Thursday, July 16, 2020

Oy Gevalt! 32 Books for Jewish Book Month

Oy Gevalt! 32 Books for Jewish Book Month LSeforim (to books)! Each year, in the month before Chanukah, and thanks to the efforts of a public librarian in 20th century Boston, American Jews are given an opening to celebrate Jewish books. This year, Book Riot (or: me. I am. This list includes some of my perennial favorites.) is reading along with its own list of Jewish titles. These thirty-two books include novels, biographies, a childrens book, textual criticism, works on Israel and the diaspora, and scholarship for Shabbat reading. There ought to be something here for everyone. Enjoy (and, please, contribute your own titles in the comments section)! November 6th:  Jews and Words, Fania Oz-Salzberger and Amos Oz. On how the written word binds Jews together as a community, against history and despite fluctuations in belief. Fania and Amos write with real poetic skill. Not everyone loves this book, but I cannot help but. November 7th:  Who Wrote the Bible?, Richard Elliott Friedman. The place to start if youre interested in  biblical criticism. Friedmans text explores the authorship of the Torah, the first five books of the Hebrew Bible. One of my Bible professors sold it as a text-based mystery, which is an apt description. Its edifying, engaging, and provocative. November 8th: The World to Come, Dara Horn. This novel centers on a perhaps-stolen Chagall, but, like all of Horns books, it involves so much more. The Yiddish scholars sophomore novel incorporates Talmud, Jewish legends, history, and complicated family dynamics into a mix thats hard to resist. Beloved in my collection and often recommended. November 9th:  These Things Happen, Richard Kramer. I always feel compelled to compare this novel to  To Kill A Mockingbird. Its hard to say why, though. Maybe its that it made me both laugh and cry; or that Kramers writing is jaunty and clever. Maybe its that Kramer tackles exigent social issues (in the case of  These Things Happen: lgbt families and coming out as a youth). This novel acknowledges that the world is imperfect, but makes you feel pretty great about human potential, anyway. November 10th  (Sigd): For Sigd, a holiday celebrated by the Ethiopian Jewish community that relates to Mosess encounter with God, celebrate by reading about Ethiopian Jews. Ruth Grubers  Rescue: the Exodus of the Ethiopian Jews is a good choice. November 11th (Veterans Day): try Alan Wolfs  A Purity of Arms, a memoir about serving in the IDF as an American Jew.     November 12th:  Rise on Rosh Chodesh morning with the  Women of the Wall, who will be davening  to welcome  Kislev at  the Western Wall. They have a Torah scroll, they pray aloud, they wear tallitot  and  kippot.  None of these behaviors sound radical, but man oh man do the old school religious fellows get stirred up over it. You can learn more about Anat Hoffman and her glorious band of Jewish women through Phyllis Cheslers  Women of the Wall, which is a diverse collection  of essays that I love to pieces. November 13th: technically still Rosh Chodesh! Keep the Jewish feminism rolling with Judith Plaskows seminal  Standing Again at Sinai.  Did I wake people up mumbling about sexism and  minyanim  after reading this? Sure. But it was also a spiritual salve. Cannot recommend emphatically enough. November 14th:  The Torah: A Womans Commentary, Tamara Cohn Eskenazi. Shabbat Shalom! Meditate on the Torah portion from a feminist perspective. November 15th:  David: The Divided Heart, David Wolpe. Rabbi Wolpe is a gorgeous writer, and his approach to the infamous king of Israel reads as fresh and exciting. I chose this because its his most recent, but really, anything by Rabbi Wolpe is a treat. November 16th:  Black, White Jewish  and/or  Ade: A Love Story by Rebecca Walker.The first is a memoir; the second, a multicultural novel; the author, the daughter of Alice Walker, with whom she has a tempestuous relationship. November 17th:  Kosher Nation: Why More and More of Americas Food Answers to a Higher Authority, Sue Fishkoff. On how kashrut has become an industry in America. I used Fishkoffs book as a guide while keeping kosher, but its generally fun to read. Youll learn about kosher wine-making, the complications surrounding certification, and the whys and wherefores of recent explosions of interest in maintaining biblically-based dietary standards. November 18th:  Sacred Trash: the Lost and Found World of the Cairo Geniza, Adina Hoffman and Peter Cole. On the Cairo genizah. Has been criticized for being dry; I dont see that at all. This book fascinated me. November 19th:  My Promised Land: the Triumph and Tragedy of Israel, Ari Shavit. Explores the challenges and controversies surrounding modern Israel. Conservatives found it too liberal; liberals found it too conservative; I do believe that means hes doing something right. November 20th:  The Dovekeepers,  Alice Hoffman. Focuses on four women who find themselves at Masada at the time of the siege. Beautifully written. Wonderfully feminist. I hate how it was co-opted and diluted for television; skip that telling and stick to Hoffmans novel. November 21st:  From Text to Tradition, Lawrence Schiffman. A fantastic text exploring Judaism during the Second Temple period. This was assigned to me as a textbook, but I absolutely love it and recommend it widely. November 22nd:  No One is Here Except All of Us, Ramona Ausubel. The only Holocaust novel on this list, and one that often avoids dealing with the Shoah directly. Its characters live in a shtetl certain to fall victim to Nazi forces, but they decide to resist encroaching villains for as long as possible by imagining that theyre somewhere impervious to evil. Strange. Lovely. Will stick with you.     November 23rd:  The Septembers of Shiraz, Dalia Sofer. A Mizrahi family grapples with being marginalized and subjected to suspicion in the wake of the Iranian revolution. A novel from a non-Askenazi perspective. November 24th: To Life!, Harold Kushner. An approachable, humorous, piquing and persuasive book on Jewish identity. Courtesy of a rabbis recommendation on my end; I adore it and pass it on to those curious about the tradition. November 25th:  Elijahs Violin and Other Jewish Fairy Tales,  Howard Schwartz. I may be reading this book with yall! Just copied the title down while eyeing the bookcase of friends; ordered promptly. Seems like the perfect way to unwind in advance of Thanksgiving. November 26th  (Thanksgiving):  Rivkas First Thanksgiving, Elsa Okon Rael. A childrens book about a young girl who goes to ask her rabbi whether Jews should celebrate Thanksgiving. November 27th:  Shalom Coloring, Freddie Levin. Oy, the  tryptophan! Youve  got energy for plotzing, but not much else. Relax with this adult coloring book. (It counts!) November 28th:  People of the Book, Akiva Aaronson. A aesthetically pleasing, coffee-table sized book that walks readers through hundreds of years of Jewish publishing. Good study material for Shabbat.     November 29th:  Just Say Nu, Michael Wex. A fun introduction to conversational Yiddish; as much an appreciative text as it is an instructional one. November 30th:  One Hundred Philistine Foreskins, Tova Reich. A novel about a ferocious and controversial feminist rabbinical leader. You are guaranteed to have a strong reaction. December 1st:  Shekhina , Leonard Nimoy. A photographic celebration of the feminine divine. If you havent seen Nimoys photographs before, prepare to be awed. His accompanying text is also pensive and fantastic. May have to ILL it, but wholly worth any trouble. December 2nd:  In Her Shoes, Jennifer Weiner. Two Jewish sisters compete and wind their way toward a truce in this fun, and funny, novel from the feminist mainstay. The movie is excellent as well, and if you dont follow Weiner on Twitter, you SHOULD, because shes fabulous. December 3rd:  The Believers, Zoe Heller. Neuroses in upper Manhattan. Hellers novel centers on a secular family (one daughter has gone to the dark side by becoming religious) who take Jewish liberalism to a whole new level. Hellers characters arent really likable, but they are fascinating.     December 4th:  The Sabbath, Abraham Joshua Heschel. As close as a theological text can come to poetry. December 5th:  Palaces of Time,  Elisheva Carlebach. Again, a lovely book to own, but also a great text to study. A far-reaching exploration of the Jewish calendar; thrilling illustrations. December 6th:  Yentl the Yeshiva Boy, Isaac Bashevis Singer. Maybe you know the Barbra Streisand movie? Singer didnt like it. (I do.) The word is that he meant for his Yentl to be transgender. Barbras Yentl is cisgendered, and disguises herself as a man to study Torah. Im recommending that you read his version, watch Barbras film version (you deserve a little Mandy Patinkin after all of this reading!), and decide for yourself. (Two Jews, three opinions, right?)

Wednesday, June 24, 2020

Computer law and privacy at work - Free Essay Example

Report to Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Ausecours Board 31st May 2006 Re: Acquisition of Security Control Issues and Recommendations 1) Confidential Information Given the that the greatest value of SC lies in the ability of its employees to innovate and the quality and commercial potential of the resultant product, it is disturbing to learn that none of the employees is currently bound by any form of confidentiality clause in their contract and they have received no training or even informal guidance in the correct handling of confidential information. It is, of course counterproductive to develop a culture of obsessive secrecy such as that which results in the security classification of Ministry of Defence canteen menus but a workable definition should be developed without delay. It is suggested that this accord with the criteria expounded by Megarry V-C in Thomas Marshall (Exports) Ltd v Guinlƒ ©[1] including the test of whether the employer reasonably believes that the release of information will be injurious to him or advantageous to his rivals and whether it is reasonable to believe that the information is not already public. The information will of course have to be judged in accordance with the usage and practices of our industry. In respect of the existing unregulated situation, in the event of unwanted disclosure of confidential information prior to the introduction of revised contracts of employment, it may be possible to rely upon Faccenda Chicken Ltd v Fowler[2] in which employees similarly had no restrictive covenant in their contract of employment. The employer argued that they were nonetheless bound by an implied duty of confidentiality. Although the decision of Goulding J at first instance was unsatisfactory from our point of view, the criteria stipulated by the Court of Appeal in order for such a duty to apply may be of assistance: The nature of the employment; The nature of the information (this can be protected if it may be classed as a trade secret or was material which was in all the circumstances of such a highly confidential nature that it should be so treated; Whether the employer has impressed upon the employee the confidentiality of such information; and Whether the information can be freely isolated from other information which the employee is free to use or disclose. In respect of the third of these (impressing the nature of the information upon the employee) this may be the subject of immediate practical action. Once employees have been so informed, the implied duty should begin to apply notwithstanding the lack of express restrictive covenants in their contracts. The criminal law is unlikely to assist in this regard in its present form. An attempt in Scotland in Grant v Allen[3] to prosecute an employee who allegedly dishonestly took a quantity of computer printouts from a firm of carriers failed with the court commenting that à ¢Ã¢â€š ¬Ã…“to make a declaratory finding that it is a crime dishonestly to exploit confidential information belonging to another would have far reaching consequences in this technological ageà ¢Ã¢â€š ¬Ã‚ ; it was suggested that this was a matter for legislation. However, the English Law Commission in its Working Paper on Conspiracy to Defraud[4] similarly eschewed the opportunity to make the abuse of confident ial information the subject of criminal proceedings unless perhaps in circumstances in which a conspiracy had been formed with the intent to deprive a person of confidential information to their financial prejudice. Accordingly it is recommended that a programme of training be urgently implemented to make employees of SC aware of what constitutes confidential information and stresses that they are already bound by an implied duty of confidentiality. In parallel with this, Human Resources should attend without delay to the revision and reissue of the necessary contracts of employment. In the instance of short-term instances of potential abuse which may prove damaging such as employees disgruntled by the take over seeking to leave and use SC information to establish their own ventures, consideration might be given to the issuing of applications where appropriate for à ¢Ã¢â€š ¬Ã…“springboard injunctionsà ¢Ã¢â€š ¬Ã‚  as in Roger Bullivant Ltd v Ellis[5]. These of course will be strictly limited in time but should at least cover the period in which the ex-employee is seeking to gain a à ¢Ã¢â€š ¬Ã…“head startà ¢Ã¢â€š ¬Ã‚  by the use of such information. 2) Pornography At present, employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s contracts do not forbid personal use of the internet. As a preliminary point, it is suggested that this is reviewed. Quite apart from the specific difficulties to which such use may give rise such as, for example, in the case of the circulation of pornography discussed below, the accessing of websites and the use of the internet during working hours for the sending and receiving of personal e-mails is becoming a contentious issue in every workplace. What may be regarded as a harmless à ¢Ã¢â€š ¬Ã…“perkà ¢Ã¢â€š ¬Ã‚  is capable of escalating to the extent that much productive working time is lost placing the employee in breach of their duty of fidelity and resulting in great impairment to the efficiency of the organisation. Happily, it appear s that at present this use is restricted to the accessing of à ¢Ã¢â€š ¬Ã…“adultà ¢Ã¢â€š ¬Ã‚  websites and there have, as yet, been no complaints from other employees about the distribution of such material. Nonetheless, it is submitted that this is a practice which should be discouraged. Although internet pornography is a relatively new phenomenon, it is still within the ambit of the Obscene Publications Act 1959. This provides that an article is obscene and thus its distribution is liable to criminal prosecution where it has a tendency to deprave or corrupt persons who are likely, having regard to all the relevant circumstances, to come into contact with it. The fact that this rather antiquated piece of legislation which could never have foreseen current technological developments should still be taken seriously can be observed from R v Perrin[6] in which the appellant had been convicted of publishing an obscene article, namely a web page which contained images of coprophilia and fellatio. This was accessed by a police officer. The conviction was challenged under Article 10(1) of the European Convention on Human Rights on the ground that it breached the right of freedom of expression. However, the Court of Appeal held that Article 10(2) allows derogation from the right of freedom of expression where this is necessary in a democratic society for the prevention of disorder or crime or the protection of morals. The Court of Appeal took the opportunity to refine and update the applicable test: à ¢Ã¢â€š ¬Ã…“First, whether any person or persons were likely to see the article, and if so, whether the effect of the article, taken as a whole, was such as to tend to deprave and corrupt the person or persons who were likely, having regard to all the relevant circumstances, to see the matter contained or embodied on it.à ¢Ã¢â€š ¬Ã‚  A discussion of this subject is always likely to give rise to a certain amount of juvenile mirth. It may be suggested, for ex ample, in the light of the comments circulated about my understanding of motor car brands (the subject of a further brief below) that the employees of SC are already beyond the risk of being depraved and corrupted the damage already apparently having been done. However, it is recommended that this issue be taken seriously. In particular, regard should be had to the Protection from Harassment Act 1997 which makes it an offence to pursue a course of conduct designed to cause alarm and distress to another. While, for example, it may be considered amusing to send graphic sexual images to young female employees or, more probably, the à ¢Ã¢â€š ¬Ã…“ladies of a certain ageà ¢Ã¢â€š ¬Ã‚  in the Accounts Department, if this were to reach a certain level of intensity, it could form the basis of criminal prosecution. More immediately, such conduct could be presented as sexual harassment (which can also be directed against same-sex colleagues and transsexuals: Chessington World of Adventures v Reed[7]) which could give rise to a liability on the part of the employer if the conduct was known of and not acted upon or there was found to be insufficient supervision in place to guard against such conduct. This, in itself, could expose the company to proceedings in the Employment Tribunal. These might become particularly serious if an employee were driven to the point of leaving and then claiming constructive dismissal. It is strongly recommended therefore that guidelines regulating the use of the internet in general and the accessing of pornography in particular be immediately promulgated with it being made clear that any breach will be considered a disciplinary offence. 3) Defamation I am quite confident in my ability to distinguish rusting heaps of Scandinavian metal from the more intimate aspects of the female anatomy and I make it clear therefore that I do not propose on this occasion to take any action in respect of the à ¢Ã¢â€š ¬Ã…“hilariousà ¢Ã¢â€š ¬Ã‚  e- mail circulated on the subject. However, the existence of an office culture in which the circulation of such material is considered not only permissible but potentially amusing gives cause for concern. The law of defamation is quite clear. A defamatory statement is one which injures the reputation of another by exposing him to hatred, contempt or ridicule or which tends to lower him in the esteem of right thinking members of society (Parmiter v Coupland Another[8]). Employees should be advised that while the common perception of libel is limited to statements published about celebrities in tabloid newspapers, it is just as capable of applying in the workplace. The important issue in this context is à ¢Ã¢â€š ¬Ã…“publicationà ¢Ã¢â€š ¬Ã‚ . Once again, while this would seem to be a concept applicable only to the Press, a salutary lesson can be learned from Riddick v Thames Board Mills[9]. This concerned an internal memo following the dismissal of two employees. It was based on the report of two other employees which was found to be inaccurate and malicious. This report formed the basis of a memo which a manger dictated to his secretary and then sent to another manager who read it and filed it away. Although Lord Denning dissented in the Court of Appeal on the basis that this was a document which was only produced during discovery and ought therefore to be regarded as privileged, Stephenson and Waller LJJ disagreed and held that communications between employees, often involving communication with secretaries, had for a long time been treated as publications. (This principle is one which may well surprise many of our managers and it is worth observing in passing that an element of guidance and training at this level may be appropriate it will be noted that I have taken care elsewhere to describe the present standard of record keeping as à ¢Ã¢â€š ¬Ã…“inconsistentà ¢Ã¢â€š ¬Ã‚  when more choice language may have sprung to mind!) However, this being so, thes e strictures must apply with still greater force to intra-office e-mails. Quite apart from any issues which arise in respect of the conduct of individual employees in this regard (I repeat my comments in Brief 2 in respect of an employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability for harassment and discrimination and potential remedies under employment law), I am concerned about certain developments in respect of the law of libel as applied to electronic communication. In Godfrey v Demon Internet[10], it was held that Internet Service Providers (à ¢Ã¢â€š ¬Ã…“ISPsà ¢Ã¢â€š ¬Ã‚ ) can be held liable for the publication of defamatory material if they store such material on their servers where it is accessible to customers. The argument that they were simply the holders of an electronic device through which information was transmitted was rejected. Although I have not been able to locate any authority exactly on point as yet, I am concerned lest it might be possible to apply this principle to our company on the basis that we might in certain circumstances be seen to be publishing such libels by allowing them to be accessible on our systems. I recognise that this would not apply in the case of personal or group e-mails since we cannot be responsible for their content and are not making them generally available but open for a such as departmental message boards and discussion groups might not be able to escape liability in the same way. Of course, there is now a statutory defence available under section 1 of the Defamation Act 1996 provided it is possible to show that an administrator of an electronic network of this type took all reasonable care in relation to the publication of the statement and did not know (nor could have known) that what they did contributed to the publication of the statement. Obviously, such a defence will be negated if we continue to maintain systems without supervision upon which it is possible to post such material particularly having regard to the f act that even at this stage of acquisition we have become aware of an apparent propensity on the part of certain employees to circulate material of this type. In any event, ongoing monitoring and regulation will be required. The statutory defence failed in Demon Internet because it was shown that the ISP had had the relevant material drawn to its attention and had not taken steps to remove it for some two weeks. 4) Data Protection It is disturbing to note that SC is the subject of a number of complaints to the Data Protection Commissioner. (This issue also impinges upon the area of record keeping discussed at the presentation). A review of systems is therefore imperative. The Data Protection Directive[11] prescribes five principles relating to data quality. It must be: Processed fairly and lawfully; Collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; Adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed; Accurate, up to date and complete; where this is not so the data must be erased or rectified; Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed. These principles are largely replicated (albeit numbered at eight) in the Data Protection Act 1998. I am concerned at certain aspects of the current SC approach to data. For example, there is much in the current recruitment and ongoing employment of staff that is, to put it mildly, irregular. Where data is collected from a subject as in our current recruitment process, Schedule 1, Part 2, para.3 of the 1998 Act requires that the subject must be supplied with: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦any further information tat is necessary, having regard to the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair.à ¢Ã¢â€š ¬Ã‚  This means that prospective employees should be informed whether providing answers to any questions is voluntary or compulsory and as to the possible consequences of a failure to reply. At present, there is no distinction on the application forms between the questions in relation to previous criminal convictions (and no reference to the Rehabilitation of Offenders Act 1974) and the other questions which are asked about ethnicity (to which the subject is not required to reply) and which, it must be made clear, are for equality and diversity monitoring purposes only. The existing question relating to sexual orientation is wholly unacceptable under the terms of the Employment Equality (Sexual Orientation) Regulations 2003[12]. The present approach to storage of data is entirely haphazard. The most cursory review of the HR Department files reveals personal files which relate to employers who left SC many years ago (while the retention of such information for a period of time for purposes such as the supply of references is legitimate, some of these files are now so antiquated that it might be doubted that the subject is still living). In any event, it is clear that even the information in respect of current employees has not been kept updated. There is therefore a breach of the obligations imposed by the Directive and the Act either to update such information where appropriate or to erase it. Of greatest concern is the issue of data security. The seventh data protection principle contained in the 1998 Act requires that: à ¢Ã¢â€š ¬Ã…“Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.à ¢Ã¢â€š ¬Ã‚  The practical position in this regard at present is appalling. None of the computer systems in Payroll is password protected. A recent visit to the coffee bar revealed employees leafing through HR Department files which have been left in there in an unlocked à ¢Ã¢â€š ¬Ã…“overspillà ¢Ã¢â€š ¬Ã‚  filing cabinet. I recommend the immediate appointment of a data controller to review as his/her first priority, the security of all computer and manual systems and implement adequate training and supervision to ensure the competence and reliability of all staff having access to personal data. 5) Disciplinary Procedures Finally, I am asked to identify another issue which will impinge upon the take over of SC. While there is so much to choose from (!), I am concerned to note that in common with the current raft of complaints to the Data Protection Commissioner, the HR Department appears to be awash with Forms ET1 commencing proceedings against SC in the Employment Tribunal. A review of these applications demonstrates that a great many problems stem from the currently cavalier approach of Managers to the disciplining of members of their department. There exists a macho and à ¢Ã¢â€š ¬Ã…“laddishà ¢Ã¢â€š ¬Ã‚  culture that would be unacceptable on a building site still less in a high-tech company. For example, following a recent dispute over the way in which a software design task was to be carried out in the IT Department, the Manager was heard to say to an employe e, à ¢Ã¢â€š ¬Ã…“You do it my way or you can f*** off!à ¢Ã¢â€š ¬Ã‚ . When the unwanted method of work was repeated, the employee was summoned to the Managerà ¢Ã¢â€š ¬Ã¢â€ž ¢s office and told, à ¢Ã¢â€š ¬Ã…“Ià ¢Ã¢â€š ¬Ã¢â€ž ¢ve told you once you pusillanimous little w*****, now sling your hook!à ¢Ã¢â€š ¬Ã‚ . The employee was escorted from the premises by security. Following receipt of the ET1 alleging unfair dismissal, the Manager was interviewed by the HR Department and indignantly claimed that he had administered a à ¢Ã¢â€š ¬Ã…“verbal warningà ¢Ã¢â€š ¬Ã‚  and was therefore entitled to sack the employee à ¢Ã¢â€š ¬Ã…“on the spotà ¢Ã¢â€š ¬Ã‚ . This is disastrous. First, it should be obvious to even the most insensitive of managers that the ability summarily to dismiss an employee is restricted to instances of gross misconduct. A useful test is contained in Laws v London Chronicle (Indicator Newspapers) Ltd[13] in which it was formulated as: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of serviceà ¢Ã¢â€š ¬Ã‚ . Therefore, while instances such as fighting or theft might warrant dismissal without notice, a dispute over the approach to a computer project can hardly be said to fall into this category. In any event, even if there had been a dismissal with notice, it would probably have been regarded as unfair on the merits but, more particularly for the purpose of the internal organisation of the company, it would have been held to have been à ¢Ã¢â€š ¬Ã…“automatically unfairà ¢Ã¢â€š ¬Ã‚  by virtue of the Employment Act 2002 which introduced the new s.98A(1) into the Employment Rights Act 1996 and requires adherence to the procedures laid down by the Employment Act 2002 (Dispute Resolution) Regulations 2004[14]. As a matter of the greatest urgency all managers should be made aware that there is now a statutory procedure t o be followed in all instances where the disciplining or dismissal of an employee is contemplated. The employee should be informed of the allegation against him and given an opportunity to consider it before attending a meeting (at which he has the right to be accompanied by a work colleague or Trade Union representative) at which the allegation is investigated and a decision reached. Thereafter, there is still a right of appeal to be exhausted before a dismissal can be confirmed. This is known as the à ¢Ã¢â€š ¬Ã‹Å"Standard Procedureà ¢Ã¢â€š ¬Ã¢â€ž ¢. Even in instances of gross misconduct requiring immediate dismissal and removal from the premises, there is a Modified Procedure to be followed. In the event of a claim of unfair dismissal where these procedures are not followed, the dismissal will be deemed automatically unfair even if it could have been justified on other grounds. Worse still, the Tribunal is then obliged to increase the appropriate award by 10% and may where it co nsiders it appropriate to do so increase it further up to an overall maximum of 50%. I recommend therefore that the HR Department is overhauled to ensure that they are fully conversant with these requirements and managers instructed to consult and involve them before taking any action relating to matters of discipline. Bibliography Bainbridge, D., Introduction to Computer Law, (5th Ed., 2004) Bowers, J., A Practical Approach to Employment Law (7th Ed., 2005) Deakin, S., Johnston, A. Markesinis, B., Markesinis and Deakinà ¢Ã¢â€š ¬Ã¢â€ž ¢s Tort Law (5th Ed., 2003) Lloyd, I., Information and Technology Law (4th Ed., 2004) Westlaw www.opsi.gov.uk Footnotes [1] [1978] ICR 905 [2] [1986] IRLR 69 [3] 1987 SCRR 402 [4] Law Com No.104 (1987), paras.10.45-10.46 [5] [1987] IRLR 491 [6] [2002] EWCA Crim 747 [7] [1998] ICR 97 [8] (1840) 6 MW 105 [9] [1977] QB 881 [10] [1999] 4 All ER 342 [11] Directive 95/46/EC, Art.6 [12] SI 2003/1661 [13] [1959] 1 WLR 698 [14] SI 2004/752

Monday, May 18, 2020

Is Sustainability More Than A Meaningless Buzzword

Is Sustainability Enough? Stop pretending you are sustainable. In fact, stop pretending you even know what the word â€Å"sustainable† means. In a world where we are inundated with social media feeds, slogans, buzzwords, flashy ads, and media coverage, it can be difficult to weed out the truth from the fluff. When it comes to environmental issues, that’s where things start to get dangerous. If we allow fads, marketing, and social pressure to lead us around blindly, we will be forced to tout empty symbols and gestures of what mob rule considers sustainable. Even worse, we will be taking up mind share and resources that could be spent on something we are truly passionate about, where real meaningful change can begin. Elizabeth Scharpf argues that we need to bring clarity to the now ambiguous term â€Å"sustainability† in her article â€Å"Why sustainability should be more than a meaningless buzzword.† The problem is that the word sustainability is so overused and thus too far gone to have any hope of being revived or made into a cornerstone of an environmental movement. While I agree that â€Å"sustainability† should be more than a meaningless buzzword, it has been so saturated that it is now not only meaningless, it’s dangerous. When we are left to fend for ourselves regarding sustainability’s true meaning, we are in danger of allowing social pressure to blindly lead us down the path of what it deems â€Å"sustainable† at the moment. Too often mind share and resources are wasted on satisfying theShow MoreRelatedStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesSelf-Assessment Library What’s My Attitude Toward Older People? 40 Myth or Science? â€Å"Dual-Career Couples Divorce Less† 47 An Ethical Choice Religious Tattoos 51 glOBalization! Images of Diversity from Around the Globe 54 Point/Counterpoint Men Have More Mathematical Ability Than Women 61 Questions for Review 62 Experiential Exercise Feeling Excluded 62 Ethical Dilemma Board Quotas 62 Case Incident 1 The Flynn Effect 63 Case Incident 2 Increasing Age Diversity in the Workplace 64 3 Attitudes and Job Satisfaction

Wednesday, May 6, 2020

The Effects Of Torture On Human Rights Violations

Although the use of torture has been around since the first century, most Americans did not debate on the controversial topic until after the Abu Ghraib incident surfaced in April 2004. The Baghdad Central Prison, formerly known as Abu Ghraib prison was a complex west of Baghdad. During the war in Iraq, US armed forces committed a number of human rights violations, including â€Å"pouring phosphorus liquid on detainees, pouring cold water on naked detainees, beating detainees† (Hersh) and committing other psychological, physical, and sexual abuses. At the Abu Ghraib prison, military officials abused detainees for several reasons or without providing a reason. Enhanced interrogation techniques are sometimes seen as necessary to extract information, punish detainees, and instill fear; however, occasionally torture is used without providing a reason. Proponents of torture insist its legitimacy in special circumstances, especially when handling international terrorists. Opponents of torture believe these human rights violations are medieval and inhumane. Torture is illegal in the United States and no United States agency can legally engage in torture abroad. No country should engage in enhanced interrogation techniques because the methods are a violation of ethical principles, a violation of international law, a form of cruel and unusual punishment, ineffective in combating terrorism, and immoral, dehumanizing acts related to a lack of moral integrity. First of all, the definitionShow MoreRelatedThe Convention Against Torture Essay1122 Words   |  5 Pages Around the world and around the clock, human rights violations seem to never cease. In particular, torture violations are still rampant all over the world. One regime, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, establishes a strong elaboration of norms against torture. Despite its efforts, many countries still outright reject its policies against torture while other countries openly accept them, but surreptitiously still violate them. The US, IsraelRead MoreRussia And The Ukrainian Government1671 Words   |  7 PagesIn war-torn eastern Ukraine, both the Ukrainian government and the separatists acting on behalf of Russia violate the human rights established in the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.Ukraine has been a nation in crisis since 2013, when then-president Viktor Yanukovych refused to sign an association agreement with the European Union that had been in the works for ye ars, instead choosing to strengthen ties with Russia. This led to a politicalRead MoreHuman Right Violations. Around The World The Thirty Different1243 Words   |  5 PagesHuman Right Violations Around the world the thirty different rights that are provided to every human being are being violated. The countries that are very notable to their human rights violations are Germany, Israel, Gambia, Kenya, Russia, Syria, and more. A solution that has been put to stop human rights violations are sanctions against countries, however these sanctions cost money and some countries do not have money therefore not all sanctions can be made. How can we the United States bring aboutRead MoreTorture Is It Ever Permissible?1191 Words   |  5 PagesPERMISSIBLE TO TORTURE SOMEONE  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1  Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚   Is it ever permissible to torture a person  Ã‚   Patricia Brawn  Ã‚  Ã‚  Ã‚   PHI 103: Informal Logic  Ã‚  Ã‚  Ã‚   Elisabeth Nicholes  Ã‚  Ã‚  Ã‚  Ã‚   January 30,   2017  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚   Running Head: IS IT EVER PERMISSIBLE TO TORTURE SOMEONE  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  2  Ã‚   Torture is considered to be a cruel and degrading  act of causing severe pain   either mentally or physically to another human being   by usingRead MoreThe Double Complications Of Explorary Protocols922 Words   |  4 Pagesset of explanatory variables, namely individually and included in the CINC measure. This multicollinearity can lead to biased estimators of the dependent variable. A similar analysis is dealing with the question whether the content of various human rights conventions and the costs associated with their ratification will influence states decision to join the treaty in the first place (Cole, 2005, p. 472) .On the one hand, associated costs are the costs occurring with harmonizing policies and practicesRead MoreA Perspective On Human Rights892 Words   |  4 Pagesthe broader moral nature of human rights, and restrictive, in its recognition, utilisation and understanding of human right, allows a further debasement of the perspective, in that it utterly misinterprets human rights violations by both individualising, and decontextualizing them This point picks up a recurrent theme of this paper, that a legalist perspective on human rights has a reactionary approach with a focus on identifying the wrongdoer of a human rights violation , rather than to set peremptoryRead MoreThe Theory Of Human Rights1582 Words   |  7 PagesWhile the concept of human rights was not first developed during the Enlightenment period it made great advances during this time due to the change in thinking that took place. According to Kocchar online, â€Å"The thinkers of the Enlightenment believed that human reason could discover the natural laws of the universe, determine the natural rights of humankind, and thereby achieve continuous progress in human knowledge, technology, and society.† (Lesson I) This description of the change in thought isRead MoreDemocracy And Government Repression Essay. Democracy Is1620 Words   |  7 Pagesis a difficult concept to define, with almost every nation state in the world self-defining themselves as such, when in fact not all are. The complexity of the definition of democracy poses challenges when one is trying to analyse the causes and effects that democracy can have. Democracy occurs by degree, not in absolutes, further complicating analysis. The traditional definition of democracy prior to the revolutions of the 18th and 19th centuries, was one of direct democracy, where every citizenRead MoreEssay on What is the Purpose of Prison and what Tries to Achieve1308 Words   |  6 PagesHowever, studies about prisoners mainly focus on the effects prison has on them and how it affects society. There is luck of research actually looking at the prisoner experiences inside the prison and what issues they face. The Human Rights, including sexual abuse, are very common in US, and the number of victims inside the prison is dramatic. Moreover, by looking at the UK prison statistics and taking into consideration the number of reported violations in UK, it gives us better perception of ho w underestimatedRead MoreThe Moral And Ethical Treatment Of Being Respected And Treated Humanely1702 Words   |  7 PagesFrom my perspective, dignity is the nourishment and affirmation of one’s self-worth; in other words, fuel that every human possesses and should have preserved to remain fully human. However, prominent 19th century social reformers like Jeremy Bentham were critical of the notion that prisoners ought to possess declared rights. Bentham thought it was naà ¯ve to reason that declared rights could exist outside the law, and his criticism derives from a theoretical commitment to a system where law, punishment

The Role Of Women During History Throughout The 20th Century

The role of women in history has changed dramatically over time, especially in the past century. Most of the time, she is presented as a victim of society, helpless and hopeless. Blamed and accused of being the root of all the problems. She is often sidelined because of being a confused being, not knowing what she wants and at the same time, she is the center of attention and the subject of man’s fantasy (the male gaze). History is full of evidence and stories of violence against women, who are subject to the cruel tortures in the male dominate society. It was not until the 20th century when women got the right to vote after several years of protests and movements. It is of great interest to me to notice, observe and analyze what the role†¦show more content†¦The Piano is the story of a woman – an artist, who is the victim of society. Ada McGrath, the mute pianist, who is already the mother of a little girl, is married to a man who she has never seen. She is dr opped at the coast of New Zealand unwillingly and spends the night in the little hut she and her daughter had made. Next morning, her husband and his men come to take them home. She has her piano with her too but that is not carried as her husband claims they do not have enough men as she had a bunch of suitcases with them already. One thing to be noted is that when Ada McGrath appeared for the first time in front of his new husband, he gave a slight repulsive or disapproving look. Later in the scene, he is seen asking his friend â€Å"What do you think?† to which his friend tells him she looks tired. Until this moment, Ada has been denied her wish twice. She is dropped at the coast against her wish, and her husband leaves her piano at the coast even though she insisted. On the top of that, she has been judged as a property and an object. Clearly, she is not like what her husband had expected. He must have expected a more beautiful and young wife and therefore he looked a bit disappointed. The story continues and the piano is left at the coast and the newly formed family reaches home making their way through the deep mud and woods. On reaching her new home, she is seen not adjusting in the new family and their ways. She remains quiet all the

The Effects of teenage drug abuse Free Essays

Drugs had a terrible effect on teenagers. It is a bad habit because they don’t know the consequences. When teenagers use drugs, the negative effects can be seen in family relationships, academic performance, and even criminal. We will write a custom essay sample on The Effects of teenage drug abuse or any similar topic only for you Order Now Drugs use often leads to a breakdown in family relationships. First of all, teens on drugs often stop communicating with parents such as they don’t want to go anywhere with their parents because they want to stay at home and use drugs. Second, teens may lie or begin acting strangely at home to protect their drug use. For example, they don’t want anyone come inside to the room because they think the people can stolen his drugs. Finally, teens may begin to be violence. Specifically, they can hit you if you don’t give money when they ask you for more money to buy more drugs. Also Drugs affected their school. Teens may begin irresponsible in the school. First, students stop caring about schoolwork such as they don’t do their homework. Second, they may start bothering other kids at school. One consequence of drugs is they feel power for do everything. Related essay: How Teenagers Spend Their Time Essay Finally, they often skip school to be with their friends who do drugs. In particular, they think is better spending all the time with their friends who do drugs than go to school since they use drugs. If teens become addicted o drugs, they will do almost anything; sometimes even commit crimes, to get drugs. First, drugs are expensive, so teens usually run out of money to buy them such as they spend all their money they have to get more drugs. Next, they might begin stealing from their parents. One effect of drugs is they don’t have more money, for this they begin to stealing. Then they may begin to kill people such as if you don’t give money when they ask you they can kill you to get the money for buy more drugs. In conclusion, Drug is the result of bad habit and makes everyone crazy especially teenagers because drug use often leads to a breakdown in family relationships, teens may begin irresponsible in the school, and they will do almost anything like commit crimes. How to cite The Effects of teenage drug abuse, Essay examples