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On appeal

first_imgContinuing our series on the implications of recent significant cases, HughCalloway, associate solicitor in the commercial litigation department atGlanvilles Solicitors looks at issues surrounding some employment-relateddisputesDismissal for testing positive for drugs was fair O’Flynn v Airlinks the Airport Coach Co Ltd EAT/0269/01 – unreported O’Flynn was a customer care assistant and had been employed for more thantwo years when the company introduced an alcohol and drugs policy. The policywas based on zero tolerance of drugs and also introduced a random screening of10 per cent of the workforce per annum. The policy not only stated that apositive drugs test would lead to disciplinary procedures, which would probablyresult in dismissal, but included reporting for duty with drugs in the systemwithin their definition of gross misconduct. O’Flynn was randomly selected and admitted to the nurse she had takenillegal substances, whereupon she was suspended. The test proved positive andshe was called to a disciplinary hearing, which she attended with arepresentative. At the hearing she agreed she was aware of the policy and knewthat a positive test result was a dismissible offence. She was dismissed, didnot appeal and claimed she had been unfairly dismissed. The EAT held that the tribunal had been correct by applying the standards ofa reasonable employer and finding the employer had established reasonablegrounds for the belief that O’Flynn was guilty of misconduct, and that theinvestigation was reasonable in all the circumstances and a decision fellwithin the bounds of reasonable responses that a reasonable employer mightapply. The EAT also considered the effect of the Human Rights Act 1998. While theAct could have no application because it came into force after the random drugtest, the EAT did consider what would have occurred had the Act been in forceat the time. The EAT concluded that the argument that it was a breach of the Act wouldnot necessarily have succeeded for a couple of reasons. First, the companypolicy was not that the employee should not take drugs, but that the employeeshould not report to work with drugs in their system as evidenced by a positivedrugs test or a refusal to submit to a drugs test. Second, the employee couldhave been required to assist drivers, and therefore the policy was necessary toprotect public safety. The employer therefore had legitimate safety concerns and the tribunal’sconclusion that the employer’s response in introducing the policy and randomtesting was proportionate and could not be criticised. The main point to come from this case is that the policy only took effectwhen the employees reported to work with drugs in their system, that the policywas necessary for health and safety reasons and the policy was a proportionateresponse for those safety reasons. It was an important fact that O’Flynn couldhave been asked to undertake driving coaches and to serve hot drinks to membersof the public on moving coaches. Tribunals must look at procedure objectively Sainsburys Supermarkets Ltd v Hitt, Court of Appeal, 18 October 2002 Hitt was employed by Sainsburys as a baker when he was dismissed for allegedmisconduct, having been accused of stealing. He issued an application in theEmployment Tribunal alleging that Sainsburys had failed to carry out areasonable procedure and there were no sufficient grounds for Sainsburys todisbelieve his assertion that someone else had placed the stolen items wherethey were found. Sainsburys suspended Hitt on full pay pending an investigation, whichconfirmed there were grounds for believing that the allegations against himwere true. Hitt was dismissed following a disciplinary hearing, which wasupheld on a later internal appeal. The current test raised in the case is contained in Section 98 of theEmployment Rights Act 1996. This related to confusion as to whether thetribunal should question the employer’s alleged reason for dismissal andevaluate for itself the evidence which may lead to a conclusion contrary to theemployer’s. In other words, should the tribunal place itself in the position ofthe employer and evaluate the evidence in the disciplinary process? In Hitt it was reiterated that the tribunal must not substitute its ownopinion as to what was a reasonable and adequate investigation, but insteadfollow the three-part test in British Home Stores Ltd v Burchell 1980 ICR 303.This test states that the tribunal must decide whether the employer believedthere had been misconduct, that the employer had reasonable grounds upon whichto sustain that belief, and that the employer at the stage at which he formedthat belief on those grounds had carried out as much investigation into thematter as was reasonable in all the circumstances. In conclusion, therefore, the tribunal must look at the procedureobjectively and determine whether a reasonable person would have found theprocedure to be reasonable in all the circumstances, and must not substituteits own view. Hugh Calloway Tel: 01983 523663 [email protected] Previous Article Next Article On appealOn 3 Dec 2002 in Personnel Today Comments are closed. 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Coaches Corner Monday Nights On WRBI

first_imgListen to WRBI Monday Nights at 5:45 for Southeastern Indiana’s top local sports show, Coaches Corner, hosted by Hall of Famer Ron Raver at Ison’s Family Pizza in Batesville.Coaches Corner will be back on WRBI in August!A huge thank you to Cecil and the fantastic crew at Ison’s Family Pizza for again hosting Coaches Corner.last_img

Indians And Sri Lankans Dominate Lagos International Badminton Classics 2017

first_imgThe 3rd edition of the Lagos international Badminton Classics has left a remarkable statement for all as the finals saw the Sri Lankan and Indian contingent scoop major honours on final day.The four day championship which climaxed on Saturday with the finals in all categories at the Molade Indoor Sports Hall, Teslim Balogun Stadium, Surulere, Lagos saw two Indians in the men singles category— Rahul Yadav Chittaboina and Karan Rajan Rajarajan slug it out on the court for gold with the former emerging champion in two straight sets (21-15, 21-13).Thilini Pramodika Hendahewa of Sri Lanka who was unseeded in the tournament  emerged champion in the women’s category after a close victory over India’s Mugdha Agrey who was seeded 4th heading into the international challenge.Hendahewa who had earlier beat Nigeria’s top seed and tournament’s 5th seed, Grace Gabriel in the female category round of 32 enjoyed a roller coaster ride in the first set against Mugdha 21-13 before a nervy 21-19 score line in the second set to win gold.The Indian duo of Manu Attri and Reddy B. Sumeeth who are currently ranked 33rd emerge champions in the men’s doubles category over Nigeria’s Anuoluwapo Opeyori and Godwin Olofua in two sets– 21-13 21-15 .Furthering the Sri Lankan dominance also saw the strong pairing of Thilini Pramodika Hendahewa and Ishadika Kavidi defeat Nigeria’s Zainab Momoh and Ramatu Yakubu 21-8 21-5  to become the 2017 women’ s doubles champion.And in what would remain unarguably, one of the biggest highlights of this year’s Lagos International Badminton Classics was seeing mother and son (The Zilbermans)– Misha Zilberman (M) and Svetlana Zilberman (F) of Israel  beat Portuguese’ duo of Duarte Nuno Anjo (M) and Sofia Setim (F) to clinch the mix doubles title. Writer: Chidiebere AnugwoluRelatedClassics 2017: Day 3  Leaves Excited Fans Wanting More As Team Nigeria Thrives In Doubles CategoryJuly 30, 2017In “Sports”Lagos International Badminton Classics: Chronicle Of Upsets In Day 2July 28, 2017In “Sports”Lagos International Badminton Classics Record Upset In Day OneJuly 27, 2017In “Competition”last_img read more

Could the Bridge be falling?

first_imgAntonio Conte’s Chelsea turned the Premier League title race into a procession in his first season, but worrying cracks are appearing that threatens to fatally undermine the current campaign.The Stamford Bridge club accrued 93 points — the second-highest tally in the Premier League era — to finish seven points clear of nearest challengers Tottenham Hotspur and a whopping 15 ahead of Manchester City in 2016-2017.But this term they are nine points adrift of pacesetters Manchester City, with three defeats already — they only suffered five losses in the whole of last season.Now the 2012 European champions are licking their wounds after an embarrassing 3-0 Champions League pummelling by Roma.Lack Of Signings:Spain striker Alvaro Morata was Chelsea’s major signing in the summer transfer window, joining alongside midfielders Tiemoue Bakayoko and Danny Drinkwater and defenders Antonio Rudiger and Davide Zappacosta, but moves for several targets failed to come off.England midfielder Alex Oxlade-Chamberlain opted for Liverpool and Spanish striker Fernando Llorente elected to move to London rivals Tottenham, while Ross Barkley stayed at Everton.Perhaps most gallingly of all, striker Romelu Lukaku chose Manchester United over a return to his former club.Conte expressed his frustration at Chelsea’s failure to land some of his top transfer targets but made clear he had no intention of walking out.Matic mistake?Chelsea have been widely criticised for allowing defensive midfielder Nemanja Matic to join former boss Jose Mourinho at Manchester United.Despite a strong-looking midfield roster that includes Bakayoko, Cesc Fabregas and N’Golo Kante, Matic’s loss has been felt, particularly given that Kante has missed a chunk of fixtures with a hamstring injury.Former England and Manchester United defender Phil Neville, speaking after the Roma defeat, said whoever decided to sell Matic should be sacked.European Distractions:Last Season, Chelsea had no European commitments after finishing a lowly 10th in the table in 2015-16, meaning they could focus all their attention on the Premier League, with ample time to rest between matches.Despite their damaging 3-0 defeat away to Roma on Tuesday, they still look poised to qualify from Group C, but their continental exertions are putting a strain on Conte’s thin squad.Unrest? :Reports have emerged of players becoming unhappy with a tough training regime and Conte has admitted his squad is struggling to cope with the demands of defending the Premier League title and competing in Europe.In an angry outburst last week, he described reports of unrest at the club as “bullshit”.The Italian denied his reign has been undermined by players texting his former assistant Steve Holland to complain about his training methods. RelatedAlvaro Morata’s injury could see Chelsea further strugglingOctober 3, 2017In “England”2017/2018 Premier League: Who Makes The Top Four?August 11, 2017In “England”Betting Odds For August 12, 2017August 12, 2017In “Europe”last_img read more

The QPR v Tottenham quiz

first_imgIt’s a QPR v Spurs quiz with no mention of Gavin Maguire, Gurnham Singh or the cup final – at least not the ’82 one. We reckon you’ve more chance of playing in a cup final than getting the 10th question right, so see how many of the first nine you can answer correctly.[wp-simple-survey-1]Follow West London Sport on TwitterFind us on Facebooklast_img

Conquering South Africa’s litterbug

first_imgCamilla Howard and Michael Baretta. The determined duo plan to clean up 3 300km of South Africa’s coastline, starting from Alexander Bay near the Namibian border to Kosi Bay next to the border with Mozambique.(Images: Trekking for Trash)MEDIA CONTACTS • Michael Baretta+27 84 599 0249Cadine PillayA pair of South Africans determined to see cleaner beaches around the country’s coastlines will embark on a seven-month journey from October 2012 to April 2013 to create awareness about littering and the changes in attitude that citizens should embrace.Camilla Howard, the founder of a Cape Town cooking school and Michael Baretta, a manager for branding agency The Creative Counsel, plan to walk along 3 300km of coastline from Alexander Bay near the Namibian border, around the southern tip of the country and all the way up the east coast to Kosi Bay, next to the border with Mozambique.Trekking for Trash, as their initiative is called, aims to raise awareness among South Africans about the growing problem that is littering.“Camilla and I have always wanted to combine our passions,” said Baretta. “This is something we’ve always wanted to do and we’d really like to inspire a change in our society.”Before starting Trekking for Trash, the two researched the common reasons for littering and what this means to the South African society.“Litter is so much more than just unsightly,” explained Baretta, adding that it results in some serious environmental, social and economic issues.“Most notably it perpetuates the broken-window effect in our country.”The broken-window theory argues that a clean environment that is well maintained is a sign that the area is monitored and that criminal behaviour will not be tolerated.“If we can clean up South Africa, maybe we can reduce crime,” said Baretta. “Fundamentally it’s about an attitude of respect.”Howard added that litter is something that has always bothered the pair on a personal level, and this is prompting them to make a real difference and to change the attitudes of South Africans, especially young people, towards littering.Taking each day as it comesThe daily plan for Baretta and Howard requires them to start each day of their journey at 6am and walk anything between 18 and35km before resting for the day. While one carries the litter bin – made of cloth, and can be carried like a backpack to take about 20 litres of trash at a time –the other will be responsible for carrying their food and water supplies for the day.The objective for each day’s mission is to fill the bin as many times as possible, while identifying the problem areas with regard to littering. The pair also hopes to encourage communities in the different towns they will pass through to make an effort to keep their areas clean.“It’s very difficult to measure change in perceptions,” said Baretta. “The strongest motivation for us would be to see how many other people we motivate to do something similar to our cause.”They also plan to visit 15 schools along their route, where they will perform a skit with a theme related to littering and recycling. Furthermore they plan to install recycling stations sponsored by Collect-a-Can on the schools’ grounds. The schools will participate in a programme where they will compete for a cash prize that will be given to the one that collects the most cans.The visit in each town will be marked by the delivery by Howard and Baretta of a letter – signed by authorities at the National Department of Environmental Affairs – to municipal authorities that testifies to the efforts of Trekking for Trash. The letter will serve as a challenge to each municipality to take up the task of cleaning up the environment.Making noise for a causeUsing social media like Facebook and Twitter, Baretta and Howard expose just how dirty South Africans are by posting pictures of the most littered areas. By geotagging areas that are too large for the two of them to manage, the two challenged friends and fans of their initiative to take on the task of gathering volunteers to help clean them up.On a national level, they are raising funds to support informal waste collectors by providing them with protective gear, reflective outfits, gloves and also the skills to develop their small businesses.Packaging giant Nampak and Collect-a-Can have collectively formed an organisation called Can Do, which is the headline sponsor for Trekking for Trash. It is funding the maintenance of the social media platforms and providing money to keep Baretta and Howard nourished throughout their journey. Other sponsors include Nokia, sports clothing manufacturer Hi-tec, battery maker Energizer and Vodacom.last_img read more

PBL 3: Saina Nehwal vs PV Sindhu match not happening just yet

first_imgSaina Nehwal will miss out on the first tie of the Premier Badminton League (PBL) between Awadhe Warriors and Chennai Smashers on Thursday.Since Saina is still recovering from an ankle strain, the marquee clash between PV Sindhu and her will not happen just yet.PBL 3 was slated to kick start with Saina vs Sindhu at the heart but the fans are all set to be disappointed in that respect.”Saina is recovering from a small ankle issue which she had developedfew weeks back. She is recovering well and we are expecting her to befully fit for the next match,” Awadhe Warriors coach Anup Sridhar said. #ContestAlertStart with your predictions already! #PredictTheTrump of #CHEvAWD and stand a chance to WIN #VodafonePBL merchandise.Check the T&Cs here: https://t.co/3XMUizSLFE pic.twitter.com/mMP7duX1Uj- PBL India (@PBLIndiaLive) December 23, 2017Saina and Sindhu last met in the final of the National Badminton Championship in Nagpur where the former came out victorious in straight sets.Saina, recently, lashed out at BWF for its cramped schedule in 2018 saying players don’t have time to breath between tournaments and it may lead to injuries.”Lots of practice and recovery time needs to be given to players between tournaments. Just pointing Nationals is not right, there are too many tournaments anyway, if you see even PBL makes it heavy. 2018 is especially tough with Asian Games and Commonwealth Games (CWG) also there. Earlier this year, when the BAI made it compulsory for the top shuttlers to participate in the Nationals, subsequent to which Srikanth got an injury and could not participate in China Open and Hong Kong Open, a lot of questions were raised on the frequency of matches the top badminton players play.advertisement”In a big tournament like World Championships, half your energy is gone and then having a tournament as big as that with only two weeks in between, it is challenging yourself mentally and physically once more and that is not easy. There is no time at all and that is why you see quite some top players not at their 100 per cent,” Saina told reporters at a pre-tournament event.last_img read more