Mexican journalist murdered while under federal protection

first_imgIn August 2018, after the murders of two other journalists in Playa del Carmen – Rubén Pat and José Guadalupe Chan Dzib of Semanario Playa News (an online weekly) – Romero requested protection from the Federal Mechanism for Protecting Journalists, which gave him a “panic button” and four police bodyguards who followed him whenever he went out. Reporters Without Borders (RSF) is appalled to learn that Francisco Romero Díaz, a freelance crime reporter who was receiving Mexican government protection, was murdered today in Playa del Carmen, in the southeastern state of Quintana Roo. He was the fifth journalist to be slain this year in Mexico, now the world’s deadliest country for the media. NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say Follow the news on Mexico News RSF_en The other journalists murdered this year in Mexico were Telésforo Santiago Enríquez, Jesús Eugenio Ramos Rodríguez, Rafael Murúa Manríquez and Santiago Barroso. Romero’s death means that Mexico is now the world’s deadliest country for journalists. 2011-2020: A study of journalist murders in Latin America confirms the importance of strengthening protection policies May 13, 2021 Find out more News MexicoAmericas Condemning abusesProtecting journalists Citizen-journalistsFreedom of expressionViolence to go further Reporter murdered in northwestern Mexico’s Sonora state May 5, 2021 Find out more But he was not being escorted at the time of his murder. Rubén Pat was also receiving protection from the Federal Mechanism when he was killed. Organisation MexicoAmericas Condemning abusesProtecting journalists Citizen-journalistsFreedom of expressionViolence “The Quintana Roo authorities must quickly identify the perpetrators and instigators of this shocking execution-style murder and bring them to justice,” said Emmanuel Colombié, the head of RSF’s Latin America bureau. RSF has been told that Romero received a phone call at around 5 a.m. today urging him to go at once to a nearby bar called La Gota to cover an important event. His lifeless body was found a few meters from the bar an hour later. He had been badly beaten and then shot in the head. A freelance crime and court reporter, correspondent for the regional daily Quintana Roo Hoy, who had founded a local news page on Facebook called “Ocurrió Aquí,” Romero had often received death threats in connection with his reporting. Help by sharing this information Reports News Receive email alerts Mexico is ranked 144th out of 180 countries in RSF’s 2019 World Press Freedom Index. Source: Facebook “Francisco Romero Díaz is the fifth journalist to be murdered this year in Mexico. The government must take bold decisions and completely overhaul the Federal Mechanism for Protecting Journalists, whose effectiveness is constantly being called into question.” April 28, 2021 Find out more May 16, 2019 Mexican journalist murdered while under federal protectionlast_img read more

Justice YV Chandrachud: A Gentle Colossus-A Centennial Tribute

first_imgColumnsJustice YV Chandrachud: A Gentle Colossus-A Centennial Tribute V.Sudhish Pai11 July 2020 9:15 PMShare This – xA hundred years since he was born and thirty five years after he retired, it is appropriate to remember and pay tribute to Justice Y. V. Chandrachud, the 16th Chief Justice of India. He has the unique distinction of having had the longest tenure of about seven and half years as Chief Justice of India which would in all probability remain unparalleled. He was indeed a great judge, one…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA hundred years since he was born and thirty five years after he retired, it is appropriate to remember and pay tribute to Justice Y. V. Chandrachud, the 16th Chief Justice of India. He has the unique distinction of having had the longest tenure of about seven and half years as Chief Justice of India which would in all probability remain unparalleled. He was indeed a great judge, one who could hold his own among the great of all time anywhere, and a gracious human being. To borrow what was said of a former US Chief Justice Harlan Fiske Stone, Justice Chandrachud was a judge’s judge and his idiom was of the law. Yeshwant Vishnu Chandrachud was born on July 12, 1920 on the holy Ashada Ekadasi- Hari Shayana Ekadasi, a very auspicious day according to the Hindu calendar which fell on 1st July this year. His father Vishnu Chandrachud was one of the earliest LLMs of the Bombay University and was the Diwan in the then princely State of Sawantwadi. He lost his mother when he was very young and was brought up by his uncle, N.B.Chandrachud, a leading lawyer of Poona. A brilliant student, Yeshwant had a very distinguished academic career. He was truly a man of letters- well and widely read and highly cultured – a ‘cultivated man’ in the picturesque language of Justice Frankfurter. He did mention to me once that most of his wide and varied reading was done before completing the high school. That is the measure of the man. He did his B.A. Degree in History and Economics from Elphinstone College, Mumbai and Law at the Pune Law College. He obtained a first class first and also many prizes and scholarships. He sat in the chambers of Motilal Setalvad for sometime studying for the O.S. examination to fulfill a condition of one of the scholarships. He joined the Appellate Side Bar and was a one hundred percent product of the Appellate Side of the Bombay High Court, to use his own words. For some years he was along with Nani Palkhivala a part time professor in Law at the Government Law College, Mumbai. He recounted in later years how he and Nani would share a horse-drawn ‘baggi’ to reach the law college in time, as they could not afford a taxi. Their students included some of the best legal talent in post independence India- Fali Nariman, Soli Sorabjee, Anil Divan, Ashok Desai, Murali Bhandare, to name a few. All of them shared the view that the lectures of Chandrachud and Palkhivala were the most interesting; it is said that Chandrachud was the more humorous. They never missed those classes and wished that those lectures would not end but go on. Palkhivala’s and Chandrachud’s classes always had full attendance because of their erudition, command over language and teaching skills. Yeshwant Chandrachud soon established himself as a sound lawyer and effective advocate. Chief Justice Chagla with his discerning eye for talent spotted both Yeshwant and Nani and greatly encouraged them. They were extremely good in their own right and would have gone very far in any case, this encouragement helped them bloom and shape themselves and shine perhaps with greater ease and confidence. Indeed Chief Justice M. L. Pendse once told me how as a young lawyer, he used to watch Chandrachud handle a large number of briefs effortlessly, competently and with finesse and how Chandrachud had advised him as to how to go about the job. After being Additional Assistant Government Pleader and Assistant Government Pleader, Chandrachud was appointed Government Pleader in 1958 and in that capacity he was the second Law Officer of the Government, next only to the legendary Advocate General Homi Seervai. He played his part admirably well. He was equally adept in both civil and criminal matters. He prosecuted the well known Nanavati case in the Bombay High Court and briefed Setalvad in the Supreme Court. The atmosphere was charged with a powerful lobby campaigning in favour of Nanavati. Chandrachud stood his ground with exceptional ability and unimpeachable integrity. Had he not fearlessly held his ground as Prosecutor, the High Court would not have quashed as perverse the verdict of the jury which held Nanavati not guilty. The successful prosecution of Nanavati showed his forensic ability as a lawyer on the criminal side. His performance in that case was outstanding and reputed to be one of the best ever in the Bombay High Court. Chandrachud argued an election appeal for 20 days with great ability and tenacity but all along the court was against him; he, however, stuck to his points and on the 21st day the tables were turned and he succeeded. A sound grip of the fundamentals, clarity of thought and a rare felicity of expression were his gifts. On March 19, 1961 Y. V. Chandrachud was appointed a Judge of the Bombay High Court and then began a glorious judicial tenure. On August 28, 1972, he was elevated to the Supreme Court and was appointed Chief Justice of India on February 22, 1978. Great qualities of head and heart marked the man and the judge. His intellectual brilliance, profound scholarship, the range of his mind and liberal outlook, his judicial vision and craftsmanship, his pronouncements characterized by precision of thought and elegance of expression and above all his genuine humility and friendliness will be long remembered and cherished. Indeed on his elevation to the Supreme Court it was said that he was a judge par excellence; a keen desire to do justice, clarity of thought, lucidity of expression, patient hearing, a very keen sense of humour and unfailing courtesy endeared him to all. He came to the Supreme Court at a critical juncture in the nation’s history as also of that august institution. Golaknath (AIR 1967 SC 1643), Cooper (AIR 1970 SC 564) and Madhavrao Scindia (AIR 1971 SC 530) had, in some sense, pitched the executive and the judiciary against one another and the stage was set for the biggest legal battle- Kesavananda Bharati (AIR 1973 SC 1461). He was the junior most member of the largest bench (13 judges) that heard for the maximum duration that famous case (a little later after he came to the Supreme Court in 1972) and delivered the longest judgment. The Court, as is well known, was evenly divided with Justice Khanna’s opinion tilting the balance, the bottom line being the enunciation of the basic structure doctrine. Chandrachud was with the six minority judges. His judgment in that case is also a masterpiece. “Our Constitution aims at bringing about a synthesis between Fundamental Rights and Directive Principles of State Policy by giving to the former a pride of place and to the latter a place of permanence. Together, not individually, they form the core – the conscience of the Constitution. …. What is fundamental in the governance of the country cannot surely be less significant than what is fundamental in the life of an individual. That one is justiciable and the other not may show the intrinsic difficulties in making the latter enforceable through legal processes but that distinction does not bear on their relative importance.” Very soon thereafter there was the Prime Minister’s election case (AIR 1975 SC 2299) and Chandrachud was again the junior most member of that Bench. That was the first case in which the basic structure doctrine was applied. Chandrachud who was in the minority in Kesavananda very rightly observed: By Art 141 the law declared by the Supreme Court is binding on all Courts….The law declared by the majority 7:6 in the Fundamental Rights case must therefore be accepted by us , dutifully and without reserve, as good law. And he captured its essence in Minerva Mills (AIR 1980 SC 1789) saying: “Amend as you may even the solemn document which the founding fathers committed to your care, for you know best the needs of your generation. But the Constitution is a precious heritage; therefore you cannot destroy its identity.” He was equally at home in all branches of law and rendered about 400 reported judgments in the Supreme Court covering the entire spectrum. To mention just a few of them- T.N.Khosa (AIR 1974 SC 1) is a classic judgment on the niceties of Art 14 and the concept of equality. In Bhuvan Mohan Patnaik (AIR 1974 SC 2092) he held that convicts are not, by mere reason of the conviction, denuded of all the fundamental rights which they otherwise possess. Satya v. Teja Singh (AIR 1975 SC 105) holding that a foreign judgment obtained by fraud is not recognized and enforced in India is considered a landmark in the field of conflict of laws. State of Karnataka v. Union of India (AIR 1978 SC 68) –holding that the Central Government could appoint a commission of enquiry against the Chief Minister and that once it was done, the State Government could not appoint a commission substantially on the same question, also sets out the fine distinction of a suit under Art 131 as contrasted with a regular suit under CPC. Prag Ice (AIR 1978 SC 1296) dwells upon the nuances of price fixation and the limits of judicial review and intervention in that area. Vishnu Agencies (AIR 1978 SC 449) held that even a compulsory statutory sale is a sale and enunciated a progressive construction of an old statute. Minerva Mills (AIR 1980 SC 1789) and Waman Rao (AIR 1981 SC 271) harmonized the fundamental rights and directive principles. “To destroy the guarantees in Part III in order purportedly to achieve the goals of Part IV is plainly to subvert the Constitution by destroying its basic structure.” From being a dissenter in Kesavananda to his judgment in Indira Gandhi deciphering the basic structure and even more his emphatic and ringing elucidation of it in Minerva Mills and Waman Rao (in some ways carrying it further and improving on the Kesavananda majority), it may be said, demonstrates the courage, creativity and honesty of the judge. Gurbaksh Singh (AIR 1980 SC 1632) is considered a locus classicus on anticipatory bail. In Laksmi Charan Sen (AIR 1985 SC 1233) he held that writ court must observe a self imposed limitation and not pass orders which would result in postponing elections which are the very essence of the democratic foundation and functioning of our Constitution. Justice Chandrachud, possibly in response to the creative effusion of Justices Bhagwati and Krishna Iyer, observed in Maneka Gandhi (AIR 1978 SC 597) “Our Constitution too strides in its majesty, but may it be remembered without a due process clause.” We hear this ring even in A.K.Roy (AIR 1982 SC 710). But in Rudal Sah (AIR 1983 SC 1086) which is the first decision of its kind in India, Chandrachud, CJ makes us realize that the Court’s power to enforce fundamental rights is far wider than even under a ‘due process’ regime. It is the first case where compensation for a public tort was awarded in writ jurisdiction. Olga Tellis (AIR 1986 SC 180), the last judgment he delivered on the eve of his retirement is one of the pioneering cases which brought socio-economic rights within the sweep of Part III. Right to livelihood was held to be part of the right to life and this right of pavement dwellers was reconciled with the right to health and safety of the community at large. It is a milestone judgment in recognizing second generation human rights. All this cannot absolve him of the timidity and ignominy in rendering the infamous and untenable ADM Jabalpur judgment (AIR 1976 SC 1207) though he later publicly acknowledged the mistake and sincerely apologized. By a strange quirk of fate, it fell to his son, Justice D. Y. Chandrachud to formally overrule that judgment over four decades later in the Privacy case (2017)10 SCC 1, though Parliament in its constituent capacity had rendered it nugatory by the Constitution 44th Amendment. This does not, however, diminish Chandrachud’s greatness otherwise. One aberration cannot obliterate his very many endearing traits and accomplishments. A judge’s knowledge and scholarship should help initiate and steer a debate and discussion. It was so with Justice Chandrachud. It was both a delight and an education to appear before him. There was no tension in his court. Even the juniors felt at ease. You could always endeavour to put across a point. Light streaming from any source was welcome and encouraged. Those who appeared before him as juniors, some of whom have since retired as Supreme Court judges, testify to this. He was a great common law judge and like his illustrious forebears blazed new trails by nudging the law a little forward. The views and philosophy of a judge, particularly of the Supreme Court, must be reflected in his judgments and so it is in Justice Chandrachud’s. As he observed in the Assembly Dissolution case, the content of justiciabilty varies according to how a judge’s value preferences respond to the multi-dimensional problems of the day; an awareness of history is an integral part of those preferences. It was rightly remarked by Justice Bhagwati though the two of them, it is well known, had their differences: “A commitment to the legality of the laws and the procedural due process is the contribution of the Chandrachud court.” As a law student I interviewed him in November, 1981 when he was Chief Justice. Among quite a few things that we talked, he made a remarkable statement whose import I can understand and appreciate better now: “The awareness that we are the last court gives us sleepless nights.” This highlights the anguish that precedes a decision – the need and desirability to state the law correctly and even more to see that justice is done, of course, within the limits of the law. It is like what Learned Hand said of Cardozo: he had to wrestle with the angel all through the night; and he wrote his opinion with his very blood. The role of the men of law in the common law tradition and in the interpretative process in constitutional adjudication is not anonymous. A study of Justice Chandrachud’s work would show judicial moderation evidenced by a careful and judicious evaluation and balancing of conflicting social and economic interests and the intensity and many sidedness which have marked the making of his judgments. To recall some observations of Prof Julius Stone: He who has sincerely followed the stirrings of his predecessors and understood their questions and their replies within the limits of their situations will not only avoid their pitfalls but also recognize the more readily a problem of justice, and be alerted to the responsibilities of choice which he bears in its solution. Where personal choice cannot be avoided, he can be guided to the best alternatives and further this wider awareness may equip him to preserve a certain diffidence as to the correctness of the choices made so that the judgment stays open for review in future cases as insight and experience grow. This reformulates a superb sense of humility and unrest which has marked the approach to their tasks of the greatest lawyers- that “repose is not the destiny of man,” and that the least they can seek is also the most they can win, “an echo of the infinite, a glimpse of its unfathomable limits, a hint of the universal law.”(Holmes, Path of the Law). It is not given to any generation to complete the task of human improvement and redemption; but no generation is free, either, to desist from them. [Julius Stone, Human Law and Human Justice (1965) 355. Justice Chandrachud was fully aware of and alive to this vital truth. His life and work bear witness to this. He realized the truism that it is in the institutional division of powers and work and accommodation that the nation will progress on constitutional lines. This is critical for preservation of democracy and democratic rights and any disruption of the balance would be self stultifying. Law with Chandrachud as with Holmes was both philosophy and literature. He may be ranked among the master judicial craftsmen in the English speaking world. His opinions are veritable gems- ‘models of clarity, logical structuring, lucidity and elegance.’ His name and fame will endure as a master of judicial prose. To cite just one example: Speaking of democracy, he says in Indira Gandhi, “Forgetting mere words which Tennyson said: ‘Like Nature, half reveal and half conceal the Soul within’, the substance of the matter is the rule of the majority and the manner of ascertaining the will of the majority is through the process of elections.” What Chandrachud, as Government Pleader, said of Chagla’s judgments (on the occasion of Chief Justice Chagla laying down office)-“when you read those judgments you feel you are at a reception to celebrate the wedding of law and literature” applies equally to Justice Chandrachud. As Prof. Upendra Baxi said in a tribute, “In many ways Chief Justice Chandrachud represented the best traditions of the Indian Bar. In this sense he will always be recalled, with high esteem, as a lawyer’s judge. Unfailingly polite, urbane to a fault, widely read, not wearing his learning on the sleeve, insistent on justice according to the law and solicitous of language and diction, Yeshwant Chandrachud cherished the dignity of the discourse as the principal reassurance for doing justice.” He was a Sanskrit scholar and also a connoisseur of Hindustani classical music. He was a voracious reader and a delightful conversationalist. He had versatile hobbies. He was also a great fan of cricket and was known to get cricket scores even in the court room, which sometimes had the effect of cooling down frayed tempers. He mentioned that it was a tradition in the Chandrachud clan that the morning tea was prepared by the head of the family. He did it always even as the Chief Justice of India. The man was as great as the judge. Those who knew him or appeared before him, or interacted with him will always reminisce and treasure his courtliness and grace, his unfeigned modesty and true warmth and amiability. He was kind and considerate to all. While travelling when they halted in the Guest House, he would enquire and was solicitous of the comfort of all including those travelling with him and the local staff. I have myself been the recipient of his affection and goodwill having had the privilege of knowing him since my law college days more than 35 years ago. It is worthy of mention that even as Chief Justice of India, he responded to my letters promptly, even when I was a student and made touching enquiries about my success and welfare. A few months before his demise when I had mentioned that I had not received his reply to one of my letters he was quick to telephone and speak to me. That was his graciousness! Justice Chandrachud passed away on 14 July, 2008, at the ripe age of 88, again on Hari Shayana Ekadashi. His passing removed from our midst a stellar torch bearer of a generation that is sadly and rapidly fading. He has left his distinct mark on life and law. A great and noble person, he was “learned and lovable, the acme of honour and the pink of courtesy.” The esteem for him as an all time great is secure. This was a Man. When comes such another?Views are personal only. Next Storylast_img read more

Police investigating death of college student who collapsed at off-campus party

first_imgEvgen_Prozhyrko/iStock(HILTON HEAD ISLAND, S.C.) — Authorities in South Carolina are trying to determine why a 20-year-old college student collapsed and died at an off-campus party in Hilton Head Island.On Tuesday, Hilton Head Island Fire Rescue released a 911 call connected to the death of Caroline Smith on Friday night. “The original information obtained from the caller was for a fall with injuries, the call was upgraded to a cardiac arrest within a minute and additional units were dispatched to the scene,” fire rescue said Tuesday. In the 911 call, a person says Smith of Atlanta fell and hit her head.“Um. … I need an EMT. I think this (inaudible) is dying,” the caller says. “OK. … Is she awake?” the dispatcher asks. “Um no. She’s not awake. She unconscious,” the caller said. According to the police report, which ABC News obtained Monday, Smith — a sophomore at Furman University and member of Kappa Delta sorority — was with her boyfriend at the time. She told him that she was not feeling well and moments later, she fell to the ground and was unresponsive, the police report states. Her boyfriend then started CPR on her. Smith’s brother, who was also attending the party, told police that she had been drinking but not using drugs. He also said she did not have any known medical issues, according to the police report.When paramedics arrived, Smith was lying on her back outside at the side of a building by an overhead garage door. She was pronounced dead minutes later. Smith was vice president of membership for the Kappa Delta sorority. The university said in a statement to ABC News that students had traveled to Hilton Head Island to attend a fraternity formal that was scheduled for Saturday night. The event was canceled after her death. “Caroline was a history and communication studies major. … The university extends its most heartfelt condolences to Caroline’s family and her friends. I hope all of you will do the same during this time of profound sorrow. Please take a moment to remember the life of Caroline and her time as a member of our community. May you find peace and comfort during this difficult time,” university president Elizabeth Davis said in a statement on the school’s Facebook page Saturday. An autopsy has been performed, according to the coroner, but the cause of death is pending further analysis. Results could take weeks. A memorial was planned for next week, the university said.Copyright © 2019, ABC Radio. All rights reserved.last_img read more

Case roundup

first_imgRelated posts:No related photos. Previous Article Next Article Comments are closed. Case roundupOn 1 Nov 2002 in Personnel Today Our resident experts at Pinsent Curtis Biddle bring you a comprehensiveupdate on all the latest decisions that could affect your organisation, andadvice on what to do about themPinnacle ACI Ltd v Honeyman and Cape Industrial Services Ltd Further confusion on TUPE and when new contractors can refuse to engageexisting staff * * * * Cape lost a maintenance contract to its competitor, Pinnacle. Ittold its nine employees who worked on the contract that they were entitled totransfer to Pinnacle. Pinnacle refused to employ them, disputing that TUPEapplied. The employees sued both Cape and Pinnacle for unfair dismissal andredundancy payments. The EAT held that TUPE applied, even without a transfer ofassets or employees. Key pointsPredicting when TUPE applies to contract changeovers is notoriouslydifficult. Here the tribunal correctly applied the latest test set out by theCourt of Appeal, basing its decision on a consideration of all the facts of thecase. While apparently straightforward, this test does make it difficult toanticipate whether a tribunal would find TUPE applied in a case where neitherassets nor employees transfer. While European case law in this area requires either assets or employees totransfer, domestic law stresses that if neither transfers, the tribunal mustexamine why. This means examining all the facts surrounding the non-transfer ofemployees, not just whether the new contractor’s motive in refusing to take onstaff was to defeat TUPE. It was thought one ‘good’ reason for not taking on the old staff might bethat the new contractor could resource the contract using its existing workers.However, Pinnacle failed in that argument in this case. It had just lost a contractat another site and so had a ready workforce for the contract it won from Cape.But Pinnacle was employing a similar number of staff to Cape and thetribunal considered that had it not lost the other contract, Pinnacle wouldprobably have recruited Cape’s employees. The same service would have beenprovided by the same skilled workforce, which would clearly have been atransfer of an undertaking. The EAT held this was a permissible conclusion. This case indicates thateven the ability to staff the contract with an existing workforce may notprevent TUPE from applying. The difficulty is this approach focuses not just onthe facts in the case but on what the position would have been had differentfacts applied. What you should do – Incoming contractors should assume that TUPE will apply unless there is areally strong argument to the contrary. – Contractors should seek to include TUPE costs when pricing their bid,rather than seek to undercut the incumbent, only to face unfair dismissal andtermination liabilities. – Client organisations should consider obliging new contractors to applyTUPE to avoid disruption to services or an attempt to increase the contractprice if a TUPE dispute arises. – See 26 for more on TUPE. Gate Gourmet v Jangra, EAT The dangers of acting too hastily in ill-health terminations * * * * After an accident at work, the applicant developed a medicalcondition that prevented her carrying out her job working on conveyor belts.She was absent from work and it was not clear when she would be fit to return.An attempt to return to lighter duties was unsuccessful. After 16 monthsabsence, a meeting took place at which a manager decided to dismiss theapplicant with immediate effect as there was no clear prospect of her returningto work. She was encouraged to reapply for work when she was fit. Sheunsuccessfully appealed, by which stage her condition had worsened. However, she succeeded in a complaint of unfair dismissal and disabilitydiscrimination. The tribunal considered the termination meeting had beenconvened too hastily and that the employee should have been warned that themeeting could result in termination. The EAT allowed the employer’s appealpartly on the ground that the tribunal had failed to consider properly the defenceof justification to the disability discrimination complaint. Key pointsThis case usefully illustrates the need to ensure that employees are givenproper warning that their employment is under threat before ill-health reviewmeetings or disciplinary hearings. This will be even more important when thestatutory procedures under the Employment Act come into force next year – afailure to provide this information in writing will make the dismissalautomatically unfair and may result in a 50 per cent increase in compensation. A further feature of the case was that the decision to dismiss was takenwhile the applicant was awaiting test results. The tribunal was very criticalof this on the grounds that it was unreasonable not to have waited the short periodof time for the full medical picture to emerge. For that reason, it consideredthe dismissal not to be justified under the DDA. Although the EAT considered that the tribunal had failed to apply thecorrect test on justification, the case illustrates the risk of jumping thegun, not least because the EAT considered that justification should be judgedat the date of the discriminatory act – facts discovered after terminationcould not be relied on. What you should do – Have written procedures for ill-health terminations. – Train managers to follow the procedures and to be aware of the keypractical pitfalls. – Give proper warning to employees if a review or disciplinary meeting couldlead to their dismissal. – Ensure the full medical picture is available before deciding to dismiss. – Remember the need to consider reasonable adjustments under the DDA. – Managing Incapacity is the theme for next month’s employers’ Law briefing,to be held on 5 December at the British Library in London. See page 16 for moredetails. Cobley v Forward Technology Industries Plc, EAT Automatic dismissal of a director when he was ousted from the board wasfair * * * Cobley was employed by Forward Technology as managing director and wasa member of its board of directors. He led an unsuccessful management buy-outof the company, which was ultimately taken over by another company, Crest. Cobley was voted off the board and at an extraordinary general meeting, aresolution to remove him as a director was carried. His contract provided thatin such circumstances, his employment would terminate automatically. Thetribunal’s rejection of Cobley’s claim of unfair dismissal was upheld by theEAT. Key pointsThe company argued two potentially fair reasons for Cobley’s dismissal. Onewas his conduct in attempting to buy the company at half its market valueduring the MBO and his persistence in pursuing it, which substantiallyincreased the price Crest had to pay. However, the tribunal found that theprimary reason for Cobley’s dismissal was “some other substantialreason” – the acquisition by Crest which resulted in Cobley’s removal asdirector and employee. On appeal, the EAT agreed this was a legitimate reasonfor dismissal. An employed MD must also be a member of the board of directorsand this was reflected in Cobley’s contract. The next issue was whether the company had acted reasonably in dismissingCobley for that reason. Against the background of the takeover battle, to which Cobley had led theopposition, it was inevitable that he would cease to be a director when Cresttook control. The new owners were entitled to replace the board. Cobley was anexperienced businessman and would have been aware that, having lost thetakeover battle, he was at risk of being ousted. What you should do – Remember that in many cases, contractual damages could be much greaterthan the maximum unfair dismissal award. – Ensure that executive directors’ contracts provide for automatictermination if they are removed from the board. – Ensure that board meetings and EGMs held to remove directors are properlyand lawfully constituted otherwise the dismissal may be in breach of contract. – When dealing with senior executive terminations, bear in mind that seniorexecs may be well placed to mitigate any losses through alternative employment.This may provide scope for negotiating a severance package which is lessexpensive than a payment in lieu of notice. Make sure you have your equal opportunities policies in orderUchendu v International MarketingGroup (UK) Inc and Others, EATPutting equal opportunities policies into practice can pay dividends indefending discrimination complaints* * * * * The applicant was employedby a marketing company as a secretary in its hospitality division. This was an‘aggressive’ marketing environment staffed by female employees. The applicant’scomplaint of sex discrimination related to the action of a male employee whojoined the department shortly after her. On a number of occasions, he asked theapplicant whether she would be wearing her “fuck-me boots”, a termcommonly used within the department by the female employees to refer to knee high,black, leather boots with high heels. She did not appear upset or indicate thatthe behaviour was unwanted.When she resigned, she made no complaint of sexual harassment.She then met with a personnel manager, and after complaining about her workloadand other members of the team, she also complained about the male employee’scomments.When asked if she wanted any action to be taken, she gave noresponse. The personnel manager investigated the issue anyway, and when theapplicant brought tribunal proceedings, the company took disciplinaryproceedings against the male employee and gave him a warning for the use ofinappropriate language.The tribunal rejected the sexual harassment complaint. Theapplicant had not suffered any detriment nor had there been any less favourabletreatment. The expression was part of the normal language used in thehospitality division. The applicant had not objected to its use and was foundto be oversensitive compared with other women in the division. Isolatedcomments from a new staff member did not create an intimidating, hostile orhumiliating working environment.The EAT upheld this conclusion, and agreed the company hadtaken all reasonably practicable steps to prevent discrimination.Key pointsThis decision is extremely unusual. The tribunal’s finding that there hadbeen no sexual harassment at all in this case appears to have been reachedlargely because the offending expression was regularly used by other women inthe department. This case does not mean employers should not crack down oninappropriate language. Other cases on sexual harassment indicate precisely theopposite – what is mere ‘banter’ to some may legitimately be consideredobjectionable byothers. Perhaps the absence of any objection by the employeealso influenced this part of the tribunal’s decision.Of wider significance is the finding that the employer couldhave successfully relied on the statutory defence to sex discrimination underSection 41 (3) SDA 1975.This allows employers to escape liability if they can show theyhad taken all reasonably practicable steps to prevent the act ofdiscrimination. This defence is notoriously difficult to substantiate. However,the EAT concluded it was extremely difficult to see what else the employercould have done.The company had a comprehensive equal opportunities policy,copies were provided to new recruits and the policy was reinforced duringinduction training.The tribunal had also taken account of the employer’s responseto the complaint. While only steps taken prior to the act of discrimination canbe relied upon to support the statutory defence, the EAT considered thatsubsequent actions – here the conscientious investigation of the complaint andthe disciplinary action – were relevant to show the equal opportunities policyhad real teeth.What you should do– Ensure you have comprehensive equal opportunities andanti-harassment policies which include clear statements about what behaviour isunacceptable in the workplace and a clear procedure for dealing with complaints.– Communicate the policies to new staff throughtraining/induction programmes.– Provide ‘refresher’ training regularly.– Train managers to recognise cases of harassment and respondappropriately.– Challenge inappropriate or offensive behaviour throughinformal counselling or disciplinary proceedings.last_img read more

Weber State Football Ranked Highly In Preseason Polls

first_imgJune 4, 2019 /Sports News – Local Weber State Football Ranked Highly In Preseason Polls Tags: Adam Rodriguez/Athlon/FCS Hero Sports/Jay Hill/Josh Davis/Rashid Shaheed/San Diego State/Street & Smith/Weber State Football FacebookTwitterLinkedInEmailOGDEN, Utah-As was confirmed Tuesday, Weber State football is ranked in the top 11 in three preseason polls.The Wildcats, winners of consecutive Big Sky Conference championships, are sixth in the Street & Smith preseason poll, ninth in the Athlon poll and 11th in the FCS Hero Sports poll.Weber State has advanced to the FCS quarterfinals in successive seasons and won at least 10 games in back-to-back campaigns for the first time in school history.Head coach Jay Hill has returned to Weber State for his sixth season while standouts are expected to be sophomore tailback Josh Davis, senior defensive end Adam Rodriguez and junior receiver/kick returner Rashid Shaheed.All of these returning starters were All-Americans last season and seven other returners earned All-Big Sky Conference honors.The Wildcats open their season August 31 at San Diego State. Written by Brad Jameslast_img read more

USA: SPAWAR Awards JEM Increment 2 Deal to General Dynamics

first_imgBack to overview,Home naval-today USA: SPAWAR Awards JEM Increment 2 Deal to General Dynamics View post tag: DYNAMICS General Dynamics Information Technology has been awarded the Joint Effects Model (JEM) Increment 2 contract by the Space and Naval Warfare Systems Command (SPAWAR). April 11, 2014 View post tag: SPAWAR View post tag: Increment 2 View post tag: Defence View post tag: News by topic View post tag: Defense View post tag: General View post tag: JEMcenter_img View post tag: deal View post tag: usa JEM is the U.S. Department of Defense’s primary system for modeling the effects of chemical, biological, radiological and nuclear (CBRN) material releases. The cost plus fixed-fee award has a potential value of $23.5 million over five years if all options are exercised.“General Dynamics has a strong foundation of CBRN scientific subject matter experts who understand both the parameters and requirements for successful model development,” said Ed Hudson, vice president and general manager of General Dynamics Information Technology’s Network and Mission Systems sector. Under this contract, General Dynamics will develop software that will serve as the foundation for the JEM Increment 2 System as well as the software architecture for the JEM science and technology (S&T) prototype. The JEM S&T prototype provides rapid CBRN defense planning capabilities to remotely deployed warfighters through easy-to-use web application interfaces. The company will also provide program and systems engineering management support and will serve as the integrator of JEM Increment 2 software. Work will be performed in Middletown, R.I.; Buffalo, N.Y.; and San Diego.[mappress]Press Release, April 11, 2014; Image: Wikimedia Equipment & technology View post tag: Navy USA: SPAWAR Awards JEM Increment 2 Deal to General Dynamics View post tag: Naval View post tag: awards Share this articlelast_img read more

Raytheon Missile Systems Awarded SM-6 Deal

first_img Share this article Authorities View post tag: americas View post tag: Naval Raytheon Missile Systems Awarded SM-6 Deal This contract modification will incorporate requirements for lifetime buys of SM-6 obsolete components and will mitigate the risk of redesign efforts.Work will be performed in Malaga, Spain (67 percent); Melville, New York (19 percent); Camden, Arkansas (5 percent); Dallas, Texas (4 percent); Sandy Hook, Connecticut (2 percent); Los Alamitos, California (2 percent); Wilmington, Massachusetts (less than 1 percent); Austin, Texas (less than 1 percent); and is expected to be completed by December 2014.Fiscal 2012, 2013 and 2014 weapons procurement (Navy) funding in the amount of $7,467,820 will be obligated at the time of award.Contract funds in the amount of $5,992,165 will expire at the end of the current fiscal year.The Naval Sea Systems Command, Washington Navy Yard, Washington, District of Columbia, is the contracting activity.[mappress]Press Release, August 04, 2014; Image: Raytheon View post tag: SM-6 View post tag: News by topic Raytheon Missile Systems, Tucson, Arizona, is being awarded a $7,4 million modification to a previously awarded contract for Standard Missile-6 lifetime buy of obsolete material components. View post tag: deal View post tag: Awarded View post tag: Navy View post tag: Raytheon Missile Systems August 4, 2014 Back to overview,Home naval-today Raytheon Missile Systems Awarded SM-6 Deal last_img read more

IN DOING NOTHING, SOMETIMES, YOU DO EVERYTHING

first_imgby John L. MicekSOMEWHERE ALONG LONG ISLAND SOUND – From my beach chair, there’s a strong wind blowing in from across the water, rippling the pages of my book, as moisture slowly condenses on the beer bottle at my side.Squinting against a strong afternoon sun, I find the kids in the middle distance, water up to their waists, as many as there were the last time I looked up to check.My cousin, Brian, taps me on the shoulder, and asks me if I want another beer. The answer is never anything but yes. And, seated in a circle with my cousins, we laugh, catch up, and just get a little goofy.And all is pretty much right with the world.This four-day weekend in July is an annual tag-up with my roots. I would not trade it for anything.When I pile my bags and the chairs and the towels and the food and drinks and presents in my trunk early on Friday morning, and point my car north for the five-hour drive home, what I’m bringing with me isn’t nearly as important as what I’m leaving behind.For four days, I turn off the news, turn up the music. And the world exists no further than the distance between my chair and the water’s edge.For a blissful 96 hours, the rhythms of my days are guided by little more than Spotify playlists; finding the best running routes through town; a trip every morning to the coffee shop; and, of course, procuring prosecco and orange juice for the mimosas on Sunday morning.There’s subs and tables sagging with trays of baked ziti and eggplant rollatini and a pasta and pesto salad.The coolers are full. There’s burgers and dogs and hot sausage on the grill. And there’s conversation. And old jokes.And laughter – so much laughter.I wasn’t always this good at doing nothing.For a long time, I thought that if I wasn’t being productive in some way, either by puttering around the house or the yard; by actually doing my job, or engaging in some other planet-improving activity, I was shirking my responsibilities as a human.It took getting older – and loss – to understand how wrong I was.My family have been coming to this Connecticut shore town for four generations. I grew up in a little town in the Litchfield County foothills about an hour north. The week at the shore was a rite of summer.My earliest memories go back to the early 1970s: endless days, sticky nights, box fans blowing in the windows. Bathing suits hanging in the outdoor shower, and an FM radio on the sand blasting AOR rock. Somehow it was always Warren Zevon’s “Werewolves of London.”Viewed through the prism of 40 years – my God, has it been that long – what sticks with me most now is the way life cycles on you without your even noticing it.In those days, our grandparents kept counsel in the cottage.On cold days, they whipped up monster pots of pasta fagioli (and if you pronounced it anything other than “pasta fazool,” Heaven help you. These were proud southern Italians, after all.).On hot days, there was bluefish and crab and lobster. My one adventure on a lobster boat, watching as the traps were hauled up from the steel gray water, is as vivid now as it was then.Our parents were on beach chairs in the sand, while my sister and I, and our younger cousins, splashed in the shallows, or crawled on the rocks, smashing open mussels and tying them to string, so we could lure crabs out of the pools between them.Our older cousins, a gap of as many five or 10 years between us – were off doing whatever it was teenagers in the 1970s and 1980s did. We weren’t let in on it.Every once in a while, our parents would look up from their magazines or their conversations or their drinks to make sure we hadn’t drowned ourselves. Or get stung by a jellyfish – because someone, it seems, always managed to get stung.Our grandparents’ generation has passed on now. And our children hear about them, sturdy Italians who came over in 1929, only through collected legend, and yellowing photographs on our family cottage’s walls.Now, our parents are the grandparents in the house, muttering wisdom to themselves. And some of that generation has passed on, too.So my cousins and I are the parents on the beach. And our kids, and their younger cousins, are running off to the water or to the Italian ice truck that pulls up like clockwork every afternoon around 4 p.m.The jellyfish, I’d add, are nowhere to be found. I’m not sure how I feel about that.Life circles. The sun still shines. The music still blares. And I laugh at that younger me who once would have bristled at this delightful idleness.In doing nothing, sometimes you do everything.FacebookTwitterCopy LinkEmailSharelast_img read more

Expert restores statue of Jesus

first_imgA pedestal reading “Venite ad me omnes,” Latin for “Come to me everyone,” still stands on God Quad, but the invitation currently lacks a speaker. The pedestal normally supports the Sacred Heart of Jesus statue, which has stood there since 1893, according to the Notre Dame archives, but this image of Jesus was removed in late November for restoration. Charles Loving, director and curator of the George Rickey Sculpture Archive at the Snite Museum of Art, said he put the University in touch with Thomas Podnar, a sculpture conservator from the McKay Lodge Conservation Laboratory in Oberlin, Ohio. Podnar is to restore the Sacred Heart of Jesus and three other campus statues: Notre Dame (Our Mother) at the north end of Notre Dame Avenue, Father Sorin on God Quad and Thomas Dooley near the Grotto. Loving said the University reached out to the outside conservator because he will be better equipped to meet their restoration goals. “If we had done nothing, it would have just rusted out and collapsed, so [the number] one [goal of the restoration is] to ensure its long-term preservation,” Loving said. “[The number] two [goal is] to make it look like what it looked like initially.” Loving said Podnar restored the other three campus images without removing them, but the Sacred Heart of Jesus Statue had to be transported to Ohio for proper refurbishing because it had suffered extensive damage from “weather and age.” “There’s probably some atmospheric fall of pollutants from places like Gary, Ind., and East Chicago, but primarily just weather,” Loving said. “Like an old car, eventually the paint will wear off. Many of the sculptures are not painted metal. Many are cast bronze, but that particular one is cast iron.”  Because the Sacred Heart of Jesus Statue is painted, most of the restoration entails stripping paint from the statue, repairing cracks in it and repainting it, Loving said. “The paint is coming off and in places it’s cracking, so it was removed,” he said. “They’ll chemically take off the paint. They’ll repair the cracks by welding them and somehow finishing them so the welds don’t show, and then they’ll repaint it.” Loving said Podnar will attempt to recreate the original paint color of the statue, which will look quite different from the weathered version the campus is accustomed to seeing when the statue returns next February. “It might be a little shocking to some people, but in the long term it’ll be good for it to have been preserved so it’s there for future generations,” he said. “It’s something that any sculpture requires over time. It doesn’t suggest any deficiency in the way it was manufactured or the way it’s been taken care of. It’s just part of the process.” Even though restoration is an important part of maintaining outdoor statues, Loving said the University does not have its statues restored very often. He said he believes this is the first time since 1893 the statue has been repaired.  Within the past five years, members of the Notre Dame Alumni Club of Gettysburg noticed damage on the statue of Fr. William Corby outside Corby Hall, a copy of which also stands in Gettysburg, and raised funds to restore it, Loving said. “It’s kind of nice when people who are alums or friends of Notre Dame recognize the need and come up with the money,” he said. “As far as I know there’s no existing budget line to take care of these statues.” Contact Tori Roeck at [email protected]last_img read more

Rabbit Control

first_imgWhile rabbits may seem cute and fuzzy, the common rabbit or eastern cottontail can do considerable damage to flowers, vegetables, trees and shrubs any time of the year in places ranging from suburban yards to rural fields and tree plantations. Controlling rabbits is often necessary to reduce damage, but complete extermination is not necessary, desirable or even possible. No toxicants or fumigants are registered for use against rabbits. There are, however, chemical repellents available at local garden centers that may discourage rabbit browsing. Repellents should be applied before rabbit-inflicted damage occurs and after a rain, heavy dew or the occurrence of new plant growth. If rabbits have already started feeding, their attraction to what they have been eating will most likely overcome their fear of the repellent.Habitat modification and exclusion techniques provide long-term, non-lethal control. Remove dense, heavy vegetative cover, brush piles, weed patches and stone piles in or adjacent to the landscape. Fencing made from chicken wire, with less than 1-inch mesh, can be placed around herbaceous plants. The fence must be at least 2-feet high and the bottom must be buried at least 3-inches deep. Quarter-inch wire hardware cloth made into 18- to 24-inch cylinders and buried at least 3 inches will protect trunks of young orchard trees or woody landscape plants.In the winter months, live animal traps can be baited with corncobs, oats, dried apples or rabbit droppings. Traps can be bought at garden centers, hardware stores or from gardening catalogs. Place the traps where rabbits have been feeding or resting and close to suitable cover. If the trap fails to catch any rabbits within a week, move the trap to a different location. For more information about managing wildlife in the garden, search for wildlife on extension.uga.edu/publications.last_img read more