Facebook NewsLocal NewsEU to ease travel restrictionsBy admin – April 19, 2010 611 Advertisement Previous article‘Not an inch’ says Clare, but Green councillor disagreesNext articleBrothers charged over death threat admin WhatsApp Twitter Email THE Council of EU Transport Ministers is expected to approve an interim, European-wide response to the airspace restrictions arising from the volcanic ash cloud. The response will ease restrictions, and this will facilitate the commencement of limited operations from 0500 local time tomorrow, based on ash proliferation assessments.The response to be confirmed by the Ministers later this evening includes:Sign up for the weekly Limerick Post newsletter Sign Up A “limited No-Fly zone” including buffered area;In low contaminated areas, States should allow airlines to operate, fully supported by shared data, including advice from the scientific community (meteo, volcanic ash proliferation etc.) including safety assessments, supported by tests under the oversight of the competent Safety Authorities;In non-contaminated airspace: no restrictions.The IAA will continue to work with neighbouring air traffic service providers and with the airlines to implement this response.Irish airspace restrictions will continue until 0500 local time, Tuesday 20th April 2010. At that time the IAA expects to reinstate some air traffic services on a phased basis. The IAA stresses that this is not a return to full service. Normal operations are not expected to be in place for up to three or four days.The IAA will continue to monitor both volcanic activity and meteorological information and will advise the public on any developments. It is now up to airports and airlines to decide how best to use this opportunity. Passengers should contact their airlines to find out how this will affect their travel plans. Print Linkedin
Bad behaviour costs dearOn 1 Oct 2002 in Personnel Today The manner in which managers at City brokers Cantor Fitzgerald tried tointroduce new financial terms for two of its brokers ultimately invalidatedvital restrictive covenants in their contracts. Chris Southam urges firms tolearn the lesson that macho management can have unforeseen consequencesLap dancing as R&R, aggressive and foul language and telephone numbersalaries – it’s no surprise that the national press jumped on this summer’slegal spat between City broking heavyweights Cantor Fitzgerald and ICAP withunabashed glee. But now that the brouhaha has died down, it is well worth having a lookbeyond the silly season copy to see whether there are any lessons for HRpractitioners to take away. This was not exactly an everyday tale of country folk but then again, therewas nothing earth-shattering about the legal issues. It was simply an everydaytale of rival businesses competing for the best staff in their field. Of coursethere was a salacious element – but that was by-the-by. So what was all the legal fuss about? Simply this. Three City brokers employedby Cantor Fitzgerald wanted to join Cantor’s main rival, ICAP. (There had beenan unsuccessful attempt at a no-poaching protocol after September 11 whenCantor so tragically lost a substantial number of its most talented people.) Unreasonable restraint ICAP very much wanted to recruit the brokers – Edward Bird, Luigi Boucherand Spencer Gill, three extremely talented and profitable people. There is, ofcourse, a ‘but’. The three employees had all signed up to contracts with CantorFitzgerald which contained some extremely restrictive covenants. These,broadly, can be described as non-solicitation of customers, non-competition(such as by joining a competitor) and non-poaching of employees. A great deal of care had gone into drafting the relevant clauses and theyseemed watertight. What the three brokers wanted to do was to ‘bust thecovenants’. One way would have been to demonstrate that the covenants were anunreasonable restraint of trade and thus, as a matter of public policy,unenforceable. Here the competing interests are clear: the brokers wanted to befree to sell their services to anyone; Cantor, having paid them an awful lot ofmoney, wanted to protect its client base and, equally (if not more)importantly, protect the stability of its workforce. Wooing a large andprofitable team away from a competitor is seen as a real coup. The loss of sucha team can be extremely damaging – hence the ‘no poaching’ clause. It is interesting to note that none of the brokers sought to argue that anyof the restrictions Cantor sought to enforce was an unreasonable restraint oftrade. So how could they walk away from their covenants with impunity? It isonly now that we get to some real law. The three brokers had to rely upon thecommon law concept of repudiatory breach. Briefly, this occurs where anemployer acts so badly towards an employee that the latter is entitled toresign and complain of constructive dismissal. Repudiatory breach Not every breach will allow an employee to make this complaint – it has tobe one that goes to the root of the contract. An obvious example is aunilateral and substantial reduction in someone’s remuneration. A boss shakingan employee warmly and painfully by the throat is also likely to qualify. Sowhat is the result of a repudiatory breach? The employee is entitled to treatall his obligations under the contract as at an end. These will includerestrictive covenants. The principle is that, if the employer has been inrepudiatory breach of contract, he can no longer rely on covenants expressed toapply after the termination of employment. So that was what this case was all about. Citing foul and aggressivelanguage, and the way in which certain managers at Cantor wished to introducenew financial terms, the three brokers relied upon the oft-quoted implied termof mutual trust and confidence. Broadly, this means that an employer must not,without reasonable and proper cause, conduct itself in a manner calculated andlikely to destroy or seriously damage the relationship of confidence and trustbetween employer and employee. It does not have to be just one incident – therecan be an accumulation of improper acts, the last of which could constitute thestraw that breaks the camel’s back. For the facts of this particular case, go to the 60-page judgment of MrJustice McCombe – but it is the conclusions that are important. The learnedjudge held that Cantor did commit repudiatory breaches against Bird and Gill,but did not do so against Boucher. The breaches related to Cantor’s attempts tomake Bird and Gill accept a ‘new deal’. In their case, the issue was handled onCantor’s behalf by Daniel La Vecchia and in Gill’s case ‘significantly by Mr[Lee] Amaitis’. In Boucher’s, it was handled by Xavier Alcan. In the judge’s words: “Mr La Vecchia and Mr Amaitis had very differentstyles to Mr Alcan. Mr La Vecchia was tough, domineering and persistent in hishandling of the matter.” He was “extremely forthright, and as wasstandard with his manner of speech, there was much use of swearing andobscenities. The explanations of the new proposals were perfunctory andmisleading. Nothing was provided on paper except the odd letters which were themselvesopaque and open-ended…” When Bird indicated that he was thinking ofleaving Cantor, “this led to some very unpleasant remarks about [what]Amaitis would do in response at the insistence of Mr La Vecchia.” Behaved disgracefully There was discussion of a meeting between Gill and Amaitis which the judgepreferred to describe as an ‘encounter’ in which “Amaitis behaveddisgracefully. Even by the robust standards of this trade, the language andcomments of É Amaitis on this occasion may well, on their own, have crossed thethreshold of conduct repudiatory of the employment contract.” So the judgeheld that Cantor had breached that implied term of mutual trust and confidence– and there was no reasonable or proper cause for this. Thus happy to haveescaped their covenants, Bird and Gill exited stage left. Boucher was not so lucky. It is clear from the judgment that Alcan’shandling of Boucher was much more diplomatic. Discussions were much morecordial and, at the end of it all, the judge felt that Cantor had not committeda repudiatory breach and that it was Boucher himself who was in repudiatory breachby resigning without giving proper notice. So what is the moral of all this? It does not matter how well restrictivecovenants are drawn. They may pass muster at trial and, better still, maydeter. But defeat can be snatched from the jaws of victory by an employercommitting that fatal repudiatory breach. Macho management may be de rigueur in some parts of the City, but suchbehaviour can cost an employer dear. Some managers may need to brush up theirskills in tact and diplomacy. If they simply cannot do so, perhaps it is betterto keep them out of what, in Cantor’s case, turned out to be harm’s way. Christopher Southam is a partner in Speechly Bircham’s Employment LawUnit Lessons learned from the case– Post-termination protection willnot be challenged by employees if well drafted.– If action is to be taken to protect the business, approachthe issue in a holistic fashion. Introduce both garden leave andpost-termination protection into contracts of employment.– All contract of employment protection, whether garden leaveor post-termination restrictions, is reliant on the employer acting properly.– Do not allow a climate of bullying and bad behaviour todevelop. It can lead to significant risks to the business and such behaviourcan have a major impact on contract protection.– Ensure that e-mail traffic and other communications withinthe business are conducted in a professional and businesslike manner, in the knowledgethat such traffic will be disclosed in any court action. Related posts:No related photos. Previous Article Next Article Comments are closed.
At the Electronic Entertainment Expo, otherwise known as E3, Electronia Arts (“EA”) teased a bigger and better esports initiative for the immensely popular football simulation title FIFA next year.Credit: EAWhilst we will ascertain a better understanding come summer, the initial details revealed by EA are as follows: Official football league competitions – Players will have the opportunity to represent their favourite real-life club through official league competitions.FIFA Ultimate Team Champions Cups– Open to all eligible players, this mass entry tournament starts with online matchmaking with top players qualifying for live events this winter and spring.New FIFA Interactive Club World Cup – An All-Star tournament featuring players signed to clubs.AND, top-tier competitive gaming organisations will help us deliver even more ways for players to compete at the highest levels.This year we’ve undoubtedly seen huge growth in FIFA as an esport. Whilst it’s still considered a “softer” esport by the masses, EA has resource aplenty and seem focused on fostering growth in the space. It’s undeniably one of the easiest games to grasp from an esports perspective and the recent regional finals was broadcast across a multitude of traditional broadcasting platforms as well as online. Whilst it may not always be the most compelling game from a spectator standpoint, it’s most definitely one of the easiest for a casual observer to grasp due there’s few people who don’t understand football.Additionally, it remains the easiest entry point for football clubs into esports. There’s a plethora of teams across Europe and the world that have already picked up FIFA players and this trend looks only set to continue and grow as FIFA 18 ushers in even greater competition. Theoretically, once they’re in esports and see proof of concept there’s nothing to stop them branching out and expanding beyond the title which can only be good for the wider industry.Esports Insider says: Oh EA, you big tease. It seems like FIFA will really have a focus on structured competition for next year and considering the growth this year it’s going to be a very interesting space to watch. We look forward to hearing more come this summer.
LeBron James on helping Lakers recruit free agents: ‘It’s very critical to me and my future’ 63 secondsit took 63 seconds for Gregg Popovich to get ejected 😳#GoSpursGo #NBATwitter pic.twitter.com/A6gLbwysxN— TBN (@TBNMedia) April 4, 2019If that seems awfully early to get the boot, it is — according to SportsNet, that’s the fastest ejection for an NBA coach in history, beating the old mark held by the Wizards’ Flip Saunders (106 seconds) in a game against the Celtics in 2012. And it’s the second straight game Popovich was ejected, an odd occurrence for a coach with 20 ejections in 23 seasons.Denver went on to win, 113-85, with the outcome never in doubt. Related News John Collins SENDS it away at the RIM! 🚫🚫#TrueToAtlanta 124#HereTheyCome 1182:22 left on NBALP: https://t.co/pZ0DhQTM5F pic.twitter.com/6TqoLzaC5Z— NBA (@NBA) April 4, 2019Chris Paul beats the third-quarter buzzer with this 61-foot (!) 3-pointer.CHRIS PAUL TOSSES IT UP TO BEAT THE Q3 BUZZER!#Rockets 102#ClipperNation 73Headed to the 4th on @NBATV pic.twitter.com/tl85OvitJt— NBA (@NBA) April 4, 2019What’s Next?Bucks (58-20) at 76ers (49-29) 8 p.m. ET — You don’t need to be Nostradamus to figure out that the way the standings look now, this could be a preview of the Eastern Conference finals. The 76ers expect star Joel Embiid back in the lineup after a three-game break. But even with Embiid on the floor, the 76ers recently lost games to the Hawks and Magic — they lost again to the Hawks on Wednesday — so they need to rediscover their form before the playoffs begin. Gregg Popovich hilariously addresses 63-second ejection with Nuggets coach, reporters The only way Popovich could have made a difference for the Spurs would be if he had suited up and started knocking down 3-pointers. San Antonio was dreadful from behind the arc, hitting only 5-of-27 attempts.Nikola Jokic scored 20 (with 11 boards and nine assists) to lead six players in double-figures for the Nuggets, who improved to 52-26. That leaves them only 1 1/2 games behind the idle Warriors for the No. 1 seed in the Western Conference. Denver has four games remaining, while Golden State has five.At the other end of the playoff field, the Spurs (45-34), dropped from seventh to eighth in the standings, a half game behind the idle Thunder. As the final week of the season plays out, those potential one-eight and two-seven first-round playoff matchups bear a close watch.Studs of the NightPistons center Andre Drummond narrowly missed another 20-20 game, scoring 28 and collecting 19 rebounds in a loss to the Pacers.Center Nikola Vucevic had 29 points and 13 rebounds in Orlando’s 114-100 win over the Knicks.Knicks forward Mario Hezonja scored 29 points and added nine rebounds in the loss to the Magic.Bulls guard Walt Lemon Jr. scored 24, had eight assists and won the game with two late free throws in a 115-114 victory over the Wizards.Portland wing Evan Turner came off the bench for a triple-double (13/12/11) in a 116-89 victory over the Grizzlies. Dud of the NightPacers guard Tyreke Evans hit only one of 13 shots and scored six points in a win against the Pistons.HighlightsJames Harden makes even difficult shots look easy, as he shows in this quick five-play clip.#TripleDoubleWatchJames Harden (19 PTS, 7 REB, 5 AST) paces the @HoustonRockets 1st half on @NBATV! #Rockets pic.twitter.com/P2R1rqcXxj— NBA (@NBA) April 4, 2019Karl-Anthony Towns drives the lane not once, but twice, for thunderous dunks in the first quarter against the Mavericks.KAT stuffs home a pair of emphatic slams to start the game! #AllEyesNorth📱💻: https://t.co/pZ0DhQTM5F pic.twitter.com/dGRMhyrdgh— NBA (@NBA) April 4, 201976ers forward Tobias Harris goes up strong to dunk, but Atlanta’s John Collins has other ideas. Both the Spurs and Nuggets entered Wednesday with a chance to improve their playoff seeding.Yet things went south for the Spurs just 63 seconds into the game when coach Gregg Popovich was ejected after picking up his second technical for arguing a call.