Lesson 12

17/11/07 Lesson 12
From ILE text book:
pp. Introduction to employment law ex. 2, 3, 4
pp. 108-109 EU directives on employment ex. 8, 9

Language notes to Reading 1
Trade unions =
Redundancy dismissal =
Unfair dismissal =
Collective bargaining =
Picketing =
Lockouts =
Strikes =
Render a decision =
Unlawful =
Holiday entitlement =


Language notes to Reading 2
To outlaw =
Domestic legislation =
On the grounds of =
To envisage =
To enshrine = vt [V+D(+in+IN)] spec passivo conservare gelosamente, custodire, racchiudere, serbare; the right to work is enshrined in the constitution il diritto al lavoro è racchiuso nella costituzione.
Parental leave=
Artificial hurdles
Hurdles = ostacolo, intralcio, difficoltà He will face many hurdles before reaching his goal
So much legislation in the pipeline=
Claimant =

Language notes to reading 3
Discriminatory culture= when discrimination is present throughout the firm. It is an environment in which certain people or groups are favoured over others.
A senior equity partner is one of the partners, in a partnership such as a law firm, who has the largest ownership interests
Aggravated damages = are special damages awarded by a court to a malicious conduct, such as attempting to humiliate a plaintiff.
to allege to claim = asserire, dichiarare, affermare, supporre; accusare (senza prove) he alleges that I embezzled the company funds = Mi accusa di essermi appropriato dei fondi della società;
a landmark case = generally deals with an important issue and marks a stage in the development of the law in a specific area.

Language notes to reading 4
Cross examination = is the process where each party’s witnesses questions.
Arbitration and conciliation = are both types of alternative dispute resolution.
Conciliation is less formal and is a form of mediation: it simply involves bringing the two disputing sides together to try to resolve their differences. The two sides agree a legally binding conciliation agreement.
Arbitration is more closely associated with claims such as unfair dismissal and the decision (the arbitral award, which is also legally binding) is made by an arbitrator rather than by the parties themselves. For full details, see http://www.acas.org.uk/services/disputes_individual_employer.html.

to uphold = pt e pp upheld vt [V+D] 1 (= to abandon) difendere, sostenere, appoggiare, sorreggere; to uphold the law difendere la legge, fare rispettare la legge; to uphold sb’s rights difendere i diritti di qn; to uphold a system of government appoggiare un sistema di governo; they promised to uphold the principles of the association promisero di sostenere i principi dell’associazione; (+ to reverse/to change, leg) confermare, ribadire; her sentence was upheld on appeal a sua condanna fu confermata in appello.
Reinstatement = n U (form) 1 reintegrazione, riassunzione, reinserimento. The reinstatement of sacked workers la reintegrazione di lavoratori licenziati; 2 ripristinamento, ripristino; the reinstatement of a tax il ripristino di un’imposta; 3 (assic) reintegrazione, riadeguamento.
Reinstatement vs re-engagement = the first involves re-employing an employee in their previous position, while the second means simply re-employing them, perhaps in a different position.

Inquisitorial vs adversial = the first is used in civil law, it involves many questions and the aim is to reach the truth; the second is used in common law. It puts the two parties in competition with each other. It can often seem that the aim is to beat the other party by using better techniques rather than reach the truth.