Thousands in Haiti provide escort for Aristide

first_imgThousands of Haitians turn out to support Aristide.Photo: ErzilidantoHaiti’s judicial police headquarters had banned demonstrations in support of former President Jean-Bertrand Aristide. So, on May 8, tens of thousands of Haitians marched alongside Aristide’s motorcade after he gave testimony in the courthouse in Port-au-Prince, the country’s capital. They escorted him home.Aristide provided testimony about Jean Dominique, a popular journalist who was assassinated in 2000 between Aristide’s two presidential terms. Dominique’s murder has never been solved.Aristide took five hours to get home, passing through downtown Port-au-Prince, the Champ de Mars, the hillside slum of Belair, Delmas 2, and then alongside the old military airport and past the international airport — some of the poorest neighborhoods in the capital.The crowd swelled as the procession continued and people chanted, sang and waved posters. A popular slogan was, “The more they prosecute you, the more we support you!”Aristide got out of his car three times to wave to the crowd, causing people to surround his car, and then give him hugs and high-fives.In a Haïti-Libertè editorial on May 8, Berthony Dupont writes, “This immense mobilization has reinforced the determination of the Haitian people to dismantle the machinations of this [Michel Martelly] regime.”The Associated Press on May 8 comments, “Aristide’s supporters have wondered if there are political motivations behind the revived [Dominique] case.” AP then speculates, “an open case against Aristide … could make it difficult” for his party, Fanmi Lavalas, to run candidates in elections that the U.S. ambassador has announced will take place later this year.Fanmi Lavalas is so immensely popular that the only way the Haitian bourgeoisie has managed to keep the party from winning elections is by keeping it off the ballot.These elections will take place, even though Haiti has been under military occupation by Minustah, the United Nation’s so-called Stabilization Mission in Haiti, since it took over from the U.S., French and Canadian armies in 2004. It is not a cheap operation.Minustah currently has 6,681 soldiers and 2,676 police agents stationed in Haiti; its budget is $677 million for the 2012-2013 fiscal year. During the nine years the U.N. has run this operation, the organization has spent more than $7 billion on it.Popular anger has been growing against the U.N.’s occupation, especially since it became clear that Minustah’s troops introduced cholera into Haiti. Since most Haitians have no access to potable water or public sanitation, the cholera epidemic has cost more than 8,500 lives and sickened more than half a million people.While the big business media’s coverage about the devastating earthquake that destroyed much of Port-au-Prince on Jan. 12, 2010, has faded, more than 300,000 families are still living in tattered tents and under ripped tarps. The streets have been cleared of debris, but that’s about it.Homes, stores, schools and hospitals are still housed in temporary facilities and rubble is still piled high. According to the Office of the Special Envoy to Haiti to the U.N., only half of the donations promised in 2010 have been delivered, and much of this money has been spent in the countries which “donated” it, says Le Monde Diplomatique’s May issue.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

RSF calls for release of three Palestinian journalists

first_imgNews Receive email alerts May 28, 2021 Find out more RSF_en Follow the news on Israel June 3, 2021 Find out more IsraelMiddle East – North Africa News Help by sharing this information Reporters Without Borders (Reporters sans frontières – RSF) called today on Israeli army chief Gen. Shaul Moffaz to release three Arab journalists held by the army for more than a week.RSF secretary-general Robert Ménard said the three – Ahmed Assi, of the London-based Arab TV station ANN (see the picture), Ashraf Farraj (chief editor) and Jalal Hameid (journalist) of the privately-owned Bethlehem TV station Al Rouah, had apparently just being “doing their job as journalists.” He noted in a letter to Gen. Moffaz that no explanation had been given for their detention and that RSF was especially concerned because it was not known where Assi was being held.After a fact-finding mission to Israel from 5 to 7 April, RSF said it had counted about 40 cases of obstruction of press freedom by journalists being wounded, arrested, expelled or threatened since the start of the Israeli occupation of Palestinian towns and cities. It accused the Israeli army of having “a deliberate policy of intimidating journalists.”  Atta Iweisat, a photographer working for the Israeli daily Yediot Aharonot and the Gamma photo agency (see the picture), was arrested in Ramallah on the morning of 2 April while in the company of foreign journalists. He was forced to kneel handcuffed in pouring rain in the middle of the street, and noticed Assi, also kneeling and handcuffed, a few metres away with some other arrested people. The prisoners were then blindfolded and taken to the Beitunia detention centre, near Ramallah, where they were interrogated. Iweisat was freed at around 4 pm. He did not know what happened to Assi.Farraj and Hameid were arrested by the Israeli army at the press centre in Bethlehem on 3 April with several other journalists. According to Hamdi Farraj, head of Al-Rouah TV, Israeli soldiers destroyed equipment and confiscated film cassettes and portable phones. The other journalists were freed soon afterwards, but Farraj and Hameid were taken to the Beitunia centre where hundreds of Palestinians are reportedly being held.Since the start of the current Israeli offensive, the Israeli army has arrested several Palestinian journalists. Some have been humiliated, while others have been threatened or had their equipment confiscated. Israeli soldiers have also occupied the offices of several local and Arab TV stations. Four Israeli soldiers broke into the offices of Abu Dhabi TV and Nile TV in Ramallah on 8 April by breaking down the door. Asef Hmaidi, Abu Dhabi TV’s correspondent in the city, said the soldiers ordered the journalists to lie on the floor. “They damaged everything, the desks, doors, chairs, they checked everything and then, they took the mobile phone from us” he said. News April 12, 2002 – Updated on January 20, 2016 RSF calls for release of three Palestinian journalists Three Palestinian journalists are still being held by the Israeli army after more than a week.  Meanwhile, Palestinian and Arab media have been the targets of many acts of violence. to go further Organisation WhatsApp blocks accounts of at least seven Gaza Strip journalists News IsraelMiddle East – North Africa RSF asks ICC prosecutor to say whether Israeli airstrikes on media in Gaza constitute war crimes Israel now holding 13 Palestinian journalists May 16, 2021 Find out morelast_img read more

Editor of Fiji Daily Post arrested

first_img Reporters Without Borders has condemned the arrest and moves to deport the editor-in-chief of the Fiji Daily Post, Australian national Robert Wolfgramm. Members of the military turned up at the office where he has worked for the past ten months, and arrested him on 14 December. His passport was confiscated. The Fiji Daily Post, which suspended publication after the coup earlier this month, was scheduled to continue appearing normally. Elsewhere the family of Fiji Daily Post reporter Jyoti Pratibha were threatened on 13 December by soldiers who appeared to be searching for the daily’s general manager, Mesake Koroi.———————————————-13.12.2006The Army threatens its criticsEvidence of abuse of freedom of expression is mounting in Fiji after the coup there. Several people have been summoned, questioned or arrested by the military for having criticised the new regime. Businessman and former journalist, Imraz Iqbal, was questioned by soldiers after writing an article in the magazine Fiji Living. At least two people who write regularly to the letters editor of the Fiji Times have also received threats. The trade unionist Kenneth Zinck was arrested by soldiers on 6 December for having publicly criticised Commodore Frank Bainimarama. Soldiers forced him to run late at night at a sports field in Nabua, in the Suva suburbs before giving him a long lecture.——————————————-08.12.2006Media given guarantees by militaryAlthough the new prime minister, Dr. Jona Senilagakali, has publicly played down the need for a return to democracy, the news media have been assured they will not be subject to prior censorship. The Fiji Times resumed publishing yesterday while national television resumed broadcasting its news programme last night.Commodore Frank Bainimarama, the leader of the military coup, yesterday said: “We have withdrawn our soldiers from the media. We did not totally censor the press. But we wanted to prevent people from exploiting the situation to incite people to disturb the peace that is currently prevailing.”This significant development in the military’s policy towards the media followed a meeting yesterday between the Media Council, newspaper publishers and the military high command.Soldiers today searched the premises of the telecommunications company Pacifix Connew in Suva. The reasons for the raid were not known.————————————————05.12.2006Press freedom falls victim to military coupReporters Without Borders condemned the undisguised hostility of Fiji’s armed forces to press freedom and the privately-owned media after they staged a coup today. At least two newspapers have stopped publishing, the state-owned broadcast media have suspended their news programmes and foreign journalists have been prevented from covering some events.“This military overthrow of an elected government immediately revealed its true nature – a repressive return to the past,” the organisation said. “It is regrettable that the international community failed to head off this attack on democracy and press freedom, as everyone could see it coming. The United Nations, the European Union and countries in the region must move quickly to obtain the restoration of freedoms, including that of the media.”Reporters Without Borders intended to ask the Europe Union to suspend a cooperation accord signed with Fiji in 2000 as part of the ACP-EU framework.The military had been threatening to topple the elected government for weeks, accusing it of corruption and ruining the country. Declaring himself the new head of state, Commodore Frank Bainimarama announced in a televised address at 6 p.m. today (local time) that the military had taken over the government and suspended some of the articles of the constitution. The Fiji Media Council had condemned the coup plans yesterday, calling them a violation of the constitution and a “shame for the country.”Fiji’s public television announced the suspension of its news programmes a few hours after Bainimarama’s takeover. The station said, “Fiji Television’s news service will not resume until it can be independent and free of censorship.” The two privately-owned radio networks, Radio Fiji and Communications Fiji, also received visits from the military, which imposed prior censorship on them. Soldiers are reportedly still posted outside their offices.The main daily newspaper, the Fiji Times, suspended publication today after being threatened by the military with censorship. An article on its website (www.fijitimes.com) said armed soldiers came to the newspaper and asked it not to publish any “hostile propaganda” about the new military government. Managing director Tony Yianni tried to defend the newspaper’s right to editorial independence but then decided to stop publishing for the time being because of the military’s hostility. The Flash d’Océanie news agency quoted editor Samisoni Kakaivalu as saying: “This is not journalism any more, this is propaganda.”The Fiji Daily Post suspended publication yesterday after being warned by the military not to continue supporting Prime Minister Laisenia Qarase. Journalists abandoned the newspaper’s offices in the capital, Suva, and the managing editor went into hiding. Bainimarama’s open criticism of the newspaper were followed by threatening phone calls. The newspaper was reportedly warned last month that it would be the first to fall in the event of a military coup.The Fiji Daily Post supports Qarase’s party, the SDL, and has always maintained that Qarase is constitutionally elected and has a popular mandate.Soldiers meanwhile today prevented foreign journalists in Suva from approaching the home of the deposed prime minister, who has been placed under house arrest. June 2, 2021 Find out more RSF_en Pakistani TV anchor censored after denouncing violence against journalists News Receive email alerts News Asia – Pacific Help by sharing this information Follow the news on Asia – Pacific News June 7, 2021 Find out more December 14, 2006 – Updated on January 20, 2016 Editor of Fiji Daily Post arrested Asia – Pacific Although the new prime minister, Dr. Jona Senilagakali, has publicly played down the need for a return to democracy, the news media have been assured they will not be subject to prior censorship. The Fiji Times resumed publishing yesterday while national television resumed broadcasting its news programme last night. June 2, 2021 Find out more Mongolia : RSF urges presidential candidates to voice support for press freedom to go further Organisation China: Political commentator sentenced to eight months in prison Newslast_img read more

A Community Unites to Feed 4,000 at Union Station Homeless Services’ Thanksgiving Dinner-in-the-Park

first_imgcenter column 3 A Community Unites to Feed 4,000 at Union Station Homeless Services’ Thanksgiving Dinner-in-the-Park STAFF REPORTS | Photography by SOSA PHOTO Published on Monday, December 2, 2013 | 3:31 pm Make a comment Top of the News Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS More Cool Stuff Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena 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. First Heatwave Expected Next Week Business News faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimescenter_img Community News Your email address will not be published. Required fields are marked * Community News Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Subscribe The weather forecast said rain on Thursday, but that didn’t stop hundreds of volunteers from lining up as early as 8:00 a.m. at Central Park in Pasadena for the opportunity to serve the homeless and hungry a warm Thanksgiving meal.In the end, not a single drop of rain fell on the 800 volunteers of all ages who–decked out in hair nets, aprons and plastic gloves–ladled turkey, stuffing, green bean casserole, mashed potatoes with gravy, and pie under a clear blue sky.The event, organized by Union Station Homeless Services, was the 41st year of dinners-in-the-park. It began in 1972 when a group of volunteers from Pasadena’s All Saints Church organized the first dinner, and came together to form the earliest incarnation of Union Station Homeless Services. Since then, the dinner has been held every year at Christmas and Thanksgiving as an expression of compassion and care for those who otherwise might not see such holiday fare. No one is turned away, and 4,000 diners heeded the call to enjoy the meal this year.Pasadena Mayor Bill Bogaard and the Reverend Dr. Mark Smurty of Pasadena Presbyterian Church joined Marv Gross, CEO of Union Station Homeless Services, at the microphone to say a few words before the noonday meal, and a special announcement from Bank of America added to the communal mood.Bank of America announced a $200,000 grant to Union Station Homeless Services as part of its Neighborhood Builders Program.Despite a new prohibition from the City of Pasadena Health Department on accepting home-cooked food donations at the event, everyone left the park with a full stomach and–more importantly–a full heart.“Union Station Homeless Services’ 41st Annual Thanksgiving Dinner-in-the-Park was a huge success,” said Gross. “We are so grateful to the many volunteers who brought caring, warmth and the true spirit of community to Central Park. Their efforts provided over 4,000 Thanksgiving meals plus 500 to-go packages to homeless and low-income individuals and families. It was a truly inspirational day!”About Union Station Homeless ServicesUnion Station Homeless Services, now in its 40th year, is the San Gabriel Valley’s largest social service agency assisting homeless and very low-income adults and families. Union Station Homeless Services mission is to help men, women and children rebuild their lives and end homelessness. Union Station provides comprehensive, community-based programs to help homeless people achieve self-sufficiency, including intake and assessm­­­­­ent, emergency shelter, case management, career counseling, transitional housing, medical and mental health services, women’s and family services, and housing resources.For more information, visit unionstationhs.org. Name (required)  Mail (required) (not be published)  Website  HerbeautyRobert Irwin Recreates His Father’s Iconic PhotosHerbeautyHerbeautyHerbeauty8 Celebrities People Don’t Love AnymoreHerbeautyHerbeautyHerbeautyIs It Bad To Give Your Boyfriend An Ultimatum?HerbeautyHerbeautyHerbeautyWant To Seriously Cut On Sugar? You Need To Know A Few TricksHerbeautyHerbeautyHerbeauty10 Of The Most Notorious Female Spies In HistoryHerbeautyHerbeautyHerbeauty12 Female Fashion Trends That Guys Can’t StandHerbeautyHerbeauty 17 recommended0 commentsShareShareTweetSharePin it last_img read more

Pensioner should abandon criminal career

first_imgAdvertisement A PENSIONER who stole €20 from a woman’s handbag in a hospital waiting area has been described as a “career criminal” who committed a “very low and mean offence”. Judge Eugene O’Kelly said that 67-year-old Anthony Goodman should see “fit for a career change” when he is released from prison next year. Garda Sergeant Donal Cronin told Limerick District Court that when gardai responded to a report of a theft at St John’s Hospital on February 1 last, the accused man was observed on CCTV footage taking a purse from a woman’s handbag as she sat in the patient waiting area of the hospital. Sign up for the weekly Limerick Post newsletter Sign Up The purse was later found near the adjoining church and Mr Goodman had taken the €20 cash from it. He was arrested a short distance from the hospital.The defendant, with an address in Cork city,  had 164 previous convictions and the majority of offences related to thefts and burglaries spanning a lengthy period. He was currently serving a three-month sentence handed down at Cork District Court for theft, burglary and public order offences.Defending solicitor Sarah Ryan said her client was a widow and father of two adult children although contact with them had been strained while in prison.Mr Goodman was awaiting an appointment at the hospital and took advantage of the situation with an opportunistic theft which was particularly “low and mean”.Ms Ryan added that “he didn’t have any money, he saw it and he took it”. She said her client, who was on free legal aid, could not not pay back the €20 to the injured party as he was in prison.Judge O’Kelly said that it was “indeed a low and mean offence and one that may have been committed against a vulnerable lady”. Mr Goodman, who said he wanted to re-engage with his children upon release from prison, should now “see fit for a career change as he is currently a career criminal”.The defendant was sentenced to two months in prison with the sentence to commence on expiration of his current sentence on February 14 next . WhatsApp Print Linkedin Previous articleSaracens are coming to townNext articleCounting the cost of arrest warrants admincenter_img Email Facebook Twitter NewsLocal NewsPensioner should abandon criminal careerBy admin – December 6, 2012 543 last_img read more

NFL Veteran, Marques Ogden, Joins Forces With an Army Veteran and Grind Oral Care…

first_img Twitter Local NewsBusiness By Digital AIM Web Support – February 9, 2021 SALT LAKE CITY–(BUSINESS WIRE)–Feb 9, 2021– Former NFL offensive linemen, Marques Ogden, officially joins Grind Oral Care as a co-owner. Marques is now in the trenches combating oral care problems! Marques blocked for the Tennessee Titans, Buffalo Bills, Baltimore Ravens, and the Jacksonville Jaguars during his 5-year NFL career. In 2007, Marques launched a construction company, which quickly grew into a multi-million-dollar firm. In 2013, he lost everything, including $2 million in 90 days, due to a bad business deal. However, Marques changed course and persevered against all odds. He rebounded and became an inspirational speaker and executive coach to help others succeed where he had failed. His resilience epitomizes “ The Grind ” never quit culture, making him an invaluable asset to Team Grind. Today, Marques is on Offense, leading marketing efforts as Grind begins a grassroots effort to compete with the Toothpaste Giants. As a former athlete, Marques wants to win; and with his ambition and drive, Grind is ready to compete. He joins forces with U.S Army Special Operations Veteran, Roger Gindlesperger Jr to turn boring commodities into inspirational, game changing products, while helping Veterans. Grind is a new lifestyle toothpaste brand poised to shake things up with innovative products. The first being Grind Toothpaste. A revolutionary charcoal-based toothpaste that whitens and strengthens! Going a step further, Grind differs from all other “fluoride-free” toothpastes by trading fluoride for not one, but two natural alternatives that are backed by real science. The Grind has commenced. Rise. Grind. Repeat. About Grind Oral Care LLC Grind Oral Care is dedicated to creating safe, natural, great tasting and extremely effective oral care products designed to combat oral care problems. Extraordinary products backed by science to deliver results, while inspiring others to get after it, grind and never quit. Facebook/Twitter/Instagram/TikTok: @grindoralcare View source version on businesswire.com:https://www.businesswire.com/news/home/20210209005993/en/ CONTACT: Roger L Gindlesperger Jr Grind Oral Care LLC 360-951-3260 [email protected] KEYWORD: UNITED STATES NORTH AMERICA UTAH INDUSTRY KEYWORD: WOMEN DISCOUNT/VARIETY DEPARTMENT STORES SPORTS MEN OTHER RETAIL FAMILY SUPERMARKET SPECIALTY CONSUMER GENERAL SPORTS RETAIL TEENS DENTAL CONVENIENCE STORE FOOTBALL HOME GOODS HEALTH OTHER CONSUMER ONLINE RETAIL SOURCE: Grind Oral Care Copyright Business Wire 2021. PUB: 02/09/2021 12:19 PM/DISC: 02/09/2021 12:19 PM http://www.businesswire.com/news/home/20210209005993/en WhatsApp Twitter NFL Veteran, Marques Ogden, Joins Forces With an Army Veteran and Grind Oral Care to Launch a Game-Changing Toothpaste Pinterestcenter_img WhatsApp Previous articleAffidavit: video surveillance shows fatal shootingNext articleOAT021021_Fog_wildart_jf_04.jpg Digital AIM Web Support Facebook Facebook TAGS  Pinterestlast_img read more

eQHealth Solutions Announces Appointment of General Counsel

first_img eQHealth Solutions Announces Appointment of General Counsel Brooke Duncan III, General Counsel, eQHealth Solutions Pinterest Facebook Twitter TAGS  WhatsApp Previous articleSaladax Biomedical Announces Health Canada Approval of Five MyCare™ Psychiatry Laboratory Diagnostic AssayNext articleHospitals still ration medical N95 masks as stockpiles swell Digital AIM Web Supportcenter_img Pinterest Twitter Facebook Local NewsBusiness WhatsApp By Digital AIM Web Support – February 16, 2021 last_img read more

More meetings called as NoWDOC continues to “live test” proposed changes

first_img Google+ Facebook Facebook By admin – August 5, 2015 Twitter RELATED ARTICLESMORE FROM AUTHOR Calls for maternity restrictions to be lifted at LUH WhatsApp Homepage BannerNews Google+ Three factors driving Donegal housing market – Robinson Pinterestcenter_img GAA decision not sitting well with Donegal – Mick McGrath Nine Til Noon Show – Listen back to Wednesday’s Programme Previous articlePeter O’Donnell’s Team Ireland depart for Euro ChampionshipsNext articleDelay prompts renewed call for an ambulance to be based in Castlederg admin A public meeting will be held in Simpsons, Carndonagh tomorrow night at 8 pm to discuss the implications and effects of the proposed scaling back of the NowDOC service in Inishowen.A proposal to end the “red eye” service between 12pm to 8am in Carndonagh and Derrybeg and replace them with an extra doctor and driver in Letterkenny is currently being tested by the HSE, but there is concern in both Inishowen and West Donegal.Local Councillor Albert Doherty outlines what will be addressed at the Carndonagh meeting……….Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/08/albweds.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.Meanwhile another public meeting is taking place tomorrow night at 7pm in Ionad Templecron in Dungloe.Councillor Micheal Cholm Mac Giolla Easbuig hopes that both meetings will promote a good turn out for the planned protest in Letterkenny on Friday………..Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/08/michweds.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Twitter WhatsApp Pinterest Guidelines for reopening of hospitality sector published LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton More meetings called as NoWDOC continues to “live test” proposed changeslast_img read more

Agencies: reaching a common standard?

Related posts:No related photos. Agencies: reaching a common standard?On 1 Mar 2001 in Personnel Today Comments are closed. Previous Article Next Article In the 100 years that the recruitment industry has existed in the UK, it hasenhanced the flexibility of the UK labour market, particularly in relation tothe provision of temporary and contract staff. Now, says Frank Morton theGovernment is planning to bring in new regulations covering the industryThe existing regulatory framework for the recruitment industry ispredominately set out in the Employment Agencies Act 1973 and the Conduct ofEmployment Agencies and Employment Businesses Regulations 1976 (the ConductRegulations). The Government considers that the existing legislation is out of date anddraft regulations are being introduced to modernise it to ensure proper conductof those in the industry, improve protection for both work-seekers and hirers,and promote greater competition and flexibility in the labour market. A final draft proposal known as “the Conduct of Employment Agencies andEmployment Businesses Regulations 2001” was released in January 2001. Thefive main objectives of the draft legislation are transparency, accountability,targeting, consistency and proportionality. Simplification of existing provisions The Conduct Regulations deal with employment agencies and employmentbusinesses separately. The recruitment industry is often unclear as to thedifference between the two types of enterprise. In some cases they haveoperated partly as one and partly as another and so different regulations havebeen applied at different times. A recruitment firm may have contracted withthe work-seeker on the basis that they will act as an employment agency in somesituations and as an employment business in others. The Government is seekingto introduce common standards for both types of enterprise. The Government is also concerned that the existing Conduct Regulations areambiguous, for example, regarding the extent to which an agency or employmentbusiness should check a work-seeker’s credentials. Also, the existinglegislation allows the agencies and employment businesses to apply different standardsto foreign and domestic work-seekers and temporary and permanent staff. Clarity of contractual terms Confusion has also arisen regarding the extent to which the ConductRegulations requires agencies and employment businesses to take action before,or upon, entering a contract. The Government recognises that it may bedifficult to determine when the contract comes into existence, so the draftregulations will clarify the situation and should allow work-seekers and hirersto approach different agencies and employment businesses to establish the bestterms. More competitive labour market In the past the industry has attempted to restrict work seekers from takingup employment with the hirer, either by imposing transfer fees on the hirer orrestrictions on the work-seekers. This is of particular concern where it isunder no obligation to provide the work-seeker with work. Conduct Regulationshave always prohibited employment businesses from imposing conditions whichdeter the work-seeker from taking up employment with the hirer. However, thereis no corresponding prohibition on employment agencies. The new regulations will extend this prohibition to employment agencies andbroaden it to include any term designed to deter the work-seeker from terminatingthe contract or taking up employment with any other person. It is not clearwhether this extends to indirect restrictions. Would a restriction on apersonal service company prohibiting its employee taking up employment with thehirer be unlawful under the draft regulations? Little guidance has been issuedon this point, save that the DTI has indicated that such clauses would goagainst the aim of the new regulations, that is, to improve labour marketflexibility. Charges to work-seekers In the past, the recruitment industry has found loopholes enabling it toexploit both the hirer and work-seekers. Practices have arisen where thework-seeker will only be paid in full on the condition that he buys servicesfrom third parties connected to the agency or employment business. The draftregulations seek to curb such practices. Changes affecting temporary workers The draft regulations suggest that the supply of temporary workers shouldusually be provided through an employment business rather than an agency. Typically,the recruitment industry has been reluctant to use the employment business fortemporary workers as there are tax advantages in acting as an agency. An agencycan also pass employment law obligations to the hirer. The most debated part of the draft regulations has been in relation to thepayment of fees, when a temporary worker is offered a permanent position withthe hirer. To protect its commercial interests, the recruitment industry hasestablished the practice of charging transfer fees. The Government considersthat the transfer from temporary to permanent worker is attractive for both theworker and the hirer, yet the effect of transfer fees is to deter hirers fromtaking on temporary workers. Transfer fees will only now be enforceable where the contract offers thehirer the alternative of notifying the employment business of its intention tohire the worker. The hirer could then elect whether to pay the transfer fee orhire the work-seeker for a further period (“the specified hire period”)either on the original terms of the contract, or terms no less favourable forthe hirer. The employment business will then be guaranteed further income fromhire or the transfer fee, protecting its business interests but preserving theflexibility of the labour market. Another area of concern is where the hirer takes on the work-seeker within acertain period following the hire, and the employment business insists thatfurther fees will be payable. This creates a quarantine period during which thehirer is deterred from taking on the temp. Although this restricts the labourmarket. If employment businesses were not afforded this protection, they wouldbe less inclined to pursue placements for temporary workers. The regulations permit quarantine periods, but limit duration. Quarantineperiod will be the longer of eight weeks from the day after the last day ofhire, or 14 weeks from the day on which the worker first worked for the hirerduring their latest supply by the employment business. Where the hirer introduces the worker to another company or the workerbegins further work with the hirer pursuant to an introduction by anotheremployment business, the quarantine period will be four weeks. The practical effect is as follows. – The hirer gives notice to the employment business that he intends to takeon the work-seeker. He opts to take the specified hire period rather pay thetransfer fee. A transfer fee would still become payable if the work-seekerbecomes employed by the hirer before the end of the specified hire period. – If the hirer does not give notice to the employment business and takes thework-seeker on immediately, or if he gives notice but does not opt for theextended notice period, then a transfer fee will be payable, unless the hirercan show that the work-seeker has not been hired by it during the quarantineperiod. If the hirer wants to take on a temporary worker and does not want to payeither a transfer fee or opt for the specified hire period he would have toshow that the work-seeker had not been hired to him during the quarantineperiod. The hirer could offer the work-seeker a permanent contract commencingafter the quarantine period. However, he may need to offer the work-seeker anincentive to remain out of the labour market for that time. This situation will inevitably give rise to disputes regarding awork-seeker’s employment status. The hirer will argue that the work-seeker hasnot been employed or trained during this period. If the work-seeker continuesto attend meetings at the hirer’s premise, or, say, retains his locker there,then the employment business will argue that he has continued to be employed. When the regulations come into force The Government has invited further comments on the proposed draftregulations by Friday 16 March 2001. Subject to parliamentary approval, it isanticipated that the new regulations will be implemented in summer 2001. Frank Morton is an associate at Osborne Clarke Sectors of the private recruitment industryThe private recruitment industry can be divided into four sectors. – Those who supply clients with permanent staff, such as head hunters oroutplacement consultants (employment agencies).– Those who provide temporary staff or contract workers (employmentbusinesses). – Entertainment agents who represent actors or models. – Those whose sole activity is the provision of job vacancy information innewspapers or on Websites. read more

Q&A

first_img Previous Article Next Article Q&AOn 2 Oct 2001 in Personnel Today Legal questions and answersQ  We have a close sales team, whowork under pressure to demanding targets. There is a lot of “banter”and jokes against individuals which has always been part of their working lifeand has never been objected to by any of the team. A Welsh individual has joinedthe sales team and finds this unacceptable and has raised complaints aboutjokes which have been made because he is Welsh. We are considering terminatinghis contract as he does not seem able to work in this environment. Are we ableto do so? A  Practically there isnothing to stop you dismissing him but you should be aware of certain risks ifyou do. This individual has raised grievances which you are under a duty toinvestigate fully. The banter he is subjected to during his working life is causinghim distress and is capable of amounting to racial harassment, on the groundsthat he is being subjected to jokes which otherwise he would not have to faceon the basis that he is Welsh. The Welsh are a nationality within the meaning of race discriminationlegislation and can therefore be protected against harassment. As with allcases of harassment under discrimination law it is not the motive of the peoplemaking the comments that is the guiding factor, but their subjective effect onthe individual. Dismissal in these circumstances without a full investigation and seeking toremedy the behaviour complained about would leave the individual able to claimthat his dismissal was linked to his nationality and may found the basis of arace discrimination claim against you, in addition to potential wrongful and(in cases where the employee has one or more years’ service with the company)unfair dismissal claims. Equally, where you have received complaints of thisnature and you fail to act, should he resign, he may then be able to claimconstructive unfair dismissal as well as wrongful dismissal and racediscrimination. Q We have reason to believe that an employee has been accessingpornography on the Internet during office hours. Do we have justifiable groundsto sack him? A  Not necessarily. You shouldalways carry out a proper investigation and procedure, even if you consider theactions of the employee amount to gross misconduct warranting their instantdismissal. First, you need to consider what evidence you have that the employee hasbeen accessing pornography. Have you been told by other employees? Can youobtain statements from them? You may want to access his computer but you should consider first whetheryou have a communications policy that lets you do this. Remember thatgenerally, an employer does not have an “automatic” right to accessor monitor an employee’s e-mails or Internet use without consent. If you do not have a policy then, provided the allegations are serious, youwould probably be justified in checking which sites the employee was accessing.You should also check whether it has been made clear to staff that they shouldnot access certain sites. One important point to consider is what the employee has actually beenaccessing. The adage, “One man’s porn is another man’s page three” istrue in cases such as these and, ultimately, it is a subjective decision whichthe company must make. You should always ensure that a proper procedure is carried out, and thatthe employee is given an opportunity to respond to the allegations. Compiled by the legal team at Olswang, www.Olswang.com Comments are closed. Related posts:No related photos.last_img read more