Английский язык для магистрантов гражданско-правовое направление. Учебное пособие

thismaybefollowedbyanunfairdismissal.3.Dismissaldoesnotrequire an important reason to be effective and valid. 4. If an employee decides toresign,hemustnameanimportantreasonforit.5.Typesoftermination can be broadly classified into two categories: voluntary and involuntary. 6. Voluntary termination is initiated by the employer and occurs without theemployee’sconsent.7.Redundancyreferstoemploymenttermination due to company operations or restructuring changes. 8. The employee must usually give the employer notice before resigning, as outlined in their contract.

13. Fill in the blanks using the following words from the text (mind

the forms of verbs): dismissal (2), dismissed, redundancy, redundant, resignation,1. He hasresigbeened,maderetirement,retiring , so he islooking for ajob now. 2. Thousands of factory workers are facing ___________________ . 3. He still hopestowinhisclaimagainstunfair___________________.4.Sheisnowfaced with ___________________ on the grounds of misconduct. 5. The court ruled that Ms. Hill had been unfairly ___________________ . 6. At 60, he was now approaching__________assalesdirector.7.Heis___________________nextyear after 30 years with the company. 8. Two members ___________________ from the board in protest. 9. My ___________________ is effective from May 1.

154.Makeupyourownsentencesusingthewordsfromexercise13.

.Makeupaplanofthetextandretellthetextaccordingtoyourplan.

WRITING: ACADEMIC SUMMARY

16.ReadthefollowingFairWorkCommission’sannualreportandwrite its summary in Russian and/or English using “How to write an academic summary”p.23.

UNFAIR DISMISSAL STATS REVEAL 93% NEVER MAKE IT TO A FORMAL HEARING: WHAT ARE THE COSTS TO BUSINESSES?

More than 90% of unfair dismissal claims over the past year were resolved before they reached a hearing involving a Fair Work Commissioner, but experts say disputes can still cost businesses significant time and money even if they never make it to the formal

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hearing stage. The Fair Work Commission’s annual report for 2016-17 reveals […]

More than 90% of unfair dismissal claims over the past year were resolvedbeforetheyreachedahearinginvolvingaFairWorkCommissioner, but experts say disputes can still cost businesses significant time and money even if they never make it to the formal hearing stage..

TheFairWorkCommission’sannualreportfor2016-17reveals14,587 claims were made for unfair dismissal against Australian businesses in the 12 months leading up to June 30.. On average, this is 280 claims a week..

The commission has highlighted unfair dismissals as the most common type of dispute it deals with each year, with 40% of all its complaints related to employees challenging dismissals..

However, 93% of these cases were resolved before ever getting infrontofaCommissioner,beingeither“resolvedinformallybyagreement of the parties” or because the applicant dropped the claim..

Over the past year, 8,880 matters were settled via an informal conciliation, which sees a specialist staff member conduct a conference between the employer and the worker to come up with a solution to a dispute.. In 62% of these cases the solution involved “both monetary and non-monetary items” being agreed upon asa solution, but employees were very unlikely to get their jobs back in this process, with less than 1% being reinstated to their roles..

More employees received a monetary payout from a conciliation compared to the previous year, with 7,194 employees receiving a payout over the past 12 months, compared with 6,859 last year.. In84% of cases, the payout was less than $6,000..

Numbers consistent, but some businesses unprepared

Workplace lawyer Peter Vitale says the number of unfair dismissal claims resolved before thepoint of a formal Fair Work hearing has stayed consistent over the past few years, but observes some businesses still aren’t completely prepared to early stage conciliation meetings..

Once an unfair dismissal claim is made, the commission can ask the employer to respond with information about the circumstances for the dismissal and why they believe it was valid..

A conciliation conference is then scheduled, usually by phone, which provides both parties the opportunity to discuss the case with a Fair Work Commission representative, as an “off the record discussion where the parties are given the opportunity to state their case and negotiate a settlement”, Vitale explains..

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While employers are not required to lodge formal evidence at this stage, and the aim is to resolve the issue in the best way for all parties at this stage, Vitale says in his experience businesses tend not to seek external advice from a lawyer until after conciliation..

This case results in some businesses not being sure what they should offer in this initial meeting..

“Isuspectthereareaverysubstantialnumberofverysmallbusinesses who don’t seek advice up to that point..” “That may mean that they offer to pay the applicant in cases where there are no merits, or they offer more money than the decision warrants,” Vitale says..

Vitale advises businesses to always think about the longer term costs of pursuing a matter beyond conciliation, including the disruption to their business in the long-run..

Getting external advice early could be useful in these cases, as well as taking a step back after a claim is made to evaluate what the potential impacts of taking it beyond conciliation might be..

“Consider all of the costs, not just the monetary costs – the cost of disruption to the business, management time, the cost of external advisors.. All of these things need to be very carefully considered and weighed up..”

Make sure the commission is involved

Council of Small Business Australia (COSBOA) chief executive Peter Strong says the Fair Work Commission is trying to streamline the process as much as possible for businesses, and warns employers if they are contacted by a former worker with a claim of unfair dismissal directly, they should get the commission involved..

He says there are cases where businesses are threatened directly by a former worker, and employers often don’t know what to do next.. “If someone comes to you and says ’I’m gonna get ja’, contact the Fair Work Commission and contact them straight away,” Strong says..

This will ensure a business can check their rights and obligations instead of hearing demands from a worker that do not come through the formal channels..

There are still some cases that exist ofemployers paying out workers simply to end a claim process, Strong says, and while these are not incredibly frequent, they do substantially hurt businesses..

“When this happens to an employer, it’s really not a good thing.. If we’ve done nothing wrong and have topay – that’s really, really wrong,” he says..

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He advises businesses contact the commission or COSBOA with any

concerns about unfair dismissal.. Based on (https://www.smartcompanyS artComp.com.au/ny

people-human-resources/unfair-dismissal-stats- reveal-93-never-make-it-to-a-formal-hearing/)

17. Search the Internet for papers relating to your research topic and write their summaries in Russian and/or English using “How to write anacademicsummary”p.23.

What’stheJUST FORVerdict?FUN

You are the judge in tricky courtroom quizzes. You don’t need to be a lawyer to get the “right” answer. Care, common sense and imagination should lead to the correct solution in a case, regardless of previous education or training.

Employers are generally1.liableABadforReferthenegligence of their employees. Otto, anemployer, issued by Jane for injuries Jane sustained asthe result of Floyd’s negligence. Floyd is an employee of Otto. Jane proposes to call witnesses to testify that Otto’s foreman had complained before theaccident ofFloyd’s incompetence. Otto claims that thecomplaints are hearsay. Is the evidence admissible?

A newspaper is sued2.forThelibelEmployer’s. The victimWrathof the libel wants to prove that the newspaper fired the reporter who wrote the story shortly after it appeared. The lawyer for the newspaper claims that this should be inadmissible on the grounds that it is not relevant. Is the evidence of the firing admissible?

Munroe was the manager3.TheAccof a popularmp nisingert . Munroe thought that Glen, a pianist, had agreed to accompany the singer at a forthcoming concert.MunroeissuedpostersandprogramsthatshowedGlenaspianist for the singer’s performance. In fact, Glen had not agreed to accompany the singer. As a result of the posters, Glen lost another contract, because people believed that Glen was unavailable. Can Glen recover damages because of the statements in the poster?

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ESG2.2.5is. ENVIRONMENTAL,a framework that SOCIALhelps stakeholders& GOVERNANCEunderstand(ESG)how an organization is managing risks and opportunities related to environmental, social, and governance criteria (so called ESG factors). While theterm ESG isoften used inthecontext ofinvesting, stakeholders includenotjusttheinvestmentcommunitybutalsocustomers,suppliers, andemployees,allofwhomareincreasinglyinterestedinhowsustainable an organization’s operations are.

What have you heard about ESG policies? What Russian companies follow ESG standards in their work? What are the positive effects of ESG? IsthereafutureinESG?

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13. A person with an interest or concern in something, especiallyStakeholda businessr. .

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2. Find in the text the English equivalents for the following words and

деловаяphrases: практика организации; на рынках капитала; устойчивость бизнеса; долгосрочный успех; распределение капитала; защитник окружающейсреды;управлениечеловеческимкапиталом;справедливая заработная плата; вовлеченность сотрудников; охрана труда и техника безопасности на рабочем месте; финансовая прозрачность; методы ведения бизнеса.

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4. Make up your own sentences using the words and expressions from exercises2and3.

15.FillESGinistheblankscriteriausingusedthetowordsassessfromthe environmentalthetext: impact, social conscience,andethical___________________ofacompany.2.___________________

factors involve considerations of an organization’s overall effect ontheenvironmentandthepotential___________________andopportunities. 3.___________________factorsaddresshowacompanytreatsdifferentgroups ofpeopleanditssocialimpact,includingemployees,suppliers,customers and community members. 4. Governance refers to how the organization is directed and looks at corporate governance factors like executive

___________________ . 5. ESG is typically used in the context of investing, although it also applies to customers, suppliers, ___________________ and the general public.

16.UseHowtheisfollowingESG defined?questions2. WhattoretellaretheESGtext:goals? 3. What historical movements did ESG develop from? 4. What are the three dimensions ofESG?5.WhataretheenvironmentalfactorsofESG?6.Whatisthesocial pillar of ESG? 7. What is meant by governance in ESG? 8. When was the term “ESG” popularized?

TEXT 2

7.ReadthetextandmakealistofactivitiesESGlawyerscarryon:

WhenitcomestotheESG:roleWHATofalawyerLAWYERSinESGDOsector,itisnotonlyabout bringing companies’ practices in line with, for example, new regulations related to climate change, but also about helping these clients attract theattentionofanewgenerationofinvestors.Thereareanumberofissues that an ESG lawyer might be working on with clients at a board level. Theseincludeachievingsustainablefinancing,diversityintheworkforce, corporate responsibility in digital technology, or fighting corruption. Thus, most ESG lawyers will spend time inthe corporate space, advising on everything from mergers and acquisitions to the formation of funds. A lot of ESG lawyers come from abackground in areas like human rights, employment, environmental or corporate law.

Lawyers provide support as businesses pursue the opportunities presented by action on emissions, climate tech, innovation and

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infrastructure to facilitate the energy transition, and the promotion of human rights, talent and diversity in the workforce across businesses and supply chains.

Lawyersadviseclientsinternationallyandlocallyastheyincorporate ESG into business strategies and implement ESG in operations, supply chains and business relationships throughout value chains. They provide adviceoncomprehensiveESGmanagement,assistwithlitigation,dispute and reputation risks arising from ESG.

1 Environmental, Social & Governance (ESG). URL: https://www. Notes: chambersstudent.co.uk/practice-areas/environmental-social-

governance-esg

2 Why ESG is important to in-house lawyers: The critical role of “Environmental” in ESG. URL: https://legal.thomsonreuters.com/ blog/why-esg-is-important-to-in-house-lawyers-part-1/

3 Sustainability and ESG. URL: https://www.cliffordchance.com/ expertise/services/esg.html

consult,8.Lookcounsel,throughexperience,thet xtandhumanfindsynonymsresources,totheinclude,followingmatter,words:variety.

9. Look through the text again and give English equivalents for thefollowingкогда речьwordsзаходитandexpressions:, привлечь внимание, продолжить работу с клиентами, устойчивое финансирование, в корпоративном пространстве, слияние и поглощение компаний, с опытом работы в областях, оказывать поддержку, цепочки создания стоимости, комплексное управление.

10.Readthetextagainandanswerthequestion:WhatisanESGlawyer?

TEXT 3

11. Read the text and answer the question: What is the phenomenon ofcorruptioninbusinessworld?

WhenWHATdiscussingIS THEESG,IMPACTthe OFemphasisCORRUPTIONoften ONfallsESG?on the “E” (Environmental) and occasionally on the “S” (Social), while the “G” (Governance) aspect seldom receives the attention it deserves. However, this oversight is significant because corruption, a key governance issue, poses substantial risks to companies and society. Directors and

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