[mage lang="" source="flickr"]employment law degree london[/mage] I'm 29 and about to graduate with a 2:2 law degree from Birkbeck, University of London...?
I'm a bit disappointed.
I am working almost full time - 2 half days as a nanny, and 3 days as an admin at a charity organisation (with no employment contract even though I've been there now for 2 years). I had billion problems at home with my hubbie and trying to fit in the evening LLB course wasn't easy. I only achieved a 2:2... I did not really have time to apply for training contracts or do summer placements. I assume my application won't even be looked at now when I am a graduate with lower second class degree and no law experience...
I speak a couple of foreign languages - Turkish, Bulgarian and some informal Russian. My only office experience is at this charity org. I do have a degree in Turkish Philology (obtained in Bulgaria). I am experienced with children but am not excited about a job in child care.
Where do I go from here is the question, I guess...
I'd have you first try to get a job with a law firm or organization who deals with legal matters, and which does work with peoples from the regions in which you speak the language. They'd be most likely to value your entire set of skills. So, for example - a UK governmental or non-governmental organization that deals with immigrant issues, a law firm who deals with immigration, etc.
Use the career resources available to you via Birkbeck, and the rest of the University of London.
Make sure your old professors know you're looking.
In my opinion, it's not your 2.2 that's your main issue. It's the lack of training/work placements. Did they not speak to you about the importance of that in your field? To try to make up for that being missing, see if you can do some volunteer work related to the law, for a charitable organization. This counts as work experience. I know you're an admin for a charity now - time to move beyond that, either with your current org or elsewhere.
Continue looking for a job in law, and add that charity legal experience to your CV as soon as you start it. It's going to help you re: employment.
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Paul Facinelli sought to expose a wrongful conviction. It cost him his career. Toronto Police hit cyclist from behind, wrongfully arrest him in order to protect themselves Pt 1
Where could I find free lawyers in chicago? for employment.?
Is there any website or an ad out there? I never got paid on my last check on a company who went out of business. Please any one help.
There's no such thing as a free lawyer.
You can get legal aid by calling Prairie State Legal Services. They will refer you to a lawyer that works with sliding scale fees.
Also, call the Board of Labor and put in a complaint about not receiving any pay. They may be able to help you as well.
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Military Robots And Unmanned Vehicles Market Shares, Strategies, And Forecasts, Worldwide, 2010 To 2016-Aarkstore Enterprise
LEXINGTON, Massachusetts (January 22, 2010) Announces that it has a new study on Military Ground Robots and unmanned vehicles. The 2010 study has 513 pages, 190 tables and figures. Worldwide markets are poised to achieve significant growth as the military ground robots and unmanned vehicles are used globally. Growth comes as the nature of combat changes in every region while the globally integrated enterprise replaces nationalistic dominance.
Military robot automation of the defense process is the next wave of military evolution. As automated systems and networking complement the Internet , communication is facilitated on a global basis. The military charter is shifting to providing protection against terrorists and people seek to maintain a safe, mobile, independent lifestyle. Much of the military mission is moving to adopt a police force training mission, seeking to achieve protection of civilian populations on a worldwide basis.
According to Susan Eustis, the lead author of the study, ¡°the purchase of Military Robots s is dependent on budget constraints. The use of Military Robots s is based on providing a robot that is less expensive to put in the field than a trained soldier. That automation of process has appeal to those who run the military.
Robots are automating military ground systems, permitting vital protection of soldiers and people in the field, creating the possibility of reduced fatalities. Mobile robotics operate independently of the operator.
The innovation coming from all the vendors is astounding. No one innovation is more significant than another. One vendor, BAE Systems has an ant size robot useful for reconnaissance and networking robots in development. As soldiers take up secure positions behind a wall, they deploy a small reconnaissance team. The initial deployment is poised to be a very, very small reconnaissance team. Some hopping, some flying, the stealthy autonomous reconnaissance squad vanishes into a suspicious building for several minutes, then relays the all-clear back to its partners outside when that is the case.
What is good for a robotic unmanned ground vehicle is also good for an ummanned vehicle. Multiple technological, logistical, political and market forces share a quantum singularity that has brought mobile robotics to the point where robots are useful to every arm of the military services. This is a phenomenon that will have a major impact on the way we run the military and police societies.
Use of remote-control toys in Iraq started as improvised robots to check out possible roadside bombs. There has since been a flurry of activity on the robotic explosive ordnance disposal (EOD) front since that early beginning. Deliveries of smaller and cheaper Bots are anticipated.
The emergence of a market for intelligent, mobile robots for use in the field and the confined areas of city fighting presents many opportunities. Units used in public spaces and on the battlefield create a better, more flexible, more cost efficient military.
Technology is used to actuate the disparate robot types. Core robotics research and advances in robotic technology can be applied across a variety of robotic form factors and robotic functionality. Advances feed on and off of each other. With each new round of innovation, a type of technological cross pollination occurs that improves existing robotic platforms and opens up other avenues where intelligent mobile robots can be employed, effectively creating new markets.
Roboticists are more advanced in their training and in the tools available to create units. Military robots have evolved from units used in the field to manage different situations that arise. Robots save lives..
Military ground robot market forecast analysis indicates that vendor strategy is to pursue developing new applications that leverage leading edge technology. Robot solutions are achieved by leveraging the ability to innovate, to bring products to market quickly. Military purchasing authorities seek to reduce costs through design and outsourcing. Vendor capabilities depend on the ability to commercialize the results of research in order to fund further research. Government funded research is evolving some more ground robot capability.
Markets at $831 million in 2009 are anticipated to reach $9.7 billion by 2016.
Report Methodology
This is the 428th report in a series of primary market research reports that provide forecasts in communications, telecommunications, the Internet, computer, software, telephone equipment, health equipment, and energy. Automated process and significant growth potential are a priorities in topic selection. The project leaders take direct responsibility for writing and preparing each report. They have significant experience preparing industry studies. Forecasts are based on primary research and proprietary data bases.
The primary research is conducted by talking to customers, distributors and companies. The survey data is not enough to make accurate assessment of market size, so it looks at the value of shipments and the average price to achieve market assessments. Our track record in achieving accuracy is unsurpassed in the industry. We are known for being able to develop accurate market shares and projections. This is our specialty.
The analyst process is concentrated on getting good market numbers. This process involves looking at the markets from several different perspectives, including vendor shipments. The interview process is an essential aspect as well. We do have a lot of granular analysis of the different shipments by vendor in the study and addenda prepared after the study was published if that is appropriate.
Forecasts reflect analysis of the market trends in the segment and related segments. Unit and dollar shipments are analyzed through consideration of dollar volume of each market participant in the segment. Installed base analysis and unit analysis is based on interviews and an information search. Market share analysis includes conversations with key customers of products, industry segment leaders, marketing directors, distributors, leading market participants, opinion leaders, and companies seeking to develop measurable market share.
Over 200 in depth interviews are conducted for each report with a broad range of key participants and industry leaders in the market segment. We establish accurate market forecasts based on economic and market conditions as a base. Use input/output ratios, flow charts, and other economic methods to quantify data. Use in-house analysts who meet stringent quality standards. Interviewing key industry participants, experts and end-users is a central part of the study. Our research includes access to large proprietary databases. Literature search includes analysis of trade publications, government reports, and corporate literature.
Findings and conclusions of this report are based on information gathered from industry sources, including manufacturers, distributors, partners, opinion leaders, and users. Interview data was combined with information gathered through an extensive review of internet and printed sources such as trade publications, trade associations, company literature, and online databases. The projections contained in this report are checked from top down and bottom up analysis to be sure there is congruence from that perspective.
The base year for analysis and projection is 2009. With 2009 and several years prior to that as a baseline, market projections were developed for 2010 through 2016. These projections are based on a combination of a consensus among the opinion leader contacts interviewed combined with understanding of the key market drivers and their impact from a historical and analytical perspective. The analytical methodologies used to generate the market estimates are based on penetration analyses, similar market analyses, and delta calculations to supplement independent and dependent variable analysis. All analyses are displaying selected descriptions of products and services.
This research includes referencde to an ROI model that is part of a series that provides IT systems financial planners access to information that supports analysis of all the numbers that impact management of a product launch or large and complex data center. The methodology used in the models relates to having a sophisticated analytical technique for understanding the impact of workload on processor consumption and cost.
It has looked at the metrics and independent research to develop assumptions that reflect the actual anticipated usage and cost of systems. Comparative analyses reflect the input of these values into models.
The variables and assumptions provided in the market research study and the ROI models are based on extensive experience in providing research to large enterprise organizations and data centers. The ROI models have lists of servers from different manufacturers, Systems z models from IBM, and labor costs by category around the world. This information has been developed from research proprietary data bases constructed as a result of preparing market research studies that address the software, energy, healthcare, telecommunicatons, and hardware businesses.
Table of Contents :
MILITARY GROUND ROBOT EXECUTIVE SUMMARY ES-1 Military Ground Robot Market Driving Forces ES-1 Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization ES-2 Robots Operate Independently ES-2 Military Robots Market Driving Forces 5 Military Ground Robot Market Shares ES-6 BAE Systems Ant Size Robot ES-7 Military Ground Robot Market Forecasts ES-8
1. MILITARY ROBOTS MARKET DESCRIPTION AND MARKET DYNAMICS 1-1 1.1 Delivering Robotic Capabilities to Combat Teams 1-1 1.2 Military Robot Scope 1-2 1.2.1 Military Robot Applications 1-3 1.3 Army's G8 Futures office 1-6 1.3.1 Delivering Capabilities to the Army's Brigade Combat Teams 1-8 1.3.2 Transition Between The Current Market And Where The Market Is Going 1-9 1.3.3 Different Sizes of UGVs 1-10 1.4 Types of Military Robots 1-12 1.4.1 Telerob Explosive Observation Robot and Ordnance Disposal 1-12 1.4.2 QinetiQ North America Talon® Robots Universal Disrupter Mount 1-15 1.4.3 General Dynamics Next-Generation CROWS II Increases Soldiers Safety 1-17 1.4.4 Soldier Unmanned Ground Vehicle from iRobot 1-18 1.5 UGV Enabling Technologies 1-19 1.5.1 Sensor Processing 1-20 1.5.2 Machine Autonomy 1-21 1.6 Military Robot Bandwidth 1-22 1.6.1 UGV Follow-Me Capability 1-22 1.6.2 Communications Bandwidth 1-23 1.6.3 Battery Power 1-23 1.6.4 Combination Of Batteries Linked To Onboard Conventional Diesel 1-24 1.7 SUGVs 1-25 1.7.1 Mid-Size Category UGV 1-25 1.7.2 Large UGV 1-26 1.7.3 U.S. Army Ground Combat Vehicle 1-27 1.7.4 TARDEC 1-28 1.7.5 Tacom 1-29
2. MILITARY GROUND ROBOT MARKET SHARES AND FORECASTS 2-1 2.1 Military Ground Robot Market Driving Forces 2-1 2.1.1 Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization 2-2 2.1.2 Robots Operate Independently 2-2 2.1.3 Military Robots Market Driving Forces 2-5 2.2 Military Ground Robot Market Shares 2-6 2.2.1 General Dynamics Robotic Systems 2-9 2.2.2 Northrop Grumman Remotec Andros 2-10 2.2.3 Northrop Grumman / Remotec 2-10 2.2.4 Northrop Grumman Remotec UK Wheelbarrow Robots 2-12 2.2.5 iRobot Government & Industrial Robots 2-12 2.2.6 QinetiQ / Foster-Miller 2-15 2.2.7 Qinetiq / Foster-Miller TALON EOD robots 2-16 2.2.8 NAVEODTECHDIV Funds QinetiQ Foster-Miller Talon Robots 2-17 2.2.9 Foster-Miller TALON Responder and EOD 2-17 2.2.10 Kongsberg CrowsII Military Robot System 2-18 2.2.11 BAE Systems Ant Size Robot 2-19 2.2.12 Telerob Rapid Response Vehicle 2-20 2.2.13 Boston Dynamics 2-21 2.2.14 Robotic Technology Robot 2-21 2.3 Military and First Responder Robot Market Shares 2-23 2.4 Military Ground Robot Market Forecasts 2-27 2.4.1 Mid Range Military Robot Market Forecasts 2-29 2.4.2 High End Military Robots 2-33 2.4.3 Mid Range Unmanned Vehicle UVV Market Forecasts 2-35 2.4.4 High End Unmanned Vehicle UVV Market Forecasts 2-38 2.4.5 SUGVs 2-40 2.4.6 Small Military Robots Used In Networks 2-42 2.4.7 Remotely Controlled Armed Robots Deployed In Iraq 2-45 2.4.8 Robots For Defense And Homeland Security 2-46 2.4.9 U.S. Army Small Unmanned Ground Vehicle (SUGV) 2-47 2.4.10 Defense Advanced Research Projects Agency, or DARPA Tactical Teams 2-47 2.4.11 Application Scope 2-48 2.4.12 U.S. Military Robots Key to Iraq Surge Success 2-48 2.5 Military Robot Regional Market Analysis 2-50 2.5.1 iRobot Geographic Information 2-52
3. MILITARY ROBOTS PRODUCT DESCRIPTION 3-1 3.1 iRobot 3-1 3.1.1 iRobot® PackBot® 510 with EOD Kit 3-2 3.1.2 iRobot® PackBot® 510 with First Responder Kit 3-3 3.1.3 iRobot® Warrior™ 700 3-4 3.1.4 iRobot® PackBot® 500 with RedOwl Sniper Detection Kit 3-5 3.1.5 iRobot® PackBot® 510 with FasTac Kit 3-8 3.1.6 iRobot® PackBot® 500 with ICx Fido® Explosives Detection Kit 3-8 3.1.7 iRobot® PackBot® 510 with HAZMAT Detection Kit 3-10 3.1.8 iRobot® SeaGlider 3-11 iRobot® SeaGlider 3-11 3.1.9 iRobot® Ranger 3-12 iRobot® Ranger 3-12 3.1.10 iRobot Aware 2.0 Robot Intelligence Software 3-13 3.2 Northrop Grumman 3-14 3.2.1 Andros HD-1 : Compact, Lightweight Platform 3-14 3.2.2 Northrop Grumman Vehicle Data / Communication Links 3-17 3.2.3 Northrop Grumman F6A - Versatile Platform 3-17 3.2.4 Northrop Grumman Vehicle Data / Communication Links 3-20 3.2.5 Northrop Grumman Mark V-A1 - Highly Versatile, Robust, All-Terrain Platform 3-20 3.2.6 Northrop Grumman V-A1 Features 3-22 3.2.7 Northrop Grumman Vehicle Data / Communication Links 3-23 3.2.8 Northrop Grumman Mini-ANDROS II - Compact, Capable, Two-Man-Portable Platform 3-23 3.2.9 Northrop Grumman Mini Andros II Features 3-25 3.2.10 Northrop Grumman Vehicle Data / Communication Links 3-26 3.2.11 Northrop Grumman Wolverine - Outdoor, All-Terrain Workhorse 3-26 3.2.12 Northrop Grumman Wolverine 3-28 3.2.13 Northrop Grumman Vehicle Data / Communication Links 3-29 3.3 General Dynamics 3-30 3.3.1 General Dynamics Next-Generation CROWS II Increases Soldiers Safety 3-31 3.4 Kongsberg 3-33 3.4.1 Kongsberg CrowsII Military Robot System 3-33 3.4.2 Kongsberg Addresses Underwater Diver Incursion 3-34 3.4.3 Kongsberg Norwegian Mine Reconnaissance Program 3-34 3.5 BAE Systems 3-36 3.5.1 BAE Systems Ant Size Robot 3-36 3.5.2 BAE Personal Robots 3-38 3.5.3 BAE Systems Large UGV 3-39 3.6 Lockheed Martin 3-39 3.6.1 Lockheed Martin Multifunction Utility/ Logistics and Equipment Vehicle (MULE) 3-40 3.6.2 Lockheed Martin Large NUWC Manta UUV 3-42 3.6.3 Lockheed Martin Large NUWC Manta UUV For The Offshore Oil Industry 3-44 3.6.4 Lockheed Martin AN/WLD-1 Remote Minehunting System (RMS) 3-44 3.7 QinetiQ North America TALON® Robots 3-48 3.7.1 QinetiQ North America Talon® Robots Universal Disrupter Mount 3-50 3.7.2 Qinetiq / Foster-Miller 3-52 3.7.3 Foster-Miller TALON Family of Military Robots 3-53 3.7.4 Foster-Miller New: Two-Way Hailer 3-54 3.7.5 Foster-Miller TALON Responder 3-54 3.7.6 Foster-Miller EOD Robots 3-56 3.7.7 Foster-Miller SWORDS Robots 3-58 3.7.8 Foster-Miller CBRNE/Hazmat Robots 3-60 3.7.9 Foster-Miller TALON SWAT/MP 3-61 3.7.10 Foster-Miller MAARS Robot 3-62 3.7.11 Foster-Miller Dragon Runner Field Transformable SUGV 3-64 3.7.12 Foster Miller TALON GEN IV Engineer 3-65 3.7.13 Foster Miller TAGS-CX Unmanned Vehicle 3-66 3.7.14 QinetiQ TAGS-CX Unmanned Vehicle 3-67 3.7.15 Combat Engineer Route Clearance Robot 3-70 3.7.16 Talon MAARS™ Robots 3-75 3.8 Telerob 3-78 3.8.1 Telerob - EOD / IEDD Equipment, EOD Robots and Vehicles 3-78 3.8.2 Telerob TEODor Heavy Duty Explosive Ordnance Disposal (EOD) Robot 3-80 3.8.3 Telerob Telemax High-Mobility EOD Robot 3-81 3.8.4 Telerob EOD / IEDD Service Vehicles 3-81 3.9 Versa / Allen Vanguard 3-86 3.9.1 Allen Vanguard VANGUARD® ROV 3-88 3.9.2 Allen Vanguard Defender Robot/ROV 3-97 3.9.3 Allen Vanguard ROV-Track CBRNE 3-102 3.10 Boston Dynamics 3-106 3.10.1 Boston Dynamic LittleDog - The Legged Locomotion Learning Robot 3-107 3.10.2 Boston Dynamic PETMAN - BigDog gets a Big Brother 3-109 3.10.3 Boston Dynamic RHex Devours Rough Terrain 3-110 3.10.4 Boston Dynamic RiSE: Climbing Robot 3-112 3.11 Robotic Technology 3-115 3.11.1 RTI Military Memetics (Information Propagation, Impact, and Persistence ¨C Info PIP) Project 3-116 3.11.2 RTI Humanoid And Legged Robots 3-116 3.12 Fujitsu Service Robot (enon) 3-118 3.13 Gostai SOS 3-119 3.14 Kairos Autonomi 3-121 3.15 Scripps Bluefin Robotics Spray glider UUV 3-122 3.15.1 Scripps Bluefin Robotics Spray Glider Sensors, Navigation, and Communications 3-123 3.16 Boeing¡¯s AN/BLQ-11 Long-term Mine Reconnaissance System (LMRS), 3-129 3.17 Boeing Advanced Information Systems 3-133 3.18 Sonatech 3-135 3.19 BAE Systems Underwater Systems 3-135 3.20 Gunsmith Jerry Baber 3-136 3.21 IVTT Program Intelligent Vehicle Robot Hops Over Walls 3-137 3.21.1 Robotic Technology Precision Urban Hopper 3-139 3.21.2 Robotic Technology Robot 3-139
4. MILITARY ROBOT TECHNOLOGY 4-1 4.1 Military Robot Enabling Technology 4-1 4.2 Intel Integrated Circuit Evidence-Based Innovation 4-3 4.2.1 Open Robotic Control Software 4-5 4.2.2 Military Robot Key Technology 4-6 4.2.3 PC-Bots 4-10 Visual Simultaneous Localization & Mapping 4-10 4.3 Advanced Robot Technology: Navigation, Mobility, And Manipulation 4-11 4.3.1 Robot Intelligence Systems 4-11 4.3.2 Real-World, Dynamic Sensing 4-12 4.4 User-Friendly Interfaces 4-12 4.4.1 Tightly-Integrated, Electromechanical Robot Design 4-13 4.5 Field Based Robotics Iterative Development 4-14 4.5.1 Next-Generation Products Leverage Model 4-15 4.5.2 Modular Robot Structure And Control 4-15 4.5.3 Lattice Architectures 4-16 4.5.4 Chain / Tree Architectures 4-16 4.5.5 Deterministic Reconfiguration 4-16 4.5.6 Stochastic Reconfiguration 4-17 4.5.7 Modular Robotic Systems 4-17 4.6 Intel Military Robot Cultivating Collaborations 4-18 4.7 Hitachi Configuration Of Robots Using The SuperH Family 4-18 Hitachi Concept of MMU And Logic Space 4-19 Robotic Use of Thin Film Lithium-Ion Batteries 4-23 4.8 Network Of Robots And Sensors 4-24 4.8.1 Sensor Networks Part Of Research Agenda 4-25 4.8.2 Light Sensing 4-26 4.8.3 Acceleration Sensing 4-27 4.8.4 Chemical Sensing 4-27 4.9 Military Robot Technology Functions 4-27 4.10 Carbon Nanotube Radio 4-28 4.11 Military Robot Funded Programs 4-30 4.11.1 Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization 4-30 4.11.2 XM1216 Small Unmanned Ground Vehicle (SUGV) 4-32 4.11.3 UUV Sub-Pillars 4-33 4.11.4 Hovering Autonomous Underwater Vehicle (HAUV) 4-36 4.11.5 Alliant 4-36 4.11.6 ATSP is a Government-Wide Contracting Vehicle 4-38 4.11.7 Quick, efficient contracting vehicle 4-38 4.11.8 Facilitates Technology And Insertion Into Fielded Systems 4-38 4.11.9 Access to all Northrop Grumman sectors 4-39 4.12 iRobot Technology 4-39 4.12.1 iRobot AWARE Robot Intelligence Systems 4-39 4.12.2 iRobot Real-World, Dynamic Sensing. 4-40 4.12.3 iRobot User-Friendly Interface 4-40 4.12.4 iRobot Tightly-Integrated Electromechanical Design. 4-41 4.13 Evolution Robotics Technology Solutions 4-42 Evolution Robotics Example Applications 4-44 4.14 NASA Exploratory Robots 4-45 4.14.1 NASA Spirit Robot 4-46 4.14.2 NASA's Mars Exploration Rover Spirit 4-48 Sample NASA Sprit Sol-By-Sol Summary: 4-50 4.14.3 Opportunity Update 4-51 4.14.4 NASA Opportunity Sol-By-Sol Summary 4-52 4.14.5 NASA Opportunity Robot 4-54 4.15 Remote Controlled Robot Missions 4-55 4.15.1 Auto-Navigation System Takes Pictures Of The Nearby Terrain 4-59 4.15.2 Mars Robotic Rovers Spirit And Opportunity 4-61 4.16 Self-Reproducing Machines 4-62 4.16.1 M-TRAN Modular Transformer 4-62 4.16.2 Attitude Control In Space By Control Moment Gyros 4-63
5. MILITARY ROBOT COMPANY PROFILES 5-1 5.1 American Reliance Inc. (AMREL) 5-1 5.1.1 Amrel Field Expedient Robot Controls Interoperability 5-2 5.1.2 Amrel Small-Footprint, Highly Integrated, Rugged Mobile Computing Solutions 5-2 5.2 BAE Systems 5-2 5.2.1 BAE Systems Ant Size Robot 5-3 5.2.2 BAE Personal Robots 5-5 5.2.3 BAE Systems Large UGV 5-5 5.3 Boston Dynamics 5-5 5.4 Doosan Infracore / Bobcat Company 5-6 5.5 General Dynamics 5-7 5.5.1 General Dynamics Combat Autonomous Mobility System (CAMS) 5-7 5.5.2 General Dynamics $60 Million Contract by U.S. Air Force for Mission Operations Support 5-8 5.5.3 General Dynamics Revenue 5-9 5.5.4 General Dynamics Business Group Revenue 5-10 5.5.5 General Dynamics Combat Systems Awards 5-13 5.5.6 General Dynamics Land Systems $24 Million Contract To Supply Commanders Remote Operated Weapons 5-13 5.5.7 General Dynamics Canadian Government¡¯s LAV III Upgrade Program 14 5.5.8 General Dynamics U.S. Military Vehicle Business 5-15 5.6 Gostai 5-16 5.7 iRobot 5-16 5.7.1 iRobot Home Robots 5-17 5.7.2 iRobot Government and Industrial Robots 5-17 5.7.3 iRobot Locations 5-17 5.7.4 iRobot Military Programs 5-17 5.7.5 iRobot Revenue 5-19 5.7.6 iRobot Geographic Information 5-25 5.7.7 iRobot Significant Customers 5-25 5.7.8 iRobot Description 5-25 5.7.9 iRobot Industry Segment, Geographic Information and Significant Customers 5-27 5.7.10 iRobot Home Robots 5-27 5.7.11 iRobot Government and Industrial 5-27 5.7.12 iRobot Geographic Information 5-32 5.7.13 iRobot Home Robot Division Revenue And Units Shipped 5-33 5.7.14 iRobot Government And Industrial Division 5-34 5.7.15 iRobot Strategy 5-36 5.7.16 iRobot Government and Industrial Products 5-38 5.7.17 iRobot Home Robots 5-42 5.7.18 iRobot Government & Industrial Robots 5-42 5.7.19 iRobot Partners and Strategic Alliance 5-43 5.7.20 iRobot / Boeing Company 5-43 5.7.21 iRobot / Advanced Scientific Concepts 5-43 5.7.22 iRobot / TASER International, 5-44 5.8 Kongsberg 5-44 5.8.1 Increased Scope of Kongsberg CROWS II Framework Agreement 5-45 5.8.2 Kongsberg Ownership 5-45 5.8.3 Kongsberg Manufacturing locations 5-46 5.8.4 Kongsberg Operations Revenue 5-47 5.8.5 Kongsberg Employees 5-47 5.9 Lockheed Martin 5-48 5.9.1 Lockheed Martin Defense Department Positioning 5-49 5.10 Northrop Grumman 5-53 5.10.1 Northrop Grumman Remotec Robots 5-54 5.11 Qinetiq / Foster-Miller 5-55 5.11.1 QinetiQ UK MOD and the US DoD provide target markets 5-56 5.11.2 QinetiQ Revenue 2005-2009 5-58 5.11.3 QinetiQ North America 5-61 5.11.4 QinetiQ Revenue 5-64 5.11.5 QinetiQ UK 5-66 5.11.6 QinetiQ North America 5-66 5.11.7 QinetiQ Autonomy and Robotics 5-67 5.11.8 QinetiQ Group Revenues 5-68 5.11.9 QinetiQ Business Review Governance 5-70 5.11.10 QinetiQ Revenue By Customer 5-71 5.11.11 QinetiQ North America 5-73 5.12 QinetiQ North America / Foster-Miller 5-75 5.12.1 QinetiQ North America / Foster-Miller 5-77 5.12.2 QinetiQ Common Robotic Controller (CRC) 5-77 5.12.3 QinetiQ North America World-Class Technology 5-78 5.12.4 QinetiQ North America Technology Solutions Group 5-79 5.13 Robotic Technology Inc. 5-79 5.13.1 RTI Energetically Autonomous Tactical Robot (EATR) Project 5-80 5.13.2 RTI Intelligent Vehicle Technology Transfer (IVTT) Program 5-81 5.13.3 Robotic Technology Precision Urban Hopper 5-84 5.13.4 Robotic Technology Robot 5-85 5.14 Telerob 5-85 5.14.1 Telerob - EOD / IEDD Equipment, EOD Robots and Vehicles 5-86 5.14.2 TEODor Heavy Duty Explosive Ordnance Disposal (EOD) Robot 5-87 5.14.3 Telerob Telemax High-Mobility EOD Robot 5-88 5.14.4 Telerob EOD / IEDD service vehicles 5-88 5.14.5 Telerob¡¯s Electrical Force-Reflecting-Manipulators (FRMs) 5-91 5.14.6 American Crane and Equipment Corp and Telerob Partnership 5-92 5.15 Versa / Allen-Vanguard 5-93 5.15.1 Allen Vanguard Trading Suspended on Stock 5-94 5.15.2 Allen Vanguard HAL® EOD/IEDD/ Search Tasks Hook and Line System 5-96 5.15.3 Versa / Allen Vanguard Equinox I 5-99 5.15.4 Versa / Allen Vanguard Field Test Set 5-100 5.15.5 Allen-Vanguard Revenue 5-100 5.16 VIA Technologies 5-103 5.16.1 VIA Technologies Complete Platform Provider 5-104 5.16.2 VIA Technologies Market Leadership 5-104 5.16.3 VIA Technologies Global Operations 5-105 5.16.4 VIA Technologies Meeting the Market Challenge 5-106 5.16.5 VIA Technologies Dynamic Fabless Business Model 5-107 5.17 Selected Manufacturers of Military Robots 5-107 5.18 Government Agencies and Other Organisations Using Military Robots 5-111 5.18.1 RTI Intelligent Vehicle Technology Transfer (IVTT) Program 5-114
Readers call for charity for family of Phuket murder victim
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"DIVORCE LAW of INDIA NEEDS URGENT AMENDMENT" - LAW MINISTER OF INDIA
DIVORCE LAW of INDIA –
AMENDMENT AS PER LAW COMMISSION’S RECOMMENDATION IN 2009 –
NOT YET DONE
Another case of: - JUSTICE DENAIED when JUSTICE DELAYED
Groom: Aged about 40yrs, Bride: 41 yrs, Son: Aged about 12yrs
PAST
On or about 1984, I, at the age of 15 years proposed to a 16-year girl – and the story began. I forgot that I lost my father at the age of 11 years, had a sister aged 6 years and my widow mother. I had lots of responsibilities to carry out as the only son of my beloved father. In a romantic mood, I forgot the difference in financial status of the two families. The story could have been entirely different if the girl would have refused me then and there, but she accepted me. But her family was “matured” and they opposed it in every possible way. I had my first big exam (10+) just at door. In spite of broken heart I tried my best and got 70% in the exam.
Thereafter I could realise the real state of affairs, as the girl became totally silent. But I wanted to meet the girl at least once and finally found her in July 1988, in her college, 15 km away from her home. In between, the girl never informed me about her whereabouts. Again on that day the girl agreed to “CARRY ON” the romance for the time being.
In 1994, myself got married after lots of inside drama from her family. Her father could never accept me “from heart” as an eligible husband of his daughter and he did a “FAVOUR” to us; by managing to get a job for her, in a school 65 km away from her in-law’s house, just a month before the said marriage. Meantime I managed to make a house with the proceeds received from LIC, obtained after my father’s death. At that time, I was looking after the “small” business left by my father. But her father could never rely on my financial condition and his daughter continued with the service by ferrying daily up and down 130 km. She used to stay very often at her father’s house (close to workplace). She conceived in 1995, but had a miscarriage, and she had two more miscarriages after that in two consecutive years. I lost the joy of being a FATHER and the doctors told specifically that all these miscarriages happened due to her daily strenuous journey. In between, I have decided to take up a job. And my wife finally decided to leave her job, her father also agreed (after some drama again) to the decision. And just after that she became the “proud mother” of our only son. But she could never forgive me for that decision, although she made her own decision always.
I started feeling humiliated for the indirect responsibility for the cause of leaving her job. The misunderstanding began and it increased day after day. I concentrated on my job, and obtained recognition from my employer. I was earning enough to carry on my responsibilities. I built up another floor in the house, since my mother had a long desire for that. I performed my last pending duty by getting my sister married in 2006. I started realising slowly, that I am nothing but a moneymaking machine for my wife. Needless to say, in between, the marriage lost all its charm in all way. My wife became a “lady” by then and was reasonably satisfied with her monetary status, and I became a late 30’s gentleman and kept myself satisfied with my job with an understanding that for the sake of my son, we should stay together.
But from 2007, she started taunting me even in front of my son. I became mentally broke. My health was broken, started suffering from IBS, BP etc. (diseases from tension and mental unrest) and started thinking about separation and divorce. I had to take sedative regularly. At the same time I was worried about my son’s future. We were sleeping in different rooms from 2008. My wife stopped using Sindoor from 2006. I really wanted to forget all her past behaviours as bad dreams, but I couldn’t. I love my job; it has given me my own identity and before the situation affects my job performance, I wanted to end it. I was in a dilemma till April 2009 (on the death anniversary of my father); when she humiliated me about my parents and myself with some nasty words (“you have some problem in your blood, that’s why I am worried about my son’s future staying with you”). I have finally decided for DIVORCE. Previously, she said many times that she would also prefer the mutual application for Divorce. But this time she disagreed and after discussing with her father, they demanded huge ransom money as “compensation”. She also told me that as divorce is inevitable, one of us should leave the house. I wanted to provide my son at least the same house after separation, which I felt necessary for my son’s upbringing. I shifted to a rented apartment near my place of work in July 2009. She was taking money (whatever needed) from me as usual and delaying the filing process for any separation, keeping the same humiliation process on. I agreed (also paid till date) to pay all necessary expenses for maintenance of my son and wife, including the maintenance for the house where they are still staying with my mother. After all this in 25 years, her father again failed to rely on me. Earlier, I had no money, so they hesitated to get myself married to her. But now, they do not know how much money to claim from me, to spoil me even after Divorce, and that is why they are hesitating to go for a mutual divorce. So I had no other alternative to file the divorce petition in September 2009. I know lots of odds will come from my mother and relatives, as divorce is still considered as a social taboo. Each marriage is between two individual – not between “Ideal Wife” and “Ideal Husband”. I am responsible for my job (doing it last 13 years) as well as my family. I belong to a social class and agree to pay any reasonable maintenance (the only sub clause was recommended as check measure for divorce for Irretrievable Break Down) as decided by the Honourable Court.
Contest divorce itself is a very tough decision. Even in my professional life, people are not taking it easily. Still I want to take my own black spots, my failure in the marriage - to the public, at least to the people who matters; cant play hide and seek game anymore. I stopped myself several times; thinking about my son, but he should also better see one parent than parents without love or respect for each other. Perhaps by staying apart both of us can maintain a healthy relation with him.
PRESENT
[ Lots of incidents happened in between: -
In October, I felt sad for my son (but nothing for my wife) and came to my old address. But the “drama” continued. I got seriously depressed after noticing my wife’s behavior. Actually she got much more “CRUEL”, and silently (sometime with abusive language in a very low voice) she started humiliating me. Finally, I went to a psychiatrist. I was suffering from a tremendous depression and trauma for my wife’s behavior. After being checked up by 2 more doctors, I am taking anti-depressant drugs since then. Recently (January, 2009) I got a “fit certificate” from Doctor, but still having medicines. In between, she forced to bring all household goods from my rented apartment and stopped to me sell the same, although some items (like fridge) were duplicated. I really got spellbound noticing her attitude. She forced me to shift to 1st floor leaving my mother on ground floor. On 1st floor we were sleeping in different rooms .Now I am again residing at my rented apartment. ]
Now it’s already 5 months gone after my filing. The first date was in Dec 2009. On that day I just got another date. And on the next date also, I shall surely get just “another date.”
Is not this the right (if not delayed already) time to address the problem associated with Indian Divorce Act itself? Please note, I am not the 1st to say this, the law commissions already felt this in 1971 and 2009 (reports enclosed). Both “seriously” recommended introducing THE IRRETRIEVABLE BREAK DOWN OF MARRIAGE as another ground for divorce. We have now a “Fault divorce” and mutual divorce. When my partner and me can’t agree on a less affecting thing like “mutual divorce” (which means to break the tie of marriage), how can we STAY TOGETHER in marriage thereafter? All of us know that, staying together (in any form) requires much more agreement between any two people than to stay apart. That means I have to request (or beg or buy) my wife to be free from marriage, just like a sentenced captive from the Jail. Judiciaries indirectly being used as a tool to bargain terms for divorce, in cases like this. Yes, when there is legal battle between couple, who are staying separate over a year, the only motto can be to get a “good bargain” or to harass one spouse by mere non-cooperation. My wife now more “ cruel” in behaviour. She is fighting legally with me – that means she don’t have any ‘emotional” dependence on me. When we talk about our “old tradition of marriage” we often forget that, no “traditional” wife will come to court to keep or leave her marriage.
I would like to mention another thing. My petition primarily based on “CRUELTY”, as the most suitable “available ground” for divorce. But one has to understand that fairer sex normally don’t act “cruel” by physical nature. Even in some cases “SILENCE” or “ABSENCE OF CORDIAL NATURE” between husband and wife can be cruelty of severe nature, which happened in my case. And when a person like me, who act as a Manager in a reputed company, files the divorce for wife’s cruelty, it can effect my professional reputation to a great extent. Actually it’s very much humiliating for me to file the petition and fight for that. It’s not explainable to anyone, but one who is in similar condition, can very well understand this. Broken marriage is not a crime and by the recommended amendment, divorce law can address that break with far less complexity. As we all know, nobody or nothing can compel a couple or any two people to live together. Present Divorce Law can delay (and make more bitter) the process of divorce, but can’t really change the direction in this scenario.
Can the Judiciary ask me to point out very private part of my life like marriage? Is not this hampering my basic fundamental right as a citizen? When there is no such law for a “father & son” or “mother & son” relation to be in that tie for ever (although maintenance clause is there), why would be such gross disparity in case of marriage? Are later the more “NOBLE” or “MUST ON” relations than the earlier? Is institution of marriage a serious “offense”, which if I have done once, can’t be freed till my death? Is wedlock means deadlock?
Now as an effect I have two options –
EITHER to stay in my marriage forgetting about my own negative feelings compromising with my health and peace of mind
OR
To badmouth my son’s mother in the court to prove her fault to get rid of her.
In both cases either my wife or I would be sufferer, not the Honurable Judiciary or the legislative body! Won’t the chances of any healthy relation would decrease or diminish just because of amount of tension created between us during the process, as more dates means more blames or more defense (which is also a part of attack mechanism)? Even the child would be indirectly sufferer for the bitterness between the parents as helpless witness of the whole event. Breaking up is a hard decision for anyone, but while doing, why we (in the process itself for its duration & nature) need to be nasty instead of peaceful? If a marriage can be done in a one-month notice period, why the divorce would be delayed for YEARS?
I am referring to some very pertinent cases where Honourable Supreme Court of India understood the gravity of the circumstances and granted the decree of divorce by dissolving the marriage, sometimes even after the lower court’s verdict in an opposite direction. In most of the cases, petition filed against wife’s cruelty. Judiciary understood that delaying the process would only increase bitterness between the couple. Whenever we delay something, it affects. In this scenario its affecting unfortunate people like me.
(6) SMT. KANCHAN DEVI Vs. PROMOD KUMAR MITTAL & ANR.
DATE OF JUDGMENT: 03/04/1996
BENCH:ANAND, A.S. (J)
BENCH:ANAND, A.S. (J)FAIZAN UDDIN (J)
CITATION:JT 1996 (5) 655 1996 SCALE (3)293
(7) Ashok Hurra Vs Rupa Bipin Zaveri
DATE OF JUDGMENT: 10/03/1997
CIVIL APPEAL NO 1835 OF 1997
(8) G.V.N. KAMESWAR RAO Vs G. JABILLI
DATE OF JUDGMENT: 10/01/2002
CASE NO.:Appeal (civil) 140 of 2002
BENCH: D.P. Mohapatra & K.G. Balakrishnan
(9) Praveen Mehta Vs Inderjit Mehta
DATE OF JUDGMENT 11/07/2002
CASE NO.: Appeal (civil) 3930 of 2002
(10) A. Jayachandra Vs Aneel Kaur
DATE OF JUDGMENT: 02/12/2004
CASE NO.:Appeal (civil) 7763-7764 of 2004
BENCH: RUMA PAL, ARIJIT PASAYAT & C.K.THAKKER
(11) Durga Prasanna Tripathy Vs Arundhati Tripathy DATE OF JUDGMENT : 23/08/2005
CASE NO.: Appeal (civil) 5184 of 2005
(12) Vineeta Saxena Vs Pankaj Pandit
DATE OF JUDGMENT: 21/03/2006
CASE NO.: Appeal (civil) 1687 of 2006
BENCH: Ruma Pal & Dr. AR. Lakshmanan
(13) K R MAHESH Vs MANJULA
DATE OF JUDGMENT: 11/07/2006
CASE NO.:Transfer Petition (civil) 947 of 2005
BENCH:ARIJIT PASAYAT & S.H. KAPADIA
(14) Kajol Ghosh Vs Sanghamitra Ghosh
DATE OF JUDGMENT: 20/11/2006
CASE NO.: Transfer Petition (civil) 228 of 2004
BENCH: G.P. MATHUR & DALVEER BHANDARI
(15) Rishikesh Sharma Vs Saroj Sharma
DATE OF JUDGMENT 21/11/2006
CASE NO.:Appeal (civil) 5129 of 2006
(16) Sujata Uday Patil Vs Uday Madhukar Patil
DATE OF JUDGMENT: 13/12/2006
CASE NO.: Appeal (civil) 5779 of 2006
BENCH: G.P. Mathur & A.K. Mathur
(17) Mayadevi Vs Jagdhish Prasad
DATE OF JUDGMENT: 21/02/2007
CASE NO.:Appeal (civil) 877 of 2007
BENCH: Dr. ARIJIT PASAYAT & DALVEER BHANDARI
(18) Samar Ghosh Vs Jaya Ghosh
DATE OF JUDGMENT: 26/03/2007
CASE NO.: Appeal (civil) 151 of 2004BENCH: B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari
(19) Satish Sitole Vs Smt Ganga
DATE OF JUDGMENT : 10/07/2008
CIVIL APPEAL No. 7567 of 2004
(20) Suman Kapur Vs Sudhir Kapur
DATE OF JUDGMENT 07/11/2008
CIVIL APPEAL NO.6582 OF 2008
And Last but not the least, THE LANDMARK JUDGEMENT
(21) Naveen Kohli Vs Neelu Kohli
DATE OF JUDGMENT 21/03/2006
CASE NO.:Appeal (civil) 812 of 2004
Some Newspaper articles about our present Divorce Law: -
“Examining the irretrievable breakdown of marriage as a ground for divorce Ankit Kejriwal, Prayank Nayak
Irretrievable breakdown of marriage can be defined as such failure in the matrimonial relationship or such circumstances adverse to that relationship that no reasonable probability remains of the spouses remaining together as husband and wife for mutual comfort and support. It is the situation that occurs in a marriage when one spouse refuses to live with the other and will not work towards reconciliation. When there is not an iota of hope that parties can be reconciled to continue their matrimonial life, the marriage can be considered as Irretrievable Breakdown of marriage.
This concept was first introduced in New Zealand. The Divorce and Matrimonial Causes Amendment Act, 1920 included for the first time the provision for separation agreement for three or more years was a ground for making petition to the court for divorce and the court was discretion whether to grant divorce or not. In England, the gate for this theory was opened up in the case of Masarati v. Masarati, where both the parties to the marriage had committed adultery. The court of appeal, on wife’s petition for divorce, observed breakdown of marriage. The law commission of England in its report said, The objectives of good divorce law are two: one to buttress rather than to undermine the stability of marriage and two, when regrettably a marriage has broken down, to enable the empty shell to be destroyed with maximum fairness, and minimum bitterness, humiliation and distress. On the recommendation of the Law commission, Irretrievable Breakdown of Marriage was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1973. The Matrimonial Causes Act, 1959 of the Commonwealth of Australia provided for divorce on the grounds of breakdown of marriage. In India, breakdown of marriage is still not ground divorce in spite of the recommendation of the Law Commission and various Supreme Court judgments to include breakdown of marriage as a ground for divorce. This paper examines the need to introduce irretrievable breakdown of marriage as a ground of divorce.
Theories of divorce
The provisions relating to divorce are contained in Sec 13 of Hindu Marriage Act, 1955. The Act recognizes two theories of Divorce: the fault theory and divorce by mutual consent. Under the fault theory, marriage can be dissolved only when either party to the marriage had committed a matrimonial offence. Under this theory it is necessary to have a guilty and an innocent party and only innocent party can seek the remedy of divorce. However the most striking feature and drawback is that if both parties have been at fault, there is no remedy available.
Another theory of divorce is that of mutual consent. The underlying rationale is that since two persons can marry by their free will, they should also be allowed to move out of their relationship of their own free will. However critics of this theory say that this approach will promote immorality as it will lead to hasty divorces and parties would dissolve their marriage even if there were slight incompatibility of temperament. Some of the grounds available under Hindu Marriage Act can be said to be under the theory of frustration by reason of specified circumstances. These include civil death, renouncement of the world etc. In this article we shall see that how these theories, owing to change in social circumstances and change in attitude towards the institution of marriage had failed to provide full justice in matrimonial cases.
Judicial opinions
The Supreme Court has adopted a literal view and granted divorce under irretrievable breakdown of marriage. In Ashok Hurra v. Rupa Bipin Zaveri, the husband and wife filed a suit for divorce by mutual consent. But, subsequently wife withdrew her consent. So the petition was dismissed by trial court. The Supreme Court held that We are of the view that cumulative effect of various aspects involved in the case indisputably point out that marriage is dead both emotionally and practically, and there is no chance at all of the same being revived and continuation of such relationship is only for name-sake. The Honble Court used Article 142 and granted divorce. The Delhi High Court in its full judge bench decision in Ram Kali v. Gopal Das, took note of modern trend not to insist on maintenance of an union which was broken and said, ‘it would be practical and realist approach, indeed it would be unreasonable and inhumane, to compel the marriage to keep up the facade of marriage even though the rift between them is complete and there are no prospects of their living together as husband and wife’. In the case of Savitri Pandey v. Prem Chandra Pandey, the Supreme Court reiterated the need for the inclusion of irretrievable breakdown of marriage as a ground for divorce. The Supreme Court in Manjula v. K.R. Mahesh held, the marriage has irretrievably broken down and there would be no point in making an effort to bring about conciliation between the parties. In Neetu Kohli v. Naveen Kohli, husband alleged that the wife was quarrelsome and was found in compromising situation with one Biswas Rout. The wife counter alleged that husband had a concubine. This established that the marriage had broken down irreparably and hence granted divorce on grounds of an irretrievable breakdown. It also observed that it was high time that this be included as ground for divorce in the Hindu Marriage Act, 1955.
Seventy-first Law Commission Report
The 71st Law Commission of India submitted to the Government on 7th April 1978 dealt with the concept of irretrievable breakdown of marriage. This matter was taken by the Law Commission as a result of the reference made by the Government of India in the Ministry of Law, Justice and Company affairs. The Report points out the fact that the fault and the guilt theories of divorce are not sufficient and cause injustice in those cases where the situation is such that although none of the parties is at fault, or the fault is of such a nature that the parties to the marriage do not want to divulge it, yet there has arisen a situation in which the marriage cannot be worked. The marriage has all the outward manifestations of marriage but the real substance is gone, it’s just like an empty shell. The Report unequivocally asserts that in such circumstances it will be in the interest of justice to dissolve the marriage. It is also mentioned in the Report that in case the marriage has ceased to exist in substance and in reality, there is no reason for denying divorce; the parties alone can decide whether their mutual relationship provides the fulfillment, which they seek. Divorce should be seen as a solution and an escape route out of a difficult situation. Such divorce is unconcerned with the wrongs of the past, but is concerned with bringing the parties and the children to terms with the new situation and developments by working out the most satisfactory basis upon which they may regulate their relationship in the changed circumstances. The majority view, which is shared by most jurists, according to the Law Commission Report, is that human life has a short span and situations causing misery cannot be allowed to continue indefinitely. A halt has to be called at some stage. The law cannot turn a blind eye to such situations, nor can it decline to give adequate response to the necessities arising there from. By refusing to sever that tie the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties.
Other jurisdictions
In most developed nations, the irretrievable breakdown of marriage is recognised as a ground for divorce.
New Zealand
New Zealand was the first country to recognize it, through the (New Zealand) Divorce and Matrimonial Causes Amendment Act, 1920 where a separation agreement for three years is a ground for making a divorce petition
AUSTRALIA
The Matrimonial Causes Act, 1959 of the commonwealth of Australia provided for divorce on the grounds of breakdown of marriage. The Family Law Act (Australia), 1975 considers irretrievable breakdown as sole ground for divorce If a marriage breaks down, it can legally be ended by the court granting a Divorce.There is only one ground for divorce in Australia - the fact that the marriage has irretrievably broken down. The legal test of irretrievable breakdown is that you have lived apart for at least twelve months and there is no prospect of reconciliation. As far as the court is concerned, this is all you have to establish. The judge won't be interested in who left whom, or whether one of you is having an affair, or whose 'fault' it was that the relationship broke down.
Brazil
Presumably due to the influence of the Roman Catholic Church, divorce only became legal in Brazil in 1977. Since January 2007, Brazilian couples can request a divorce at a notary's office when there is a consensus, the couple has been separated for more than a year and have no underage or special-needs children. The divorcees need only to present their national IDs, marriage certificate and pay a small fee to initiate the process, which is completed in two or three weeks.
Canada
Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament in order to end a marriage. Most other provinces incorporated the English Matrimonial Causes Act of 1857 which allowed a husband to get a divorce on the grounds of his wife's adultery and a wife to get one only if she established that her husband committed any of a list of particular sexual behaviours but not simply adultery. Some provinces had legislation allowing either spouse to get a divorce on the basis of adultery. .
Under the Divorce Act, 1967-68 it (IBM) is clearly recognised as a ground for divorce, apart from the normal fault grounds.
The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault based grounds including adultery, cruelty and desertion.
In Canada, while civil and political rights are in the jurisdiction of the provinces, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, which differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces.
The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year.
Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming. The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated,since there is no such thing as a "legal separation" in Canada. A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year.
On September 13, 2004, the Ontario Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-sex marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorce.
France
The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60% of all divorces); acceptance; separation of 2 years; and due to the 'fault' of one partner (accounting for most of the other 40%).
Sweden
To divorce in Sweden the couple can file for divorce together or one party can file alone. If they have children under 16 living at home or one party does not wish to get divorced there is a required contemplation period of 6 to 12 months. During this period they stay married and the request must be confirmed after the waiting period for the divorce to go through.
United Kingdom
England and Wales
In England, on the recommendation of the Law Commission, it was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1969.
A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'
From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.
There is only one 'ground' for divorce under English law. That is that the marriage has irretrievably broken down.
There are however five 'facts' that may constitute this ground. They are:
Adultery
often now considered the 'nice' divorce.
respondents admitting to adultery will not be penalised financially or otherwise.
Unreasonable behaviour (most common ground for divorce today )
the petition must contain a series of allegations proving that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her.
the allegations may be of a serious nature (eg. abuse or excessive drinking) but may also be mild such as having no common interests or pursuing a separate social life ; the courts won't insist on severe allegations as they adopt a realistic attitude: if one party feels so strongly that a behaviour is "unreasonable" as to issue a divorce petition, it is clear that the marriage has irretrievably broken down and it would be futile to try to prevent the divorce. [4]
Two years separation (if both parties consent)
both parties must consent
the parties must have lived separate lives for at least two years prior to the presentation of the petition
this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.
Two years desertion
Five years separation (if only one party consents)
Scotland
About one third of marriages in Scotland end in divorce, on average after about thirteen years. Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer. Divorce (Scotland) Act 1976.
It is likely that the two year separation period required for a no-fault divorce with consent will be reduced to one year.
United States
Marital Status in the U.S.
Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state. All states impose a minimum time of residence. Typically, a county court’s family division judges petitions for dissolution of marriages.
Prior to the latter decades of the 20th century, a spouse seeking divorce had to show cause and even then might not be able to obtain a divorce. The no-fault divorce "revolution" began in 1969 in California, and was completed in 1985 (New York is the last holdout ). However, most states require some waiting period, typically a 1 to 2 year separation. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, or alimony.”
Problems, suggestions
However the an attempt to introduce irretrievable breakdown of marriage as a ground for divorce has met with resistance by women organization on the grounds that husbands would desert their wives and then ask for divorce under breakdown of marriage. Also it has been stated by few that the concept of irretrievable breakdown of marriage is somewhat vague. In answer to first criticism it has to be stated in situation where wife has been deserted it indicates that husband wants to get rid of wife and any continuation of such relationship would not make sense to both the parties to the marriage. However a safety clause can be inserted which would empower the court to refuse divorce if it adversely affects the interests of the children. A provision for maintenance for child and wife should be made. As far as the second objection is concerned, it should be necessary for grant of decree of divorce under this theory that parties had lived separately for reasonably long time say for three years. Living separately can be considered as objective criteria for breakdown of marriage.
The concept of marriage is moving from a sacrament to a contract. The spouse should be granted a right to move out of the wedlock if they cannot live together due to extreme situations. Justice Krishna Iyer in the case of Aboobacker v. Mamstated while the stream of life, lived in marital mutuality, may wash away smaller pebbles, what is to happen if intransigent incompatibility of minds break up the flow of stream. Since the social conditions prevailing in the country are peculiar, sufficient changes are needed to be made in the law made so that law is able to ameliorate the conditions of the people who, in absence of required law are craving for relief and hence would be able to make process of dissolution less excruciating. A question may be asked that when irretrievable breakdown of marriage has been recognized as a ground for divorce by judiciary why we need an amendment in legislation. This is so because amendment would lay down conditions and safe guards, which should be taken into consideration before the grant of any decree.
It is high time that the Government recognizes the need of the time and save many couples from the disgrace and humiliation by introducing the irretrievable breakdown of marriage as ground for divorce under Section 13 of the Hindu Marriage Act, 1955.”
“Divorce law in our country belongs to an era that has long elapsed. But the laws have neither kept pace nor do they take into account the altered socio-economic realities of contemporary India. This is highlighted, once more, by the recent controversy surrounding grounds for divorce following Smriti Shinde's petition to the apex court urging it to consider granting unilateral divorce when a marriage has irretrievably broken down. The Supreme Court itself is ambivalent about where it stands on the matter.
Under the Hindu Marriage Act or the Special Marriage Act, there are no provisions that recognise "irretrievable breakdown" or "irreconcilable differences" as grounds for granting divorce when it is not a mutually consensual decision. However, in 2006, the apex court granted divorce in the Naveen Kohli vs. Neelu Kohli case, precisely because of irretrievable breakdown of marriage. But, early this year, another SC bench refused to entertain this argument in the Vishnu Dutt Sharma vs. Manju Sharma case. It decided to stick to the letter of the law.
This is as good a time as any for the laws governing divorce to be updated. In doing so, the issue must not be looked at through a moral prism alone. As Indians interface with the world and are exposed to new ideas and opportunities, there is bound to be a social churn, which impacts on personal affairs like marriage and family relations. Add to this the fact that more women today are economically more independent and assertive of their rights and choices. Divorce must be seen as a social reality, unfortunate though it might be, and not as a social evil.
There are of course legitimate concerns that waiving the mutual consent clause to grant divorce in cases of irreparable marital breakdown would put women in a vulnerable position. But that cannot be used as an excuse to deny those who would genuinely benefit from easing the process of obtaining a divorce. As things stand, one has to go through a lengthy, convoluted and extremely stressful procedure to get a divorce. It's time that changed.”
“Feelings of two human beings are involved in a couple’s
married life. This could not be patched up by enforcement of law by courts. It is up to the individuals to mend themselves. A horse can be taken to water but it is the horse that should drink it. However, the law should not deny divorce if the marriage has really broken down. By forcing unity with a hammer in the hand, the law does not serve the sanctity attached to the institution of marriage by religions. If the relationship of husband and wife wrecks beyond repair, what is wrong in recognizing that fact and allow them to live separately. How can one compel a wife or a husband to continue to live with spouse if they have fallen apart? If so compelled they would have to lead miserable life.”
Forget everything else, just imagine a scenario in a bedroom of a couple where a Judge is sitting and deciding about the “cruelty” performed or not among the couple. It must be sounding ridiculous and to avoid such embarrassment, Law Commission suggested the amendment in the divorce law itself through recent Report (Report no 217, November 2008): -
III.RECOMMENDATION
3.1 It is, therefore, suggested that immediate action be taken to introduce an amendment in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 for inclusion of ‘irretrievable breakdown of marriage’ as another ground for grant of divorce.
3.2 The amendment may also provide that the court before granting a decree for divorce on the ground that the marriage has irretrievably broken down should also examine whether adequate financial arrangements have been made for the parties and children
I like to highlight some facts in countries, where NO- FAULT (effectively faster & peaceful) divorce exists: -
A decline in the rates of domestic violence (which is obviously of a very high concern in India)
These laws empower a man or woman in an “abusive marriage” and make it easier to leave and live separate
Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing (very much valid in my case)
Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation causing physical and mental damage to involved party (as in my case, I am having anti depression drugs as prescribed)
Financial settlements are based on need, ability to pay and contribution to the family finances, rather than on fault (I am ready to accept any reasonable amount decided by judiciary)
Helps reduce the heavy caseloads of family courts (obviously valid for India)
Our legislation is hesitating to amend the law. Nobody wants to disturb the “STATUS CO”. Its human nature to resist any kind of change. A Surgery is done only when that is needed, to avoid some greater pain or loss. If we remember, we in India had customs like “SOTI DAHO PROTHA” (burning the widow with dead husband), which now we can’t even imagine. As we are getting exposed to
the world, we have to ratinolise our thought process and laws, by improvising any outdated system or rule. Staying apart for a
considerable period itself points towards the death of the marriage,
“Divorce” is just the legal nomenclature of that unfortunate incident. No divorce or even cause of any divorce will initiate because of the said amendment, but surely it will decrease the suffering of couple whose divorce already initiated. This amendment is only an addition to the grounds of divorce; no way it can hamper the relationship between a married couple. Mr Moily, honourable law minister of India stated recently :-
‘Moily said that the government may consider an amendment in
the law to make disposal of divorce and custody cases time-bound, as has been done for gram nyayalayas. He said that family courts will be given a target of winding up such cases -- where mutual consent is absent -- within a year of them being filed. He believes litigating couples should be freed quickly from a broken marriage in order to start life afresh.
"There is no need for divorce cases to drag on for years when the marriage has actually broken down. Similarly,children's custody
cases must be decided in a time-bound manner so that there is no uncertainty over their future," Moily said.’
I request and appeal to all, to raise voices in favour of the amendment of Divorce Law of India.
At the end we all must remember-
LAW IS MADE BY THE PEOPLE
LAW IS MADE FOR THE PEOPLE.
About the Author
WorkersCompensation.com's NewsLine Report for 1/23/2007
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Good news for all those senior baby boomers out there or anyone else of seniority living in the UK. You may or may not be aware, but on Sunday 1st October 2006 an important change in UK employment law come into effect. The new legislation will offer hope to anybody who has felt they've been discriminated against in belief that they are too old to continue working. It is hoped that this new law will promote ageism to be as serious and as unacceptable as racism or sexism.
So what does this all mean? Well, one of the biggest changes to be implemented is employers will no longer be able to force compulsory retirement before an employee reaches 65. Before October 1st it was quite common for employers to set there basic retirement age at 60, but not anymore... However, it's unclear as yet whether the compulsory retirement age of 65 will remain or perhaps be scrapped altogether. Unfortunately, we won't find this out until 2011 when a formal review will take place.
Due to the ever lightly pension crisis facing many people living in the UK, the ability to work until 65 now offers some rest bite at least. That's not to say working that long is a good thing, as given the choice I'm sure most people would like to take earlier retirement, but at least seniors can no longer be discriminated against for working longer if they so choose.
While it's commonly thought the new ageism legislation will make a difference, it's a shame more wasn't done by removing the compulsory retirement age of 65 altogether.
About the Author
If you are over 50 and would like to find out more information relating to things that effect your life including hobbies, articles and chat then why not visit life-over-50.com There you'll be able to Prospect Seniors Online, chat to anyone of Baby Boomer Years and even make new Senior Pen Pals.
Re Teen McDonald's Worker Gets Beaten By The Manger!!
identify and name the protected class for each of the human resources laws that are listed below and list the protections under each law.
a. Americans with Disabilities Act of 1990
b. Titles VI and VII of the Civil Rights Act of 1964
c. Executive Orders 11246 and 11375
d. Equal Pay Act of 1963
e. Vietnam Era Veteran’s Readjustment Assistance Act of 1974
f. Age Discrimination in Employment Act of 1967
Disabled people,
People of color
Political pardons
women
viet nam vets
people over 40yrs.
They all help everyone actually, because only in a free society can we really live.
Hawaii Labor Law and Employment Law Update: Hawaii Card Check Bill Passes--Bills’ Fate in Question as it is Transmitted to Governor Lingle
Hawaii Card Check Bill Passes: Bills’ Fate in Question as it is Transmitted to Governor Lingle
A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature. Governor Lingle will have until June 30, 2009 to issue a veto message.
If Governor Lingle vetoes the bill, the Hawaii Legislature can override the Governor’s veto by obtaining a 2/3 majority vote in both the House and Senate. Based on her previous history of vetoes, it is likely that Governor Lingle will veto the bill.
The “card check” bill amends the Hawaii Labor Relations Act to require an employer to recognize a union as the bargaining representative of its employees if it is presented with union authorization cards signed by a majority of employees in an appropriate bargaining unit.
The card check bill, if not vetoed by Governor Lingle, or vetoed but overridden by the legislature, would apply to agricultural employers and certain small businesses exempt from the coverage of the federal National Labor Relations Act and effective July 1, 2009.
The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”). Like the recently passed Hawaii bill, generally, EFCA would require the National Relations Board (“NLRB”) to certify a labor union as the exclusive bargaining representative of employees through union authorization cards signed by employees, without the benefit of a government-supervised, secret-ballot election, as long as 50% plus one of an appropriate bargaining unit sign the cards. Critics contend that among other problems with EFCA, the card check system is prone to the use of intimidation and peer pressure by union organizers.
In addition to the potential of doing away with secret elections, HB 952 CD1 limits the card check provision to employers with annual gross revenues of $5 million dollars or more, and provides that if an employer and union negotiating for an initial contract do not reach agreement within 110 days through bargaining or mediation, they shall be referred to an arbitration panel, which will establish the terms of the parties’ collective bargaining agreement for a period of up to two years. Finally, the bill includes new penalties of up to $10,000 for unfair labor practices.
A copy of the final bill transmitted to Governor Lingle can be accessed here: http://www.capitol.hawaii.gov/session2009/bills/HB952_CD1_.htm
Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies.
Visit him at http://www.amaguinlaw.com and http://employmentlawyerhawaii.com
Putting Law to Work: The Resurrection of Workplace Self-Governance?
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Whats the best way to quit taking adderall for good?
I have been prescibed Adderall for 6 years and want to stop taking it. Its a huge hassle to call the doctor 24 hrs in advance and then go in person to get the refill.
I do construction work and take alot of pre-employment and random drug screens. It is a huge hassle to take the drug screen and then wait up to 3 days for the results to be confirmed by an MRO (medical review officer) All these places refuse your proof of medication when you take the drug screen due to what they claim is HIPPA law restrictions but force you to return 3 days later to show the same prescription bottles you tried to give them in the first place! Pharmacys wont fax the required information. My doctors office is too slow to respond.
The headaches far out weigh the benefits.
I am overwellmed by severe bouts of feeling sleepy when I stop taking it. I take two 20 mg tablets a day. One when I wake at 5am and 1 at lunch. I do not take illegal drugs or any other medications.
Thank you for any suggestions
U should talk directly to ur doc about this. Maybe they can help u make the whole process less of a headache. Ur best bet is to stay on it if u r constantly sleepy. Good luck!!!
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Tēnā koe, Mr Assistant Speaker, kia ora tātau katoa. Nā runga i te hiahia kia kōrerotia tō tātau reo Māori i roto i te Whare nei, kua kawe haerehia tēnei kōrero i roto i te reo Māori. ALA Presidential Candidate Question Responses: Oliver on GLBT Employment Rights
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Immigration’s History and Motivation
Years ago, when Jeffrey Kaye and I were both contributors to New West magazine, I happened to interview a Chicano activist who observed that Southern California is to the Mexican people what Israel is to the Jewish people — a homeland to which they enjoy a right of return. Make 3000Pound in 4 weeks
Online Master's Degree - Increasing Your Competitive Advantage
Get the edge on others with a online master's degree program
Ever wondered why everyone else seems to be getting the promotions, while you're stuck with the same job and same salary? Have you heard rumors about possible cutbacks in your department and fear a job loss? The current downturned economy has caused many problems for people in the workforce. A strong defense is to make yourself an employee that's invaluable. You can do this by furthering your bachelor’s education the easy convenient way by getting a master's degree online.
Online Master's degree programs are offered in a variety of program courses. Regardless of what your interests may be, you'll be sure to find a master's degree online program that fits into your goals and lifestyle. Whether you've already decided you want to go back to school or are considering college for the first time, check out the many available master's degree programs online that best suits your interest and career. You'll suddenly have the edge on the other employees at work with your new designation or degree. Your boss and the management team will start to see you in a new light, realizing what an asset you are to the company.
What types of master's degree online programs are available?
You'll be happy to hear that there are a wide variety of courses and subjects you can pursue to earn your master's degree online. While your best advantage would be to pursue fields that seem to always have job security such as security, health care, law enforcement or education, there are new programs available in areas of computer security, IT, project management and more. Once you find an accredited master's degree online program, you'll have access to counselors that can give you all the information you need and help you make a career selection based on your interests, location and overall career goals.
Benefits of master's degree programs online
The internet is playing a large part in our lives today. More and more you're hearing people say they've earned their bachelor's or master's degree online. Master degree online programs offer you the opportunity to pursue an education while still working and not taking away time from your family. They offer programs and courses that are flexible and affordable. If you're already on a budget, earning your master's degree online is still very attainable. Many of the master degree programs online also offer financial aid so education is something everyone can afford.
The next time you hear rumors of possible job cuts, you'll have the security of knowing that you're trained to work in more than just one job. If you are forced to look for employment elsewhere, you'll have a degree to show a potential employer and give you an edge in your profession.
About the Author
Mary Jackson is a contributor for http://www.distance-learning-college-guide.com an online college resource for further education. Find more information on distance learning degrees including various online masters degrees that you can earn online at http://www.distance-learning-college-guide.com/online-masters-degree.html
Sara Horowitz & Rev. Paul Chapman - Air date: 06-06-96
Who is going to win this weekends Australian Federal Election?
Only 3 days to go so who would you choose:(A) Kevin Rudd ;Labour Party :polls have him at 42%,young idealistic and also declared his conservatism,might sign Kyoto but details hazy so he probaly wont ratify Kyoto,made an early bid to unroll new intrenet network but has gone silent recently can mean only one thing its been canned,will soften Howards radical employment laws if elected. (B) John Howard;Liberal Party: polls have him at 34%,Australias long serving Prime Minister over 10 long years ,introduced G.S.T. tax,radical rationalisation of employment laws,refuses to ratify Kyoto treaty,admits he might lose his own seat in this weekends election and said he will retire mid-term and hand over power to Peter Costello.So who would you choose?
I will vote for Kevin Rudd ,i find John Howard to be a mean old man completely out of touch after 11 long years in power.
I was watching Laurie Oakes, veteran political analyst who has a pretty good track record for his knack of predicting election outcomes, last night on Channel 9. He was sounding pretty darn sure than Labor could win as many as 20 seats, it would be an absolute landslide victory and Howard was almost certain to lose his own seat of Bennelong.
He explains how their ploys are failing and how Costello's reputation is getting quite a battering:
http://thebulletinelection.ninemsn.com.au/coalitions_interesting_times.htm
Prop 8 Trial Re-enactment, Day 3 Chapter 1 (re-edit)
'MOTHER NATURE HAS BEEN KIND TO US': Calm seas give responders a chance to fight back (11:30 P.M. UPDATE)
GRAND ISLE, La. - People along the Gulf Coast have spent weeks living with uncertainty, wondering where and when a huge slick of oil might come ashore, ruining their beaches - and their livelihoods. The anxiety is so acute that some are seeing and... Ellen Simon | Genetic Testing | Health Insurance | Healthcare Discrimination
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Use Social Media Marketing And Mobile Technology To Streamline Your Lawfirm
In economic times such as these, there are a lot of people looking for new ways to keep their jobs. Many go back to school in hopes that learning new skills will keep them attractive to their current employers or make them stand out to potential ones. Some people start looking for new jobs without knowing for sure if they even need one. Not even lawyers are safe from the economic downturn, as they find people utilizing their services less and less because they fear they can't afford it. Progressive law firms, however, will find that capitalizing on the Social Media Marketing trends will greatly benefit their livelihoods as they begin to rely more on the available technology than on traditional forms of marketing to create awareness. Perhaps the most interesting aspect of these formats is that they are free to use, which means that you can easily create new ways to market your business but you will also be able to retain more of your profits.
When blogging first became popular it was quickly adopted by internet marketers as one of the easiest ways to create a web presence. Lawyers in this modern time can take advantage of blogs to not only create awareness but build their credibility on a very specific and important topic.
Similarly, podcasts and YouTube channels can let you put your face and voice to your words, and connect with people all over the world, let alone your local area.
You can also build a Facebook page, which lets people get to know your business a little more intimately, but also lets you reach out to people through common friends. Finally, building a Twitter community lets you connect all of these technologies together and communicate to everyone simultaneously.
In order to utilize social media marketing properly, you will want to make sure that you are also up to date on your mobile communication. Attorneys should try to employ a relatively new smart phone with the latest web apps so they can keep up on their networking no matter where they are.
Not only does mobile technology let you stay connected on the go, but it lessens the amount of time you need to invest in marketing, which frees you up to get out in the community and meet more potential clients.
This way you can stay organized while also staying in contact with all the people who are important to your business.
About the Author
Progressive businesses find capitalizing on Social Media Marketing trends will greatly benefit their livelihoods as they begin to rely more on available technology than traditional forms of marketing to create awareness. The ultimate inside scoop now on http://AutomatedSocialNetworking.com
May Installments of The Proactive Employer Podcast
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Techniques for Discovering Hidden Assets and Unreported Income During the Divorce Process
Financial issues involved in a divorce - especially high net worth cases - can often become rather complicated. Unreported income and hidden assets are often alleged in divorce proceedings, usually by the spouse who is either not running a business or has not been in charge of the family finances.
It is not uncommon for a spouse to hide assets, especially if the divorce has been planned for quite a while. People hide assets for a variety of reasons, but essentially, they have property or money that they do not want to have discovered.
There are numerous ways to find hidden assets, but typically assets are either placed in the hands of third parties or behind false documents. The process of finding assets or proving unreported income is often one of the most difficult assignments during the divorce process. Being familiar with ways individuals move assets into the hands of third parties or behind false documents and techniques to find those hidden assets can result in the discovery of this property.
The cost of such discovery work must be weighed carefully against the potential benefits. It is important for a budget to be planned for two levels of investigation. At the first level, formal discovery procedures such as interrogatories, depositions, subpoenas, requests to produce and motions to compel can provide information to review and analyze the marital and non-marital estates.
If an individual does not have a detailed list of assets and debts along with documents to prove the whereabouts of these assets, the discovery in identifying the “easy to find” estate can become costly. At this point, a decision has to be made as to whether further money should be spent on the second level of discovery, which investigates and traces transfer of ownership of assets into other individuals’ or entities’ names.
Is the cost of the investigation worth the potential value of the assets which are assumed, at this point, to be hidden? Through diligent and effective preparation, it is possible to discover assets not disclosed or acknowledged by the other party. It is important to create realistic expectations with the client as to the ability to discover assets which have been actively concealed, and the reality that - despite best efforts - it is sometimes impossible to locate willfully hidden assets.
In divorce situations, careful consideration must be given to answer any questions about about potential hidden assets. What types of assets may be hidden? How are assets hidden? What techniques can be used to locate hidden assets?
WHAT ASSETS MAY BE HIDDEN?
The most common types of assets hidden are cash, bonds, mutual funds, cash value in insurance policies and variable annuities, stocks, travelers’ checks, Series EE savings bonds, and bearer municipal bonds.
Conversion of cash into personal property such as art, jewelry, collectibles, antiques, vehicles, boats and planes are also possibilities. Hobby equipment, gun collections, original paintings, collector quality carpets and tools are examples of asset conversion that often are overlooked or undervalued.
HOW ARE ASSETS HIDDEN?
Methods of concealing assets are as varied as the personalities of the individuals involved. In their attempts to veil assets, spouses may often involve relatives or acquaintances who may or may not be aware of their complicity in the diversion of personal assets. It is not unusual to discover the placing of personal possessions or investment certificates into safety deposit boxes in the name of a family member or friend.
Paying down mortgages and credit card balances is yet another method of hiding funds in plain sight. Repayments of phony debts to friends or relatives can appear to be legitimate use of resources. Expenses for paramours such as gifts, travel, rent or tuition for college or classes may be disguised as valid outlays of funds. Assets may be transferred into the name of another family member, friend or corporate entity.
Custodial accounts established under a child’s social security number as well as transfer of assets into pension, profit-sharing, 401(k), and Keogh plans are all strategies for cloaking liquid assets from the opposing party’s view. Employees can work in collusion with their employers to delay business contracts, raises or bonuses until after the divorce.
The transfer of large sums of money to trusts is one way individuals may attempt to disguise assets. Another is to gift money to individuals with the anticipation of having the money returned at a later date. These patently deceptive strategies may be fraudulent as well.
Spouses who own businesses may use the corporate entity to conceal assets. Skimming cash from the business, paying salary to nonexistent employees and then voiding the checks after the divorce, and paying salaries or fees to relatives or close friends for services that may never have actually been rendered then receiving the money back after the divorce is final are all strategies used by business owners to veil cash.
The value of a business prior to a divorce can be lowered artificially by delaying the signing of lucrative long-term business contracts until after a divorce settlement is reached. Unreported income on tax returns and financial statements can reduce the perceived value of a business to the detriment of the other party in the divorce.
WHAT TECHNIQUES CAN BE USED TO LOCATE HIDDEN ASSETS?
Prior to searching for hidden assets, the investigator must have accurate and timely personal identification information for the other spouse. This includes full legal name and variations (nicknames, abbreviations, common misspellings) as well as known aliases. Current and recent address information is essential. While some searches only need the name and not the address, it is always good to have both pieces of information.
Because assets may have been transferred to family members, the names and addresses of close relatives, their social security numbers and dates of birth will be valuable information in tracing movement of property or cash between the spouse and family.
Specific questions may reveal the likelihood of hidden assets evident through lifestyle. Does the spouse travel? If so, where? In what type of hotels do they stay, and what are their activities as they travel? Who makes up their group of friends and what type of people are they? Does the spouse get an automatic transfer of funds or an allowance? Does the spouse deposit a paycheck into a separate account?
Other telling information can be gleaned from answers to questions such as these. Is a credit card statement being mailed to the spouse’s work address? Are large amounts of cash floating around? Is cash used to pay for purchases? Who are the spouse’s accountant and lawyer? Has the other party provided honest reports on prior tax returns? Is there ownership of a business? If so, is it a cash business? Is there a Subchapter S Corporation?
With this basic information in hand, the investigator can pursue specific information from many sources. Here’s a quick list of information sources which should be reviewed.
1. Income Tax returns: This should be the first place to look for possible clues as to the existence of hidden assets. The return provides the roadmap to the discovery of income earning assets and asset sales. The return should also describe the source of income, whether it be interest, dividends, rental income and gain or loss from the sale of a stock. Each page of the tax return should be carefully examined for information.
2. Public Records: Public records are available in county courthouses, city halls and at state repositories. These records contain valuable information that is public and available to anyone who inquires. However, to be efficient with time and resources, one needs to be familiar with how to obtain the types of documents that will reveal asset holdings
Whether termed as obscuring, hiding, obfuscating, veiling or concealing assets, the many methods used by one spouse to prevent access by the other to cash, real, personal or business property can present a seemingly insurmountable wall for attorneys seeking parity or equitable division of marital assets for their client. Due diligence demands exhaustive measures when unethical and/or fraudulent arrangements exist or are suspected. While it may be difficult to bring to light unreported income and hidden assets, clues can be found which are very meaningful to a trained eye, and can open the facts for fair final property settlements.
References:
Abrams Yu and Associates, P.C. "Problems of Hidden Assets in Divorce Litigation." June 07, 2006. http://www.divorcenet.com/states/michigan/problems_of_hidden-assets (accessed April 30, 2009).
Elizabeth L. Bennett, Attorney at Law. "Hidden Assets in Divorce: Are They Discoverable?" Undated. http://www.divorcesource.com/PA/ARTICLES/bennett1.html (accessed April 29, 2009).
Hoover, Joe, and Anni Adkins and Dr. Lew Deitch. "How to Conduct an Assets Search - Part One." HowToInvestigate.com. Undated. http://howtoinvestigate.com/articles/assets_search1.html (accessed April 29, 2009).
Hoover, Joe, Anni Adkins, and Dr. Lew Deitch. "How to Conduct an Assets Search - Part Two - Locating Hidden Assets." HowToInvestigate.com. Undated. http://how to investigate.com/articles/assets_search2.html (accessed April 30, 2009).
Kohn, Mark: CPA, CVA. "Money Matters: Assets & Liabilities: Unreported Income and Hidden Assets." California Divorce.Info. May 1, 2009. http://californiadivorce.info/money.assetsliabilities.unreportedincome-... (accessed May 1, 2009).
Meyer, Cathy. "How to Identify Hidden Assets." About.Com Divorce Support. Undated. http://divorcesupport.about.com/od/propertydistribution/ht/hiddenassets.html (accessed May 30, 2009).
Pearlman, Alan. Chicago Family Law Blog: Divorce and Hidden Assets. December 13, 2005. http://www.chicagofamilylawblog_com/-news-and-updates-divorce-and... (accessed April 30, 2009).
Zerman & Mogerman, LLC. "Discovery and Treatment of Hidden Assets in Divorce Cases." July 17, 2004. http://www.divorcenet.com/states/missouri/mo_art09 (accessed April 30, 2009).
A. Arbitration Award
was biased against him and failed to follow the law. On de novo review, Coutee v. Barrington Capital Group, L.P., 336 F.3d 1128, 1132 (9th Cir. 2003), we affirm. Public Affairs - Tom Geoghegan
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EasyToInsureME Individual Health Insurance Reform Weekly
Week of November 9, 2009
Given that the Senate is expected to require much more time than the House to vote on a health care bill (see below), it is likely there is not enough legislative time left in 2009 to wrap up a bill for Christmas delivery to the White House. Senate Majority Leader Harry Reid fueled concerns about the schedule last week when he refused to commit publicly to passing an overhaul bill this year. This makes a "conference" between the House and Senate MORE likely in January 2010 THAN IN 2009, and that could require some time since the current House and Senate versions are vastly different on several key provisions. If the Conference pathway proves too contentious, House Speaker Nancy Pelosi and Reid could play legislative "ping-pong," whereby each Chamber makes a modest change and ships if off to the other, back and forth, until they both approve the same language.
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Late Saturday night the House of Representatives approved its version of health care reform by the slim margin of 220 to 215 (218 was the minimum needed). The core of the approved House bill remained unchanged from the version the Speaker introduced a few weeks ago and includes: an employer mandate to provide and pay for coverage; a fairly strong individual coverage requirement; a public plan option set up by government that would pay "negotiated" rates to providers; and insurance reforms, including guaranteed issue and modified community rating. It does not include the "Cadillac" plan tax or the insurer tax provisions currently in the Senate bill. The House bill would be paid for in part with cuts to Medicare Advantage and a surcharge on the "wealthy."
On the Senate side, Majority Leader Reid is waiting for the revenue score from CBO on several different Senate Bill scenarios, given that several Senators have publicly stated opposition to going forward without a hard and fast number on both cost and impact on bending the spending curve. He also needs this time to win over the 60 votes needed to even proceed with consideration of the bill, let alone the 60 needed to cut off debate once the debate begins; he may not have either right now. The earliest the Senate could start debate would be the week of November 16, but a date in December seems more likely. Approval of the House bill will surely put increased pressure on the Senate to move forward but to do so cautiously, given the slim voting margin in the House, as the issue moves closer to the finish line.
Bills to extend and expand COBRA have been introduced in both the House and Senate and could well be part of the final push on health care reform. Both versions extend the Special COBRA subsidy program from end of 2009 to June 30, 2010 and maintain the government's 65 percent subsidy. The Senate version increases this subsidy to 75 percent, and the House extends basic COBRA eligibility from 18 to 24 months. Given the unemployment numbers, it seems likely that, whether as part of health reform or on its own, a COBRA extension (including the subsidy) will be enacted in 2009.
States
ARIZONA: Governor Jan Brewer and legislative leaders have reached a tentative agreement to reconvene to address the projected 2010 budget shortfall, which ballooned from $1 billion in early September to $2 billion by the end of October. Although the governor favors a temporary tax increase to boost revenue, she is unlikely to float that idea this time around to help limit the length of the session. Governor Brewer is expected to announce her candidacy for re-election. Although the former lieutenant governor is now the incumbent and has never lost an election, she is viewed as vulnerable by some Republicans because of budget concerns and her continued focus on obtaining additional revenue through taxation.
CALIFORNIA: California’s state budget deficit could reach $7 billion for the current fiscal year in part because of recent court decisions blocking state funding cuts. For example, a federal judge recently blocked the state's plans to cut $80 million from its budget for In-Home Supportive Services, and Insurance Commissioner Steve Poizner has filed a suit to block the sale of part of the State Compensation Insurance Fund, which was projected to generate $1 billion. Some analysts project that the state’s budget deficit will range from $10 billion to $20 billion in the upcoming fiscal year. In other developments, Lt. Governor John Garamendi won a special election to fill the Congressional seat vacated by U.S. Representative Ellen Tauscher (D). Garamendi was elected lieutenant governor in 2006 after 16 years in the legislature and two terms as insurance commissioner.
COLORADO: Senator Betty Boyd, President Pro Tem and Chair of the Health and Human Services Committee, met with insurer representatives to highlight the issues likely to get attention in the upcoming session. A proposal to prohibit the use of gender in rating individual policies has a high likelihood of passing, she said. Senator Boyd also advised that efforts will be made to ensure that the Cover Colorado program remains solvent, as it has potential to be used as the state’s public plan option. Speculation has it that Colorado could become one of the first states to act on federal health care reform if it is enacted. Finally, she expressed a strong interest in authorizing the DOI to establish standardized policy forms.
DELAWARE: Department of Health and Social Services Secretary Rita M. Landgraf has issued an update to existing statutes adding virtual colonoscopy as an approved colorectal screening modality. Delaware law requires coverage for colorectal screening modalities and empowers the Secretary to add modalities as recommended by the Delaware Cancer Consortium. Accordingly, all contracts for health insurance issued, delivered or renewed after December 1, 2009 must include coverage for virtual colonoscopy for colorectal cancer screening.
DISTRICT OF COLUMBIA: Newly passed legislation requires individual and group health plans to provide coverage for orally administered chemotherapy medication in a manner no more restrictive than intravenously administered treatment or injected cancer medications. In other business, the Council of the District of Columbia confirmed Acting Commissioner Gennet Purcell as Commissioner for the District of Columbia Department of Insurance, Securities and Banking (DISB). Commissioner Purcell, who served as DISB’s Deputy Commissioner since 2008, is an attorney and member of both the State of Maryland Bar and the Commonwealth of Virginia Bar. As deputy, her primary responsibilities included oversight of the agency’s core functional areas, including the divisions of Insurance, Securities, Banking, Fraud Enforcement and Investigation, and Risk Finance.
GEORGIA: A meeting was held last week between health insurance representatives and the Chairman of the Senate Insurance Committee to discuss legislation for 2010 that would restrict rental networks. The Medical Association of Georgia also was represented. Aetna has committed to work with all interested parties on the legislation.
ILLINOIS: A fall veto session concluded at the end of October, and three health insurance bills of import passed both chambers. The first bill creates external review requirements for all commercial insurance products, rather than just HMOs, effective July 1, 2010. The bill also establishes committees to create a uniform small-employer group health status questionnaire and an individual health statement for use on January 1, 2011. The legislation also requires insurers to semi-annually prepare and provide the Department of Insurance a statement on aggregate administrative expenses and other information. It is a good compromise versus what was originally proposed. In addition, both chambers passed an orthotics and prosthetics mandate on health carriers and HMOs for policies amended, delivered, issued, or renewed six months after the effective date of the amendatory act. The third bill changed the requirements to obtain a producer license. The Illinois General Assembly is not expected to reconvene until January 2010.
MISSOURI: The Secretary of the State recently approved a ballot initiative proposal for the November 2010 ballot that would essentially eliminate network-based health care delivery in Missouri. The move follows unsuccessful efforts to enact an any-willing-provider bill in past legislative sessions.The petition effort behind the ballot initiative appears to have been spearheaded by a local surgical practice that has been excluded from the medical staffs of local hospitals. Any willing provider is only one portion of the proposal. It would apply to health carriers and health benefit plans, including Medicare and Medicaid, and facilities. It would, for example, prohibit carriers from: Imposing on a beneficiary any co-payment, fee, or condition that is not equally imposed on all other beneficiaries in the same benefit category, co-payment level, or class; prohibiting or limiting a provider from the opportunity to participate in the network if that provider is willing to accept the carrier’s operating terms and conditions, fee schedule, covered expenses, utilization and quality standards. The State Auditor is preparing an assessment of the fiscal impact of the proposed measure as well as a brief summary of the fiscal impact for the petition. Legal challenges to the ballot initiative are permitted. A group of stakeholders, including Aetna, are discussing strategy.
NEW JERSEY: Health insurance issues were front and center in a bitter battle for the governor's office, which ended last week when Republican candidate Chris Christie defeated Democratic Governor Jon Corzine. The governor-elect has publicly supported greater flexibility for carriers to make health coverage more affordable via mandate-free plan designs and interstate sales of health policies. The Democrats remain in firm control of the legislature, which will make the governor-elect's agenda an uphill battle. Also, the Department of Banking and Insurance (DOBI) adopted a regulation standardizing the information and format on health identification cards. Additionally, DOBI initiated a meeting with the state's major health plans seeking guidance as to how the state might proceed in limiting plans,’ and members,’ exposure to exorbitant out-of-network provider charges. This is one in a series of meetings aimed at developing consensus on an appropriate fee schedule or other mechanism for non-par provider charges. Lastly, the NJ Department of Health & Senior Services (DHSS) has launched a six-month Hospital Newborn Pilot Program. Nine hospitals throughout the state are participating in a pilot to ensure no newborn leaves the hospital without health insurance. The participating hospitals are expected to submit data to the DHSS.
NEW YORK: Governor David Paterson is calling for a special session to address the current state budget deficit. The Governor’s two-year, $5.2 billion Deficit Reduction Package would have a current-year impact of $3.2 billion in 2009-10 and a recurring impact of $2 billion in 2010-11. The components include across-the-board spending reductions and a tax penalty forgiveness program. The Governor indicated that his agenda will include a bill that would completely prohibit all subrogation (collateral source) recoveries on any insured or self-insured plans. The existing collateral source rule eliminates the potential windfall of double recoveries to plaintiffs who receive benefits and make recoveries from both their insurance coverage and defendant payments, while still ensuring that uncompensated losses are fully compensated. This subrogation legislation passed the Senate earlier this year, but it has not passed the Assembly. In other business, State Sen. Eric Schneiderman, chairman of the Codes Committee, and Sen. Neil Breslin, chairman of the Insurance Committee, introduced a bill known as "Ian's Law," which is named after a patient with muscular dystrophy. The proposed legislation would prohibit non-renewal of group policies and would require heath plans to get state Department of Insurance approval before discontinuing a class of insurance. The bill also would require plans to continue covering a totally disabled policyholder for 18 months, even if the plan gets state permission to cancel an entire class of policies.
About the Author
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The Value of Branding Your Blog
Harnessing the marketing power of your blog is an excellent strategy for growing your business. With the many benefits of blogs, including SEO and developing customer loyalty, even Fortune 500 companies are jumping on the bandwagon. However, utilizing blogs is not as simple as writing articles that optimize your company’s keywords.
Seeing your blog as an extension of your marketing and branding efforts is the key to maximizing the benefits of blogging. Remember, the purpose of your blog is to attract your target customer base – and keep them coming back for more. With that said, there are several strategies you can utilize to maximize the marketing power of your blog.
What does your blog say about your company?
A major element of your marketing efforts is brand congruency. McDonald’s, Apple, Nike, and the other highly successful global organizations have achieved their status through intelligent, congruent branding. Keeping this in mind, it is critical that your blog stays in line with your branding efforts. Readers see the blog as a personal extension of the company, and thus, it is important that it reflects the same character of your branding strategy.
For example, if you run an online party supplies store that is known for creativity, then make sure your blog reflects that branding. Include innovative party ideas, such as themes, unique DIY decorating tips, and recipes. This creates significant value with your target customer base, while keeping in line with the creative branding your company employs.
How is your blog valuable to your target customer?
Although blogs are indeed beneficial for SEO purposes, the most power you can generate from your blog stems from attracting your target customer. With this in mind, carefully evaluate how valuable your blog postings are to your client base. Put yourself in their shoes; would you bookmark your blog and come back regularly?
One strategic – and easy – way to increase the value of your blog is to create specialized content. Positioning yourself as a specialist and expert in the field not only provides value to the customer, but inherently reinforces the legitimacy of your company.
For example, if you are a recruiting firm, then your blog should discuss pressing HR issues that your clients would find valuable. You could expound upon changing laws, new legal rulings, powerful interview questions, and background check tools. Not only do you reaffirm your expertise in recruiting employees, but you present very valuable information that would prompt your client base to become regular readers.
How does your blog stand out from the crowd?
With many of your competitors utilizing blogs, how can you compel your target audience to visit your blog? The key is to create innovative content that stands far above mediocre articles. While many blogs simply write average, keyword-rich articles for SEO purposes, make sure your blog shines with innovative content. Whether you infuse humor, compelling research, breaking news, or expert knowledge, writing interesting blog articles is the most powerful way to generate attention. Keep in mind that your goal is to create articles worthy of links – ones that other blogs and social networks will want to re-publish – and your content will easily stand out from the blogging crowd.
When you create innovative, valuable content that is in line with your branding strategy, your business can fully reap the benefits of blogging. Leave your competition in the dust as you jumpstart your marketing campaign with the power of today’s blog!
About the Author
Discover how blog content can increase your companys potential by visiting our Learning Guides. CommunicateBetter.org offers powerful freelance writing services, whether you need valuable, ghost-written blog articles or engaging, converting landing pages.
Your Top Three Questions About Confidentiality Agreements
Entrepreneur’s guide to setting up a business in Singapore vs Malaysia
One of the key concerns for SMEs and business entrepreneurs who wish to establish a business is zeroing in on an ideal jurisdiction for their company incorporation. The crucial questions that concern company incorporation in any jurisdiction are: What are the statutory requirements to incorporate a company? What is the country's foreign ownership policy? Is the incorporation procedure simple or complex, time-consuming or quick? What is the cost of company incorporation? What are the compliances that the company needs to adhere to after incorporation? Is it easy for foreigners to relocate to a country for running the company?
Singapore. A local registered address (commercial or residential but no PO Box). At least one local resident director (a Singapore Citizen, a Singaporean Permanent Resident, a person who has been issued an Entrepass, Employment Pass, or Dependent Pass) and unlimited maximum number of directors. Directors must be at least 18 years of age and must not be bankrupt or convicted for any malpractices. Directors must be natural persons. A local resident and qualified company secretary who is a natural person and not a corporate. A minimum of 1 and maximum of 50 shareholders. A director and shareholder can be the same or different person. A shareholder can be an individual or corporate.
Minimum paid up capital of SGD 1.00. No authorized capital required. Malaysia. A local registered address. At least two local resident directors (a Malaysian Citizen or a Malaysian Permanent Resident, a person who has been issued an Employment Pass) and unlimited maximum number of directors. Directors must be at least 18 years of age and must not be bankrupt or convicted for any malpractices. Directors must be natural persons. A local resident company secretary who is a natural person and not a corporate. The company secretary must either be a member of a professional body prescribed by the Minister of Domestic Trade and Consumer Affairs; or licensed by the Companies Commission of Malaysia. A minimum of two shareholders and maximum of 50 shareholders. A director and shareholder can be the same or different person. A shareholder can be an individual or corporate. A minimum authorised capital of RM 100,000 and paid-up Capital of RM 2.00.
Company registration in Singapore can be completed within 1 day. In Malaysia it takes 7-10 days to incorporate a company. Singapore. Fees for company incorporation with Companies Registrar: SGD 315. Fees for company registration with tax department: None. Malaysia. Fees for company incorporation with Companies Commission varies depending on the amount of authorized capital and can range from SGD 400 to SGD 28,000. Fees for company registration with tax department: None. Singapore. Annual returns along with audited annual accounts must be filed with Companies Registrar within 1 month of the Annual General Meeting. Tax returns along with audited accounts must be filed with the Inland Revenue Authority of Singapore by 31 October each year.
Malaysia. Annual returns along with audited annual accounts must be filed with the Companies Commission within 1 month of the Annual General Meeting. Note: Exempt private companies (not more than 20 shareholders and shares are not held by another company) need not file audited accounts. However, they are required by law to maintain their audited accounts for inspection by the authorities at any given time. Every company must keep accounting and other records as are necessary to explain the transactions and financial position of the company and to allow a profit and loss account and a balance sheet to be prepared.
Singapore. A company shall appoint an auditor within 3 months from the date of incorporation, unless it is exempted from audit requirements under Section 205B, or 205C, of the Companies Act. Malaysia. Every company must appoint one or more auditors who must be approved auditors in Malaysia. Appointment of auditors must be done before the first Annual General Meeting.
Although it is relatively easy to set up a business in Singapore and Malaysia, there are certain key differentiators between both the jurisdictions for company set up. Singapore is known for its ease of company set up which can be completed within 1 day, as compared to the 7-10 days norm of Malaysia. Moreover, a Singapore company can be registered with a fee of SGD 315. This is significantly low when compared to the registration fee for a Malaysian company which ranges from SGD 400 to SGD 28,000 depending on the company's authorized capital. Last but not the least; it is easier for foreign investors to satisfy the eligibility criteria for Singapore work passes as compared to the requirements for a valid Malaysian work visa. Thus, Singapore offers a better business environment for company incorporation as compared to Malaysia.
About the Author
To learn more about setting up a company in Singapore, refer to Singapore Company Setup guide. You can also learn about Singapore’s low tax regime, referring to Singapore Taxation guide.
Audio 4a -The Corrupted Dictators - dignity of employment
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The California Workplace Labor Law Posters
In California, employers have rules and regulations related to the workplace and they are displayed in theCalifornia labor law posters. Employers are strict about the various laws and try to enforce them in their businesses so that employees do their work properly to achieve the business goals and likewise these laws make the employees aware of the different labor laws affecting them. Labor laws are stringent in every country and America is no exception as is amply displayed by the labor law posters and Californialabor law postersrelated to the workplace has all the laws concerning an organization.
It is mandatory in America, for all the businesses and organizations across the country to put up these labor law posters and California too has to follow the rules as employees have a right to know about their rights and organizations similarly have to tell the employees about their duties and laws related to the workplace. It is in a way beneficial for both the parties and goes a long way in building the relationship between the two as both of them are aware of their responsibilities. The labor laws get updated from time to time and it is the duty of the organizations to inform the employees about them. The California labor law posters contain information regarding different labor laws.
The State of California has California Labor Law Posters for all businesses big or small and organizations and safety postersfor workplace safety are required to put them up in places in the workplace where employees can see and read them easily. It concerns them basically and so it can be said that the labor law posters are meant for the employees. There are labors laws that need to be adopted by businesses where the employer has 50 or more employees working under him and in such workplaces posters are must. There are separate labor laws for the minors and adults and they are displayed in the organizations through California labor law posters. Labor lawposters are well designed and neatly written in a simple language that can be understood by all he employees. They are pasted in places within the organization where the employees gather on a daily basis so that they can get all the necessary information they require related to the various labor laws.
About the Author
IDSTC provides MLM Software , Network marketing software for MLM, direct sales industry. Get business solutions with Multi Level Marketing Software, Direct Sales Software, party plan software .
Federal Minimum Wage Posting Changes, July 2009
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I work for a small family business and work around 30-40 hrs a week and I didn't get paid for christmas. People are telling me that I should get paid for that day. I don't know if its a employment law regarding this or not. I have been there for about 4 months now and won't be considered for any type of beneftis until the 6 month mark.
It depends on the company or business you work for. Some pay for holidays like Christmas, Easter ,even 4th of July and some count it as just a day off. It's not a "legal" obligation unless you work for the government or a business who states it pays you for those holidays even if you are closed for business.
San Francisco Immigration Attorney - Happy Holiday - Immigration lawyer
Event to raise funds for battle against sex trafficking
According to the U.S. Department of State, 200,000 U.S. citizens are trafficked inside America's borders each year. A local fundraiser with special guest speakers will raise money for safe houses for victims of trafficking. Gordon Jackson - Keynote Speaker
Video Voyeurism and Surveillance Laws in the Workplace
Are you thinking about installing Hidden or Surveillance Cameras in your place of business? Many employers consider video and other surveillance key to keeping an honest and productive workplace. It keeps employees on the straight and narrow - no fingers in the till, no time clock funny business, no drinking or drugging on breaks. Many business owners and managers also record or review phone calls and emails from the office.
But employers must be careful not to go too far in their surveillance or they will risk being sued by an employee for an invasion of privacy under federal or state law. This article is an overview of the laws applicable to workplace surveillance - you should always talk to your own attorney to determine exactly what the law is in your state.
VIDEO SURVEILLANCE There are several variables when considering video surveillance in your place of business. Your choices include visible traditional and dome surveillance cameras or hidden cameras, with or without audio. Each of the variables has potential legal implications. Visible surveillance cameras (not hidden in any way) are generally not illegal if they are in a non-private place.
If the camera records sound as well as video, you must comply with federal and state wiretapping and eavesdropping laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction.
Hidden cameras are a slightly different story. Video recording (without sound) is usually okay, even if the camera is hidden unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video.
Courts across the country are finding with more and more frequency that no reasonable expectation of privacy exists with non-covert video surveillance or even with hidden surveillance if the physical space examined is a public space. Note that, if an employer uses union employees, the employer may be required to notify the union of its intention to use hidden cameras, but probably doesn't have to disclose where the cameras will be installed.
There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy. Most states have followed suit. These laws are often referred to as "video voyeurism" statutes.
VIDEO VOYEURISM LAWS As you can see, surveillance technology has advanced so much over recent years that excellent cameras can be completely hidden from view in a number of different ways. These Spy Cameras are a great tool for many employers but can also be used inappropriately. The federal government and most states have recently passed "video voyeurism" laws.
These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons.
The federal law prohibits anyone from recording images of an individual's "private areas" without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos.
You will need to check your home state's particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private - bathroom and changing rooms may be "no-brainers" but some states' courts have even decided that employee break rooms or lunch rooms are "private" for purposes of video surveillance.
OTHER SURVEILLANCE IN THE WORKPLACE The monitoring of electronic communications such as telephone calls, voicemail, email and IMs is covered by the federal wiretapping and eavesdropping statute - the Electronic Communications Privacy Act. The ECPA does include several business use exceptions to allow employers to perform necessary investigations, protect trade secrets and keep an eye on inventory and receipts.
Under the federal law, the monitoring of things such as email and phone calls is allowed if either the sender or recipient consents or if it is done in the regular course of business. Employers can monitor only equipment which they own and do not have the right to monitor email hosted by a third party (like web-based email programs.
BEST PRACTICES Whether they have a right to privacy at work or not, many employees find surveillance of any sort offensive. It is good practice for employees to be provided with written notification of the existence or possibility of any monitoring in the workplace - video, audio or otherwise.
Notices can be made a part of a written, distributed policy or a section in the employee handbook. Employees can even be asked to sign a consent to or acknowledgement of the monitoring. If you are cautious, ethical and respectful of your employees and of the law, video and other surveillance in the workplace can be a wonderful tool to keep your business running smoothly and profitably.
Employment Law Can Tackle the Bully in Your Workplace!
A recent Court of Appeal decision regarding the Protection from Harassment Act has made it tougher for employees to bring the likes of bullying directors and senior managers to justice. This, however, does not mean that companies should shy away from taking a hard line against bullies in the workplace, particularly those who hold a measure of authority - those in senior or management position, for instance.
Many Employment Law specialists are now in agreement that the Court of Appeal has in fact made it more difficult for staff to stand a chance of winning a bullying claim with their latest ruling. But, despite this, employees still have plenty of options when it comes to bullying claims, so the ruling does not mean that companies can simply sit back and do nothing in the hope that the issue will disappear into thin air.
Good legal advice to companies would recommend that it is essential that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that could be on the receiving end of a claim, and not the person who is being held responsible.
A test case two years ago found that an employee could successfully claim bullying under the Protection from Harassment Act if they could prove incidents had happened on at least two occasions. But the Court of Appeal has since ruled that these incidents had to be ‘oppressive and unacceptable, amounting to criminal conduct’, rather than simply ill-tempered or inappropriate.
Although this can be seen to indicate that the courts are now taking a more robust approach in determining what is harassment in the workplace, there’s no room for complacency if allegations of bullying are made by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and entering into elongated, time-consuming legal battles.
A good way to do this is to have an anti-bullying policy in place and make sure all staff are aware of it. If allegations of bullying are proved to be true, it could be seen as advisory to take disciplinary action against those involved – whether they are directors or shop-floor staff. If a director is involved, make sure that your investigation is not viewed as a cover up just to protect a fellow member of the board. You must also ensure that the person who is investigating the case is at a sufficiently senior level in the company for their actions to be taken seriously.
It is also worth paying regular attention to updates and changes in the law, even if it is just by reading the paper and checking a couple of key websites for the most important information, as the law is something which changes on a regular basis. As anybody who has dealt with them knows, legal issues tend to be extremely complex and it is always, therefore, worth seeking legal advice from a reputable company if you are in any doubt as to where you stand in relation to the current Protection from Harassment Act or, indeed, any other acts.
This article is free to republish provided the authors resource box below remains intact.
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One of the three Pakistani men detained by US authorities investigating the failed Times Square car bombing is a computer programmer, one a gas station attendant and the third a cabdriver. 1/2 - NO ON ONE - The Campaign to Protect Marriage Equality in Maine - Part One
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Spreading the e-Learning Word (Part 2)
In Part 1, I described some of the more “mainstream” ways to promote your organization and its e-Learning products to target audiences via the Web. This second part explores some additional Web channels that you may not have considered, specifically:
Twitter
Craigslist
eBay
iTunes
and others
Twitter
Do you tweet? With its 140-character limit on posts…er…tweets, it isn’t exactly the place to promote e-Learning products or services.
Or is it?
Go to http://twitter.com/ and create a free account (you know you want to). Then click the Search link at the bottom of the page, enter “e-Learning” and click Search again. Less than a second later, you’ll see what’s being said around the world right now about e-Learning. When I did, I found:
Requests for help with specific e-Learning technologies.
PodCasts and press releases from e-Learning suppliers (including SyberWorks).
URL links to e-Learning blogs, products, conferences, and other sites.
Free tutorials about authoring e-Learning materials.
In fact, these tiny tweets offer many opportunities to spread your firm’s presence and influence, through comments, product links, and promotional URLs. (Your competitors are probably doing so already.) Twitter is also a great way to watch what’s being said right now in and about your field…and to join the discussion.
Craigslist
OK, this is a stretch, right?
Not really. Craigslist is becoming the place to post jobs and find employment. But it’s still a fairly overlooked place to do promotion. I’ll call your attention specifically to its discussion forums section (just below personals). There you’ll find such potentially useful categories (for us) as:
1099, about self-employment and related products and services
comp, about computer technologies
educ, about colleges, training, and learning
science, about science
Then, under services, you could consider posting an occasional ad under:
computer
creative
lessons
And, believe it or not, you will occasionally find very pertinent postings in the gigs section, under computer and creative,
These (and other categories) are easy places to place your company name, and its products, services, and expertise, before target audiences…especially when they’re in specific cities and states.
eBay
This too may seem a stretch, but I just searched eBay’s marketplace for the term “e-Learning” and came up with 72 hits. They included a ton of e-Learning books for sale, plus a few CBT courses. In truth, eBay isn’t the best place to sell most e-Learning products. But you can promote yourself there.
Specifically, check out eBay’s Community > Discussion Boards > Computers, Networking, & IT forum. When I did, the first 10 of its 86 pages contained eBayers’ questions about:
Creating and saving Flash SWF files
Java/PL/SQL
Dreamweaver
Search engines
Hardware, software, operating systems, and browsers
Internet security
LANs and networking
Computer-based training
And many of these questions offered untapped opportunities to put one’s name and services before eBay’s more technical users, while also helping to solve problems related to your markets. So occasionally checking in on this eBay forum could be a good way to start (or join) discussions about your markets, to help others, and (oh, by the way) to put your firm and its services before their eyes.
iTunes
Apple’s popular iTunes hosting and distribution service isn’t just for music. It also offers more than 100,000 free educational audios, videos, lectures, language lessons, audiobooks, and podcasts…from universities, PBS stations, and cultural institutions around the world.
And again, most e-Learning materials aren’t suitable for this kind of delivery. But, if your firm’s products lend themselves to promotional videos on YouTube (which I discussed in Part 1 of this article), then also look into iTunes …especially since your younger audiences use it every day.
Others?
What other ways can you think of to expand your firm’s presence on the Web? Most public sites offer forums, and ways for users to comment on their purchases and needs. I can think of three immediately: Amazon.com, CNET.com, and ePinions.com. But still other influential sites may serve your particular markets.
There are many such opportunities out there. So if your e-Learning products and services are ready for wider exposure, consider spreading the promotional word over less-obvious services like these. Your competitors may already be.
About SyberWorks, Inc.
SyberWorks, Inc. (http://www.syberworks.com) is a leader in the custom e-Learning Solutions and Learning Management System/Learning Content Management System (LMS/LCMS) industries for Fortune 1000 corporations, law enforcement, healthcare, and other industries. Located in Waltham, Massachusetts, the company serves the multi-billion-dollar e-Learning market. Since 1995, SyberWorks has developed and delivered unique and economical solutions to create, manage, measure, and improve e-Learning programs at companies and organizations in the United States, Canada, Europe, and around the world.
About the Author
Dave Boggs is the founder and CEO SyberWorks, Inc . He has been involved with computer-based and web-based training for more than twelve years. Before founding SyberWorks, Dave was the VP of Sales and Business Development for Relational Courseware. He holds a Bachelor of Science degree in Physics from Union College in Schenectady, NY, and an MBA from the Kellogg School of Management at Northwestern University in Evanston, IL.
Church Employment - David Middlebrook - Church Law Group
I have had alot of time off sick for which I have need hospital treatment on several occasions. Now my employer has called a discipline hearing. My union rep, said they had recently lost several disciplinary hearing for sickness. So i decided to hand in my notice, has my rep said the hearing would be cancelled if I did, and I thought it would look beter if I left, rather than be dismissed. But now my employer say they are still going ahead with the hearing. Does anybody know if I can still be dismissed after I have handed in my notice? Or can anyone give me any advice?
this hearing has more to do with the union then it does about you.
excessive absenteeism is grounds for termination with cause with or without union representation. the reasons for absenteeism are unimportant unless they fall under FMLA. as your rep noted the union has lost numerous cases involving absenteeism and the company must stick to their policy and equally enforce it with everyone. there really aren't any options for the employer but to go ahead with this. as far as how it effects you it could help in your ability to qualify for unemployment insurance, assuming you are able to work and are actively seeking employment.
for info concerning FMLA and how it relates to you:
http://www.dol.gov/compliance/laws/comp-fmla.htm
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How Do I Make Sure My Restaurant is Following IRS Tip Reporting Guidelines for 2010? + 5 Ways to Stay Informed
How Do I Make Sure My Restaurant is Following IRS Tip Reporting Guidelines for 2010?
As a restaurant or bar owner, you know the importance of staying abreast of tip and tax related laws? How do you do that? Tips are subject to the full range of employment and withholding taxes. They are compensation received for services rendered by your employees.
Here are the Top 3 reasons to make sure you are up on the IRS guidelines for the Form 8027, “Employer’s Annual Information Return of Tip Income and Allocated Tips, with the IRS.”
You operate a business where food or beverage tipping is customary
you have greater than 10 employees
Your food or beverage is sold for consumption on the premises
For a complete guide on tip income reporting rules from the IRS, read the instructions for IRS Form 8027 and Publication 15, IRS Employer’s Tax Guide. You may find printable pdf versions of all of the publications listed here by going online and searching for “IRS form _______” with the form number in the blank space.
Here are some other Forms and Reports that you should consider using with your Restaurant payroll:
On the “Employee’s Report of Tips to Employers,” you, the restaurant owner, receives written proof each payroll period of the of employee’s tips.
2. FICA Tip Credit. IRS Form 8826. This tax credit is a “general business credit.” Your restaurant may be able to reduce federal income taxes by the amount of FICA (Social Security and Medicare) taxes paid to employees on certain tips. These FICA tax payments have to do with FICA taxes you pay on tips beyond those tips used as a “tip credit” to meet your requirement to pay employees the federal minimum wage. This is the 45(B) credit. In order to properly calculation this, it is a good practice to use an experienced restaurant payroll company who has the software and experience calculating payroll tips, and the review of an cpa with restaurant tax experience.
Now that you have details on Tax Tip Reporting, we want to give you practical resources to stay abreast of the payroll tax filing requirements.
5 WAYS TO STAY INFORMED:
Besides understanding the tax laws in detail, it is helpful to have a network of experts to get answers from. Here are 5 ways successful restaurant owners and managers stay informed:
Become a member of a major restaurant industry association, such the National Restaurant Association or your state organization, such as the California Restaurant Association. Even your city may have a local chapter. For example, San Diego has a local chapter of the CRA. They have mixers and meetings. Go with the intention of making 10 to 20 good contacts with non-competing restaurant owners, so that you may share industry knowledge.
Other times, you can post to the group and get answers the next day.
You should also use the services of a good cpa, and abookkeeping and accounting service, often with QuickBooks® experience, who is knowledgeable in the tax laws surrounding the restaurant and food service industry.
Specialists in the restaurant industry will have training, tools and education specific to restaurant payroll taxation.
And, remember to read and stay informed. You are on the internet reading this article. You may find relevant article sites and blogs, bookmark them, and check back once a month for new information. Or, you can subscribe to RSS feeds from these sites to be kept up-to-date-on the latest information.
We hope this information is helpful to your restaurant business!
For more information, and to see how to better streamline the payroll tax and administrative side of the business, you may contact Pink Payroll. We can answer a few questions, or provide you with a Quick Quote.
Tax laws change frequently, so use this information, but make your final business decision taking into account the current advice of your cpa and payroll service. The information contained herein is for informational and educational purposes only, and not tax filing purposes.
About the Author
Erica Phillips is a graduate of San Diego State University, Business Administration. She has received honors for volunteer work, including a Congressional Medal presented in Washington, DC for Volunteer work. After positions as a marketing executive at Carnation (Nestle SA) and other corporate marketing, finance and sales positions, she has been an entrepreneur for over 15 years. She advises businesses on marketing, finance and budgeting as it relates to payroll services.
[mage lang="" source="flickr"]employment law bank holidays[/mage] does anyone know employment law....on potential unlawful sacking?
my son told a white lie to have a long weekend with his family-his, and booked 2 days annual leave, the boss who is also the owner of the company was constantly ringing him during that time but my son didn't respond. when he returned to work his boss had obviously been checking on my son's story and wanted my son to sign a statement admitting to this, my son refused. my son has also asked for 2 day annual at bank holiday but the boss has refused again saying that noone else is as experienced as him at that time although this is rubbish. | think he is waiting for my son to walk out.
I think you have a good case for constructive dismissal. The fact that your son had to lie in order to secure a holiday indicates to me that he works under conditions that are abhorrent. Perhaps he broke rules in terms of notice of holiday.
I could understand his boss' grievance if your son was pretending to be ill. However your boss has no rights to check up at all on your son's free time if he has granted holiday.
The statement that your boss asked your son to sign is crucial. Even though your son refused to sign it, do everything you can to obtain a copy of that statement. it is likely to be poorly worded and incriminating to your son's boss. Then look up in the phone book or listen to adverts on local radio and find a solicitor who advertise a no fee no win basis. They are likely to give you a free half hours advice. However when you make the appointment exaggerated your claim otherwise they will not take you seriously. Take anyone you know with you who you trust and feel may understand the law.
If you feel I have been helpful contact me.
Haleigh Cummings:Nancy Grace, Misty Croslin and her various recent interviews.
Are any of you curious as to what is going on with a second unemployment extension?
Unemployment Extension
Monday November 17, 2008
November 17 Update: The National Employment Law Project is asking for assistance in getting the Senate to pass an unemployment extension. They suggest calling 1-800-473-6711, asking to speak with your Senators’ offices, and telling them that unemployment is a national crisis and that you need them to pass the Unemployment Compensation Extension Act of 2008.
The president signed it into law Thursday and they are supposed to begin the second extension Nov. 23rd...
Law Videos - Employment Law - Chapter 6
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Palin to Obama: 'Do your job, secure our border'
Former vice presidential candidate Sarah Palin joined the national battle over Arizona's controversial new immigration law Saturday, appearing with Gov. Jan Brewer in Phoenix to denounce the Obama administration's criticism of the law. (CNN) - Former vice presidential candidate Sarah Palin joined the national battle over Arizona's controversial new immigration law Saturday, appearing with Gov ... Law Talk Today: Episode 13 (Part 1/3)
Was told at time of expungment, by judge and lawyer, that it was as if it never happened. Yet, later found no firearms allowed. Ok! For employment purposes only. So they change wording on applications to make you out to be a liar if you say you've never had a record or even plead guilty or no contest. And no acceptance of application for employment with any law enforcement dept.. Not even as maintanence. What's the purpose of going through the legal steps and paying the fees if these questions are allowed to be asked on applications for employment. Does ones past have to haunt them for the rest of their life reguardless?
Your question is a little confusing. It sounds as though you thought your record would be clean as the conviction was expunged. Technically, the judge and lawyer are correct, if a search is done and no record of your conviction can be found.
If a search for your record is done, does the conviction show up?
If so, then it has not been expunged.
Convictions are for life unless you are pardoned.
Arrests show up on your record for life, regardless of the outcome (not guilty/guilty/dismissed, etc.).
If the court ordered your expunged cleaned, like you completed probation, kept your nose clean, then in my opinion, when asked by an employer if you have been convicted of ..... then you should respond no.
Your past does haunt you for the rest of your life. Anything you do in life is done. It is forever. We cannot go back and change the past. We can only confess our sins, seek forgiveness and move forward with the idea that we won't repeat the same mistakes.
We all make mistakes. No person reading your post is lilly white, including employers who ask you these questions.
[mage lang="" source="flickr"]employment law audio[/mage] Law Enforcement Officers: I would like to go to the academy; What's the best way to be selected?
I do not have a degree, but I have college experience and I went to an audio engineering school and graduated. I do plan on obtaining a bachelors degree for some opportunity to move up, but I may want to start the hiring process early? When does the polygraph come into play? What were your experiences with the Academy and employment selection process?
Most academies have a college requirement these days. Usually at least 60 hrs. If you don't have the 60 hrs, they won't even look at you for starting the process early, because you aren't eligible. The polygraph is usually around the middle of the process. After you complete the HUGE employment packet and meet the initial heigh/weigh requirements, there is usually a written test, then a video based test, a physical test (push ups, running, etc. Some even have an obstacle course). Then a polygraph, and a psychological test (oral and written). You then an interview with some white shirts (lt's, capt's, majors). Finally you will have a full physical exam and drug test. In my dept when I was hired, it was a six week process, with something to do at least each week. Everything you do gives you a combined score for your eligibility. Nerve racking, but worth it!
Here'S What Businesses Need To Know About The New Tax Law
The recently enacted "American Recovery and Reinvestment Act of 2009" (2009 Economic Stimulus Act) includes a wide-range of tax incentives. Extension of Bonus Depreciation Last year, Congress temporarily allowed businesses to recover the costs of capital expenditures made in 2008 faster than the ordinary depreciation schedule would allow by permitting these businesses to immediately write off 50% of the cost of depreciable property acquired in 2008 for use in the United States. The new law extends this temporary benefit for qualifying property purchased and placed into service in 2009. Extension of Section 179 In order to help small businesses quickly recover the cost of certain capital expenses, small business taxpayers may elect to write off the cost of these expenses in the year of acquisition in lieu of recovering these costs over time through depreciation. Last year, Congress temporarily increased the amount that small businesses could write off for capital expenditures incurred in 2008 to $250,000 and increased the phase-out threshold for 2008 to $800,000. The new law extends these temporary increases for capital expenditures incurred in 2009. Expanded Carryback of Net Operating Losses Prior to the new law, net operating losses (NOLs) could be carried back to the two years before the year of the loss and carried forward for the succeeding twenty years. For 2008, the new law extends the maximum NOL carryback period from two years to five years for small businesses with gross receipts of $15 million or less. Incentives to Hire Unemployed Veterans and Disconnected Youth Businesses are allowed to claim a work opportunity tax credit equal to 40% of the first $6,000 of wages paid to employees of one of nine targeted groups. The new law expands the work opportunity tax credit to include two new targeted groups: (1) unemployed veterans; and (2) disconnected youth. Individuals qualify as unemployed veterans if they were discharged or released from active duty from the Armed Forces during 2008, 2009 or 2010 and received unemployment compensation for more than four weeks during the year before being hired. Individuals qualify as disconnected youths if they are between the ages of 16 and 25 and have not been regularly employed or attended school in the past 6 months. Accumulated AMT and R&D Credits The new law extends the provision contained in the Foreclosure Prevention Act of 2008 and allows AMT and loss taxpayers in 2009 to receive 20% of the value of their old AMT or research and development (R&D) credits to the extent such taxpayers invest in assets that qualify for bonus depreciation. Delayed Recognition of Cancellation of Debt Income To benefit certain businesses that buy their own debt at a discount, the new law lets the businesses recognize cancellation of debt income over 10 years for specified types of business debt repurchased by the business in 2009 or 2010. Qualified Small Business Stock The new law increases the exclusion for gain from the sale of certain small business stock held for more than five years from 50% to 75% for stock issued after the enactment date and before 2011. S Corporation Holding Period The new law temporarily shortens the holding period of assets subject to the built-in gains tax from 10 years to 7 years. Estimated Taxes The new law decreases required estimated tax payments for individuals whose incomes primarily come from a small business in 2009. Rather than being required to make quarterly estimated tax payments based on 100% of their 2008 returns, the new law allows computation based on 90%. To qualify, the individual's adjusted gross income must be less than $500,000 and he or she must certify that more than 50% of the gross income shown on his or her return for the prior tax year was income from a small business. Income from a small business generally means income from a trade or business with an average number of employees of 500 or fewer.
About the Author
Prior to the new law, net operating losses (NOLs) could be carried back to the two years before the year of the loss and carried forward for the succeeding twenty years. For 2008, the new law extends the maximum NOL carryback period from two years to five years for small businesses with gross receipts of $15 million or less. http://www.provisionwealth.com
[mage lang="" source="flickr"]recent employment law news[/mage] Test Drive! Law School Paying Firms to Hire Graduates
The Law Blog chats with Jon Attanasio, the dean of the law school at SMU, about a new program that pays employers to try out SMU students and graduates before extending to them full-time employment. Workers Compensation News For 9/10/2008
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[mage lang="" source="flickr"]employment law courses australia[/mage] Best way for an American to get a job in Adelaide, South Australia?
I would very much like to move from the US to Adelaide, South Australia. It is my understanding that it is very difficult for an American to gain employment in Australia, so the better course of action is to acquire residency and then look for a job. However, and here is where the Catch-22 comes into play, in order to qualify for a visa, one must have a potential employer act as a sponsor.
I am 29 years old and have a law degree. If anyone has any relevant advice on how I might be able to secure some sort of employment, without having to acquire residency and risk not finding a job, I would greatly appreciate it.
It's not accurate to say that you must have a sponsoring employer to qualify for a visa. If you can pass the points test for an independent visa, you are free to come here and find employment after you arrive.
At 29, I assume that you have several years experience and this should make it possible for you to pass the points test with sufficient points for an independent visa.
Here are some specific links to guide you:
http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/index.htm
http://www.immi.gov.au/skilled/general-skilled-migration/175/eligibility-applicant.htm . This is the points test. You would need to take an IELTS test and score at least 7s across the 4 areas in order to get the maximum 25 points, but that should be no problem for a silver tongued American lawyer. Note that 29 is the cutoff for the highest 'age' points so you'll need to get a move on with your visa application.
http://www.immi.gov.au/allforms/booklets/books6.htm
As part of your visa application, you can elect to have your details placed on the Skill Matching Database which will improve your chances of finding employment before you come. You'll also find it easier to find work once your visa application is well underway and if you don't need for a prospective employer to go to the effort of actually sponsoring you.
Pendlebury Employment Law - Policy & Procedure
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MetroRail, church scandal, health care
MetroRail, church scandal, health care Famous Landmark Documentary On Racism In A United States Neighborhood / Video Film
If the Employment Non-Discrimination Act Becomes Law
The Employment Non-Discrimination Act is expected to take into law in the early administration of President Obama, which will become one of the biggest employment changes.
The corresponsive act is Title VII which now does not includes sexual orientation as a protected class. This bill would make modification to Title VII to prohibit discrimination based upon sexual orientation. President Obama has indicated that he would like the law to prohibit both sexual orientation as well as gender identity discrimination. Whether gender identity is ultimately included will be something to watch for.
Although federal law does not currently include sexual orientation or gender identity as a protected class, many state laws do provide that sexual orientation, gender identity or both are protected classes. Up to now, there are 13 states and Washington, D.C. that protect against both sexual orientation and gender identity. These states are California, Colorado, Connecticut, Iowa, Illinois, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.
What's more, there are currently 7 states that protect against sexual orientation but not gender identity. These states are Hawaii, Maryland, Massachusetts, Nevade, New Hampshire, New York and Wisconsin.
What kind of new effect will this new federal law bring to your company? In order to have good preparation, employers should do as follows:
Add sexual orientation as a protected class in their EEO Policy
Add sexual orientation as a protected class in Anti-Harassment Policy
Amend their Employment Application EEO paragraph to prohibit sexual orientation discrimination;
provide training for managers and employees so that they understand what sexual orientation discrimination and harassment exactly mean.
Ending employment discrimination is good social and business policy. All employees may benefit psychologically if discrimination based on sexual orientation were eliminated in the work place.
About the Author
Our Postersolution.com Shaing knowledge about law law and updated labor law news. Provding labor law compliance
Workers Compensation News For 4/1/2008
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[mage lang="" source="flickr"]california employment law summary[/mage] President signs new Hire Act
The new Hiring Incentives to Restore Employment Act (HIRE Act), signed by President Obama March 18, creates new tax breaks... Prop 8 Trial Re-enactment, Day 2 Chapter 4
The afterward commodity lists some simple, advisory tips that will advice you accept a more good acquaintance with Based Health Insurance .
I assurance that what you’ve apprehend so far has been informative. The afterward area should go a continued way against allowance up any ambiguity that may remain.
Ask any accumulation of bloom action experts whether they would accept put in abode our employment-Based Health Insurance system, had they had the affluence of designing our bloom adjustment from scratch, the aural acknowledgment best acceptable would be “No.” In fact, no added automated country has absolutely this arrangement. It is abnormally American in agent and in modus operandi.
Our employment-based adjustment was not the artefact of a anxiously advised bloom policy. It was a byproduct of artifice insurance controls during Apple War II.
At the time it was anticipation that, as the nation’s drafted aggressive cadre risked their limbs and activity on adopted battlefields at low, deeply controlled pay, those who backward abaft should accept their accomplishment controlled as well.
But with the flash of the eye with which Congress commonly puts loopholes into the tax laws or regulations it imposes, the allowance controls imposed in Apple War II did not extend to binding benefits. And thus, employer-paid binding benefits, including employment-based bloom insurance, were born.
As was acclaimed in aftermost week’s post, Congress added encouraged the advance of employment-based bloom allowance by alleviative the employers’ addition to their employees’ bloom allowance as a tax-deductible business expense. On the added hand, it was additionally not beheld as taxable advantage of the employee.
Remarkably, and absolutely unfairly, that tax alternative was not accepted to families affected to acquirement bloom allowance on their own. They had to shop for it with after-tax dollars.
From the angle of active Americans and their families, this archetypal appears to accept served them analytic well. In assessment surveys, over 80 percent of the respondents about acknowledge themselves annoyed with that coverage. It can explain why Americans accept developed so absorbed to that adjustment and why so abounding politicians are agog to bank it up.
From the angle of health action experts, however, that access has austere shortcomings.
First, it keeps blurred who absolutely pays for the health affliction acclimated by employees.
Both administration and advisers assume to accept that the “company” absorbs the amount of the employer’s contributions to the accumulation health insurance premiums for their advisers — about 80 percent of the premium.
Employers accept that these costs charge either be recovered through the prices of the appurtenances or casework they advertise (i.e., casual forth the ascent costs of bloom affliction to their barter in the anatomy of college prices), or taken out of the acknowledgment to the company’s owners. On that belief, American admiral now accuse pitiably that the aerial amount of American bloom affliction makes their enterprises uncompetitive in the all-around marketplace.
For their part, advisers tend to appearance employer-paid bloom allowance as a gift, on top of their pay. Therefore they see little claimed accretion in attempts to ascendancy the amount of their care.
Most economists are abiding by approach and affirmation that, over the best run, the contributions administration accomplish against the binding allowances of their advisers appear out of the employees’ take-home pay. Economists anticipate of administration as pickpockets, so to speak, who booty a block of the employee’s absolute advantage and shop for with it whatever binding allowances they “give” their employees. That action blinds advisers to the appropriate that their bloom affliction makes into their families’ livelihood.
A additional above shortcoming of employment-based bloom allowance is that it is alone temporary. It is angry to a accurate job in a accurate company, and it is absent with that job. Nowhere abroad in the automated apple does a family, already bottomward on its luck over a job loss, additionally ache the accident of its bloom insurance. It happens alone in America, beneath employment-based insurance.
Finally, the accumulation health-insurance premiums administration pay to clandestine insurers are “experience rated” over that employer’s accumulation of employees. This agency that the accumulation exceptional is based on the claims acquaintance – that is, the bloom history — of aloof that baby accumulation of employees.
For baby employers, it can beggarly that if austere affliction befalls one or several advisers in the group, it can acutely and unpredictably drive up the exceptional for every agent in the group. Not surprisingly, alone 49 percent of administration with three to nine advisers sponsored bloom allowance for their advisers in 2008, as did alone 62 percent of administration with three to 199 workers (Exhibit 10 here).
The cold of accepted bloom ameliorate efforts should not be to abate the employment-based adjustment to which so abounding Americans feel attached, breakable and big-ticket as that adjustment may be. Instead, the aim should be to advance a robust, alongside adjustment of absolutely carriageable allowance that individuals or families can acquirement on their own, in a appropriately adapted and organized market, with accessible subsidies area accounted necessary. As my beforehand posts to this blog approved to explain, this can be done in a array of ways.
The success or abortion of the accepted efforts by President Obama and Congress to ameliorate the American bloom adjustment can be gauged by the amount to which that ambition has been able a year from now. If success in this attention serves to compress the acceptable employment-based allowance system, so be it.
That’s the most recent from the Based Health Insurance authorities. Once you’re accustomed with these ideas, you’ll be accessible to move to the abutting level.
About the Author
http://www.theseinsurance.com
Ellen Simon | Smoking Bans | Age & Workplace Discrimination | Sick Pay
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The Canadian government has passed a new citizenship law that resolves a variety of issues about Canadian citizenship (Bill C-37). Buried in that law is a provision that has passed unnoticed, until now, which puts limitations on the Canadian citizenship rights of some internationally adopted children. Recent articles in the National Post, the Globe & Mail and the Ottawa Citizen have brought these provisions to the attention of the adoption community.
Although this new law came into effect on April 17, 2009, I hope it is not too late for adopting parents to express their views. Also read Complex Citizenship Laws Anger Adopting Parents). The provisions of the new law are complex, so I have set out a series of questions and answers at the end of this article, which I hope will clarify the finer points of the new rules.
A good way to begin understanding the issues is to read the newspaper articles "Critics Fear Two-Tier Citizenship" and "Citizenship Changes Could Create Inferior Citizens". For the perspective of Robin Hilborn of Family Helper, see "Canadian law denies citizenship to children of foreign adoptees" http://www.familyhelper.net/news/090129citizenship.html
Essentially the legislation provides that the children of some internationally adopted children will not have a right to Canadian citizenship. In practice, this is likely to affect only a small proportion of all adopted children. What upsets adopting parents, however, is the notion that their children will have a lesser class of citizenship. In effect, the children are being discriminated against. Adopting parents do not want to feel that their children are second-class citizens.
Adopting parents in Canada are losing their tolerance for being discriminated against. Resentment at the inherent discrimination against adopting families built into the EI legislation has been simmering for the past decade (for a detailed description of the discrimination which adopting parents feel about this subject, see our earlier Spotlight, "Adoption in the Workplace"). Now a new law that discriminates against their children is going to have a galvanizing effect on the adoption community.
The Annual Report to Parliament on Immigration, 2008, begins with the following words:
"The Citizenship Act, under which CIC grants citizenship to eligible newcomers, affirms that all Canadians have the same rights, privileges and responsibilities whether they are citizens by birth or naturalization."
That changed April 17, 2009. In an attempt to solve the problem of Canadian citizenship being handed down generationally to people who don't actually live in Canada, the government has reduced the citizenship rights of some internationally adopted children, and effectively created a lesser class of citizenship for them. Was this really necessary? It feels like a sledgehammer was used to kill a flea. Could not a more elegant solution have been found to actually deal with the perceived problem?
The Report of the Senate Standing Committee, which reviewed Bill C-37, states:
"Such a distinction would grant citizenship to a first generation born outside Canada while denying it to their children and subsequent generations were they to be born abroad. Such a provision strikes your Committee as arbitrary and unfair."
The Committee also added: "Rather, the Committee urges the government to ensure that all aspects of new citizenship legislation are Charter-compliant and consistent with Canadian values".
As a result of concerns by the Immigration Department about the confusion surrounding the new law, it recently issued a clarification.
In a published response to the concerns of adopting parents, the Minister states:
"Critics have entirely missed the point of how changes to our citizenship law, which come into effect on April 17, 2009, will protect the value of citizenship."
I don't think that is true. Adopting parents probably do understand the concerns that the government has about protecting the integrity of Canadian citizenship. It is the specific solution, which the government has come up with that they are protesting.
It is an insult to adopting parents to say that their children now have a lesser class of Canadian citizenship. The government needs to rethink these provisions and find a solution that does not put limitations on the rights of citizenship for internationally adopted children. The government should find a solution which fits the actual problem. This article is a call to action for adopting parents. Adopting parents who wish to make their views known to the government should do so immediately. Prior to doing so, however, please read the questions and answers set out below. The law is quite technical and there is already confusion about who the law would apply to. This is not helped by the government's own website, which is not clear. If, after reading the article and the new rules, additional questions arise that should be asked in the list below, please send them to me and I will add them to the article.
For the purposes of this article, I will use the terms Class A citizenship to refer to full-rights citizenship and Class B to refer to the new, lesser-rights citizenship.
Q1. Who does the new law apply to? A. The new law applies to adopted children who receive their citizenship abroad, pursuant to the new direct citizenship provisions enacted in Canada on December 23, 2007. [See also Q10 below]
Q2.Who is not subject to the new rules? A. The new rules do not apply to the following:
(a) adopted children born in Canada;
(b) Internationally adopted children who come to Canada on a permanent resident visa and subsequently obtained Canadian citizenship after their arrival in Canada. Up until now this has been the situation of most (but not all) children adopted overseas and brought to Canada. They will not be affected by the new rule, despite what it says on the Canada Immigration website. The web posting "New Citizenship Rules" states: "This limitation will also apply to foreign-born individuals adopted by a Canadian parent. The adopted children of Canadian citizens will be considered to be the first generation born abroad. This means that: If a person born outside Canada and adopted by a Canadian parent has a child outside Canada, that child will not be a citizen by birth;........"
This information is misleading. In a clarifying email from the Ministry of Citizenship & Immigration (which doesn't seem to be posted anywhere at the moment), an official makes it clear that the restriction on obtaining Canadian citizenship only applies to situations described in the above quote and where the parent of the child born outside of Canada originally was granted Canadian citizenship overseas pursuant to the new 2007 direct to citizenship route. This misstatement on the government website has caused some parents to believe that the new law will apply to their children, when in fact it will not.
(c) The new law will not apply to children who would normally fall into the Class B citizenship definition, but whose parent is working overseas with the Canadian government (Federal or Provincial) or serving overseas in the armed forces. Instead, these children will have Class A citizenship. However, children whose parents are working for Canadian corporations, the United Nations, who are on vacation, or who are otherwise travelling outside of Canada do not get this exemption and will have Class B citizenship. This is a distinction which is hard to justify. If you work for one kind of employer your children are Class A citizens, and if you work for a different kind of employer your children are Class B citizens. Surely there is a better way to sort this out.
Q3. What is the most serious consequence of this new law? A The most serious consequence that is evident at this time is that a child born overseas to an adopted person has a reasonable chance of being a "stateless individual" (this would be the adopting parents' grandchild). This leads to a number of questions:
(a) Why would this happen? - Only some countries grant citizenship to a child born in their country (Canada and the USA being examples of countries that do that). Many countries rely on the citizenship of the child's parents or some other criteria. The child would be born stateless if they did not derive a citizenship through either parent and they are also born in a country where birth on soil does not give access to citizenship. As a stateless person, the child would have no obvious way to come to Canada.
(b) Is there a remedy? - A child of a Canadian who was born stateless abroad would have the option of applying for a grant of citizenship on the basis of statelessness. The amended Citizenship Act has provisions for granting citizenship to stateless children of Canadian citizens, but the child must first live in Canada for three years. This stateless child would have neither a passport nor a right to enter Canada, so it is not even clear how the child could travel to Canada to establish residence. One can only hope that there will be a benevolent immigration officer overseas who has empathy for the predicament that the Class B Canadian citizen finds himself in, and will grant the stateless child some sort of visa to come to Canada. This event will be 20, 30 or 40 years into the future. It is hard to predict what the world will look like then in terms of population and pressures on the Canadian immigration system. What will immigration officers say to a Class B Canadian citizen in 30 years who wants to bring their stateless child back to Canada? Adopting parents today will be the grandparents of that child. We can all hope it's a sympathetic response.
(c) Any born-abroad Canadian adopting parents could immediately face the problem outlined in (b) above. Again, this is because the provisions of the new law apply to children born outside of Canada as well as to those adopted.
Q4. What happens if my adopted child has Class B Canadian citizenship and gives birth to a child overseas? A That child, your grandchild, will not acquire Canadian citizenship. He or she may be eligible to be sponsored as a permanent resident, and then apply for citizenship as soon as he or she becomes a permanent resident.
Q5. How does it work for subsequent generations? Do they have Class A or Class B Canadian citizenship? A Generational Chart Showing Whether Descendants have Class A or B Canadian Citizenship Rights:
ParentsChild
First Generation (Adopting Parents)
N/A
Second Generation (your adopted child)
If this child receives Canadian Citizenship overseas under the 2007 law, he/she will have Class B Canadian Citizenship
Third Generation (your grandchild)
If the child of the adopted child above is born outside of Canada, he/she will not be entitled to automatic Canadian Citizenship. The child may apply to enter Canada on a Permanent Resident Visa. If he/she subsequently obtains Canadian Citizenship, then it will be a Class A Citizenship.
Fourth Generation (your great-grandchild)
The child of this Class A citizen parent, if born inside Canada, (the Adoptive Parents' great-grandchild) will have Class A Citizenship.
Q6. Can I do anything to avoid this new law if I am going to adopt a child in the future? A Yes you can. Do not use the new direct citizenship route for children adopted overseas. Only use the old route of applying for a permanent resident visa for the child, and after the child is landed in Canada apply for Canadian citizenship. This child will have a Class A Canadian citizenship.
Adopting parents report that they are consistently advised by Canada Immigration officials to use the new direct citizenship route. Anyone considering which route to follow should read our previous Spotlight - Citizenship for Adopted Children: Canada's New Law for 2008. In addition, adopting parents should obviously think about whether they wish their children to have Class B Canadian citizenship, and what effect that might have on their grandchildren.
Q7. Does the new law contravene the Charter of Rights? A I don't know. The government has not invoked the "Notwithstanding Clause" under the Constitution of Canada, so the Charter does apply to this legislation. In the 1998 McKenna case, the Canadian Human Rights Code was used to say that it was discriminatory to adopted children not to be able to obtain citizenship overseas. It was this case that 10 years later finally led to the new citizenship law of 2007 permitting just that. On the other hand, adopting parents were not successful in invoking the Charter of Rights to overturn the inherent discrimination in the EI legislation in the 1997 Schafer case. It does seem likely that eventually someone will challenge this notion of Class B citizenship for adopted children under the Charter of Rights. A Charter challenge could also come based on discrimination against persons born abroad to Canadian citizen parents.
Q8. Are the new rules retroactive? A Section 3 (4) of the Citizenship Act states:
"Subsection (3) does not apply to a person who, on the coming into force of that subsection, is a citizen."
What does this clause mean? It means that if you are a citizen on the day the new law comes into force, then you will not lose your citizenship. Unfortunately, the Immigration Department is interpreting this to mean that a person will not lose their Canadian citizenship, but the new provisions will change the quality of your citizenship.
So, for the adoption world, the law will be retroactive and will have the following three results:
(a) Children who have been adopted and obtained their Canadian citizenship overseas since December 23, 2007 will have their Canadian citizenship downgraded from Class A to Class B on April 17, 2009. This will come as an unhappy surprise to Canadian adopting parents, who have pursued the direct citizenship route as a result of non-stop directions from Canada Immigration officials to adopting parents to take the new route; and
(b) Adopting Parents who were born to Canadian parents overseas and acquired Canadian citizenship as a result. Any adopting parents in this category will have their citizenship changed from Class A to Class B on April 17, 2009. As a result, when they adopt overseas, their children are not entitled to direct Canadian citizenship. Their only route will be to sponsor the child as a landed immigrant, obtain a permanent resident visa, and subsequently apply for Canadian citizenship.
(c) Adopting Parents who were adopted overseas themselves as a child, and then became Canadian citizens through the Permanent Resident Visa process. The new law will NOT affect these adopting parents as they have Class A citizenship. Their adopted children will be eligible for direct citizenship (albeit Class B). If these adopting parents use the Permanent Resident Visa process, however, their adopted child will have Class A Canadian citizenship.
A CIC official has verbally confirmed that these provisions are retroactive. We have requested that the government confirm to us, in writing, that the law is retroactive. We will update this section when we receive the government's written answer.
Q9. Does this new law only apply to adopted children? A No, in addition to adopted children, the new rules apply to children born outside of Canada, unless their parent(s) fit within a specific definition. In addition, Bill C-37 (the new law) also deals with many other citizenship issues unrelated to adoption.
Q10. If I am adopting parent who was born abroad to Canadian parents, can I adopt overseas? A You can adopt, but if you are single you will not be able to use the direct citizenship route. Your child will have to be admitted to Canada with a PR Visa. The reason for this is that the new law applies to children of Canadians born to Canadians overseas, as well as to those adopted overseas. However, if you are married to a Class A Canadian citizen, then you will be able to use the direct citizenship route.
Q11. Is there any "patch" that the government could use to repair this law? A The application of the new law should be suspended until the adoption community has a real chance to have input, and perhaps a better solution is found. One suggestion being proposed would provide an exception to the new law if the adopted child lived in Canada for a certain unspecified period of time. In other words, the child would start with Class B Canadian citizenship, and if the child eventually qualified by living in Canada for a certain period of time, they would graduate to Class A Canadian citizenship. Whether this would be a satisfactory solution for Canadian adopting parents remains to be seen. Note: These concerns are not limited to children adopted abroad, but also apply to children born abroad. The implications of this law are likely to be seen more immediately for born-abroad Class B citizens than adopted-abroad Class B citizens.
Q12. Why was the adoption community in Canada not consulted before this law was brought into force? A The adoption community in Canada was unaware of these new rules until articles appeared in the press in mid-January, 2009. How did this happen? - Bill C-37 received royal assent on April 17, 2008. It came into force on the first anniversary of that date, April 17, 2009. For over a year preceding the passing of the new law, the government consulted with various interest groups who could be affected by changes to the Citizenship Act. It does not appear to have been made clear, however, that a Class B citizenship would be created for children adopted overseas. On December 13, 2008, the regulations under this new Act were published in the Canada Gazette, and provided for a 30-day comment period. Unfortunately, this comment period extended over the Christmas and New Year's vacation and expired in early January. Buried in the comment attached to the Canada Gazette was the statement , "The aforementioned limitation will also apply to foreign-born persons adopted by a Canadian parent". It was only when these proposed regulations were published that one person noticed this and has been raising an alarm for the past few weeks.
Surely, if the Government of Canada was going to do something as dramatic as create Class B citizenship rules for adopted children in this country, it is incumbent on them to really bring this to the attention of adopting parents, the Adoptive Families Association, the Provincial Adoption Bureaus, Adoption Agencies across Canada, and the Adoption Council of Canada. It is incredibly dismissive of the adoption community to have been treated in this manner by the government.
Q13. What can I do to stop this new law? A Perhaps nothing. The new law (Bill C-37) has been passed, given Royal assent, and the regulations under it are in force. Some parents are currently considering filing a complaint with the Canadian Human Rights Commission. And, of course, someone with deep pockets could take a Charter of Rights challenge to try to have the law declared unconstitutional. On the other hand, perhaps adopting parents in Canada can speak out with one voice and object to what has happened. Adopting parents in Canada represent a potent political force. To date, this has been largely untapped. It is time that the Canadian adoption community make its influence felt. There is no reason why we cannot have an Adoption Caucus of MPs and Senators who listen to what's important to the adoption community in Canada. The natural focus of these efforts could be the Adoption Council of Canada, which can harness some of the tremendous energy and opinions of adopting parents in this country. Hopefully, this issue of Class B Canadian citizenship for some internationally adopted children will provide a focus for adopting parents to work together.
In the meantime, parents who wish to comment on what has happened should contact their Member of Parliament and the Adoption Council of Canada.
About the Author
Mr. Douglas Chalke has been the Executive Director of Sunrise Family Services Society (a British Columbia government licensed adoption agency) since its inception twelve years ago. Mr. Chalke has considerable experience with international adoption and has visited orphanages and government ministries across the world. Mr. Chalke is an administrator with many years experience assisting children to find homes in Canada, and in assessing, educating and approving the families who are going to provide those homes.
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Gross v. FBL Financial: Requiring “But-For” Causation in All Age Discrimination Cases
In a 5-4 decision, the U.S. Supreme Court determined that the burden-shifting standard applicable to “mixed-motive” discrimination cases brought under Title VII specifically does not apply to age discrimination cases brought under the ADEA, pursuant to the plain statutory language of the ADEA. In Gross v. FBL Financial Services, Inc., ___ U.S. ___, 129 S.Ct. 2343 (2009), a plaintiff asserting a disparate treatment claim under the ADEA must prove that age was the “but-for” cause of an adverse employment decision, not merely one “motivating factor.” The decision finds that while mixed-motive cases are permitted under Title VII, they are not permitted under the ADEA.
In 2003, FBL Financial Group reassigned long-term employee Jack Gross, then 54 years old, from his position as claims administration director to claims project coordinator. FBL also transferred many of Gross’ duties to a slightly younger female employee who once reported to Gross and who was assigned the newly created position of claims administrative manager. Gross and the female employee received the same compensation – the same compensation Gross had received before the transition—but Gross considered the new position and reallocation and reduction of his duties a demotion.
In 2004, Gross filed suit in the Southern District of Iowa, alleging that his reassignment was based, at least in part, on his age in violation of the Federal Age Discrimination in Employment Act (“ADEA”). Gross presented evidence that FBL’s actions were based at least in part on his age. FBL claimed that it reassigned Gross as part of a corporate restructuring and that Gross’ new position was better suited to his skills.
The district court judge gave the jury a “mixed-motives” instruction, telling the jury that it must find in favor of Gross if he proved, by a preponderance of the evidence, that FBL had demoted him and that his age “was a motivating factor” for doing so. The trial court further instructed that age was a “motivating factor” if it “played a part or a role in FBL’s decision to demote” Gross. The judge instructed the jury that it should find in favor of FBL if FBL proved by a preponderance of the evidence that it “would have demoted Gross regardless of his age.” The jury returned a verdict in favor of gross for about $47,000. FBL appealed.
On appeal, the Eighth Circuit reversed and remanded, stating that the jury had been incorrectly instructed under the burden-shifting standard established in Justice O’Connor’s concurring opinion in Price Waterhouse v. Hopkins, 490 U.S. 228, 276 (1989), a Title VII discrimination case. Under the Eighth Circuit’s interpretation of Price Waterhouse, a plaintiff must first use direct evidence to establish a prima facie case of discrimination, creating a rebuttable presumption of discrimination. The burden then shifts to the employers to demonstrate that it would have taken the same action regardless of any impermissible considerations of age or the like, which then voids the presumption of discrimination. The question then becomes one of whether unlawful discrimination occurred.
Gross conceded that he had not presented direct evidence of discrimination – evidence showing a specific link between the allegedly illegal motive and the adverse employment action. As a result, the Eighth Circuit determined that a mixed-motive instruction was not warranted at all and the entire burden of persuasion should have remained with the plaintiff at all times. The Circuit Court ruled that the trial court should have instructed the jury only to determine whether Gross proved that “age was the determining factor in FBL’s employment action.”
The Supreme Court granted certiorari to decide the issue of whether a plaintiff must present direct evidence of discrimination to obtain a mixed-motive/ burden-shifting instruction in a non-Title VII discrimination case. Indeed, as Price Waterhouse itself was a splintered decision on the Court, and only Justice O’Connor’s concurrence, joined by Justice White, required a presentation of direct evidence to effectuate the burden shift.
The Title VII mixed-motive standard does not apply to ADEA claims
Although the Supreme Court granted certiorari on – and the parties briefed and argued – the “direct evidence” issue, that is not ultimately the question answered by the Court. Instead, the Court decided that it first had to determine “whether the burden of persuasion ever shifts to the party defending an alleged mixed-motives discrimination claim under the ADEA” if the employee does produce direct evidence of an improper motive.” Gross v. FBL Financial Services, Inc., ___ U.S. ___, 129 S.Ct. 2343, 2348 (2009) The Court held that it does not.
The Court first addressed whether Price Waterhouse and the Title VII mixed-motive standard applies to ADEA cases, since the statutes are worded differently. Title VII was amended in 1991 to enable “mixed-motive” claims – enabling an employee to win by showing that an improper consideration was “a motivating factor,” even if it was not the sole motivating factor. In such mixed-motive cases, once a plaintiff proves that membership in a protected class played a motivating factor in an adverse employment action, the burden shifts to the employer to prove that it would have made the same decision even if it had not taken that factor into account.
Since Price Waterhouse, the Eighth Circuit, like numerous other courts, had extended the Title VII mixed-motive burden-shifting analysis of Justice O’Connor’s concurrence to ADEA cases. See, e.g., Gross v. FBL Financial Services Inc., 526 F.3d 356, 359 (8th Cir. 2008) (citing Erickson v. Farmland Indus. Inc., 271 F.3d 718, 724 (8th Cir. 2001)).
However, the Supreme Court pointed out that Congress did not extend the mixed motive language to the ADEA, which states that it is unlawful for an employer to discriminate against an employee “because of such individual’s age.” 29 U.S.C. section 623(a). The Supreme Court found it significant that while Congress amended Title VII to allow mixed-motive claims, it did not similarly amend the ADEA when given the opportunity. 129 S.Ct. at 2345.
The Court held that the words “because of such individual’s age” mean that age must be the reason that the employer took the action in question. As a result the Court found that “a plaintiff bringing a disparate-treatment claim pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of the challenged adverse employment action,” not merely a “motivating factor.” 129 S.Ct. at 2352. Accordingly, there is no burden-shifting in ADEA cases; the employee retains the burden of persuasion throughout. An employer need not show that it would have made the same decision regardless of age, even if the employee produces direct or circumstantial evidence that age may have been a contributing factor in the adverse action. Id.
The Court never had to answer the question that was actually briefed and argued because a Title VII mixed-motive jury instruction is never appropriate in ADEA cases. The Court vacated the Eighth Circuit’s decision and remanded the case for further proceedings.
Justice Stevens authored a dissent, joined by Justices Souter, Ginsburg, and Breyer, stating that he disagreed “not only with the Court’s interpretation of the (ADEA), but also with its decision to engage in unnecessary lawmaking. I would simply answer the question presented by the certiorari petition and hold that a plaintiff need not present direct evidence of age discrimination to obtain a mixed-motives instruction” Id. at 2353. The dissent argued that Price Waterhouse is controlling and it was inappropriate for the Court to “adopt an interpretation of the causation requirement in the ADEA that differs from the established reading of Title VII.” Id. The dissent also disagreed that Congress’ decision to amend Title VII and not the ADEA was indicative of any specific intent by Congress to preclude mixed-motive cases under the ADEA, and in fact finds “some evidence” that Congress intended for the 1991 amendment to apply to ADEA claims as well as Title VII claims. Id. at 2356
CONCLUSION
The Gross opinion clearly eliminates a plaintiff’s ability to bring a mixed-motive claim under the ADEA. The decision makes it equally clear that the amended statutory language makes mixed-motive cases viable under Title VII, though it is still unclear as to under what circumstances a plaintiff is entitled to a mixed-motive instruction, as the Supreme Court did not reach that issue in Gross as expected. It is equally unclear as to what standard a court should apply – and how it should instruct the jury – in cases where both ADEA and Title VII claims are involved.
Plaintiffs seeking to bring age discrimination lawsuits that may be based on mixed-motive claims should look to applicable state court statutes, which likely have a less stringent standard that the ADEA.
The impact of Gross is widely predicted to be short-lived, however, as many practitioners theorize that Congress will soon respond to this ruling and pass a bill amending the ADEA to allow mixed-motive cases under that statute. Such an amendment would make this ruling moot. However, the majority opinion in Gross expresses overall skepticism about the burden-shifting of Title VII mixed-motive cases, stating that “(w)hatever the deficiencies of Price Waterhouse in retrospect, it has become evident in the years since that case was decided that its burden-shifting framework is difficult to apply.” 129 S.Ct. at 2352. Such a comment might indicate that the Supreme Court would also do away with Title VII mixed motive analysis if given the opportunity.
One lasting impact of the Gross decision, however, is its indication of the sharp divide on the Court. If Judge Sotomayor is confirmed as the next Justice, replacing Justice Souter, this divide is unlikely to change, as Souter sided with the dissent. Should another Justice retire during President Obama’s term, however, the appointment of another Justice may shift the Court’s balance of power in employment cases.
About the Author
Mr. Gray is a partner of Zuber & Taillieu LLP, where he specializes in employment law. He earned a J.D. from Loyola Law School, where he graduated second in his class, and was Chief Note and Comment Editor of the Law Review.
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All over the premises WITH AUDIO...even in the dressing room where employees changed clothes! I found out about this recently and since then have quit. I never signed any disclaimer allowing this. Can I sue? I heard employment law lawyers only collect fees from what they win but isn't this more of a privacy law case? I am in Illinois and I know any video/audio need to have signs posted alerting people of their presence.
Even if I don't sue this is wrong and needs to be stopped. What would you do?
Having a video camera and dressing rooms and bathrooms are illegal in every state, and yes that is a privacy thing and yeah you call the police and they will either shut them down until they get rid of it call the media and tell them and they will post it so ppl Willl no longer go there that is perverted more than anything! good job for quiting but you can't sue them unless you have been violated, like your ex boss has video tapes of you and stuff others wil be able to sue BUT what you should do is call a lawyer they will be able to tell you if you have a case for free. good luck and let others know of that cuz that is gross and illegal. good luck
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Should political orientation be added to the list of discrimination no-nos in employment, tenancy, etc.?
From what I can understand, some liberal and conservative civilians hate each other so much because of current events, each side believes the other wants to destroy the US. Personally, I don't think it's impossible for a scuffle, an employment/service discrimination, or even a murder to arise between a liberal and a conservative who are both civilians. Therefore, it may be necessary to add political beliefs to the list of grounds businesses and law enforcement are forbidden to discriminate on for the same reason we have sexual orientation and ethnicity.
You can change or conceal your politics pretty easily if you start running into trouble. And no one can tell how you vote.
I'd think ordinary protection under the law should be sufficient. If someone beats you up for being a registered member of the Libertarian National Socialist Green party, for instance, it should be enough that he beat you up.
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Sometimes people become confused as to exactly which category of employment they fall in to. Of course there is the permanent employee or the casual or part-time or permanent part-time or even the independent subcontractor. The real difference between the various categories of employment is whether there is a contract of service or a contract for services.
Employment arises in a number of contexts particularly given the social diversity of our workforce today. Due to job sharing, permanent part-time employees are becoming more and more acceptable in the Australian workforce. Of course the predominant type of employee is the full time permanent employee on which the majority of businesses throughout Australia rely. This may have something to do with the fact that 75% of all business transacted throughout Australian is carried out by small to medium enterprises.
Essentially the type of employee that you are is normally set out in a letter of appointment, a contract of employment, an award or other industrial instrument including Certified Agreements or Australian Workplace Agreements or as otherwise agreed with the employer. Irrespective of the documents evidencing employment, employees are often issued with job descriptions or specifications covering the type of work they are required to carry out. It is becoming more prevalent for employees to be issued with letters of appointment and/or contracts of employment given the deregulation of the Australian workplace.
Often, employees other than full time employees work fewer hours, although with casuals this may not necessarily be so. Sometimes there is confusion as to whether casuals and part-time employees are one and the same. The essential difference between the two is that with part-time employees there is the pre-arranged regularity of the hours of work. In other words, part-time employees work on a regular and systematic basis whereas with casuals there is a certain informality, uncertainty and irregularity of engagement. It should be pointed out that where casual employment is becoming regular and systematic it may be deemed that the person has become a permanent part-time employee, particularly where they have the expectation of ongoing employment.
One of the most telling differences is that a part-time employee is generally entitled to exactly the same benefits and entitlements as a full time employee except on a pro-rata basis. Their pay includes sick leave and annual leave and their pay rates are not as high as casual employees. One of the best ways to distinguish a casual employee from a permanent part-time employee is to look at the appropriate award or industrial instrument to determine whether they fall within the definition of casual employee. In some cases the employer may have mistakenly described their type of employment as they may not be fully conversant with the legal distinctions between these two classes of employee.
It is always worthwhile to check the award or industrial instrument governing the type of employment and this applies equally to other categories of employee. It is extremely important to remember that normally casual employees have no guarantee of work beyond their current hiring which could be for one hour, several hours, one or more days or a week. Note that with casual employees there is usually a loading built into the rate of pay for casuals to compensate for the lack of permanent employment benefits. The services of a casual employee can be terminated at any time without notice by either party.
Under the NSW Industrial Relations Act and the Federal Workplace Relations Act there is no protection given to casual employees as they belong to one of the classes which is expressly excluded from the unfair dismissal regime set out in those acts. Casual rates of pay are normally 20% higher than standard rates. Remember with casual employees the work is normally irregular, may involve working on different days of the week, is on an on-call basis, wages are paid following each engagement, loadings are paid to compensate for not being a permanent employee and they may refuse to work for the period specified.
Where the work of a casual employee becomes regular and systematic such that they work the same numbers of hours per week prescribed for permanent employees, then, under many awards where they work for at least one month or in the case of metal industry workers, where they work for at least 6 months in this way, then they may become permanent employees. Irrespective if they have been employed by the same employer on this basis for an extended period of time they will have a right to long service leave.
Employee or Independent Contractor
Not all people who perform work are employees as some are independent contractors frequently called independent sub-contractors. The major difference between an employee and an independent contractor is that the former receives a salary or wages for services rendered whilst an independent contractor is a person who carries on trade or business themselves. The employee provides services under a contract of service and the independent contractor under a contract for services. The concept of control is essential to determining when a person falls into one category or the other. In some cases the law construes a person as being a deemed employee which has certain consequences for such individuals e.g. in the areas of workers compensation and taxation. Graphic design and advertising agencies are cases in point as much of the work that they have is subcontracted to other persons to undertake. These subcontracting or independent contracting relationships may arise because the principal contractor who is servicing the client needs to access independent expertise and thereafter manage the outcome.
About the Author
Frank Egan is the Chief Executive Officer of LAC Employment Lawyer
and has over 27 years of experience as a lawyer.
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Chinese government officials and academics have started planning the country's first draft immigration law to better manage the increasing number of immigrants. Living in Abundance and in Thailand at the same time!!
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my wife is the country manager of an american company here in the philippines -she and her staff are overloaded with work and often work 12-16 hours per day -i told my wife that as they have not recieved any bonus for the past two years they should be paid overtime .
She has agreed to pay overtime to all the other staff but will not pay herself (because she is the manager),i told her as she is also working overtime she should also be paid for it -she told me as she is manager she is not allowed by law to recieve overtime payment -is this true -please can anyone advise me .this seems so unfair -she is very loyal to her company and it does not seem fair .
Normal hours of work: The normal hours of work of any employee shall not exceed eight (8) hours a day.
Meal/Break periods: Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. Rest periods of short duration during working hours shall be counted as hours worked.
Night shift differential: Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning
Overtime work: Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
Right to weekly rest day: It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days. The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.
Compensation for rest day, Sunday or holiday work: Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays. Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.
Right to holiday pay: Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers. The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and as used in this Article, “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election.
Right to service incentive leave: Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment. The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.
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UK Company Law
UK Company Law
by Marcis Liors Skadmanis, Lawyer
Contents:
1. Introduction
2. Company formation & trading structure
3. The Sole trader (Self-Employed)
4. Partnership (Self-Employed)
5. Partnership Agreement
6. Limited liability partnerships (LLPs)
7. Private limited company
8. Single member companies
9. Type of share
10.Shareholders' agreement
11. Private company limited by guarantee
12. Private unlimited company
13. Public limited company (plc)
14. Community Interest Companies (CICS)
15. Listed companies
Source
1. Introduction-
The United Kingdom has enjoyed a system of company registration since 1844. In these days, company registration matters are dealt with in law, by the Companies Act 1985 and the updating legislation contained in the Companies Act 1989. Companies’ Acts have been around for the last 150 years, and are designed to set the framework in which companies with limited liability must work. The Companies Act 2006 received Royal Assent on 8th November 2006 and effectively replaced existing company legislation by re-writing, updating and modernizing company law.
Business today is often a multi-national activity. British companies may carry on activities in other states and companies from other jurisdictions may carry on business in the United Kingdom.
English law provides two main types of organization for those who wish to associate in order to carry on business for gain: partnerships and companies.
Public companies are permitted to invite the general public to subscribe for the shares, whereas private companies are not. The shares of a public company may be officially listed for trading on a recognized investment exchange for example, the London Stock Exchange. The shares of a private company may not.
The term “Company” implies an association of a number of people for some common object or objects.
2. Company formation & trading structure-
When starting a business, it important to select the most appropriate trading structure. There are four main trading structures available:
Sole trader (Self-Employed)
Partnership (Self-Employed)
Limited liability partnerships (LLPs)
Private limited company (Ltd)
Public limited company (plc) (including “listed companies”).
3. The Sole trader (Self-Employed)-
The sole trader is the amoeba of the business organization world. As the name suggests, the sole trader operates alone and, as such, is the simplest form of trading structure. The liability of the sole trader is total. This means all financial risks are taken by that person and all that person's assets are included in that risk. Legally there is no distinction between the sole trader’s personal and business assets and so if the business goes badly the creditors can go after his/her home, car or other assets in satisfaction of business debt. The risk to the sole trader of doing business is large but there is no need for a formal organizational structure. Without insurance you could lose everything.
Accountability and regulation – there is very little regulation and official accountability associated with sole trader status. Because they are not registered with Companies House, sole traders are not required to file annual accounts or reports (other than for the payment of income tax).
4. Partnership (Self-Employed) -
Partnership is the relation which between person carrying on a business in common with a view of profit” (s. 1(1) of the Partnership Act 1890 (PA 1890)), there must be at least two persons, and “business” includes any “trade, profession or occupation”: PA 1890,s.45. The partnership is not a separate legal person, and partners have unlimited joint liability for the firm’s debts and obligations (PA 1890,s.9); and joint and several liability for torts (PA 1890,s.12). There is no distinction between the assets of the partnership and the assets of the individual partners. The partners can be pursed personally for the debts of the partnership.
A partnership is a very risky type of business to get involved in, just because of all the potential for conflict, and the financial effect conflict between partners would be likely to have on the business. However, now the Limited Liability Partnerships Act has received Royal Approval and will become Law by the end of the year.
Law firms in particular have very complex partnership agreements governing their operation. This means that the management structure, profit sharing and the life of the partnership can be made to fit any situation. The obligations are the same as for a Sole Trader.
Accountability and regulation- As with the sole trader, there is relatively little accountability or regulation attached to a partnership and no requirement to file reports and accounts with any official regulator. You will need to keep records for Inland Revenue (and also for VAT if you are VAT registered), but there are no other legal requirements. Each partner should submit a P/SE/1 and you are taxed as an individual. If you leave the partenership your tax liability will follow you (unlike in the past when the remaining partner had to pay it). The workload can be shared.
5. Partnership Agreement Form-
(The aim of the agreement is to provide a written structure of your business with respect to each partner's responsibility, rights, profit/liability sharing, and also the terms on which the partnership can be terminated.) This agreement is based on a full partnership and therefore some changes may need to be made in the structure if you wish to set up a Limited Partnership.
Content:1) The name of the business/partners 2) Commencement of the partnership 3) Nature of the business 4) Business location 5) Set-up investment; 6) Contribution 7) Ownership Role of the partners 9) Decision making and voting rights 10) Profit and loss sharing 11) Liability sharing 12) Business bank account/cash management 13) Accounts 14) Holiday entitlement 15) Illness and incapability 16) Retirement 17) The introduction of new partners; 18) Drawings and direct expenses; 19) Dissolution of the partnership 20) The death of a partner 21) Unfair competition 22) Dismissal of a partner 23) Signatures.
6. Limited liability partnerships (LLPs)
The Limited Liability Partnerships Act 2000 allows for partners to achieve limited liability up to a point. It allows liability to be limited for general trading debts but individual partners will not be able to limit their personal liability for negligence. This type of partnership (LLP) was designed to allow large professional partnerships (law and accountancy firms) to achieve some protection from large negligence actions. Created by registration under the Limited liability Partnership Act 2000, they are regulated by the Companies Act 2006 as private limited companies except that the management structure is fixed by the partnership agreement. They have the benefit of being able to secure loans by floating charge.
The business is controlled by the 'designated members' (who have a similar responsibility to a directors / secretary of a Ltd Company) and the 'members'. Capital is provided by the members, LLP's are similar to 'Partnerships' or 'Sole Traders' in this respect. Incomes derived by the members will be closer to that of a 'Partnership' than to the dividends paid by companies. The members will provide working capital and share any profits. An LLP will be taxed as a partnership. The internal structure of the LLP will be similar to that of a partnership. The members will provide working capital and will share any profits. Income derived by the members from the LLP will be closer to that of a partnership than to the dividends paid by companies. The Bill also provides that any partnership converting to an LLP will receive relief from stamp duty on any property transferred in the first year, subject to conditions. Members will be liable to pay Class 2 and Class 4 National Insurance contributions.
The LLP legislation does not allow for a 'conversion process' - in the way that a limited company can convert to PLC status under the Companies Act!
7. Private limited company –
The private limited company is the most common trading structure and is the central focus of company law. The company is created by a process of incorporation by individuals known as the promoters. Unlike a Sole Trader or a Partnership, the Limited company is legally a separate entity in its own right. The directors and shareholders have limited liability. When a limited company is created it will have an Authorised Shareholding which specifies the limit of a shareholders liability. If all shares have been issued then shareholders are not liable for any more debts that the company may accrue. This is definitely the most sensible option if capital is being put into the business by anyone who is not involved in running it.
Most limited companies are owned by “members” who each own a number of shares in the company. Usually, each share has a vote attached to it and so the members are able to vote on important decisions affecting the company, although the day-to-day management of the company is left to the directors.
However, it is possible that all of the shareholders of a very small company are also the directors and, following the introduction of the Companies (Single Member Private Limited Companies) Regulation 1992, it is even possible to have a single person who is both the sole shareholder and the sole director of the company.
A limited company always has staff, because a director of a company is considered an employee of the company, and a limited company must have at least 1 director, and a company secretary.
Accountability- You have to hold an Annual General Meeting (AGM) for all the share holders, within 18 months of setting up the company, and at least every 15 months after that. These meetings must receive, and approve, Annual Reports from directors and auditors. These reports must include summaries of the accounts, names of the directors, details about the shareholders, and other information. At these meetings the shareholders must also elect directors and auditors.
You must also submit an Annual Return to the Companies Registration Office, summarising the information included in the Annual Reports. These details are displayed at Companies House, where they are available for public inspection.
As a Limited Company, you will have to pay Corporation Tax on all profits.
8. Single member companies-
A single member company is a private company, limited by shares or by guarantee, which is formed with one member, or whose membership is reduced to one.
A single member - present in person or by proxy - constitutes a quorum in these circumstances. If you hold such a meeting you must record it in the minutes. If, as a sole member you take a decision, except by written resolution of the company, you must give a written record of the decision to the company. (This is to ensure continuity of records if you sell some or all of your interest in the company.)
If the company enters into an unwritten contract with the sole member who is also a director of the company (and the contract is not in the ordinary course of the company's business), the company must ensure that the terms of the contract are set out in a memorandum or are recorded in the minutes of the next director’s meeting.
A company's register of members must accurately record its members. The register of members of a single member company must contain an express statement to the effect that the company has only one member and state the date upon which the company became a single member company.
If the company originally had more than one member and the membership reduces to one, then the register must contain an express statement to the effect that the company has only one member and state the date upon which the company became a single member company.
If the membership of a single member company later increases, you must record the details of the new member in the register of members. You should enter an express statement to the effect that the company is no longer a single member company and the date on which that event occurred.
9. Type of share-
Ordinary shares will usually carry one vote per share on a poll. The dividend is that recommended by the directors, and the amount payable on a distribution of assets on a winding up proportional to the nominal value of the shares.
Preference shares usually entitle the holder to a dividend of a fixed amount per share to be paid in priority to other shareholders. However, that there is no entitlement until the dividend is declared. Preference shares may be: a) cumulative: if the dividend is not paid in one year, then the shareholder will be entitled to receive the arrears from profits in subsequent years. Unless the articles or terms of issue provide otherwise, preference shares are cumulative; b) non-cumulative: the dividend will lapse if the company is unable to pay it in any one year.
Preference shares may also entitle the holder to prior return of capital on a winding up where the company is solvent.
Deferred shares (sometime called founders’ shares) are now rare. Promoters used to take shares which would not qualify for a dividend until the ordinary shareholders had received one.
Redeemable share are issued with a provision that they may be bought back by the company at a later date, at the option of either the company or the shareholder.
Non-voting shares carry similar rights to ordinary shareholders, but no rights to vote.
10.Shareholders' agreement-
A shareholder's agreement is a contract between the shareholders of a company in which they agree how the company will be run. They all agree that they will use their voting power in the company to ensure that the terms of the agreement are complied with for as long as they are all shareholders.
For example a Shareholders Agreement includes the following clauses: 1) company details, 2) shareholder details, 3) business of the company, 4) directors' meetings, 5) management decisions, 6) appointment of directors, 7) transfer of shares, dividend policy, 9) winding up, 10) termination, 11) confidentiality 12) no assignment and 13) communications.
11. Private company limited by guarantee –
In this type of company, members do not make any contribution to the capital during its lifetime as they do not purchase shares. The members' liability is limited to the amount that they each agree to contribute to the company's assets if it is wound up.
There are three different types of Limited by Guarantee Companies:
a) Club / Association, b) Charity, c) Flat Management etc.
12. Private unlimited company –
This type of company may or may not have a share capital and there is no limit to the members' liability. Because there is no limitation on members’ liability, the company has to disclose less information than other types of company.
13. Public limited company (plc)-
This type of company has a share capital and, the liability of each member is limited to the amount unpaid on shares that a member holds. A public limited company may offer its shares for sale to the general public and may also be quoted on the stock exchange.
A limited company with a share capital is a public company if:
a) it has been registered or re-registered as a public company on or after 22 December 1980;
b) its memorandum states that it is a public company;
c) its name ends with 'Public Limited Company' or 'PLC' or if it is a Welsh company, – that is, a company the memorandum of which says that its registered office must be in Wales – it may use the Welsh equivalents, namely 'Cwmni Cyfyngedig Cyhoeddus' or 'CCC';
d) it has an authorised share capital of at least £50,000 or at least €65,600 and states this in its memorandum.
Note- A Community Interest Public Limited Company: its name must end with 'community interest public limited company' or 'community interest p.l.c.' (or, if it is a Welsh company, it may use the Welsh equivalents, namely 'cwmni buddiant cymunedol cyhoeddus cyfyngedig' or 'cwmni buddiant cymunedol c.c.c');
A newly formed public company cannot commence business activities or exercise any borrowing powers until Companies House has issued a trading certificate under section 761 of the Companies Act 2006 (previously under section 117 of the Companies Act 1985).
Companies House will issue a Trading Certificate to a public company if the value of the company’s allotted share capital is not less than £50,000 or €65,600. This requirement must be wholly satisfied either in sterling or in euros, as a mixture of both will not be sufficient to meet the legal requirements. (This does not prevent the rest of the company’s capital being in a mixture of sterling, euros and even other currencies).
A PLC must have at least two members and a minimum of two company Directors. The Company Secretary must be a person who appears to the directors to have the necessary knowledge and ability to fulfil the functions or is a member of any of the following bodies:
the Institute of Chartered Accountants in England and Wales;
the Institute of Chartered Accountants of Scotland;
the Institute of Chartered Accountants in Ireland;
the Institute of Chartered Secretaries and Administrators;
the Chartered Association of Certified Accountants;
the Chartered Institute of Management Accountants (formerly known as the Institute of Cost and Management Accountants); or
the Chartered Institute of Public Finance and Accountancy.
14. Community Interest Companies (CICS)-
Community interest companies (CIC) are a new type of limited company designed specifically for those wishing to operate for the benefit of the community rather than for the benefit of the owners of the company. This means that a CIC cannot be formed or used solely for the personal gain of a particular person, or group of people. CICs can be limited by shares, or by guarantee, and will have a statutory “Asset Lock” to prevent the assets and profits being distributed, except as permitted by legislation. This ensures the assets and profits are retained within the CIC for community purposes, or transferred to another asset-locked organisation, such as another CIC or charity.
A CIC cannot be formed to support political activities and a company that is a charity cannot be a CIC, unless it gives up its charitable status. However, a charity may apply to register a CIC as a subsidiary company.
The Regulator - the companies (Audit, Investigations and Community Enterprise) Act 2004 “the Act” established the Regulator as an independent public office holder appointed by the Secretary of State for Trade and Industry. The appointment was subject to an open public recruitment process monitored by the Office of the Commissioner for Public Appointments. The Regulator is an independent official and her powers are set out in the Act and the Community Interest Company Regulations 2005. The Act requires her to discharge her functions in accordance with good regulatory practice. In particular, she must have regard to:
The likely impact of her actions on those affected
The results of consultation with stakeholders
The efficient and economic use of her resources
The Government expects the Regulator to be a “light touch regulator” who will encourage the development of the CIC brand and provide guidance and assistance on matters relating to CICs.
15. Listed companies-
Those public limited companies which wish to trade their shares are “listed” on the London Stock Exchange.
Shareholders in listed companies enjoy the same protection of “limited liability” afforded to members of other public (and private) companies. As with other public companies, there is a gulf between the small number of directors and potentially thousands of shareholders and this is even more pronounced I listed companies, where shareholder may live anywhere in the world.
Source:
Partnership Act 1890
Companies Act 2006
Gower and Davies: The Principles of Modern Company Law (Paperback) by L.C.B. Gower, Sweet&Maxwell, 2008
Alan Dignam, John Lowry „Company Law”, Oxford University Press, 2006
Stephen Judge„Company Law 2008 and 2009” , Oxford University Press, 2008
Jacqueline Martin, Chris Turner „Company Law 2009-2010 edition”, Hodder Education, 2009
Chris Taylor „Company Law”, Pearson Longman, 2009
Derek French, Stephen Mayson, Christopher Ryan „Mayson, French and Ryan on Company Law”Oxford University Press, 2007
Companies House || http://www.companieshouse.gov.uk
Fast Link Solutions || http://www.fastlinksolutions.co.uk
Community interest companies || www.cicregulator.gov.uk
- Marcis Liors Skadmanis LL.M.
Lawyer Practice areas:
1) Business Law
2) Company Law
3) Commercial and Financial Law
4) Real Estate and property Law
5) Inheritance Law
6) Investments Law
7) International Transactions
Private International Law
9) NGO Law
10) British / Latvian Law
---------------------------------------------
11) Commerce lobby (Baltic States, and Denmark, UK)
12) Company Representation (UK, Latvia and Denmark)
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Job Search Methods
Personal contacts. Eighty percent of available jobs are never advertised, and over half of all employees get their jobs through networking, according to BH Careers International. Therefore, the people you know—friends, family, neighbors, acquaintances, teachers, and former coworkers—are some of the most effective resources for your job search. The network of people that you know and the people that they know can lead to information about specific job openings that are not publicly posted. To develop new contacts, join student, community, or professional organizations.
School career planning and placement offices. High school and college placement offices help their students and alumni find jobs. They allow recruiters to use their facilities for interviews or career fairs. Placement offices usually have a list of part-time, temporary, and summer jobs offered on campus. They also may have lists of jobs for regional, nonprofit, and government organizations. In addition to linking you to potential employers, career planning offices usually provide career counseling, career testing, and job search advice. Some have career resource libraries; host workshops on job search strategy, résumé writing, letter writing, and effective interviewing; critique drafts of résumés; conduct mock interviews; and sponsor job fairs.
Employers. Through your library and Internet research, develop a list of potential employers in your desired career field. Employer Web sites often contain lists of job openings. Web sites and business directories can provide you with information on how to apply for a position or whom to contact. Even if no open positions are posted, do not hesitate to contact the employer and the relevant department. Set up an interview with someone working in the same area in which you wish to work. Ask them how they got started, what they like and dislike about the work, what type of qualifications are necessary for the job, and what type of personality succeeds in that position. Even if they don't have a position available, they may be able to put you in contact with other people who might hire you, and they can keep you in mind if a position opens up. Make sure to send them your résumé and a cover letter. If you are able to obtain an interview, be sure to send a thank-you note. Directly contacting employers is one of the most successful means of job hunting.
Classified ads. The "Help Wanted" ads in newspapers list numerous jobs. You should realize, however, that many other job openings are not listed, and that the classified ads sometimes do not give all of the important information. They may offer little or no description of the job, working conditions, or pay. Some ads do not identify the employer. They may simply give a post office box to which you can mail your résumé, making follow-up inquiries very difficult. Some ads offer out-of-town jobs; others advertise employment agencies rather than actual employment opportunities.
When using classified ads, keep the following in mind:
* Do not rely solely on the classifieds to find a job; follow other leads as well.
* Answer ads promptly, because openings may be filled quickly, even before the ad stops appearing in the paper.
* Read the ads every day, particularly the Sunday edition, which usually includes the most listings.
* Beware of "no experience necessary" ads. These ads often signal low wages, poor working conditions, or commission work.
* Keep a record of all ads to which you have responded, including the specific skills, educational background, and personal qualifications required for the position.
Internet networks and resources. The Internet is an invaluable resource. Use it to find advice on conducting your job search more effectively; to search for a job; to research prospective employers; and to communicate with people who can help you with your job search. No single Web site will contain all the information available on employment or career opportunities, so in addition to the Web sites listed below, use a search engine to find what you need. The different types of sites that may be useful include general career advice sites, job search sites, company Web sites, trade and professional association Web sites, and forums. Internet forums, also called message boards, are online discussion groups where anyone may post and read messages. Use forums specific to your profession or to career-related topics to post questions or messages and to read about other peoples' job searches or career experiences.
In job databases, remember that job listings may be posted by field or discipline, so begin your search using keywords. Some Web sites provide national or local classified listings and allow job seekers to post their résumés online. When searching employment databases on the Internet, it usually is possible to send your résumé to an employer by e-mail or to post it online.
WorkOne.com is a career site that provides free coaching for work seekers. WorkOne has career coaches that will guide you through the process. It can be accessed on the Internet at: http://www.workone.com.
CareerOneStop is a database consisting of three separate career resource tools. It can be accessed on the Internet at: http://www.CareerOneStop.org, or by telephone at: (877) 348-0502. Alternatively, each resource tool can be accessed directly at its own Internet address.
America's Job Bank allows you to search through a database of more than 1 million jobs nationwide, create and post your résumé online, and set up an automated job search. The database contains a wide range of mostly full-time private sector jobs that are available all over the country. Job seekers can access America's Job Bank at: http://www.ajb.org.
America's Career InfoNet provides information on educational, licensing, and certification requirements for different occupations by State. It also provides information on wages, cost of living, and employment trends, and helps job seekers identify their skills and write résumés and cover letters. Job seekers can access America's Career InfoNet at: http://www.acinet.org.
America's Service Locator provides listings of local employment service offices which help job seekers find jobs and help employers find qualified workers at no cost to either. At the State employment service office, an interviewer will determine if you are "job ready" or if you need help from counseling and testing services to assess your occupational aptitudes and interests and to help you choose and prepare for a career. After you are "job ready," you may examine available job listings and select openings that interest you. A staff member can then describe the job openings in detail and arrange for interviews with prospective employers. Job seekers can access America's Service Locator at: http://www.servicelocator.org. A list of offices is also in the State government telephone listings under "Job Service" or "Employment."
Using Internet Resources to Plan your Future, a U.S. Department of Labor publication, offers advice on organizing your Internet job search. It is primarily intended to provide instruction for job seekers on how to use the Internet to their best advantage, but recruiters and other career service industry professionals will find information here to help them also. How to Use the Internet in your Job Search; The Job Search Process; and the Career-Related Pages, other U.S. Department of Labor Internet publications, each discusses specific steps that job seekers can follow to identify employment opportunities. Included are daily tips and hints, plus a large database of links and job search engines. Check with your State employment service office, or order a copy of these and other publications from the U.S. Government Printing Office's Superintendent of Documents. Telephone: (202) 512-1800. Internet: http://bookstore.gpo.gov or http://www.doleta.gov.
State employment service offices. The State employment service, sometimes called the Job Service, operates in coordination with the U.S. Department of Labor's Employment and Training Administration. Local offices, found nationwide, help job seekers to find jobs and help employers to find qualified workers at no cost to either. To find the office nearest you, look in the State government telephone listings under "Job Service" or "Employment."
Job matching and referral. At the State employment service office, an interviewer will determine if you are "job ready" or if you need help from counseling and testing services to assess your occupational aptitudes and interests and to help you choose and prepare for a career. After you are "job ready," you may examine available job listings and select openings that interest you. A staff member can then describe the job openings in detail and arrange for interviews with prospective employers.
Services for special groups. By law, veterans are entitled to priority for job placement at State employment service centers. If you are a veteran, a veterans' employment representative can inform you of available assistance and help you to deal with problems.
State employment service offices refer people to opportunities available under the Workforce Investment Act (WIA) of 1998. WIA reforms Federal employment, adult education, and vocational rehabilitation programs to create an integrated, "one-stop" system of workforce investment and education activities for adults and youths. Services are provided to employers and job seekers, including adults, dislocated workers, and youths. WIA's primary purpose is to increase the employment, retention, skills, and earnings of participants. These programs help to prepare people to participate in the State's workforce, increase their employment and earnings potential, improve their educational and occupational skills, and reduce their dependency on welfare, which will improve the quality of the workforce and enhance the productivity and competitiveness of the Nation's economy.
Federal Government. Information on obtaining a position with the Federal Government is available from the U.S. Office of Personnel Management (OPM) through USAJOBS, the Federal Government's official employment information system. This resource for locating and applying for job opportunities can be accessed through the Internet at http://www.usajobs.opm.gov or through an interactive voice response telephone system at (703) 724-1850 or TDD (978) 461-8404. These numbers are not tollfree, and charges may result.
Professional associations. Many professions have associations that offer employment information, including career planning, educational programs, job listings, and job placement. To use these services, associations usually require that you be a member; information can be obtained directly from an association through the Internet, by telephone, or by mail.
Labor unions. Labor unions provide various employment services to members, including apprenticeship programs that teach a specific trade or skill. Contact the appropriate labor union or State apprenticeship council for more information.
Private employment agencies and career consultants. These agencies can be helpful, but they may charge you for their services. Most operate on a commission basis, with the fee dependent upon a percentage of the salary paid to a successful applicant. You or the hiring company will pay the fee. Find out the exact cost and who is responsible for paying associated fees before using the service.
Although employment agencies can help you save time and contact employers who otherwise might be difficult to locate, the costs may outweigh the benefits if you are responsible for the fee. Contacting employers directly often will generate the same type of leads that a private employment agency will provide. Consider any guarantees that the agency offers when determining if the service is worth the cost.
Community agencies. Many nonprofit organizations, including religious institutions and vocational rehabilitation agencies, offer counseling, career development, and job placement services, generally targeted to a particular group, such as women, youths, minorities, ex-offenders, or older workers.
About the Author
Hans Glint is a Career Coach and author of ”What Do You Want To Do With Your Life?”. He works with WorkOne providing free coaching for work seekers. Register with WorkOne to get his book free. WorkOne.com – Free Coaching For Work Seekers http://www.workone.com
Sheffield Employment Lawyer & Compare Law Firms
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Top Ten Trends in the Pre-employment Background Screening Industry for 2009
Employment Screening Resources (ESR), a leading national employment screening background firm, released its "Second Annual Top Ten Trends in the Pre-Employment Background Screening Industry" for 2009 today. Although issues from 2008 remain on the list, the 2009 trends reflect increasing concerns over the use of Facebook and similar sites, lawsuits looming over inaccurate Background Screening reports, increasing government scrutiny of the screening industry and privacy and security issues.
"In the current legal environment, businesses want to make sure they are not only exercising due diligence but are also ahead of the curve on legal issues," said Lester S. Rosen, attorney at law and founder of ESR and author of two books on background screening. "The quickest way to get sued is to not understand the legal environment and latest trends surrounding background checks and employment."
Rosen believes that the federal and state governments will require more background screening in 2009, especially in sensitive jobs, and that more businesses will make Pre-Employment Background Screening a requirement for the job. The increased use of Applicant Tracking Systems will lead to "one button" clicks for background checks, he says.
"At the same time, consumers are worried about their privacy. That’s why data protection and accuracy have become so critical. The use of social networking sites like Facebook and MySpace are another minefield for employers," says Rosen. "We have identified 10 Trends to help alert employers on what to expect in 2009."
Hot topics for 2009 include tighter government regulation, privacy concerns, and controversy over sending sensitive data offshore for processing, increasing demand for accurate criminal record reporting, and the probability of more lawsuits against both employers and background screening firms. Not that the 2008 trends outlined in January 2008 are no longer relevant, but a shifting world has reshuffled the challenges facing employers, job applicants and screening firms.
1. More Government Regulation: Likely to increase in 2009 are the requirements by federal and state governments for more background checks in sensitive industries – such as child care workers and certain health workers. Another area where the government requires checks is verification of the eligibility of a new hire to work by using the E-verify program. Although litigation has been filed, the announced rules require employers with certain federal government contracts to utilize the E-verily program starting in 2009. Along with the federal government, the states are becoming increasingly involved in regulating screening.
2. Privacy and Accuracy: The subjects of privacy, accuracy, and fairness will also be major issues for 2009. Privacy Times newsletter, for example, led off its December 2008 issue with an article criticizing the screening industry. The letter noted that a coalition of legal aid groups has called on the Federal Trade Commission to take enforcement actions against background screening companies for “widespread noncompliance with the Fair Credit Reporting Act’s requirements for accuracy and dispute investigations.”
The report was especially critical of the use of criminal databases that can falsely accuse an innocent person of being a criminal, and the failure of some screening firms “to take into account the fact that criminal identity theft is unfairly tarring thousands of job applicants.” A leading cause of inaccuracies is matching innocent job applicants to criminal records based upon the same or similar name in a database, without re-verification of the record at the courthouse. A new organization called Concerned CRA’s has taken a stance against utilizing such databases without taking proper measures to ensure accuracy of criminal records.
3. Second chance for ex-offenders: Unless as a society, we want to build more prisons than schools or hospitals, something must be done to reduce recidivism and find employment for applicants with criminal records. At the same time, placing the wrong person in the wrong job can be a disaster and cause untold grief. As a result of Title VII and notice from the EEOC, employers are well advised to review their hiring practices to ensure that they are not discriminating against members of protected classes by automatically denying employment without considering whether there is a business justification for disqualification based upon the crime and the job. This will continue to be a developing area in 2009. One example are the new laws passed by the State of New York that become effective this year that place a greater emphasis on employers analyzing a past criminal record to determine whether there is a business justification not to hire a person. The New York law also requires that notice of various rights be provided to job applicants (See an explanation of the New York laws in the December, 2008 ESR Newsletter.
4. Consumer Protection Litigation: As the screening industry matures, and applicants and their lawyers become much more informed about their consumer rights, it is likely that there will be an increase in litigation. The may include class action lawsuits against screening firms, particularly when it comes to various notices required under the federal Fair Credit Reporting Act, and accuracy requirements in the federal law. Since database searches can result in false negatives (meaning a criminal is missed) as well as false positives (meaning an innocent person is labeled a criminal), it is probable that employers and screening firms that rely upon databases may be the subject of litigation where a database search failed to locate a dangerous person.
5. Impact of the recession: As a result of the recession and higher unemployment, it is likely that employers will need to scrutinize applications even more carefully, to be on the watch for fraudulent credentials, such as inflated or fictional employment history or educational degrees. Another recession related trend may be the increase in applicants who are willing to perform their own background checks in order to present to employers a self-certification that their credentials are for real. Since more temporary employees and Independent Contractors are hired during a recession, the issue of screening non-employees will continue to be important.
6. Data security and data breaches and Offshoring Data: Since identity theft continues to be a national and international problem, expect even more emphasis in 2009 on data security and protection. Closely related is the continuing issue of employers and screening firms offshoring consumer data to India or other similar places for cost savings. Once data leaves the United States., it is beyond U.S. privacy protections. A new organization called Concerned CRA’s has taken a stance against offshoring such data without notification to consumers. The use of home-operator networks also presents an unnecessary risk to privacy as well. There is no justification for personal information to be spread across kitchen tables and dorm rooms across America.
7. Accreditation by the NAPBS: The non-profit trade organization for the screening Industry, the National Association of Professional Background Screeners has announced the introduction of an accreditation program. NAPBS has gone through an exhaustive process to develop “Best Practices” for the industry, and it is anticipated that firms will start going through the process this year.
8. Social network sites: The use of social networking sites as a pre-employment screening device will continue to be a hot topic in 2009, as more recruiters and HR professionals go online to satisfy their curiosity about candidates. The problem: contrary to popular belief, just because it is online does not mean that it’s a good idea to utilize it without developing policies and procedures. Online material can be inaccurate, discriminatory, and under certain circumstances, its use can be an invasion of privacy. Stay tuned as more courts give their opinions on this issue.
9. Integration of services: With the advent of “Web 2.0,” it is likely that technology will play an even bigger role in the coming years. Seamless integrations with Applicant Tracking Systems allow paperless background screening systems at the click of a mouse.
10. International background checks: In 2008, we observed that, “With mobility of workers across international borders, due diligence is no longer limited to just what an applicant has done in the United States. Although there are numerous practical and legal challenges as well as data and privacy concerns, international background checks are becoming very accessible to employers.” That will continue to be the trend in 2009 as well.
About the Author
Lester Rosen runs http://www.esrcheck.com and has authored two books: "The Safe Hiring Manual: The complete guide to keeping criminals, terrorists, and imposters out of your workplace" and "The Safe Hiring Audit: The employer’s guide to implementing a safe hiring program." He is a frequent presenter nationwide at human resources, fraud and security conferences, and was the chair of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) and served as its first co-chair. He has testified as an expert in negligent hiring cases in California, Florida and Arkansas.
No part of this book may be reproduced, stored in any retrieval system or by any means, Photocopying, electronic, mechanical, recording or otherwise without the prior permission of the copyright owners.
ISBN 978 – 33872 – 7 – 4
Published February, 2009 By
DELTA STATE UNIVERSITY, ABRAKA,
DELTA STATE, NIGERIA.
Printed By
Justice Jeco Press and Publishers Ltd.,
Benin City, Edo State, Nigeria.
PROLOGUE/PREFACE
This Processed Teacher is Professor+…Famous+, Nigeria Will Become
(A Love Song to My Husband and the New Nigeria)
And he said: “marry me, May!”
‘I do no such thing: marry no ‘teacher’ said May
Dreg of Professions: the teacher – disqualified
Yet, most telling, lingering voice from the classroom!- qualified
This teacher now processed, is professor, prophet and priest.
Palm oil, the broom and sponge, banga soup – processed palm
Through fire, through water, the sharp blade, agents of decay – processed
As kero, diesel, petrol, cream, jelly, this balm – processed crude
Emman Osakwe, processed teacher, a voice heard beyond
Beyond the rostrum to the nations.
Processed through pain, deprivation, denial, derided then,
Today’s lecturer mounts the rostrum, behold he comes:
My husband, my principal, mon pére
Processed through fire, through waters, denied his due
This principal teacher of teachers of teachers
Is a teacher, teaching teachers of teachers of teachers.
Promotion to peak denied for ten years!
My co-parent, persevering through the years!
Like diamond; processed from carbon, my patient prince and peace maker
This principal teacher loaded with knowledge:
Intellectual and divine, has a message:
Nigeria is processing through shame –
Shame of corruption, of grave-like greed!
Shame of maladministration and misrule
Misrule, yielding tall poverty from giant opulence
Shame of monumental wastage of resources
Shame of wickedness and religious godlessness
Processing through shame to our desired fame:
Our famous fatherland, yes our motherland;
Land of my birth, land of my pain, land of my shame
Land of your birth, land of your pain, land of your shame
Dependent too long after independence, fragile like the eaglet
For this fragile eaglet, ready to fall, unable to fly,
Will become the great eagle in flight
Famous bird; not to fly but to soar –
Land of my birth, land of your birth, land of our birth
Land of my fame, land of your fame, land of our fame –
Nigeria is your name!
Mabel Ejime Osakwe (2009)
Chair, English Language
Delta State University, Abraka
COURTESIES
The Vice-Chancellor,
The Deputy Vice-Chancellor (Admin.)
The Deputy Vice-Chancellor (Academic)
The Provosts, Asaba and Oleh Campuses,
The Acting Registrar,
The Bursar,
The University Librarian,
The Provost, College of Health Sciences,
Dean, Faculty of Education,
Deans of Other Faculties,
Professors and other members of Senate,
Heads of Department and other academic Colleagues,
Members of Administrative and Technical Staff,
My Lords Spiritual and Temporal,
Members of my family, Nuclear and Extended,
My In-laws,
Distinguished Invited Guests,
Gentlemen of the Press,
Great DELSUITES,
Ladies and Gentlemen,
Preamble
I feel highly honoured and priviledged to be called upon to deliver the 17th Inaugural Lecture of the Delta State University, Abraka. I thank God for granting us journey mercies to this gathering and I believe He will take all of us home safely in Jesus Name – Amen.
Did you buy and read today’s papers? How many mind bugging and gory stories? What is the latest on militancy and criminality in the Niger Delta? How painful! You may try to take your mind off those depressive issues and feed your mind with the Obama big dream come true and so will ours. Yes, welcome to this forum! To this God given opportunity for us to reflect and discuss social issues akin to those raised earlier in this welcome tip. Sorry to tell you though that I have the monopoly of the floor in this discussion that is why it is called a lecture. But release your mind to travel along, as Social Studies pilots our navigation, through today’s shame to tomorrow’s fame.
INTRODUCTION
The first thing to give attention to is the nature and purpose of Social Studies and how it serves as a vehicle for responding to issues of our time. Succinctly put, Social Studies is about learning to live and participate in this world, at a particular time and place; hence we have the formula:
SSE = PSpt
P = People
S = Society
P = place
t = time
This lecture being an indepth discourse on an aspect of my academic expertise, and my contribution to social studies as a field of knowledge, will be guided by the SSE formula as stated and the nature of Social Studies.
Here then, P means The Nigerian People; S means The Nigerian Society; p means The geographical entity called Nigeria and t means Nigeria yesterday today and tomorrow. In this lecture, Nigeria yesterday implies pre-colonial Nigeria to the era before the 2nd Republic, while Nigeria today spans the period 2nd Republic to date.
We recognize that this audience is not only interdisciplinary “gown” but also a heterogeneous “town”. Attempts will be made then to operate within this defined perimeter.
Social Studies touches on every facet of human existence: man himself as a product of nature, and social man as a product of nurture; arising from the social, political, economic and physical environment. Social studies has therefore for long been identified as a veritable tool or avenue for reshapening society. (Lawton and Durfour 1973, Osakwe 1993) The very nature, content and scope of social studies, makes it a virile instrument for developing a new social – political order. This lecturer has professed majorly in this area of social studies and has 20 publications related to the present discourse. Four of such are listed here:
Osakwe, E.O. (1992) “Social studies and the Military in Nigerian politics” Nigerian Journal of Social Studies Review Vol. 2, No 2, pp. 89-91
Osakwe, E.O. (1993a) Citizenship Education: The Hub of Social Studies Nigerian Journal of Social Studies Review. Vol. 2, No. 3, Pp. 23-38.
Osakwe, E.O. (1994a) Citizenship Education in a Multi-ethnic Society: Some Pedagogical Insights. Studies in Education Vol. 2. No 1. April. Pp 60-64.
Osakwe, E.O. (1994b) Instructional Strategies for teaching the Social Studies: Using Exemplars and Non-Exemplars Nigerian Journal of social Studies Vol. III, No. 1 & 2 pp. 49-55.
In Nigeria, Social Studies found practical expression into the school system after the 1969 National Curriculum Conference. The subject is geared towards building individuals and thereby building the nation (Osakwe 1993). The potentials of Social Studies are yet to be fully exploited in our quest for a desirable socio-political and economic order.
Social Studies is concerned with human relationships. The world is constantly undergoing changes and Social Studies remains a veritable instrument for examining these changes, whether they be positive or negative. Social Studies revolves around humans (people) and all that impinges on them.
Areas of Emphasis in Social Studies
The knowledge included in Social Studies is related to important generalizations about human relationships, institutions and problems, together with supporting facts to ensure that these generalizations are clearly understood (Osakwe and Itedjere 1993). Social Studies examines issues and problems from a holistic viewpoint – consequently, in resolving a problem or an issue, social studies examines the historical, cultural, sociological, economical, physical and other related dimensions. Unlike the vertical concentration that is noticeable in most school subjects, social studies adopts a horizontal spiral approach in the analysis of it problems. Social Studies, has strong affinity with the Social Sciences, but must not be seen as an amalgam of the social sciences.
Social Studies education is an avenue for providing young people with a feeling of hope in the future and confidence in their ability to solve the social and environmental problems of individuals, their community, state or nation.
On this occasion, this lecture addresses an aspect of my discipline which is of academic and public interest – Navigating the Nation, Through Today’s Shame to Tomorrow’s Fame: Social Studies as Pilot.
Addressing the issues of Yesterday, Today and Tomorrow automatically provides three segments of discourse: Nigeria Yesterday Nigeria Today and Nigeria Tomorrow.
NIGERIA – YESTERDAY
It is simplistic to address the problems of nation building in Nigeria today without paying due attention to our past and the global past as it affected our past and present.
Mr. Vice-Chancellor, Sir, the educational system which we inherited from our colonial masters, although criticized for alienating us from our culture, produced disciplined individuals and people we will regard as pillars of our democracy and national development. Our educational system of yesteryears was highly structured, organized and predictable. This was the era when education was fully the responsibility of Government or Mission Agencies. Educational institutions were adequately staffed, equipped and supervision was effective. The academic calendar was stable with hardly any disruption. An entrant into the system was able to predict when he/she will graduate. Non graduation of a candidate at the appropriate time was never the fault of the school or institution but the inability of the student to work hard enough to graduate as planned by the educational establishment. The period under discussion was marked by students in primary and secondary schools putting on uniforms that were uniform indeed. There was no provision for students making their own seats/desks or for boarders, providing their own beds. Laboratories in secondary and tertiary institutions were comparable with what obtained in other parts of the world.
Sound moral education was part and parcel of the education in pre 1970 to late 80s Nigeria. Relationship between pupils and teachers, students and teachers and students and lecturers at various levels of education was to a very great extent professional. Incidents of examination malpractice were very rare and anyone caught compromising the integrity of examination was promptly dealt with. Incidents of students negotiating grades with their lecturers or lecturers/teachers asking for “incentives” were almost non-existent. During the period under review, academic standards in Nigeria’s first generation universities was commendable and comparable to what obtained in the more advanced countries of Europe and America. The period witnessed massive staff exchange from overseas universities. Our universities had real international orientation and reputation, with staff and students coming from different parts of the world. Apart from the international outlook of our universities and academics, university lecturers were highly respected and were at the apex of social rating. Okecha (2008) rightly noted that the mention of the title “Professor” attracted much attention. The office of the Vice-Chancellor was highly reverred. The Vice-Chancellor was more respected than any government appointee.
Most Nigerians who went through tertiary education enjoyed one form of financial support or the other from the Government. Education was a worthwhile venture and was seen as the key that unlocked the door to success and fame.
Indolence, robbery, prostitution, ostentatious living, greed, oppression, social and spatial inequality were considered extremely disgraceful in Nigeria of yesteryears. It was common practice for example, for the vendor to leave the Dailies at the Porter’s Lodge as students were trusted to drop the money and pick the papers. Similarly, the proceeds of Rag Day were used for charity as expected. Social vices were frowned at and there was greater sense of accountability among the citizenry including public office holders. Workers reported at their duty posts at the expected time and remained at work till closing. School and other institutional gates were closed at 8 a.m. and remained so until closing. Truancy was an aberration and something seriously frowned at. There was freedom of political association, although political cleavages was along the three major ethnic groups with the exception of the Middle Belt that had her own political identity. It was possible for close relatives to belong to different political parties and yet still live in harmony. The example of the Ikokus can attest to this fact – that a father and son belonged to two opposing parties.
Humans are generally political animals. The ability to organize people into groups with whatever political motive is a basic instinct inherent in human beings. Nigerians are highly articulate political beings. There is the practice of traditional and community politics which has always been with us. There has been a merger between traditional and modern social life and party politics. Since culture is not static, traditional practices also adjusted to accommodate new challenges and developments including cross-cultural contacts with its attendant implications. The social life of a people and their political culture, to a great extent affects several other areas of living. Nigeria is a political amalgam. This is indicative of the cultural plurality of the country. To a great extent the North was much more politically articulate and responsive. This probably accounts for the practice wherein our Northern brothers are always with their radios and listening to local and international news, thereby being always informed. Social life and party politics is not a function of Western education. Some southerners in spite of their level of education, are still politically naïve and cannot read or understand the political horizon. Nigeria’s economy during this period was very stable and was hinged on agriculture. This was the era of the groundnut pyramids. Nigeria was the world’s largest producer of groundnuts, rubber, palm oil and kernels, soya beans, beniseed and also a major producer of cotton, 2nd world producer of cocoa. It was within this period that Malaysia came to Nigeria to get our oil and rubber seedlings, to try out in their country. We know where both countries stand today in the production of palm oil and rubber.
Solid minerals like coal, tin and columbite were mined in economic quantities and Nigeria was known to be a major world player in the production of these minerals. The buoyancy of the economy was further boosted with the discovery of the black gold (oil) in Nigeria. Gradually, emphasis started to shift from agriculture to petroleum ……….the mainstay of Nigerian economy. The Nigerian currency was strong and highly sought after during this period.
Exchange Rate Between the 70s and 80s
Nigeria British American German
N1 pd Stg US $ DM 3.64
£0.615 $1.51
The figures above presents a vivid picture of the strength of the Naira at this time.
Nigeria was well served by road, rail, sea air transport. During this period there were over 95,000km of tarred roads and over 3,200km of one-metre gauge railway. Nigeria had just two international airports at Lagos and Kano. Both the northern and southern parts of the country attracted significant investment in infrastructural development, especially in rail and feeder roads, as well as some measure of social services such as electricity, water supply, hospitals, schools and colleges. This period was marked by staff of the Public Works Department (PWD) clearing of the grasses by the sides of the road to ensure long distance and clear vision for drivers and other road users. Roads were regularly maintained – although then, roads were narrow and sometimes windy, they were motorable throughout the year.
Nigeria Airways was the pride of West Africa. It towered over and above other airlines in the sub-region. Nigerian pilots were renowned for their courtesy, competence and confidence. Their take-off and landing was remarkable and devoid of jerks and hiccups. Nigerian Airways flew constantly to Europe, Asia, U.S.A. and several African routes without blemish. The DC 10s, Boeing 737, 707 and 747 were constant on the international routes while the smaller aircrafts served the local (internal) routes. Closer home here, the waterway from Sapele to Obiaruku through River Ethiope was navigable and building materials were transported through that channel.
Security of lives and properties was to a very great extent guaranteed during this period. It was possible to travel all night without fear of robbers. Night travel was preferred by a number of Nigerians. Incidents of armed robbery was rare and it was easy to track criminals. It was not fashionable to engage in criminality because there was a general societal rejection or disgust for any individual who was known to be a criminal or social deviant.
NIGERIA TODAY
Today, Nigeria has traded her dignifying values of diligence, patriotism, high ethical standards, her abundant natural resources of yesteryears for inglorious habits colloquially referred to as the “Nigerian factor”: the pursuit of injustice, upturned values, endemic corruption and gross misrule. Today Nigeria is fatally sick from a deliberately self inflicted injury. Most of what is happening in Nigeria today amounts to national shame, our pain and disgrace. This shame is most manifest in our “New politics” which is marked by violence leading to loss of lives and properties, massive rigging and assassinations. The undeserving beneficiaries are quick to make efforts at convincing and confusing the masses into supporting the outcome of their political exploits. Almost immediately endorsement is rushed in from all over the country, especially from some Christian and Islamic clerics and other self-seeking leaders who pontificate on the fallacy that governments and leadership are chosen and ordained by God and that we should accept things the way they are in order to save our nascent democracy. But peace without justice cannot stand the test of time and is an invitation for anarchy.
Unlike what obtains in Western democracies and other stable polities where election results are declared less than 24 hours at the close of polls, in Nigeria, it could take three days. In some ridiculous situations like local government elections that are even smaller geographical entities to manage, it still takes days before results are officially released. This usual drag leaves room for manipulation and panel-beating of figures. In spite of all these, ridiculous figures are released as results. In some instances, there are more votes than the number of registered voters. Multiple voting is not uncommon. The tribunal judgment in Edo State revealed that fictitious voters voted and some others voted several times including supposed voters from across the Atlantic.
The bedrock for any stable and functional democratic state is the electoral process. This should be seen as the key issue in a country like ours. The electoral process represents a political choice by the populace. Next to market gossips and corridor discussions, voting is the one activity that demonstrates the extent of people’s involvement in politics. When free and secret ballot voting takes place, the direction and quantum of individual’s participation come out boldly in their true form.
In a survey carried out by this lecturer in 1998, the degree of apathy expressed by young people was startling.
Possible percentage participation in National Elections
S/NO
CATEGORY
NO OF STUDENTS RESPONDING TO EACH CATEGORY
TOTAL NO OF STUDENTS
PERCENTAGE OF TOTAL
1.
Indifferent or undecided
162
250
65%
2.
Yes or Interested
63
250
25%
3.
No or not interested
25
250
10%
The above was almost a decade before the 2007 monumentally fraudulent election, yet the figure reveals high level of alienation or disenchantment with politics and the electoral process among young people. In most cases, this alienation or apathy leads to high level political-disinterest. Effective citizen participation depends upon a knowledge of how the system really operates.
Our citizens have not been systematically exposed to the methods of operations of our political system. A good number of our youths have been left to wander aimlessly in Nigerian political arena. This has resulted in either misinformation or the stifling of the political instincts in youths towards national affairs.
Our electoral process and the attendant protestation of results is unparalleled in the annals of elections in any part of the globe. Many Nigerians are now of the opinion that an individual’s vote does not count – that results are predetermined. This has led to serious apathy and despondency on the part of a large segment of the electorate (See Osakwe 1998, Ogini 2008). The June 12, 1993 election, adjudged to be free affair was annulled with ignomity to the chagrin of Nigerians. Since then, the situation has worsened. There is understandably now much cynicism towards election and the electoral process by several Nigerians.
Another disturbing dimension in this discourse is that politics in Nigeria is no longer seen as an avenue for service, rather it has become an avenue for quick ascendancy to wealth, and public recognition. This has led to the emergence of political upstarts with warped minds on the political expectation of the electorate. Their life style is marked by flamboyant living, luxury cars, including bullet-proof vehicles, escorts with sirens and intimidation of all perceived opponents and those who refuse to acknowledge their new found position and affluence that they find difficult to manage. What we now witness is a replay of the Biblical Haman-Mordecai saga. Haman, a political upstart paid a huge sum of money to ensure that the entire Jewish race is wiped out just because Mordecai the Jew did not bow down to him.
It is a mark of political immaturity to try to use political opportunism to settle scores. It is a show of shame and reflection of the struggle against a complex. Politics should be a very exciting part of our national life, but it is now an issue of life and death, sometimes sending shivers down the spine of the populace. That is why, organizing or conducting elections in Nigeria is warfare and several lives have gone with elections in Nigeria.
Political Assassinations
Between 1999 and 2009, 39 cases of politically – motivated murders were reported in the country. The timing of these assassinations reveals that it is usually more prevalent in the years preceding the elections and the election year proper. For example, there were 17 assassination cases between 2002 and 2003; 9 cases were recorded between 2005 and 2007 (another pre-election and election period).
Political Assassinations – 1999-2009 (- A Graphic Representation)
In the more recent elections in Nigeria, firearms were freely used. In the Jos crisis of November/December 2008, over 500 lives were lost in the mayhem that trailed that election. Several of those hospitalized were victims of bullet wound. How does this compare with what obtains in other parts of the world, where election results are respected and the electoral process is carried out in an orderly manner?
A common feature of the political terrain in Nigeria is the issue of recycling of individuals and families – giving the impression that there is some eternal mandate that these individuals and families must always be there. How do we explain a situation where some political actors who were contemporaries of the Late Sage, Dr. Nnamdi Azikiwe, are still hovering around the corridors of power. There are some individuals who have remained in political flirtation all through the 29 years of military –rule into the democratic era in Nigeria. What a shame that almost two years after the 2007 general elections, there are still several yet-to-be-resolved court cases.
It is a fact that ever since the contentious elections, Nigerians of varying endeavors, have been united in seeking a reform process that waters the tree of a transparently, free and fair election in order to eliminate the rancour that greeted the results of the April, 2007 polls and literally created hatred and anarchy.
For how long will Nigerians live with this level of rancor and uncertainty? When will transparent elections be conducted so that at the end the loser is even quick to concede defeat and congratulate the winner? In the United States elections of November 4, 2008, Republican presidential candidate, John McCain gracefully conceded victory to the Democratic presidential candidate, Barack Obama in less than 24 hours after polls. The winner and loser in the American elections did not have to wait for the Electoral boss to announce the result of the most celebrated election result in the world. They relied on the results as announced live by the Cable News Network (CNN).
It is instructive to state here that Nigeria’s national television, the Nigerian Television Authority (NTA) had a live coverage of the American election. Why has it not been possible to cover our national elections live. Some international observers were refused entry and their reports discountenanced by our electoral authorities, yet Nigerians went to Ghana to monitor elections! Our electoral process is not transparent and acceptable. It is yet to be made so nationally and internationally.
CORRUPTION
Corruption is used here to capture a condition or state of falsehood, impropriety, illegitimacy, illegality or injustice geared towards acquisition of power, money or position for private and sectional profit.
Corruption has become endemic in Nigeria and a culturally corrupt system would generate a corrupt society. A society and people would naturally produce its kind, except there is a drastic cultural surgery or there is a re-orientation as a result of time: Recall the Social Studies formula. The Nigerian society provides a very fertile ground for fraudulent practices, thereby leading to the institutionalization of corruption. A corrupt society according to Lewis (2008) produces corrupt leaders and followers; corrupt leaders copy or establish corrupt institutions and corrupt institutions create a multiple of corrupt systems. This may explain why there is hardly any institution or system that is corruption-free in Nigeria. Religious establishments are not exempt in this. Corruption indeed is Nigeria’s worst enemy preventing the citizens from enjoying the huge natural resources. Corruption is detrimental to economic growth. It increases income inequality and poverty by reducing economic growth. It also promotes and sustains unequal distribution of asset ownership and an unequal access to education (Olajide, 2008).
In spite of the establishment of anti-corruption agencies such as the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and other related offences Commission (ICPC) corrupt practices have continued to manifest in several ingeniously notorious ways and forms in Nigeria. This monster called corruption has continued to be the bane of the country’s drive towards the attainment of the Millennium Development Goals. Recently, at an interactive session with the House of Representatives Committee on Drugs and Narcotics and Financial crimes, the Chief Executive of the Economic and Financial Crimes Commission (EFCC), alleged that some Nigerians have cashed in on the falling global prices and had been criss-crossing the globe day and night to acquire properties with money looted from the country. Perpetrators of this crime know how to beat all the mechanisms put in place to check their nefarious activities. Our image has been seriously dented by the activities of corrupt Nigerians. Corruption among Nigerians also manifests in internet fraud and the notorious Advance Free Fraud (aka 419). A number of unsuspecting Nigerians and foreigners have been victims of both internet and Advance fee fraud. A number of young people now live big and fat from the proceeds of corruption and fraud.
Nigeria’s image has been seriously dented across the globe as a result of the fraudulent practices of some of our citizens. Several Nigerians are languishing in jails in a number of countries – Some who were not so lucky, were executed by the authorities of those countries where they committed the atrocities. The war against corruption seem to have had a focus during Obasanjo’s regime. Yar Ardua’s administration promised that there would be no sacred cows in his administration’s anti-corruption fight. However, his anti-corruption war came under serious skepticism and cynicism following the redeployment of the former Chairman of the anti-graft agency and his numerous travails thereafter that culminated in his dismissal. It is a very sad commentary and sends a very wrong message to Nigerians and the international community.
The anti-corruption crusade tempo is gradually grinding to a halt and some watchers are getting really concerned, because the sufferings of the masses, they feel have been caused by a few individuals who have diverted money meant for the welfare of the masses for their personal gain. One of the apparent reasons why corruption has continued to pervade the length and breadth of Nigeria may be that the three arms of government pay lip service to its eradication.
The damage corruption has done to the polity and the generality of our people is immeasurable and incalculable. The malaise pervades all strata of the society, including public institutions. According to This Day Opinion of November 5, 2008, nothing works well in Nigeria because of corruption. Several roads are in a deplorable state, even when attempts are made at rehabilitating the roads, corruption will not allow for a thorough and enduring job.
Education and Corruption
Sexual harassment has become so pervasive in Nigerian tertiary education. It is a highly disturbing state of affairs. The issue of sexual harassment in higher institutions has attracted the attention of a number of academics – (Osakwe 2008, Igborgbor 2008, Okecha, 2008). Sexual harassment is a manifestation of power relations and most times girls and women are at the receiving end. Sexual harassment is not restricted to any age level – some academic elders have been known to engage in this abominable game. Some academics have lost their jobs arising from this misdemeanor. Some have continued to exploit and defile girls and make public boast of their sexual escapades. Some girls and married women have been traumatized, all in a bid to acquire a university degree or diploma from other tertiary institutions. Closely related to the issue of sexual harassment is corruption in our educational system from primary to university level. Pupils and students are compelled to pay for one levy or the other. Signing of referees report, clearance, course form, data card – all attract illegal charges. Sometime ago in the history of Nigeria,
Teachers at all levels of education earned a great deal of respect from members of the public. Seen as honest, disciplined and morally above board, it was then most fashionable to look for a teacher whenever a public position that called for a person of high integrity became vacant. They had the aura of saints and always proved their admirers right whenever they had the opportunity to bring their experience and knowledge to bear on public affairs. However, this hallowed integrity of the academic class appears to have taken its leave as the country continues to stink with corruption (Aghedo 2008).
Within the last couple of years, three professors paid the price for sexual exploitation of girls and had to be disgraced out of office. There are still many more waiting to be disgraced. Academic corruption has assumed different dimensions ranging from plagiarism, victimization, gagging of academic freedom, erosion of mentoring to production of foot soldiers/”academic hostage taking” – by which junior academics under a senior colleague have no choice but to do their master’s bidding. Academic freedom that once characterized the university system is fast eroding and giving way to dangerous campus politicians, cliques and other interest groups – whose interests are some other things except academics.
Examination malpractice has also become a major problem besetting education in Nigeria. The phenomenon has become monstrous and will take only very bold and ruthless measures to wipe out. The unfortunate situation is that some people who are expected to address this issue are products of examination malpractice themselves.
Examination malpractice is not gender restricted, both boys and girls are firmly in the business.
Transport and Corruption
The airports lack necessary facilities; the National Emergency Management Agency (NEMA) cannot locate sites of air wreckages. The most recent defied location until several months after by hunters. The railway lines remain dysfunctional – some rail lines are now used by traders to display their wares.
General Attitude to Corruption
People no longer express bitterness and shock each time they hear of billions of Naira being stolen from public coffers, since it has now become a daily occurrence. For example, it was reported that in one month, a Governor in a state spent N1bn (One billion Naira) in his state for security matters – a state where there was no war, nor the breakdown of law and order.
The status of corruption in Nigeria today is a product of the inconsistency and irregularity of the war against corruption – Having been fought to a standstill by General Murtala Mohammed between 1975 and 1976, a follow up such as Buhari/Idiagbon and later by Nuhu Ribadu would have brought the monster to its knees. But the intervening period between Mohammed and Buhari brought in General Babangida who ruled between 1985 and 1993. Unlike the Buhari regime that came hard on looters of public fund several of whom were handed various prison terms, Babangida returned the assets of the various officers and restored the ranks of the dismissed officers. Call it reward of corruption! This history may repeat itself once again, if the travails of Nuhu Ribadu is allowed to continue. Call it punishment for fighting corruption! The war against corruption at the moment is asleep.
Corruption and the Power Sector
Two thousand (2,000) megawatts of electricity was being generated in 2008 as against the 3,000 generated in 2003. These are ridiculous figures. South Africa with a population of 60 million, generates 45,000 megawatts and the government of South Africa is aspiring to increase her capacity to 60,000. How can Nigeria still claim to be the giant of Africa? Our industries and small scale businesses provide their own electricity – how can they break even in the face of exorbitant production cost essentially because of the lack of steady public power supply. How can industrial dreams of Nigeria be actualized in the light of the current energy challenges. In spite of the President’s plan to declare a state of emergency in the power sector, things have not improved. Small scale businesses, artisans and several self-employed Nigerians have been forced to close their businesses due to non-availability of power.
It was reported (Tell December 8 that in one month (November, 2008) the worsening power situation forced the Power Holding Company of Nigeria (PHCN) to announce the loss of 800 MW generation capacity – within the same period the Sapele Power Station was completely shut down, and the Egbin power station in Lagos was operating “at reduced capacity”. Exactly 10 days after, PHCN reported additional loss of 200 MW. All these have been responsible for the 12 hourly zonal power rotational rationing to maintain system stability and ensure even distribution of the limited generation output from the functioning plants. Under the rotation plan, PHCN divided the country into zones. Each zone gets electricity for 12 hours; even this is no guarantee that the light would come. There are areas/sections of the country where power outage is more regular than public power supply. Even the “promised” additional 6,500 MW by 2009 is a far cry from our expected electricity demands in Nigeria.
We are further informed (Tell December 2008) that each University spends more than N120 million annually on diesel. What a colossal waste of money that would have been ploughed into other critical areas of University administration. Not many Universities in Nigeria can even afford to spend that staggering sum of money for electricity. This of course, does not include the regular electricity bills from PHCN.
CORRUPTION AND IRON AND STEEL INDUSTRY
The iron and steel industry has gulped billions of dollars, since the 1980s – yet there is nothing to show for it. The Federal Government set up the Ajaokuta and Delta Steel plants, alongside three Inland Rolling Mills at Oshogbo, Jos and Katsina. The steel plants and the Rolling Mills have not been able to meet the steel aspirations of Nigerians, mainly because of corruption and beaurcactic bottle-necks. What we now have is more like steel museums instead of steel plants. How do we explain the astronomical cost of imported iron and steel products when we are supposed to be producers of the product? In some of the plants, the components and spare parts are no longer being produced in any part of the world. The computer components are totally obsolete thereby leaving the engineers to cannibalize existing components to the point that there is nothing to fall back on.
The Minister of State overseeing the Ministry of Mines and Steel Development, pleaded recently with Nigerians to be patient with the pace of development, stating that, “theirs is not a go slow government”. Unfortunately, Nigerians can not but believe that the present and past administration have no clear-cut policy on how to reengineer the iron and steel industry and position it for Nigeria’s industrial take off. For how long will Nigerians wait for the take-off of an effective iron and steel industry? Several Nigerians were sent to Europe, Russia and Japan to be trained for the iron and steel industry. All these high calibre manpower have been laid off in the face of the privatization Policy of the last administration. Some of the steel plants were concessioned to the political partners/business associates of the government of the day.
The iron and steel industry is the bedrock of any meaningful technological and industrial development of any nation. Nigeria cannot afford to remain an eternal importer of steel products. This sector ought to contribute significantly to the economic development of Nigeria. There seem not to be a clear road map that would lead Nigeria to becoming a major participant in steel development on the African continent. How can the dream of making Nigeria one of the best 20 economies of the world by 2020 come true? How can this be achieved when the primary steel mills have been privatized into wrong hands? The control of the primary source of steel (liquid and flat) is the control of the industrial development of the nation. The iron and steel industry then is a critical area of economic development that should not be left in the hands of investors whether foreign or indigenous.
The dedicated rail line linking Delta Steel Company, Aladja, Ajaokuta Steel Company Limited and the Nigerian Iron Ore Mining Company Itakpe are yet to be completed – until this is done the full value of the companies can never be realized. The rail line project, like several other government projects is more like an abandoned project that is already suffering fast depreciation. The River Niger is yet to be dredged and the Escravos estuary is yet to be cleared. Liquid steel can never be produced at Ajaokuta without all these things being put in place.
EXTRA JUDICIAL MURDERS
An issue that has bothered many Nigerians and sent shivers down the spines of the citizenry has to do with extra judicial murders. A number of families have been traumatized arising from the loss of their loved ones in incidents bordering on extra judicial murder. The unfortunate aspect of this development is that evidences are either totally obliterated or the victims are presented as criminals – the dead cannot speak for himself or herself. A few examples will buttress the point here – Almost two decades ago, a Nigerian star athlete Dele Udo was shot dead at a Police check point. This has also been the lot of a number of innocent Nigerians at various police check points across the country at one point or the other. In 2002, some traders traveling along the Okene – Lokoja highway were intercepted by some policemen who discovered they had a lot of money on them. The policemen tied up the traders and bundled them into the bus and set it on fire, while making away with their millions of Naira. One of the traders miraculously survived and escaped and reported the incident. The policemen were late apprehended, tried and sentenced appropriately. A renowned journalist, Bayo Awosika died in circumstances bordering on extra judicial killing. It was alleged that he died after his vehicle hit a police van and thereafter somersaulted several times before landing at another part of the road. In spite of the claim of sommersault, there was no dent on the vehicle; the handbreak of Bayo’s car was still on; and there was a piece of fire wood under the car. The post mortem examination revealed that the young man died from a missile injury – that is, he was hit by a fast moving metal (bullet). Could this have been another case of extra judicial murder. The case of citizen John Abah in Benue State is still very fresh. On November 14, 2008, bullets fired by a police patrol team felled him, the young man had gone out that night to relax with his friends when his life was cut short. The incident that led to his untimely death is traceable to a rift between the deceased and a police officer at a public beer parlour. In 2006, policemen killed a young man in the same town – Oturkpo, over a protest by residents to a PHCN facility due to power outage.
On December 2, 2008, the authorities of Lagos State University, were compelled to issue a press release on the shooting of its students. This was sequel to the shooting on the 25th of November, 2008 of 4 students of the University who had gone for Local Government identification. Arising from the swift reaction of the authorities of Lagos State University, the State Governor swung into action. The erring policemen were arrested and subsequently dismissed. One of the students shot eventually succumbed to his injuries despite the combined efforts of Lagos State Government and Lagos State University to save his life. The question is for how long will Nigerians put up with this barbaric and senseless killing of her citizens by people who are expected to protect them? The killing of a student in Athens, Greece early December 2008 sparked off protests from students and teachers for several days running. The killing of a Brazilian in the United Kingdom during a terror raid led to the prosecution of the police officer concerned. In December 2008 a lady was killed in Ogun State – she was taken for an armed robber. The police made spirited effort at explaining away the fact that the woman was an armed robber. A young man was shot dead by policeman in front a bank in Benin City for engaging in a brawl in front of the bank – this incident took place in January 2009. In the same month of January a young man was shot dead in Lagos by policemen under unexplained circumstances. Some commercial drivers have been victims of either police shootings or other forms of brutality for their refusal to part with their money illegally “usual toll”.
MILLENNIUM DEVELOPMENT GOALS (MDGs)
Following from the United Nations Millennium Declaration which was adopted at the Millennium summit held in New York, September 6th – 8th, 2000, Nigeria committed herself to realizing the Millennium Development Goals (MDGs) by 2015. These goals were targets for making measurable improvements in the lives of the world’s poorest citizens.
Goal I: Eradicate Extreme poverty and Hunger
Poverty still stares millions of Nigerians in the face. The degree of hunger manifests clearly at burial, wedding and other social events where free food and drinks are served lavishly by a select few. In such gatherings, several uninvited guests scramble for food. Worse still, are the milling teenagers who anxiously wait for those properly served, to leave the remnants for them to either eat or carry away. Many of our young people have now become scavengers in the midst of supposed plenty.
According to Bolatito (2008), poverty exists where people lack the means to satisfy their basic needs. These may be defined in a restricted sense as those needs necessary for survival, or broadly those needs reflecting the prevailing standard of living in the community. Poverty describes a situation where peoples resources (material, social and cultural) as so limited as to exclude such people from the minimum acceptable way of life. Poverty is multifaceted (Bolatito 2008); it includes poor access to public services and infrastructure, unsanitary environment, illiteracy and ignorance, poor health, insecurity, voicelessness and social exclusion, including low levels of household income and food insecurity.
Between the period 1980 to 1996, the proportion of poor people rose from 28.1% in 1980 to 65.6% in 1996. This, in terms of numbers translates to 17.7 million poor people in 1980 and 67.1 million people in 1996. It is estimated that by 2015, between 30.1 million and 40.4 million people would still be living in poverty in Nigeria.
According to African Forum and Network on Debt and Development (AFRODAD 2005), Nigeria with an annual per capita income of barely $300, is one of the 20 poorest countries in the world. It is estimated that Nigeria grows at about 3% and the national savings rate is about 15%. In the midst of other daunting challenges of infrastructural decay and corruption, how can Nigeria attain the Millennium goal number one?
Since independence, Nigeria has steadily fallen into the group of countries with a low level of human development, as characterized by an (HDI) coefficient of less than 0.5 (on a scale of 0-1). With a score of 0.470, Nigeria occupies a lowly 158th position, where countries like Eritrea and Senegal fare better. This is a very big shame indeed. How can it be said that Benin Republic and Rwanda are higher up the ladder than Nigeria in GDP per capita.
Table 1: Nigeria’s human development index 2005
HND value
Life expectancy at birth (years)
Adult literacy rate
(%ages 154 and older)
Combined primary, secondary and tertiary gross enrolment ratio (%)
GDP per capital (PPP USS)
1. Iceland (0.968)
1. Japan (82.3)
1. Georgia (100.0)
1. Australia (113.0)
1. Luxembourg (60.228)
156. Senegal (0.499)
163.Botswana (48.1)
102.Algeria (69.9)
136.Nepal (58.2)
158.Rwanda (1,206)
157.Eritrea (0.483)
1653.Cote d’Ivoire (47.4)
103.Tanzania (United Republic of) (69.4)
137.Equatorial Guinea (58.1)
159.Benin (1.141)
158.Nigeria (0.470)
165.Nigeria (46.5)
104.Nigeria (69.1)
138.Nigeria (56.2)
160. Nigeria (1,128)
159.Tanzania (United Republic of)(0.467)
166.Malawi (46.3)
105. Guatemala (69.1)
139. Bangladesh (56.0)
161. Eritrea (1.109)
160. Guinea (0.456)
167.Guinea-Bissau (45.8)
106.Lao People’s Democratic Republic (68.7)
140.Yemen (55.2)
162. Ethiopia (1,055)
177.Sierra Leone (0.336)
177.Zambia (40.5)
139.Burkina Faso (23.6)
172.Niger (22.7)
174.Malawi (667)
Human Development Report 2007/2008 Country fact Sheets - Nigeria
Table 2: Selected indicators of human poverty for Nigeria
Human Poverty Index (HPI-1) 2004
Probability of not surviving past age 40 (5) 2004
Adult illiteracy rate (%ages 15 and older)2004
People without access to an improved water source (%) 2004
Children underweight for age (% ages 0-5) 2004
1.Chad (56.9)
1.Zimbabwe (57.4)
1.Burkina Faso (76.4)
1.Ethiopia (78)
1.Nepal (48)
27.Yemen (38.0)
12.Congo (Democratic Republic of the (41.1)
34.Lao People’s Democratic Republic (31.3)
8.Congo (Democratic Republic of the (54)
22. Angola (31)
28. Burundi (37.6)
13.Guinea-Bissau (40.5)
35. Guatemala (30.9)
9. Fiji (53)
23.Maldives (30)
29. Nigeria (37.3)
14.Nigeria (39.0)
36.Nigeria (30.9)
10. Nigeria (52)
24.Nigeria (29)
30.Malawi (36.7)
15.Cote d’Ivoire (38.6)
37.Tanzania (United Republic of)(30.6)
11.Madagascar (50)
25.Sri Lanka (29)
31.Rwanda (36.5)
16.Uganda (38.5)
38.Algeria (30.1)
12. Mali (50)
26. Philippines (28)
108. Barbados (3.0)
173.Iceland (1.4)
164.Estonia (0.2)
125.Hungary (1)
134.Chile (1)
Human Development Report 2007/2008 – Country Facts Sheets - Nigeria
Tables 1 and 2, summarize the sordid state of affairs as it relates to Nigeria poverty rating at the global level. How realizable is MGD1 in the face of this staggering poverty level in Nigeria?
GOAL 2: Achieve Universal Primary Education
The National Policy on Education (2004, revised) states that “the Government recognizes education as an instrument par excellence for effecting national development. The Universal Basic Education Commission (UBEC) is saddled with the responsibility for ensuring that Nigeria attains the goal of Universal Primary Education by the year 2015. How can this lofty goal be attained in the face of the non-cooperation of several states in the federation, in not meeting up with the demands for accessing their state fund for the Universal Basic Education programme? Less than 50% of the states in the country have been able to comply by paying their counterpart funding. Unless and until this is done, such defaulting states, and by extension, the country will be unable to meet the 2015 target date for attaining universal primary education. What could be responsible for the lacklustre attitude of several state governments towards fulfilling their part of the obligation in this regard? Can it be that education is undervalued by the current democratic actors or that the conditions for accessing the fund does not permit for the usual huge financial seepages into the wrong hands?
Nigeria also endorsed the Jometien conference on Education for All (EFA) by the year 2000, that set out targets for early childhood care and development, primary education, junior secondary and adult literacy. The trend in gross enrolment ratio (GER) indicates considerable fluctuation in enrolment between 1991 and 2000. Enrolment increased appreciably between 1990 and 1994, rising from 68% to 86%. Thereafter, enrolment declined to 81% in 1995 and 70% in 1996. Therefore, Nigeria did not achieve the Jometien EFA goal of 2000.
The Universal Basic Education (UBE) guideline stipulates that each primary and junior secondary school should have one general science laboratory to cater for elementary science and domestic science; one well ventilated toilet for a maximum of 40 pupils or students per toilet; one teacher to teach or handle 40 pupils or students. These conditions by what is obtainable in our schools is utopian, and may not be attainable even by the year 2015. Very few schools have the semblance of a laboratory. The nearby bushes provide toilet facilities in some of our schools.
GOAL 3: Promote Gender Equality and Empower Women
The target of this goal is to eliminate gender disparity in primary and secondary education by 2005 and to all levels of education not later than 2015. The indicators here are:
- Ratio of girls to boys, in primary, secondary and tertiary education.
- Ratio of literate females to males of 15-24 years old.
- Share of women in wage employment in the non-agriculture sector
- Proportion of seats held by women in national parliament.
Gender disparity still manifests strongly in access to primary, secondary and tertiary education leading to unequal access to employment (Millennium Development Report 2004)
An estimated 50% of Nigeria’s population is made up of women and girls; however, gender disparity in access to primary, secondary and tertiary education dates back to the pre-colonial era and has its roots in Africa traditional culture. Will the target of gender equality and empowerment of women be reached by 2015. The answer is obviously in the negative. Society must be ready to deal with gender-stereotyping and the acceptance that the female gender can aspire to the highest height if society will allow. The age-long notion of women as just being there to make children or to meet the pleasure demands of the men folk must be jettisoned. Women excel in whatever chosen career they go into; they are very good and better managers of the home and society. There should be no gender discrimination on job, whether public or private.
GOAL 4 – Reduce child Mortality
The National Millennium Goals Report (2004) noted that not much progress has been made in reducing child mortality. Estimates from the 2003 National Demographic and Health Survey put under-five mortality rate as 217 per 1,000 with large regional variations. Urban and rural areas had under five mortality rates of 243 per 1,000 and 153 per 1,000 respectively. The projection of the goal under consideration, is that, there must be a reduction by two thirds (2/3) of under-five mortality by the year 2015. In other words, Nigeria should be able to reduce under-five morality to 49 per 1,000 by 2015. It is most unlikely that Nigeria will meet the 2015 target of reducing under-five mortality by two thirds (2/3).
The major obstacles towards achieving goal 4 of the MDGs are poor access to health care facilities (poverty), HIV/AIDS and poor maternal health. Good health services costs money and this is not within the reach of the poor that unfortunately make up the majority of Nigeria’s population. Corruption and greed has not yet permitted for free-health services to the poor. Unfortunately, those in government who ought to ensure high class medical facilities in our public health institutions have failed in their responsibilities. It is these same persons who can afford to travel overseas for the slightest ailments.
Availability of Health Care facilities, 1996 – 2000
(Per’000 People)
1996
1997
1998
1999
2000
No. of Doctors
0.212
0.207
0.201
0223
0.22
No. of Hospital Beds
0.677
0.643
0.613
0.575
0.639
The table depicts the very appalling state of health care facilities in Nigeria. What efforts are on ground to ensure that the picture changes drastically in the positive direction before the year 2015?
GOAL 5: Improve Maternal Health
The target of this goal is to reduce maternal mortality ratio by three quarters between 1990 and 2015. Although there has been slight decrease in maternal mortality since 1990, the level still remains high at approximately, 1,000 per 100,000 live births from the late 1990s to 2001. The national maternal mortality rate was 704 per 100,000 live births with considerable regional variation (MDG Report 2004)
Maternal deaths in Nigeria, like in most developing countries are usually traceable to women’s powerlessness and their unequal access to employment, finance, education, basic health care, and other resources.
The challenges to the achievement of goal 5 of the MDGs include teenage pregnancy, harmful cultural practices, lack of health personnel and other infrastructure, especially in the rural areas. Nigeria accounts for 10% of global maternal deaths (UCAID 2008).
52,000 Nigerian women die yearly from maternal related complications. Lanre-Abass (2008) stated that majority of births in Nigeria (66%) occur at home. A smaller percentage of women receive postnatal care, which is crucial for monitoring and treating complications in the first two days after delivery. Nigerian health system has been bedeviled with problems of service quality, including unfriendly attitude of some health personnel (doctors and nurses), inadequate skills, decaying infrastructure, shortage of essential drugs and fake drugs.
GOAL 6: HIV/AIDS, Malaria and other diseases
It is estimated that over 4.5 million Nigerian adults and children are living with HIV/AIDS in 2008. The cumulative deaths from AIDS as at 2008 was about 4.2 million people. These are startling figures that should disturb any group of people (Osakwe 2008). The age groups most affected by the virus includes 20 – 29 year olds, while the regions with highest prevalence rates include the North Central, North East, and South-South zones. It is shocking to know that University treated 10,800 persons with HIV between January and October, 2008.
Several factors contribute to the spread of HIV/AIDS in Nigeria; this includes sexual networking practices such as polygamy, a high prevalence of untreated sexually transmitted infections (STIs.), low condom use; poverty; low literacy; poor health status, stigmatization and irresponsible sexual habits. The prevalence of malaria in Nigeria has remained high, and this is due to the abundance of blocked drainages and general uncleanliness that aids the malaria vectors. It is estimated that about a million deaths are recorded annually in Nigeria arising from malaria. The fact that we have inadequate number of well-trained medical personnel to implement programmes like the national AIDS programme remains a major challenge towards the realization of Goal 6 of the MDGs.
GOAL 7: Ensure Environmental Sustainability
Nigeria is still grappling with the challenge of environmental sustainability. There are still major problems related to land degradation, pollution, flood, erosion, desertification, inefficient use of energy resources, loss of biodiversity, environmental disasters and deforestation. There is still poor access to improved sanitation facilities in Nigeria, which may be blamed on poor implementation of health and housing and other related policies, high levels of poverty, low level of awareness about issues concerning environmental sustainability and general rural improvement. Why has the perennial gully erosion in the South East, parts of Delta and Edo defied attention – instead, farmlands and buildings are annually washed away; roads cut-off and communities separated; children and adults are washed away by floods. How explainable is it that in the 21st century, even in some university campuses, students defecate anywhere and worse in some female hostels! “Short-put” has acquired a new meaning for this anti social behaviour. Students defecate into black polythene bags and throw same behind their halls or leave them at the toilet ends. Sometimes these human wastes are washed away into gutters and drains thereby creating health hazards. Excavations for construction and building sand may not be as obvious an environmental hazard as short put; but excavation without recourse to the environmental consequences leaves much pain and anguish for the people. Some Nigerians daily contribute to environmental degradation and threat to lives and properties by their careless and environmentally – unfriendly activities.
GOAL 8: Develop a Global Partnership for Development
Nigeria has continued to play a prominent role in regional cooperati
About the Author
Professor Emman Osakwe
B.Sc. (Nig), M.Ed. (Philadelphia), M.A. (London) Ph.D (Ibadan)
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Know Your Rights! Legal Updates 2007
Unless you've been living under a rock in outer space then you'll have heard about the smoking ban, but do you know about the legal updates on maternity leave, holiday entitlement and corporate management? Workers, employers and directors need to be aware of these developments. In case you're not up to speed, here is an overview of what you need to know.
Maternity Leave and Maternity Rights
The Work and Families Act 2006 enforced changes to employment and maternity leave regulations, employee's maternity leave rights and certain key notice periods. For mothers of children born after 1st April 2007, these changes are now in force.
Maternity Leave:
All female employees are now entitled to a total of 52 weeks' maternity leave. This is divided up into Ordinary Maternity Leave and Additional Maternity Leave, each of 26 weeks. The employer must also carry out a pregnancy risk assessment.
Statutory Maternity Pay and Maternity Allowance:
For 39 weeks of their leave, it's an employee's maternity leave right to receive either Statutory Maternity Pay or Maternity Allowance, depending on how long she has worked for the employer.
Working During Maternity Leave & KIT Days:
Employees on maternity leave are entitled, subject to employer's approval, to return to work during maternity leave for a maximum of 10 days. This may be for a day of work or to attend training or other events. Such days are normally known as Keeping In Touch (KIT) Days.
Returning to Work:
It's an employee's maternity leave right to return to work at the end of their maternity leave. To facilitate a smooth transition from maternity leave to work and to assist new mothers in balancing priorities, flexible working may be applied for.
Simply-Smoke-Free
Since 1 July 2007 it has been an offence to smoke in a public place or place of work. A company has a duty to provide a safe, smoke free working environment and uphold the new ban imposed on smoking in public places, as set out in the Health Act 2006.
No Smoking signs must be placed in all smoke free workplaces and vehicles. This assists in compliance with the overall obligation on a company to ensure that employees, visitors and customers are all aware that such areas and vehicles must, under the law, be smoke free.
Smoke Free Policy:
Fines may be levied upon employers that fail to respond to the changes in the law on smoking. If an area is enclosed or substantially enclosed, it should have been smoke free since 1 July 2007.
Smoke Free Vehicles:
If a vehicle is to be used to transport members of the public, or in the course of paid or voluntary work by more than one person, it must be kept smoke free.
Increased Holiday Entitlement
Under the new Working Time Regulations 2007, from the 1st October 2007 the minimum holiday entitlement increased from 4 weeks per year to 4.8 weeks per year. This represents the first stage of a two-stage increase to 5.6 weeks to be completed on 1st April 2009.
What Does this Mean for Employers?
Providing employees receive 20 days holiday entitlement per year and do not work on public holidays there is no change, as the new minimum holiday entitlement is inclusive of public holidays.
Any employer whose staff have less than 24 days holiday entitlement including bank holidays are obliged to increase this. Employers also have a duty to inform staff of any increase in holiday entitlement through either a letter or a short statement, for example on a pay slip.
Companies Act 2006 - Oct 2007 Implementation
The Companies Act 2006 was enacted following a review of company law in the UK.
One of the major changes under the Companies Act is that four of the seven directors' duties are now codified for the first time (the other three are still awaiting commencement and remain under common law). Other changes involve shareholder written resolutions, AGMs and statutory company registers.
Shareholder Written Resolutions:
Whilst private companies have been able to make use of written resolutions for some time, they could only be passed with unanimity. With the new Companies Act it is now only necessary to secure the agreement of members representing 50% (for ordinary resolutions) or 75% (for special resolutions) of the total voting rights of eligible members..
General Meetings:
With effect from 1st October 2007, private companies are no longer required by law to hold an AGM. Previously private companies were able to pass an elective resolution to dispense with an AGM, but with the new Companies Act there is no statutory requirement to hold AGMs although a company may decide to hold them.
Statutory Company Registers:
The Companies Act 2006 removed the obligation to maintain a Register of Directors Interests as of 1st April 2007. The register must now show a service address rather than a residential address. Companies must now also keep a Register of Directors' Residential Addresses.
About the Author
Iain Mackintosh is the managing director of Simply-Docs. The firm provides over 1100 legal document templates covering all aspects of business from the new holiday entitlement
requirements to workplace health and safety laws. By providing these legal documents (with content provided by leading commercial lawyers, HR and health & safety consultants) at an affordable price, the company intends to help small business
WorkersCompensation.com NewsLine Video Report for 12/12/2006
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CALGARY, ALBERTA--(Marketwire - May 12, 2010) - Monterey Exploration Ltd. ("Monterey" or the "Corporation") (TSX:MXL) is pleased to provide its financial and operating results for the three months ended March 31, 2010. M Quid Pro Quo Season 1, Episode 1
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Got Controlled Interruptions?
Got Controlled Interruptions?
Speed Read
Let’s agree about one thing, Americans are taught by their parents, teachers, and employers this powerful truth – Always, without exception – Finish-What- You-Start, right?
How about the second great American rule? Always, without exception:
Look-Folks-In-The-Eye – when you speak to anyone. Why? It seals the bond of sincerely because somehow, evil folks – villains – cannot look you in the orbs when they weasel, equivocate, tergiversate, and lie. Can they learn to look you…?
Law of Diminishing Returns
Bear with me, neuroscientific research at University of California, San Diego August 2009, destroys the proof for continuing what you start, until the end. It suggest we Break-It-Up, have Time-Outs, Controlled Interruptions - for optimal results.
Wait. If there is one thing polls indicate with 100% results one way, and none the other, is we universally hate commercials. When an ad blocks my web page, it sets my teeth on edge, and causes cortisol, the stress hormone to flow for fight-not-flight.
Dr. Leif D. Nelson, has published unexpected results in the Journal of Consumer Research, volume 36. In a nutshell, Homo sapiens adapt quickly to new good and bad circumstances.
The fancy word is Habituation: after a number of exposures to anything – great music, brilliant lectures, and tv without commercials, our brain stops flushing itself with the pleasure neurotransmitter – dopamine.
And we stop paying attention. The stimulus just does not register anymore. Our pleasure begins to plateau through excessive familiarity. Our feelings habituate.
So What
In love the first time is Magic, the second time, lively, and the third time, merely routine. And our brain hates routine, and just plain ignores the stimuli.
Dr. Nelson goes on to say, tv commercials improve (see fMRIs) our enjoyment of the show because it interrupts the adaptation factor of the brain. Could even geniuses have a limited attention span, and after the climax, it is all-downhill?
When there are no commercials engineered to interrupt the flow, folks break up the uniformity by getting up for a liquid refreshment, share a telephone call, or hold a lively conversation with a co-participant. Is it a subconscious act?
Coda
If you want to learn new knowledge or skills faster, with improved long-term memory, and powerful attention and concentration, do not finish-what-you-start. Tell me, does this apply to school kids learning, or executives in their career track, or both? Right, both.
New Rules Start it, go for ten-minutes, and stop. Do another unrelated activity, and return to the original learning, writing, reading or listening for another fifteen-minutes. You will feel refreshed and find new pleasure and originality in your task afterward.
The secret to reducing habituation, adaptation, and diminishing results is called – Controlled Interruptions. Make it new again.
Why do we have habituation? In order to tell apart between relevant, meaningful experiences, and trivia from the unchanging background. Example: adults and kids stop gazing at a visual stimulus, the longer it is presented. The brain desires novelty.
Improved Attention Span
Everyone but Arne Duncan, new Secretary of Education, believes teenagers are lazy, spoiled, and have limited attention span. He is changing the name of former President Bush’s education reform law from - No Child Left Behind, to Your Child’s Left Behind. No matter, we need at least one new strategy for better Attention Span.
Attention produces concentration, the skill to a new behavioral result. How? when you are motivated by the jolt of something new and exciting that grabs your interest. Sex, winning the Lotto, and competition for a promotion causes strong concentration.
Concentrating
When you are really concentrating, your PFC (Prefrontal Cortex) Executive brain is swimming in chemicals, hormones and neurotransmitters that produce Pleasure. Specifically, Google the neurotransmitter Dopamine the pleasure chemical.
When your attentions goes South, it means Dopamine levels drop, and your brain looks for distractions to motivate new positive behaviors.
Secret Strategy
We want to integrate your left (logic, linear, language) hemisphere, with your right (pattern recognition, spatial skills, holistic thinking and intuition) hemisphere. Your Two Hemispheres in harmony and homeostasis, is three-times more powerful than either alone.
Take out a pen and begin to doodle the Infinity Symbol, a reclining figure 8 with your dominant hand – for 90% of us, you use your right hand. Draw them in a series of ten, one under the other, and about two inches wide and two-inches long. Let your eyes widen as you look at your drawings.
Now switch to using your left hand to draw a series of ten more infinity symbols. Remember, your left hemisphere controls the right side of your body, and your right hemisphere runs the left side of your body.
In the two-minutes it takes, you integrate (unite) both hemispheres for increased attention, concentration, and long-term memory. The goal of this exercise is to widen your eye-fixation by accessing your Peripheral Vision for reading and comprehend three-words at a time instead of just one.
Endwords
The world economy is rocky and disruptive. The U.S. Gross Domestic Product will not improve substantially until this time 2010. Is it important to have personal growth for competitive advantage? Please recall that in the 1930s unemployment was up to 24%.
Only World War Two and the manufacturing of military supplies took up the labor slack. Today, March 2009, the U.S. has unemployment of approximately 11 million or almost 8%. However, employment in the U.S. is 144 million.
We must help the unemployed citizen to save his home and regain their economic livelihood, but never forget there is a healthy market of 144 million with money to spend for goods and services.
We suggest you would be more competitive by reading and remembering three (3) books, articles and reports, while your peers can hardly finish one. Personal growth creates a definite competitive difference. Ask us how you can dominate this economy.
Author of Speed Reading For Professionals, published by Barron's;
business partner of Evelyn Wood, creator of speed reading, graduating
2 million, including the White House staffs of four U.S. Presidents.
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Palm Springs, Laguna Beach, Newport Beach & San Diego Construction Lawyer Discusses the Building Industry in California
If you are a general or sub-contractor or are employed in connected with the construction industry and work in any of the hard hit areas of Southern California such as Laguna Beach, Newport Beach, Huntington Beach, Santa Ana, Anaheim, Palm Springs, Riverside, San Bernardino, Fontana, Fullerton, San Diego, Chula Vista, El Cajon, Temecula, Rancho Cucamonga, Ontario, Redlands, Moreno Valley, Palm Springs, Palm Desert, Orange County, Desert Hot Springs, Cathedral City, Fontana, Moreno Valley, Ontario, Rancho Mirage, Indian Wells, Indio, Coachella, Thermal, Yucca Valley, Victorville, Rancho Cucamonga, Corona, Hesperia, Apple Valley, Big Bear, Corona or Joshua Tree, the bad news is there may be worse to come on the horizon.
California's Construction Industry could be facing a perfect storm of monumental proportions as the credit crunch and delinquent construction and commercial real estate loans threaten to produce even less construction and more construction defect litigation.
It's being reported with greater frequency, higher and higher rates of delinquency in payments of construction and commercial real estate loans. Now with the credit crisis and bank failures, it is being reported that banks are cutting off credit to builders and more and more contractors are being forced to declare bankruptcy or to go out of business.
As builders and subcontractors cut corners to make a profit on losing propositions, construction defect litigation is almost certain to rise. If the possible scope of this economic crisis comes to fruition, fewer of the contractors and subcontractors responsible for defects may be around to fix the problems.
Liability insurance for builders and contractors in California has already been tight and some contractors have looked at their policies only to complain that despite the higher deductible, they still offer spotty protection.
A spot check of defendants in construction lawsuits filed over the past few years finds a significant percentage of the defendants in such lawsuits may no longer in business. Whether it is the result of such lawsuits or the economic crisis and the housing slump can't be determined. What can, however, be said, is that homeowners can no longer count on their contractor or subcontractors to be in business when problems are found in the construction of their homes.
While such builders may still have insurance which covers them for their defects, it can be hard for a homeowner's attorney to find that insurance when the builder is no longer around.When a subcontractor or his insurer is no longer around to stand up for their mistakes, general contractors worry.
In the Coachella Valley, construction spending fell 41.4 percent in the second quarter of 2008 from a year ago. Home prices dropped 22.7 percent. New construction starts are off by 90 percent since the peak of market activity in the third quarter of 2004. Unemployment in the Inland Empire of California was at 9.2 percent in August 2008. The construction industry that at one point employed nearly a third of the Coachella Valley's work force has seen its jobs cut almost in half.
Contractors who see the economic storm coming are cutting costs, selling the trucks and equipment they no longer need and just trying to hunker down until conditions improve. It is probably wise to cut back as much as they can because at last check, the wind speed of problems for this industry was increasing and as far as anyone can tell, the eye of the storm hasn't even come close.
If you have construction law issues and need help, whether you are a general contractor, a subcontractor, a homeowner or connected in any manner to the construction industry or the real estate market, we invite you to call us for a consultation.
If you have a construction law, real estate or mortgage issue in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Real Estate Lawyers, and Orange County and San Diego Construction Attorneys. For this reason, be sure to hire a California law firm with real estate and Construction lawyers who can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.
If you have a construction law or real estate legal issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
About the Author
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.
Visit our website at http://www.sebastiangibsonlaw.com if you have a construction law or real estate legal matter of any kind. We have the knowledge and resources to represent you as your Palm Springs Real Estate Lawyer and Newport Beach Construction Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.
Grady & Associates - Attorneys At Law - San Diego, CA
Gang Stalking is a systemic form of control, which seeks to destroy every aspect of a Targeted Individuals life. A target will be flagged by the community for various reasons, their information is sent out to the community at large, and they are followed around 24/7 by the members of the various communities that they are in.
The warning will go out to various places including stores, apartment rentals, future employers, communities that the target is visiting, doctors, fire departments, police, etc. A covert investigation might also be opened, and electronic, means used by the civilian spies/snitches as part of the overt and covert monitoring and surveillance process.
Individuals can be flagged designating them as having a history of aggressive or inappropriate behavior. This flagging system will follow the target if they move, change jobs, visit other areas. It let's the community believe that they are persons who need to be watched or monitored.
[quote]"In the service sector this may require identifying to employees persons who have a history of aggressive or inappropriate behavior in the store, bar, mall or taxi.
The identity of the person and the nature of the risk must be given to staff likely to come into contact with that person. While workers have the right to know the risks, it is important to remember that this information cannot be indiscriminately distributed.[/quote]
Community health and safety
A woman named Jane Clift in the U.K. went through a very similar type of flagging system. A warning marker was placed against her name designating her as potentially violent. Jane Clift was targeted this way and spent four year clearing her name.
[quote] Ms Clift said she was horrified at being entered on the register and, eight months later, left Slough, where she had lived for 10 years, as it was impossible to function normally.
She sensed that, everywhere she went, there was "whispering, collaboration, people scurrying about".
"Everywhere I went - hospitals, GPs, libraries - anywhere at all, even if I phoned the fire service, as soon as my name went on to that system, it flagged up 'violent person marker, only to be seen in twos, medium risk'."
Individuals are being flagged without their knowledge. In many countries these flags might fall under community safety and health laws. It seems that employers, educational facilities, and community centers are in some cases flagging innocent individuals as a means of retaliation, silencing, or controlling members of society.
http://www.harassment101.com/Article5.html
[quote]Maria Buffa, a former salaried employee in the personnel department at Ford World Headquarters in Dearborn, Michigan, said she, too, was sent to a psychiatrist after she filed a sexual harassment complaint in February 1999 against a woman co-worker. "You think, maybe I am the problem, else why would they be sending me to a psychiatrist," she said. The psychiatrist Ford selected, Dr. Edward Dorsey of Midwest Health Center, made a report that said the only psychiatric symptom Buffa dis
Role of the partners 9) Decision making and voting rights 10) Profit and loss sharing 11) Liability sharing 12) Business bank account/cash management 13) Accounts 14) Holiday entitlement 15) Illness and incapability 16) Retirement 17) The introduction of new partners; 18) Drawings and direct expenses; 19) Dissolution of the partnership 20) The death of a partner 21) Unfair competition 22) Dismissal of a partner 23) Signatures.
