Fundamental Rights of workers in the Digital Age: A methodological approach from a case study. WP C.S.D.L.E. "Massimo D'Antona" .INT - 89/2011

The relationship between employer and worker is not only obligatory but above all, as Sinzheimer said, a ‘relationship of power’. In the Digital Age this statement is confirmed by the massive introduction of ICT in most of the companies that increase, in practice, employer’s supervisory powers. This is a worrying issue for two reasons: on one hand, ICT emerge as a new way to weaken the effectiveness of fundamental rights and the right to dignity of workers; and, on the other hand, Spanish legal system does not offer appropriate solutions to ensure that efficacy. Moreover, in a scenario characterized by a hybridization of legal systems models –in which traditional hard law methods are combined with soft law and self regulation instruments–, the role of our case law has become very important in this issue. Nevertheless, despite the increase of judicialization undergone, solutions offered by Courts are so different that do not give enough legal certainty. Facing this situation, I suggest a methodological approach –using Alchourron and Bulygin’s normative systems theory and Alexy’s fundamental rights theory– which can open new spaces of decision to legal operators in order to solve properly these problems. This proposal can allow setting a policy that guarantees fundamental rights of workers, deepening their human freedom in companies from the Esping-Andersen’s de-commodification perspective. With this purpose, I examine electronic communications in the company as a case study.

Cadence, war and security

An increased incidence of attack has been identified as a major characteristic of the new threat posed by terrorist groups such as al Qaeda. This article considers what such a change means for Western national security systems by examining bow different parts of the system change over time. It becomes evident that Western national security systems are structured on an assumption of comparatively slow state-based threats. In contrast, terrorist franchises operate at a faster pace, are more 'lightweight' and can adapt within the operational and capability cycles of Western governments. Neither network-centric warfare nor an improved assessment of the threat, called for by some, offers a panacea in this regard. Rather, it is clear that not only do Western governments need to adjust their operational and capability cycles, but that they also need a greater diversity of responses to increase overall national security resilience and offer more tools for policy-makers.

On the chaotic instability of a nonsliding liquid-filled top with a small spheroidal base via Melnikov-Holmes-Marsden integrals

Chaotic orientations of a top containing a fluid filled cavity are investigated analytically and numerically under small perturbations. The top spins and rolls in nonsliding contact with a rough horizontal plane and the fluid in the ellipsoidal shaped cavity is considered to be ideal and describable by finite degrees of freedom. A Hamiltonian structure is established to facilitate the application of Melnikov-Holmes-Marsden (MHM) integrals. In particular, chaotic motion of the liquid-filled top is identified to be arisen from the transversal intersections between the stable and unstable manifolds of an approximated, disturbed flow of the liquid-filled top via the MHM integrals. The developed analytical criteria are crosschecked with numerical simulations via the 4th Runge-Kutta algorithms with adaptive time steps.

My system of career influences: Responding to challenges facing career education

The present article explores major challenges facing career psychology, specifically within the field of career education. Several issues are identified including the need for more effective links between theory and practice, the movement towards constructivist theories and the related challenges of applying such theories. These issues are explored within the context of the reformulation of career education and through the lens of the constructivist Systems Theory Framework of career development and its applied activity, the My Systems of Career Influences.

Career research in a post-modern era

In recent years, career theory and practice has been challenged to revise and reinvigorate itself in order to remain relevant in the post- modern world. The most fundamental challenge is to produce an identity for career practice that is congruent with the post-modern world. Career research is facing a similar challenge as it has been dominated by methodologies that emanate out of the positivist worldview of the modern era and has been mainly quantitative in nature. In their recent research, the authors have been examining methodologies that accommodate the tenets of the post-modern world – post-modernism, constructivism and career psychology. This article overviews post- modern considerations by exploring the possibilities offered by the Systems Theory Framework of career development and the 'My System of Career Influence' reflection activity as research tools. Examples of recent research are briefly described.

Interference between propagating changes and its effect on system failure

Computer-based, socio-technical systems projects are frequently failures. In particular, computer-based information systems often fail to live up to their promise. Part of the problem lies in the uncertainty of the effect of combining the subsystems that comprise the complete system; i.e. the system's emergent behaviour cannot be predicted from a knowledge of the subsystems. This paper suggests uncertainty management is a fundamental unifying concept in analysis and design of complex systems and goes on to indicate that this is due to the co-evolutionary nature of the requirements and implementation of socio-technical systems. The paper shows a model of the propagation of a system change that indicates that the introduction of two or more changes over time can cause chaotic emergent behaviour.

Emergent temporal behaviour and collaborative work

Although collaboration manifestly takes place in time, the role of time in shaping the behaviour of collaborations, and collaborative systems, is not well understood. Time is more than clock-time or the subjective experience of time; its effects on systems include differential rates of change of system elements, temporally non-linear behaviour and phenomena such as entrainment and synchronization. As a system driver, it generates emergent effects shaping systems and their behaviour. In the paper we present a systems view of time, and consider the implications of such a view through the case of collaborative development of a new university timetabling system. Teasing out the key temporal phenomena using the notion of temporal trajectories helps us understand the emergent temporal behaviour and suggests a means for improving outcomes.

The co-evolutionary dynamics of IS engagement

In this paper we consider the co-evolutionary dynamics of IS engagement where episodic change of implementation increasingly occurs within the context of linkages and interdependencies between systems and processes within and across organisations. Although there are many theories that interpret the various motors of change be it lifecycle, teleological, dialectic or evolutionary, our paper attempts to move towards a unifying view of change by studying co-evolutionary dynamics from a complex systems perspective. To understand how systems and organisations co-evolve in practice and how order emerges, or fails to emerge, we adopt complex adaptive systems theory to incorporate evolutionary and teleological motors, and actor-network theory to incorporate dialectic motors. We illustrate this through the analysis of the implementation of a novel academic scheduling system at a large research-intensive Australian university.

Wear-type rail corrugation prediction: Field study

Rail corrugation consists of undesirable periodic fluctuations in wear on railway track and costs the railway industry substantially for it's removal by regrinding. Much research has been performed on this problem, particularly over the past two decades, however, a reliable cure remains elusive for wear-type corrugations. Recently the growth behaviour of wear-type rail corrugation-has been investigated using theoretical and experimental models as part of the RailCRC Project (#18). A critical part of this work is the tuning and validation of these models via an extensive field testing program. Rail corrugations have been monitored for 2 years on sites throughout Australia. Measured rail surface profiles are used to determine corrugation growth rates on each site. Growth rates and other characteristics are compared with theoretical predictions from a computer model for validation. The results from several pertinent sites are presented and discussed.