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New African Properties Limited (NAP.bw) HY2015 Interim Report

first_imgNew African Properties Limited (NAP.bw) listed on the Botswana Stock Exchange under the Property sector has released it’s 2015 interim results for the half year.For more information about New African Properties Limited (NAP.bw) reports, abridged reports, interim earnings results and earnings presentations, visit the New African Properties Limited (NAP.bw) company page on AfricanFinancials.Document: New African Properties Limited (NAP.bw)  2015 interim results for the half year.Company ProfileNew African Properties Limited, listed on the Botswana Stock Exchange is a public variable rate loan stock company which offers investors the opportunity to share in a diversified portfolio of 64 well-established and well-positioned properties made up of a mix of retail, commercial and industrial properties with quality tenants. Its primary focus is the retail property sector. NAP aims to provide positive returns to investors by investing in appropriate retail properties; maintaining a profile of strong, quality tenants; maximising contractual rentals and minimising rental arrears, bad debts and vacancies; and optimising expenditure using a sound governance framework and skilled service providers. New African Properties Limited is a subsidiary of Cash Bazaar Holdings (Proprietary) Limited.last_img read more


John Smit picks his top five hookers

first_imgSpringbok World Cup winner John Smit takes time out to name the five toughest opponents he ever faced on the field TAGS: Highlight John Smit played in three World Cups, winning 111 caps for South Africa and lifting the 2007 trophy after defeating England in the final in Paris. After two years in the UK with Saracens, he returned to South Africa where he is currently CEO of the Sharks. Here he talks about the five toughest hookers he ever played with or against in a distinguished careerKeven Mealamu, New Zealand (126 caps)“The toughest bastard out there has to be Keven Mealamu. The harder you went at him, the harder he came back at you. He was totally fearless. You almost had to guage how you played against him. There was nothing you could do that would make him go away. He was nuggety and just kept on going. He would run through walls for the All Blacks and what’s more amazing is he’s my age (36) and he’s still going, now into this fourth World Cup. I have an incredible amount of respect for Kev. A phenomenal player.”Tough nut: Keven Mealamu wasn’t the biggest but he was the hardest Smit opponentKeith Wood, Ireland (63 caps, incl 5 for Lions)“When I was just starting out at hooker, I played against Keith (Wood) in Dublin. Let’s just say he gave me a good schooling. He pulled out every trick in the book to show the youngster who was boss. I took on board everything I was on the end of and put it into my armoury. Woody was a phenomenal player. He was a strong leader and a superb thrower of the ball – I think there was a time when he didn’t missed a lineout in two years. When he’d peel around from the lineout and come at you, you certainly knew about it. He was fiery to play against but a player you’d love to have on your side and a good bloke off the field.”Inspirational: An experienced Keith Wood gave Smit a schooling in the front rowSteve Thompson, England (76 caps, inc 3 for Lions)“I had quite a few tussles with Steve Thompson. He was in a similar physical mould to me, over 120kgs and we had some fantastic clashes up front. He played in a time where South Africa didn’t have much luck against England and I normally ended up on the losing side against him. The England pack back then were an abrasive bunch which I quite liked. The Springboks learnt a lot of lessons from them. As well as the set-piece, he was a decent hooker in the loose and liked to carry the ball. Like many great hookers, he played like an auxiliary flanker.” LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALScenter_img Mobile: Steve Thompson was part of an abrasive England pack that taugh Smit lessonsBismarck du Plessis, South Africa (73 caps)“I played with Bismarck for two years around 2009 and 2010. His workrate, tenacity and physical edge is incredible. He was playing so well, I was moved to tighthead just to accommodate him. I remember playing with him in Hamilton against the All Blacks and I’ve never seen anyone work as hard or exert such a physical influence in 80 minutes. We’ve all seen what he can do. He’s like a loose forward; he steals ball, throws and scrummages unbelievably well. Of course there was rivalry between us, but he was also respectful. I’d like to say I took him under my wing and taught him everything I knew. There’s a big part of me that is proud of how he plays. I saw him only recently. We have a great relationship.”Unit: Bismarck du Plessis has an all-round game at No 2 in Smit’s eyesChris Roussow, South Africa (9 caps)“Chris was the Springboks hooker in our World Cup win in 1995, so I respected him from the off. I started out as tighthead prop and was just a youngster. At the time I didn’t know I was learning, but Chris would spend time with me and look out for me so I could survive. He used all the little tricks only front rows would know – believe me, I could spend hours telling you! I picked these things up and passed them down to help tightheads I played with. He was a lovely bloke.”Rugby Legends: John Smit (far left) in London and ready for the World CupJohn Smit will feature on the Heineken Rugby Studio during RWC 2015. Get closer to the action @heineken, #ItsYourCall. For more info visit heineken.com/rugby. Magic moment: Springbok captain John Smit lifted the World Cup in 2007 last_img read more


Sag Harbor House / Jendretzki

first_imgArchitects: Jendretzki Year Completion year of this architecture project “COPY” United States Save this picture!Courtesy of JENDRETZKI+ 13 Share CopyHouses•Sag Harbor, United States Sag Harbor House / JendretzkiSave this projectSaveSag Harbor House / Jendretzki Text description provided by the architects. Set on an area called “Mount Misery” because it is close to a street named Misery Lane, this house is now setting the wave of renovations to imitate it, as lawyers are trying to change the street name, which if done, will double the property valuations overnight. This existing house was re-designed to connect the exterior with the interior spaces. The gardens and forested exterior areas are the appeal of the context which were activated by opening up sidewalls, creating porches, connecting them with decks, terraces and stairs, and bringing as much light as possible into the house, and by doing so, bringing in also the green views. Save this picture!Courtesy of JENDRETZKIThe exterior decks and stairs also blend the different elevations of the exterior grade in a way that enhances the flow rather than obstruct it. Although not LEED certified the house was equipped with green ideas in mind such as solar paneling on the roofs, rain water collection for grey waters, environmentally sound materials such as cork and recycled wood-acrylic composites, and energy efficient appliances, and HVAC systems. All exterior wood work such as decks, pergolas and stairs was fabricated with reclaimed-recycled woods. Save this picture!Courtesy of JENDRETZKIInteriors are a designed to provide a calm, peaceful, and natural environment. This contemporary approach for an otherwise uneventful house has allowed the house to become vibrant, current, and for all for a very limited budget. Every material used is in the low end of the price range, but with intelligent choices and combinations they appear to be more than the addition of its parts.Save this picture!Courtesy of JENDRETZKIProject gallerySee allShow lessHometta: A Home Plan CompanyArticlesParasite Prefab / Lara Calder ArchitectsArticles Share CopyAbout this officeJendretzkiOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesWoodSag HarborHousesUnited StatesPublished on September 23, 2009Cite: “Sag Harbor House / Jendretzki” 23 Sep 2009. ArchDaily. Accessed 12 Jun 2021. ISSN 0719-8884Read commentsBrowse the CatalogPanels / Prefabricated AssembliesTechnowoodSiding Façade SystemWindowsMitrexSolar WindowMetal PanelsAurubisCopper Surface: Nordic DécorDining tablesB&B ItaliaDining Table – BullSkylightsVELUX CommercialModular Skylights – Atrium Longlight / RidgelightLouvers / ShuttersBruagShading Screens – Perforated Facade PanelsConcreteKrytonSmart ConcreteCompositesPure + FreeFormTechnical Guide – Creating a Seamless Interior and Exterior Material TransitionEnclosures / Double Skin FacadesFranken-SchotterFacade System –  LINEAWindowsRabel Aluminium SystemsMinimal Casement Windows – Rabel 8400 Slim Super Thermal PlusDoorsGorter HatchesFloor Door – Fire RatedWire MeshCarl Stahl DecorCableGreen Wall System – FAÇADESCAPE™More products »Read commentsSave世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Houses 2009 ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/35625/sag-harbor-house-jendretzki Clipboard Year:  Projects Sag Harbor House / Jendretzki “COPY” ArchDaily ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/35625/sag-harbor-house-jendretzki Clipboardlast_img read more


Fundraising: The Good, The Bad, and The Ugly (and how to tell the difference)

first_img• 34 instructional worksheets• 30 pages to help you develop the perfect special event• A complete set of fundraising policies and procedures• Sample fundraising consultant contract AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Fundraising: The Good, The Bad, and The Ugly (and how to tell the difference) About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. [amzn_product_post]A nuts-and-bolts explanation of how to successfully raise money. Every aspect of fundraising is discussed in a step-by-step process that will encourage your volunteers and staff to get involved to help raise money that will perpetuate the good work of the organization. This national award-winning book features: • 200 pages of valuable and practical information about raising money• 20 informative chapters Advertisement  12 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 7 April 2013 | Newslast_img read more


PCC Restructures Women’s Basketball Program After Conference Charges Recruiting Violations

first_img Your email address will not be published. Required fields are marked * Community News 3 recommended0 commentsShareShareTweetSharePin it Top of the News Business News Pasadena City College (PCC) Assistant Superintendent/Senior Vice-President of Academic and Student Affairs, Dr. Robert H. Bell, announced that the decision has been made to make changes to the coaching structure for the women’s basketball program for the 2015-2016 academic year.A head coach will be named in the near future to serve for the 2015-2016 academic year in place of Coach Joe Peron while the College evaluates its current coaching structure.Dr. Bell said that in or about February 2015, the College was made aware of possible violations of the South Coast Conference’s recruiting bylaws.Upon review and determination that at least one violation occurred, in May 2015, the Conference called upon the College to examine its coaching structure and to take affirmative steps to ensure strict compliance with Conference bylaws. In response, the College has determined to evaluate the women’s basketball coaching structure while under different leadership, to ensure that PCC students continue to reap the rewards and benefits of participating in organized team sports at the collegiate level. Dr. Bell explained, “PCC must not risk Conference sanctions for violation of Conference bylaws. That would penalize student athletes in the women’s basketball program, and potentially conference competition in all of the intercollegiate sports at the college. This would be heartbreaking and unfair to our students for whom athletic competition is an important part of their collegiate experience.”Dr. Bell added, “This is the basis for the decision to reconsider the coaching structure for the women’s basketball team. The decision was not disciplinary nor punitive, and during the coming year, Professor Peron will continue as a vital and important member of the faculty within our Kinesiology program.” Sports PCC Restructures Women’s Basketball Program After Conference Charges Recruiting Violations From STAFF REPORTS Published on Thursday, June 4, 2015 | 8:27 pm Subscribe Name (required)  Mail (required) (not be published)  Website  Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDScenter_img Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Herbeauty7 Most Startling Movie Moments We Didn’t Realize Were InsensitiveHerbeautyHerbeautyHerbeautyAmazing Sparks Of On-Screen Chemistry From The 90-sHerbeautyHerbeautyHerbeauty8 Celebrities Who’ve Lost Their FandomsHerbeautyHerbeautyHerbeautyStop Eating Read Meat (Before It’s Too Late)HerbeautyHerbeautyHerbeauty5 Things To Avoid If You Want To Have Whiter TeethHerbeautyHerbeautyHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeauty First Heatwave Expected Next Week Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy More Cool Stuff Make a comment faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyCitizen Service CenterPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Community Newslast_img read more


Big Apple Tackling Property Tax Problems

first_img Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago About Author: Seth Welborn Tagged with: Rental Tax  Print This Post The Best Markets For Residential Property Investors 2 days ago March 12, 2020 1,005 Views Share Save Home / Daily Dose / Big Apple Tackling Property Tax Problems Data Provider Black Knight to Acquire Top of Mind 2 days ago Related Articles Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago New York City is making some changes to its property tax codes, but some groups note that the changes benefit homeowners only, leaving renters behind. According to Commercial Observer, while many homeowners will be thrilled to get lower tax bills, real estate groups, the NAACP and several other activist and good-government groups feel that the proposals don’t address the biggest problems in the city’s tax system.While the original rules seperated rules for condomimiums compared to single-family homes, Mayor Bill de Blasio’s tax commission has recommended axing these rules, moving condos and co-ops into the same class as one- to three-family homes, and assessing all of these properties at fair market value. Meanwhile, renters multifamily rental buildings are taxed at higher rates than homes, co-ops and condos.In 2019, NYC partnered with organizations like the Center for NYC Neighborhoods to help homeowners who have fallen behind on their mortgage payments to find funds and help prevent the creation of more zombie homes.“We send people out to survey homes to try to document where are zombie homes in New York City and what’s the extent of the challenge,” Bozorg told Fox News.New York neighborhoods such as Central Brooklyn, Southeast Queens, northern Staten Island, and parts of the Bronx, particularly, have a higher number of distressed and abandoned properties compared to the rest of the city, according to HPD data.According to a report by Curbed, the city saw around 18,000 foreclosure filings in 2007, when the foreclosure crisis first hit New York. Today, there are at least 2,000 abandoned and deteriorated homes many of which are in the process of foreclosure.center_img Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Seth Welborn is a Reporter for DS News and MReport. A graduate of Harding University, he has covered numerous topics across the real estate and default servicing industries. Additionally, he has written B2B marketing copy for Dallas-based companies such as AT&T. An East Texas Native, he also works part-time as a photographer. Data Provider Black Knight to Acquire Top of Mind 2 days ago Previous: USFN Cancels Industry Events Next: Don’t Put CECL on the Back Burner Rental Tax 2020-03-12 Seth Welborn Big Apple Tackling Property Tax Problems Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Investment, News Servicers Navigate the Post-Pandemic World 2 days ago Subscribelast_img read more


‘Letterkenny Town Festival’ could happen in 2011

first_img Man arrested on suspicion of drugs and criminal property offences in Derry ‘Letterkenny Town Festival’ could happen in 2011 By News Highland – April 29, 2010 Pinterest The possibility of a ‘Letterkenny Town Festival’ was discussed at a public meeting in The Ramada Hotel last night.A group called “Revive the Letterkenny Town Festival” has been active on Facebook in recent weeks, with over 1,300 members.Letterkenny Chamber CEO says it’s time to bring the plans to the festival to the next stage.And she says she’d hope the festival could take place in 2011.[podcast]http://www.highlandradio.com/wp-content/uploads/2010/04/toni1pm.mp3[/podcast] Google+ Facebook WhatsApp Google+ Twitter Main Evening News, Sport and Obituaries Tuesday May 25th RELATED ARTICLESMORE FROM AUTHORcenter_img Further drop in people receiving PUP in Donegal 365 additional cases of Covid-19 in Republic Previous articleDallat resigns from Coleraine Borough CouncilNext articleDonegal Garda launch Bank Holiday weekend road safety campaign News Highland Gardai continue to investigate Kilmacrennan fire News Facebook WhatsApp Twitter Pinterest 75 positive cases of Covid confirmed in North last_img read more


Gardai warn of icy conditions as lorry goes off road in Ballybofey

first_img WhatsApp Gardai warn of icy conditions as lorry goes off road in Ballybofey Nine til Noon Show – Listen back to Monday’s Programme Previous articleBrendan Devenny backs Declan Bonner and Donegal GAANext articleInvestigations continuing after fire at house in Ballybofey News Highland By News Highland – January 10, 2020 Facebook Google+ Arranmore progress and potential flagged as population grows DL Debate – 24/05/21 Loganair’s new Derry – Liverpool air service takes off from CODA Twitter News, Sport and Obituaries on Monday May 24th center_img Facebook WhatsApp Google+ RELATED ARTICLESMORE FROM AUTHOR Gardai in Donegal are warning motorists to be aware of possible icy patches on the roads this morning.A lorry has gone off the road at the Knock Crossroads in Ballybofey.Drives are urged to drive with caution. Pinterest Twitter Homepage BannerNews Pinterest Important message for people attending LUH’s INR clinic last_img read more


EAT refuses to interfere with tribunals injury award

first_imgRelated posts:No related photos. EAT refuses to interfere with tribunals injury awardOn 1 Feb 2002 in Personnel Today Previous Article Next Article A £10,000 award for sexual harassment has been upheld on appeal even thoughthe appeals tribunal described the level of compensation as ‘generous’£10,000 award for injury to feelings not excessive Bennett t/a Foxbar Hotel v Reid IDS Brief 699, EAT Ms Reid brought a successful claim for sex discrimination after experiencing12 months of sexual harassment which culminated in her dismissal. The tribunalawarded her £10,000 for injury to feelings after finding the treatment shesuffered was distasteful and unpleasant, especially as Mr Bennett had attemptedto take advantage of his economic power over Reid. The tribunal was satisfiedthat Reid was seriously distressed, angered and hurt by Bennett’s conduct, thather distress and misery lasted for a long period and intensified after herdismissal. On appeal, Bennett argued that the award was punitive and grosslydisproportionate taking into account the evidence given by Reid. Moreover, theaward was excessive when compared to a personal injury award for a comparablepsychiatric injury. Although the EAT was of the view the award of £10,000 was”generous”, it considered the nature of the conduct proved againstBennett and its effect on Reid and held the award was not out of proportion towhat might reasonably have been awarded. The appeal was dismissed. Key points – The latest available figure for the average injury to feelings awards insexual harassment cases is £6,423. – Tribunals award sums for injury to feelings on a subjective basis.However, in the case of ICTS (UK) Ltd v Tchoula [2000] IRLR 643, the EATestablished that there are two categories of possible awards, a higher and alower one depending on whether there was a persistent and sustained campaign ofdiscrimination. In that case the tribunal reduced the injury to feelings awardfrom £22,000 to £7,500 on the grounds the initial award was excessive. – The appeal courts will only interfere with the tribunal’s award if itfinds the lower court has erred in principle or reached a figure “totallydisproportionate” to what it believes the appropriate level would be. – Employers should take complaints of harassment seriously and deal withthem as soon as possible to avoid the likelihood of a higher injury to feelingssum being awarded against them. Confidential references to be disclosed University of Glasgow v Jindal Digest No 49, autumn 2001, EAT, EOR Jindal failed to obtain the position of chairman at the university becauseof adverse references provided in confidence by third parties. Jindal claimedrace discrimination, and successfully sought disclosure of the references. Thetribunal held that as the references included details of the circumstances uponwhich the university had reached its decision, fairness dictated that Jindalshould have sight of them and be aware of who wrote them. The universityunsuccessfully appealed to the EAT. While the disclosure of confidentialinformation, particularly in relation to third-party references, is highlysensitive, the EAT ruled the tribunal had applied the correct test inconsidering both the relevance of the documents and the necessity of disclosurein order to deal fairly with the proceedings. Other than removing the names itwas not possible to make the documents anonymous and, in any event, the EATheld Jindal should know not only who the authors were but also theirprofessional and racial background. Key points – The subject’s right to know the content of a reference is a grey area.Section 7 of the Data Protection Act 1998 prohibits access to a confidentialreference which has been given by an employer for the purposes of education,training or employment. – Case law and the Human Rights Act (which enshrines the right to a fairhearing) suggests that individuals may have a right to know if a reference isderogatory. Where respondents rely on particular documents to arrive at aparticular decision, it will sometimes be necessary for a full and fair hearingthat the applicant should know not only the content of references but who wrotethem. – HR should encourage managers to think about the possible effect of suchdocuments before writing them and ensure they would withstand scrutiny in atribunal. – For further advice in relation to references, turn to our policy clinic onpage 21. Reasonableness of dismissal Meakin v Liverpool CC Leisure Services Directorate Unreported, September 2001, EAT Meakin was a caretaker with 28 years’ service. On 15 July 1998 a fight tookplace at the council’s premises between Meakin and Forde. Following aninvestigation, both employees were dismissed. Meakin’s internal appeal failed.Meakin’s unfair dismissal claim failed. He argued that dismissal was too severeas no mitigating factors had been considered, namely his length of service,clean record, the employer’s rejection of Forde’s racist behaviour towardsMeakin, unwarranted suggestions made by Forde about Meakin’s sister and thatduring the fight, Forde had had his hands around Meakin’s neck. Meakin’s appeal to the EAT also failed. Both the council and tribunal hadconsidered all points of mitigation that could have been made on behalf ofMeakin. Even if there were differences between Meakin and Forde such as lengthof service, Meakin’s misconduct could still merit dismissal. If this was thecase, even taking into account long service and past good conduct, the factthat the other employee involved had a less good record was irrelevant. Key points – The test for the reasonableness of a dismissal is that outlined in BritishHome Stores Ltd v Burchell [1978] IRLR 379: (1) Did the employer believemisconduct had occurred? (2) Was that a reasonable belief in the light of whatit knew at the time? (3) Was it a belief based on reasonable investigation? (4)Was it reasonable to dismiss having regard to the gravity of that misconduct? – The tribunal must not decide the matter on what it would have done in theemployer’s position, as long as the dismissal is within the range of reasonableresponses available. – In dismissal cases involving more than one employee, the position of eachshould, in principle, be considered separately. But just because one has moremitigating factors than another does not mean dismissal is unreasonable forboth. Dismissal for asserting statutory right automatically unfair Silva & anr v Albion Hotel (Freshwater) Unreported, November 2001, EAT Silva was contractually entitled to a bonus and when this was not paid hecomplained to Albion. In March 1999, he was dismissed for poor management andreceived no bonus. As Silva did not have one year’s service, he could not claim unfairdismissal. Instead, he claimed his dismissal was automatically unfair becausethe principal reason for it was his allegation that Albion had infringed astatutory right, namely his right not to suffer unlawful deductions from”wages”, which included non-payment of the bonus. This claim was notsubject to a qualifying period and provided Silva acted in good faith whenmaking it (which was a question of fact) it was immaterial whether Silvaactually had that statutory right or indeed whether Albion had breached it. Thetribunal held Silva had brought the claim in good faith and he was entitled tothe bonus. His dismissal was automatically unfair. The EAT upheld this part ofthe tribunal decision. Key points – Section 104 of the Employment Rights Act treats a dismissal asautomatically unfair if the principle reason for the dismissal is that theemployee alleged that the employer had infringed a relevant statutory right,such as unlawfully deducting wages. There is no qualifying period for bringinga claim. – Employees making allegations of infringements do not have to spell outprecisely the section of the Act that has been infringed but must make itreasonably clear to the employer what right they believe has been infringed. – Even if the employer is certain no statutory right has been infringed, itshould still think carefully before dismissing – as long as the tribunal findsthe employee made the allegation in good faith, it can still rule the dismissalautomatically unfair. Incorporation of collective agreement terms Radford v LTI Limited IDS Brief 698, EAT LTI recognised three trade unions. The most recent collective agreementstated that it would remain in force until 31 July 1998. In October 1998 LTI informed the workforce of impending redundancies. Theunions said the redundancy procedure described in the collective agreementshould be applied, but LTI’s position was that the agreement had expired and analternative selection procedure was used. Radford’s score placed him in theredundancy pool, and he was dismissed. He successfully claimed unfair dismissal.Although the collective agreement was not incorporated into Radford’scontract, because it was not of day-to-day significance to the relationshipbetween him and LTI, the consultation and selection criteria used had beeninadequate. Both parties appealed to the EAT, which confirmed that the tribunalhad been entitled to find the selection procedures in the collective agreementwere not incorporated because they were not of day-to-day significance. The tribunal found Radford had not been adequately consulted on anindividual basis. However, the tribunal had erred in not asking whether theconsultation was so inadequate as to render the dismissal unfair. Likewise, inrelation to the selection criteria, the tribunal had erred in substituting itsown decision instead of considering what a reasonable employer would have done.Accordingly, Radford’s dismissal was found to be fair. Key points – Redundancy selection procedures laid out in collective agreements areunlikely to be incorporated into the employment contract unless there isexpress provision, because they do not have day-to-day significance in theemployment relationship. – A tribunal may decide some aspects of an agreement are part of thecontract and others not. Provisions for enhanced payments over and aboveredundancy pay, for instance, might well be incorporated. – Where no consultation about redundancy has taken place with either thetrade union or employee the dismissal will normally be unfair unless thetribunal finds a reasonable employer would have concluded consultation wouldhave been utterly futile. – Collective consultation over selection criteria does not release theemployer from its obligation to consult individually with selected employees. – Whether consultation in any particular case was so inadequate as to renderthe dismissal unfair is a question of fact and degree for the tribunal. Disability discrimination – who’s the correct comparator? Cosgrove v Caesar & Howie IDS Brief 698, EAT Cosgrove was employed as a secretary. She became depressed and, after beingabsent for 12 months, was dismissed. Cosgrove presented claims for unfairdismissal and disability discrimination. The tribunal found no evidence that Cosgrove had been treated anydifferently from the way her employer would have treated anyone else who hadbeen absent for a year. It also noted that neither Cosgrove nor her doctorcould suggest any reasonable changes to her work arrangements. Thediscrimination claim was dismissed. Cosgrove appealed. The EAT decided thetribunal’s approach was incorrect. The EAT found the material reason forCosgrove’s dismissal was her absence and uncertainty as to whether she wouldreturn. It then asked whether the reason for her dismissal related todisability and found that it did. Lastly, the EAT asked if the employer wouldhave dismissed another employee to whom the material reason did not apply. Itsaid the proper comparison was with an employee who had not been absent anddecided there would not have been a reason to dismiss such a person unlessother potentially fair grounds for dismissal existed. Cosgrove had been treatedless favourably than someone to whom the material reason did not apply. The EAT then looked at whether the apparent discrimination was justified andsaid that it cannot be justified where the employer has made no considerationof reasonable adjustments. Cosgrove’s employer had not believed she wasdisabled so had not considered adjustments such as shorter working hours or amove to another office. The EAT found there was discrimination and remitted thecase for a remedies hearing. Key points – This case follows the Court of Appeal decision in Clark v Novacold Ltd[1998] IRLR 420, which held that if a person is dismissed for a disabilityrelated absence, the correct comparator for deciding on less favourabletreatment is a person who is able to attend work, rather than a non-disabledperson who has also been absent. – Employers will not be able to justify dismissal in these circumstancesunless they have considered reasonable adjustments under section 6 of the DDA.The onus is on the employer: simply accepting the opinion of the employee orthe employee’s doctor will not discharge this obligation. Comments are closed. last_img read more


“READERS FORUM” MARCH 10, 2019

first_imgWe hope that today’s “READERS FORUM” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?WHAT’S ON YOUR MIND TODAY?Todays“Readers Poll” question is: Do you feel that the taxpayer should subsidize the Evansville Thunderbolts?Please go to our link of our media partner Channel 44 News located in the upper right-hand corner of the City-County Observer so you can get the up-to-date news, weather, and sports. We are pleased to provide obituaries from several area funeral homes at no costs.  Over the next several weeks we shall be adding additional obituaries from other local funeral homes.  Please scroll down the paper and you shall see a listing of them..If you would like to advertise on the CCO please contact us at City-County [email protected]:  Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.FacebookTwitterCopy LinkEmailSharelast_img read more