scholarly journals Services publics — Pouvoir du tribunal d'arbitrage d'amender sa propre sentence

2014 ◽  
Vol 17 (3) ◽  
pp. 327-333

Summary A council of arbitration, appointed under the Act respecting Municipal and School Corporations and their Employees, which remained in office after rendering its award with power to hear any dispute arising as to its interpretation but whose authority has been limited by a clause in the agreement annexed to the award and reading as follows: Le Tribunal d'arbitrage n'aura pas juridiction pour rendre une décision incompatible avec les dispositions de cette convention, ni pour changer, modifier ou amender quelque partie que ce soit de cette convention. has the right to interpret its award and to correct a simple clerical error, but not to amend it. In the present instance, under the terms of the award, the employees of the same category as plaintiff were entitled to be paid at the rate of $1.29 per hour for time worked up to 44 hours a week, plus 50% for time worked in excess of 44 hours a week, the whole retroactive to a specified date. It cannot be said that it is only through a clerical error that the award was made retroactive not only as to the rate of pay but also as to the hours of work a week, even if it resulted in hardship for the employer. A tribunal cannot amend its decision any time that it finds that it acted without full information or complete realization of the effect of such dicision An arbitration award is not null because it was made retroactive for 13 months, contrary to the article 12 of the above-mentionned Act which limits the retroactivity to 12 months; but tis retroactivity should be reduced to that period. In amending its award as it did the council acted without jurisdiction and plaintiff was justified in taking action for the amount due to him under the award as originally made, but with the period of retroactivity shortened from 13 to 12 months.

Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.


1950 ◽  
Vol 96 (405) ◽  
pp. 1043-1047 ◽  
Author(s):  
V. L. Kahan

During the early winter of 1943 a series of cases was seen that presented syndromes of emotional disturbance, varying from acute excitement and confusion to depressive traits such as hypochondriasis, vague fears and insomnia. Hallucination, delusions, or ideas of reference, appeared in all. The patients concerned, six in number, were Indian males, all between 20 and 40 years of age, and were referred to the psychiatric section of the combined general hospital at Basra between October and December, 1943. They had a common background, inasmuch as they had all been away from India with their units for a year or more, and were members of military units working in S. Persia, closely in contact with petrol, either as can fillers or can stackers in enclosed spaces. The hours of work were long, and the men were kept at this work for extended periods. It was, at the time, essential to maintain heavy deliveries of petrol, and the men concerned were at work in high natural temperatures with only little consideration being given for possible ill effects from the freely evaporating petrol.


2018 ◽  
Vol 7 (1) ◽  
pp. 11
Author(s):  
Muhammad Hermansyah ◽  
M. Imron Mas'ud

<p><em>Many companies often pay less attention to the health of their employees during the work, it can seen from the number of employees exposed to the risk of diseases or health problems in retirement due to the imbalance between the needs of body and energy consumption that can lead to decreased productivity, especially labor-intensive companies one of them on the CV. X. The purpose of this study is to calculate the number of calories needed healthy body for employees of transport workers to regulate the pattern of food intake of the right transport workers so that caloric needs can be met. Data is collected by interview, observation and documentation study. The results showed that the work performed by transport workers was 1.5 hours including heavy work, 5 hours of moderate work and 1.5 hours of rest with an average caloric needs of 1253,601 cal / 8 hours of work, the body will experience a lack of calories when they work more or less about 6.5% (106,8576 cal / 8jam) of food they have eaten daily, then improved the food menu with an average of 1284,013 cal / 8 hours, an increase of 9.63% with the ratio of work productivity from before the improvement of 73.99% to 74.81%, resulting in an increase of 0.81%, implying on the convenience of laborers</em></p>


1978 ◽  
Vol 22 (1) ◽  
pp. 22-22
Author(s):  
Dileep R. Sule

Since the beginning of recorded history, man has been concerned about work-rest cycles. Studies of industrial fatigue date back to 1893 when the hours of work were reduced from 54 to 48 hours a week. Further reductions have brought us to a 40-hour work week with five days of work and two days of rest. Management recognizes the value of rest breaks and normally provides these in accordance with the type labor performed and environmental conditions.


1927 ◽  
Vol 20 (5) ◽  
pp. 253-264
Author(s):  
M. H. Ingraham

Mr. Chairman, Ladies and Gentlemen: A good many times today I have heard it said that we should emphasize in class those things that would interest the man in the street. I suppose that this is good doctrine. But if it is sound, it seems to me that our most important task is to find the right man in the street. Some years ago I succeeded in doing this to a marked degree here in Worcester. Between my sophomore and junior years in college I spent some time tramping in the White Mountains and on the way took the opportunity to see a little of New England. I had a very pleasant trolley trip starting from Hartford, including Springfield, Amherst, Northampton and ending here in Worcester. I had never been off the train in Worcester before and had only a few hours to stay. I knew nothing of the city except its population and the hours of a few departing trains. What should I see? What should T do? I went to the man in the street, the first policeman that I saw, and told him my plight. To my surprise he directed me to the Art Gallery. It was an unexpected answer but a very good one, for it is truly a gallery of which to be proud.


ILR Review ◽  
1982 ◽  
Vol 35 (2) ◽  
pp. 221-234 ◽  
Author(s):  
Terry R. Johnson ◽  
John H. Pencavel

This paper outlines a scheme that forecasts the change in net earnings or in hours worked that results from the introduction of a negative income tax (NIT) program. The authors illustrate this scheme by estimating labor supply functions for married men, married women, and single women who participated in the Seattle-Denver Income Maintenance Experiments. These functions are then used to simulate the effects of several NIT programs. The findings suggest that changes in the wage rate of an individual covered by an NIT program result in important changes in the hours of work of the individual's spouse.


2018 ◽  
Vol 11 (4) ◽  
pp. 109
Author(s):  
Shams El-Din Qassem Al-Khazaleh ◽  
Sayel Mofleh Momani

The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration. The Jordanian legislator adopted the broad concept of executive bonds and then not limited to judgments and decisions, but included official and ordinary bonds and tradable commercial papers. The executive bonds are the documents specified in the law of enforcement or any other law and are the reason for establishing the right to implement execution and Article 6 of the Jordanian Enforcement Law referred to this. In addition, the Jordanian Arbitration Law No. 31 of 2001 approved the implementation of the arbitrators&#39; judgments if the court ruled to uphold these provisions. The focus of our study was to implement the arbitral award as an executive bond and for its specificity as a judgment issued by natural persons with no jurisdiction. Only derive their task from the will of individuals. The parties to the dispute, but the reality that made the arbitration at the present time of the features that make it more acceptable by individuals to settle their disputes from resorting to the jurisdiction of the state, and respect for the legislator and his quest for stability and security made those decisions executive bonds under certain conditions are implemented through them. It is on this basis that this study is divided into sessions and we will address the concept of arbitral award. Then the implementation of the arbitration award and then we will discuss the terms of the arbitral award and enforceable judicial control over it and then move to the conclusion and its recommendations.


2020 ◽  
Vol 9 (2) ◽  
pp. 200
Author(s):  
Emad Mohammed Al-Amaren ◽  
Ahmed M A Hamad ◽  
Omar Farouk Al Mashhour

<em>Arbitration has been known since ancient times, Arbitration is an ancient system known to the ancient Greeks and Romans, and the first origins of arbitration was in the ancient Roman era. Arbitration is a legal path that seeks to resolve disputes when parties choose to deal with it. The result of the arbitration is called an arbitration award. Where this judgment is issued as a decision of rights and it is binding for opponents subject to it, and when the opponent who has the right obtained an arbitration award for his benefit, this arbitration award does not pay off the purpose of it only after the implementation of the other opponent for what it says. The issue of Execution of arbitration award is very important, and the arbitration decision includes judgment on the parties to the dispute and giving the right to another party and may also include binding the parties as if the expenses were divided between them. As for the implementation of the arbitrators award, it is only if the arbitration award has reached a certain degree of strength, so that the objection to it does not have an impact on its executive power or its enforcement, and this is with the approval of the judiciary. The role of the observer of the arbitration procedures upon the issuance of the arbitration award, in addition to that he plays an important role through the arbitration procedures from bringing a witness or bringing papers from a government agency, and from that we reach the research point where the judiciary and arbitration are connected through oversight of the arbitration award after its issuance as The judiciary determines the fate of the entire arbitration process, as it can nullify this ruling or make it enforceable</em>


2019 ◽  
Vol 34 (s1) ◽  
pp. s21-s21
Author(s):  
Paula Dootson ◽  
Dominique Greer ◽  
Sophie Miller ◽  
Vivienne Tippett

Introduction:Emergency services are not the only source of information that the public uses when considering taking action during an event. There are also environmental cues, information from the media, or actions by peers that can influence perceptions and actions. When cues from different information sources are in conflict, it can cause uncertainty about the right protective action to take.Aim:Our research responds to concerns that conflicting cues exacerbate community non-compliance with emergency warnings.Methods:The sample consisted of 2,649 participants who completed one of 32 surveys.Results:The findings from this project confirmed emergency services agencies’ suspicions that conflicting cues can affect information processing and risk perceptions, and therefore prevent people from taking appropriate protective action. The results were reasonably consistent across fire and flood scenarios, suggesting the problem of conflicting cues is not hazard-specific. When presented with consistent cues, participants were more likely to evacuate, perceive risk about the event, share information with friends, family, and peers, find emergency warnings to be effective, and comprehend information. When faced with conflicting cues, participants were more likely to seek out additional information. It affected their information processing and self-efficacy. The results did not change for people of different ages, native language, country of birth, or post-hazard experience. This is contrary to most emergency literature research findings, which show that individual differences play a role in impacting propensity to take protective action. However, there does appear to be a significant gender effect. These results require further exploration.Discussion:These findings may be used to assist emergency services agencies to tailor community warnings during time-critical situations, and develop ways to mitigate ambiguity caused by conflicting cues to encourage protective action in order to save lives and properties.


2015 ◽  
Vol 114 (6) ◽  
pp. 908-914 ◽  
Author(s):  
Beatriz Lara ◽  
Diana Ruiz-Vicente ◽  
Francisco Areces ◽  
Javier Abián-Vicén ◽  
Juan José Salinero ◽  
...  

AbstractThis study investigated the effect of a caffeinated energy drink on various aspects of performance in sprint swimmers. In a randomised and counterbalanced order, fourteen male sprint swimmers performed two acute experimental trials after the ingestion of a caffeinated energy drink (3 mg/kg) or after the ingestion of the same energy drink without caffeine (0 mg/kg; placebo). After 60 min of ingestion of the beverages, the swimmers performed a countermovement jump, a maximal handgrip test, a 50 m simulated competition and a 45 s swim at maximal intensity in a swim ergometer. A blood sample was withdrawn 1 min after the completion of the ergometer test. In comparison with the placebo drink, the intake of the caffeinated energy drink increased the height in the countermovement jump (49·4 (sd 5·3) v. 50·9 (sd 5·2) cm, respectively; P<0·05) and maximal force during the handgrip test with the right hand (481 (sd 49) v. 498 (sd 43) N; P<0·05). Furthermore, the caffeinated energy drink reduced the time needed to complete the 50 m simulated swimming competition (27·8 (sd 3·4) v. 27·5 (sd 3·2) s; P<0·05), and it increased peak power (273 (sd 55) v. 303 (sd 49) W; P<0·05) and blood lactate concentration (11·0 (sd 2·0) v. 11·7 (sd 2·1) mm; P<0·05) during the ergometer test. The caffeinated energy drink did not modify the prevalence of insomnia (7 v. 7 %), muscle pain (36 v. 36 %) or headache (0 v. 7 %) during the hours following its ingestion (P>0·05). A caffeinated energy drink increased some aspects of swimming performance in competitive sprinters, whereas the side effects derived from the intake of this beverage were marginal at this dosage.


Sign in / Sign up

Export Citation Format

Share Document