African continent Essay

My friend came from the African continent, we had shared a lot since we had met in high school and she had always told me stories of her country, most of the stories sounded interestingly and I knew deep down in my heart that it would be a place I would want to visit probably for adventure purposes. It was one of the school holidays when she had been preparing to go back home for an event that was important to her and her clansmen. She had told me that it would be great event and that I was welcome to attend, then event was supposed to go for a week. I was hesitant at first because I knew that I would a lot of money for my transport and accommodation but still really needed to go for an adventure. I thought about it for about six months and I approaching my parents to see if they could finance me. It took a few days when at last they both asked me how safe I would being that far from home. My dad had wondered how safe Africa could be and especially for someone like me who had never been there before. When I convinced them that my friend would take care of me and always give me company they granted my wish! I remember having sat next to my friend in the plane leaving for Nairobi with a lot of anxiety, many imaginations but soon feel asleep since the journey was a long one. We flew for many hours and eventually got to land in the large airport that was filled with peoples movements. We walked out through the arrivals exit and I followed my friends who led me to a huge group of people who I came to learn later that they were her relatives. We put our bags onto a car, entered and were driven off. We then reached to her parents’ home and for sure I could see that it was full of people, my friend told me that the main event was going to take place the following day and that is the reason there were so many people to do the preparation. We were walked through the people as we shook their hands a way of greeting in many parts of Africa. I was shown the room that I would spend my nights which was well lit and next to where my friend was to occupy. The next morning we were woken up very early, I had lost truck of time and I kept trying to figure out and adjust to the time zones. I had told that this day marked a very important transition period to the age group; it was their initiation day! That the process takes a week, which all the initiates had been sent away from home to the wild for months! When the right time reached I saw a parade of many young looking people all in traditional attires, they looked so wonderful! They had colors on their heads and funny slipper- like shoes. There was a lot of singing and dancing, ooh it was wonderful! The main ceremony/initiation process was to start at 4. 30 in the morning and it was a circumcision ceremony. Very old people were to perform the act, the initiates were many and that the process as painful as it is they do not administer anesthesia this way they rate the initiate who undergoes the whole process without any sign of fear or pain as the bravest one. Now I realized at some point that some girls I had seen at the parade were also waiting to undergo the same procedure! I couldn’t believe it, how could a society be so cruel? How could anyone want to mutilate the genitals of a female? I kept asking my friend and I was in total dismay! She kept telling me that it is the society way of intiating the girl child from childhood to adulthood. But I wondered why through such a cruel act? Can’t there be anyone who can stand against it and educate this society the health damages associated? I then observed that the same razor blades were used on all the initiates and at this point I made up my mind that I was not going to leave this place having not conveyed my dismay to the few people who would care to listen. There was so much tension as the process took place, much tension from the parents of the initiates because if anyone cried or screamed during the process they could be left alone and the whole society would treat such a person as a coward. Every time the operation went well there would be ululations in high voices. The few times the operation didn’t go smoothly there would kicks and blows it was so cruel. That whole event challenged me to try and convince the people there how wrong it was to use the same blades, the dangers of HIV and AIDS associated to sharing such items, the health problems associated to Female Genital Mutilation and for sure I was met with hostility but with time since it sank down in some people and they began to see the truth of the matter. Well, I got the contacts of those I found to be reasonable and I have continued to having communication with them, trying to educate them on these matters but the response is slow and I don’t think I will give up even if it takes my life time to have spread this word.

Efficiency and Collaboration Proposal

Efficiency and Collaboration Proposal Learning Team D: Terry Hooks, Dante Legare, Reginald Mitchell, Javier Sanchez, and Stephanie Wright University of Phoenix BIS/220 Lakeesha Seawood November 10, 2011 Efficiency and Collaboration Microsoft Excel to Microsoft Access Benefits in the Work Environment The benefits of using Microsoft Access in the work environment for the Party Plates Company would be the ease of creating â€Å"contacts, issue tracking, project tracking, and asset tracking,† (Software-Matters, 2011). This program would help the company by maintaining the current clients and customers previous orders, attach receipts, shipment orders, and any other documents directly to their profile. The company will be able to forecast future orders and share the information across the company using Windows SharePoint Services. Using this option will help the employees share information, back up the data, and will ultimately keep everybody working in a joint collaborative effort. Reginald Mitchell The excel spreadsheets that are currently being used work primarily off of memory. If the save icon is not clicked all work will be lost if the program is closed accidently. The same tragedy can happen if there is a power loss as well. The benefits of using access are it works primarily off of storage. The data that is entered is automatically saved and the database is updated. While using access more than one person can work on the same file at one time. Excel only allows one person to use the spreadsheet at one time. Stephanie Wright Information from Excel Excel Exported to Acces. Examples of Tables, Reports and Queries. Javier Sanchez Suggestions for Improvement The implantation of the Transaction Processing System will help the company to monitor, collect, store and process data generated from the daily transaction. This system will replace the antiquated system that is in place currently. Transaction processing system Transaction processing system Transaction Transaction Business database Business database Detailed reports Detailed reports Paper plates Paper plates The data that is collected from transactions are placed into batches. This system is called Batch Processing. Using collaborative software such as Peachtree by Sage (www. peachtree. com) will help the company manage their financial transactions. Using this software the company will have access to sales ledgers, purchase ledgers, sales order processing. Stephanie Wright Conclusion In conclusion, the Party Plates Company would have easier access to pertinent data. By manipulating fields and properly formulating the tasks required in an excel spreadsheet, the company can track what is needed in each department and apply it to its database more efficiently. The Party Plates Company can also quickly make reports from each department within the company. For example, if the Supervisor or Department Manager of the Human Resources Department wanted a report on all personnel that had missed more than five days of work over a three month period, excluding holidays, vacations, and maternity leave. He or she would simply access the database and simply click the required field to receive the answers desired for the report in particular. With excel alone; this would be more of a tedious task. With excel one could enter the data in fields and have such data imported to access to be stored. This helps every business because the data is saved and can be retrieved at a later date if necessary for reports, strategy building, and brain storming new products or projects. If a database is built with the proper parameters the product will be more conclusive for the task of the company, or a department within the company that the database is built. In summary the implantations of the various information systems will allow the company to operate more effectively. Dante L. LeGare Reference Software-Matters. 2011. Microsoft Office Access benefits. â€Å"Software-Matters†. Retrieved from http://www. software-matters. co. uk/microsoft-access-benefits. html.

Contemporary Leadership Issues Research Paper Example | Topics and Well Written Essays - 2000 words

Contemporary Leadership Issues - Research Paper Example Successful leaders therefore influence individual employee, teams and organizational performance as well as the over role companies performance compared to its competitors (Ellis 4). The personal characteristics of a leader affect the leadership style of the leader. As a result of globalization and international diversity, international organizations employ individuals from different regions with varying cultural practices. The company’s leadership is tasked with managing and supervising it employees so as to achieve the organizational goals and objectives (Tayeb 14). Business performance is also affected by both internal and external business environmental factors. The environmental factors vary from one region to another therefore they influence the management activities for multinational companies. Effective leader should therefore understand the environmental factors that affect his company and positively influence his people to achieve the collective goals in a dynamic bu siness environment. One such leader is the chief executive officer of the coca cola which is a carbonated soft drink market leader manufacturer. This paper will critically analyze the coca cola company’s strength, opportunities and its leadership. ... ilities and circulation outlets as well as privately owned bottlers, wholesalers, supply retail chains and distributors (United States Securities and exchange commission 1). The company has the largest soft drinks distribution structure and its success is associated the wide variety of products that meets wide range of customer needs as well as their efficient employees and distributers. The company produces and sells concentrates to selected bottling companies who may modify the products as well as finished products that include still beverages and sparkling soft drinks (United States Securities and Exchange Commission 3). Sparkling beverages include strong brands such as Fanta, sprite, coke, energy drinks among others. Still drinks include water, juices, tea, and coffee among others. Coca cola company aspire to energize and refresh it customers across the whole world and add value to its shareholders through use of its assets (United States Securities and Exchange Commission 1). It s strategic management involves customers and staff at all levels and all company segments depends on each other in the decision making. The company also has committed to produce quality products that contribute to environmental sustainability as well as participation in corporate social responsibility. CEO Bio Muhtar Kent is the chief executive officer of the coca cola company and he has no blood association with other senior manager He is a graduate of Hull University with BSc degree in economics and a master degree holder in administration from London City University (Leaders Magazine). He has been the chief executive officer is the company since July 2008, the company’s president from 2006 and the board of directors’ chairman from April 2009. He joined the coca cola company in 1978

Prominent economist Essay Example | Topics and Well Written Essays - 250 words

Prominent economist - Essay Example Ken went ahead to prove the existence of the theory in a practical aspect coming up with critical theorems. He did proof the existence of the theorem. Most significantly, he came up with the social choice theory, while in his PHD research he came up with the Arrow impossibility theorem. In essence, his research in health care economics revealed startling results, with close relation to insurance, its market value, and marginal share costs (Pauly, 2001). Most significantly, his distinguished position as a professor in Stanford Operations Research Department gave him more energy to provision of solutions to linear programming. As a mathematical economist, he came up with diverse policies with different implications in the economic field. He did oppose the governmental urge to support the ushering in the supersonic passenger plane. He has been the chairperson of national Institute of Medicine committees, whose core aim is to advocate for affordable malarial treatments in Asian and African countries. Essentially, his articles and published works are reckoned all over. He has over a hundred articles, twenty-two books as an author or co-author, an editor to 24 books, done forty-one non-technical articles and overwhelming 226 research publications. With the summed up achievements, it is no doubt that Kenneth remains an icon and a hero in the economics

Law in Relation to the Identification Procedure Essay

Law in Relation to the Identification Procedure - Essay Example Amongst the suspects is Barry, who has a bad stutter. The custody officer informs Barry of his right to see a solicitor but he initially refuses saying, â€Å"I’ve done nothing wrong. Why would I need a Brief?† At a police identification parade, Alan picks out Barry on the basis of his â€Å"bulging eyes†. Alan does not ask to have the persons in the line-up speak. Barry is 5 feet 5 inches tall. All of the other persons in the line-up are 5 feet 9 inches or taller. Later, at a police interview, Barry refuses to answer any questions and repeatedly states: â€Å"This is a fit up – you can’t prove anything†. Frustrated with Barry’s stubborn refusal to admit his involvement, the police decide to plant a listening device connected to a tape recorder in Barry’s cell in the custody suite, and put an undercover police officer, Colin, in the same cell as Barry. Colin asks what Barry’s in for. Barry replies, â€Å"Robbery. They’ll never prove it though if I keep my mouth shut. They’ve already messed up the identification parade.† Eleanor alleges that Dean had invited her to sleep on the floor of his room, to save her from walking h ome in the dark. She claims that at 3.00 a.m. she awoke to find Dean molesting her. She says she tried to push him away but he hit her and carried out the alleged offense. She says that she waited until he had fallen asleep and then escaped. She first complained of the rape to her friend, Flora, six hours later. Flora had come into Eleanor’s room saying: â€Å"Where were you last night? Gareth was looking for you. He says he’s going to finish with you if you’ve been out with other men.† Gareth is Eleanor’s boyfriend. She then described the alleged rape to Flora, who says she observed her tear-stained face on which there was slight bruising.

Mcdonald's Research Paper Example | Topics and Well Written Essays - 1250 words

Mcdonald's - Research Paper Example In fact McDonalds has different Facebook accounts in different countries in which the company operates. â€Å"The McDonald’s US page has more than 27m fans, and its local market pages have all attracted several hundred thousand ‘likes’†(Moth). Even though McDonalds was able to attract millions of people through its Facebook pages, the company is not much interested in posting too many contents on its pages. â€Å"McDonald’s generally posts fewer than five updates a month yet each one attracts several thousand ‘likes’ and comments, which is more than the brands that posts several times per day† (Moth). The company believes that too much postings may bring too little benefits to the company. It should be noted that today’s consumers are living in a world of advertisements. In fact they were fed up with watching meaningless ads. McDonalds knows this consumer psychology very well and places its ads and posts only sparingly in front of the public through its Facebook pages. On the other hand the company is keen on maintaining frequent updates in its Facebook pages in order to avoid the loss of attraction from the public. Unlike many of its competitors, McDonald’s is not much bothered about responding to the comments made by the people through its Facebook pages. The company believes that responding to user comments through Facebook pages may bring more harm than good. At the same time, the company is keen on informing the people about all its product promotions, offers and discounts. McDonald’s has recently conducted a Facebook campaign asking people to take their lunch hour back and enjoy it at McDonald’s. They used different posts for the success of this campaign. Some of them were simple photo images, and the others were questions, and video posts. This campaign was a big success for the company† Click-through rates of content-related interactions are currently more successful

A Vital Relationship Between Higher Education and Democracy and Its Term Paper

A Vital Relationship Between Higher Education and Democracy and Its Paradoxes - Term Paper Example After making an in-depth analysis of their elements, the result is presented in the last section of the paper as the conclusion. The conclusion that there exists a direct relationship between higher education and democracy and an inverse relation between education and the paradox of democracy is realized with the help of an equation. Structured and institutionalized education is one of the greatest differences between man and animal. We can define education as a collection of mature and developed thoughts of civilization. According to Mill ‘On Liberty’ (1999) â€Å"education is essentially the skillful manipulation of sequences of thoughts or impressions.† (p. 14). This is one of the factors that transform human beings into men who are superior to all other existing creatures of the world. Education performs multiple functions in man’s life, for example, it inculcates in us what to think, how to think, and why to think at all. It not only teaches us; but also introduces us to the various purposes of our individual lives. It enriches man with the asset of thoughtfulness. It is education that opens up a variety of prospects by which we analyze the facts of our life. Henry David Thoreau stated in his book ‘Life without principle’ (1936) â€Å"If a man walks in the woods for love of them, half of each day, he is in danger of being regarded as a loafer; but if he spends his whole day as a speculator, and shearing off those woods and making earth bald before her time, he is an esteemed industrious and enterprising citizen.† (p. 3). By reading these lines different people can make varying conclusions. For example, for some people a man who wanders in the woods for its love can be a poet and a romantic/sensitive person; whilst for some, he can be a loafer.  

What roles do interest groups play in influencing public opinion and Essay

What roles do interest groups play in influencing public opinion and the political process What kinds of interest groups are they How do they contribute to, or hinder a healthy democracy - Essay Example It is important to note that in political science, the main points of argument refer to the particular study of what individuals get, the time they are to get it and the process to be followed in getting it. This has led to many questions about how the government carries out its governance process. For instance, why does it have different tax regimes for different people and firms? Why some benefits are made available to certain groups of people and not others among others. Most of the answers to these questions in the American example depend on the political and socioeconomic processes and the work of interest groups The works of interest groups cannot be underestimated in any country; in the United States, these groups are important channels through which people express their ideas and make their views known to people they elected in governance. Citizens can always channel their views and concerns to interest groups that articulate their concerns to various arms of the government and other public institutions (Maisel 25). In the United States, interest groups find fertile grounds to advance their interests through the informal traditions and the formal structures existing in the country (Hays para 5). It is important to note that these groups find their great source of influence from the fact that political parties in the US are thought to have some weaknesses as far as tackling the interests of people in the country is concerned. Another important feature of the American political system that encourages the functioning of interest groups relates to the way political power is decentralized to various localities and states. This is known as federalism, and plays a big role in the way citizen associations begin; mostly at the local level and the state and later coming together to make strong influential groups at the national level Interest groups made up of business people and corporate groups agree that they are critical to

Network Security Outline Example | Topics and Well Written Essays - 4250 words

Network Security - Outline Example Network security has advanced from a fascinating curiosity to a vital rather essential part of the network management activity for potential corporate users in all sectors of the economy. Successful test projects are helping an increasing number of institutions to make the shift towards incorporating security measures in their organizations. In the recent past, last decade, network security implementations have shifted the focus from the relatively small early adopters to a much larger group of organizations that use the network security to expand and comprehensively cover the networking capabilities and enhance their solicitation to their clientele. This report examines the state security implementation on an organization’s network based on the success stories and perceived benefits. It examines the objectives, background and level of detail into implementing the service. Further, the report incisively looks at the motivation for making the technological shift from wired infrastructure to wireless networking solutions and nature of the expected implementation Majority of the existing organizations, commercial and non commercial, have in the very least installed a certain security mechanism in their organizations. This comes in the form of simple firewall to a complex layered network of switches, routers etc. in a single room to rolling out large campus areas and few metropolitan area networks. Granted the continuing forecasts and advances for network technology and the pervasive use of network applications., the era for implementing tight network security in an organization is at hand. Organizations are growing increasingly concerned about security of their data, especially as the very value of their data continues to increase. This value refers to what strategic and planning information that the data can be used for. Network security has been overlooked in this rising awareness about security. It is often not possible to put a price tag on the stored data but the organization knows that it is its most valuable asset. Compromising or expo sing the information can cause them pervasive damage of their brand and reputation. Organizations ought to adopt security strategies, for instance, tagging data with a level of confidentiality to make sure only those permitted have access to such data (Connolly and Begg 2009). Security strategies are designed as the overall plans to mitigate risk. As mentioned earlier, most organizations have security strategies, but miss out on network security or do not adequately address the issue. A comprehensive security strategy must lessen the overall possibility of loss or harm to an organization’s data. Furthermore, the strategy must focus on the business data concerns from a statutory, contractual and legal perspective. There exist multiple regulatory standards and requirements that have imposed on the organization to address information security risks. Contracts are making it necessary to organizations to consider security of their data at all levels. Proactive network security man agement and planning can save organizations significant amounts of money and reduce the overall exposure to risk. Striking a balance between the organizational objectives and security requirements is a task that squarely falls on the IT department. They are charged with developing the ICT policy for companies in consultation with

The Yellow Wallpaper Essay Essay Example for Free

The Yellow Wallpaper Essay Essay â€Å"The Yellow Wallpaper† is a chilling tale of a woman forced to insanity, yet her mental state is a double edged sword. What brings her down is, in the end, her savior. The doctors in the narrator’s life give her the worst advice possible for the outcome they desire. She is forced to do nothing, and instead of pulling her back to normality, the dreariness pushes her further and further away. Left with nothing to occupy her mind, her mind occupies itself. In the beginning of the story, the woman is quite lucid in the usual sense. Due to a lack of understanding of depression, she is forced to hide the things she loves. She focuses her attention on all she has left, her mental state. However, since she is told that there is nothing wrong she does not analyze it directly, but instead watches her life play out in the metaphor created by the horrid yellow wallpaper. As the story progresses, you watch as the lady loses her touch with reality, focusing more and more on the yellow wallpaper. She pays attention every inch of it, noticing the ever watching eyes and the twists that keep what she believes to be a creeping woman trapped behind. She stops complaining of boredom, and instead analyses the paper most intently. I believe when the narrator begins to see the creeping, humiliated woman outside is the beginning of her liberation. It shows that the woman is free, at least part of the time. This is also around the time when the narrator noti ces the streak running around the room. While this could of been there before, one would think she would of noticed it previously. This indicates she created it herself, in her moments of freedom. During this part of the story she was only liberated part of the time though, as John was still there to watch her at night. The creeping woman she sees also hides herself when someone is coming. As the moon peeks through the windows, the narrator watches the woman in the wallpaper. She is no longer creeping and hiding, as the narrator is forced to also do by day, but shaking the â€Å"bars† of her prison, meanwhile the narrator is wishing John would take another room so that she could escape him. By the end of the story, she has completely forgotten about her wishes to have some kind of entertainment. As her husband is gone and she is able to trick Jennie into  leaving her alone, the narrator manages to free the woman behind the wallpaper from it’s entangling grasp. Thus, she also frees herself from the controlling grasp of her husband. She is free to do as she pleases, which at the moment is creep around the room in the most unusual fashion. However, she seems to really be enjoying herself. Not only that, but she doesn’t even want to leave her room. When John returns, he sees that he is no longer in control what so ever, and faints. While he is kind of cumbersome and in the way, as the narrator now has to crawl over him to complete her circuit, this shows how completely she has triumphed. Society may find her actions disconcerting, but it is the very same society that pushed her away into isolation in the first place. Crawling over her husband’s inert body merely emphasizes the point that she has finally completely overcome him. She finally get’s her way.

System for Occupational Health and Safety Management

System for Occupational Health and Safety Management 1.1 General Overview Agape Homes Trust provides intellectual disability level care for adults in residential and day care. The trust provides services to develop individuals skills, talents and interest and assist them to live a integrated life. The manager oversees to two care centres. There is a well established management team supporting the running of the centre. The service has a clinical coordinator, a team leader, four support workers. A shortfall identified in this audit around staff training and other records has been addressed. Health and Safety System Audit report Policies and Procedures Policies and procedures are reviewed on regular basis and updated to reflect best practice, standards and legislation. Policies are in placed and documented rationally to determine skill mix and staffing levels. Roster is provided for appropriate coverage for effective delivery of services to the client at all times. The trust uses a combination of computer based planning for cares and documentation based information. The long term care plan is computer based and a printed out summary placed in front of the clients file. There is a lifestyle questionnaire for residents which provides information regarding the residents past and present likes and dislikes. Intervention are planned round those hobbies with set timeframe. Certain activities are planned out as well. Food, culture, religious beliefs are also considered. Accident records Interview with the Team leader it was found that the trust has no incident and accident record file onsite. All accident and incident reports are documentation, investigated within 24 hours of occurrence. Reported to and reviewed by the clinical coordinator. Corrective measures initiated immediately and data compiled on the data base and the paper work sent to the main office where it is kept in file. Standards NZS8134:2008 Health and Disability Services Standards are followed in policies ensuring appropriate standard comply with clients rights and services provided in a manner that clients are respected, minimises harm, facilitate choice and acknowledges persons culture, value and beliefs. Also services are effectively communicated to the residents and their whanau. ISO standard is also followed in policies where there is food handling involved and to ensure services are reliable and of quality for residents, whanau and staff. Job Description Each and every person at Agape Trust is responsible to comply with current occupational Health and Safety (OSH) legislation and safety at work. Everyone works safely at all times; uses safety equipment provided; identify hazards and report instantly; encourage others to work safely; monitoring of own health and measures to improve when necessary. Also safe evacuation of residents and others during emergency; maintain safe environment for self, staff and residents. The General Manager is to be reported of any concern regarding security or any other issues. Training Records Was unable to site the training records as it kept in the office at all times. Interview with the team leader the following information was gathered. When required or requested by team leader, be involved in on the job training and service orientation of staff and volunteers. In house health and safety training in form of induction provided to new workers and volunteers. All staff to possess a valid First Aid Certificate, participate in refresher course, external training and qualification based on certified training. Manuals Manuals on how to use equipments available and kept in files. No written safety rules developed and posted around the equipment. Little attempt is made to control hazardous points on equipment. For example the treadmill is located near the door way to the laundry. Manuals on working with equipment and hazardous substances can easily be obtained at anytime. Hazard Register Hazard Register updated and accessed easily for handling common issues, hazards, causes with controls and options to assist control. It also has tools, resources and case studies. The register consist of hazard such as slips,trips,falls, manual handling, hitting stationery objects, challenging behaviours, exposure to trauma, stress, workplace violence, workplace bullying, security, shift work and hazardous substances. The hazards recorded were minimised, eliminated or isolated. It has been updated by the General Manager and initials of each worker after reading and understanding it. Inventories All inventories are hand written in books and updated bi monthly basis by the team leader and the clinical coordinator. Inventories expiry is checked and damaged equipment replaced or fixed. The data is then transferred to the computer for records. Health and Safety System Organisational Requirement Have they been met? (No, partly, mostly, fully) Policies and Procedures Fully met Policies and procedures are checked and updated. The safety procedures are in formats that are easily understood and special communication needs of people using the building taken into consideration as well. The staffs is familiar with the health and safety arrangements at the work place. There are policies and procedures around waste management, cleaning, laundry. Emergency management and the staff are fully aware of them. Policies and procedures also in placed for safe practice and staffs are closely monitored all times. Organisational Management Mostly met There is enough qualified staff on duty at the Trust all times. The trust provides cares for highly needy clients with intellectual disability so experienced and qualified staff should be available at all time. The staff rooster is updated weekly. So the staffs have received adequate orientation and training before starting work. Accident Records Not met There are no records of previous accident records at the Trust. All accident records are sent to the main office where data is transferred to the computer and the paper stored in file. Organisational requirement. The trust should have an accident record file with previous accident records present at the premises as this may help for future references. Standards Fully Met Checking with residents, interview with team leader, staff ensured that policies support consumer rights under this standard. Residents well informed of their rights; personal privacy is protected and suffers no discrimination. Organisational Requirements The standards have been approved by Ministry of Health under the Act and set the standards for health and disability services. Standards have been reviewed yearly which includes general standards, core standards, infection prevention and control standards, restraint minimisation standards, organisational management and providing of safe environment. Job Description Fully Met All staff at the Trust has clear roles and responsibilities and their use their knowledge and skills to promote a positive health and safety culture in the workplace. As organisational and legislative requirement, each worker has to comply with safety policies and practices and their help in planning, implementing and monitoring of protective and preventative safety measures at workplace. All staff has written job descriptions and written copy of their terms and conditions of employment before commencing with the job. Training Records Not met Staff files not updated. Document such as training undertaken and completed not found. Organisational requirement Long standing staff needs their competency and skills assessed to determine the need for further training. The trust needs staff training and development programmes to maintain skills, meet the changing needs of the residents, fulfil the aims of the Trust and understanding the policies and procedures of the organisation and suitable competent to carry out their roles. The Manager should ensure that minimum mandatory training requirements for all his staff are met and updated on regular basis and records are maintained Manuals Fully Met Manual of every equipment present for safety reasons. The manuals are updated by the management on regular basis. Copies of manual printed out and placed in areas where it can be easily accessed. Hazard Register Partially Met. The Hazard Register is not updated, certain risk was identified but corrective measures still needs to be in place. The register has written confirmation of all statutory relating to fire safety and standards complied during fire drill. Organisational requirement The manager has to ensure that the risk assessment is carried out for all areas of work. To manage the identified risk that have been recorded, corrective action has to be implemented and all staff to be aware of any hazards identified and a control put in place. The Manager has to review the risk management records on regular basis. He also has to see to the events including accidents injuries and incidents of fire records and fire drills. Staff uses appropriate protective clothing and equipment suitable for the work to reduce the risk of harm and injuries to others and also to themselves. Inventories Partially Met. All inventories are recorded and later data transferred to the computer for future reference. The organisation keeps all the required inventories for safety reasons. The broken and old equipment should be discarded and replaced with the new equipment. Organisational requirement To reduce the risk of harm and safety old, broken equipment should to be replaced. 1.2 Health and Safety Systems Legislative Requirement Organisational Requirements Policies and Procedures Fully Met Policies and procedures comply with health and safety legislation for maintaining and providing safety and healthy work place, minimise risk in work practise for welfare of everyone and environment The safety procedures are in formats that are easily understood and special communication needs of people using the building taken into consideration as well. The staffs are familiar with the health and safety arrangements at the work place. Emergency management and the staff are fully aware of them. Policies and procedures also in placed for safe practice and staff are closely monitored all times. Accident Records Partially Met All organisations should have an accident record put in placed at all times. Staffs are to fill any form of accident or incident occurring at the work place. An accident record file with previous accident records should be present at the premises as this may help for future references. All accident and incident reports are documentation, investigated within 24 hours of occurrence. Reported to and reviewed by the clinical coordinator. Corrective measures initiated immediately and data compiled on the data base and the paper work sent to the main office where it is kept in file. Standards Fully Met The standards are aimed to ensure respect, protection of the rights of people at the Trust and that the standards are qualitative which provides meaning to the residents life Standards have been reviewed yearly which includes general standards, core standards, infection prevention and control standards, restraint minimisation standards, organisational management and providing of safe environment. Job Description Fully Met Staffs are qualified, competent and experienced to manage needs of intellectual disabled clients and also meet the purpose, aims and objectives of the organisation. Job description enables an individual to have authority and take up responsibilities for duties assigned. The staffs have to ensure that all legally required certificate and licences are updated and displayed when required. The organisation ensures that each staff gets proper orientation before commencing of his or her duties. Manuals Almost Met. Manuals should be in place for all staff to refer to for procedures on health and safety and corrective measures of using certain equipment. Manuals on how to use equipments available and kept in files. No written safety rules developed and posted around the equipment. Copies of manual printed out and placed in areas where it can be easily accessed. Hazard Register Partially Met Hazard register is updated and kept to carry out risk assessment of the work area. Action taken around the identified risk. Clear procedure in placed setting out the action to be taken together with reporting requirements. Significant events such as accidents, injuries, dangerous occurrence and incidents of fire are recorded and updated. Staff wears appropriate protective clothing and equipment in times of emergencies. The manager has to ensure that the risk assessment is carried out for all areas of work. To manage the identified risk that have been recorded, corrective action has to be implemented and all staff to be aware of any hazards identified and a control put in place. The Manager has to review the risk management records on regular basis. He also has to see to the events including accidents injuries and incidents of fire records and fire drills. Staff uses appropriate protective clothing and equipment suitable for the work to reduce the risk of harm and injuries to others and also to themselves. Training Records Partially Met. Promotion of safe working practice through acknowledging provision of information, training, monitoring, supervision of staff under safe working environment, fire safety, infection control, manual handling, first Aid, food safety, maintaining of equipment, personal safety at work. The Manager should ensure that minimum mandatory training requirements for all his staff are met and updated on regular basis and records are maintained. Staff needs their competency and skills assessed to determine the need for further training. Inventories Partially Met. Organisation should be up to date equipped with necessary resources at the facility to maintain health and safety. An inventories record should available at all times with expiry dates for equipment. The organisation keeps all the required inventories for safety reasons. The broken and old equipment should be discarded and replaced with the new equipment. To reduce the risk of harm and safety old, broken equipment should to be replaced. Assessment Task 2 Develop a plan for improvement to Occupational Health and Safety systems. Health and Safety System Degree of Compliance Assessment of the significance of Hazards Cost Benefit Analysis Policies and Procedures Compliance No risk – organisation meets the requirements Nil Accident Records Non Compliance properly completed accident forms and records should be kept High risk of hazard No accident records present, staff may not know how to handle on similar types of accidents as no references available. Low cost – printing of materials, buying a file and filing of documents. Standards Compliance No risk – organisation meets with all requirement Nil Job Description Compliance No risk – organisation meets with all requirements. Nil Manuals Non Compliance High risk of hazard. Most manuals are old, torn and out dated. Low cost – reprinting of manuals. Benefit would be for safeguard. Hazard Register Non Compliance no records of eliminating, isolating or minimising on file. High risk of hazard – no proper records available for future references. Proper and corrective action taken should be in place and recorded in file. Low cost – buying a folder and filing of the documents. Benefit for safeguard Training Records Non Compliance High risk of hazard – long serving staff not aware of new ideas and manage changing behaviours of clients. Staffs not up to date with training, staff personal information not complete. Medium cost – in house training for staff. A yearly staff training calendar posted in staff room to ensure all staff receives proper training. Refresher course made available for long serving staff and that they are up to date with qualification. Inventories Record Non Compliance High risk of hazard – staff may be use expired and broken equipment which may cause harm and injuries to themselves as well as to the residents. Also to reduce the risk of infection at the facility it is best for the organisation to maintain adequate resources at all times Low cost – a proper exercise book bought and all data entered in the journal which later transferred to the computer. medium cost – for the right equipment and resources such as gloves, hand wash, soaps and toilet paper and cleaning material Element 3 Size and location of the workplace The Agape Homes Trust which is known as Agape Care is a charitable organisation which is supported by local churches and provides services to highly need adults who has intellectual disability. The organisation is based in West Auckland. It is a small organisation with about 15 staff and about 25 clients. The organisation can implement corrective measures but have problems with allocated budget and resources. Financial viability of the organisation The Agape Homes Trust is a Non Government Organisation which survives on charity and is supported by local community churches. Since the cost of the strategies are small and can be catered with allocated budget. The organisation is not financially stable since it runs of charity. It can only spend small amount on money on health and safety programmes. Existing Management systems The organisation have set up templates on the computer and available polices and procedures. The clinical coordinator, manager and the team leader have the right knowledge and skills of the existing organisation system around health and safety. Commitment to ISO or other quality management practices. The organisation follows ISO and New Zealand standards which is reflected in the policies and procedures and all programmes. Overall Strategies Corrective Action Accident Records Ensuring that there are two people signing off all accidents. The team leader ensures all documents are properly filled The manager and clinical coordinator amends policies for accidents and incidents register Monitoring of Hazards Modifying ways to monitor hazards and recording them. Assigning a person to be in charge of monitoring the register. Working with team leaders, clinical coordinator and manager to develop and implement ideas. Training Conducting in house trainings for staff infection control, fire control. External training – First Aid certification and CPR training. Refresher courses – handing washing, medication competency and manual handling. Professional development training – Diploma in healthcare, Mental health, Treaty of Waitangi, rights and ethics, leadership courses. Challenging behaviour management courses. Qualification based on certificates – Diploma, NZQA qualification and certification Modification of induction training – orientation at work, interviews and appraisal. Manuals Working with team leaders and management to improve the manuals, communication styles suitable for everyone to understand. Printing out simple procedures and making attractive charts with diagram illustrations. Inventories One of the staff is assigned to keep checks on supplies and resources. The team leader checks the inventory journal at all times. Devika Chandra Kumari

Marketing :: essays research papers

1. A. An economic system is a nations system for allocating its resources among its citizens. Economic systems differ in terms of who owns or controls the four basic factors of production: labor, capital, entrepreneurs, and natural resources. In planned economies, the government all or most factors. In market economies, which are based on the principles of capitalism, individuals control the factors of production. Most countries today have mixed market economies that are dominated by one of these systems but include elements of the other. The process of privatization is an important means by which many of the world’s planned economies are moving toward mixed market systems. 2. A. The most common forms of business ownership are the sole proprietorship, the partnership, the cooperative, and the regular corporation. Each form has several advantages and disadvantages. The form under which a business chooses to organize is crucial because it affects both long-term strategy and day-to-day decision making. In addition to advantages and disadvantages, entrepreneurs must consider their preferences and long-range requirements 3. B. The difference forms of competition advantage are critical to international business. With an absolute advantage, a country engages in international trade because it can produce a product more efficiently than any other nation. But more often, countries trade because they enjoy comparative advantages: They can produce some items more efficiently than they produce other items. The import-export balance including the balance of trade and the balance of payments, and exchange rate differences in national currencies affect the international economic environment and are important element of international business. 4. A. Social responsibility refers to an organization’s response to social needs. Until the second half of the nineteenth century, because business often paid little attention to these needs. Since then however both public pressure and government regulation especially as a result of the great depression of the 1930s and the social activism of the 1960s and the 1970s have forced business to consider the public welfare at least to some degree. A trend toward increased social consciousness, including a heightened sense of environment activism has recently emerged. 5. A Management is the process of planning, organizing, directing, and controlling an organization’s financial, physical, human and information resources to achieve the organization’s goal. Planning means determining what the company needs to do and how best to get to get it done. Organizing means determining how best to arrange a business’s resources and the necessary jobs into an overall structure.

Compare Foxs The Case for Animal Experimentation vs Darnovskys Revisi

Fox's The Case for Animal Experimentation Chapter 2 and 3 and Darnovsky's "Revisiting Sex Selection" 1. What is the challenge/problem presented in this article? Darnovsky’s article explores the upcoming moral challenges that are tied to the renewed interest in marketing sex selection to parents. There are a myriad of ethical issues tied to the option of deciding the sex of one’s child that fall far outside the scope of the question â€Å"Are we playing God?† However, it is the implications of the option to decide the gender of a baby that are more profoundly disturbing. In a society where perfection in appearance and â€Å"brains† is already prized above all else, it seems unlikely that wealthy parents could resist the urge to guarantee that their child will be, really and truly â€Å"perfect.† In the class discussion following her presentation, the sentiment that â€Å"no one would try to make their baby perfect,† emerged. This is easily refutable by the work already being done in the field towards this end, as well as the phenomenon of â€Å"baby Einstein† products and other contemporary voodoo that promise parents that their babies will score extremely high on the SATs. Darnovsky explains the possible repercussions of the irresponsible marketing of sex selection including the challenges it will present to feminism, the resurgence of eugenics as well as the key transnational issues that are at stake. One of the biggest dangers highlighted is the rapid pace at which technologies are progressing. Darnovsky describes new technology like a runaway train progressing far faster than corresponding ethical considerations. In The Case for Animal Experimentation by Michael Fox, the philosophical, evolutionary and moral issues surrounding... ...ith Michael Fox that the unique human capacities make us very distinct from other animal species. However, we believe that saying that these capacities make us a superior species is an anthropocentric viewpoint, because it stems from the idea that our place in the world is the best possible. We do not think animals should be denied â€Å"full membership in the moral community† because of their â€Å" lack of autonomy and moral agency†. This judgment is entirely based on anthropocentric ideas of animals’ social organization and emotions. We do not agree with Fox that animals’ lives lack intrinsic value and that they are essentially meant for us to be used. Works Cited Darnovsky, Marcy. 2004. "Revisiting Sex Selection.† GeneWatch Volume 17: Number 1. Fox, Michael Allen. 1986. The Case for Animal Experimentation. pp. 31-90. Berkeley: University of California Press.

F. Scott Fitzgerald’s The Great Gatsby - A Life Foolishly Lived Essay

The Great Gatsby:  Ã‚  A Life Foolishly Lived  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚      Released in 1925, F. Scott Fitzgerald’s novel, The Great Gatsby cleverly demonstrates the manners and morals commonly practiced throughout the time period. The plot revolves around several main themes and effectively expresses Fitzgerald’s unique perspective. With an objective standpoint, Nick Carraway narrates the story as Jay Gatsby, a foolish racketeer, tries to win over his lifelong love, Daisy Buchanan. Although pecuniary matters can often be too large of an influence on human relationships, the novel unveils several powerful battles entangling love, morals, and money. As Nick Carraway follows the tale of Jay Gatsby pursuing a dream, Gatsby can be observed as a foolish man working so hard, and yet accomplishing nothing. One of the numerous reasons why Jay Gatsby can be seen as foolhardy when simply pursuing a dream is not because he is foolish, but rather because of the method in which he does. Stretching back to the roots of his life, Gatsby was not a wealthy person in upbringing. Following a rigorous daily schedule and constant attempts at bettering his moral values are two of his hopeful methods to win over Daisy Buchanan. Improvements such as, "No more smoking or chewing, Bath every other day, be better to parents" (182), were yet a few of his guidelines to strive for constant self-improvement. Although realizing that Daisy cannot be so easily won over, Gatsby continues to toil in attempt to win his sole love. Not only did he concentrate on actual values in life for the future, Gatsby resolves to himself that he must change his past. Because of his dissatisfaction with his original name, James Gats, he alters his name to the more attractive Jay Gatsby.... ... the novel vividly depicted a life foolishly lived, only for a lost goal so long sought.    Works Cited Raleigh, John Henry. "F. Scott Fitzgerald's The Great Gatsby." Mizener 99-103. Sklar, Robert. F. Scott Fitzgerald: The Last Laocoon. Oxford: Oxford UP, 1967. Trilling, Lionel. "F. Scott Fitzgerald." Critical Essays on Scott Fitzgerald's "Great Gatsby." Ed. Scott Donaldson. Boston: Hall, 1984. 13-20.    1.  Ã‚  Ã‚  Ã‚  Ã‚   Underline titles of novels. 2.  Ã‚  Ã‚  Ã‚  Ã‚   When quoting, the final punctuation should come after the parentheses instead of inside the quote, â€Å"Right you are† (72). Instead of â€Å"right you are.† 3.  Ã‚  Ã‚  Ã‚  Ã‚   I see several different focuses within your paper, from the foolishness of Jay Gatsby to Myrtle to the corruption of the twenties.   Stick to one of the topics and explore it fully instead of jumping from topic to topic.        

A Letter To Myself Essay

No one knows you better than you know yourself.   Moreover, out of all you will experience receiving a letter from yourself 50 years ahead in space-time will be your most profound experience.   So, here I am communicating with myself to inform what I have to look forward to in life. In writing I’m remembering receiving this letter five decades ago.   The odd thing is remembering its receipt but experiencing the writing for the first time.   With only 500 words, rather than focus on the strangeness addressing what will be is my mission.   Your life will be a strange and cruel mix of wonder and despair.   You will experience a living nightmare for love.   You’ll marry a woman who’ll turn out to be schizophrenic.   Dealing with her will be more than troublesome, yet the finer qualities of your character will arise out of the ashes of that experience. Knowing I received this letter will not prevent you from having the experience.   We all are purposed to play a role in life.   Writing this letter affirms some things are inevitable, even when you know about them in advance. You’re at an age where talk of marriage and difficult times are somewhat distant to your experience.   You’re yet to reach your teen years and the joy those years will bring.   Like yourself mom will undergo a troublesome marriage after she and dad divorce.   What you see in her next marriage will be a prophecy for your own.   In the midst of seeing her struggles will be happenings in your life that others will envy.   You’ll be very popular in high school and college.   You’ll turn out to be a champion sprinter and hurdler, you’ll sing in a singing group that will gain national prominence and you’ll have girlfriends that most men could only hope for.   Your teen and early adult years will be rewarding.   Those times I still treasure all these years having passed. Your love for learning will be a beacon to illuminate the way through your marital troubles.   Your field of study, along with your faith would be means to help you recover from troublesome times following your marriage.   This will be a battle however, one that would probably break the average man.   You’ll spend almost two decades unraveling the turmoil you experienced in being married for one decade.   In this you’ll get to know yourself as few people do.   You’ll become very wise and insightful as a result and you’ll be a blessing for what life will take you through. Do not be dismayed at what tomorrow will bring, it will lead to wonderful ends.   You will have a son who will do well in life.   A woman will come into your life who will be a dream come true and you’ll wind up content in your living.   You will appreciate life’s foibles and remember , â€Å"Try not to become a man of success but a man of value.†Ã‚   (Albert Einstein, Great Quotations, pg. 225)   That’s what you’ll do I’m proud to say. References Einstein, Albert, The Great Quotations, 225, George Seldes, May, 1978.

Patient Abuse in Nursing Facilities Essay

Patient abuse in nursing facilities is becoming more prominent. Abuse is not only physical, but emotional, sexual, neglect and financial exploitations. The elderly are the most vulnerable and least likely to complain, so unfortunately they are the targets. Most families research in depth about the nursing facility that they will place their loved one, in hopes that abuse doesn’t occur. Although the research is done, families should still look for signs and symptoms of abuse since they are leaving their loved one in stranger’s hands. According to (Center), A recent investigation concluded that employment checks do not always provide adequate protection against elder mistreatment. For instance, the Centers for Medicare and Medicaid Services prohibit nursing homes from hiring persons with a prior history of committing abuse in a nursing home setting, but those who have been convicted of other forms of abuse like child abuse may still be hired. Some states require a criminal background check, while others do not. Even so, these checks usually do not uncover convictions in another state. Furthermore, in some states, non-caregiving staff such as maintenance workers and others without a direct patient care role do not undergo criminal checks even though they may have direct access to patients and patient areas. Understaffing is a common cause of nursing home abuse. When staff members become overworked, they may begin to lose their patience with the nursing home residents. In addition, understaffing leaves many workers unsupervised or untrained, which can lead to nursing home abuse. Still, physical abuse in nursing homes is illegal, and the owners of the assisted living facility can be held liable if a resident is subject to nursing home abuse or neglect. Sometimes, it is difficult to identify nursing home residents who have been physically abused. Very often, members of the nursing home staff will state that the resident’s injuries were the result of a fall rather than the actual cause–nursing home abuse. In addition, the staff member may bully the resident into agreeing with their story. Because detecting signs of physical nursing home abuse can be difficult, loved ones should pay careful attention when visiting the nursing home. Be aware of the common signs of physical nursing home abuse, including: unexplained bruising, cuts, sprains, fractures and broken bones and open wounds. In addition to physical signs, nursing home patients who have been physically abused may also show changes in their behavior. If the resident appears withdrawn, fearful, nervous or depressed, they may be suffering from physical nursing home abuse. The most common type of physical abuse is battery, which can include forcing the resident into restraints for no valid reason. Other forms of physical abuse in nursing homes include: overmedication, use of excessive restraints, chemical or physical, for no reason, burning, pushing, shoving, force feeding, hitting the resident with the hand or an object, pulling the resident’s hair and mishandling the resident when transporting them from beds, bathrooms etc ( (Morgan). According to (Emotional Abuse in Nursing Homes), Emotional abuse in nursing homes is not as overt as other forms of abuse. Regardless, the effects that emotional abuse in nursing homes can result in are damaging to the happiness, health, and other areas of that resident’s life. Not knowing what signs to look for can allow emotional abuse in nursing homes to continue. Often times, a resident thinks that telling someone about abuse suffered, including emotional abuse in nursing homes, will make them a burden to the family or they feel afraid of enduring an increased amount of abuse. If emotional abuse in nursing homes is occurring the family members should immediately notify the facility. The facility should amend the situation at once but if the emotional abuse in nursing homes persists, the family should take further action. The chances of the emotional abuse in nursing homes occurring to just one resident are very slim so other residents are probably suffering as well. Emotional abuse in nursing homes can include humiliation, harassment, threat of punishment, deprivation, and intimidation, as well as other behaviors. One of the most pervasive forms of nursing home abuse today is that of neglect. Nursing home neglect is too frequently overlooked and results all too often in a decline in general health and eventually the death of those elderly people entrusted to nursing home care facilities. The problem can occur anywhere and can take many shapes. What makes this particularly sinister is that it can be overlooked or ignored for so long. Even upon repeated visits to a nursing home, the signs of nursing home neglect can remain hidden. In order to understand the scope of the problem, it is important to know the different types of nursing home neglect and nursing home abuse. The most obvious, most egregious, and the first that comes to mind for many people is physical neglect. Unfortunately common in nursing homes today, neglect takes many forms, however, all of which are disturbing in their own right. Any of the following forms of neglect warrant contacting a nursing home abuse lawyer to bring justice to the victim of neglect, as well as make conditions safer for other residents (Center). According to (Financial Exploitation of Nursing Home Residents), Financial exploitation of the elderly occurs when an individual takes or uses the money or property of a senior for any wrongful use, or with the intent to defraud the elder. Senior citizens who live in nursing homes or other long-term care facilities can be victims of financial abuse by their direct caregivers or by the administrators of the nursing homes. Financial exploitation is defined as the wrongful use of an individual’s finances or property for another’s advantage. This can occur when residents’ personal or financial resources are taken from them without their consent, either because the residents were incapacitated and unable to give consent or because they were subjected to threats, intimidation, manipulation, and deception. Examples of financial exploitation include cashing an elderly person’s checks without authorization, forging a senior’s signature, stealing an older person’s money or possessions, or deceiving an older person into signing any contract, will, or other document. According to (Nursing Home Abuse), It is critical for every resident to understand their nursing home patient rights in order to successfully acclimate to the very different living environment of a skilled nursing facility. Patients and their families should become well versed in the policies and procedures inherent to life in the facility and must know exactly what they can and should expect when it comes to care and safety. In the US, the federal government and each state government have written legislation which guarantees each nursing home resident specific and general rights while under professional care. Most foreign counties have similar laws enacted to protect elders from abuse and neglect in nursing facilities, as well. When your loved one is placed in a nursing home, it is required that they are given a written bill of patient’s rights. It is recommended that the family and loved one go over this bill of rights in detail so they are familiar with the rights of their loved one. Most often, nursing home patients cannot defend themselves, due to several different reasons: physical health, mental health, social isolation or dependency issues. Unless someone comes forward for these patients, they won’t get help and no one is penalized for their actions. Many do not know how to report nursing home abuse, so they remain silent and struggle with their disturbing knowledge of the abuse or neglect. Once the repost is filed, the organization that is responsible, will investigate thoroughly and will hold the person/persons responsible for their actions. If you are a family member and suspect any minor abuse or neglect, it is always wise to report the activity to the nursing home administrator directly. Tell them that you have evidence of the abuse and that you intend to take this matter as far as it will go. Do not back down. If the infraction is minor and resulted in no real damage, then you may consider allowing them to discipline the staff member internally. Just be sure to watch out for any retribution which may come back to your loved one if the staff member is not fired. If the infraction is more serious or you do not feel completely confident that the matter will be settled in the best interest of your loved one, then take the concern one step further. Immediately call police and report the incident. Additionally, contact adult protective services, your ombudsman, your local nursing home regulatory agency and Medicare, if applicable. You might also consider consulting with a nursing home abuse attorney and filing a civil lawsuit (Nursing Home Abuse). Although abuse in nursing facilities is becoming more prominent, there are several things that family members can do to protect their loved one from being a victim from this horrible crime. The elderly are very vulnerable, but they do not deserve the abuse that the under paid, aggravated staff member may give them. If someone suspects abuse in a nursing facility, they should report it immediately. If not, this makes you just as guilty.

The Principle Agent Problem Between Shareholders And Managers Accounting Essay

Economic theory speculates that a house ‘s end is to capitalise on stockholders wealth ; accomplishable with entrepreneurial house since proprietors are directors. However, ownership presents is significantly diluted, with companies owned by big stockholder groups. This causes the separation of ownership and direction which hinders the relationship between stockholders and directors ; where directors replace stockholders involvement with their ain. This may be due to information dissymmetry[ 1 ]where directors have the power to move in conformity to stockholder demands. This is known as the â€Å" bureau job † and is common in modern corporate. Under this theory the relationship is formed through a binding contract whereby principal ‘s ( stockholders ) appoint the agents ( directors ) to put to death services with authorization to do determinations. However such â€Å" contracts † are imperfect as the impracticality to include every action of the agent whose determinations has an impact on their and the principal ‘s benefits. Therefore, self interested behavior arises in administrations as the involvement of both parties diverges, i.e. principal ‘s involvement respects maximization of stockholders wealth ( net income maximization ) whereas agent ‘s involvement lies in ain public-service corporation maximization ( bonuses/promotion ) . Stockholders permit directors to run the house ‘s assets ; ensuing in a struggle of involvement. The cardinal job therefore is to aline the involvements of both parties. Furthermore, principals expect board of managers to establish their determinations on maximizing equity value. However the board of managers expect directors to follow schemes that support their ends. This state of affairs illustrates that stockholders have no direct input into the operation and hence have no power to state directors what to make. This issue arises because of the separation of ownership and control and therefore directors are able to prosecute ends good to them and unfavorable to stockholders. Overall, withdrawal between the two parties increases deficiency of end congruity. The inquiry arises as to why stockholders do non supervise direction? There are three grounds why taking control causes troubles. ( 1 ) Expensive to supervise managerial activities as obtaining information is hard ( 2 ) disgruntled stockholders are unable to present menaces in order to cut down unwanted managerial behavior i.e. engaging an outside member and ( 3 ) dispersed stockholders have an inducement to â€Å" free drive † . Keasy et al 1997 regards the above as economic costs to monitoring. These restrictions pose jobs for stockholder wealth since unwanted managerial actions takes topographic point in the absence of control. Stockholders may present inducement bundles which include net income related fillips, public presentation, publicity inducements and promote employees to purchase portions which increase their rewards, to promote agents to do â€Å" optimum attempt † . Due to the above jobs, states have developed systems which carry out independent monitoring and control of the house in order to aline the overall end. OECD 1999 stated that â€Å" corporate administration construction specifies the distribution of rights and duties among different participants in the corporation, and spells out the regulations and processs for doing determinations on corporate personal businesss. By making this, it besides provides the construction through which the company aims are set, and the agencies of achieving those aims and supervising public presentation. † In UK capital markets play a critical function where portion monetary values advocates public presentation degrees. Management ‘s focal point is to maximise stockholders wealth through the usage of independent board of managers. The fright of coup d'etat commands forces direction to undergo effectual actions. Approximately 50 % of portions are held by institutional investors bespeaking dominant ownership. Cadbury Report 1992 provinces big proportion of stockholder ownership influence company ‘s actions. In 2008 the Financial Reporting council developed the ‘Combined Code ‘ i.e. assorted reports/codes refering ‘good ‘ corporate administration. The most influential is Cadbury Report 1992[ 2 ], was produced as the deficiency of supervising direction activities caused several dirts whereby executives acted in their involvement. Initially, Polly Peck[ 3 ]went into settlement after old ages of false accounting taking to size uping of the fiscal facets and answerability. However after the cozenage of BCCI and Robert Maxwell, they revised the relationship between boards, hearers and stockholders. The concluding study states CEO ‘s and Chairman ‘s of companies should be separated. Jenson 1993[ 4 ]provinces that if functions were common, struggle of involvement would originate. Furthermore, 3 non-executive managers, two of whom should be independent[ 5 ]and an audit commission affecting non-executives should be included. Companies were encouraged to follow these practises alongside â€Å" the codification of best practise † which outlines other countries of concern. However the â€Å" one size fits all † job was recognised by Cadbury doing all companies registered in UK to follow the â€Å" comply or explicate † system. Companies should follow with corporate best practise or have legitimate grounds for non-compliance. Furthermore, the board must offer a full account to stockholders and explain how their practises are consistent with stockholders. It ‘s acceptable merely when stockholders believe good administration has been achieved. Greenbury commission, formed to measure manager ‘s wage bundles and the deficiency of revelation of payments in the one-year studies, commenced over populace ‘s choler sing additions in executive wage. The study added to the Cadbury Code and advised ( 1 ) each board include a wage commission affecting independent non-executives briefing stockholders yearly and ( 2 ) managers should hold LT[ 6 ]public presentation related wage, all disclosed in the one-year histories. Furthermore, advancement should be reviewed every 3 old ages to guarantee companies are runing efficaciously. The Hampel commission[ 7 ]formed in 1998 suggested all old rules should be collaborated into a â€Å" Combined Code † . Furthermore, the president of the boards should move as the ‘leader ‘ , investors should see voting the portion and all wages information including pensions should be disclosed. The Turnbull Committee, created the following twelvemonth, advised that managers should be held accountable for internal fiscal and scrutinizing controls. Several studies have contributed to the Combined Code viz. the Higgs reappraisal sketching the actions of non-executives. More late, after the prostration of Northern Rock and the fiscal crisis that followed, the Walker Review formed a study refering banking sectors. The Financial Reporting Council produced a new Stewardship Code in 2010. Germany ‘s corporate system is chiefly stakeholder oriented and diffuses off from stockholders involvements. The aim is maximizing stakeholder value thereby uncovering several typical differences. First, the banking sector is a major stakeholder. Charkham ( 1994 ) stated that Bankss hold a dominate place in funding and oversing companies for legion grounds. ( 1 ) During 1870 companies were to a great extent reliant on recognition. Banks began offering LT loans to LT clients who tied the companies, obtaining ownership and moving as ‘shareholders ‘ within industrial houses. ( 2 ) Banks hold 25 % of voting capital in big corporations and 28 % of seats on the supervisory boards. ( 3 ) Banks are stockholder representatives, authorised to vote for their portions plus proxy portions[ 8 ], giving farther control. Consequently companies are improbable to face coup d'etats, since Bankss will back up them through fiscal adversities unlike in the UK. Second, â€Å" co-operative † civilization is articulated under the Co-determination Act 1976 whereby workers obtain important functions in the direction procedure ; known as work councils. Work council staff influence concern actions and partake in determination devising procedures. Employees ( elected by work councils ) sit on the supervisory board when a house has more than 2000 employees aboard stockholder representatives. This system reduces work force struggles by bettering communicating channels, addition dickering power of workers through statute laws and eventually right market failures. Overall productiveness degrees addition, with low degrees of work stoppages as better wage and conditions implying â€Å" good industrial dealingss † . Finally, Germany involves a two – tier board compared to UK ‘s one – tier board. It includes a direction board ( Vorstand ) where directors monitor day-to-day operation and behavior of the house. Plus a supervisory board ( Aufsichtsrat ) affecting merely non-executives[ 9 ]who monitor the direction board duties and O.K.ing determinations. Separation of the two increases the consciousness of single duties and helps forestall direction maltreatment. The ruin is holding worker representatives on the supervisory board as they will choose for determinations good for employees instead than company. For illustration shuting down a mill may hold good for the company nevertheless debatable for excess employees, doing it is hard to work in the best involvement of the company. Germany ‘s corporate system lies to a great extent on good industrial dealingss which considers it ‘s company, employees and public. It shows corporations are a societal establishment instead than an economic 1 as it â€Å" does non set fiscal value for stockholders at the top of the list of policy aims †[ 10 ]. Stockholders are seen as one of many stakeholders and non merely a privileged constituency. The Nipponese corporate administration revolves around banking dealingss like Germany along with life clip employment. There are outstanding characteristics including the intercession of authorities and close confederations between authorities and companies. Business and industrial activities are monitored by the Nipponese Ministry of Finance, affecting them in the direction and determination procedure. Nipponese corporate rely on chief Bankss[ 11 ]which are all interlinked with houses, organizing a concentrated ownership ( stockholders ) . Prowse 1992 provinces that persons hold 26.7 % of a house ‘s equity while corporations hold 67.3 % . Unlike western states, Nipponese Bankss can keep equities up to 5 % . The statement is by moving as loaners and stockholders, struggle of involvements of debt suppliers and equity will be eradicated. Furthermore Bankss hold these equities for long periods, constructing a LT â€Å" banking relationship † unlike UK ‘s â€Å" transactional banking † . Furthermore, they are involved with the internal direction by obtaining seats on the board of managers. They actively contribute in the determination procedure and act as insurance companies for companies come ining fiscal troubles i.e. bankruptcy or coup d'etats. Like Germany, Bankss form LT contracts with companies based on fiscal services and supervising and act as represent atives for other stockholders through proxy ballots. One major differentiation in Japan is the Keiretsu system. Companies form close confederations chiefly between Bankss, concerns and the authorities, by working towards each other success. The function of the authorities became of import when they intervened in 1990s as Japan suffered a recession. The authorities wanted to reconstruct the economic system through its policies and ordinances by bettering the corporate administration to excite growing and investing. Germany and Japan both work toward the involvement of the company and workers as a collective. However Japan ‘s board construction is different as all members consist of former employees excepting â€Å" outside † managers apart from bank functionaries. The boards have more members than UK and Germany as some companies have over 60 managers. This proves really effectual as no domination of managers occur. Harmonizing to Allen and Gale ( 2000 ) , concentrating on stakeholders instead than entirely on stockholders, societies resources are being used expeditiously as employees, providers and clients are taken into history. This enhances productiveness, therefore bring forthing higher net incomes, profiting the house and stockholders. Since 1990 the UK have implemented many policies reforming the direction and administration of companies. These scope from codifications, studies, ordinance and statute laws ; but how effectual are they? To guarantee company involvements are aligned with stockholders, UK has imposed assorted commissions to supervise the effectivity. For illustration, audit commissions review audits yearly and overlook fiscal relationships between companies and hearers. Nomination commissions administer human resources and programs future managers. Compensation commissions examine direction actions and day-to-day operations. Furthermore the being of institutional investors has its advantages as puting in houses they have incentive and motive to supervise them. This leads to high public presentation degrees which reduces bureau costs. However, companies practise ST[ 12 ]net income maximization without LT be aftering doing companies underperform, therefore investors sell their portions and â€Å" issue † instead than â€Å" voice † their discontent ( occurs chiefly in Germany ) . Overall UK ‘s attack in supervising company involvement is effectual as companies have bulk of bing stock holders through the demand of commissions. The ‘Code of best pattern ‘ gives stockholders assurance that companies are runing with high degrees of transparence during determination devising procedures. From this, the â€Å" comply or explicate † system was created, whereby some freedom is left for companies to do effectual determinations. The additions from this is that ( 1 ) directors and stockholders follow the LT involvement of both the company and proprietors ( 2 ) distinguishes the civilization barrier single houses face since there are different degrees, size and ownership of companies, whereas codification of best pattern instils â€Å" one size fits all † regulation. Furthermore, codifications are more effectual than ordinances as companies can turn whereas implementing rigorous internal controls companies are limited to processs. Furthermore, codifications tackle more ‘softer ‘ jobs associating to best practise compared to ordinances i.e. preparation and back uping managers in th eir function. The Cadbury Report reflects the above whereby â€Å" The effectivity with which boards discharge their duties determines Britain ‘s competitiveness place. They must be free to drive their companies frontward, but exercising that freedom within a model of effectual answerability. This is the kernel of any system of good corporate administration. † For this system to work efficaciously stockholders require full revelation to ease them in their determinations and holding rights when dissatisfied. Consequently companies must unwrap information in their one-year studies saying how they have applied the combined codification and giving stockholders voting rights to dispatch managers. All these demands are set out under the company jurisprudence doing the system successful since it was adopted in EC[ 13 ]and included in the EUD[ 14 ]in 2006 ; sketching same rules. Empirical grounds show that UK has drawn near to the construct of ‘good ‘ corporate administration. Harmonizing to the FTSE ISS Corporate Governance Index and Governance Metrics International Reports, the UK has the highest mean administration score out of all the states. Furthermore 94 %[ 15 ]of UK pension Fundss considered corporate criterions in the UK has developed exceptionally. The undermentioned reforms revolve about two primary issues ( 1 ) deficiency of separation of direction and control and ( 2 ) quandary faced by non-executive managers in footings of monitoring. Accordingly UK ‘s current reforms indicated the demand for independent non-executive managers to understate struggles otherwise present. However, the disadvantage sing this independency is, there is less incentive to pass a sufficient sum of clip commanding company issues because they have no direct relationship with the company. In add-on, uncertainties on how much cognition they get besides poses a job. One possible polar solution that could be incorporated into UK administration is increasing the frequence and continuance of board meetings. Company information is really wide and complex particularly associating to LT fiscal public presentations, competitory place and organizational construction. Therefore it is critical that managers assign more clip to measure the information and deem upon past determinations and events. It is recommended that managers meet on a monthly footing for continual supervising and let managers to turn to all countries and inquire specific inquiries that affect the hereafter of the company. There are issues environing this proposal for illustration, readying, nevertheless the more frequent the meetings the less clip needed to fix as oppose to the clip needed for meetings held every one-fourth. Furthermore, meetings should non be limited to a clip agenda but instead should last until all facets are covered. This method is really flexible for illustration m eetings could last more than one twenty-four hours when a company is in a hard state of affairs. The advantage is that sentiments will be shared more openly and allows non-executive managers to be more involved ; this should be carried when discoursing the long term corporate scheme. Another solution is changing the composing of the board. In the ‘Combined Code ‘ subdivision A.3.2 it pronounces that â€Å" at least half the board, excepting the Chairman, should consist non-executive managers determined by the board to be independent † . This does non stipulate the maximal figure of seats in entire. Therefore it is advisable that the fewer managers, the more likely that each manager can play a dynamic and imperative function. The recommended figure should dwell of eight to ten managers in entire. This is so that there is adequate assortment and sufficient array of point of views. When there are more than ten or twelve members on the board, there will be a â€Å" free rider † job where some manager ‘s will halt preparing for meetings and rely on the work of others ensuing in subjects non being discussed in deepness. Finally UK should see adding a supervisory board like Germany and Japan as this will let wider diverseness among the determination devising procedures. Furthermore it will cut down maltreatments from dominate managers since there is changeless alteration of direction public presentation. Overall UK should discontinue to better bing constabularies and the challenge lies in maintaining UK ‘s corporate administration an plus instead than a liability for companies.

Ermogenous V Greek Orthodox Community of Sa Inc. [2002] Essay

1. CITATION. Ermogenous v Greek Orthodox Community of SA Inc. [2002] HCA 8; 209 CLR 95; 76 ALJR 465; 187 ALR 92 (7 March 2002) 2. COURT. HIGH COURT OF AUSTRALIA FULL COURT GAUDRON, McHUGH, KIRBY, HAYNE and CALLINAN JJ ERMOGENOUS, Spyridon APPELLANT v GREEK ORTHODOX COMMUNITY OF SA INC RESPONDENT 3. BRIEF STATEMENT OF MATERIAL FACTS. [1] The appellant alleged that he had been employed by the respondent since 18 March 1970 but had not received any entitlements to annual leave or long service leave upon termination of his employment in December 1993. The Magistrate from the Industrial Relations Court of South Australia found in favour of the appellant in the first instance but the Supreme Court of South Australia overturned the Industrial Magistrates ruling at the first appeal. It has been re-appealed to the Full Court of the High Court of Australia. 4. PROCEDURAL HISTORY. South Australia Industrial Relations Court [2] The case was first brought to the South Australia Industrial Relations Court and was heard by the Industrial Magistrate. The Magistrate found in favour of the appellant stating that the appellant had been employed under a contract of employment by the respondent for 23 years. [3] The respondent’s statement that there in fact was no contract of employment was rejected on the grounds that the appellant was recruited from America for the purpose of appointment as Archbishop and the role as head of the Australian autocephalous church. He met with â€Å"members of the committee of management of the South Australian Community† and at such a time an agreement was reached that he â€Å"would be paid similarly to the priest† and would be referred to as one of the â€Å"employees†. [4] Further evidence of the existence of legal relations between the parties was the respondent’s actions. The respondent deducted tax from the appellant’s salary, which was then forwarded to the Australian Tax Office (ATO). The respondent also provided evidence in the form of certificates stating the existence of an employer relationship to  the appellant, who was the employee. Supreme Court of South Australia [5] The decision of the Industrial Court was appealed to the Supreme Court of South Australia whereupon the case was heard by Doyle CJ and Bleby J. It was proposed that the presence of intention to enter into contractual relations should not be presumed, particularly when considering â€Å"remuneration and maintenance and support of a minister of religion†. [6] The Supreme Court reconsidered the Industrial Magistrates ruling that the parties had entered legal relations and had shown intention to do so. [7] His Honour Doyle CJ stated that â€Å"it is important to bear in mind that the [respondent] is not a church, in which the [appellant] held a clerical office†¦ The [respondent] is a body that fosters Greek culture in South Australia in the broadest sense†. He later went on to say â€Å"[i]n considering the inference to be drawn from the discussions in Adelaide, it is also relevant that the [appellant] was not providing services to the [respondent], but to members of the local Greek Orthodox Church†. 5. GROUNDS FOR APPEAL AND/OR ISSUES TO BE DECIDED. [8] Four issues were raised as the grounds for appeal. The first being whether the Full Court of the Supreme Court of South Australia had erred in any way in their decision that the Magistrate of the Industrial Relations Court of South Australia failed in considering if enforceable contractual relations had actually been entered into by the parties. [9] Secondly, relevant upon a negative decision of the first issue, whether the Supreme Court failed to consider the Industrial Magistrate’s reasons for deciding in regards to the issue of intention to create legal relations. [10] The third issue brought to the attention of the court was whether the Industrial Magistrate erred in his reasoning that enforceable contractual relations had been entered into by the parties on the consideration of the spiritual profession of one, or both, of the parties. [11] The final issue raised in the grounds of appeal was whether the Industrial Magistrate was correct in concluding that the parties h ad indeed entered into a contractual relation, being a contract of employment. 6. SUMMARY OF COURT’S ANALYSIS OF LAW. [12] The Court agreed with the Industrial Magistrate’s rejection of the proposition â€Å"that the relationship of a minister of religion to those who  provided for the minister’s necessities of life was, of its nature, incompatible with a contract of employment†. [13] As mentioned in Intention & Privity (2007), â€Å"discerning intention warrants intricate analysis of the facts – intention cannot be presumed purely based on the context or type of the agreement†. Similarly, the court considered the following matters: What was the subject matter of the agreement? What was the status of each party to the formation of the agreement? And, what was the relationship the parties held to each other? [14] The Archbishop was successful in establishing a ‘meeting of the minds’ during the initial talks and negotiations held in Adelaide in 1970 and as a result the Court found in favour of the appellant and that a contract of employment had been en tered into between the parties and further was enforceable by law. 7. PRINCIPLE OF LAW TO BE APPLIED. [15] The principle of law to be applied to the case is ‘intention to create legal relations’ and whether relationships involving the basis of religion would have an effect on the existence of a contractual relationship. [16] Their Honours made note that â€Å"it is said that it may be presumed that there are some â€Å"family arrangements† which are not intended to give rise to legal obligations and it was said in this case that it should not be presumed that there was an intention to create legal relations because it was a matter concerning the engagement of a minister of religion. For our part, we doubt the utility of using the language of presumptions in this context. †¦ Reference to presumptions may serve only to distract attention from that more basic and important proposition.† 8. DESCRIPTION OF HOW LAW APPLIED TO THE FACTS. [17] The character of the employment arrangement is continuously evolving, but in this case, their Honours interpreted the respondent’s actions: the respondent arranged to have income tax deducted from the appellant’s salary as well as issuing to the appellant cheques for travel and a variety of other incurred expenses. It was then reasonable to conclude that both parties had in fact entered into contractual relations of an employment nature which is enforceable at law. 9. DECISION. [18] The case was found in favour of the appellant with the first issue raised being decided in the affirmative, leaving the second issue non-existent as it does not arise. The decision of the third issue was negative. The fourth issue was remitted back to the Supreme Court for decision under the Full Court. 10. ORDER MADE BY THE COURT. [19] The appeal was allowed with costs and the issue of â€Å"[whether] the Industrial Magistrate correctly held that the relationship between the parties was regulated by a contract enforceable at law, it was, as he found, a contract characterised as a contract of employment†. Remit the matter to that Court for further hearing and determination conformably with the reasons of this Court. 11. SOCIAL OR CULTURAL CONTEXT. [20] Maria Keyes and Kylie Burns discussed the social context of the case in Contract and the Family: Whether Intention. They claim that â€Å"intention to create a contractually enforceable agreement is regarded as an immovable aspect of modern contract doctrine†. They continued to discuss the case in length, referring to the joint judgement given in the High Court: â€Å"The joint judgment recognised that the presumptions had been elevated to such an extent that they had become difficult, if not impossible, to rebut. Their Honours believed–correctly, in our view–that the presumptions of fact, which should merely signify where the onus of proof falls, had ossified into strict rules of law†. [21] Rogers CJ stated in Banque Brussels Lambert SA v Australian National Industries Ltd (1989) 21 NSWLR 502 that â€Å"[t]he whole thrust of the law today is to attempt to give proper effect to commercial transactions†¦. If the statements are appropriately promi ssory in character, courts should enforce them when they are uttered in the course of business and there is no clear indication that they are not intended to be legally enforceable†. ——————————————– [ 1 ]. (1997) 64 SAIR 622 at 651. [ 2 ]. (1997) 64 SAIR 622 at 651-652. [ 3 ]. [2000] SASC 329; (2000) 77 SASR 523 at 524-525 [4] per Doyle CJ, 575-576 [207] per Bleby J. [ 4 ]. (2000) 77 SASR 523 at 526 [9] [ 5 ]. (2000) 77 SASR 523 at 528 [17] [ 6 ]. [2002] HCA 8 at 56 [ 7 ]. 2007, Intention & Privity, The Future Role of Presumptions, StudentAtLaw [ 8 ]. (2002) 209 CLR 95 [ 9 ]. [2002] HCA 8 at 80 [ 10 ]. [2002] HCA 8 at 53 [ 11 ]. [2002] HCA 8 at 52 [ 12 ]. Keyes, Maria and Burns, Kylie 2002, Contract And The Family: Whether Intention? [ 13 ]. Keyes, Maria and Burns, Kylie 2002, Contract And The Family: Whether Intention? [ 14 ]. Banque Brussels Lambert SA v Australian National Industries Ltd (1989) 21 NSWLR 502, 523 and Keyes, Maria and Burns, Kylie 2002, Contract And The Family: Whether Intention?

Parents and Children Relationships Essay Example | Topics and Well Written Essays - 750 words

Parents and Children Relationships - Essay Example Parents and Children Relationships Children have indeed conflicted with their parents since a long time. One may think that children today are more likely to conflict with their parents. However, parent-child conflict is an old one, and this has been manifested in parents struggling to guide their children while children struggle to project their individuality. Regarding individuality, there are many aspects to look at. To begin with, developing one's individuality starts at an early age. Children learn to develop their own tastes in whatever they do, and in whatever social setting they grow up in. Parents often try and intervene and decide what is best for their children. Often, children disagree with their parents in such matters. In other cases, some children accept their parents' choices, but do not remain satisfied. Some children choose to over power their parents' decisions. This is particularly because parents often forget to give their children the flexibility they need to project their personalities. However, in many cases, children insist on choosing what they want even when certain things are not really good for them. This is where parents need to have the final say.Having a final say in matters is a tool that parents need to use very carefully. Often, parents can overuse this power, and it can be very damaging for their children (Ruys, 2005). Though it is an integral tool for many parents, it is one that must be used within reason. Parents of yesteryears and today have experienced the rebellious nature of their children at some point (McGloin and Widom, 2001,1022-37). Though this nature may be more visible today, children of yesteryears also struggled to be recognized as individuals. Apparently, the struggle by children to project their individual personalities in different ways is an instinctive nature in most developing children. It is one that parents need to understand and deal with appropriately. It is difficult and wrong to oppose or suppress this nature because one cannot and should not smother an individual's personality as it blossoms (Mahoney and Stattin, 2000, 114-26). Parents ought to handle their growing children as growing and unique personalities. Children need to be recognized as individuals. When children learn that they are being recognized as individuals, they feel more confident and grow up to be reliant on their own unique personalities. They also tend to understand themselves better this way. There is also need to exercise good control over children when necessary. This is because young minds may not always know right from wrong (Silk, 2003, 114-127). Parents need to inform their children in a positive way about what is right and wrong. Being firm at times is necessary, but not always. Sometimes, a better measure is to resort to drilling or engraining what is right and wrong from a very young age. This reinforces their awareness about certain things (Harde, 2002). If parents manage to engrain core values in their children, it becomes easier to explain to them why they should or should not do certain things when they grow older. However, having said that, there are numerous factors to consider as a child grows up (Harde, 2002). There are many unforeseen circumstances that families may land