Mkombozi Commercial Bank Plc ( Q32020 Interim Report

first_imgMkombozi Commercial Bank Plc ( listed on the Dar es Salaam Stock Exchange under the Banking sector has released it’s 2020 interim results for the third quarter.For more information about Mkombozi Commercial Bank Plc ( reports, abridged reports, interim earnings results and earnings presentations, visit the Mkombozi Commercial Bank Plc ( company page on AfricanFinancials.Document: Mkombozi Commercial Bank Plc (  2020 interim results for the third quarter.Company ProfileMkombozi Commercial Bank Plc (MKCB) is a commercial bank serving and supporting emerging businesses in Tanzania. The financial institution targets small and medium-sized entrepreneurs, SACCOS and social enterprises such as schools, universities and public enterprises. MKCB started as an initiative of the Tanzania Episcopal Conference in 2009 to address the need to provide financial solutions to start-up businesses aswell as institutional investors and government entities. MKCB has 6 branches in the major towns and cities of Tanzania and plans to extend its footprint to increase accessibility and financial inclusion in areas which cannot be handled by mobile banking. Mkombozi Commercial Bank Plc is listed on the Dar es Salaam Stock Exchangelast_img read more

RBS 6 Nations: Ireland analysis

first_img Man on the run: Brian O’Driscoll was as influential as ever despite being stripped of the Ireland captaincyBy Claire GlancyBOD’S HANDS…  Zebo’s feet… First half demolition… Second half defensive scrambling…It’s hard to know where to start with the latest Celtic clash in Cardiff because, as the late Belfast comedian Frank Carson would have said, “It’s a cracker!”Zebo time: the Munster wing scorches to the try lineIt’s said every year: momentum is key. Get off to a good start and it sets the tone for your championship. Given recent performances by both nations no one really knew how this game would pan out. Did Ireland have momentum following their impressive victory over the Pumas or was that merely a fluke? As defending Champions would Wales relish the chance to start afresh and end their losing streak? Beware the wounded Dragon, especially in the RBS 6 Nations.From an Irish perspective most of the focus in the build-up was on the captaincy.  Why would Declan Kidney dare to take the reigns from Brian O’Driscoll, Ireland’s Grand Slam-winning skipper and arguably the greatest rugby player the country’s ever produced? It didn’t seem to make sense.But having watched Ireland spring into action at the Millennium Stadium maybe Kidney has got it right. Is this the dawning of a new era for Irish rugby?In the last few years Irish fans have looked on as Wales brought through exciting young players, not least Sam Warburton who became the youngest ever Rugby World Cup captain in 2011. Then it was England’s turn as Stuart Lancaster’s cull saw them bounce back from a disappointing World Cup to be runners-up in last year’s Six Nations.Kidney has been criticised for his conservative selections and unwavering loyalty to some of the old guard but when injuries forced his hand in the autumn, new faces appeared on the team sheet and with them came a new captain. NOT FOR FEATURED LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Jamie Heaslip’s appointment may not have been dealt with in the same diplomatic manner Keith Wood described his handover to O’Driscoll, but as Ireland prepare for life after BOD perhaps it gives other players the chance to come out from the shadow of the so-called ‘golden generation’.O’Driscoll proved on Saturday that he doesn’t need the captain’s armband to highlight his leadership. The man leads by example. He may have won the Man of the Match award, but what we’re starting to see in the Ireland team is a collection of leaders emerging.Hold up: Johnny Sexton stifles Toby FaletauAt Friday’s captain’s run it was Johnny Sexton rather than Heaslip who commanded the squad’s attention as they took a look around the stadium. And why shouldn’t he? It was in this very ground that his half-time team talk inspired Leinster to snatch the Heineken Cup right out of Northampton’s lap.On Saturday Chris Henry made his first Six Nations appearance after 50 minutes, but that didn’t stop him barking orders to the pack when the Welsh comeback was in full flow.This new-found confidence has brought energy to Ireland.  Yes, they let their lead slip in the second half but they’d forced Wales to change their game plan. For the first 45 minutes Ireland dominated almost every aspect of play. By winning the contact at the breakdown, dominating the set-piece, standing deeper and spreading the ball wider, they were able to get outside the Welsh blitz defence.An initial look at stats suggests there is no way Ireland should have won that game: 37% possession, 35% territory, 13 penalties conceded to Wales’ eight. But the big difference comes in defence. Ireland made 176 tackles to Wales 101. Sean O’Brien’s 23 tackles were more than Sam Warburton and Toby Falateu managed together. The fact that Ireland let Wales back into the game shows there is plenty to work on ahead of the England clash but what they proved on Saturday is that the performance against the Pumas wasn’t a one-off. Changes are afoot in Irish rugby in terms of captaincy, players and style – and with that hopefully results.  He who dares….Follow Claire Glancy on Twitter @claireglancylast_img read more

Anglican Consultative Council elects one of its new youth members…

first_img Rector/Priest in Charge (PT) Lisbon, ME Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Rector Shreveport, LA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Rector Martinsville, VA New Berrigan Book With Episcopal Roots Cascade Books Director of Music Morristown, NJ Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Press Release Service Rector and Chaplain Eugene, OR Assistant/Associate Rector Washington, DC In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Tampa, FL Rector Washington, DC Priest-in-Charge Lebanon, OH Tags Missioner for Disaster Resilience Sacramento, CA Canon for Family Ministry Jackson, MS Anglican Communion, Featured Events Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Family Ministry Coordinator Baton Rouge, LA Submit an Event Listing Priest Associate or Director of Adult Ministries Greenville, SC Cathedral Dean Boise, ID Featured Jobs & Calls Assistant/Associate Priest Scottsdale, AZ Curate (Associate & Priest-in-Charge) Traverse City, MI Submit a Job Listing Bishop Diocesan Springfield, IL Rector Knoxville, TN Anglican Consultative Council Director of Administration & Finance Atlanta, GA Youth Minister Lorton, VA Rector Smithfield, NC Posted May 6, 2019 Rector Hopkinsville, KY Curate Diocese of Nebraska Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Anglican Consultative Council elects one of its new youth members to the Standing Committee Rector Bath, NC Rector Pittsburgh, PA Rector Belleville, IL Associate Rector Columbus, GA The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Associate Priest for Pastoral Care New York, NY Rector Collierville, TN [Anglican Communion News Service] On the final morning  (May 4) of the formal meetings of the 17th meeting of the Anglican Consultative Council (ACC-17) in Hong Kong, three new members have been elected to the Standing Committee including, for the first time, a youth member. The three are, Basetsana Makena, Anglican Church of Southern Africa; Joyce Haji Liundi Anglican Church of Tanzania; and Hosam Elias Naoum, the Episcopal Church of Jerusalem and the Middle East. Makena was attending her first ACC meeting as one of the new regional Youth Members, representing the continent of Africa.Read the entire article here. The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Submit a Press Release Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Rector (FT or PT) Indian River, MI Associate Rector for Family Ministries Anchorage, AK ACC17, This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Assistant/Associate Rector Morristown, NJ Rector Albany, NY Course Director Jerusalem, Israel last_img read more

Five shortlisted adverts announced for International DRTV Award

first_img Tagged with: Awards Digital Individual giving AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of Researching massive growth in giving.  17 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 26 September 2007 | Newscenter_img The Resource Alliance has announced the five direct response TV (DRTV) adverts that have been shortlisted for the first international Gold Star Award for Excellence in Fundraising DRTV. Coming from four countries, the adverts will be voted on by delegates to the International Fundraising Congress (IFC) in Holland in October.The five shortlisted adverts are:* “In the Arms” for ASPCA by Eagle-com Inc (USA) Advertisement * “Just Children” for NSPCC by WWAV RAPP Collins (UK)* “Mouna” for SOS Kinderdorpen Nederland, created in-house (Netherlands)* “Pablo” for UNICEF by Arena Media Communications (Mexico)* “Eyes” for WSPA by THINK-DTV (UK)Alan Bird, events director of the Resource Alliance, which organises the IFC, and one of the judges, said: “We have chosen adverts that all worked well in their territories and did the basics right. This is after all a fundraising award so we looked first of all for clarity of message – why to give, how much to give and how to give it. Only then did we look at creativity.There were some adverts that were beautifully shot but just didn’t ask effectively. In fact, one didn’t even make an ask at all. We also went for ads that had a positive message. One ad that was submitted was unremittingly glum and that didn’t make it on to the shortlist.He added that the message from the award is that charities need to convey a positive message, ask in the right way, and be clear about how people can give.The adverts shortlisted for the Gold Star Award, sponsored by UK creative agency WWAV RAPP Collins, will be presented on a continuous showreel at the congress while storyboards from the ads will be placed around the congress venue. All delegates will be given a voting card which they will post in a ballot box next to the storyboard of the advert they think is the best. The storyboard that receives the most gold stars will be declared the first winner of the first Gold Star Award. The winner will receive the Gold Star Trophy and a free place at the 2008 congress. Five shortlisted adverts announced for International DRTV Awardlast_img read more

The109: Development plan revealed for Berry Street

first_imgLinkedin TCU students finish intramural season, enjoy indoor soccer Previous articleTexas human trafficking problem raises concernsNext articleIce Girls bring heat to club hockey matches Mitchell Stehly RELATED ARTICLESMORE FROM AUTHOR Mitchell Stehly Fort Worth’s first community fridge program helps serve vulnerable neighborhoods Linkedin Plans for the Berry/University area address the rapid growth of nearby TCU. Paschal catcher commits to TCU Mitchell Stehly Development plan revealed for Berry/University, some express opposition It’s “Next Man Up” For TCU Football ReddIt + posts center_img Twitter Facebook Twitter Facebook Mitchell Stehly TCU social work majors go into the field to help support Fort Worth’s homeless printThis story first appeared on the109, TCU student media’s news site covering the 76109 ZIP code. Bike lanes, sidewalk improvements, diverse housing options and a new storm water draining system are among the latest proposals to improve parts of Berry Street.The plan, which was presented Thursday evening at a meeting at University United Methodist Church, also calls for more work on University Drive south of Berry Street.Katy O’Meilia, a senior planner with the city, said the Berry Street development should help improve the area’s image.The city needs to overcome the “perception problem” of what has come to be known as “scary Berry,” she said.“You feel like you’re in a completely different part of the city,” O’Meilia said.Jennifer Frank, a Fort Worth resident who attended the meeting, was one of many who opposed the plan.Frank said she fears the area would end up like West Seventh Street, which boasts high-density buildings like those proposed for Berry Street and University Drive.“It’s an urban nightmare,” she said.In addition to the street improvements, O’Meilia talked about a proposed train station at the corner of Berry Street and Cleburne Road. The train station would be part of a 27-mile commuter rail system called Tex Rail that will stretch from downtown Fort Worth to the Dallas/Fort Worth International Airport.O’Meilia said the lack of landscaping – trees and greenery in the area – is “striking” when compared to the recent improvements made on Berry Street west of McCart Avenue.She also talked about renovations to South University Drive to the Bluebonnet Circle area. O’Meilia said the area needs “proper urban form.”The plan is still in its preliminary stages. ReddIt Mitchell Stehly ‘Liters for Life’ student campaign raises funds for global water crisis Mitchell Stehly read more

Los Angeles County Health Director: Good Chance New COVID Strain Is Already Here

first_img 19 recommended0 commentsShareShareTweetSharePin it Community News Photo courtesy Alliance CDCDespite Tuesday’s confirmation that a new and more contagious variant of COVID-19 has been detected in Colorado, the strain has not yet been found in the Southland, but Los Angeles County’s public health director said there’s a good chance it’s already here.Colorado’s confirmation of the new strain, which was first discovered in the United Kingdom, is the first detection of the variant in the United States. Colorado officials said the patient was a man in his 20s who had no recent history of traveling.The new strain, known as B.1.1.7, is not thought to cause more severe illness than the original virus, but it is believed to be dramatically more contagious — meaning it is far more easily transmitted from one person to the next.Los Angeles County Public Health Director Barbara Ferrer said Monday local health officials have tested a limited number of samples from COVID- positive patients, and “we have not found any evidence of the variant in that first group of tests that we ran.”“That doesn’t mean it’s not here,” Ferrer said. “It just means it didn’t show up in the first round of testing.“… For all of us in public health, because there is so much spread right now and so many people who are infected — and we’re not running all of the samples through this sort of gene sequencing — it would be impossible for us to say with all certainty that the variant isn’t here,” she said. “And almost all of us, I think, agree that there’s a high probability that the variant is here, although at this point it doesn’t appear to be dominant, because if it was you might see it initially in the samples that are being run.But Ferrer said even if the variant is in the county, it wouldn’t change the infection-control measures that are already in place.“I think whether the variant is here or it isn’t here, the steps we need to take are exactly the same,” she said. “Whether the variant is slightly more infectious than the virus as we’re experiencing it now in the predominant strain we’re seeing here in L.A. County, the steps to take are the same. And the urgency is the same.“There is a lot of community spread, and that makes it easier for this virus to keep spreading,” Ferrer said. “So we’re all going to have to do everything we know how to do to contain the virus.” Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Your email address will not be published. Required fields are marked * Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Top of the News More Cool Stuff Community Newscenter_img Name (required)  Mail (required) (not be published)  Website  Subscribe HerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeautyWant To Seriously Cut On Sugar? You Need To Know A Few TricksHerbeautyHerbeautyHerbeautyAmazing Sparks Of On-Screen Chemistry From The 90-sHerbeautyHerbeautyHerbeautyRemove Belly Fat Without Going Under The KnifeHerbeautyHerbeautyHerbeautyHere Are Indian Women’s Best Formulas For Eternal BeautyHerbeautyHerbeautyHerbeautyTiger Woods’ Ex Wife Found A New Love PartnerHerbeautyHerbeauty Business News Community News Los Angeles County Health Director: Good Chance New COVID Strain Is Already Here CITY NEWS SERVICE Published on Tuesday, December 29, 2020 | 9:52 pm CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday STAFF REPORT First Heatwave Expected Next Week Make a comment faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimeslast_img read more

Good bye to 2010

first_imgNewsLocal NewsGood bye to 2010By admin – December 26, 2010 562 THE vast majority of people in Ireland will not be sorry to see the back of 2010. Yes, it has been a difficult year right across the board.Many thought to have been in the super rich bracket lost their fortunes; local traders who had served the community for generations were forced to close their doors; thousands of jobs were surrendered across the Mid West and the average Joe Soap is just about hanging in there.Sign up for the weekly Limerick Post newsletter Sign Up Print Linkedin Twitter Advertisement WhatsApp Previous articleRubberbandits lose out to X-Factor winnerNext articleBroken mains cause water shortage admin Email Facebook Confidence was further eroded by the behaviour of a Government that lost the run of itself.But let’s not despair.We are about to enter a New Year and hopefully, the dawning of a new era.The Irish, we are constantly told, are a resilient people.Already, there are some encouraging signs on the local front.An air of buoyancy has returned to the city centre and shoppers will have noted the opening of several new outlets in recent weeks.There are also new arrivals at the Crescent SC.The IDA has new jobs coming our way.Aer Lingus has reopened the Shannon-Paris route and indicators are that Ryanair will increase the number of flights to holiday destinations from Shannon.Limerick City Manager Tom Mackey is determined to ensure that Limerick puts its best foot forward in 2011 and to build on the progress made this year.Concerns have been aired at City Hall about the negative portrayal of Limerick by certain sections of the media, but the Limerick Post, the only Limerick owned newspaper in the Mid West, vows to continue to inform its 200,000 readers of all that is good and positive about our great city.last_img read more

Goldman Sachs FHFA Settlement could reach $1.25 Billion

first_img Goldman Sachs FHFA Settlement could reach $1.25 Billion Derek Templeton is an attorney based in Dallas, Texas. He practices in the areas of real estate, financial services, and general corporate transactional law. His experience includes time as an Attorney Adviser for the U.S. Small Business Administration and as General Counsel for a nonprofit organization in Dallas. A self-avowed “policy junkie,” he has a keen interest in the effect that evolving federal policy has on the mortgage, default servicing, and greater housing industries. Subscribe Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago FHFA Goldman Sachs Settlement 2014-07-27 Derek Templeton Servicers Navigate the Post-Pandemic World 2 days ago Tagged with: FHFA Goldman Sachs Settlement Share Save The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, Government, Headlines, News Previous: DS News Webcast: Monday 7/28/2014 Next: Fannie Mae Forecasts Slowdown in Growth for Remainder of 2014center_img About Author: Derek Templeton Home / Daily Dose / Goldman Sachs FHFA Settlement could reach $1.25 Billion The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago  Print This Post Multiple reports surfaced over the weekend that Goldman Sachs may be nearing a deal with the federal government to settle claims that it sold faulty mortgage backed securities to Fannie Mae and Freddie Mac, according to people with familiar with the negotiations.  If a deal is reached it is expected to come in between $800 million and $1.25 billion. The talks were first reported by the Wall Street Journal.The Federal Housing Finance Agency (FHFA) filed 18 lawsuits in 2011 against Goldman and other banks regarding about $200 billion in mortgage backed securities that later went collapsed in the lead up to the financial crisis.Goldman is one of four banks that have yet to settle with FHFA. HSBC Holdings, Nomura Holdings, and Royal Bank of Scotland Group are the others. To date, FHFA has recovered 16.1 billion from the first 14 settlements.The settlement would be the firm’s largest legal penalty to date, easily eclipsing the $500 million it paid to the Securities and Exchange Commission over its handling of its marketing for mortgage linked product. That settlement required Goldman to admit that it had made a mistake with the marketing of the security, titled abacus. It remains Goldman’s largest penalty to date. It is unclear at this moment if this settlement will also require some admission of fault.Still, it looks like the decision to wait to settle with the government until the case was further along may turn out to have been the right move. The bank may end up paying far less than its counterparts.In the original suit brought by the government in the case at hand, FHFA says that Fannie Mae and Freddie Mac bought a total of $11.1 billion dollars worth of securities from Goldman Sachs. An $800 million dollar settlement would represent 7.2 percent of that total. Some banks that have settled earlier with the FHFA have ended up paying 12 to 20 percent of the total securities that they sold.The case is currently scheduled for a September 29, 2014 trial if negotiations fail. Related Articles Sign up for DS News Daily July 27, 2014 1,003 Views last_img read more

Oireachtas committee rejects ombudsman’s Lost at Sea report

first_imgNews Facebook Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey Calls for maternity restrictions to be lifted at LUH Oireachtas committee rejects ombudsman’s Lost at Sea report Guidelines for reopening of hospitality sector published Previous articleProgress on securing land to improve dangerous road in BuncranaNext articleHigh Court told man expressed suicidal thoughts before hospital discharge News Highland WhatsApp Almost 10,000 appointments cancelled in Saolta Hospital Group this week Facebook Pinterest Twittercenter_img WhatsApp Twitter RELATED ARTICLESMORE FROM AUTHOR Google+ Pinterest Google+ LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton By News Highland – October 15, 2010 The Oireachtas Committee on Agriculture has rejected the Ombudsman’s report on the Lost at Sea scheme, with Fine Gael accussing Fianna Fail of sacrificing the ombudsman in order to protect one of their own.Emily O’Reilly had concluded that the Byrne family in Donegal should be compensated because they were unfairly denied relief when they applied to be included in the scheme.Labour say the Fianna Fail rejection of the report is tantamount to an attack on the office of the Ombudsman and on its incumbent, and citizens can no longer be confident that of the independence of the office.Meanwhile, Donegal Labour Councillor says Donegal’s Fianna Fail TDs should immediately declare their support for the Byrne family, and demand they be paid the compensation the ombudsman recommended………..[podcast][/podcast] Need for issues with Mica redress scheme to be addressed raised in Seanad alsolast_img read more

Case round up

first_imgOur resident experts at Pinsent Curtis Biddle bring you a comprehensiveupdate on all the latest decisions that could affect your organisation, andadvice on what to do about them Flatley v The Society of MotorManufacturers and Traders, EAT An illustration of the very different tests for establishing unfair andwrongful dismissals * * * Flatley was summarily dismissed following the discovery ofdiscrepancies in his expense claims. The employer considered his conduct to beserious misconduct, rather than gross misconduct. However, the terms of theirdisciplinary procedure allowed for summary dismissal as a possible penalty forserious misconduct. The employment tribunal rejected Flatley’s claim of unfair dismissal. Theemployer had carried out a reasonable investigation and there was sufficientmaterial to enable the employer to properly conclude that Flatley was guilty ofa very irresponsible, negligent and unhelpful approach towards expenses andthat he had been unco-operative during the disciplinary investigation. Theyalso considered that dismissal was a reasonable sanction, given that Flatleywas responsible for large budgets and as a senior employee would have known thathe was behaving in an unacceptable way. The tribunal however concluded that the dismissal was wrongful. There was noevidence of deliberate deception or dishonesty, despite Flatley’s evasivenessand his unsatisfactory explanation. They considered that by dismissing himwithout notice, the employer was guilty of a breach of contract. This decisionwas upheld on appeal. Key pointsIt is important to remember that the tests for unfair dismissal and wrongfuldismissal are completely separate and, as this case shows, it is possible for afair dismissal to nevertheless be a wrongful dismissal. Misconduct dismissalswill be fair where the employer has carried out as full an investigation as isreasonable, conducts a proper disciplinary hearing and, on reasonable evidence,forms a genuinely held belief in the employee’s guilt. Dismissal must also bewithin the band of reasonable responses. For wrongful dismissal, it will have to be established on the balance ofprobabilities that the employer had committed a fundamental breach of contract.This case does not set out any specific point of principle, but the tribunalfelt that on these facts, there could be no gross misconduct unless there wassome element of dishonesty or deception. What you should do When dismissing for misconduct offences: – Ensure that the misconduct in question has been fully investigated. Don’tleave loose ends – Ensure there are reasonable grounds for concluding that the employee isguilty – Don’t automatically assume that dismissal is the appropriate sanction –what are the alternatives? Why is dismissal justified? – Consider the impact of any contractual disciplinary procedures – these mayaffect the sanctions that can be awarded – Why is dismissal reasonable? How does this sanction compare with thetreatment of employees in similar cases? – Remember that to defend a summary dismissal against a wrongful dismissalclaim, you need to be able to establish on the balance of probabilities thatthe misconduct took place. If in doubt, consider dismissing with a payment inlieu of notice Hashimoto Ltd v McIntosh, EAT An illustration of the dangers in taking up inflexible positions * * * McIntosh claimed unfair constructive dismissal and disabilitydiscrimination. He resigned after a lengthy period of sick leave due to”depression and anxiety”. His sick pay had been suspended while hewas off work and he had been subjected to a disciplinary investigation. Thisarose after he was seen allegedly drinking alcohol at a leaving party for anotheremployee 10 days into his sick leave.  Theemployer advised McIntosh his sick pay would only be reinstated after furtherinvestigation when he returned to work, taking issue with him being at theparty while absent on the sick. McIntosh protested, but the employer refused tomove and ultimately McIntosh resigned. The EAT agreed with the tribunal’s conclusion that there had been lessfavourable treatment for a reason relating to McIntosh’s disability and thatthe employer could not justify that treatment. The employment contract providedfor disqualification from sick pay only if the employer was satisfied there hadbeen abuse or misrepresentation – it did not allow the right to sick pay to besuspended. The employer could not have been in a position to disallow McIntosh’s sickpay entitlement until they had held the disciplinary hearing. They knew theywere causing him serious financial hardship, yet maintained their stance forseveral months during which McIntosh’s GP certified him as unfit for work. They could have investigated earlier without McIntosh returning to work.Even though there were reasonable grounds for suspicion, no reasonable tribunalcould have regarded the employer’s reason as carrying substantial weight for withholdingsick pay for a sustained period of many months and in breach of contract. What you should do – Always check your contracts and procedures. Do they allow the action youpropose to take? – Remember that the employee does not have to return to work before adisciplinary incident can be investigated – is the employee fit to appear at adisciplinary hearing during his sick leave? – Always ask yourself whether you are being reasonable. If you are taking upentrenched positions, is there a compromise or a means to break the deadlock? – Leaving disputes to fester for months risks triggering litigation The Scotts Company (UK) Ltd v Budd, EAT EAT considers the paradoxical results of the interplay betweencontractual notice periods and rights during statutory minimum notice * * * Budd was dismissed after long-term sickness absence of two years. Hehad long exhausted his right to contractual sick pay. His contract provided fortermination on giving 13 weeks’ notice. In the event, he received 12 weeks andtwo days’ notice and was not paid during his notice period. He claimed thecompany had failed to pay him a statutory minimum notice payment. The EAToverturned the tribunal’s decision that Budd was entitled to this payment. Key pointsThe issue in this case was the rather curious effect of the statutoryminimum notice provisions in the Employment Rights Act 1996. Budd’s entitlementto statutory minimum notice was 12 weeks. The Act also provides that during thestatutory minimum period of notice, an employee who is incapable of workbecause of illness or injury is still entitled to be paid their normal pay.This rule applies even if under the contract itself, an employee would not beentitled to any sick pay for that period. However, section 87(4) ERA disappliesthis rule where the notice given by the employer to terminate the contract isat least one week more than the statutory minimum period of notice. Here, Budd’s contractual notice period was one week in excess of thestatutory minimum. If Budd had not received at least 12 weeks’ notice, hisclaim to be paid during the notice period would have succeeded. He argued thatalthough the contract required at least one week’s notice more than thestatutory minimum, he had in fact received just over 12 weeks and therefore thecompany should not be able to rely on the length of a contractual notice periodwhich he had not received. However, the EAT rejected this argument – Budd hadreceived at least the statutory minimum, the contractual notice period exceededthe statutory minimum by a week and therefore Budd lost the right to be paidduring his notice period. What you should do – If an employee is off sick during the notice period, remember that theymay have the right to be paid even if contractual sick pay is exhausted – The key to determining whether payment is required is whether thecontractual notice period is a week or more longer than the statutory minimum – Remember to calculate the entitlement to statutory minimum notice at theprojected date of termination, not the date on which notice is given – Consider adopting notice periods which are longer than the statutoryminimum – this case shows that even a minimal increase on the statutory minimummay save substantial cost Case of the month, by Christopher MordueHSBC Bank plc v Clarkson, EAT An important decision on ‘past disability’ under the DDA * * * * * Clarkson was employed by HSBC for 20 years until he tookill-health retirement in 1999. He had suffered depression in 1997 followingpromotion and reverted to a lower grade post. In 1999 he had difficultiesconcentrating and his relationship with colleagues deteriorated. His doctorsuggested he was suffering from post-traumatic stress disorder relating to aroad accident in 1966. After suffering blackouts, Clarkson was signed off workuntil his ill-health retirement. He complained of disability discriminationsaying the bank had made insufficient efforts to relocate him. At the employment tribunal, the preliminary issue was whether he was‘disabled’. A medical expert reported that when examined in 2000, Clarkson wassuffering post-traumatic stress disorder but this had developed afterretirement and was not considered to have a long-term substantial adverseeffect on his ability to carry out normal day-to-day activities. He could notbe considered as disabled solely on the basis of this condition. The next issue was whether he qualified as a ‘disabled person’ on thegrounds of ‘a past disability’. His previous episode of depression in 1997 hadnot lasted for 12 months, suggesting that on its own, it was insufficient toamount to a disability. The position was unclear as the medical expert haddescribed the depression as “transient” in the periods 1988-1990 and1998-2000. Because there were two episodes, the tribunal considered the condition hadrecurred. The first episode was to be regarded as having a continuing effect soconsequently, Clarkson was disabled. The EAT reversed this decision ruling thatthe tribunal’s approach was flawed. Key pointsIn any case of disability discrimination, it is necessary for the applicantto show a physical or mental impairment which has a long-term substantialadverse effect on the ability to carry out normal day-to-day activities. Themost straightforward definition of ‘long term’ is where the adverse effectslast for at least 12 months. In this case, neither episode of depression was,on the face of it, of sufficient length. However, the DDA also provides wherean impairment ceases to have a substantial adverse effect it is to be treatedas continuing to have that effect if it recurs. The tribunal’s error was automatically to regard two instances of the sameproblem to be linked, each causing a substantial adverse effect. The EATstressed that in any case of past disability, that disability must itself havea substantial and long-term adverse effect. It was necessary to considerwhether the first period of depression had recurred, or whether the secondincident was entirely separate. The tribunal should also have considered whatthe expert meant by the word “transient” – whether this meant thedepression was transient within each period of depression, for example, orwhether he was saying there was a constant underlying state of depression withtwo islands of symptoms. What you should do This case illustrates the complexity of the definition of disability underthe DDA, and difficulty of placing depressive episodes within that framework.It illustrates the importance of dealing properly with employees claiming tosuffer stress-related illnesses. – In any disability discrimination claim, unless disabled status is obvious,a medical report is necessary to understand properly the nature and effects ofthe physical or mental impairment in question – In a case where the disability is alleged to be shown by two separate occurrencesof the same problem, and the effects of neither condition have lasted for 12months, it is necessary to consider whether these are truly separate conditionsor whether some link between them means the first condition can be said to haverecurred. It is important to obtain medical expert opinion – In many disability discrimination cases, the issue of disability issecondary to the question of whether the employer can justify the allegeddiscriminatory treatments – The key questions are: do you have a good reason for the action youpropose to take and have you considered all the alternatives? – Always consult the disabled employee – ask how the medical condition mightbe relevant to their treatment and what alternative courses of action they canidentify Case round upOn 1 Dec 2002 in Personnel Today Comments are closed. Related posts:No related photos. Previous Article Next Articlelast_img read more