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工程採購爭議仲裁程序公正性之研究 / On the fairness of arbitration in process of public construction陳良勇 Unknown Date (has links)
政府採購法下之工程採購較他類採購規模大,契約金額高,且因履約期長,履約之不可預期性增加,常造成履約過程中,對於契約無法明確釐清之事項及責任,在機關為維護公共利益,而廠商為爭取合理利潤,雙方立場不一致情形下,無法有效解決問題,遂產生履約爭議,而須透過履約爭議處理制度來解決雙方之紛爭。而仲裁係履約爭議處理的一種快速有效解決爭議之方式,由雙方當事人各自推舉仲裁人,再共推一名主任仲裁人組成仲裁庭解決雙方之紛爭。然現行情況機關多抗拒仲裁,不信任仲裁,質疑仲裁程序之公正性,進而提出撤銷仲裁判斷之訴訟,但幾乎皆遭法院駁回,機關最終必須接受仲裁判斷結果。本研究針對公共工程採購仲裁爭議案件,以深度訪談實際參與仲裁庭審理過程之機關與廠商兩造,就整個仲裁過程是否以公平公正、符合程序正義,有效合理的解決紛爭,並探究為何機關提起撤銷仲裁判斷之訴訟之原因。研究結果發現機關質疑仲裁制度公正性的原因係對工程採購履約爭議制度不熟悉,且仲裁人在處理過程有代理人之行為,加上機關的律師不若廠商的律師積極、仲裁結果輸多贏少,導致不信任仲裁。而機關除認為仲裁結果不公正外,又為避免遭受圖利廠商質疑遂提起撤銷仲裁判斷訴訟。因此研究建議機關可選任由具工程專業背景之資深公務人員擔任仲裁人,並提供聘任律師合理費用以提升機關參與仲裁之信心與意願。 另公開工程採購爭議仲裁判斷書供社會大眾閱覽、加強仲裁人訓練、推廣仲裁、相關主計、政風及審計等監督單位應尊重採購專業人員之判斷等建議,使當事人更能接受仲裁判斷結果。 / Under Government Procurement Law, the scale and amount of public construction procurement is usually much larger. The increased unexpected factors due to longer compliance period, and different standpoint from both sides could rise the possibility of disputes, which should be solved with a more systematic way. Arbitration, which solves disputes by selecting arbitrators and forming an arbitral tribunal, is a fast and efficient way to deal with disputes from public construction procurement. However, presently, most government agencies distrust arbitration and often file out a revocation of an arbitral, which usually be dismissed by the court. At last, government agencies have to accept the outcome of the arbitration.This thesis studies the cases of public construction procurement disputes. By interviewing both sides of the actual participants, the fairness, effectiveness and justifiability of an arbitral tribunal is carefully examines. The result indicates that the major reasons why government agencies distrust arbitration include the followings: First, government agencies are often unfamiliar with the system of public construction procurement arbitration. Second, arbitrators could assign delegates. Third, attorneys of government agencies could be less aggressive than that of contractors. Forth, government agencies often lose in arbitrations. Moreover, government agencies could file out a revocation of an arbitral preventing being suspected to be in favor to contractors. It is suggested by this study that government agencies could select senior staffs from government agencies with engineering background as arbitrators and provide them with reasonable subsidy. Other suggestions includes: arbitration award be opened for public reference, enhancing arbitrator's training, promoting arbitrator, other divisions of government agencies respect public construction procurement professionalism, et cetera.
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Employee perspectives on individualized pay : Attitudes and fairness perceptionsStråberg, Teresia January 2010 (has links)
The use of various types of individualized pay setting has increased dramatically in Sweden. In order for individualized pay to work as an incentive, the pay system has to be perceived as fair. This thesis focuses on the various subjective perceptions that arise in relation to individualized pay setting, since such perceptions may have consequences for employee attitudes and behavior. Using survey data from Swedish human service workers (Study I and II) as well as other public employees (Study III), the general aim was to shed more light on employees’ pay attitudes and fairness perceptions in connection with individualized pay setting. Study I examined some of the explanatory factors behind employee pay attitudes. The results showed that perceiving a clear connection between work results and pay, and perceiving a sound working climate, were both related to more positive attitudes towards the pay distribution process. Study II examined factors potentially associated with pay-related justice perceptions. The results demonstrated that perceptions of having sufficient feedback, proper information on pay criteria, gender equality, and lower workloads were connected with more favorable views of pay justice. Pay justice perceptions, in turn, appeared only to be marginally connected with employees’ work-related attitudes and behavior. Study III investigated whether women’s and men’s perceptions of the individualized pay-setting process differed. The results showed that both genders had a similar awareness of the organizational policies and goals. The women, however, reported much lower levels of pay-related gender equality than the men and perceived that men, overall, benefited more from individualized pay setting. In conclusion, employees’ perceptions of a well-functioning working climate, apparent links between work effort and pay, as well as perceived equal opportunities contribute to individualized pay systems being viewed as more fair.
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The Employment Contract between Ethics and EconomicsLindblom, Lars January 2009 (has links)
This thesis investigates what work ought to be like. The answer it presents consists of an outline of a liberaltheory of justice in the employment contract based on theory developed in the area of political philosophy. Thethesis also examines issues of efficiency—How should measures to improve working conditions be evaluated?—and the ethical implications of the economic theory of employment contracts and the neoclassical theory of themarket. Paper I: A theoretical framework is introduced for the evaluation of workplace inspections with respect totheir effects on working conditions. The choice of a concept of efficiency is discussed, and its relation to criteriafor a good working environment is clarified. It is concluded that in order to obtain reliable information onthe effects of different inspection methods, it is necessary to perform controlled comparative studies in whichdifferent methods are used on different workplaces. Paper II: This article outlines the structure of a Rawlsian theory of justice in the employment relationship.The theory answers three questions about justice and the workplace. What is the relationship between socialjustice and justice at work? How should we conceive of the problem of justice within the economic sphere?And, what is justice in the workplace? Reasons for a specific construction of a local original position are givenand arguments are presented in support of a principle of local justice in the form of a choice egalitarian localdifference principle. Paper III: The political philosophy of John Rawls is applied to the moral dilemma of whistleblowing, andit is shown that that the requirement of loyalty, in the sense that is needed to create this dilemma, is inconsistentwith that theory. In a discussion and rejection of Richard De George’s criteria on permissible whistleblowing,it is pointed out that the mere rejection of loyalty will not lead to an extreme position; harms can still be takeninto account. Paper IV: The case is made that if contemporary economics of the employment contract is correct, thenin order to explain the existence of employment contracts, we must make the assumption that the contractingparties are attempting to deal with decisiontheoreticignorance. It follows that the course of action that theemployer chooses to take when acting from authority cannot be justified by consent, since the informednesscriterion of consent cannot be satisfied under ignorance. It is then suggested that in order to achieve justificationof acts of authority, there must be in place a real possibility to contest employers’ decisions. Paper V: According to Ronald Dworkin’s theory of equality of resources, mimicking the ideal market fromequal starting points is fair. According to Dworkin, the ideal market should be understood as described in GérardDebreu’s influential work, which implies that we should conceive of trade as taking place under certainty. Thereare no choices under risk in such a market. Therefore, there is no such thing as option luck in the ideal market.Consequently, when mimicking this market, we cannot hold people responsible for option luck. Mimicking thismarket also implies that we ought to set up a social safety net, since rational individuals with perfect foresightwould see to it that they always have sufficient resources at each point in life. Furthermore, the idea of insuranceis incompatible with the ideal market. / QC 20100728
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Interpersonal society : essays on shared beliefs, trust, mnemonic oppression, distributive fairness, and value creationHedberg, Per Henrik January 2012 (has links)
<p>Diss. Stockholm : Handelshögskolan, 2012. Sammanfattning jämte 4 uppsatser.</p>
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Efficient Resource Allocation In Energy Harvesting Wireless NetworksTekbiyik Ersoy, Neyre 01 December 2012 (has links) (PDF)
This thesis presents various studies on energy efficient design of wireless networks. It starts
with a survey on recent shortest path based energy efficient routing algorithms developed for
ad hoc and sensor networks, making a comprehensive classification for these algorithms. In
addition to energy efficient design, sustainable and environmentally friendly deployment of
wireless networks demands increased use of renewable energy. However, this calls for novel
design principles to efficiently utilize the variation in the availability of the energy. The thesis
continues with an investigation of state-of-the-art resource management and scheduling
algorithms developed for energy harvesting wireless sensor networks. Building on the stateof-
the-art, the main contribution of this thesis is to formulate and solve a utility maximizing
scheduling problem in a multiuser broadcast channel with an energy harvesting transmitter.
The goal is to determine the optimal power and time allocations to users between energy arrivals.
The structural properties of the problem are analyzed, and its biconvexity is proved.
A Block Coordinate Descent (BCD) based algorithm is developed to obtain the optimal solution.
Two simple and computationally scalable heuristics, PTF and ProNTO, which mimic
the characteristics of the optimal policy, are proposed. Finally, an online algorithm, PTF-On,that will bypass the need for offline knowledge about the energy harvesting statistics, is developed.
PTF-On uses a Kalman filter based energy harvesting prediction algorithm, developed
in this thesis, to predict the energy that will arrive in the future.
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Faultless dismissal: assessing the substantive fairness in dismissal for operational requirementsMasumbe, Paul Sakwe January 2013 (has links)
No description available.
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Improving Consultation Measures at the Municipal LevelUtz, Stephen Charles January 2007 (has links)
Consulting with the public on planning issues has become an endeavour formalized throughout Western democracies over the past half-century. However, there remains a dichotomy between the legislative minimums for this part of the planning process and the extraordinary efforts of some municipalities. Inefficiencies emerge as attempts are made by many municipalities to implement the contributions received, exposing the potentially different objectives held by each of the major consultation players.
Academics suggest that the rationale for consultation appears to have advanced to the point where its value is beyond question, but that the means and frequency for its conduct are not. The literature on the subject is further split between that which focuses on the process of consultation and that which centres on its outcomes. Correspondingly, the fairness of consultation exercises can be viewed from the procedural and distributive points of view.
To date, academic study in this field has largely been conducted along qualitative lines. Using a combination of questionnaires, interviews and a focus group to triangulate data received from the major players, an answer was sought to the hypothesis that consultation players possess distinct objectives for this planning exercise.
The results indicated that planners and the public do subscribe to separate views for the purpose of consultation, which bias their paradigms of the other parties. Isolating other factors regarding each of these cohort groups further suggested that time, geography, and education often limit the participation of citizens, while planners feel constrained by time, apathy among participants, the political processes and certain fiscal realities.
Therefore, changes to planning legislation are recommended that would indirectly reduce the burden for each of the major players by conducting anticipatory consultation. Such measures would reverse the onus of participating while requiring a lesser investment of staff and resources from municipalities. Future research would test the validity of this approach and engage political figures as the final cohort in the triangle of planning participation.
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Communication over MIMO Multi-User Systems: Signalling and FairnessMaddah-Ali, Mohammad Ali January 2007 (has links)
Employment of the multiple-antenna transmitters/receivers in communication systems is known as a promising solution to provide high-data-rate wireless links. In the multi-user environments, the problems of signaling and fairness for multi-antenna systems have emerged as challenging problems. This dissertation deals with these problems in several multi-antenna multi-user scenarios.
In part one, a simple signaling method for the multi-antenna broadcast channels is proposed. This method reduces the MIMO broadcast system to a set of parallel channels. The proposed scheme has several desirable features in terms of: (i) accommodating users with different number of receive antennas, (ii) exploiting multi-user diversity, and (iii) requiring low feedback rate. The simulation results and analytical evaluations indicate that the achieved sum-rate is close to the sum-capacity of the underlying broadcast channel.
In part two, for multiple-antenna systems with two transmitters and two receivers, a new non-cooperative scenario of data communication is studied in which each receiver receives data from both transmitters. For such a scenario, a signaling scheme is proposed which decomposes the system into two broadcast or two multi-access sub-channels. Using the decomposition scheme, it is shown that this signaling scenario outperforms the other known non-cooperative schemes in terms of the achievable multiplexing gain. In particular for some special cases, the achieved multiplexing gain is the same as the multiplexing gain of the system, where the full cooperation is provided between the transmitters and/or between the receivers.
Part three investigates the problem of fairness for a class of systems for which a subset of the capacity region, which includes
the sum-capacity facets, forms a polymatroid structure. The main purpose is to find a point on the sum-capacity facet which satisfies a notion of fairness among active users. This problem is addressed in the cases where the complexity of achieving interior points is not feasible, and where the complexity of achieving interior points is feasible.
In part four, $K$-user memoryless interference channels are considered; where each receiver sequentially decodes the data of a subset of transmitters before it decodes the data of the designated transmitter. A greedy algorithm is developed to find the users which are decoded at each receiver and the corresponding decoding order such that the minimum rate of the users is maximized. It is proven that the proposed algorithm is optimal.
The results of the parts three and four are presented for general channels which include the multiple-antenna systems as special cases.
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Improving Consultation Measures at the Municipal LevelUtz, Stephen Charles January 2007 (has links)
Consulting with the public on planning issues has become an endeavour formalized throughout Western democracies over the past half-century. However, there remains a dichotomy between the legislative minimums for this part of the planning process and the extraordinary efforts of some municipalities. Inefficiencies emerge as attempts are made by many municipalities to implement the contributions received, exposing the potentially different objectives held by each of the major consultation players.
Academics suggest that the rationale for consultation appears to have advanced to the point where its value is beyond question, but that the means and frequency for its conduct are not. The literature on the subject is further split between that which focuses on the process of consultation and that which centres on its outcomes. Correspondingly, the fairness of consultation exercises can be viewed from the procedural and distributive points of view.
To date, academic study in this field has largely been conducted along qualitative lines. Using a combination of questionnaires, interviews and a focus group to triangulate data received from the major players, an answer was sought to the hypothesis that consultation players possess distinct objectives for this planning exercise.
The results indicated that planners and the public do subscribe to separate views for the purpose of consultation, which bias their paradigms of the other parties. Isolating other factors regarding each of these cohort groups further suggested that time, geography, and education often limit the participation of citizens, while planners feel constrained by time, apathy among participants, the political processes and certain fiscal realities.
Therefore, changes to planning legislation are recommended that would indirectly reduce the burden for each of the major players by conducting anticipatory consultation. Such measures would reverse the onus of participating while requiring a lesser investment of staff and resources from municipalities. Future research would test the validity of this approach and engage political figures as the final cohort in the triangle of planning participation.
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Communication over MIMO Multi-User Systems: Signalling and FairnessMaddah-Ali, Mohammad Ali January 2007 (has links)
Employment of the multiple-antenna transmitters/receivers in communication systems is known as a promising solution to provide high-data-rate wireless links. In the multi-user environments, the problems of signaling and fairness for multi-antenna systems have emerged as challenging problems. This dissertation deals with these problems in several multi-antenna multi-user scenarios.
In part one, a simple signaling method for the multi-antenna broadcast channels is proposed. This method reduces the MIMO broadcast system to a set of parallel channels. The proposed scheme has several desirable features in terms of: (i) accommodating users with different number of receive antennas, (ii) exploiting multi-user diversity, and (iii) requiring low feedback rate. The simulation results and analytical evaluations indicate that the achieved sum-rate is close to the sum-capacity of the underlying broadcast channel.
In part two, for multiple-antenna systems with two transmitters and two receivers, a new non-cooperative scenario of data communication is studied in which each receiver receives data from both transmitters. For such a scenario, a signaling scheme is proposed which decomposes the system into two broadcast or two multi-access sub-channels. Using the decomposition scheme, it is shown that this signaling scenario outperforms the other known non-cooperative schemes in terms of the achievable multiplexing gain. In particular for some special cases, the achieved multiplexing gain is the same as the multiplexing gain of the system, where the full cooperation is provided between the transmitters and/or between the receivers.
Part three investigates the problem of fairness for a class of systems for which a subset of the capacity region, which includes
the sum-capacity facets, forms a polymatroid structure. The main purpose is to find a point on the sum-capacity facet which satisfies a notion of fairness among active users. This problem is addressed in the cases where the complexity of achieving interior points is not feasible, and where the complexity of achieving interior points is feasible.
In part four, $K$-user memoryless interference channels are considered; where each receiver sequentially decodes the data of a subset of transmitters before it decodes the data of the designated transmitter. A greedy algorithm is developed to find the users which are decoded at each receiver and the corresponding decoding order such that the minimum rate of the users is maximized. It is proven that the proposed algorithm is optimal.
The results of the parts three and four are presented for general channels which include the multiple-antenna systems as special cases.
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