Case round-up

first_imgRelated posts:No related photos. This week’s case round-upFive-year temporary assignment Franks v Reuters Ltd and another, Court of Appeal, 10 April, 2003 Employers who use agency staff should take note of this decision in whichthe Court of Appeal has allowed an agency worker’s complaints for unfair dismissaland redundancy against the ‘client’ for whom he worked (and not the employmentagency) to be re-heard by an employment tribunal. Franks gained a temporary placement through an employment agency as a driverfor Reuters. After six months, he became a full time driver, but five yearslater, Franks was told that his services were no longer required. Throughouthis engagement, Franks was paid by the employment agency (now in liquidation).Franks brought tribunal complaints against Reuters for unfair dismissal,redundancy and breach of contract. The tribunal dismissed his complaints, finding that Franks was not anemployee of Reuters. There was no mutuality of obligation between the parties –a necessary condition of an employment relationship – and that decision wasupheld by the Employment Appeal Tribunal. However, Franks successfully appealedto the Court of Appeal. The court held that the tribunal had failed to address the question as towhether there was an implied contract of service between Franks and Reuters. Itshould have considered all the facts, including what had been said and done aswell as relevant documentation, and then determined whether there had been animplied contract. The court also stated that while a person does not become anemployee simply through length of service, the lengthy period of time for whichFranks had worked for Reuters (five years) was such that it was capable ofcreating an implied contractual relationship. Franks’ claims are to re-heard byan employment tribunal. ‘Rolled up’ pay unlawful MPB Structures Ltd v Munro, Court of Session, 1 April, 2003 To meet obligations under the Working Time Regulations 1998, many employersuse a ‘rolled up’ rate of pay, which incorporates holiday pay in the weekly orhourly salary. Staff holidays are therefore unpaid. However, the Scottish Courtof Appeal has recently confirmed that such a practice is unlawful. Munro was employed by MPB and paid a ‘rolled up’ rate of pay, which includedan 8 per cent allowance for holiday pay in each weekly pay packet. This wasexpressly provided for in his employment contract. Despite this, Munro broughta successful complaint for unpaid holiday pay. The tribunal found thecontractual provision which included holiday pay in the weekly rate was voidunder the Working Time Regulations 1998. MPB’s appeals to the Employment Appeal Tribunal and the Court of Sessionwere unsuccessful. The courts found that ‘rolled up’ arrangements were not inaccordance with the regulations, and would discourage staff from takingholidays – conflicting with what the regulations sought to achieve. It was notonly essential for payment to be made for annual leave, but also for it to bemade in association with taking that leave. MPB was liable to give holiday pay to Munro, and received no credit forpayments already made (8 per cent allowance), since the ‘rolled up’ rate didnot qualify to discharge MPB’s liability in respect of holiday pay. Comments are closed. Previous Article Next Article Case round-upOn 29 Apr 2003 in Personnel Todaylast_img read more

KCCA FC hope to change fortunes away to Esperance in CAF Champions League

first_imgKCCA FC defeated Al Ahly 2-0 in their last Champions League game (File Photo)CAF Champions League 2018Esperance de Tunis vs KCCA FCStade Olympic de RadesTuesday, 17-07-2018Referee: Noureddine El Jaafari (Morocco)KCCA FC will be out to start a new chapter in Ugandan football when they take on Esperance in their third group game at the 2018 CAF Champions League.Ugandan clubs have always struggled against sides from North Africa with the Kasasiro Boys being the latest to test the wrath.KCCA FC lost 4-0 to Club Africain last season in the Confederations cup but their coach Mike Mutebi is optimistic his side can pull-off a great result today.“We expect to have a tough time in Tunisia as Esperance are leading the group and are at home, said Mutebi.“But gone are the days when we got scared ahead of a clash with North Africans, we are now confident we can always pick positive results against them.“We have made very good preparations and the players are confident especially after that win against AL Ahly at Namboole.“We also learnt a lot from our loss in Tunis last season because we were not out played but we didn’t have the belief we could pick a desired result.“We are going to play to win the game and not just seating back and let them come at us.KCCA FC have been boosted by the signing of attacking midfielder Gift Ali and defender Bernard Muwanga this off-season.Ali, one of the most underrated midfielders in Uganda will indeed add more creativity to the side and can also cause massive trouble via dead balls.For Muwanga, he solves a ever-lasting issue at center-half for the Kasasiro Boys as Mutebi has always been on the look-out for captain Timothy Awanyi’s partner.It however remains to be seen whether the tactician will stick on a back-three that will see Muwanga slot in on the left side of defence as he has been playing during the build-up games.Midfielders Muzamir Mutyaba and Saddam Juma are also fully fit for the first time in a while and the inclusion of striker Shaban Muhammad in the squad eases pressure off the in-experienced Patrick Kaddu who finished last season as KCCA FC’s main striker.Match Stats:Head to Head:This is the first time the two sides meet in Africa’s elite club Competition.However, KCCA FC played Tunisian side Club Africian at this stage in the Confederations cup last season. Winning one and losing the other of the two games. The Game in Tunisia ended KCCA’s hopes of progression to the knock-out stages as the lost 4-0.Esperance:Esperance go into the fixture top of Group A having won one and drawn the other of their first two CAF Champions league games this season.Esperance have won two CAF Champions League titles in the past. Their latest triumph dating back to 2011 when they edged Moroccan side Wydad Casablanca 1-0 over two legs in the final.They are on the back of their 28th Tunisian League triumph after winning the title in May.They have lost only one of their last 14 Champions League games. The loss was a 2-1 defeat to Al Ahly on 23-09-2017 in Rades.At home, the Tunisian giants have won 10 of their past 12 games (D1 L1).KCCA FC:KCCA FC head into the fixture occupying third spot in Group A with a W1-D0-L1 record.The Kasasiro Boys have won six of their last seven competitive fixtures, the other being a 2-2 draw with Police FC in the Uganda Premier League.In the Champions League, they have lost only one of their last five games (D1 L1).However, they have not registered a victory in any of their last seven away games in the competition (D2 L5).This is the first time KCCA FC is competing in the CAF Champions League group stages.Comments Tags: CAF Champions LeagueEsperance de TunisKCCA FCMike Mutebitoplast_img read more

Knee brace part of 49ers Jimmy Garoppolo’s cautious comeback

first_imgSANTA CLARA — Jimmy Garoppolo said “hell yeah” he will wear a brace on his left knee this season as he returns from an anterior cruciate ligament tear.Consider that part of the precautions put in place for the 49ers star quarterback with this week’s start of the offseason program.Garoppolo said “the goal” is to be medically cleared for all activity once training camp arrives in late July, and even he noted … [vemba-video id=”van/sc/2019/04/17/bang_b028b7bc-600a-4264-b5b3-340ad5866a17″]last_img read more

Sheldon Neuse forces his way onto Athletics’ roster; Matt Chapman sits and Sean Manaea stands by

first_imgKANSAS CITY — Sheldon Neuse should make his major league debut with the Oakland A’s sometime this week. The team’s No. 8 prospect’s contract was selected from triple-A Las Vegas on Thursday morning.Neuse’s performance with the Aviators was hard to ignore. In 126 games, Neuse has a .317 average with 27 home runs and a .939 OPS.“Look at the numbers it’s a really good season,” manager Bob Melvin said. “Kind of similar in what we’re seeing with (Seth) Browny.”Neuse primarly playes third base, …last_img read more

President Zuma extends condolences to Sandton tragedy victims

first_imgIn his response to the collapse of the walkway over the M1 highway in Sandton, President Jacob Zuma passed on his condolences to those who lost family members in the incident and wished the 22 who were injured a speedy recovery.South African president, Jacob ZumaJohannesburg, 15 October 2015 – President Jacob Zuma has extended condolences to the families of those who lost their lives yesterday, 14 October 2015, during the collapse of a bridge along the M1 highway in Sandton, Johannesburg.The President further wished those who were injured during the accident a speedy recovery. He has directed the authorities to swiftly investigate the cause of the accident.President Zuma has also urged construction companies to always take necessary precautions to protect workers and the public during the construction phases to avoid such tragic accidents.Contact Bongani Majola on 082 339 1993 or [email protected] for more information.last_img read more

Farmers can fight rural hunger in Ohio with Invest An Acre

first_imgShare Facebook Twitter Google + LinkedIn Pinterest Even though America’s farmers are among the most productive and efficient in the world, hunger is still a significant problem in America. Nearly 15% of all rural households are regularly without food – that’s around 3 million households in the very communities where much of the world’s food supply is raised. In addition, one out of every six people goes hungry regularly in the United States.The American farmer is the heart of rural America and that’s why it is no surprise that farmers have stepped up to fight hunger in their own communities with the Invest An Acre program.The Invest An Acre program gives farmers the opportunity to donate the revenue from their crops to a local food bank in their community. To help in this effort Monsanto will match donations made by farmers to make twice the difference.One of the beneficiaries of this program is The Mid-Ohio Food Bank. During their most recent fiscal year, The Mid-Ohio Food Bank distributed 62 million pounds of food, nearly half of that being fresh food, to their 20 county territory throughout central and eastern Ohio.“The Invest An Acre program started 3 years ago with the focus of grain farmers donating money at the elevator when they sold their product,” said Jami Willard, the Agriculture Acquisition Representative for The Mid-Ohio Food Bank. “Over time it has morphed into a National program where rural community members and agricultural professionals can also donate online and those funds will be matched with a donation by Monsanto. That money is then put to use right back in the zip code where it was given to alleviate local hunger.”How do farmers get involved?Farmers simply need to bring their crops to a local ADM elevator and let the elevator operator know that they’d like to participate in the Invest an Acre program and 100% of the donated proceeds go to Feeding America to buy food for local food banks. To date, over 5.1 million meals have been raised through the Invest An Acre program.Donations may also be made online at InvestanAcre.org.last_img read more

@Pistachio’s TechStars Startup Gets Funded Fifteen Days Into Program

first_img8 Best WordPress Hosting Solutions on the Market Top Reasons to Go With Managed WordPress Hosting A Web Developer’s New Best Friend is the AI Wai… jolie odell Related Posts For reference, Pivotal Labs is the company that helped solve Twitter’s massive downtime issues last summer.Angel investors include Jeff Bennett of NameMedia and John Landry of Lead Dog Ventures. For more details about the company, see Scott Kirsner’s blog post about the funding announcement. Laura “Pistachio” Fitton’s TechStars project, OneForty, has received an angel round of funding to the tune of around $250,000 just 15 days into the business accelerator session.The startup, which was selected to participate in the Boston TechStars program, is described as an “app store for Twitter.” Fitton, who literally wrote the book on Twitter and currently consults on business uses of the popular microblogging platform, describes the product as a tool to help users navigate the Twitter ecosystem. And to be fair, Fitton was seeking funding before the company was accepted for TechStars.Here, Fitton talks about OneForty, which she is developing in conjunction with Pivotal Labs, in some detail: Why Tech Companies Need Simpler Terms of Servic… Tags:#start#startups last_img read more

Delivering Community-Based Nutrition Education Programs

first_imgThe Nutrition and Wellness concentration area of the Military Families Learning Network (MFLN) addresses the preventative and medical nutrition needs of the military and their families. Professionals working with military families are provided education and resources by MFLN Nutrition and Wellness through synthesizing, integrating, and applying research updates with innovative educational and counseling strategies.Professionals working with military families can also turn to the Cooperative Extension System when looking for education and resources addressing nutrition. Partnered with National Institute of Food and Agriculture (NIFA), the Cooperative Extension provides nutrition education programs that help individuals, families, and communities nationwide.Curious to see what your state Extension has to offer for Nutrition programs? Listed below are the 7 pilot program states:Florida Cooperative Extension Indiana Cooperative ExtensionMaryland Cooperative ExtensionMississippi Cooperative ExtensionMinnesota Cooperative ExtensionNew Mexico Cooperative ExtensionOklahoma Cooperative ExtensionDon’t see your state listed above? Here is a nationwide directory to help: Food, Nutrition and Affiliated Areas State Extension Directorylast_img read more

ADLINK: fanless Embedded computers with Windows 7 support

first_imgADLINK Technology launched the MXE-1500 Series of fanless embedded computers. The successor to ADLINK’s MXE-1300 Series, the MXE 1500 offers richer I/O interfaces, and more flexible I/O configurations in the same compact enclosure. Intel Celeron(Braswell) processors, Intel’s last generation of CPU to support Windows 7, power the MXE-1500 to a 90% increase in image processing capabilities over the previous generation, and support three independent displays, altogether delivering an unequaled price/performance ratio and making the MXE-1500 an ideal choice for industrial automation applications and mass transit operators.By featuring Intel Celeron N3160/N3060 processors, the latest generation of processors to support Windows 7, the MXE-1500 is able to power upgrades of existing control systems, while maintaining compatibility with existing software, benefiting a wide variety of operating environments.For industrial applications with limited space that still demand rich I/O connectivity, the MXE-1500 Series’ compact footprint offers flexible configuration that dramatically simplifies deployment. Standard interfaces include four COM ports, three LAN ports, six USB (two 3.0 and four 2.0), and one internal USB 2.0 dongle. Users can flexibly choose LVDS or DP ports, and expand up to six COM ports, select optional amplifier, or add TPM2.0 according to specific requirements. This market-leading flexibility fully serves the needs of diverse industrial applications such as factory, machine, and logistics automation, enroute information systems, station gate controls, ticket vending machines, and many others. The MXE-1500 can further be quickly configured with isolated modular DC power supply to satisfy application requirements for maritime computers.Based on the Intel Celeron N3160/ N3060 processor, the MXE-1500 series can support three independent displays. In addition, the graphic performance of quad core N3160 SoC processor has increased by 90% compared to the previous generation Intel Atom E3845 processor and the computing power has increased by 20%. As for mass transit operators, the MXE-1500 is definitely the ideal choice offering great performance at value price.Share this:TwitterFacebookLinkedInMoreRedditTumblrPinterestWhatsAppSkypePocketTelegram Tags: Boards & Modules Continue Reading Previous ST: single-chip three-phase and three-sense BLDC driverNext Kontron: COM Express Type 6 module with 8th Gen Intel Core/ Xeon E processorslast_img read more

TFA honours greats of the game

first_imgTouch Football Australia has honoured three of the most significant players to ever take part in the National Touch League by naming the Tony Eltakchi, Mark Boland and Angela Barr commemorative shields. For more information visit the NTL websitelast_img