From the reference manual

first_img Comments are closed. Related posts:No related photos. Previous Article Next Article From the reference manualOn 1 Mar 2003 in Personnel Today In this series, we delve into the XpertHR reference manual to findessential information relating to one of our features. This month’s topic isemployment contractsSUMMARY– It is important for contract terms to be in writing – Terms may be assumed by the courts to be implied if there are no writtenterms – The contract should be seen as a flexible compromise between the needs ofthe parties – The contract assumes great importance when the parties are in dispute – Statutory protection for employees may be dependent on the contract terms IMPORTANCE OF WRITTEN TERMSInevitably, there will be disagreements about the terms and conditions ofemployment. These can be solved without recourse to litigation if the contractterms are clear and unambiguous. If the terms are verbal, or not evenspecifically agreed upon by the parties involved, the situation is ripe fordispute, and there is nothing to hand to clarify the terms. It should not be assumed that verbal terms cannot be proved. The claimant –frequently the employee – must prove their claim, and if they have someevidence, the burden of proof passes to the employer. The court or tribunalwill then make its decision on the balance of probabilities. In practice, theevidence may be no more than what each party alleges it said or heard.Therefore, both employee and employer statistically have a 50 per cent chanceof success. If terms are verbally agreed, it is helpful to have a note of these terms,either made at the time, or immediately afterwards. This could be placed onfile or take the form of a letter confirming the agreement or new term. This isnot absolute proof of the term, but it is admissible evidence, and can bevaluable. Key terms, such as work, location, hours, pay, holiday and notice, have tobe given to the employee in writing by the end of their second month ofemployment. This is not a contract, but good evidence of the terms as seen bythe employer. IMPLIED TERMSIf there is no written agreement on a particular issue, the court ortribunal may assume a term is implied. This could be based on: – The conduct of the parties – A custom in the workplace, trade or area of employment or the region ofemployment – A custom implied in common law – The fact the court or tribunal believes the parties would have agreed tothe term had it been put to them Reliance on implied terms only results in uncertainty, as there can be noguarantee that a term will be implied or what that term will be. As impliedterms cannot override an express term, it is advisable to put the terms inwriting. IMPORTANCE OF THE CONTRACTThe contract does not have to be fair or reasonable – the courts willenforce it as agreed. However, a contract too one-sided is not likely to resultin a long or harmonious relationship. The contract is best regarded as acompromise between the (sometimes conflicting) needs of both parties. There is no automatic power to change the contract terms. So an employerwanting flexibility must build this into the employee’s contract. Similarly,neither employer nor employee should assume that conduct contrary to thecontract terms, means the actual contract has changed. Conduct or custom canfill the gaps in the contract, but do not override contract terms. The most generally recognised benefit of the contract – especially a writtenone – is its usefulness in avoiding disputes. It is decisive in a breach ofcontract claim, as the contract terms alone can be taken into account. It is less decisive in unfair dismissal claims, although it is certainlyimportant when the employee alleges constructive unfair dismissal. This iswhere the employee has resigned, but their resignation has been caused by aserious breach of contract by the employer (Employment Rights Act 1996, section95(1)(c)). This breach must be a breach of an actual contract term such as in WesternExcavating (ECC) Limited v Sharp 1978 IRLR 27 CA. But when deciding whether the dismissal was fair, the contract terms are notall-powerful. The tribunal may decide the dismissal was fair, even if theemployer has broken the contract. In Farrant v The Woodroffe School 1998 IRLR 176 EAT, the employerinsisted on a change of duties, even though it was in breach of contract. Theemployer had been wrongly advised that it had a legal right to make the change.However, taking all the circumstances into account, the Employment AppealTribunal decided that the dismissal was fair. STATUTORY PROVISIONSSome statutory provisions are based on the contract terms, and protection againstunfair dismissal is only given to employees. It is dependent on the contractbeing one of employment, and is generally denied to the self-employed. Theyhave some limited rights to claim unfair dismissal, such as when they have beendismissed because they sought to exercise their right to a representative indisciplinary or grievance proceedings (Employment Relations Act 1999, section13 referring to the Employment Rights Act 1996, section 230(3)). In other situations, statute provides a minimum benefit which replaces anylesser term in the contract, as with statutory minimum notice in the EmploymentRights Act 1996, section 86. PRACTICAL EXAMPLEFacts: A shop expected its staff to work additional hours in therun-up to Christmas. The contract made no provision for overtime, simplystating that their hours of work were ‘9am to 5.30pm with an hour for lunch’.The staff had worked the additional Christmas hours for several years withoutcomplaint, but this year there had been a pay dispute, and the employees werenot happy. They refused to work the additional hours, so the employer held adisciplinary hearing and dismissed them. It was surprised when the tribunalupheld the employees’ claims of breach of contract and unfair dismissal. Comment: The contract set out the hours of work. The custom ofworking the additional hours did not change the express contract term, so theemployer had broken the contract. It had dismissed the employees for refusingto do something they were not legally bound to do. This is normally ruled as anunfair dismissal, and would be here. The employer should have carefully considered the work requirements andincluded a contractual term permitting them to require staff to work overtime.It would be difficult to change the contract to include such a term as theemployees would be unlikely to accept it and there is no automatic right tochange the terms. But, having restored good relations with staff beforehand,this is what the employer needs to do. If this cannot be achieved, then theemployer would need to be more conciliatory in its overtime requests.QUESTIONS& ANSWERSWhyare written terms of employment important?Disagreementsover the terms and conditions of employment can be solved without litigation ifthe contract terms are clear and unambiguous. When the terms are agreedverbally, or are not agreed to by both parties, the situation is open todispute. Terms agreed verbally should be noted either at the time of theagreement, or immediately afterwards.Whatare written particulars and when should the employee receive them?Writtenparticulars of the key terms of employment, such as hours, pay, holiday andnotice, must be given to the employee in writing by the end of their secondmonth of employment. That statement is not the actual contract, but providesgood evidence of the terms as seen by the employer.Whathappens if there is no written agreement of the contractual terms?Thecourt or tribunal may assume a term is implied based on the conduct of theparties, a custom in the workplace or the industry as a whole, a custom impliedat common law, or its belief that the parties would have agreed the term had itbeen put to them. Relianceon implied terms results in uncertainty, so it is best to put all contractterms in writing.Canworkplace custom or conduct override the written terms of a contract?Notusually. The courts tend to enforce the contract as agreed. The contract doesnot have to be fair or reasonable. An employer requiring flexibility must buildthis into the staff contract. Neither employer nor employee should assume thatconduct contrary to the contract terms would change the contract. Conduct orcustom can fill the gaps in the contract, but cannot usually override the contractterms. However, it is possible for custom to override written terms – if, forexample, it has been customary for many years to ignore a written term, and theemployees have reasonably come to expect it to be ignored. Inwhat types of dispute are contracts important?Ina breach of contract claim, the terms are decisive. They are less decisive inunfair dismissal claims, although they are important when the employee allegesconstructive unfair dismissal. This is where the employee has resigned, buttheir resignation was caused by a serious breach of contract by the employer. Inredundancy cases, tribunals do not always use the contractual definitions wheninterpreting the statutory redundancy provisions.Arestatutory provisions dependent on the type of contract?Somestatutory rights, such as unfair dismissal and redundancy pay, are dependent onthe contract being one of employment, and are generally denied to those who areself-employed.last_img read more

Advantage Oil & Gas to sell stake in Glacier Gas Plant for $100m

first_img Glacier Gas Plant is one of the largest producer-owned gas processing facilities in Canada. (Credit: Pixabay/Adam Radosavljevic) Canada-based Advantage Oil & Gas has signed a definitive agreement to sell a 12.5% interest in the Glacier Gas Plant to a strategic partner for $100m in cash.The transaction is expected to strengthen the company’s balance sheet during the time of volatility and support its ability to pursue opportunities and execute capital projects.Advantage will retain the remaining 87.5% interest in the Glacier Gas Plant, which is one of the largest producer-owned gas processing facilities in Canada.In addition to the sale, the company has also signed a 15 year volume commitment agreement with the purchaser for 50 million cf/d at a price of $0.66/mcf.Advantage will operate and retain surplus capacity during the volume commitment termFollowing its commissioning in 2010, the facility was expanded in six phases, increasing its capacity to 400 million cf/d raw gas and 6,800 bpd liquids capacity by 2018.The plant features unique design, high operating run-times, zero venting, and advanced automation technology, complemented by the Glacier Acid Gas Sequestration project.The Glacier Gas Plant processes production from Advantage’s Montney assets at Glacier, Valhalla and Progress through a network of owned pipelines, compressor stations and liquids hubs.The company stated: “As commodity prices vary, Advantage maintains the optionality to redeploy capital to the assets with superior economics depending on the mix of gas, condensate and light oil, with no major infrastructure projects required.”Advantage will operate the plant and retain all surplus capacity during the term of volume commitment.The transaction is expected to be completed in July 2020, subject to customary closing conditions.It is anticipated to enable Advantage to preserve its low-cost structure. Advantage will retain the remaining 87.5% interest in the Glacier Gas Plantlast_img read more

Maxwell’s Tavern announces send-off shows

first_imgHOBOKEN — Maxwell’s Tavern, Hoboken’s once-iconic rock club and bar, has announced that it will hold two last shows: an open-mic on Friday, Feb. 9, and “One for the Road,” a free night of local bands on Saturday, Feb. 10 at 7 p.m. The final performance will include Deaf Rhino, One Hundred Thousand (featuring guitarist Alex Goldenthal, the club’s soundman), Waylaid, Chevonne & The Fuzz, the Jaime Rose Band, and the Wailing Denims in the backroom. Roots-reggae act CC Roots will perform in the front room.The current owners, a business syndicate headed by Pete Carr and Evan Dean, bought Maxwell’s in 2014 hoping to reopen as an artisanal pizzeria, turning the venue’s fabled backroom into a dining room. By 2015, the new owners abandoned the idea and hired local musician and promoter Dave Entwhistle to rebuild the stage and re-engage with the local music community. But the front of the house seemed no different than other Hoboken bars and the restaurant never established a following. And after Entwhistle left his position as booker in mid-2017, the club started relying more on trivia nights and country and blues showcases, leaving fewer spots on the club’s calendar for local music. The current owners have said the venue is closing. However, this does not mean the club won’t reopen again with new owners, but as of now, the current owners have announced these shows.last_img read more

‘Let It Go’ and Sing Along With Queen Elsa on Tuesdays on the Boardwalk

first_imgElsa, the Snow Queen of Arendelle, will visit the Ocean City Boardwalk again on Tuesday.Elsa can be spotted atop the castle at Medieval Fantasy Golf (between 13th and 14th streets) at 6:30 p.m. every Tuesday this summer, and she’s been asking young friends to sing along to the hit song “Let It Go” from the Disney movie “Frozen.”So far, she’s had plenty of help, as big crowds have formed for the weekly sing-alongs. Other “Frozen” characters have joined her, and this week, special guests Spiderman and Wonder Woman showed up for the fun.Elsa and other characters are available for photos until 8 p.m. after the sing-along. The free event includes face-painting and other activities.The sing-along is sponsored by the Shoppes at Pier 14 — the merchants on the 1300 block of the boardwalk in Ocean City. For more information, visit ShoppesAtPier14.com.__________Sign up for OCNJ Daily’s free newsletter and breaking news alerts“Like” us on Facebooklast_img read more

In Short

first_imgConsultancy roleNeill Hastie who retired from Greggs after almost 30 years, has set up a consultancy for the baking industry. His specialities are ingredients through NPD, production, engineering, building, risk and overall project management. Contact him on 0191 378 1871 or email: [email protected]’s expandsThe Dorman Museum in Middlesbrough is now home to a second Nana-Tom’s outlet, to be run by coffee-loving family, the Thompsons. The first café is located at Captain Cook’s Birthplace Museum, serving premium coffee, lunchtime meals, cakes, and a range of other sweet bakery goods.Sausage rolls adaptedAfter research into the taste preferences of its sausage roll brand, savoury pastry brand Pork Farms has launched a four-pack version of its Big Hit sausage roll (stronger recipe) and a four-pack Bowyers recipe (lighter) sausage roll. Both packs will be available from Tesco and Asda from 10 September on promotion.Tropical tastesJuice brand Tropicana is launching a new tropical Pineapple and Guava flavour, to add to its 100% not-from-concentrate Tropicana Pure Premium range. It has been designed to increase consumer choice and drive sales outside the breakfast drink market.Miniature agreementCooper’s Coffee has secured a deal with The Miniature Bakery to distribute its premium bakery products into UK coffee shops. The Miniature Bakery’s cakes, biscuits and chocolate are already stocked in shops such as Selfridges, Harrods and Harvey Nichols, but the firm hopes the agreement with Huddersfield-based Cooper’s will help it gain listings in cafés.last_img read more

Potential deal for Irish Pride Bakeries on cards

first_imgIt is rumoured that a rescue-deal for Irish Pride Bakeries is under way, after it went into receivership last month.Local newspaper, The Wexford People, reported that suppliers and transport companies had been told a deal is under way, although no details have been made public.The potential deal is thought to involve Hovis, after The Gores Group, which owns a 51% stake in Hovis Limited, secured the debt facility of Irish Pride from the appointed receivers last month. The group then appointed KPMG as receivers of the company.Irish Pride employs 340 people across two sites in Taghmon, Co Wexford, and Ballinrobe, Co Mayo.Both KPMG and Hovis have been contacted about the potential deal.Local newspaper The Mayo News published a letter that went out to staff about the receivership status. In the letter, managing director of Irish Pride John Keenan said: “It is with considerable regret that the directors of Irish Pride wish to advise that it is anticipated that the company will later today (11 June) come under the control of a receiver.“We are assured that this change in control will not result in interruption to trading.“This development comes against the background of difficult trading over time, and results ultimately from particular market and cost pressures.”One51 sold Irish Pride for a reported €6m (£4.6m) early last year to WHW Bakeries, controlled by Dublin-based investors Garret and William Lloyd.Gores Group paid £30m in 2014 for a 51% stake in Hovis, buying the stake from Premier Foods, which remains a minority shareholder in the business. Gores said at the time it could back further acquisitions by Hovis.last_img read more

Vulfpeck Adapts Homer’s ‘The Odyssey’ As A Musical In New “Disco Ulysses” Video [Watch]

first_imgVulfpeck has shared a new live video for their Hill Climber instrumental, “Disco Ulysses”.While the song itself has no lyrics, the always-eccentric outfit added some thematic context to the video by way of scrolling stage directions that frame the song as a scene-by-scene outline of a musical—with a book by Homer (sweet literary reference) and music by Vulfpeck. The titles move through dry, comical adaptations of various scenes in Homer’s The Odyssey (like Ulysses blinding the Cyclops) paired with fictional songs like “I Can’t See Good”. While the “scenes” are surely good for some amused chuckles, they also add some creative context for the song’s various distinct musical sections.Check out the new video for Vulfpeck’s “Disco Ulysses” below:Vulfpeck – “Disco Ulysses” [Official Video][Video: Vulf]Related: Vulfpeck Welcomes Cory Henry, The Fearless Flyers At Chilly Red Rocks Blowout [Photos/Video]Vulfpeck has only a handful of performances on the books for the remainder of this year, including a pair of performances at the Greek Theatres in Los Angeles and Berkeley, CA (fittingly dubbed “Greek Week“) in July, a slot at this year’s LOCKN’ festival in August, and their debut performance at New York City’s iconic Madison Square Garden in September. For more information on the upcoming Vulfpeck dates, head to the band’s website here.last_img read more

A Legacy Outdoors: Diamond Brand Gear in 2018

first_imgRecently I learned what a foot is. I couldn’t stop calling it a boot. It’s a tool. It’s a guide. It’s your best friend. Also called Presser Feet, these little pieces of metal are an essential part of the sewing machine, which at its core, is what Diamond Brand Gear is all about. Established in 1881, Diamond Brand Gear has a legacy of crafting high-end products for outdoor enthusiasts, by hand, in America.I recently stopped by their new pop up shop in Downtown Asheville to say hey, check out their new lineup of gear, and take some photos. It’s barely open, dimly lit, and really cool.An open, shotgun style space, the first thing you see when you walk in is an island of sewing machines. Their power cord lifelines reaching down to each machine from the ceiling, it’s a unique feature in the middle of a shop.“The machines aren’t just for production, we want people to get their hands on them as well,” Says John Delaloye, CEO of Diamond Brand. Folks will be able to sew right alongside the seamsters at the Diamond Brand Pop Up.When asking about sales, Procurement Director Trey Hellums simply put, “We need to make more.” While we chat, seamster Chris Della Posta is gathering and organizing a “mise en place” of materials. He’s about to start making more bags. Along with their facility in Fletcher, the bags are made, right there in the shop. When they are done, they go on the shelves to purchase. Literally made by hand in America right in front of you. I love how transparent the operation is.A History OutdoorsDiamond Brand Gear has been around since 1881. That’s 137 years for the mathematicians out there. They have accomplished a lot In that time, including making the first backpacks for the Boy Scouts of America in 1931. When the 1960s rolled around, Diamond Brand Gear started manufacturing products for the outdoors. It’s around this time when they moved south to Western North Carolina from Pennsylvania. Situated right between Asheville and Hendersonville, they were in the perfect spot to be on the forefront of the outdoor gear industry.The Great Day PackWhat’s New For Diamond BrandOld. Old is new for Diamond Brand Gear. They have done some rebranding (which as a designer, I love), bringing back a retro look to their gear. From the colors to the materials, you see it in everything. They’ve done a fantastic job of making these products feel organically retro, but still high quality.Now, I have an unhealthy obsession with bags and backpacks. I don’t know what it is, but I just love them, a lot. So it was love at first sight with the Great Day Pack.I had the pleasure of meeting Erin, the designer of the bag, at Get In Gear Fest. You could tell she was proud of her creation. The simple solutions to strap sizing, comfort, access, and storage all complement just how damn good the bag looks. Detachable compartments and straps allow the bag to simply adjust to its next adventure. One of my favorite features is the laptop sleeve, sitting a couple inches off the bottom, keeping your computer from getting dinged up everytime you set your bag down.All of these little features add up to a really well planned, beautiful backpack.The Double Take BagAnother favorite of mine is the Double Take, which is a rad little cooler pack that can accommodate six-packs of cans, bottles, and bombers. They come in several different colors, and like the rest of their lineup, you can mix/match colors to make the bag uniquely you.This cleverly designed bag has a separate, roll-top insulated interior made of wax canvas that keeps your brews cold while you’re on the go. The loops in the front allow you to latch the bag at different heights to accommodate different sized bottles and the latch doubles as a bottle opener.From purses and computer bags to messenger bags and tents, they have a number of other products available as well. Be sure to check out their ever-popular Belay Bag that is a revamp of an 80s model pack and the higher-end Biltmore Series.Grand Opening DowntownOn Friday, May 4, Diamond Brand Gear will host the grand opening of their Pop Up Factory in conjunction with the First Friday Artwalk in Downtown Asheville. The event runs from 5 p.m. to 8 p.m. and is located at 69 Broadway Street.The following day, at 3 p.m., they will be offering interactive activities to the public as a part of the Creative Intervention in downtown.The Pop Up Factory will be open every Tuesday – Saturday, from 10 a.m. to 6 p.m.Diamond Brand Gear truly does it different than most. The quality of their work and passion for the outdoors shines through in everyone one of their products.To learn more, check them out at DiamondBrandGear.comJustin Forrest is an outdoor writer, fly fishing addict, and co-founder of Narrative North—based in Asheville, N.C. He posts pictures of cats and fishing on Instagram sometimes.last_img read more

Cocaine Found Hidden in Rome Airport Trolleys

first_imgBy Dialogo November 18, 2010 Drug traffickers busted in Rome airport had found some ingenious smuggling methods — including hiding cocaine inside baggage trolleys, the police commander in charge of the inquiry told AFP on 17 November. “They were hiding the drugs in the handles of the trolleys to evade customs,” said Alessio Mauro, a lieutenant in the Guardia di Finanza force. Police officers also found drugs “hidden inside secret pockets sewn into many pairs of jeans transported in passangers’ luggage,” Mauro said. Drugs worth five million euros (6.8 million dollars) were seized in the operation at Fiumicino airport and six people have been arrested. The drugs were being smuggled by passengers from Argentina and Brazil. “We check passenger lists for certain flights every day against other lines of investigation. That’s how we found the smugglers,” Mauro said. The people arrested are an Italian man working for an airline, a German woman arriving from Brazil and four people travelling from Argentina.last_img read more

LI’s Fed Workers Return to Work as Govt Shutdown Ends

first_imgPresident Barack Obama, who refused to put the Affordable Care Act, his top legislative achievement, on the negotiating table, said there “were no winners” when lawmakers agreed to end the stalemate.“These last few weeks have inflicted completely unnecessary damage on our economy,” Obama said, thanking federal employees and welcoming them back to work. “We come from different parties, but we are Americans first.”A continued shutdown would’ve had other consequences on LI: Calverton National Cemetery and Brookhaven National Laboratory warned that they would eventually have to furlough their employees.“If the shutdown lasted much long than it did, impacts to our programs and to our employees would have been unavoidable,” BNL said in a statement Thursday.Under the new deal, the government will be funded through Jan. 15, which means another showdown between this dysfunctional Congress could be on the horizon.-With Timothy Bolger Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Plum Island Animal Disease Center. (Timothy Bolger/Long Island Press)Federal employees across Long Island furloughed during the 16-day government shutdown were told to suit up for work Thursday morning after Congress finally agreed to re-open the government, ending a 16-day shutdown that dangerously put the United States on the brink of default.The deal, struck by U.S. Senate leaders after Republican leaders in the House of Representatives were forced to give up on their quest to defund Affordable Care Act as part of a deal to end the shutdown, meant that LI’s two national parks—Sagamore Hill National Historic Site and Fire Island National Seashore—would be open to visitors, though in the case of Sagamore Hill, only its grounds as renovations continue on Theodore Roosevelt’s Oyster Bay home.“We are open!” Sagamore Hill wrote on its Facebook page.The end to the 18th government shutdown in four decades allowed staffers at Plum Island Animal Disease Center to head back to work Thursday, as well as employees at U.S. Merchant Marine Academy in Great Neck.Students at the academy, forced to use their spring and fall vacations so they wouldn’t miss more than two weeks of classes, will return to the academy Monday, said Ted Dogonniuck, a U.S. Merchant Marine Academy spokesperson.Despite the significance of government re-opening, nobody appeared to be in a congratulatory mood.“Tonight, I supported a bipartisan agreement to reopen the government and prevent the U.S from defaulting on its obligations,” Rep. Tim Bishop (D-Southampton) wrote his Facebook page. “It is unfortunate that it took 16 days to put an end to this reckless shutdown, however I am hopeful that going forward my colleagues will agree that we must always work together in a bipartisan way to ensure that this kind of stalemate never happens again.”Rep. Peter King (R-Seaford), who bucked his party during the shutdown and was an outspoken critic of many Tea Party members in the Republican Party, continued his attack on Twitter Wednesday.The agreement to reopen the government is a victory for America and a defeat for @SenTedCruz.— Rep. Pete King (@RepPeteKing) October 16, 2013last_img read more