In a previous case Diosynth Ltd v Thomson [2006] IRLR 284 CS it was held that a spent warning should be ignored for all purposes. However the CA said that Diosynth was only authority for stating that it would be unreasonable for an employer to rely on an expired warning as a principle reason for dismissal. The CA also stated that under Diosynth the expired warning 'tipped the balance' in favour of dismissal (as other factors taken together would not have justified dismissal), but in the present case the employee was dismissed mainly because of his misconduct and not because of the expired warning.
Implications for employers:
- Employers who take expired warnings into account before implementing a dismissal will not necessarily have unfairly dismissed the employee. However, such a practice is still very risky.
- As a matter of best practice employers should not rely on expired warnings, especially not as the principal reason for dismissal.
- If an employer does rely on an expired warning and there is also underlying misconduct, it may be reasonable to take the warning into account as well -provided that the subsequent misconduct is sufficient to warrant dismissal in its own right.
Stress
Deadman v Bristol City Council
[2007] IRLR 888 CA
A council employee was accused of sexual harassment. The council's policy was that all harassment claims should be sensitively dealt with and investigated by a three-person panel. However, the investigation was carried out by a two-person panel and the employee raised a grievance. The council upheld his grievance, but left a letter on his desk informing him that the claims would be investigated by a three-person panel. The employee went off sick with depression and did not return to work. He then brought a personal injury claim. He argued, based on several Council documents that were not in his employment contract, that the Council had a contractual obligation to act sensitively and had failed to do so by merely leaving the letter on his desk telling him that the matter would be re-investigated.His claim was upheld by the High Court which held that the council was in breach of the employment contract and that it was reasonably foreseeable that such a breach would case a psychiatric illness.
This decision was overturned by the Court of Appeal which held that the use of a two-person panel was in breach of contract but it was not reasonably foreseeable that this would cause the employee a psychiatric illness.
Implications for employers:
- Employers will only be vulnerable to such claims if the harm suffered by the employee was a reasonably foreseeable result of the employer's actions.
- At the very least, employers should follow their own policies and procedures and any statutory procedures carefully.
- If employers implement contractual procedures, very careful attention should be paid to the wording as there may be a contractual term that the employer must follow its published procedure to the letter in the investigation of any complaints made against the employee.
- Employers will always be subject to the implied obligation of mutual trust and confidence, and the duty to take reasonable care, but any damage suffered by an employee must still be reasonably foreseeable.
Sex discrimination
Madarassy v Nomura International plc
[2007] IRLR 246, CA)
The Court of Appeal held that an employer is not obliged to prove that an employee was treated fairly once she had established that as a pregnant woman she had been discriminated against.
The employee, a banker, who claimed that she had suffered discrimination while pregnant went on maternity leave in March 2001. She also claimed that when she was on maternity leave she was not informed that her department was being restructured which put her at a disadvantage in the restructuring and redundancy process. In November 2001 she was dismissed for redundancy. She brought £1 million proceedings for discrimination citing 33 allegations. These allegations were dismissed by the employment tribunal and Employment Appeal Tribunal, apart from one concerning the employer's failure to carry out a health and safety assessment relating to her pregnancy.
The Court of Appeal had to decide what degree of unfair behaviour an employee was required to establish to transfer the burden of proof onto the employer to prove that it did not act unfairly. The Court of Appeal concluded that there had to be more than a set of circumstances where the tribunal could 'conclude' discrimination. Differences in status and treatment were not sufficient to establish a prima facie case of discrimination. It also ruled that the employer was correct in not carrying out a risk assessment as there was no evidence from the employer that her working conditions put her at risk. The employee is intending to appeal to the House of Lords.
Implications for employers:
- This is an important decision for employers who are now less exposed to sex discrimination claims in such circumstances as it will be harder for employees to establish that discrimination took place.
- In cases under the Sex Discrimination Act 1975 the employee always has to prove a prima facie case of sex discrimination. Previous cases have set this threshold at a very low level. The level now appears to be higher.
- However if a similar dismissal does take place the timing i.e straight after return from maternity leave will not of itself show a prima facie case of discrimination against the employer.
- There must be some other link in addition to the timing which suggests there may be a discriminatory reason for the dismissal, thereby enabling the employee to get the claim off the ground.
- An employee wishing to claim discrimination also now needs to show more than mere differences in status or treatment to force the employer to show that they have not discriminated. There needs to be something more than that.
- Despite this decision obviously the safest, most cautious, course of action for employers is always to try and avoid dismissing employees (or selecting them for redundancy) whilst they are pregnant, or during/upon return from maternity leave.
New Book-Employment Law
An Introduction for HR and Business Students
Description Employment Law can be a challenging subject for students who have no prior experience of studying or working with Law.
Employment Law: An Introduction for HRM and Business Students is an ideal text for those business students on undergraduate and postgraduate courses who are taking a module in Employment Law. It covers a comprehensive range of topics enabling students to gain a solid understanding of the key principles of the subject. The engaging, authoritative writing style and range of learning features make this a refreshingly accessible and student-friendly read.
This new edition has been thoroughly updated, and includes expanded coverage of the impact of EU Law, and Discrimination Law including ageism, sexual orientation, religious belief, harassment and disability.
Each chapter includes summaries of topical and relevant cases, direction to key sources of legal information and suggestions for further reading while covering the CIPD Standards for the Employment Law elective on the Professional Development Scheme (PDS).
This text includes a range of case studies, tasks and examples to consolidate learning and includes a brand new section on Employment Law study skills to help students get to grips with how to access and read law reports, understand the sources of the law, find and use up-to-date legal information (particularly websites) and how to prepare for exams and written assignments.
Contents Cases referred to in this book
Legislation referred to in this book
Preface
Acknowledgements
Studying Employment Law
The Formation of Employment Law
The Employment Tribunals and Employment Appeal Tribunal
Contract of Employment
Atypical Contracts and the Variation of Contracts
Individual Protection Rights
Discrimination (1)
Discrimination (2)
Termination of Employment (1)
Termination of Employment (2)
Trade Union Legislation
Privacy and Confidential Information
Health and Safety Legislation
Useful Websites
Index. About the author(s) Kathy Daniels
Kathy teaches at Aston Business School and is a tutor for ICS Ltd in Employment Law and related topics. She is also a tutor on the Advanced Certificate in Employment for the Chartered Institute of Personnel and Development. She is a fellow of the CIPD. She is a lay member of the Employment Tribunals, sitting in Birmingham. Prior to these appointments she was a Senior Personnel Manager in the manufacturing sector. Kathy has also written for a number of other CIPD texts including ''Employee Relations in an Organisational Context'', ''Equality, Diversity and Discrimination'' with Lynda Macdonald, and the forthcoming textbook from the Aston Centre of Human Resources, ''Strategic Human Resource Management: Building Research-Based Practice''.
Description
Employment Law: An Introduction for HRM and Business Students is an ideal text for those business students on undergraduate and postgraduate courses who are taking a module in Employment Law. It covers a comprehensive range of topics enabling students to gain a solid understanding of the key principles of the subject. The engaging, authoritative writing style and range of learning features make this a refreshingly accessible and student-friendly read.
This new edition has been thoroughly updated, and includes expanded coverage of the impact of EU Law, and Discrimination Law including ageism, sexual orientation, religious belief, harassment and disability.
Each chapter includes summaries of topical and relevant cases, direction to key sources of legal information and suggestions for further reading while covering the CIPD Standards for the Employment Law elective on the Professional Development Scheme (PDS).
This text includes a range of case studies, tasks and examples to consolidate learning and includes a brand new section on Employment Law study skills to help students get to grips with how to access and read law reports, understand the sources of the law, find and use up-to-date legal information (particularly websites) and how to prepare for exams and written assignments.
Legislation referred to in this book
Preface
Acknowledgements
Studying Employment Law
The Formation of Employment Law
The Employment Tribunals and Employment Appeal Tribunal
Contract of Employment
Atypical Contracts and the Variation of Contracts
Individual Protection Rights
Discrimination (1)
Discrimination (2)
Termination of Employment (1)
Termination of Employment (2)
Trade Union Legislation
Privacy and Confidential Information
Health and Safety Legislation
Useful Websites
Index.
Kathy teaches at Aston Business School and is a tutor for ICS Ltd in Employment Law and related topics. She is also a tutor on the Advanced Certificate in Employment for the Chartered Institute of Personnel and Development. She is a fellow of the CIPD. She is a lay member of the Employment Tribunals, sitting in Birmingham. Prior to these appointments she was a Senior Personnel Manager in the manufacturing sector. Kathy has also written for a number of other CIPD texts including ''Employee Relations in an Organisational Context'', ''Equality, Diversity and Discrimination'' with Lynda Macdonald, and the forthcoming textbook from the Aston Centre of Human Resources, ''Strategic Human Resource Management: Building Research-Based Practice''.
Friday, March 21, 2008
Mediation at Workplace
The Gibbons review heard evidence that early mediation or conciliation in the workplace is the key to resolving disputes before irretrievable breakdown in relations occurs.The issue is how far it may be possible to place more weight on such "alternative dispute resolution" mechanisms so as to reduce the volume of claims reaching employment tribunals and improve the quality of outcomes. How far can experience of resolving disputes in other areas such as family or commercial law be applied to the field of employment?
Workplace conflict damages business performance by reducing levels of employee engagement.
CIPD supports the view that there is a clear business case for mediation, which can be summarized as follows:
* Time - mediation is often completed in one meeting, compared with the two days or more typically required for tribunal hearings
* Legal representation for the parties is optional and, in the absence of a legal framework, less critical to outcomes
* Proceedings are confidential so that parties are less likely to be trapped by positions adopted earlier
* Mediation takes a problem-solving approach to complaints, which reduces disruption and future problems
* Agreement is less likely to mean that one party wins and the other loses, leading to lower employee turnover
* The process is evidently fair since both parties contribute to finding a solution
* "Win-win" solutions support trust-based relationships and a culture of good people management.
Constraints on the use of mediation
How far can mediation be expected to take more of the strain of handling workplace conflict? Some employers, particularly in the public sector, have invested in training their staff to undertake mediation; others make use of mediation services provided external sources. However mediation is not the only option for organisations that seek to reduce or deal with workplace conflict. Investigations by outside persons may help to create a shared understanding of the facts which will facilitate early resolution. Employee Assistance Programmes can also be useful in providing employees with a way of raising issues which are worrying them.
More generally, mediation is likely to be most effective where organisations have in place training and support for line managers in people management skills. Our members' experience suggests that, where such training has taken place, matters relating to alleged breaches of discipline or complaints by employees have been handled competently and concluded effectively. HR managers can support line management to restore trust-based relationships that have been disturbed by complaints including those related to discrimination, harassment and bullying.
However CIPD survey findings suggest that such training is not as common as it might be:
* only 30% of respondents train any employees in mediation skills
* training is more common in the public services (53%) than in other sectors (manufacturing and production 15%)
* 1in 4 employers use internal mediation
* 1 in 5 employers use external mediation (e.g. ACAS).
"Transactional" mediation and compromise agreements
A distinction can be drawn between "relational" mediation, which aims to produce a meeting of minds between the parties, and "transactional" mediation, which is primarily aimed at agreeing a settlement figure – perhaps with some conditions - which will compensate the employee for losing his or her job. Where a complaint has been resolved internally within an organisation through relational mediation, a compromise agreement may be considered as a means of endorsing the outcome. With the passage of time from an initial conflict emerging, the chances of successful relational mediation diminish but there may still be value in pursuing transactional mediation as a way of "drawing a line" under the relationship.
Where the aim is to agree a compensation figure in return for an employee leaving the organisation, whether or not there is a process of mediation, employers increasingly rely on concluding a compromise agreement with the employee. This is in order to ensure that no further statutory claims can be brought against the employer in respect of the employee's service with the employer. The Government should recognize the value of compromise agreements in resolving issues in a way that meets the interests of both employer and employee, without the use of statutory machinery, provided that the employee receives independent advice.
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