Decision-Making in Labour Courts Belgium
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Report of the Working Party on the Review of the Labour Tribunal
CONTENTS CHAPTER ONE – INTRODUCTION .............................................................1 I. Establishment of the Working Party ................................................1 II. Background ......................................................................................1 III. The Work of the Working Party .......................................................2 IV. Scope of the Review.........................................................................3 V. The Report........................................................................................3 CHAPTER TWO – THE SET-UP, PRACTICE AND PROCEDURE OF THE LABOUR TRIBUNAL .......................................................................4 I. The Set-Up of the Tribunal ..............................................................4 A. Registry..................................................................................4 B. Tribunal Officers....................................................................4 C. Presiding Officers ..................................................................5 II. The Staffing and Location of the Tribunal.......................................6 III. Jurisdiction of the Tribunal ..............................................................6 IV. Processing of Claims in the Tribunal ...............................................8 A. Filing Claims..........................................................................8 B. Inquiries by Tribunal Officers................................................8 C. Hearings in -
Resolving Individual Labour Disputes: a Comparative Overview
Resolving Individual Labour Disputes A comparative overview Edited by Minawa Ebisui Sean Cooney Colin Fenwick Resolving individual labour disputes Resolving individual labour disputes: A comparative overview Edited by Minawa Ebisui, Sean Cooney and Colin Fenwick International Labour Office, Geneva Copyright © International Labour Organization 2016 First published 2016 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Ebisui, Minawa; Cooney, Sean; Fenwick, Colin F. Resolving individual labour disputes: a comparative overview / edited by Minawa Ebisui, Sean Cooney, Colin Fenwick ; International Labour Office. - Geneva: ILO, 2016. ISBN 978-92-2-130419-7 (print) ISBN 978-92-2-130420-3 (web pdf ) International Labour Office. labour dispute / labour dispute settlement / labour relations 13.06.6 ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. -
Commdh(2005)10 Original Version
OFFICE OF THE COMMISSIONER FOR HUMAN RIGHTS _______________ BUREAU DU COMMISSAIRE AUX DROITS DE L´HOMME Strasbourg, 14 December 2005 CommDH(2005)10 Original version REPORT BY Mr. ALVARO GIL-ROBLES, COMMISSIONER FOR HUMAN RIGHTS, ON HIS VISIT TO THE REPUBLIC OF ICELAND 4 - 6 JULY 2005 for the attention of the Committee of Ministers and the Parliamentary Assembly CommDH(2005)10 2 CONTENTS INTRODUCTION.......................................................................................................................3 GENERAL OBSERVATIONS ..................................................................................................4 1. JUDICIARY ....................................................................................................................5 2. PRISON SYSTEM ..........................................................................................................7 3. PRE-TRIAL DETENTION............................................................................................8 4. HUMAN RIGHTS STRUCTURES.............................................................................10 5. TREATMENT OF ASYLUM SEEKERS..........................................................................12 6. INTEGRATION OF FOREIGNERS.................................................................................14 7. GENDER EQUALITY AND VIOLENCE AGAINST WOMEN ....................................16 8. NON-DISCRIMINATION..................................................................................................18 9. TRAFFICKING -
USA -V- Julian Assange Judgment
JUDICIARY OF ENGLAND AND WALES District Judge (Magistrates’ Court) Vanessa Baraitser In the Westminster Magistrates’ Court Between: THE GOVERNMENT OF THE UNITED STATES OF AMERICA Requesting State -v- JULIAN PAUL ASSANGE Requested Person INDEX Page A. Introduction 2 a. The Request 2 b. Procedural History (US) 3 c. Procedural History (UK) 4 B. The Conduct 5 a. Second Superseding Indictment 5 b. Alleged Conduct 9 c. The Evidence 15 C. Issues Raised 15 D. The US-UK Treaty 16 E. Initial Stages of the Extradition Hearing 25 a. Section 78(2) 25 b. Section 78(4) 26 I. Section 78(4)(a) 26 II. Section 78(4)(b) 26 i. Section 137(3)(a): The Conduct 27 ii. Section 137(3)(b): Dual Criminality 27 1 The first strand (count 2) 33 The second strand (counts 3-14,1,18) and Article 10 34 The third strand (counts 15-17, 1) and Article 10 43 The right to truth/ Necessity 50 iii. Section 137(3)(c): maximum sentence requirement 53 F. Bars to Extradition 53 a. Section 81 (Extraneous Considerations) 53 I. Section 81(a) 55 II. Section 81(b) 69 b. Section 82 (Passage of Time) 71 G. Human Rights 76 a. Article 6 84 b. Article 7 82 c. Article 10 88 H. Health – Section 91 92 a. Prison Conditions 93 I. Pre-Trial 93 II. Post-Trial 98 b. Psychiatric Evidence 101 I. The defence medical evidence 101 II. The US medical evidence 105 III. Findings on the medical evidence 108 c. The Turner Criteria 111 I. -
How Informal Justice Systems Can Contribute
United Nations Development Programme Oslo Governance Centre The Democratic Governance Fellowship Programme Doing Justice: How informal justice systems can contribute Ewa Wojkowska, December 2006 United Nations Development Programme – Oslo Governance Centre Contents Contents Contents page 2 Acknowledgements page 3 List of Acronyms and Abbreviations page 4 Research Methods page 4 Executive Summary page 5 Chapter 1: Introduction page 7 Key Definitions: page 9 Chapter 2: Why are informal justice systems important? page 11 UNDP’s Support to the Justice Sector 2000-2005 page 11 Chapter 3: Characteristics of Informal Justice Systems page 16 Strengths page 16 Weaknesses page 20 Chapter 4: Linkages between informal and formal justice systems page 25 Chapter 5: Recommendations for how to engage with informal justice systems page 30 Examples of Indicators page 45 Key features of selected informal justice systems page 47 United Nations Development Programme – Oslo Governance Centre Acknowledgements Acknowledgements I am grateful for the opportunity provided by UNDP and the Oslo Governance Centre (OGC) to undertake this fellowship and thank all OGC colleagues for their kindness and support throughout my stay in Oslo. I would especially like to thank the following individuals for their contributions and support throughout the fellowship period: Toshihiro Nakamura, Nina Berg, Siphosami Malunga, Noha El-Mikawy, Noelle Rancourt, Noel Matthews from UNDP, and Christian Ranheim from the Norwegian Centre for Human Rights. Special thanks also go to all the individuals who took their time to provide information on their experiences of working with informal justice systems and UNDP Indonesia for releasing me for the fellowship period. Any errors or omissions that remain are my responsibility alone. -
THE PLACE of the EMPLOYMENT COURT in the NEW ZEALAND JUDICIAL HIERARCHY Paul Roth*
233 THE PLACE OF THE EMPLOYMENT COURT IN THE NEW ZEALAND JUDICIAL HIERARCHY Paul Roth* This article considers the status of the Employment Court and its position in the overall court structure in New Zealand. It examines the issue from both an historical and comparative New Zealand legal perspective. Professor Gordon Anderson has written much on the Employment Court and its predecessors. He championed its independent existence as a specialist court1 when it was under sustained attack in the 1990s by the Business Roundtable and New Zealand Employers' Federation (both now absorbed by 2 3 or transformed into different organisations), and by some in the then National government. The * Professor, Faculty of Law, University of Otago. 1 See Gordon Anderson A Specialist Labour Law Jurisdiction? An Assessment of the Business Roundtable's Attack on the Employment Court (Gamma Occasional Paper 5, 1993); Gordon Anderson "Specialist Employment Law and Specialist Institutions" (paper presented to the New Zealand Institute of Industrial Relations Research Seminar on the Future of the Employment Court and the Employment Tribunal, 23 April 1993); Gordon Anderson "The Judiciary, the Court and Appeals" [1993] ELB 90; and Gordon Anderson "Politics, the Judiciary and the Court – Again" [1995] ELB 2. 2 See New Zealand Business Roundtable and New Zealand Employers' Federation A Study of the Labour- Employment Court (December 1992); Colin Howard Interpretation of the Employment Contracts Act 1991 (New Zealand Business Roundtable and New Zealand Employers Federation, June 1996); Bernard Robertson The Status and Jurisdiction of the New Zealand Employment Court (New Zealand Business Roundtable, August 1996); and Charles W Baird "The Employment Contracts Act and Unjustifiable Dismissal: The Economics of an Unjust Employment Tax" (New Zealand Business Roundtable and New Zealand Employers Federation, August 1996). -
US Bank Workers Report
Global Finance Workers Alliance UNI Finance Global Union, CWA & Committee for Better Banks Version: Final Date: 04.02.2014 US Bank Workers Report Better Banks for People People for Better Banks “Together we can create better banks for jobs, communities and societies” 1/11 Background information: The Committee for Better Banks (CBB), Communication Workers of America (CWA) and UNI Finance Global Union (UNI) have joined forces to campaign for better working conditions for finance workers in the United States and throughout the world. The delegation has organized a day of action in New York City February 18 th to highlight key inequalities and injustices faced by America’s finance workers, bringing together bank workers from across the world to march on Wall Street and show their solidarity for the cause of America’s downtrodden employees. According to a Committee for Better Banks report, there exists a tale of two banking industries. The outsized wealth and power of Wall Street is evidenced in salary raises of CEO’s like Jamie Dimon, who in 2013 received a 74% pay increase making his salary closer to $20 million, after being fined $20 billion dollars in regulatory and criminal charges. Meanwhile, average bank worker wages are so low that almost one third of bank tellers in America receive some sort of public assistance. Over a third of tellers are living at or below poverty level in contrast to the executives of Wall Street. While average wages have steadily declined on Wall Street since the financial crisis of 2008, the top fifty financial CEOs’ compensation collectively rose by 26% in 2010 and by 20.4% in 2011. -
REPORT on MEASURES to COMBAT DISCRIMINATION Directives 2000/43/EC and 2000/78/EC
European network of legal experts in the non-discrimination field REPORT ON MEASURES TO COMBAT DISCRIMINATION Directives 2000/43/EC and 2000/78/EC COUNTRY REPORT 2013 ICELAND Guðrún D. Guðmundsdóttir State of affairs up to 1st January 2014 This report has been drafted for the European Network of Legal Experts in the Non-discrimination Field (on the grounds of Race or Ethnic Origin, Age, Disability, Religion or Belief and Sexual Orientation), established and managed by: Human European Consultancy Migration Policy Group Maliestraat 7 Rue Belliard 205, Box 1 3581 SH Utrecht 1040 Brussels Netherlands Belgium Tel +31 30 634 14 22 Tel +32 2 230 5930 Fax +31 30 635 21 39 Fax +32 2 280 0925 [email protected] [email protected] www.humanconsultancy.com www.migpolgroup.com All reports are available on the website of the European network of legal experts in the non-discrimination field: http://www.non-discrimination.net/law/national-legislation/country-reports-measures- combat-discrimination This report has been drafted as part of a study into measures to combat discrimination in the EU Member States, funded by the European Community Programme for Employment and Social Solidarity – PROGRESS (2007-2013). The views expressed in this report do not necessarily reflect the views or the official position of the European Commission. European network of legal experts in the non-discrimination field TABLE OF CONTENTS INTRODUCTION ......................................................................................................... 3 0.1 The national legal system ........................................................................... 3 0.2 Overview/State of implementation .............................................................. 4 0.3 Case-law ..................................................................................................... 5 1 GENERAL LEGAL FRAMEWORK .................................................................... 9 2 THE DEFINITION OF DISCRIMINATION ........................................................ -
Independence of the Justice System
Factsheet – Independence of the justice system July 2021 This Factsheet does not bind the Court and is not exhaustive Independence of the justice system Article 6 § 1 (right to a fair trial – independent tribunal) of the European Convention on Human Rights (“the Convention”): “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. (...)”. Independence and right to a fair trial Remli v. France 23 April 1996 This case concerned an Assize Court’s refusal of an application by a French defendant of Algerian origin to have formal note taken of a racist remark allegedly made by one of the jurors outside the courtroom and which had been recorded in a written witness statement. The applicant complained in particular that he had not had a hearing by an impartial tribunal. The Court held that there had been a violation of Article 6 § 1 of the Convention. It noted in particular that Article 6 § 1 imposed an obligation on every national court to check whether, as constituted, it was “an impartial tribunal” where, as in the applicant’s case, this was disputed on a ground that did not immediately appear to be manifestly devoid of merit. In the instant case, however, the Assize Court had not made any such check, thereby depriving the applicant of the possibility of remedying, if it proved necessary, a situation contrary to the requirements of the Convention. This finding, regard being had to the confidence which the courts must inspire in those subject to their jurisdiction, sufficed for the Court to hold that there has been a breach of Article 6 § 1. -
A Release from Justice Without Borders
JUSTICE WITHOUT BORDERS Because the right to just compensation shouldn’t end Even when a victim returns home FOR IMMEDIATE RELEASE Hong Kong’s Labour Tribunal Hands Landmark Victory to Migrant Workers: Workers Can Now Apply to Testify from their Home Countries Via Video Conferencing 19 February, 2019 Hong Kong -- A groundbreaking decision represented a victory for all of Hong Kong’s migrant workers today, bridging an enormous gap in their access to the city’s justice system. The Labour Tribunal allowed a former domestic worker, Ms. Joenalyn Mallorca, to testify from the Philippines via video conferencing facilities, enabling her to pursue her claim from abroad. This is the first time the Labour Tribunal has allowed a claimant to give testimony via video conferencing. Before today, workers had to physically visit the Labour Tribunal in order to pursue their cases. Ms. Mallorca can now seek redress for wrongful dismissal without having to travel to Hong Kong. The small salary she earns combined with the possibility that she will lose her current job if she misses work means that such travel is impossible. Her case is not unique. In fact, many workers must decide whether to stay months or even years in Hong Kong to pursue their cases, or give up their claims and go home. Coordinating this landmark test litigation is Justice Without Borders (JWB), a regional charity providing access to justice for migrant workers who have returned home, through cross-border civil action. “Until now, migrant workers who have been victimised by bad employers have had to remain in Hong Kong, living in shelters and staying unemployed while pursuing their cases. -
The 2008 Icelandic Bank Collapse: Foreign Factors
The 2008 Icelandic Bank Collapse: Foreign Factors A Report for the Ministry of Finance and Economic Affairs Centre for Political and Economic Research at the Social Science Research Institute University of Iceland Reykjavik 19 September 2018 1 Summary 1. An international financial crisis started in August 2007, greatly intensifying in 2008. 2. In early 2008, European central banks apparently reached a quiet consensus that the Icelandic banking sector was too big, that it threatened financial stability with its aggressive deposit collection and that it should not be rescued. An additional reason the Bank of England rejected a currency swap deal with the CBI was that it did not want a financial centre in Iceland. 3. While the US had protected and assisted Iceland in the Cold War, now she was no longer considered strategically important. In September, the US Fed refused a dollar swap deal to the CBI similar to what it had made with the three Scandinavian central banks. 4. Despite repeated warnings from the CBI, little was done to prepare for the possible failure of the banks, both because many hoped for the best and because public opinion in Iceland was strongly in favour of the banks and of businessmen controlling them. 5. Hedge funds were active in betting against the krona and the banks and probably also in spreading rumours about Iceland’s vulnerability. In late September 2008, when Glitnir Bank was in trouble, the government decided to inject capital into it. But Glitnir’s major shareholder, a media magnate, started a campaign against this trust-building measure, and a bank run started. -
Legal Recognition.Indb
EFL 32 - Legal Recognitio [vol] 19-03-2012 10:18 Pagina 1 Angelika Fuchs (eds) Katharina and Boele-Woelki A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). In the last twenty years the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalisation of Same-Sex Relationships in Europe Legal Recognition of 32 Legal Recognition of same-sex relationships; most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This book provides the reader with an updated overview of registration Same-Sex Relationships schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children, including in Europe surrogate motherhood, in different European jurisdictions and addresses cross-border and European issues. NATIONAL, CROSS-BORDER AND EUROPEAN PERSPECTIVES Katharina Boele-Woelki and Angelika Fuchs (eds) 32 Fully revised 2nd edition EFL 32 - Legal Recognitio [vol] 19-03-2012 10:18 Pagina 1 Angelika Fuchs (eds) Katharina and Boele-Woelki A book series dedicated to the harmonisation and unification of family and succession law in Europe.