Expert’s view Paul Secher on preparing for employment tribunalsOn 28 Jan 2003 in Personnel Today Related posts:No related photos. Comments are closed. Previous Article Next Article Paul Secher sits as an employment tribunal member and is head of JSBTraining and Consulting’s Employment Law Faculty, which runs courses onpreparing for employment tribunals What is HR’s role in and how proactive should it be in preparing foremployment tribunals? HR’s role is crucial. Many disputes before employment tribunals are won orlost before the case begins. HR’s role is key in ensuring that employers takeessential steps to prevent successful actions being brought against them.Simple steps, such as making sure your employment contracts, personnel policiesand procedures are up-to-date, effective and properly implemented. Effectivepractices and procedures are your defence – and your deterrent to a claim beingbrought in the first place. Does HR have a good understanding of employment law? HR has a much better understanding of employment law than it used to – andit definitely needs it. The flow of legislation from Westminster and Brusselshas increased enormously and shows no signs of abating. HR must keep abreast ofthe latest legal developments and ensure line managers are properly briefed.Employment disputes often originate down the line. By the time they get to theHR department, it may be too late – the ‘You did what?!!’ syndrome. Has HR ever made saved the day or made a difference at a tribunal? Loads – and nothing to do with clever tricks or even brilliant advocacy.Usually much more mundane but very effective tactics like: showing not only thatyou had a fair procedure in place – but that you also carried it out properly;you made proper notes of meetings and other events, at the time; youimplemented best practice in your organisation and you trained your managersand staff in how to operate your policies fairly. Top 3 Tips – Documents win cases. Make sure your policies and procedures are up todate. Make notes – and keep them – If you need to take advice – internally or externally – take it earlybefore it’s too late for anyone to help – Make life easy for the tribunal – get your case in order, with sufficientcopies of all key documents.
Sharing is caring! 7 Views no discussions NewsRegional Amnesty slams Haitian judiciary for dropping Duvalier case by: – February 2, 2012 Share Tweet Jean-Claude DuvalierLONDON, England — Haiti’s judicial authorities have dealt yet another blow to the victims of former leader Jean-Claude Duvalier, Amnesty International said this week after the criminal case against the former “president-for-life” for grave human rights violations was dropped.An investigating judge in Port-au-Prince on Monday announced that Jean-Claude “Baby Doc” Duvalier will not stand trial for alleged crimes against humanity – including torture, disappearances and extrajudicial executions – but only for embezzlement of public funds committed during his rule between 1971 and 1986. The text of the judge’s decision has not been made public.Duvalier has been under investigation in Haiti since he returned from exile in France in January 2011, after a group of victims filed complaints accusing him of crimes against humanity as well as corruption and theft. The victims can appeal the judge’s decision and Amnesty International has vowed to continue supporting their search for justice.“The conclusion of the sham investigation into Duvalier is a disgrace and will further entrench impunity in Haiti. No serious effort was made to determine the truth despite the multiple complaints and abundant evidence about the crimes committed and the victims,” said Javier Zúñiga, special adviser at Amnesty International, who researched the crimes of Jean-Claude Duvalier in the 1980s. “The handful of victims that have been interviewed had been subjected to intimidation by Duvalier supporters and his lawyers. It is clear that the investigating judge left out invaluable evidence and decided not to interview all the victims that filed complaints. This is a dark day for Haiti and for justice.“Duvalier benefited from a safe haven in France for 25 years until he returned to Haiti, where the authorities have failed to hold him to account for the crimes under international law perpetrated by his subordinates while he was in power.”In January 2011, Amnesty International submitted extensive documentation on the grave human rights violations committed under Duvalier, none of which was considered by the magistrate. Under international law, torture, enforced disappearances, extrajudicial executions and arbitrary arrests are considered crimes against humanity when committed as part of a systematic or widespread attack against the civilian population. No statute of limitations may apply to crimes against humanity and the alleged perpetrators cannot benefit from amnesties, even in the case of former heads of state. Amnesty International has expressed concern that the current Haitian government lacks the will to bring Duvalier to justice. “Recent public statements from President Martelly hinted at pardoning Duvalier. This could amount to unacceptable pressure and interference with the investigation. Inviting Jean-Claude Duvalier to take part in public official ceremonies clearly showed that the government wanted to rehabilitate Duvalier instead of holding him to account,” said Zúñiga.“Haiti has failed to live up to its international obligations to investigate all allegations of crimes against humanity and bring their perpetrators to justice. Victims have been awaiting justice for more than 25 years, and today’s decision is a major setback to them and all Haitians. But this is not the end of the road – we will continue to support the victims at the appeal stage and in international instances if necessary.”Caribbean News Now Share Share
Along with a third straight BMS North Central Region crown, Chris Abelson (left) topped the Hawkeye Dirt Tour for Xtreme Motor Sports IMCA Modifieds this season. At right is IMCA President Brett Root. (Photo by Bruce Badgley, Motorsports Photography)SIOUX CITY, Iowa – Chris Abelson wanted to concentrate on winning his first Hawkeye Dirt Tour crown and hitting more special events this season.He accomplished both goals, while racing to a third straight BMS North Central Region title.“Following the Hawkeye Dirt Tour was my goal for the year. That and racing at more specials were the extent of my plans,” said Abelson, from Sioux City, Iowa, and the defending Xtreme Motor Sports IMCA Modified national king. “To get better, you need to race against better competition and I knew a lot of those drivers would be in the Hawkeye Dirt Tour and at the bigger shows.”“I wanted to become a better driver and see how I measured up,” he continued. “When you can race with drivers like that and be a top four car, you’ve got to consider that a success.”Largely a one-man team this season, Abelson ended with 31 wins in 70 starts – at 19 different tracks in three states – and paced the points at Buena Vista Raceway.His 10 Hawkeye Dirt Tour starts included a win and six more top five finishes.“Living on the other side of the state, I remember looking at the schedule and thinking to myself that there were races at a lot of tracks I’d never even seen, like Benton County, West Liberty, Dubuque and Tipton,” Abelson said.The winner at West Liberty, Abelson led the point race from July 21, after running second in the Knoxville show.“I battled with Joel Rust in the beginning of the series and Kelly Shryock was right there at the end,” he said. “There were a lot of good guys I had to beat to win the tour.”There were also a lot of good drivers he beat to win the region.“I missed some nights at my weekly tracks and it’s hard to even make the national top 10 without a track championship,” Abelson noted. “What saved me in the region was Buena Vista Raceway. I won enough races and with the bonus points from Alta I was able to win the region.”Abelson now has 139 career wins in his eight IMCA Modified seasons. Ninety-two of those checkers have flown in the last three years.“I got started racing later than most drivers but I’ve gotten more patient and learned to wait for things to come instead of pushing the issue. I’m as on top of my game now as I’m going to be,” he said. “More guys will get faster next year. I’m excited for a lot of them and look forward to racing with them.”Starts: 70Wins: 31Additional Top Fives: 21HIS SPONSORS: Afco Racing Products of Boonville, Ind.; Razor Chassis of Platte Center, Neb.; Friesen Chevrolet of Sutton, Neb.; Speedway Motors of Lincoln, Neb.; Sybesma Graphics of Sanborn; Shayne Hinkeldey and family of Ida Grove; Beck’s Hybrids of Colfax; and I-State Truck Center of Sioux City.