first_img New Zealand Projects ArchDaily Architects: S3 Architects Year Completion year of this architecture project Photographs “COPY” Te Hana Farmhouse / S3 Architects CopyAbout this officeS3 Architects OfficeFollow#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesTe HanaHousesNew ZealandPublished on September 19, 2013Cite: “Te Hana Farmhouse / S3 Architects ” 19 Sep 2013. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Read commentsBrowse the CatalogPartitionsSkyfoldChoosing the Skyfold Wall for Your SpaceGlass3MGlass Finish – FASARA™ GeometricShower ColumnshansgroheShoulder ShowersPanels / Prefabricated AssembliesMorin Corp.Metal Wall Systems – ExposedStonesCosentinoSurfaces – Dekton® Stonika SeriesConcrete FloorsSikaIndustrial Floor CoatingsHanging LampsLouis PoulsenPendant Lights – KeglenDoorsSky-FrameInsulated Sliding Doors – Sky-Frame SlopeThermalSchöckMinimizing Thermal Bridges in BalconiesWindowspanoramah!®ah! Ultra MinimalistEnclosures / Double Skin FacadesAlucoilStructural Honeycomb Panels – LarcoreWork ChairsDynamobelWork Chair – SLAT 16More products »Read commentsSave世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream 2013 ShareFacebookTwitterPinterestWhatsappMailOr Clipboard ShareFacebookTwitterPinterestWhatsappMailOr Clipboardcenter_img Houses photographs:  Patrick ReynoldsPhotographs:   Patrick Reynolds, Courtesy of S3 Architects+ 29 Share CopyBuilders:Cook BrothersProject Team:Stephen Smith, Natalie Snowden, Justin TurnbullDesign Team:Natalie Snowden, Justin TurnbullDesign Architect:Stephen SmithCity:Te HanaCountry:New ZealandMore SpecsLess SpecsSave this picture!© Patrick ReynoldsRecommended ProductsEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornWoodBruagBalcony BalustradesDoorsRabel Aluminium SystemsMinimal Sliding Door – Rabel 62 Slim Super ThermalWoodGustafsWood Veneered Wall & Ceiling PanelsText description provided by the architects. The clients brief was for a family holiday home located within their large farm property. The preferred site was on a ridge line with expansive rural views. The site is exposed to strong winds and has predominantly southern views.Save this picture!Courtesy of S3 ArchitectsThe objective was to respond to the views while providing a sense of shelter from the elements. And a simple bold form was considered an appropriate response to the vast rural landscape. Save this picture!© Patrick ReynoldsThe spaces are organized around a central courtyard which provides an outdoor living space oriented for afternoon sun. While the courtyard provides physical protection, visual connections to landscapes beyond have been created in all directions. Year:  Te Hana Farmhouse / S3 ArchitectsSave this projectSaveTe Hana Farmhouse / S3 ArchitectsSave this picture!© Patrick ReynoldsHouses•Te Hana, New Zealand Save this picture!© Patrick ReynoldsAlternative outdoor living spaces were located on the south and east sides of the house to allow for use at different times of the day and to suit the wind direction. From the inside the feeling of shelter is enhanced by deeply recessing the glazing line of all large openings into the building form creating large overhangs. Save this picture!© Patrick ReynoldsThe site slopes away steeply on both sides of the ridge leaving a narrow strip to build on. Geotechnical constraints prevented any building load being placed near the top of the northern slope further restricting the building platform. The spatial programme was achieved within a small footprint by cantilevering some spaces out over the unstable ground.Save this picture!© Patrick ReynoldsThe brief required the main living space to have a good volume. The site has a gentle slope in the direction of entry so we set a constant ceiling level and stepped the floors down through four levels. Starting with the entry space, being compressed, you circulate down around the periphery of the courtyard through a hierarchy of volumes that relates to the space function and plan size, ending with entry into the main living room.Save this picture!© Patrick ReynoldsThe site was very challenging but with the clients ongoing commitment we feel that we have achieved their objectives totally with a simple and elegant built form.Save this picture!ElevationProject gallerySee allShow less2013 PARK(ing) Day MapArchitecture NewsNew Town Hall in Pizarra / Colmenares Vilata AquitectosSelected Projects Share Year:  2013 “COPY”last_img read more

first_imgMOVE 9 members Janet Holloway Africa and Janine Phillips Africa, who were recently released after spending nearly 41 years in prison, held a historic press conference in Philadelphia on May 30. They were joined by MOVE members Consuwella Dotson Africa, Carlos Africa and Sue Levino Africa who all served shorter terms following the police assault on their home on Aug. 8, 1978.Janine Africa, Pam Africa and Janet Africa speak at May 30 press conference in Philadelphia.Pam Africa, minister of confrontation for the MOVE organization, chaired the impressive panel.  Ramona Africa, the sole survivor of the state’s bombing of the second MOVE home on May 13, 1985, made her first public appearance following a prolonged, debilitating illness.  Celebration of her birthday will be held here on June 8.The press conference marked the first time in over 40 years that several of the MOVE members involved in the 1978 confrontation with Philadelphia police appeared together in public. MOVE 9 members Debbie Sims Africa and Michael Davis Africa Sr., released in 2018, were unable to attend because of arbitrary parole restrictions that prevent them from being with other MOVE members. The event was held at the storefront office of the Philadelphia Student Union.  The director, Julien Terrell, welcomed the elder freedom fighters as important examples for students currently involved in education and social justice struggles.Janine Africa and Janet Africa opened the press conference by urging people to continue the fight to release the three remaining MOVE 9 members.  Edward Goodman Africa was granted parole on April 1, but has yet to be released. Chuck Sims Africa and Delbert Orr Africa are still being denied parole. Janine Africa stated: “Delbert has always been singled out since police badly beat him following the 1978 confrontation.  His most recent appeal for parole was to be heard after six months, but it’s now eight months with no response. If this government had its way, we would still be in jail.  They planned for us to die there. But we won’t celebrate until we bring our brothers home.” MOVE 9 members Merle Austin Africa and Phil Africa died in prison.Both women stressed how important their MOVE family and beliefs in the writings of MOVE founder John Africa were in helping them survive decades of imprisonment, including three years in solitary confinement. Ramona Africa — imprisoned for seven years following the deadly Philadelphia police bombing of the MOVE house on May 13 1985 — echoed these sentiments. “This system has worked hard to break us up,” Ramona said. “They tried to get me, Consuwella, Carlos and Sue to agree to the stipulation that if we did not associate with MOVE we could come out earlier, but none of us agreed to compromise.”Resistance to brutal prison conditionsThe women described the brutal conditions they were subjected to in SCI Muncy women’s prison following their arrests in 1978.  They were initially put into “the hole” — solitary confinement -– and told by then Head of Security Edward Bennett that they would remain there for the duration of their 30- to 100-year sentences. “A large guard punched me in the chest and knocked me across the cell,” Janet Africa, when describing conditions. “They took our clothes, didn’t feed us, kept the lights on 24/7 and kept us in the hole for three years.”“They thought they could break us.  They don’t see women as strong, but they were wrong,” said Sue Levino Africa. “We did 50 days of a hunger strike, exercising throughout and going without even water the last few days.  They even sent me to a men’s prison to try to stop us, but we ended up breaking Ed Bennett’s back.” Carlos Africa described how in December 1981, he and MOVE 9 men were attacked by prison guards who used water hoses, night sticks, ice picks and even baseball bats:  “We survived the beatings. We fought because they had attacked our sisters at the women’s house of corrections.”Both women maintain their innocence in the death of Philadelphia Police Officer James Ramp. He was shot in the back of the head by “friendly fire.”  Ramona Africa stated that when Ed Bennett saw her in the yard at Muncy before her release, he said, “We know you all didn’t kill that cop.”All the MOVE speakers recounted the painful impact of learning about the brutal deaths of 11 family members, including some of their own children, while in prison, when police bombed the MOVE house in May, 1985.An audio statement from political prisoner Mumia Abu-Jamal, welcoming the women’s release, was played. Janine Africa stated: “Mumia is imprisoned because of his stance in support of MOVE.  He spoke the truth. One of the last things he did before police shot him was to call into a radio show to challenge Judge Edward Malmed who convicted us. Mumia told him, ‘You sent nine people to jail, but you admit you don’t know who killed Ramp.’ ”‘Political climate worse today’When asked to compare the political climate in the 1970s to today, both women responded that things are worse now than when they were imprisoned.  Janine Africa noted: “Forty years ago there was no progress, no freedom of speech -– unless you said what they wanted -– but the system was more diplomatic and covered things up.  They aren’t covering it up any more. Police shoot people in the streets and nothing is done.”Janet Africa added: “The system has degenerated, but there is a lot of technology now so that we can see things happen in the open.  Yet even with all these cameras, all these pictures, all these situations with brothers and sisters being shot down in cold blood by cops, they still try to tell us that didn’t happen.”“The political climate is bad, but don’t be discouraged,” concluded Janine Africa. “The power of the people is a mighty force.  It’s what got Mumia off death row and it’s what got us here today.”FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

first_img Purdue Ag Week Bringing Campus Together Audio Player Up/Down Arrow keys to increase or decrease volume.Purdue Ag Week is taking place this week and is celebrating 10 years. Bennett Walther is a Purdue senior studying ag econ with minors in animal science and farm management and the president of the Purdue Ag Week task force this year. He explains the goal of Purdue Ag Week.“For those of you that have been to Purdue, you know we kind of have two separate areas of campus. We have the ag side, and we have the other side. The goal of Purdue Ag Week was to bring agriculture to the other side of campus to those individuals in the engineering school, the sciences school, to kind of not only educate them on agriculture, but kind of celebrate agriculture as a community and as an entire campus.”The Purdue Dairy Club had a cow out on Memorial Mall on Milk Monday and the task force is collecting canned foods all week to help “Hammer Down Hunger”. For the rest of the week, Walther says, “We will be doing some sponsorship stuff, working with some of the major, large companies in agriculture. So, your John Deere’s, Bane Welker’s, Case, stuff like and kind of highlight them.“Thursday, we focus on meat production. We call it ‘Burger Bash’, so we talk about the meat production, the livestock side of things, and then we actually hand out about 1,000 free hamburgers to students on campus. Friday, we have it’s affectionately called Fry-day where we typically pass out fries, but this year with COVID safety we are actually passing out bags of prepackaged chips.Walther, who grew up on a livestock farm, says Thursday’s Burger Bash is his favorite day of Ag Week.You can learn more about Purdue Ag Week here. Facebook Twitter SHARE Facebook Twitter Home Indiana Agriculture News Purdue Ag Week Bringing Campus Together SHARE By Eric Pfeiffer – Apr 13, 2021 Previous articleFertilizer Costs Shape Crop Production ExpensesNext articleSoybeans Could Play Key Role in American Jobs Plan Eric Pfeifferlast_img read more

first_img Reporters Without Borders today condemned the action of the Honduran College of Journalists (CPH) in reporting 43 people to the authorities for working as journalists without belonging to a professional association. The CPH said it also suspected them of using their positions as journalists to get advertising contracts and derive other benefits.“The CPH is confusing two issues,” Reporters Without Borders said. “That some journalists use their profession for questionable ends is already established and deserves to be condemned. But what guarantee does membership of a professional association offer against such behaviour? And conversely, in what way does non-membership of such a group prevent one from working honestly as a journalist?The press freedom organisation added: “Aside from the issue of journalists informing on other journalists, we object to a corporatist definition of journalism as it is contrary to freedom of expression and information.”In the view of CPH president Juan Ramón Mairena, there has been an “alarming” increase in the illegal practice of journalism, “largely sustained by the profits which the usurping journalists get from advertising contracts, some of them with the state.”Mairena filed a petition with the Honduran court of accounting on 11 May proposing that “for every advertising contract with a news or opinion outlet, a certificate of professional membership and a certificate of solvency issued by the CPH treasurer should be presented in advance.”According to the Honduran Committee for Free Expression (C-Libre), the following day Mairena gave state prosecutor Jari Dixon the names of 43 alleged “usurpers.” The list included people studying journalism at state and private universities, police officers and even a retired army officer.The CPH petition violates the Organisation of American States convention on free expression, which says membership of a professional body should be optional for journalists. The same principle is upheld in the Declaration of Chapultepec, which the Inter-American Press Association issued on 11 March 1994.The CPH and the Association of the Honduran Press (APH) are the two main journalists’ unions in Honduras. There is also the Union of Workers in Press, Printing and Similar Trades (Sitinpres). Some independent, academic and community journalists refuse to join any of the associations. News Follow the news on Honduras RSF’s 2020 Round-up: 50 journalists killed, two-thirds in countries “at peace” RSF_en Organisation HondurasAmericas Reports May 13, 2021 Find out more Receive email alerts to go furthercenter_img Help by sharing this information 2011-2020: A study of journalist murders in Latin America confirms the importance of strengthening protection policies May 19, 2006 – Updated on January 20, 2016 College reports 43 journalists for not joining professional associations News RSF begins research into mechanisms for protecting journalists in Latin America News April 27, 2021 Find out more HondurasAmericas December 28, 2020 Find out morelast_img read more

first_imgTop StoriesPunjab & Haryana HC Sets Aside Moratorium Imposed By Bar Council Of India On Opening Of New Law Colleges LIVELAW NEWS NETWORK23 Dec 2020 1:51 AMShare This – x”BCI should seriously dilate on the issue of maintaining standard of legal education”The Punjab and Haryana High Court has set aside the three-year moratorium imposed by the Bar Council of India (BCI) on opening of new law colleges as ultra vires the Indian Constitution. A Single Bench of Justice Rekha Mittal, in a verdict rendered on 4th December 2020, held that the BCI cannot impose a complete ban on opening of new law colleges, under the pretext of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Punjab and Haryana High Court has set aside the three-year moratorium imposed by the Bar Council of India (BCI) on opening of new law colleges as ultra vires the Indian Constitution. A Single Bench of Justice Rekha Mittal, in a verdict rendered on 4th December 2020, held that the BCI cannot impose a complete ban on opening of new law colleges, under the pretext of regulating Legal Education. “No doubt, the BCI can issue guidelines/circulars etc. and press for compliance thereof as well as 2008 Rules either at the grant of approval to a New College or adherence thereof by the Colleges/Institutes for Legal Education already existing throughout the country but under that pretext it can not impose a complete ban on opening of New Institutes for imparting Legal Education,” the order states. Background The Court was hearing a writ petition filed by the Chandigarh Education Society, asking the Court to allow them to establish a new law college namely, ‘Chandigarh Law College’. They further sought directions from the Court to declare the moratorium imposed by the Bar Council of India as violative of their fundamental right to practice any profession, or to carry any occupation, trade or business, under Article 19(1)(g) of the Indian Constitution. The petitioners submitted before the Court that they had purchased land for establishing the Law College on 15.1.2018. They further stated that they aimed at starting a new college with intake of 240 students from academic session 2020-21. They also obtained a Land Use Change report (CLU), started the construction of infrastructure, and obtained affiliation from Punjabi University and a No Objection Certificate from the State Government. But, the BCI has still not granted them the necessary permission under the Legal Education Rules, 2008 to establish the law college. The petitioner argued with vigour that the BCI had no power under Section 7(1)(h) of the Advocates Act, 1961 to ban new law colleges from being established. The petitioner contended that this Section only empowers the Council to lay down the standard of education that the law colleges have to adhere to. The Counsel for the petitioner further stated, “on one hand, BCI is not processing application of society but at the same time, the BCI made demand for deposit of money even during pendency of petition” The Counsel for the Respondents argued that the moratorium was only imposed in the interest of improving the standards of the existing legal education institutes. The Counsel further stated, “running of educational institutions can legally be regularized by way of rules/notifications/guidelines and circulars etc.” Findings The Court observed that the Council had failed to mention any provision of the Advocates Act which empowers it to impose a complete ban on the establishment of any new legal education institute. The Court also noted that the Council had failed to point out any law institute that had been shut down till date for non-adherence to the prescribed standard of Legal Education or circulars issued by the BCI. “If the existing Centers of Legal Education/Law Colleges/Law Institutes have failed to comply with the guidelines and circulars issued by the BCI or BCI has failed to ensure compliance thereof by getting timely inspection reports or scheduled information etc., the BCI cannot justify its failure to ensure maintenance of standards of Legal Education by imposing complete ban on setting up of New Law Colleges, in violation of fundamental right under Article 19 (1) (g) of the Constitution of India that deals with right of citizens to practice any profession, or to carry any occupation, trade or business,” held the Court. Reliance was placed on TMA Pai Foundation v. State of Karnataka where it was held that establishing an educational institution is a fundamental right. The Court expressed that the BCI had the authority to issue any circulars or guidelines to ensure that the law institutes or centres of legal education are adhering to certain standards, but it does not have the right to impose a complete ban on opening of new institutes for imparting legal education. Coming to the case at hand, the Court directed the BCI to take a decision on the application submitted by the Petitioner post-haste, preferably within a period of three months. Before parting, Justice Mittal remarked, “I would like to express that the BCI should seriously dilate on the issue of maintaining standard of legal education. Many new entrants in legal profession are not up to the mark in drafting of petitions or assisting the Court. Some of them are not confident enough to speak court language. The BCI may take steps to ensure practical training to Law students in its real meaning and sense. It may also examine of creating a portal or/and nodal agency to ensure compliance of BCI instructions, guidelines, 2008 Rules etc. by the centres of legal education.” Case Title: Chandigarh Educational Society v. Bar Council of India & Ors. Click Here To Download Order Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

first_img Facebook Buncrana Pier Tragedy mother hopes inquest is over soon Homepage BannerNews Twitter Twitter Important message for people attending LUH’s INR clinic Facebook Pinterest Google+ News, Sport and Obituaries on Monday May 24th Loganair’s new Derry – Liverpool air service takes off from CODA Harps come back to win in Waterford center_img Google+ By News Highland – November 22, 2017 Pinterest RELATED ARTICLESMORE FROM AUTHOR DL Debate – 24/05/21 Previous articleFormer Tanaiste describes Lord Kilclooneys comments on Donegal as nonsenseNext article€50,000 sanctioned for Gweebarra football club News Highland Arranmore progress and potential flagged as population grows An inquest opens into the Buncrana Pier Tragedy this morning – which killed five members of a family from Derry.Sean McGrotty – his two sons, Mark and Evan – his partner’s mother Ruth Daniels and her daughter, Jodie Lee died in March last year.Their car slid from the slipway into Lough Swilly.Sean’s baby daughter – Rioghnach-Ann was the only survivor.His partner, Louise James has shared this message through Parish Priest, Father Paddy O’Kane:Audio Player Up/Down Arrow keys to increase or decrease volume. WhatsApp WhatsApplast_img read more

first_imgPolice Handout (TOPEKA, Kan.) — A man who spent 17 years in prison for crimes committed by a lookalike has been awarded a $1.1 million settlement by the state of Kansas.Kansas Attorney General Derek Schmidt announced Wednesday that he had agreed to a resolution with Richard Jones, who was imprisoned in 2000 for an aggravated robbery he did not commit.Jones was convicted of trying to steal a purse in the parking lot of a WalMart in Roeland Park, Kansas, in 1999. There was no physical evidence, DNA or fingerprints that linked him to the crime, and he had an alibi — he was at his girlfriend’s home in Kansas City.But two eyewitnesses misidentified him, telling police that either a light-skinned Hispanic or African-American man committed the crime and picking him out of six mugshots.He was released last year after the Midwest Innocence Project and the University of Kansas School of Law helped uncover the wrongful conviction. A judge ordered him released after witnesses, including the robbery victim, could not tell him and another inmate in the system, Ricky Amos, apart.Amos and Jones are close in age, have similar skin tone, the same facial hair and cornrows. Amos has denied any involvement in the crime and will not be prosecuted since the statute of limitations on the crime have expired.“I hoped and prayed every day for this day to come, and when it finally got here it was an overwhelming feeling,” Jones told ABC News last year.John Cowles, the original prosecutor on the case who is now a criminal defense attorney, told ABC News last year that Jones’ conviction was based “solely on eyewitness identification.”“I realized that we had very unfortunately convicted the wrong man,” Cowles said. “We spoke at the hearing and he was appreciative and I wished him luck.”Jones’ case was the first to be resolved under a new mistaken-conviction statute that went into effect earlier this year, according to the attorney general’s office. Two other people have filed mistaken-conviction lawsuits.In addition to compensation, Jones was granted a certificate of innocence, counseling, permission to participate in the state health care benefits program for plan years 2019 and 2020, and records of his arrest and conviction were ordered expunged and any biological samples associated with his mistaken conviction are ordered destroyed, according to the attorney general’s office.“We are committed to faithfully administering the new mistaken-conviction statute the legislature enacted,” Schmidt said. “In this case, it was possible on the existing record to resolve all issues quickly, satisfy all of the statute’s requirements, and agree to this outcome so Mr. Jones can receive the benefits to which he is entitled by law because he was mistakenly convicted.” Copyright © 2018, ABC Radio. All rights reserved.last_img read more

first_imgToa55/iStockBY: WILLIAM MANSELL, ABC NEWS(DENVER) — A couple married for 68 years who wanted to stay with their dream home adjacent to Rocky Mountain National Park died this week in the East Troublesome Fire after refusing evacuation help from friends, family and local authorities, according to the Grand County Sheriff’s Office.Lyle and Marylin Hileman, ages 86 and 84, were last heard from on Wednesday when their son, Glenn Hileman, spoke with them over the phone.Hileman, in a note to ABC News, said his parents called him to say, “it’s here … the entire valley is on fire.” The couple said they were going to take their chances in the basement and that he should call his siblings.“They were calm, resolute and adamant – they would not leave,” Hileman said.After calling his siblings to tell them the news, Hileman said he tried to contact his parents again but was unsuccessful.A friend and local safety officials, according to the family, drove through roadblocks in an effort to rescue the couple, but all offers to leave were refused. “Their only desire was to be together in the home they loved,” the family said in a statement.Their bodies were found Friday.“To the Hileman family: I’m extremely sorry for your loss. Every family is important, and your family is just as important. Please know that our rescuers and responders – your friends, family and neighbors – did everything possible this evening to save your family,” Grand County Sheriff Brett Schroetlin said at a press conference Friday.The couple, married as teenagers in 1952, bought the property “with everything they had” in the 70s with a vision of developing the land.The family said Lyle and Marylin Hileman made it their “life-long mission” to make their property at Grand Lake “heaven on Earth,” where anyone was welcome, according to a statement from the family.“They were together and calm. There is no other way they would’ve preferred to leave this life and certainly nowhere else they would have selected as a final resting place,” Hileman told ABC News. “They will be deeply missed by all who knew them. We consider the property sacred and Grand Lake to be a magical wonderland.”The East Troublesome fire exploded by more than 100,000 acres Wednesday, forcing widespread evacuations. It has burned more than 186,000 acres and is only 4% contained.There are no other missing persons from the fire, according to Schroetlin.Copyright © 2020, ABC Audio. All rights reserved.last_img read more

first_img Previous Article Next Article The EAT’s clarification of “disability” definition underdiscrimination Act puts employers in tribunal spotlightThe Employment Appeal Tribunal has given further guidance on the definitionof disability under the Disability Discrimination Act 1995, following theGoodwin v The Patent Office case, which had said tribunals should adopt a morepurposive approach to the meaning of disability. In Vicary v British Telecommunications, the EAT stressed that it is for thetribunals themselves, looking at all the evidence to decide whether or not anapplicant is disabled under the Act. Under section 1(1) of the Act, a person has a disability if they have”a physical or mental impairment which has a substantial and long-termadverse affect on their ability to carry out normal day-to-dayactivities”.While medical evidence is obviously relevant to part of the definition – thequestion of whether there is a physical or mental impairment – the EATemphasised that it is not for a doctor to define a “normal day-to-dayactivity, or to decide if the impairment was or was not “substantial”.Facts of the caseVicary claimed disability discrimination by her employer. She was employedas a clerical officer and had a condition which meant she lost strength in herarms. BT denied she was disabled within the Act. Despite finding that she wasunable to do heavy shopping, carry briefcases or undertake cooking activities,the tribunal held that her impairment did not have a “substantial adverseeffect” because she could use both hands to an extent. The tribunal focused on the functions she could perform and suggested shecould reasonably be expected to modify her behaviour to overcome, for example,her inability to open jars by using an electric tin opener which would meanthere was no substantial effect on those activities. It also took into account the employer’s doctor’s opinion that there was animpairment but the impairment was not “substantial” under the meaningof the Act. Vicary appealed. The EAT held that she was disabled. It said tribunals should concentrate onthe tasks an applicant cannot perform and that, in this case, the tribunalshould not have considered whether Vicary could reasonably be expected tomodify her behaviour to lessen the impact of her impairment. The fact that aperson can mitigate the effect of their disability does not mean they are notdisabled within the Act.ImplicationsThe cases of Goodwin and Vicary suggest a concern by the EAT that tribunalswere interpreting the definition of disability too restrictively and relied toomuch on medical evidence. In Vicary the EAT held that the tribunal’s decisionwas flawed because it had, in effect, delegated its decision-making to thedoctor. For employers, it is useful to have the clarification because tribunalapproaches to the issue have differed. It is likely that these cases will meanmore applicants will be able to satisfy the test of disability so that,increasingly, the focus will be on the treatment of the applicant by theemployer and, where there has been less favourable treatment, if that treatmentcan be justified. Employers should therefore be prepared to give clear evidence as to reasonsfor the treatment of a disabled employee and attempts to make reasonableadjustments where appropriate. Sarah Lamont is a partner in the employment department of Bevan Ashfordsolicitors Related posts:No related photos. Employers exposed to wider ‘disability’ netOn 25 Jan 2000 in Personnel Today Comments are closed. last_img read more

first_imgRelated posts:No related photos. Sickness absence because of low back pain can be in part theresult of low job satisfaction. There were also some indications of a relation between lowsocial support, either from supervisors or co-workers, and sickness absencebecause of low back pain. Previous Article Next Article Comments are closed. A team from the Vrije Universiteit Medical Centre inAmsterdam examined 732 to see whether physical and psychosocial loads at workinfluenced sickness absence because of low back pain. Occupational and Environmental Medicine 2002;59:309-322 It found that flexion and rotation of the trunk, lifting andlow job satisfaction were all risk factors for sickness absence because of lowback pain. Back pain and job satisfactionOn 1 Jul 2002 in Personnel Todaylast_img read more