Law Firm

Workplace Bullying vs Reasonable Management Action: Firmness does not mean Harshness

[An] instruction is not the same thing as a disciplinary measure, and firmness does not equate to harshness.

Deputy President Alan Colman

Trainor v Council for Christian Education in Schools and others [2023] FWC 1272 (30 May 2023)

People managers are constantly dealing with ever evolving deadlines, targets and expectations. An area of ​​constant concern is people and especially when it comes to courageous or difficult conversations. If an employee is performing poorly, engaging with misconduct or just doing inappropriate behavior, the line between what is reasonable management action versus workplace bullying can seem to be blurred. A recent case of Trainor v Council for Christian Education in Schools and others [2023] FWC 1272 (30 May 2023) seems to demystify this further for those in human resources, people and culture and people management positions.

Workplace bullying

Workplace bullying is a serious issue that can have detrimental effects on an employee’s

The Drafting Puzzles of NEPA 2.0

The Drafting Puzzles of NEPA 2.0

In an effort to streamline NEPA, Congress may only have made parts of it incomprehensible.

Shortly after Biden signed the new NEPA rewrite as part of the debt ceiling law, I wrote a blog post about a major drafting glitch at the heart of the new provisions. Today, I’d like to follow up with more examples.

This poor drafting could really hobble the implementation of the new provisions. We live in the era of textualism, meaning that courts focus intensely on the details of statutory language, rather than trying to implement congressional intent. As a result, bad drafting is all the more problematic.

The Mystery of the Dual “Non-discretionary” Exceptions

Existing law makes it clear that if the government is performing some non-discretionary action like accepting a document for filing, it doesn’t need to worry about the environmental consequences. After all, the government doesn’t

Fox News says graphic calling Biden a ‘wannabe dictator’ has been ‘addressed’

Fox News drew scrutiny Tuesday night for an on-air graphic that appeared to call President Joe Biden a “wannabe dictator.”

In a statement Wednesday, a spokesperson for the network said: “The chyron was taken down immediately and was addressed.”

The spokesperson did not respond to an email that asked whether there would be any consequences for the staff members behind the text in the graphic, known as a chyron.

Hours after former President Donald Trump’s arrangement in Miami, the network aired a split screen of video from Biden’s remarks at a Juneteenth event at the White House and Trump’s speech in New Jersey. Trump addressed supporters at his golf club in Bedminster after he pleaded not guilty to federal charges of mishandling classified documents.

Around 9 pm ET, the all-caps text at the bottom of the screen on the network read: “Wannabe dictator speaks at the White House after having

Red Cross gets takedown powers over .org domains

The Public Interest Registry has inked a first-of-its kind domain takedown partnership with the American Red Cross.

The deal gives the Red Cross a “trusted notifier” status, meaning it will have a special channel to report fraudulent fundraising sites with domains, which PIR can then suspend at the registry level.

It’s designed mainly to quickly tackle fraud sites that spring up to exploit people’s good will in the aftermath of natural disasters to which the Red Cross would typically respond to.

It’s particularly relevant not only due to the size of PIR’s flagship .org, but also due to its recent takeovers of gTLDs including .charity and .giving.

PIR said the partnership was only for such cases, and would not permit the Red Cross to take down criticism or satire. It also said there’s an appeals process for registrants whose names are suspended.

Trusted notifier schemes are not uncommon among the

California must move more quickly to decarbonize existing residential buildings

California must move more quickly to decarbonize existing residential buildings

New Report recommends scaling California’s Go Green financing program faster, changing program design and implementation

California has set ambitious climate goals, which include reducing state greenhouse gas (GHG) emissions 40 percent by 2030 and reducing GHGs 85 percent (and achieving statewide carbon neutrality) by 2045. Amongst all the sectors state leaders seek to address, existing buildings (which are responsible for over 10 percent of state emissions), and especially existing residential structures, which are among the most difficult to decarbonize. Although households may end up paying less in energy costs in the long run, many measures to reduce emissions such as electric heat pumps and envelope upgrades can come with up front costs that run tens of thousands of dollars or more.

The state has established a range of different programs to address the problem, among them subsidy-based initiatives like the

This Week in the Supreme Court – w/c 12th June 2023 – UKSCBlog

Hearings in the Supreme Court are now shown live on the Court’s website.

On Wednesday 14th june the Court will hand-down judgment in JTI POLSKA Sp. Zoo and others v Jakubowski and others [2023] UKSC 19. The Court will determine whether the Supreme Court should depart from the judgment of the House of Lords in James Buchanan & Co. Ltd v Babco Forwarding & Shipping (UK) Ltd. [1978] AC 141 and hold that excise duty payable in respect of goods which are stolen in the course of international carriage by road cannot be claimed under article 23.44 of the Convention on the Contract for the International Carriage of Goods by Road 1956. The hand-down will take place at 9:45am in Courtroom 1.

From Wednesday 14th – Thursday 15thth june the Court will hear the case of Herculito Maritime Ltd and others v Gunvor International BV and others

Judge denies injunction against Beaufort parking garage, hotel

303 Associates is moving forward with plans for a new hotel and parking garage in Beaufort.

303 Associates is moving forward with plans for a new hotel and parking garage in Beaufort.

[email protected]

South Carolina Circuit Court Judge Scott Sprouse on Friday denied an injunction against a hotel and parking garage in downtown Beaufort, which opponents are trying to block.

[–

The ruling was a victory for 303 Associates, which is developing the projects, and the city, which approved them.

[–

Graham Trask, who brought the lawsuit, said the merits of the case still haven’t been decided. Sprouse’s ruling, he said, just “kicks the can down the road.” He plans to appeal.

[–

It was the second time in six months a judge has refused to overturn city of Beaufort approvals of the two projects, which are located within the Beaufort Historic District. The district was listed on the National Register of Historic Places in 1969.

[–

Sprouse’s ruling denying the declaratory judgment and

Death of a Party to a Contract – What to Do

A problem arises when a buyer or seller dies before the contract can be completed, as the deceased party can no longer perform their obligations under the contract. Does this mean that if a party dies or was dead before entering into the contract the contract will be automatically terminated? The other question it raises is whether it is possible to sell the property if the seller is dead? The short answer is the contract can still go ahead and here is why.

Terms of the contract

A standard Real Estate Institute of Queensland (REIQs) contract (the most commonly used contract template) defines a party to include the deceased party’s executors, administrators, successors or permitted assignors (that is whoever the seller has agreed to act on the deceased’s behalf for the contract). Theoretically, the death of a party does not immediately terminate the contract.

In practice, there can

Who Is At Fault in a T-Bone Car Accident?

A T-bone accident may also be called a side-impact collision. This happens when the front of a car or truck hits the side of another vehicle. This is the ultimate shape, hence the name.

T-bone accidents are most common at intersections. T-bone accidents are more common than other types of car accidents, such as rear-end collisions. This is because there is less protection for those involved. Many times, the wreckage from the accident can carry into oncoming traffic, causing additional collisions. A car can also strike a telephone pole or guardrail. These accidents should be taken seriously.

What Causes T-Bone Accidents?

A T-bone accident can occur for many reasons, just like other motor vehicle accidents. A T-bone accident is when a driver does not obey road rules. A vehicle might run a red light or stop sign, which can lead to a Tbone accident. The most common causes are:

  • A

Is My Car Accident Settlement Taxable?

After you’ve been seriously injured in a car accident in Pasadena, CA, negotiating a full and fair settlement with an insurance company is just the beginning. It’s also important to prepare yourself for the tax implications that may cut into your net payout.

Your personal injury lawyer should take your tax liability into consideration and guide you towards the best possible outcome in your case. That’s why car accident victims in Pasadena choose the Tenina Law – Personal Injury Attorney to represent them, especially when a lot is at stake.

Tenina Law has represented injured people in Pasadena and the surrounding communities for more than 20 years. If you’ve been hurt, let our proven car accident lawyer fight for maximum compensation for you.

Is a Car Accident Settlement Considered Taxable Income in California?

In most instances, personal injury settlements and cash awards are not taxed in California. In fact, California …