Материал: 217

41

g) исключение из правила

h) давать рекомендацию

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1..There will always be a contract of employment, even if there is nothing written down.

2..If the law or your contract of employment does not give you the right to a minimum amount of notice, you are not entitled to any notice.

3.Notice of dismissal may be given to you indirectly or through a third party, for example your trade union.

4.If you have been dismissed because of gross misconduct, you may not make a claim to an employment tribunal.

5.The law gives all employees the right to a minimum amount of notice.

6. . If your contract gives you at least one week's notice more than the law gives you, you lose your legal right to be paid during the whole of the notice period.

7. But all personal information should be included in a reference, even if you agree to it.

Exercise 3 Complete these sentences.

1.Before dismissing you, your employer should………………..

2.The law does not give the following employees the right to a minimum period of notice……………………

3.A minimum period of notice is:……………………….

4.The reasons why your employer might refuse to give you a reference are

………………………….

5.Your employer has a duty to write …………………………

6.Severance pay ……………………………………..

Exercise 4 Match these terms and their definitions.

1.a regulatory body a)

2.reassignment b)

42

Exercise 5. Discuss these questions

1.What should your employer if they want to dismiss you?

2.What do employees do If they are not happy with their employer's decision?

3.Is the notice of dismissal always done in writing?

4.Why is it important to check the real reason for the dismissal ?

5.What are the reasons you may not be able to work during the notice period?

6.What are you are entitled to if your employer has dismissed you without giving you the notice?

TEXT 9.

Arbitration

Arbitration is a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution, which provide parties to a controversy with a choice other than litigation. Unlike litigation, arbitration takes place out of court: the two sides select an impartial third party, known as an arbitrator; agree in advance to comply with the arbitrator's award; and then participate in a hearing at which both sides can present evidence and testimony. The arbitrator's decision is usually final, and courts rarely reexamine it.

Traditionally, labor and commerce were the two largest areas of arbitration. However, since the mid-1970s, the technique has seen great expansion. Some states have mandated arbitration for certain disputes such as auto insurance claims, and court discrimination. International business issues are also frequently resolved using arbitration.

Arbitration in the United States dates to the eighteenth century. Courts frowned on it, though, until attitudes started to change in 1920 with the passage of the first state arbitration law, in New York. This statute served as a model for other state and federal laws. After World War II, arbitration grew increasingly

43

important to labor-management relations In the 1970s, arbitration began expanding into a wide range of issues that eventually included prisoners' RIGHTS, medical malpractice and consumer rights. In 2003, all 50 states had modern arbitration statutes.

Arbitration can be voluntary or required. The traditional model is voluntary, and closely linked to contract law: parties often stipulate in contracts that they will arbitrate, rather than litigate, when disputes arise. For example, unions and employers almost always put an arbitration clause in their formal negotiations, known as collective bargaining agreements. By doing so, they agree to arbitrate any future employee grievances over wages, hours, working conditions, or job security—in essence, they agree not to sue if disagreements occur. Similarly, a purchaser and a provider of services who disagree over the result of a business deal may submit the problem to an arbitrator instead of a court.

Mandatory arbitration is a more recent phenomenon. States such as Minnesota, New York, and New Jersey have enacted statutes that force disputes over automobile insurance claims into this forum. In addition, courts sometimes order disputants into arbitration.

In theory, arbitration has many advantages over litigation. Efficiency is perhaps the greatest. Proponents say arbitration is easier, cheaper, and faster. Proponents also point to the greater flexibility with which parties in arbitration can fashion the terms and rules of the process. Furthermore, although arbitrators can be lawyers, they do not need to be. They are often selected for their expertise in a particular area of business, and may be drawn from private practice or from organizations such as the American Arbitration Association, a national nonprofit group founded in 1926.

Significantly, arbitrators are freer than judges to make decisions, because they do not have to abide by the principle of stare decisis (the policy of courts to follow principles established by legal precedent) and do not have to give reasons to support their awards ,although they are expected to adhere to the Code of Ethics for Arbitrators.

Ultimately, the decision to use arbitration cannot be made lightly. Most arbitration is considered binding: parties who agree to arbitration are bound to that agreement and also bound to satisfy any award determined by the arbitrator. Courts in most jurisdictions enforce awards. Moreover, they allow little or no option for appeal, expecting parties who arbitrate to assume the risks of the

44

process.

In addition, arbitration is subject to the legal doctrines of Res Judicata and Collateral Estoppel, which together strictly curtail the option of bringing suits based on issues that were or could have been raised initially.

Res judicata means that a final judgment on the merits is conclusive as to the rights of the parties and their privies, and, as to them, operates as an absolute bar to a subsequent action involving the same claim, demand, or Cause of Action.

Collateral estoppel means that when an issue of ultimate fact has been determined by a valid judgment, that issue cannot be relitigated between the same parties in future litigation. Thus, often the end is truly in sight at the conclusion of an arbitration hearing and the granting of an award.

There are only four grounds on which a court may vacate, or overturn, an award:

(1)where the award is the result of corruption, Fraud, or undue means;

(2)where the arbitrators were evidently partial or corrupt;

(3)where the arbitrators were guilty of misconduct in refusing to postpone the hearing or hear pertinent evidence, or where their misbehavior prejudiced the rights of any party

(4) where the arbitrators exceeded their powers or imperfectly executed them so that a mutual, final, and definite award was not made.

One major boost to arbitration came from the U.S. Supreme Court, which held in 1991 that Age Discrimination claims in employment are arbitrable.

estoppel - отвод, правовой принцип, согласно которому лицо утрачивает право

ссылаться на какие либо факты в основание своих притязаний

Exercise 1 Find these words and word combinations in the text.

a)альтернативное разрешение споров

b)стороны спора

c)беспристрастная третья сторона

d)решение арбитра

45

e)предусмотреть в контрактах

f)обязательный арбитраж

g)придерживаться. соблюдать Кодекс Этики

h)обязательный для сторон

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1.Arbitration is a the only alternative way of resolving disputes.

2.The arbitrator's decision is not final, and courts often reexamine it.

3.The traditional model of arbitration is voluntary and closely linked to contract law.

4.Courts never order disputants into arbitration.

5. Most arbitration is considered binding, it allows little or any option for appeal.

6.There are no legal grounds on which a court may vacate, or overturn, an award .

7.Age Discrimination claims in employment are non-arbitrable.

Exercise 3 Complete these sentences.

1.Arbitration is ………………..

2.Unlike litigation, arbitration ……………………

3.The largest areas of arbitration are……………………….

4.Arbitration can be …………………………….

5.The advantages of arbitration over litigation are…………………………

6.There are four grounds on which a court may overturn an award .......................

Exercise 4 Match these terms and their definitions.