Lausanne Palace Recital with Beatrice Berrut, piano. Auditorio Reforma Recital with Jorge Viladoms, piano.
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Schloss Elmau Recital with Julien Libeer, piano. Rolando Villazon and guests Public recording of the broadcast. Festival international de Dinard Recital with David Bismuth, piano. Festival de Saintes Recital with David Bismuth, piano. Schouwburg Schubert-Quintet in C Major op. Salle Cortot Recital with Julien Libeer, piano.
Schostakovich Concerto n. Mairie du 15e arrondissement Haydn Concerto n.
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Philharmonie am Gasteig Recital with Julien Libeer, piano. Schloss Elmau www. Live recorded on Radio Classique. Victoria Hall Tchaikovsky Variations on a Rococo theme. Esplanade du Lac Tchaikovsky Variations on a Rococo theme. Fondation de Wolff www. Art et Musique www. Rosario, Works by Beethoven, Franck, Ginastera. Works by Beethoven, Franck, Ginastera www.
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Rencontres musicales de Clermont Works by Brahms and Mendelssohn. Rencontres musicales de Clermont Beethoven Sonata Nr. CharratMuse Works by Brahms and Mendelssohn. Jeudis Musicaux de Royan www. Copenhagen Summer Festival www. Festival Violon sur la ville www. Dvorak Concerto www. Festival Violon sur le sable Dvorak Concerto www. Festival de Radio France et Montpellier www.
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Works by Brahms, Schubert, Haydn www. Works by Casals, Cassado, Ysaye, Donatoni www. Works by N. Boulanger, L. Auerbach, L. Netzel www. Printemps Musical de Saint-Cosme www. Works by Rachmaninov and Kabalewsky www. De Bijloke Ostbelgienfestival www.
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Euroradio New Talent www3. Musica Poetica www. Festival Grand Air www. Halle du Triangle, 20h30 Festival Grand Air www. Eglise www. Festival de Bellerive www. Festival des Abbayes, 18h30 www. Johannes Brahms: Klaviertrio c-Moll, op. Brahms: Klaviertrio C-Dur, op. Smetana: Streichquartett e-Moll - P. Schloss Engers J. Klein: Streichtrio - D. It's been a very long week here.
I've refrained from posting details, after reading a few scary online stories about people who share too much on facebook, but John is finally home again after yet another heart surgery, and nine day hospital stay. The finer details still boggle my mind, but my understanding is that this cauterizing….
She is the patron saint of travelers, gardeners, cats, cat fanciers and against rats and mental illness. Saint Gertrude of Nivelles is the patron saint of cats and those who love them. As the Supreme Court said there is no easy answer to this question and it will have to await appraisal on another occasion.
The further appeal in the Uber case was heard by the Court of Appeal on 30 and 31 October. Will the judgment, when handed down, provide an answer? No doubt whichever way the judgment goes, the losing party will further appeal. Last year in Jones v Birds Eye , the employment tribunal reminded us that following the EAT decision in Moran v Ideal Cleaning , the number of agency workers potentially falling within the provisions of the Agency Workers Regulations was significantly lower than originally anticipated.
Following Moran , not all agency workers are protected; it is only those supplied to work temporarily. Those placed indefinitely meaning open-ended in duration are not placed 'temporarily' and are therefore outside the scope of the Agency Workers Regulations AWR. In both Moran and Jones the agency workers were found not to be temporary and so not covered by the AWR.
Conversely this year in Brooknight Guarding Ltd v Matei we have an example of an agency worker placed temporarily. The EAT agreed with the tribunal, that while a relief security guard mainly worked at one site, it was as a 'cover security guard'. Each 'as required' assignment was on a temporary rather than on a permanent or indefinite basis. In Kocur v Angard Staffing Solutions Ltd , an employer breached the AWR in providing an agency worker with fewer enhanced contractual days' holiday and shorter paid rest breaks than comparable permanent employees, despite the agency worker receiving a higher hourly wage.
The EAT rejected the defence that the agency worker's higher rate of pay offset his inferior holiday entitlement and rest breaks - the AWR require a term-by-term comparison not a package approach. For a part-time worker to establish less favourable treatment under the Part-Time Workers Prevention of Less Favourable Treatment Regulations PTW they need to identify an actual full-time worker comparator who is: employed by the same employer under the same type of contract and engaged in the same or broadly similar work having regard to level of qualification, skills and experience.
In Roddis v Sheffield Hallam University, the EAT considered what constitutes the 'same type of contract' for PTW purposes in the context of a claim by an employee working under a zero hours contract. The University argued that a lecturer's zero-hours contract was not the 'same type of contract' so he could not compare himself with a full-time lecturer on a permanent contract of employment.
A good academic try? Well no. The EAT had no trouble in rejecting this argument. It cannot be that a zero-hours contract of itself constitutes a different type of contract for the purposes of the PTW, since the consequence would be that an employee on a zero-hours contract would never be able to compare themselves to a full-time worker. Significant new provisions were introduced.
The changes included introducing co-workers' liability for victimisation with corresponding employer statutory vicarious liability. In November, the Court of Appeal in Timis and Sage v Osipov confirmed that an individual's personal liability for detriment which they cause to a whistleblower colleague can extend to liability for that colleague's dismissal.
Where a distinct prior detrimental act done by a co-worker results in the whistleblower's dismissal, the whistleblower can still recover compensation for losses flowing from the dismissal - a so-called 'dismissal consequent on detriment' claim. For there to be a qualifying disclosure under the whistleblowing legislation, there must be a disclosure of information, not a matter of opinion or an allegation.
In practice, information and allegations are often intertwined. In June, the Court of Appeal clarified that the question is whether the disclosure has "sufficient factual content and specificity" Kilraine v London Borough of Wandsworth. Common law vicarious liability is a principle of strict, no-fault liability for wrongs committed by another person.
In an employment relationship, an employer may be liable for the wrongs committed by an employee where there is a sufficient connection between those wrongs and the employee's employment.
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This is a very long-standing legal principle with the foundation of the 'modern' principle going back to Lloyd and Grace, Smith and Co. But have 21st century developments expanded its scope? Following a number of appellate level 21st century judgments, when considering whether an incident has sufficient connection with the employer, it is not merely a question of whether the employee was 'at work' in a strict sense.
Instead it is whether the employee was otherwise 'clothed in the employer's authority' or ''acting within the field of activities assigned to them'. For example, an employer was liable for a Managing Director's violent assault of a colleague at an impromptu post-Christmas work party after-party as the MD 'chose to wear his metaphorical managing director's hat' at the time of the incident. Another employer was vicariously liable for a data breach by a rogue employee as access to the data was within the field of activities assigned to him.
The fact that the rogue employee's actions were designed to harm the employer was irrelevant. In a single judgment, the Court of Appeal has effectively overturned the precedent value of numerous EAT judgments concerning the treatment of 'sleep-in' shifts for national minimum wage NMW purposes. Where a worker is required to work a number of 'sleep-in' night shifts at the employer's premises to be available in case of an occasional emergency but otherwise expected to sleep all or most of the shift , does the full night shift constitute 'working' for the purposes of the NMW?
The Court of Appeal has now answered this question ruling: "the only time that counts for NMW purposes [during sleep-in-shifts] is the time when the worker is required to be awake for the purpose of working". Quite simply the only time that counts for NMW purposes is the time when the worker is required to be awake and actually carrying out work.
Factors previously found to point towards NMW being payable for the entire sleep-in shift are now irrelevant. The sleep-in exception in the NMW Regulations applies to cases where "the essence of the arrangement is that the worker is expected to sleep". Turning to on-call time for Working Time Directive purposes, until this year Court of Justice of the European Union CJEU case-law has tended to focus on the worker's location during stand-by periods and whether it is at a place determined by the employer.
Early this year, in Ville de Nivelles v Matzak , the CJEU considered whether on-call time is 'working time' for fire-fighters on-call at home but with a duty to respond within eight minutes. The CJEU has held that such time is 'working time'. Perhaps a bit counterintuitively, this judgment still reaffirms the importance of proximity to the workplace. In this case, the obligation for the firefighters to remain physically present at the place determined by the employer their homes and the 'geographical and temporal constraints' resulting from the requirement to reach their place of work within eight minutes, limited the opportunities which the firefighters had to devote themselves to their personal and social interests.