349 resultados para unfair dismissal


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Globally, the five countries who have the highest annual advertising expenditure have seen their expenditure almost double in the last 10 years even though some advertisements may be 'unacceptable' (that is, unfair, misleading, deceptive, offensive, false or socially irresponsible) to consumers. We investigated consumer complaint responses specifically within the area of advertising in Australia which has the second highest advertising expenditure as a percentage of GDP in the world. Our findings indicate that complainants can be classified into one of four typologies based on identified underlying factors: Advertising Aficionados; Consumer Activists; Advertising Moral Guardians; and, Advertising Seekers. Further, the predictive model presented is significantly related to enable the elements within the population who would be complainants to be identified.

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Advertising expenditure has risen globally and in Australia there has been a 2.7-fold rise in the last 10 years. It is suggested that some advertisements may be 'unacceptable', that is unfair, misleading, deceptive, offensive, false or socially irresponsible. Industry and regulatory responses to consumer complaints about these problems must be addressed. This research is concerned with consumer behaviour and consumer complaint behaviour specifically in the area of advertising in Australia. The general findings from the reviewed literature indicated that complainants tend to be older, have attained higher levels of educational qualifications, earn a higher gross weekly income, possess greater degrees of wealth, have higher participant levels of local community involvement and, in general terms, have more resources to avail themselves of in order to allow them to take action when dissatisfied. The results from this research engender a better understanding of the complaining public. Empirical analyses were used for determining the characteristics of people who complain to the Advertising Standards Board and inferred that their opinions regarding advertising differ from members of the general population in four key areas. This research will afford regulatory bodies a better understanding of the complaining public as well as educating marketing communications strategists in effectively reaching their target markets.

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Advertising expenditure has risen globally and in Australia there has been a 2.7-fold increase in the last ten years. It is suggested that some advertisements may be “unacceptable”, that is, unfair, misleading, deceptive, offensive, false or socially irresponsible. This research is concerned with consumer behaviour and consumer complaint behaviour specifically in the area of advertising in Australia. The findings indicate that complainants are significantly different from the population at large. This research will afford the regulatory bodies a better understanding of the complaining public as well as educating marketing communications strategists in effectively reaching their target markets.

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In Australasia (Australia and New Zealand) the use of health impact assessment (HIA) as a tool for improved policy development is comparatively new. The public health workforce do not routinely assess the potential health and equity impacts of proposed policies or programs. The Australasian Collaboration for Health Equity Impact Assessment was funded to develop a strategic framework for equity-focused HIA (EFHIA) with the intent of strengthening the ways in which equity is addressed in each step of HIA. The collaboration developed a draft framework for EFHIA that mirrored, but modified the commonly accepted steps of HIA; tested the draft framework in six different health service delivery settings; analysed the feedback about application of the draft EFHIA framework and modified it accordingly. The strategic framework shows promise in providing a systematic process for identifying potential differential health impacts and assessing the extent to which these are avoidable and unfair. This paper presents the EFHIA framework and discusses some of the issues that arose in the case study sites undertaking equity-focused HIA.

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The problem of semantics is inherent in any discussion of ethics. The general term "ethics" is itself commonly confused. In addition, systems of ethics must be built upon assumptions, and assumptions are necessarily subject to lengthy debate. These two problems are encountered in my investigation of the ethical practices of the modern business community and to remedy the situation I have taken two steps: the first being an attempt to clarify the meaning of terms used therein;-and the second being a clear description of the assumptions utilized to further my analysis. To satisfy those who would disagree with these assumptions, I have attempted to outline the consequences of differing premises. The first assumption in my discussion is that the capitalistic economy is powered by the motivation supplied by man's self-interest. We are conditioned to basing our courses of action upon an orientation toward gratifying this self-interest. Careers are chosen by blending aptitude, interest, and remuneration. of course, some people are less materially inclined than others, but the average member of our capitalistic society is concerned with the physical rewards derived from his employment. Status and happiness are all-important considerations in pursuing a chosen course of action, yet all too often they are measured in physical terms. The normal self-interest natural to mankind is heightened in capitalism, due to the emphasis placed upon material compensation. Our thinking becomes mechanistic as life devolves into a complex game played by the rules. We are accustomed to performing meaningless or unpleasant duties to fulfill our gratifications. Thought, consequently, interferes with the completion of our everyday routines. We learn quickly not to be outspoken, as the outspoken one threatens the security of his fellow man. The majority of the people are quite willing to accept others views on morality, and indeed this is the sensible thing to do as one does not risk his own neck. The unfortunate consequence of this situation has been the substitution of the legal and jural for the moral and ethical. Our actions are guided by legal considerations and nowhere has this been more evident than in the business community. The large legal departments of modern corporations devote full time to inspecting the legality of corporate actions. The business community has become preoccupied with the law, yet this is necessarily so. Complex, modern, capitalistic society demands an elaborate framework of rules and regulations. Without this framework it would be impossible to have an orderly economy, to say nothing of protecting the best interests of the people. However, the inherent complexities, contradictions, and sometimes unfair aspects of our legal system can tempt men to take things into their own hands. From time to time cases arise where men have broken laws while acting in good faith, and other cases where men have been extremely unethical without being illegal. Examples such as these foster the growth of cynicism, and generally create an antagonistic attitude toward the law on the part of business. My second assumption is that the public, on the whole, has adopted an apathetic attitude toward business morality. when faced with an ethical problem, far too many people choose to cynically assume that, if I don't do it someone else will. "The danger of such an assumption lies in that it eliminates many of the inhibitions that normally would preclude unethical action. The preventative factor in contemplating an unethical act not only lies in it going against the "right course of action", but also in that it would display the actor as one of the few, immoral practitioners. However, if the contemplator feels that many other people follow the same course of action, he would not feel himself to be so conspicuous. These two assumptions underly my entire discussion of modern business ethics., and in my judgment are the two most important causal factors in unethical acts perpetrated by the business community. The future elimination of these factors seems improbable, if not futile, yet there is no reason to consider things worse than they ever have been before. The heightened public interest in business morality undoubtedly lies in part in the fact that examples of corporate malpractice are of such magnitude in scope, and hence more newsworthy.

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This book evaluates Australian competition law including the economics and politics that lay at its heart. This fully revised second edition draws together a comprehensive collection of material providing an excellent and up-to-date guide to Australian competition law.

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Based on the analysis of the basic principal of land reservation system of small and medium-sized cities, this paper gives detailed discuss on many problems which exist during the process of land reservation system, such as unclear function position of land reservation organization, single capital resource, unfair land compensation standard and incomplete urban design. It also submits the proposal—choosing one scientific model, establishing suitable organization, opening more channels for raising funds, and setting up reasonable land compensation standard to unify the land reservation in small and medium-sized cities, improve the efficacy of reserve departments, adjust and standardize the land market in order to promote the healthy development of small and medium-sized cities in the long term.

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The decision involved an application for the review and setting aside of a refusal to grant a prospecting right in terms of section 17 of the Mineral and Petroleum Resources Development Act 28 of 2002 (the "MPRD Act")(par 1). The decision also dealt with the right (and duty) of an applicant to an internal appeal in terms of section 96 of the MPRD Act (par 5) as well as the procedural fairness of the decision (par18). The decision by the state to refuse the application for a prospecting right was reviewed and set aside by the court, without requiring such internal appeal, (par 20) as the decision was regarded as manifestly unfair (par 18). The court referred the matter back to the Minister for reconsideration (par 18).

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Throughout the 1990s, tens of thousands of Australian taxpayers invested in mass-marketed tax effective schemes. They enjoyed generous tax breaks until the Australian Taxation Office (ATO) told them in 1998 that they abused the system. This study examines the circumstances surrounding taxpayers' decision to invest in scheme arrangements. It also explores investors' perceptions of the way the ATO handled the schemes issue and, perhaps more importantly, why such a large number of investors defied the ATO's demands that they pay back taxes. Data were taken from in-depth interviews conducted with 29 scheme investors. Consistent with the procedural justice literature, the findings revealed that many of the scheme investors interviewed defied the ATO's demands because the procedures the ATO used to handle the situation were perceived to be unfair. Given these findings, it will be argued that to effectively shape desired behaviour, regulators will need to move beyond enforcement strategies linked purely to deterrence. A strategy that aims to emphasise the procedural justice aspects of a regulatory encounter will be discussed.

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The central argument of the thesis is that the dominant modes of the supervision of teaching are in need of critique and reconstruction. From a critical perspective, supervision is viewed as a political and ideological process enacted through asymmetrical relations and structures of communication. It is underpinned by a discourse of technocratic rationality and control Clinical supervision, a currently popular model of teacher supervision, has (despite its emancipatory origins) been accommodated by the dominant ideology and is employed as a hegemonic mechanism of evaluation, control and even dismissal of teachers. However, historical analysis reveals that teachers have contested and resisted authoritarianism and centralized control in favour of developing more democratic and participatory forms of professional development. In these moves can be found a rationale for a reconstruction of the theory and practice of clinical supervision around the concepts of symmetrical communication and critical pedagogy. The researcher engaged in a self-reflective study with a group of supervisors and teachers in N.S.W. schools to explore the possibilities and limitations of a critical and counter-hegemonic practice of supervision. The outcomes, in the form of three case studies, are analysed in terms of a dialectic of reconstruction and maintenance of the status quo. The evidence reveals that some of the research participants sought to reconstruct their supervisory relationships in ways which challenged the bureaucratic structures of their workplace. Others, however, rejected the emancipatory possibilities and resolved to maintain their traditional hierarchical relationship.

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Drier conditions in Australia have compelled governments to implement various projects to address current or impending water shortages. Such projects have not always been popular with the local community who are directly affected by this infrastructure, with 'procedural justice' emerging as a critical issue. This paper analyses issues of public perceptions of 'procedural justice' in implementing environmental projects in regional areas, in the context of the recently approved desalination plant in the regional Victorian town of Wonthaggi. Drawing on both qualitative and quantitative data from a survey of 316 Wonthaggi residents, we show that one of the major predictors of residents' resistance toward accepting the building of the desalination plant was explained by perceptions of procedural injustice. We further argue that inadequate attention to the particular political history of the region has compounded the sense that the plant implementation has been unfair. Attention to such political histories is vital to avoiding conflict with local stakeholders and to the successful and ethical implementation of development projects in regional areas.

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International survey data and case studies explore how individuals come to regard some ways of deciding pay as fair and others as unfair. Individuals, motivated by material and psychological self interest, but limited by social reality, interpret pay to maximise perceptions of entitlement while maintaining a positive and coherent self concept.

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The sustainability of a taxation system relies in part in reducing effective tax avoidance as far as is possible. Tax avoidance impacts on the economy both because it results in revenue loss and because it diverts people into devising, marketing and implementing avoidance arrangements, rather than engaging in economically productive activities. Revenue losses in turn weaken the government's ability to formulate and implement fiscal policies. Moreover, the very integrity of a tax system, necessary for its long-term sustainability, is attacked by tax avoidance. The goal of equity is undermined by tax avoidance as typically these schemes are accessed by the wealthy. Thus, tax avoidance results in an unfair shift in the tax burden to the less wealthy in society. As one commentator recently noted, combating 'tax avoidance ... will serve to lessen the overall burden on all taxpayers'. Further, legislative responses to tax avoidance increase the complexity of a taxation scheme. Tax avoidance schemes also undermine the neutrality of a taxation system by distorting trade and investment decisions. Thus, tax avoidance attacks every aspect of a fair, and hence, sustainable, taxation system.

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When effective group management processes are employed, clear assessment guidelines developed and communicated and valid and fair grading processes employed, the likelihood of positive learning outcomes and student satisfaction with group activities is significantly increased. Alternatively, if students cannot see the objective of group work, are unsure of what is expected of them, or believe the assessment methods are invalid or simply unfair, the educational benefits are reduced and tensions can emerge. The conditions under which group work is conducted are crucial to its success:

Group work, under proper conditions, encourages peer learning and peer support and many studies validate the efficacy of peer learning. Under less than ideal conditions, group work can become the vehicle for acrimony, conflict and freeloading. It may also impose a host of unexpected stresses on, for example, students with overcrowded schedules living long distances from the University.
(University of Wollongong assessment policy, 2002).

The educational benefits of students working cooperatively in groups are well recognised. Among other things,
• studying collaboratively has been shown to directly enhance learning;
• employers value the teamwork and other generic skills that group work may help develop; and
• group activities may help academic staff to effectively utilise their own time.

The design of assessment is central to capturing the benefits of group work and avoiding its pitfalls. Assessment defines the character and quality of group work. In fact, the way in which students approach group work is largely determined by the way in which they are to be assessed.

To maximise student learning in group activities, this section offers advice on how academic staff can:
• establish explicit guidelines for group work to ensure that learning objectives are met and to ensure that they are transparent and equitable; and
• manage the planning, development and implementation of processes and procedures for learning through group work and group assessment.

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In advanced capitalist societies, intellectual property laws protecting such subject matter as copyright and patents are justified by a combination of theories, which include the provision of economic incentives to foster creativity and innovation and the prevention of unfair competition. IP academics and policy makers have differing views about the appropriate balance between these objectives and public interest considerations such as health, education and the protection of the environment. These different views entered the policy debate in Asian developing countries in connection with an unprecedented introduction and expansion of IP laws over the last 25 years. This paper will use case studies of law reform from Asia, in particular Southeast Asia, to show that the policy considerations of governments in reforming their laws were often quite different from the standard rationale mentioned above. As much of the IP was, at least initially, held by foreigners and introduced to attract foreign investment, national development considerations were joined with the more commonly quoted objectives to promote the rights, creativity and innovation of individuals. Such national development objectives at times coincided and at other times collided with official explanations and received wisdom about the effects of stronger IP rights.

Especially in the early postcolonial period, copyright laws and other IP laws were frequently restricted or simply not implemented, if they conflicted with development policies in areas such as education or public health. Such policies were slowly changing in the wake of WTO-TRIPS and other international agreements. Nevertheless, the implementation and enforcement of the IP laws has been uneven. Specialised institutions such as courts and IP administering agencies compete with other branches of government and administration for limited funding and a rich repertoire of informal dispute settlement procedures has kept the number of court cases relatively low. In some countries, censorship laws have influenced freedom of expression and led to quite idiosyncratic interpretations of intellectual property laws. Governments often also retain a role in the assessment of licensing and technology transfer contracts. And while there are many programs to foster individual creativity, in most cases R & D activities are still largely taking place in government institutions and this has influenced the thinking about intellectual property rights and creativity in the context of employment.

The paper uses a few case studies to examine the implementation of IP laws in selected Asian developing countries to point to the quite different institutional setting for IP law reform in comparison to European or American models. It reaches some tentative conclusions as to the likely effects on creativity and innovation under these different circumstances.