Smoke mirrors and the employment relationship

smoke mirrors and the employment relationship

My last relationship was terrible and I'm not sure I'm ready. Natalie insisted, "That was then, this is now. parties thrown in the mix. I went with John to his first party first and met all of his employees. His parents held the 39 SMOKING MIRRORS. Don't Be Fooled by Smoke and Mirrors: 12 Traits of Truly Authentic People lives easier, allowing us to connect and build relationships with people from all . include emotional intelligence, talent management and employee. Fraser, Natalie K. "Smoke and Mirrors: The Introduction of Private . Parties that take radically different positions in relation to other employment issues agree .

And the "out of the box" activity measures provide some good insight into the early engagement with the platform during and after launch. The chart below is an indicative example of the patterns we find during and post-launch. Drilling into our data even further, we started to look for collaboration patterns within individual community groups.

In the chart below we show how we analyzed the most active groups in a large global IT services organization: In this chart, the groups are sorted by their Social Cohesion score. We can see from the graph that Total Activity the sum of all activity measures i. In fact, there is even a slight negative correlation. Total Activity is negatively associated with Response Rate. ESN Activity Measures Don't Cut It In essence, if you are relying on activity measures to guide your collaboration and relationship building efforts, then you might as well not bother.

In our view, it is the measure of Social Cohesion that is most representative of collaborative performance. It is not hard to accept that a more socially cohesive group is a more collaborative one. In fact, this has been confirmed when we have conducted follow up interviews with some of our benchmarked enterprises.

A fear, whether justified or not, pervades the submissions of employers and employer interest groups, both large and small. Moreover, he questions what this fear by employers of vexatious or frivolous prosecutions reveals about how employers view and manage their industrial relations.

The court system has in place checks and balances to ensure that cases brought before the court are legitimate. Taking a case to court does not guarantee a criminal conviction. In the first instance the burden of proof that needs to be attained is the criminal standard of beyond a reasonable doubt.

This is a high hurdle to reach and will operate to knockout undeserving prosecutions.

The Smoke and Mirrors of Enterprise Social Networking Metrics

Existing legislation operates to statutorily monitor the legitimacy of prosecutions. The Summary Proceedings Act provides for stays in proceedings in the event of vexatious litigation. Furthermore, pursuant to the Costs in Criminal Cases Act s 7 1 bcosts can be awarded against private prosecution litigants who are shown to be motivated by vexation. S5 provides guidelines as to the necessary motivation, including the need to be acting in good faith, the requirement of sufficient evidence to convict, appropriate consideration of any exculpatory evidence, and the undertaking of a reasonable and proper investigation.

Legal aid is not available in New Zealand to fund private prosecutions.

The Smoke and Mirrors of Enterprise Social Networking Metrics

In bringing a private prosecution there is a definite bar of costs. Although not clearly stated these concerns can only apply to vexatious or malicious prosecutions. It cannot be thought that a valid criticism can be levelled at a valid prosecution based on the cost of providing a defence. If a prima facie case exists and an actionable wrong has been committed then whether or not a prosecution is brought by the central enforcement agency or by a private prosecutor the costs involved are legitimate consequence of a breach of the Act.

The earlier criticisms, although plausible, were based on a more theoretical modal of what it means to mount a private prosecution, the ineffectiveness of private prosecutions, due to the problems in investigation are more than theoretical and will amount to actual practical hurdles to those seeking redress. In cases where the Department decides not to prosecute, the evidence collected by the inspectors is subject to the provisions of the Official Information Act and the Privacy Act A private individual will be able to lay an information and bring a private prosecution.

However, they will not be provided with investigative powers or the right of entry that are available to an OSH Inspector.

Auckland University Law Review

This effectively undermines their ability to prepare their case. The limiting effect of this type of legislation is evident in the South Australian system. This procedure is ridiculous if OSH does not provide information. Only after that time has lapsed can an information be laid by a private prosecutor.

smoke mirrors and the employment relationship

The ability of a private prosecutor to gather evidence will be severely limited. But, private prosecutors also have the right to present the best case possible. This is a difficult balance to strike.

The system cannot work unless a median is found and clear guidelines and powers are put in place. Provision needs to be made so that the right to bring a private prosecution is an effective right. Conversely, the defendant has the right to fair process. What use is a power to bring a private prosecution if you lack the power to gather the evidence necessary to prepare your case?

Under the amendments there is no duty imposed on OSH to share information that they have obtained during their investigation. The converse is in fact true. However, the employer would be required to provide the information prior to the decision being made as to who would lay the information. The information is not being obtained for the benefit of a third-party, but rather as part of criminal investigation.

Thus, it is more than likely that the information would be used to assist an OSH prosecution than a private prosecution. Ostensibly this means that information must be released unless there are conclusively good reasons for withholding it. What power does a private prosecution have if it is based only on limited evidence? Sentencing Act Wren [] suggests that only two real incentives exist for workers or their representatives to bring an action.

The first being to correct a manifest injustice; the second, for financial gain. The second incentive, he believes can largely be ignored.

In July [] the Criminal Justice Act was repealed. From its ashes arose the Sentencing Act Central to HASE Act is that under the new sentencing regime the court can no longer order part of a fine to the victim.

In its place an order of reparation has been posited. The relevant reparation sections are: The most important in this instance being S32 Sentence of Reparation. Because authentic people do not worry about being liked or being in the spotlight, they are willing to go against the grain and make unpopular decisions when needed. Authentic people do not base their happiness off what they have or do not have. Instead, they find happiness from within and from the simpler pleasures in life.

They focus on the lives they have touched, rather than how much money or material items they have acquired. They Take Personal Responsibility. Authentic people hold themselves accountable for their words, decisions, and actions, despite the outcome.

They are empowered to admit to failures and do not shift blame for their own wrongdoings.

smoke mirrors and the employment relationship

They know their weaknesses and mistakes and focus on taking corrective action in the face of failure. They Cultivate Meaningful Relationships.

They focus on developing long-lasting relationships with others built on trust and mutual respect.

smoke mirrors and the employment relationship

They Are Not Driven by Ego. Authentic people are secure, sincere, and have a strong sense of self. This allows them to lead from their heart and not seek validation from others.

MacLeod Law Firm Cannabis Legalization: Behind the Smoke and Mirrors - MacLeod Law Firm

Authentic people do not make decisions based on their egos and do not need admiration from others in order to feel good about themselves. Authentic people have healthy egos, which allows them to be secure and confident. However, they also have realistic perceptions of reality and do not exhibit blind confidence in the face of challenging evidence. They Have Strong Character.

Authentic people say what they mean, do not make promises that they cannot keep, and always maintain a sense of integrity in their interactions with others.