UNITY Consulting Scotland’s Post

The Hon'ble Supreme Court recently issued notice in a significant case concerning the denial of regularisation to a part-time worker who had served for over 20 years with the State authority. During the hearing, I emphasized that the High Court and the Central Administrative Tribunal (CAT) overlooked crucial aspects of the case. The Petitioner was holding a sanctioned post and fulfilled all the necessary conditions for regularisation, as prescribed by the Hon'ble Supreme Court in the landmark case of State v. Umadevi, (2006) 4 SCC 1. Furthermore, while relying on the Doctrine of Legitimate Expectation, I argued that the Petitioner had developed a legitimate expectation of permanent employment based on her dedicated service and regular assurances. The Supreme Court's consideration of this case is a positive step towards ensuring just treatment for individuals who have served diligently but face unfair denial of regularisation. Accompanied by the best- Jaitegan Singh Khurana and Vanshita Gupta #Regularisation #SupremeCourt #LegitimateExpectationDoctrine #EmploymentRights #UmaDevi #ServiceLaw #CentralAdministrativeTribunal

The High Court of Australia has reinstated a A$1.4 million award of damages to an employee who was summarily dismissed in breach of the employer’s binding grievance procedures. In doing so, the court reversed the well-understood 115-year-old position that damages for psychiatric injury are not recoverable by an employee for an employer’s breach of the employment contract. Employment and reward partners Ben McKinley and Neil Napper examine the reasoning behind the decision and the implications for employers. Read the article: https://ow.ly/l7wa50UqhvZ #PinsentMasons #EmploymentLaw #WorkplaceLaw

"A key part of the current Government’s Levelling Up agenda was the empowerment of local communities to make decisions. One of the proposals as part of this was the possibility for mayoral combined authorities to assume the powers of coterminous Police and Crime Commissioners [...] "The power to do so already existed, but the unlike the first two Combined Authority Mayors who exercised these powers (Greater Manchester and West Yorkshire), in the West Midlands, its use proved more of a challenge." This case serves as a reminder to pay attention to the legislative requirements of the proposed actions of public authorities. If the legislation outlines specific points of consideration to be used prior to a decision - it’s probably best to explore these in any consultation. Read more from Stephen Hill on the Office of the West Midlands Police and Crime Commissioner's successful challenge to the Home Secretary's consultation and the subsequent to decision to combine the PPC with the office of the Mayor ⬇️ https://lnkd.in/eNwNu2PC #OPCC #LawofConsultation #CaseLaw #LegalChallenge #LevellingUp

The new Labour government has committed to ‘halving serious violent crime’ and boosting confidence in the police and criminal justice system. In their new blog, our legal experts Caroline Day, Alun Milford and David Sleight review their promises and how the new government may develop its plans, including in relation to prison reform, tackling violence against women and girls, and an enhanced fraud strategy. Click the link below to read more: https://lnkd.in/eK3CxNjC To learn more about how the new change in government will impact you, your family, and your business, please visit our dedicated hub: https://lnkd.in/eWFvmw8k #KNNewGov #Labourmanifesto #Change #Publicsafety #Criminaljustice #Criminallaw #Kingsleynapley

As a new UK Labour Government embarks on delivering the police and criminal justice policies and pledges contained within its manifesto, former chief superintendent Dr Stephen Brookes QPM FCMI FRSA, now a leadership expert and Honorary Associate Professor at the The University of Manchester, sets out the opportunities and benefits of a “brave, bold and balanced” approach to leadership that could establish the policing agenda for 2030 and beyond. ❝There is no better time for those in power to consider an agenda for change from 2030 onwards.❞ ❝It was time for action [following Tony Blair’s election], and the need for integrated, collective leadership in policing, crime, and justice had never been more urgent. The momentum was initially strong; it was promising based on bold statements, brave legislation and government guidance.❞ ❝The opportunity to spend the first 100 days of government creating an agenda for action behind a brave, bold and balanced ‘Policing Beyond 2030’ agenda would reap dividends – but only if it is followed by creating the foundation for Policing 2030.❞ ❝We all probably realise that assumptions are the antithesis of reason. We should constantly challenge assumptions, which is the key to success in any endeavour we seek to achieve.❞ ❝The Coalition Government emphasised using technology in policing. Despite these efforts, they faced significant challenges due to budget cuts, which led to reduced police numbers and resources and criticism over rising crime rates in certain areas.❞ ❝Courageous leadership inspires confidence and motivates law enforcement agencies to adopt innovative approaches to improve public safety and crime prevention.❞ ❝Independent PCCs would be less partisan. Bold actions often involve risks and upset political allegiances, but such actions can result in more efficient, transparent, and fair policing and justice systems that better serve the community.❞ https://lnkd.in/epunhfmy #lawenforcement #policing #police

The politicization of the appointments of adjudicators is a cause for concern. People with legal issues in #Ontario are much more likely to turn to an adjudicative tribunal than to the courts for problems relating to landlord and tenant disputes, human rights applications, entitlement to social benefits, compensation after a work-related or motor vehicle accident, complaints about health care providers, and land use disputes, to name just a few. Our tribunal system is in need of reform. We need an Adjudicative Justice Council. #MakeTribunalsBetter, Doug Ford.

The U.S. Court of Appeals for the Ninth Circuit recently held that California AB 5's (#AB5) differing treatment of app-based workers in the transportation and delivery service industry survived constitutional review, because there were plausible reasons for treating these types of companies differently from other types of referral companies. Read the full article here: https://bit.ly/3Y519Lf #EanetPC #CaliforniaBusinessLaw #AppBasedWorkers

Ontario court finds police cannot circumvent Parliament’s tailor-made warrants for digital assets "The application judge dismissed DRPS’s application, finding it had failed to satisfy the three preconditions to issuing a general warrant under section 487.01(1), that there are reasonable and probable grounds to believe an offence has been committed and that information concerning the offence will be obtained it is in the best interests of justice to issue the warrant there is no other provision under the Criminal Code or other Act of Parliament permitting the seizure" https://ow.ly/vxvQ50RT9Es Sometimes getting to “DONE” is as simple as coffee & conversation. How about we have a chat… #groupbenefits #employeebenefits #consulting #leadership #communication #culture #compensation #wellness #employeeengagement #cgib Humans serving Humans

Some good news to end the year! 🧡 The High Court of Australia has overturned a 115-year-old legal precedent, allowing workers who have been unfairly dismissed to claim compensation for psychiatric injury. This new ruling acknowledges societal shifts, emphasising modern employment as “a source of livelihood, identity, and self-esteem.” ▶️ Read more about the ruling here: https://bit.ly/4gExajq #PolarisLawyers #YourPathToJustice #PersonalInjuryLawyersMelbourne #PersonalInjuryLawyer #PersonalInjury #PersonalInjuryClaims #WorkCover #InjuryCompensation #RoadAccident #MedicalNegligence #Accident #LegalSupport #AusLaw #Melbourne #Victoria