Services Ltd Research Articles

“Lifestyle Equities CV and another v. Amazon UK Services Ltd and others”

“Lifestyle Equities CV and another v. Amazon UK Services Ltd and others”

Zedra Fiduciary Services (UK) Ltd v Attorney General: the contemporary Scope of the Statutory Cy‐près Doctrine

Historically, the cy‐près doctrine required that, upon the substantive alteration of a charitable trust, the new purposes should be ‘as near as possible’ to the old. This is no longer the case. Subject to section 67(3) of the Charities Act 2011, the redrafting court or Charity Commission must have regard to factors other than proximity of purpose. Zedra Fiduciary Services (UK) Ltd v Attorney General is the first high‐level authority to consider the meaning of the statute, and, with it, the scope of the contemporary statutory cy‐près doctrine. This note argues that the Court of Appeal read down the statutory factors conservatively, prioritising fidelity to the original objects of the trust. The note considers the method of the Court and suggests that a more creative approach might have been taken. Finally, the note considers the impact of the authority on the Charity Commission's routine, day‐to‐day cy‐près casework .

Analysis of Safety Hazards and Implications for Container Port Terminal Operations in Nigeria

Port operations in Nigeria have come a long way in terms of growth, with significant shipment turnovers occurring annually. However occupational hazards including falls from heights, lifting mishaps, mooring mishaps, slips and trips as well as human fatigue occurring during field operations which pose significant risks affecting the safety and performance of operations. This study aggregates data from port workers in six (6) container terminals within Nigeria in order to determine the magnitude of these occupational hazards being faced and juxtapose the role of the terminal operators in balancing service efficiency with safety. Convenience sampling technique was deployed for this survey while primary data was collected through the use of closed-ended questionnaires. A total of 340 questionnaire responses from APM Terminal Ltd, Josepdam Port Services Ltd, Five-Star Logistics, WACT, Ecomarine Nigeria Ltd, and Green Leigh Nigeria Ltd., were analyzed for operational risk factors using percentages. Chi-square analysis was used to test the postulated hypothesis which sought a relationship between frequency of occupational hazard and years of field experience. The null hypothesis was accepted (P > 0.05) and hence inferred that hazard occurrence over the years was independent of field experience. The result suggests a holistic implementation of safety regulations including the use of technology as a measure to curb operational hazards.

The Charge of the Light Cy-près

Abstract The cy-près doctrine empowers courts to rescue funds held on a frustrated charitable trust by applying them to a different purpose. In Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2023] EWCA Civ 133, the Court of Appeal upheld a decision applying the funds of a substantial and unusual charitable trust towards relieving the UK’s national debt. In this article, we offer a brief history of the trust before considering the Court of Appeal’s judgment. We argue that the decision is justified, but reveals flaws in legislative reforms, which have sought to create more flexibility in the doctrine.

Safety of a feed additive consisting of ethyl cellulose for all animal species (Association Management & Regulatory Services Ltd).

Following a request from the European Commission, the EFSA Panel on Additives and Products or Substances used in Animal Feed (FEEDAP) was asked to deliver a scientific opinion on the safety of ethyl cellulose as a technological feed additive for all animal species. In its previous opinions on the safety and efficacy of the product, the FEEDAP Panel could not conclude on proper identification and characterisation as required for a feed additive. The occurrence of potential toxic impurities could also not be assessed. Based on the new data provided, the feed additive ethyl cellulose was properly identified and characterised and was shown to meet the specifications set for the food additive. Therefore, the conclusions of the safety assessment reached in the previous opinions for ethyl cellulose meeting the food additive specifications, apply to the ethyl cellulose under assessment as a feed additive. The feed additive is considered safe for all animal species, the consumer and the environment. In the absence of data, the FEEDAP Panel is not in the position to conclude on the safety for the user.

Safety of a feed additive consisting of hydroxypropyl cellulose for all animal species (Association Management & Regulatory Services Ltd).

Following a request from the European Commission, the EFSA Panel on Additives and Products or Substances used in Animal Feed (FEEDAP) was asked to deliver a scientific opinion on the safety of hydroxypropyl cellulose as a technological feed additive for all animal species. In its previous opinions on the safety and efficacy of the product, the FEEDAP Panel could not conclude on proper identification and characterisation as required for a feed additive. The occurrence of potential toxic impurities could also not be assessed. Based on the new data provided, the feed additive hydroxypropyl cellulose was properly identified and characterised and was shown to meet the specifications set for the food additive. Therefore, the conclusions of the safety assessment reached in the previous opinion for hydroxypropyl cellulose meeting the food additive specifications, apply to the hydroxypropyl cellulose under assessment as a feed additive. The feed additive is considered safe for all animal species, the consumer and the environment. In the absence of data, the FEEDAP Panel is not in the position to conclude on the safety for the user.

A Pilot Study in the Use of the Delphi Method to Document Conference Proceedings: Comparison of the Rate of Consensus Among Attending and Nonattending Participants.

While many medical practitioners value the interactive nature of in-person conferences, results of these interactions are often poorly documented. The objective of this study was to pilot the Delphi method for developing consensus following a national conference and to compare the results between experts who did and did not attend. A 3-round Delphi included experts attending the 2023 Society of Disaster Medicine and Health Preparedness Annual Meeting and experts who were members of the society but did not attend. Conference speakers provided statements related to their presentations. Experts rated the statements on a 1-7 scale for agreement using STAT59 software (STAT59 Services Ltd, Edmonton, Alberta, Canada). Consensus was defined as a standard deviation of≤1.0. Seventy-five statements were rated by 27 experts who attended and 10 who did not: 2634 ratings in total. There was no difference in the number of statements reaching consensus in the attending group (26/75) versus that of the nonattending group (27/75) (P=0.89). However, which statements reached consensus differed between the groups. The Delphi method is a viable method to document consensus from a conference. Advantages include the ability to involve large groups of experts, statistical measurement of the degree of consensus, and prioritization of the results.

Notes: Revisiting Uber Drivers as Employees — Comparing South African and UK Law

The UK Supreme Court in the case Uber BV v Aslam [2021] UKSC 5 recently held that Uber drivers in London were workers for the purposes of inter alia minimum wage regulations. In South Africa, the Labour Court in Uber SA Technology Services (Pty) Ltd v National Union of Public Service & Allied Workers (2018) 39 ILJ 903 (LC) (Uber SA) held that the Commission for Conciliation, Mediation and Arbitration (CCMA) had erred in finding that South African Uber drivers were employees of Uber SA. This note compares the two cases, as well as considering the distinction between ‘employees’, ‘workers’ and ‘independent contractors’.

Notes: Strikingly Misconceived: National Union of Metalworkers of SA on behalf of Nganezi & others v Dunlop Mixing & Technical Services (Pty) Ltd & others (Casual Workers Advice Office as Amicus Curiae) (2019) 40 ILJ 1957 (CC)

In this case note I endorse the conclusion reached in Dunlop but quarrel with the reasoning by which it was reached. In particular, I think the treatment of the duty of fidelity, reciprocally owed by each party to the other under the employment contract, was thoroughly misconceived.

A consideration of the Registrar’s powers in matters relating to the National Credit Act: An analysis of Gcasamba v Mercedes-Benz Financial Services (Pty) Ltd and Ngandela v Absa Bank Ltd

Section 23 of the Superior Courts Act 10 of 2013, read with rule 31(5) of the Uniform Rules of Court, empowers the Registrar of the High Court, save in exceptional circumstances involving residential property, to grant default judgments. The purpose of this rule is to prevent the overburdening of the court roll and judicial workload by allowing Registrars the discretion to grant default judgments in uncomplicated, undefended matters. In recent judgments in Gcashamba v Mercedes-Benz Financial Services SA (Pty) Ltd & another 2023 (1) SA 141 (FB) and Ngandela v Absa Bank Ltd & another [2023] ZAECELLC 6, the courts both found that a Registrar is not empowered to grant default judgments in matters relating to the National Credit Act 34 of 2005. The question thus arises whether the National Credit Act has changed and effectively reduced the Registrar’s powers. The implications of these judgments are far-reaching. Not only do they appear to have lessened the powers of the Registrar, but they also have the effect of increasing the administrative workload of judges and potentially delaying the enforcement process of credit agreements subject to the National Credit Act.

The employment status of uber drivers

South African labour law draws a distinction between employees, who dedicate their full-time endeavours to the service of a particular employer, and independent contractors, who perform specific projects for a customer. Employees enjoy a wide range of statutory rights such as the right to not be unfairly dismissed, but such protection does not extend to independent contractors. In the advent of the digital era, many people have turned to online platforms to secure their incomes. For example, some have turned to the Uber platform to drive customers seeking transport by means of the Uber application. Such drivers are, in terms of our law, not regarded as employees of Uber, but as independent contractors and are thereby precluded from the statutory protection which extends to employees. This position is demonstrated by an analysis of Uber South Africa Technology Services (Pty) Ltd v NUPSAW & Others (C449/17) [2018] ZALCCT 6. This case is further compared to a similar decision in the United Kingdom, Uber BV and Others v Aslam and Others [2021] UKSC 5, where protection was afforded to the Uber drivers. Suggestions are made for legal reform, in order to align the prevailing position in South Africa with the approach in the United Kingdom, thereby extending legal protection as employees to uber drivers.

Mahindra and Mahindra Financial Services Ltd– A Case Study

Purpose: This paper is about the organizational analysis of Mahindra and Mahindra Financial Services Ltd [MMFSL]. There are investment products with moderate returns and relatively minimal risk. Numerous public sector banks, private sector banks, non-banking financial companies, and other financial organizations provide these investing facilities. From the perspective of investors, this research offers a variety of details about Mahindra and Mahindra's financial services portfolio, the many goods and services they offer, as well as the steps a consumer must take. Design/Methodology/Approach: Companies that provide financial services set their goals, which may include things like customer satisfaction, market expansion, revenue growth, risk management, and regulatory compliance. To enable effective collaboration, decision-making, and accountability, a clear organizational structure is built. This entails evaluating consumer demand, researching the competition, and seeing chances for product innovation or difference. Findings/Result: Over the years, MMFSL's loan book and profitability have increased gradually. The company's financial success is influenced by several variables, such as interest rates, the general state of the economy, and the demand for automobiles and equipment. To lower risk and boost revenue streams, MMFSL has been seeking to diversify its business beyond car finance. They have grown to finance more asset classes like commercial vehicles, used cars, and construction equipment. To improve the convenience and accessibility of loan applications, approvals, and repayments, they have launched a few digital platforms and initiatives. Originality/Value: It primarily focuses on learning about organizations in-depth, including the responsibilities of the organization and competency mapping, to understand how well the firm is working and to examine its current competitors. The proposed work determines the company's liquidity condition. The SWOT analysis framework is used for evaluating the company's strengths, weaknesses, opportunities, and threats. Paper Type: Case Study.

Bigen Africa Services v City of Cape Town: Audit Culture and State Self-Review in the Water and Sanitation Sector

In Bigen Africa Services (Pty) Ltd v City of Cape Town (WC) (unreported) case number 18681/2020 of 1 June 2021, the Western Cape High Court found that the inclusion of a local office as a pre-qualification criterion in tenders for professional water and sanitation services fell afoul of section 217(1) of the Constitution. This provision requires all organs of State to contract for goods or services in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. The court's reasoning on this point can be critiqued on the basis that it conflated distinct tests for determining the materiality of a deviation. However, the case raises broader concerns around the pre-eminence of audit over operational logic in the water and sanitation sector, and the use of state self-review to resolve the conflict.

THE APPLICATION OF DERIVATIVE MISCONDUCT IN THE WORKPLACE: A CRITICAL ANALYSIS OF National Union of Metalworkers of South Africa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Limited 2019 (5) SA 354 (CC)

In modern South African law, employees have several fundamental rights, the right to strike being one of those rights. This right is enshrined in the Constitution of the Republic of South Africa, 1996 (the Constitution) and also in the Labour Relations Act 66 of 1995 (the LRA); both statutes provide that every employee has the right to strike (s 64(1) of the LRA and s 23(2)(c) of the Constitution). However, for a strike to be protected as legal strike action, at least 48 hours’ notice of the commencement of the strike must be given, in writing, to the employer (s 64(1)(b) of the LRA). If employees misconduct themselves – for example, engage in acts of violence during a protected strike – the employer is entitled to dismiss those employees on the grounds of misconduct (Schedule 8, item 7 of the Code of Good Practice under the LRA). However, if the employer is unable to identify the responsible employees (the perpetrators), the question is whether the employer can request other employees to identify the perpetrators. If the answer to this is yes, the next question is whether the employer can dismiss these employees if the employees do not want to identify the “perpetrators”.To answer these questions, employers have relied on the principle of “derivative misconduct” to discipline employees during strike action where employees responsible for misconduct cannot be identified and other employees fail, when requested, to come forward and assist the employer to identify those responsible. Derivative misconduct is a principle that is neither defined nor appears in any labour legislation. It has been developed by the courts and used by employers as a concept to require an employee to come forward and give information about other employees who have misconducted themselves during protest action. Since derivative misconduct is not defined in labour legislation, a consideration of the judgments that have considered the scope and application of this principle on a particular set of facts demonstrates the difficulties of its application. Before the Constitutional Court judgment in NUMSA obo Khanyile Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd (2019 (5) SA 354 (CC)), several judgments attempting to develop or clarify the concept either found derivative misconduct did not exist on the particular facts or just expressed obiter views on the issue. This led to varying decisions on the application of derivative misconduct. The Constitutional Court has now finally sought to articulate and grapple with this concept.

The History and Archaeology of Hendon Sidings Enterprise Zone, Adjacent to Prospect Row, Port of Sunderland

ABSTRACT Developer-funded archaeological investigations were undertaken by Archaeological Research Services Ltd within Hendon Sidings Enterprise Zone at the Port of Sunderland in March 2021 and during the summer and autumn of 2022, prior to the commencement of engineering works including alterations to existing access routes and reprofiling of the area. The works were undertaken on behalf of Esh Construction. Evaluation trenching in 2021 identified the remains of the well-preserved roundhouse and a portion of the associated turntable, which was then fully exposed during subsequent open-area excavation. The work revealed the iron fittings associated with the mechanical structures of the turntable pit, in addition to inspection pits for engines and steam railcars, culverts, three well-preserved ‘straight’ engine sheds and associated structures. Unlike the roundhouse, thought to have been demolished in the 1960s, the engine sheds underwent reconstruction and refurbishment to accommodate the larger diesel engines in the mid- to late 20th century. Many of the structures associated with the western engine sheds similarly date to around this time, although some of the sandstone foundations and boundary walls appeared to be of a later date and had not been subjected to the same level of dieselisation as other areas of the sheds.

Phosphatidylcholine and cholesterol-loaded-cyclodextrins can replace egg yolk in the cryopreservation of equine spermatozoa

In the horse breeding industry, cryopreservation of spermatozoa has become an integral aspect of modern-day protocols. To avoid sperm damage during the freezing process, freezing media containing egg yolk are used. Recently, urgency to find an alternative to egg yolk has been increased due to the prevalence of Avian Influenza Virus (AIV). In the UK, the World Organization for Animal Health reports that between July and December 2022, an AIV outbreak led to the death of 4.62 million birds (56.73 million globally), with substantial consequences for agriculture, environment and egg availability (WAHIS. 2023; https://wahis.woah.org/#/dashboard/qd-dashboard: Accessed: 12 January 2023). Recent research has also called into question the biosafety of egg yolk, with RNA from highly pathogenic and low pathogenic AIV found on and in eggs (Stephens.et.al. Avian Diseases. 2020; 64:143-148). The cryoprotectant potential of phosphatidylcholine, the main phospholipid in egg yolk, has been investigated in diluents used for cryopreservation of human spermatozoa with some success (Sicchieri.et.al. Translational Andrology and Urology. 2021; 10:397-407). The chemically defined origin and increased biosafety make phosphatidylcholine a desirable alternative to egg yolk for use in cryopreservation. Ejaculates from four horses (n=4) were frozen using four different freezing extenders: a reference medium containing egg yolk and 3% dimethylformamide (control) and media without egg yolk supplemented with 1.5mg/ml2-hydroxypropyl-β-cyclodextrin cholesterol complex, 3% dimethylformamide and either 2% (P1), 4% (P2) or 6% phosphatidylcholine (P3). Samples were diluted and centrifuged on a density gradient medium (1000xg’ for 20 minutes). The cell band was aspirated and resuspended (200 × 10⁶ cells/ml) with allotted treatment extender. Samples were packed into 0.25ml straws, cooled to 5˚C for 25 minutes, then frozen using a programmable freezing unit (IceCube14s, Minitube, Germany). Temperature of the straws was reduced from 4 ˚C to -143˚C in 9 minutes, after which they were plunged directly into liquid nitrogen (-196˚C). Viability was assessed using NucleoCounter® NC-100™. Total motility analyses were performed with computer assisted semen analysis (Hamilton Thorne, USA). No difference in post-thaw viability was found between any of the media tested (P>0.05). No difference in total motility was found between the control (36.75±1.93σM), P1 (29.25±3.82σM) or P2 media (19.5±6.35σM) (P>0.05). However, post-thaw total motility of sperm cryopreserved in P3 media (16±6.01σM) was lower than the control (P<0.05). Media supplemented with 2-4% phosphatidylcholine and 1.5mg/ml cholesterol was effective in limiting loss of total motility and membrane integrity of equine spermatozoa, establishing the need for further breeding trials into the use of phospholipids for egg yolk lipid replacement to improve biosafety. The authors wish to recognize the support of Tullis Matson and Stallion AI Services Ltd in this study.

Implementation of a Database System to Evaluate Staff Work Performance

Performance evaluation gives a manager advance way of determining employee salary increase, promotion, training needs, transfers, job termination, reassignment e.t.c. In performance evaluation process, an employee is judged based on pre-defined objectives and criteria that were agreed on by employer and employee in order to ascertain the workflow of the employee. The primary objective of this study is to implement a database system for staff performance evaluation for Geecoms Integrated Services Ltd. The methodology adopted in the design of this work is rapid application development (RAD) model, which is an incremental software process model that emphasis a short development cycle of 60-90 days. Its approach to software development put less emphasis on planning and more emphasis on process. ASP.Net technology was used in combination with VB.Net programming language for the frontend design. Moreover, every robust system requires a backend for proper storage and maintenance of records. In this system, Microsoft Access database was used for the backend design. MS Access was chosen in order to avoid compatibility issues of systems not being able to meet system requirements. In the database design, tables where created to hold related records as well as implementation of table normalization. Primary key was used to create table relation in the database to make data manipulation as easy as possible. Judging from the efficiency and effectiveness of the system accomplished in this work; is therefore recommended organization managers should adopt this technology as it will ensure successful performance evaluation and bring great change in the system

INDIA'S TOP TEN CSR CONTRIBUTING COMPANIES AND THEIR CONTRIBUTIONS TOWARDS ENVIRONMENTAL SUSTAINABILITY

This research paper explores the top ten CSR-contributing companies in India and their contributions toward environmental sustainability. The study analyzes the CSR spending patterns of these companies and the percentage of their CSR funds directed toward environmental sustainability. The results indicate a significant variation in CSR spending and contribution towards environmental sustainability among the top ten companies. Companies like Wipro Ltd, ITC Ltd, and Infosys Ltd have directed a considerable percentage of their CSR funds toward environmental sustainability. On the other hand, companies like Tata Consultancy Services Ltd, Tata Sons Private Ltd, and Indian Oil Corporation Ltd did not contribute to environmental sustainability, despite significant CSR spending. The findings suggest that there is a need for companies to prioritize environmental sustainability in their CSR activities, given the current environmental challenges faced by the country. The study recommends that companies should adopt sustainable practices and invests more in environmentally sustainable CSR initiatives to achieve a balance between economic development and environmental conservation.

Mitochondrial Ferritin in Erythroid Cells from patients with Myelodysplastic Syndrome

Background: The Myelodysplastic syndrome (MDS) is extremely fatal illness whither anaemia is insensitive to any medical management. Aim: In present research, effect of levels of ferritin in serum lying on prospects and continued existence was scrutinize in MDS subjects with no previous record of blood transfuse. Study design: Retrospective. Methods: These cases (MDS) were alienated into two groups, according to their serum ferritin levels. Sample size of 58 cases of MDS calculated according to online service “Select Statistical Services Ltd” comparing two means. Results: The time of endurance mean was 5.09 years ± 4.8 months. Median ferritin levels of serum ferritin were 358 ng /ml. The plasma ferritin level is related with higher rate of mortality with levels as 500 ng/ml. The ROC part for Serum ferritin was 0.721 by means of a cut-off range of 401; susceptibility and explicitness. were 71.7% and 69.1%, correspondingly) P=0.002. In attendance were 33 subjects with value of ferritin is ≥ 500 ng/ml. Patients with serum ferritin values ≥ 500 ng/mL had lower survival expectancy. Ferritin ≥ 500 ng/mL be related with seven folds augmented death rates (P = 0.001). Practical Implication: In MDS iron chelation is not well-known, for that reason the overall survival is not good. The iron chelation might encompass a favorable outcome on survival of MDS. Conclusion: Even though 1000ng/ml ferritin value in the beginning of chelation therapy is adequate, reduced survival expectancy will be associated with high levels of serum ferritin. Keywords: Myelodysplastic syndrome, ferritin, chelation, ring sideroblast, isoniazid, penicillamine

The Effect of Budget Control on Financial Performance among State-Owned Enterprises: Towards Enhancing A Budget Management Control Policy

Rwanda’s state-owned enterprises (SOEs) are suffering from poor financial performance. For instance, 60% of them are at a loss from 2016-to-date. For example, five companies, KTRWANDA NETWORKS, MARAPHONE RWANDA, and AFRICA OLLEH SERVICES LTD, which are 49%, 95%, and 49% respectively owned by the government of Rwanda, have accumulated US$5 million in losses each year for the last five years. Based on the above problem, the study intended to assess the link between budget control and the financial performance of SOEs in Rwanda. The study analyzed the seven objectives. The components of budget control understudy include budget planning, budget control, budget implementation, and budget review. The components of financial performance are Liquidity, Profitability, and Solvency. The research is descriptive research using both qualitative and quantitative approaches. It is also correlational research because it tested the relationship between budget control as an independent variable and financial performance as the dependent variable. The respondent of this study is 106 employees of seven selected SOEs. The researcher used the questionnaire to collect primary data and as an instrument of the study. And financial report for secondary data. Descriptive statistics like Frequency and Percentage and mean and inferential statistics Correlation and regression were used to analyze data. Findings showed that in general, the level of budget planning was high with a mean of 3.75. In the general, the level of budget implementation is high with a mean of 3.78. In general, the level of budget review is high with a mean of 3.67. In general, the level of liquidity in the companies was high with a mean of 3.66. In general, the level of profitability was moderate in the last five years, with a mean of 2.96. In general, the level of solvency was high with a mean of 3.59. Generally, there is a low significant relationship between Budget Control and financial performance with a coefficient of correlation of 0.384 with a P-value of 0.000. The multiple regressions showed R Square is 0.217 showing that the budget control contributes 22% to financial performance. The challenges related to budgeting control include unpredictable market, cash flows constraint, overspending versus planned, Rigid Decision-Making, Lack of trained and skilled labor, No clear budget lines in place and absence of regular budget control, limited is available to cash, Unbudgeted activities, Not complying to the rules and regulations of the budget, Insufficient cash to meet the budgeted costs, Unplanned activities due to government priorities, fluctuation in prices for commodities and Cash inflation. The challenges related to financial performance include the Lack of modern technology, High expenses and not achieved expected revenues, lack of a core system that can control all finance modules, Accuracy and timely arrival of monthly management reports, Lack of Ownership of finance performance by all staff, Recovery that may take longer than expected, Risks associated with worldwide inflation, Cost of importation, Poor marketing and reliance on public tenders. Good investment analysis, poorly managed subsidiaries. As recommendations, the management should strive to increase the profitability of their companies from a moderate level to a high level. The management should try to increase the effect of budget control on financial performance which was 22%. The management should make a deep analysis to check why their Budget planning is not affecting their financial performance when it is known that there should be a positive effect.