Shaftesbury beats market malaise …

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Employment

first_img Emma Smith (instructed by Beachcrofts (Bristol)) for the appellant; Anna Beale (instructed by Leigh Day & Co) for the respondent. The appellant employer (M) appealed against the employment tribunal’s finding that the respondent former employee (C) had suffered direct ­disability discrimination contrary to section 3A(5) of the Disability Discrimination Act 1995. C was an executive director in an industry which paid high bonuses. He was successful in his work but had been told that he needed to widen his client base. In 2007 C severely injured his back and, as a result, his working hours and ability to entertain possible new clients were significantly reduced. At his appraisal, C was told that he had made a strong showing despite his injury. However, M noted that 65% of C’s revenue still came from one client. C was awarded a much lower bonus than the previous year and was later selected for redundancy. The tribunal found that C had been unfairly dismissed and had suffered direct disability discrimination in relation to his bonus and his dismissal. However, it also found that, in accordance with Malcolm v Lewisham LBC [2008] UKHL 43, [2008] 1 AC 1399, a non-disabled comparator in similar circumstances would have been treated in the same way in relation to bonuses and selection for redundancy. The tribunal consequently dismissed C’s claims for disability-related discrimination under section 3A(1). M submitted that, as the tribunal had found that there was no disability-related discrimination because the Malcolm comparator would have been treated in the same way, there could not, on the same facts, be direct disability discrimination. Held: (1) Although the tribunal could, before considering other ingredients of the statutory tort, ask itself ‘the reason why’ for the alleged discriminatory treatment, a comparator was still required, Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11, [2003] 2 All ER 26 and Bahl v Law Society [2003] IRLR 640 EAT applied. In the instant case, the tribunal had not constructed a comparator so far as direct discrimination was concerned, and had not explained what the discrimination was. The comparator for section 3A(1)(a) was a person in similar circumstances to the claimant who either did not have the claimant’s disability or was not disabled, or where the circumstances of the comparator were unconnected with the claimant’s disability, and Malcolm had rendered the scope of section 3A(1)(a) for all practical purposes to be the same as for direct discrimination under section 3A(5). Therefore, if the case on disability-related discrimination failed, it was difficult to see how the same allegations relied upon in support of that case could found a successful claim for direct discrimination; if the claimant had not demonstrated that he had suffered less-favourable treatment, both claims would fail, Edinburgh City Council v Dickson, unreported, 2 December [2009] EAT (SC) applied. The tribunal therefore appeared to have confused the test of determining direct discrimination under section 3A(5) with the pre-Malcolm test of disability-related discrimination, Malcolm applied. Furthermore, it was unclear whether the tribunal considered there was direct discrimination for reasons other than unfair dismissal, failure to increase the client base and in connection with the bonus. If the tribunal did consider that the direct discrimination related to other matters, it was not clear what those might have been and who would have been the appropriate actual or hypothetical comparator, if not the comparator identified for the purposes of disability-related discrimination. If the tribunal considered that a comparator who had failed to widen his client base would have been treated differently it should have said so. (2) The matter would be remitted to the tribunal to determine whether there had been direct disability discrimination on grounds other than the bonus, dismissal or failure to increase the client base. Appeal allowed. Discrimination – Comparators – Reasons – Unfair dismissalcenter_img JP Morgan Europe Ltd v R Chweidan: EAT (Judge Serota QC, A Gallico, K Mohanty): 26 August 2010last_img read more

No. 23 Argos Can’t Complete Series Sweep vs. AUM

first_img Full Schedule Roster PENSACOLA, Fla. –  No. 23 UWF baseball (27-11, 17-5 GSC) dropped its series finale vs. Auburn Montgomery (17-24, 6-18 GSC) 11-3 Saturday at Jim Spooner Field. Nick Kerkmann finished with three of the Argos’ 13 hits, but UWF could not overcome an early deficit that stood at 9-0 in the third inning. “Give AUM credit. They did a great job. They came out with a lot more energy and focus,” said UWF head coach Mike Jeffcoat. “Really disappointed. With a chance to sweep at home on Saturday, we just didn’t get it done. We got outplayed.”Kirk Maddox (3-5) got the start and lasted only into the second, giving up five runs (four earned) while walking two and striking out one. He gave way to Jared Middleton, whom the Warhawks tagged for four runs to build a 9-0 lead going to the bottom of the fourth.”We did not get a good start out of Maddox. Got to help your team get out of the gate,” said Jeffcoat. “Seems like we’re giving up runs right there in the first inning immediately, and the rest of the bullpen didn’t do much better.”Joey Bend scored UWF’s first run after reaching in the fourth and finished the game with two hits plus an RBI. Kerkmann led all Argo bats with three hits. Matt Sullivan picked up two doubles to go to a GSC-best 17 on the season. Mike Branche and Trevor Payne also racked up two hits. Payne reached base seven times in the final two games of the series. UWF stranded 11 runners and hit into two double plays. “I think we scattered 13 hits, about the same amount they had, but we only had three runs and they had 11,” said Jeffcoat. “That kind of tells you the story right there. It’s tough when you’re playing from behind and we got behind early on. Just could not tack a run or kind of close the gap.”Jared Gonzalez was able to stabilize the pitching situation after Maddox and Middleton exited, going three innings while surrendering just one hit and no runs. Whitt Davis and Matt Whetstone combined to finish the game on the mound for the Argos.No. 23 UWF dropped to 18-4 at home this season with the loss. Nathan Langley (3-1), who also led off the Warhawks and racked up three hits and three runs, picked up the win by going 5.2 innings and allowing eight hits and one run (one earned). Connor Smith picked up his first save by throwing three-plus innings in relief.The Argos next travel to North Georgia (22-15, 14-9 PBC) Tuesday and Wednesday for a two-game series. First pitch in Dahlonega Tuesday is set for 7:00 p.m. ET/6:00 p.m. CT.”We’re going to be challenged to the max,” said Jeffcoat of the upcoming trip to face the Nighthawks. “If we show up like we did today, it’s going to be a very disappointing road trip. We’ve got to get some things straightened out in the next two days. Hopefully, philosophically, making sure we’re playing for a lot of pride, making sure what we’re playing for – not just ourselves – so we can go up to North Georgia and represent.”For the latest information on the Argos, follow the team on Twitter @UWF_Baseball.#ARGOS#Print Friendly Version at North Georgia 4/17/2018 – 7:00 pm ET Live Stats Watch Live Preview Next Game:last_img read more

Marcos questions advance payments for vaccines

first_imgSenator Imee R. Marcos expressed surprise on Monday that  advance payments for government purchases such as the impending procurement of coronavirus disease (COVID-19) vaccine for 2021 are allowed.Senator Imee R. Marcos (Senate of the Philippines / FILE PHOTO / MANILA BULLETIN)Because of this, Marcos urged her colleagues to pass a bill that would amend the current Procurement Law to avoid confusion at the Department of Budget and Management (DBM), Department on Health (DOH), local government units (LGUs) and other agencies.The lady senator’s pitch for amendment to the Procurement Law followed her questions fielded at the Department of Budget and Management (DBM) and the Government Procurement Policy Board (GPPB) during a public hearing today on the 2021 National Expenditure Program (NEP) by the Senate finance sub-committee.Marcos, chairwoman of the Senate economic affairs committee, wanted to know whether an advance payment does not violate the law.These agencies, according to Marcos, do not know that this procedure is available to them.The Procurement Law strongly states the use of public biddings in government purchases.The DOH set aside P2.4 billion for the procurement of COVID-19 vaccines under its proposed 2021 budget.Marcos, vice chairwoman of the Senate finance sub-committee, said a slew of bills had been filed in both the Senate and the House of Representatives, and had been discussed at both Legislative chambers but the DBM has yet to submit its position paper on the issue.  Marcos said she is concerned about a DOH statement that advance payment for the purchase for the COVI0-19 is required.The GPPB said advance payment is allowed by Commission on Audit (COA) rules.DOH Undersecretary Maria Rosario Vergeire had said that the P2.4 billion could still be augmented once the cost of vaccines is released by manufacturers.The DOH is looking at 40 million doses of COVID-19 vaccines for 20 percent  of the country’s more  than 100 million population. SIGN UP TO DAILY NEWSLETTERCLICK HERE TO SIGN-UPlast_img read more

How Ronaldinho’s father’s death in swimming pool tragedy shaped Brazil legend’s life and career

first_imgRONALDINHO was the ultimate free spirit on the football pitch.But the tricks and flicks are long gone and the toothy grin replaced with a prison mugshotRonaldinho celebrated his 40th birthday in a Paraguay jailCredit: Twitter @RaphaelSibillaRonaldinho and his brother Assis have been accused of passport fraudCredit: EPAThe former Brazil No10, who spent his 40th birthday on Saturday languishing in a Paraguayan jail, has perversely had his football life shaped by tragedy and failure, despite all the joy he displayed on the pitch.This is just the latest episode.Ronaldinho  entered Paraguay on a forged passport, and the authorities are investigating whether he is involved in money laundering activities.Considered a flight risk, he has been detained. And at the moment, because of coronavirus restrictions, the only people who can visit him are his lawyers.A SAD SITUATIONIt is a desperately sad situation for someone who, with the ball at his feet, symbolised the joyful possibilities of self expression through football as well as anyone who has ever played the game.And if illicit activity has taken place, it is hard to imagine Ronaldinho being aware of it. One of his own lawyers came close to describing him as an idiot, starting that he had little awareness of what was going on around him.But in his glory days as a player he was not only individually brilliant. He was also blessed with footballing intelligence.He thought about the game, and showed excellent collective vision. I well recall interviewing him for the first time back in 2000. He was enthusiastic and bright and clearly in love with what he did.As a footballer, Ronaldinho was majestic on the pitchCredit: Getty Images – GettyWhile behind bars, Ronaldinho has been playing football with his inmatesWORLD CUP FAILUREIt is such a shame that it all ended so soon. The turning point of his career was the 2006 World Cup.Going into the tournament the Brazilian press was full of hopes that this was the moment when he would prove himself better than Pele. It seems either funny or sad in retrospect. He had a poor tournament – in fairness the Brazil side was not well balanced.But never again did he hit the heights of 2004 and 2005. For over a decade afterwards there were occasional flashes but never the same extraordinary level of performance.At 26, when he should have been moving into his prime, he was already past his best.Why? Surely because he lost the love for the game. Other things interested him much more.Failure for Brazil in 2006 was the beginning of Ronaldinho’s downfallCredit: Getty – ContributorAt 26, after flopping at the 2006 World Cup, Ronaldinho appeared to have lost love for the gameCredit: Getty Images – GettyTRAGIC DEATH OF HIS FATHERIt is pure speculation – and probably arrogant amateur psychology – but it is possible that the most significant event in his life was the death of his father.Ronaldinho’s older brother Assis was a footballing prodigy.When he signed his first big contract at Gremio the family moved from a poor neighbourhood to a big house with a swimming pool – in which their father tragically drowned.It was Assis who discovered their dad’s body when he returned from training to celebrate his 18th birthday and his parents’ anniversary.Reportedly their father had suffered a heart attack. Ronaldinho was just eight at the time.Brother Assis helped raise Ronaldinho when their father diedCredit: AP:Associated PressThis may have had two effects. First it impressed on Ronaldinho the fact that life was short and precarious. If he wanted to enjoy himself, he should do it now.Secondly it meant that Assis became a father figure, taking care of all aspects of his life. The son will eventually outgrow the father.But the little brother will always be the little brother. And so when Assis handed him a Paraguayan passport, he thought nothing of it.Ronaldinho ‘to get six months in jail’ after ‘using a fake passport to enter Paraguay’ Real or Fake? Shark Attacks Helicopter Top 5 Best Budget Hotels In Dubai under AED 400 a night. Rebekah Vardy scores an impressive penalty in six-inch heels Funny Moments Of Football People Slammed By Massive Waves 4center_img What’s This “Trick” Called? Comment Down Below!! Travel Diary // Vietnam 2017 10 INCREDIBLE Space Launch Failures! Source: Soccer – thesun.co.uklast_img read more