“You must not use a steam hammer to crack a nut if a nut cracker would do.” -Lord Diplock The Doctrine of Proportionality is a general concept in law which is used to ensure the presence of fairness and justice in statutory interpretation processes. First enunciated in the High State Administrative Courts in Germany in the late 19th century to review the actions of the police, this doctrine has its application in several branches of law. For instance, in Constitutional law, it keeps a balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. Within Criminal Law, …show more content…
Whenever a restriction is imposed on the Fundamental Rights of a person, it has to go through the test of reasonability. For this purpose, the Indian Courts have always used the Doctrine of Proportionality. However, whether the Doctrine of Proportionality can be applied where Fundamental Rights are not involved is still not certain. In the case Union of India v. G. Ganayutham , the Court left this question open. Union of India v. G. Ganayutham In this case, the Respondent was working as the Superintendent of Central Excise. He was subjected to a punishment of withholding 50% of the pension and 50% of his gratuity. A writ petition was filed in the High Court which was later moved to the Administrative Tribunal. The Tribunal held the punishment to be too severe. Again an appeal was made to the Supreme Court. The Court set aside the order of the Tribunal saying that the original punishment was not found to be too severe when the Wednesbury Test was applied to it and hence, it was rational and reasonable. This Court observed that: "The applicability of doctrine of proportionality even in administrative law sphere is yet a debatable issue." APPLICATION OF …show more content…
v. Workmen In this case, some workers had remained absent treating a particular day as holiday. On ground of misconduct, these workers were dismissed from service. The Supreme Court observed that the absence could have been treated as leave without pay. The workman might have been warned and fined. Court further said, “it is impossible to think that any reasonable employer would have imposed the extreme punishment of dismissal on its entire permanent staff in this matter”. Ranjit Thakur v. Union of India & Ors. The appellant was a signal man in the Signal Regiment of the Armed Services. He was serving out a sentence of 28 days rigorous imprisonment imposed on him by the Commanding officer of the Regiment for violating norms for presenting representations to higher officers. He was alleged to have committed another offence by refusing to eat his food on March 29, 1985 when ordered to do so. He was charged under section 41(2) of the Army Act, 1950 for disobeying a lawful command given by his superior officer. A sentence of rigorous imprisonment for one year was imposed by a Summary Court Martial. He was removed to the civil prison and he served out the
Mason, The Hon Sir A, 1988, ‘The use and abuse of precedent’, Australian Bar Review, vol. 4, no.1, pp. 93.
The concept of proportionality of an intervention as stated by Walzer, must be balanced insofar as the intervention is as much like a nonintervention as possible and should be treated as a rescue of the affected persons. For example, treating a genocide with a genocide of the oppressors would defy the concept of proportionality. In once case the goal is balance, and in the other it is rescue. This therefore is stating that no political prerogatives should be taken on behalf of the intervening state as this suggests that ulterior motives were the goal from the
Schwartz, Bryan. "Proportional Representation for Canada." Manitoba Law Journal 28.2 (2001): 133. Web. 14 Mar. 2014.
Employees can be absent from work either due to Long-term sickness, short-term certified or uncertified sickness or unauthorised absence and lateness. Absenteeism will not include annual leave , maternity, compassionate or absence due to training or attending union meetings but where a worker fails to turn up at work as scheduled resulting in disruption of work schedule, added work load, increased payroll costs and poor quality service an d poor staff morale.
The Decisions of the House of Lords in the Case of R vs. Special Adjudicator
Payroll department had no way to deduct amount of time employees were late. Instead a letter of reprimand was placed in the employee’s personnel file.
In this report, the possible reasons for employee absenteeism being covered are that the workplace roster may not be flexible enough, the staff could possibly be not receiving a sufficient amount of vacation leave from the company, and also some staff may not be feeling mentally capable of attending work on certain days. These points will be supported in sources from peer-reviewed journal articles.
This case is an appeal against the decision of the High Court judge (“the Judge”) in Suit No 290 of 2011 (“Suit 290”) concerning an action in passing off ^([2]).
By analysing the fact of Drew Westfield’s dismissal, it could be ruled as unfair dismissal. But go back to the original recorded time, Drew Westfield’s field application at 7b July 2015, that means after the termination its almost 19 months passed, therefore well outside the 21 day time limit set by s.394(2)(a) of the Act, the applicant must made within 21 days after the dismissal took effect.
Bad math in court is something that happens over and over again and because of it, many innocent victims have been jailed and punished unjustly over the years. The problem is not some sort of miscalculation, but the refusal of the court to recalculate. More than often enough, the judge refuses to reexamine the collected DNA in an investigation case. What the people of the court fail to realize at times is that probability is not a one off thing, it is something that should be repeated at least more than once and can even be repeated over and over again. The flipping of a coin is frequently used to explain this logic and will be explained in following paragraphs. Sometimes statistician will state that there is only a one in a million chance (or some other ludicrously large number) that the defendant is innocent; but then they fail to examine: what is that 1, what are the chances that the accused that that one in a million? In this paper, I will be discussing the issue of ‘bad math in court,’ why it happens and how something as simple as probability can get innocent people out of jail.
Research has shown that between; 1/3 to 2/3 of all claims of illness, for lost work days are disingenuous. In addition, half of the days taken off are spent other matters other than illness. This matter translates to two out of every three employees. The resulting effect of absenteeism is companies losing money and the tightening of the loopholes employees use as excuses including genuine forgivable excuses.
1.The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is clear way of distinguishing the ratio of a case…
According to Rhodes and steers (1990), employee absenteeism is one of those stubborn problems for which there is no clear
Each of our employees plays an important role in getting the day 's work done. Therefore, each employee is expected to be at his/her workstation on time each day. Absenteeism or tardiness, even for good reasons, is disruptive of our operations and interferes with our ability to satisfy our customers’ needs. Therefore, any absenteeism or tardiness can result in discipline or immediate discharge.
It is generally accepted that a contract of employment is based on an agreement between two parties: an employer and an employee. The employee has an obligation to tender his/her services to the employer (Heads, 2005). If this is done, then the employer is contractually obliged to pay the employee for services rendered. When an employee is absent the employer would record this absence as absenteeism (Heads, 2005, Robins, 1996).