The Executive further agrees that if any part of the agreements set forth in this Agreement or its application is construed as invalid or unenforceable, then the remainder of the Agreement or Agreements shall be in full force and effect without regard to any invalid or unenforceable portions thereof. But some redundancy phrases are so common that you might as well point them out. Today I talked to a friend about power and effect. I then checked EDGAR and found that the phrase appeared in 2,991 "substantive contracts" filed last month. This makes power and effect an integral part of the contractual landscape. Garner`s Dictionary of Legal Usage says it has "become part of the legal idiom." 11. Governing Law; Divisibility. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the court shall have the authority to modify, amend, or alter such provision(s) to make the Agreement legal and enforceable. If this Agreement cannot be modified to be enforceable, except for the general disclaimer, this provision will immediately become null and void, so that the remainder of this Agreement will remain in full force and effect. If the general wording of the release is found to be illegal or unenforceable, the Board member agrees to make an appropriate binding replacement release or, at the request of the Company, to return amounts paid under this Agreement. The protesters went into effect when the president arrived in Stockholm. "Power and effect." Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/force%20and%20effect.

Retrieved 11 October 2022. If for any reason any provision of this Agreement or part of a provision is held to be invalid, . and each of such other provisions and parts thereof shall remain in full force and effect in accordance with the law. Garner suggests that "the emphasis on force and effect may justify the use of the term, in drafting (treaties and statutes) rather than in court opinions." But this ignores the nature of contract language – it serves to convince anyone of anything, so this kind of emphasis has no place in a contract. This warranty will remain in full force until .. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action to enforce or violate this Agreement shall be subject to the exclusive jurisdiction of the Circuit Court located in and for Palm Beach County, Florida.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable and cannot be modified to be enforceable, except for the general release provision, that provision shall immediately become null and void, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that this Agreement is the result of negotiations and agree that it shall not be construed against any party on the basis of sole authorship. The parties agree that in any dispute relating to this Agreement (as determined by the competent court(s)), the prevailing party shall be entitled to recover its reasonable attorneys` fees and related costs, including attorneys` fees and costs associated with an appeal. Appropriate force is the degree of violence that is appropriate and not excessive to defend one`s person or property. A person who uses such force has the right to do so and is not criminally or civilly responsible for the conduct. and each of the agreements and obligations contained in the loan agreement and other loan documents is hereby affirmed with the same force and effect as if each had been separately set forth herein and entered into as of the date of this agreement; But the ubiquity of the phrase cannot hide the fact that you`d better get rid of violence and/or full force, as the case may be. 5. Agreement in force and in full effect. Unless expressly modified by this Second Amendment, the terms of the Agreement shall remain in full force and effect, and the Agreement as modified by this Amendment and all of its terms, including, but not limited to, warranties and representations, are hereby ratified and confirmed by the Trust and Daylight Saving Time from the Effective Date.

The expression is used without force or effect and with the same force and effect, but more often than not, you see it in full force and effect.

In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

Lore Vs Law Nz

The worrying conundrum here is the sense in which these various forces operate against other “forces” that are deplored as now one or more alternative models of “order”. These other models are then formulated in the form of a sense of “disorder” by not conforming to the preferred form of order that attempts to impose on them – whether it is claimed that they have been “legitimately” defined nationally or internationally. As a strange addition to these high-profile manifestations of “homophobia,” it is curious to note the recognition of a “homophonic” phenomenon – famous as the “tradition and order” pronunciation of “law and order.” As Janet Holmes (An Introduction to Sociolinguistics, 2001) has noted, in radio and television, Lore and Order replaces Law and Order in the discourse of all advertisers (p. 342). Related homophonic arguments have been made about a possible confusing “terrorists” and “terrarists” (War against Terra, 2002; Tom Engelhardt, Terracide and the Terrarists: destroy the planet for record profits, Transcend Media Service, May 27, 2013). A brief overview might accept that the current use of “law”, “order”, “violence” and “tradition” in relation to conflict may well be considered relatively undeveloped and immature for the future – characterized by cycles of circular argumentation, blame and blame in a culture of vicious circles (Dysfunctional Cycles and Spirals: web resources on “breaking the cycle”, 2002). As a result, the approach to physics can be considered completely detached from the reality of experience. However, both areas can lend themselves to a fruitful confrontation. There is a certain similarity in the sense that there are political aspirations to varying degrees and styles of order is easily obscured. The confrontation between the growth-obsessed “capitalist” mainstream and various “alternatives” could be fruitfully examined from this perspective, as discussed separately (All Blacks de Davos vs All Greens of Porto Alegre: Reraming global strategic discord through polyphony? 2007). The musical metaphor is consistent with Henry David Thoreau`s oft-quoted saying: Together, they imply the need for a more radical consideration of how “law,” “order,” “violence,” and “tradition” appear, support, and embody. Douglas Hofstadter`s arguments in favor of self-reference are particularly relevant to the degree of cognitive mirror in taking into account such possibilities (I Am a Strange Loop, 2007), as discussed separately (Sustaining a Community of Strange Loops: comprehension and engagement through aesthetic ring transformation, 2010). This is particularly relevant to any speculative process by which the future order is imagined and contemplated (Conscious Self-reflexive Global Initiatives: Renaissance zones, complex adaptive systems, and third order organizations, 2007).

Jane Caputi. The New Founding Fathers: The Tradition and Temptation of the Serial Killer in Contemporary Culture. Journal of American Culture, 13, 1990, 3, pp. 1-12 [abstract] Tikanga, or social tradition within Maori culture, can be described as codes of conduct for living and interacting with others. Tikanga is usually based on experiences and learnings that have been passed down from generation to generation and are also deeply rooted in logic and common sense. Although the concepts of tikanga are constant, their practice can vary between iwi and hapū. For example, the way one hapū welcomes and greets manuhiri (visitors) may differ from how another hapū welcomes its manuhiri. However, both will ensure that they fulfill their manaakitanga (hospitality) responsibility to welcome and care for their visitors. Ongoing conflicts may well be better framed by recognizing the role of “tribal tradition” (or “religious tradition”) in inspiring and empowering them in different ways – each trying to maintain and defend the “tradition” as it conceives it, especially out of respect for its tradition. The argument also applies to groups that advocate “alternatives” (Green lore now treated as gospel, CathNews, January 22, 2007). Understood in this way, concern about endangered forms of order could be expressed, as could concern about endangered languages and species. What “force” should be considered appropriate to ensure their “safety”? Especially since the cultural associations of the mental landscapes distinguished above from Magoroh Maruyama make it clear, they are distributed differently by a world civilization.

This recognition is a theme of the work of Geert Hofstede (Culture`s Consequences: international differences in work-related values, 1984). The prejudices distinguished by W. T. Jones (see above) indicate the presence of all in all cultures, to whatever extent. What has been explored less systematically are the interfaces and transformation between forms of order – as metaphorically suggested by the relationship between different forms of water, with which most are familiar through weather and cuisine. All these allusions imply a sense of “domination of tradition”, however frowned upon that may be. This underscores the importance of recognizing the strategic coherence offered by “tribal history” – which Western coalitions desperately face in arenas like Afghanistan. The failure of many Western countries to effectively address gang traditions in their own disadvantaged communities underscores the challenge (Teenagers ruled by vicious gang lore, London Evening Standard, 25 April 2002). The Thai term for the rule of law is “Luck Nititham,” which implies a legal imperative based on a sense of justice and virtue – a term not easy to understand in a concrete sense. So there is a kind of mythification of the concept as the pivot of our society, when in reality it is imbued with general misunderstanding rather than understanding.

This mythification dilutes the effect of the concept of the rule of law, precisely because the distance between people and the concept itself is often extreme – and this gap leads to what can be called the rule of tradition. [emphasis added] Some people and places are still Tapu, but for others, their Tapu status might be shorter. For example, a Rangatira (chef or chief) is always Tapu and there are aspects of tradition that determine the daily interactions with the chief. Similarly, Tohunga Whakairo (sculpture experts) are extremely tapu due to the nature of their work. They should not be approached when the sculpture and food cannot be eaten near the sculptures. The practical reasons are that the Tohunga Whakairo focuses on the work and ensures that no mistakes are made when carving. In addition to Tohunga Whakairo as Tapu are also the materials they work with; Waste, such as chips, is not thrown away or used in fires. It should be noted that in New Zealand, the Maori King movement of the 1850s sought to establish a monarchy aimed at achieving unity among all regions of the islands, thereby weakening the British potential to “divide and rule”. This was seen as a step towards establishing Maori tradition and order. At the heart of this tradition and the order it has produced in Maori culture is the Polynesian understanding of Tapu – one of the strongest strengths of Maori life and Maori spirituality.

It can be interpreted as “sacred”, as a “spiritual restriction” or an “implicit prohibition” – that is, with rules and prohibitions, therefore “taboo”. The media report daily on the encounters between different forces that usually clash with extreme violence. Without being contradicted, reference is made to the actions of “law enforcement agencies”. Little attention is paid to the possibility that these – under the guise of simplistic principle – could be used to suppress alternative interpretations of “order”, or any impression that they might require protection of “security forces” of some kind. This understanding may well be shaped by a sense of traditional values and traditions. This pattern has manifested itself, for example, in the confrontation between Western forces and Afghanistan`s tribal cultures. Introduction Varieties of order as a mutually difficult arrangement Varieties of law as a mutually contestable arrangement Psychosocial implications: “disorder” or “other drummer” Lore vs.

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