Friday, January 22, 2010

Express and/or Implied - Feedback/Complaint/Suggestion

It is easy to "complain" - and we complain when we have experienced something negative. However, sometimes, it is just as important to provide "feedback" which can be positive or negative. Or even a "suggestion", which may make an "improvement" and at least requires debate. The placing of the issue on a meeting agenda where it can have some collective debate and the result minuted and probably delegated up or down the system per se. The important feature being an OUTCOME.

How many people complain but don't like the outcome? How many provide feedback or a suggestion but never see the outcome?

I applied for some vacancies a while ago in "public" organisations, and I asked for feedback because I had completed the equal opportunities monitoring process. Several bodies notified I could not have feedback. I was furious - I spent a couple of hours filling in the application pack (but would have preferred the 5 second attachment of my resume/CV) over a 2 hour process to not even make interview! I completed the Equal Opportunity form. Having participated in the job application process it should be automatic that the "implied" duty of MUTUAL TRUST AND CONFIDENCE starts at the Job Advertisement, not the Offer-plus-acceptance-plus valuable consideration of the "express" contractual terms and conditions of a common law system (Scotland is slightly different Offer+Acceptance)! I applied electronically via my email address, the outcome of the equal opportunity monitoring, should have applied to me objectively at the close of the application process (instant feedback, someone had the task of monitoring and evaluating the equal op process), not subjectively the employer - to prevent discrimination legislation applying to their organisation: ie, how many applied, what diversity aspects were covering the application, this information would have been nice to know, but should be automatic feedback - EQUAL OPPORTUNITIES SHOULD BE A TWO WAY PROCESS!. Surely, anti-discrimination starts at the job advert too, not when you get the job! (I did receive feedback from one organisation, men are not filling in the equal opportunity monitoring forms for an advertised post - a man got the job. Gobsmacked was I). [Tip1: email yourself, and place all email addresses in the "bcc" line, that way no one can see your email list]. [Tip2: Online electronic applications could be upgraded so that you fill in one section, submit, then the next and submit, with 5 small sections re essential and desireable qualities limited to 200 or 500 words and submit each section, fill in two email addresses, plus equal opportunities monitoring, and submit - one collated copy to you and to the organisation]. NB: Employers need to time their application process - spending Saturday applying for jobs is not much fun, say 3 applications at 6 hours over 10 CV applications via 5 second attachments of CV, approx a few minutes - sensible which one gives you better job prospects to interview, second interview, job - tax man reality check.

I was pleased to see the Lord Chief Justice (Judge) recent decision on the Munir Hussain case - "ancient" = mercy. Reason = application of the rule of law which is just and safe. The issue appears to be correct in law to me, and the reason is "immediacy". Mr Hussein "reacted" to the situation he was in immediately and events were concurrent. If he had waited a couple of hours it would have involved "premediated" action. Action and "Reaction" are therefore relevant to the "defence" law and self-defence and self-preservation using reasonable force. Self-Defence implies provocation. On appeal, I consider the Lord Chief Justice got this one right.

However, English law is premised on "mens rea" + "actus reus" + offence for the full crime or either mens rea (plus at least one other and a more than merely preparatory act) + offence OR actus reus + offence which are both deemed half crimes also known as inchoate offences, ie conspiracy or attempt.

The above is necessary to know in order to see the point I am getting at "self-defence" can be a crime but it is not "ACTUS REUS". Self-Defence is a REACTION, but I don't know the latin for reaction - albeit Professor Peter Goodridge who taught law of obligations many years ago at Birbeck College, London probably does! I do wonder how the Romans dealt with "self-defence" where technically/academically there is a prima facia difference between "action" and "reaction" - academic play-time anyone, latin orientated, also what is the material difference in Scots law where the verdict can be guilty, not guilty and not proven! Academic minefield. I do wonder - did the Ancient's have the answer all along - mercy!

Article on www.bbc.co.uk 20/01/10 (click here)

President Barack Obama, I am reading his book "Change we can believe in" and the speeches that led to his inauguration. Feedback would be a good idea - how is America doing 1 year into his term of office. There is so much doom and gloom, that some actual real time feedback would be quite nice. Perhaps Gordon Brown PM could also do the same - a feedback to the people report prior to the General Election. (A French Nun, Sister Mary Xavier once told me "there is no such thing as "can't", whilst I was struggling with my long divisions in primary school. She is of course correct, everyone must "try". I like the book, and what it said, and hope it is not just words on a page. I can see the "changes we can believe in" starting to occur from across the ocean. "Yes we can".

However, my request to the Lothian Borders Police that those abusing their term in office need to be processed for the criminal offence of misconduct in public office - I don't consider that waiting untill the General Election assists Democracy, Equality or Justice per se. Harry Cohen MP is fraudulent, mens rea, actus reus, and offence. Soldiers lives, our lives were at risk because of a failure of democracy. Democracy needs to be restored, prior to a general election.

Article by Gavin Corden, The Independent 22/01/10 (click here)

Lastly, does this resemble "Tony Blair" : is Iron Maiden poking fun using "Eddie" and that smile! Album is really rather good.

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