Thursday, November 28, 2019

Rise Of Sociology Essays - Sociology, , Term Papers

Rise Of Sociology The Rise of Sociology The field of sociology evolved as a response to the impact of profound social and political fragmentation experienced in the West. A fundamental shift in both social and intellectual patterns created by the economic evolution of the eighteenth century led to great concern among scholars of the period. After emerging from the aftermath of intense religious upheavals brought on by the reformation movement, Europe experienced a series of revolutions that swept France, Belgium, Italy, and Poland, and threatened still others. The negative consequences of these changes ushered in a series of reforms, which had a lasting impact upon all of Western society (Kirchner, 1975). Sociology Essays

Monday, November 25, 2019

Improving Communications by Building Community At Microsoft †Communications Essay

Improving Communications by Building Community At Microsoft – Communications Essay Free Online Research Papers Improving Communications by Building Community At Microsoft Communications Essay In the early years, microsoft.com was just one of many computers tucked under a table at the end of a long hallway. It was designed to test Microsofts first 32-bit Windows implementation of TCP/IP, the software plumbing in Windows that enables Internet communications. Today, microsoft.com is the fourth-largest web site, powered by internal and external servers all over the world and visited by millions of customers daily. How the site got where it is now is a story of intelligent management decisions, especially in the area of communications. Microsoft sought out to build a strong organizational communications model to serve as the communications guiding force for all levels of Microsoft employees and customers. Some of the obvious questions to be addressed were: 1. Is the communications model currently in use adequate? 2. Do shareholders have any concerns about its communications methods? 3. How do employees communicate in the workplace? 4. Are employees allowed to communicate freely? 5. How does the public feel about communicating with Microsoft through its web portal? Is it user-friendly? This paper is a review of what the company implemented to advance managerial communications. Situation In 2006, Microsoft initiated Road to Excellence, the companys strategy was to significantly gain more World Wide Web market share, but there was a problem. The company had become a victim of its own rapid growth, mainly in its software division. A disparity in communications had arisen between key decision makers across the organization due to a simple lack of manpower. A strategy needed to be devised to address impending chaos. The strategy encompassed several initiatives and goals across divisions that focused on improving internal and external communications to boost overall performance and deliver sound growth. Microsoft Development and microsoft.com needed to align various levels of leadership and ultimately all employees with communications initiatives that could be truly measured, evaluated and improved. Strategy Implementation Recognizing the value and power of strategic change and communications to align employees with new goals, Microsoft asked CAB and Associates, a marketing consultant group, to conduct an audit of the value of its entire communications function. CAB was also asked to make recommendations for the launch of the audit as well as recommendations for sustained communications outreach. In working with the CAB team, the first step toward aligning employees to performance goals was to conduct an assessment of employees current perceptions. To determine the degree of employee understanding of the organizations vision and growth initiatives as well as the effectiveness of existing internal communications, CAB conducted qualitative research and quantitative surveys of employees perceptions and preferences (Corder, 2006, p. 21). To do so CAB created three teams to thoroughly evaluate and score Microsoft’s current communication processes, provide feedback, and suggest solutions for findings. Team I â€Å"Community Central† This team had the responsibility of â€Å"building community† within Microsoft by using any and all methods, within its reach. Paramount to this entire program was to build trust, which was vital in order to maximize unbiased results. It was their responsibility to correctly interpret, and share the mission, vision, and values of Microsoft’s communications goals. Team I initiated the process by building collaborative teams, using collective inquiry that were results, not intentions oriented, and that promoted continuous improvement (DuFour, 1998, p.25). Other responsibilities included evaluating the performance and findings of all sub communications assessment, and training communication training teams. Even though it was the command center for this communications improvement program, it was promoted to be seen as a support system available to all teams and participants, thus further reinforcing the â€Å"community† concept. Team II, Internal Communications â€Å"The Organization† The leaders of Microsoft knew they needed to transform the way in which employees thought about, measured, and managed communications within the business. After considerable research, they decided that using a computerized survey scorecard approach was the best way to align the organization with the companys communications goals. A team was designed to study all internal communications of Microsoft. For this evaluation, CABs internal communication department was particularly interested in deriving information in the areas of strategic message retention, perceptions of senior leadership, the companys vision and goals, correct communication channel selection, and evaluation of vehicle effectiveness and preferences (Munter, 2006, p.23). Additionally, they wanted to determine how employees were currently receiving and using information about Microsoft in general, and as a whole and the external marketplace. The Organizational Challenges Comprised of members from key areas of the business, Team II worked with CAB to develop a customized survey and scorecard for the company. How should the company launch their surveys and have employees understand how to transform their mental model of the business, given all of the other operational initiatives that were underway? An Integrated Solution A Survey Scorecard Knowledge Map (SSKM) was developed using multiple proprietary software packages that were deployed at random sites through one hour working sessions at various working hours and conditions (office, distribution, sales, etc.). The map was used to launch the scorecard concept, raise the participants awareness level and have each person critically think about his or her role in the business without having to worry about job responsibilities or distractions. The assessment found that while employees had positive perceptions of the companys direction and strategic initiatives, they were not retaining key messages around the new strategy. They also felt deluged with e-mail communications, liked CABs print publication but felt it to be less effective in terms of conveying information, and preferred, instead, more personal communications from senior leadership. Team III, External Communications â€Å"The Marketplace† Another leading software manufacturer and distributor faced unprecedented change. Customers were trimming internal operations that werent seen as core. Customers expected the steel vendors to offer these operations as value added services at a minimal price. In addition, the amount of business that was sold off of list price had fallen from 70% to 30% in three years and the downward pressure on pricing was increasing dramatically. This team had the privilege of evaluating Microsoft’s external communications. The team designed and implemented e-mail and print assessments, conducted telephone interviews, captured a representative sample of customer input from a base that included participants at all levels, geographies and years of experience. In total, approximately 4,520 persons were surveyed. Results The CAB internal communications team had restructured all employee communications to better focus on company performance and progress-tracking. Microsoft was now in a stronger position to support senior leadership with practical advice on implementing quarterly, cascaded employee communications forums, and have redesigned print and electronic publications to reflect growth initiatives and goals. In addition, the communications campaign, delivered through a computer delivered scorecard had enabled employees to better anticipate the level of performance required within the context of their assigned duties. Improved communications were proven to be at the heart of delivering results and winning support from every area of Microsoft that eventually improved the companys profitability, growth and market share. In fact, communications were found to be so important that they need to be strategically managed in the same way that operations, finance, administration, technology, human resources and other facets of the business were managed. There had never been a time when effective communications had been more important. Microsoft had entered a business era that had been transformed by constant change and transition, leadership challenges, evolving technologies, and global markets that were best described as unpredictable, fast-paced and unforgiving. CAB provided strategic counsel, expert guidance and implementation support on all critical communications issues. CAB’s global team of communication and business professionals helped Microsoft understand, enhance, and manage the perceptions of their company in the eyes of their critical audiences: Shareholders and the investment community The companys senior management team and Board of Directors The companys employees, at every level The media and, by extension, the public Opinion leaders who impacted corporate reputations CAB took the initiative to enhance shareholder value by fostering clearer two-way communications with the investment community, and aligning employees at all levels to ensure commitment to the Microsoft’s vision, values and communications operating Communications Strategy 8 strategy. CAB’s combination of professional expertise, geographic reach, breadth of services, and depth of resources was proven to be truly unique in the corporate communications consulting industry. Conclusion Based on the results of these assessments, Microsoft developed a comprehensive recommendation for multi-level, aligned communications that focused on the companys growth strategy. Also based on the facts, CAB provided recommendations for a communication campaign to launch an ongoing survey process to a random selection of Microsoft’s general employee audience. The launch included a celebratory event concept to further build community and promote employee buy in that offered a continuous flow of updates, available to employees and shareholders. CAB helped accomplish these tasks by delivering measurable business results. Their approach began with a careful identification and analysis of Microsoft’s key constituents, their perceptions of the company, their behaviors that resulted from those perceptions, and the drivers of information that would improve those perceptions. Experts in CAB and Microsoft’s corporate and financial communications were deployed in every major facet of the business to include the input of everyone involved with Microsoft, especially professionals with extensive backgrounds in senior communications management, journalism and marketing. With this in place, the teams had what they needed to offer the best assessments and solutions for overall communications at Microsoft. References Corder, L. (2006). The Snapshort Survey. Chicago: Dearborn Trade. DuFour, R. (1998). Professional Learning Communities at Work. Bloomington: National Educational Service. Munter, M. (2006). Guide to Managerial Communication (7th ed.). Upper Saddle River: Prentice Hall. Research Papers on Improving Communications by Building Community At Microsoft - Communications EssayThe Project Managment Office SystemAnalysis of Ebay Expanding into AsiaOpen Architechture a white paperResearch Process Part OneMarketing of Lifeboy Soap A Unilever ProductIncorporating Risk and Uncertainty Factor in CapitalEffects of Television Violence on ChildrenTwilight of the UAWInfluences of Socio-Economic Status of Married MalesBionic Assembly System: A New Concept of Self

Thursday, November 21, 2019

Classical Criminology vs. Biological Determinism Essay

Classical Criminology vs. Biological Determinism - Essay Example Human beings in his theory are believed to be hedonistic, acting in terms of their own self-interest, they are rational and are capable to consider the course of action that is really in their self-interest. In 'On Crimes and Punishments', Beccaria stays that in just society punishments ought to be proportional to the degree of crime, they ought to bring to mind the crime in the mind of observes, to strengthen the connection in the people's mind between the crime and the punishment. [Beccaria, p. 13-15] Beccaria's Classical Criminology claims that people by their nature are 'selfish and pursue their self-interest; they want to avoid pain and increase their happiness' [Ellis, L. & Walsh, A., p. 17-18] Also they are 'rational, capable of calculating what is really in their self-interest, and therefore can be considered to be free' [Beccaria, p.7-8] Biological determinism, appeared in the 1920s, stays that 'biological factors such as an organism's individual genes completely determine how a system behaves or changes over time'. [Gibson, M., p.34] Considering certain human behavior, for example, committing murder, biological determinism look only at 'innate factors, such as genetic makeup', ignoring non-innate factors, such as social customs and expectations, education, and physical environment. As for the human nature, Lombroso thinks that 'all human behavior is innate and cannot be changed or altered'. The theory of biological determinism claims that 'humans - their appearance, behavior, and even long-term fate - are entirely determined by genes' [Ellis, L. & Walsh, A., p.36]. Biological determinists deny that effects of environmental variables on a gene, and a single mutation can have far-reaching effects on the phenotype. Lombroso also states that everything in a person innate. According to his theory, the criminals cannot be reformed - they were 'born that way', that suggest a kind of defense for the criminal. [Lombroso, C., p.17] Moreover, biological determinism divorces human action from human responsibility, where the blame for actions is placed on the genes exclusively; it also negates the idea of free will entirely, because all behavior is said to be controlled by the genes. Based on the theory of the social contact, Beccaria suggests that 'if people lived without government, their interests would conflict and their lives be that of perpetual war. There would be no secure and hence little happiness'. [Beccaria, C., p.117-119] So that, he continues to think that 'therefore, people agree to give up some of their freedom for the sake of their overall security and happiness' - they make promises not to do some activities, but do others. These promises he calls 'laws', and stays that 'laws are the terms under which independent and isolated men come together in society, in order to enjoy what remains in security and calm' [Beccaria, C., p.39]. Beccaria says that people's behavior need to be controlled by the government with the help of laws, while biological determinism assume that human behavior is governed by the genes, and 'the environment here is not at all important in the determination of appearance, behavior, and functionality'. [Ellis, L. & Walsh, A., p. 76] As for the government, Classical Criminology (Caesar Beccaria, in particular) perceives it as the 'sum' of the individual promises - so that, people have created the government in order to defend their mutual promises by laws and

Wednesday, November 20, 2019

Critically examine the relationship between war and underdevelopment Research Paper

Critically examine the relationship between war and underdevelopment - Research Paper Example There is the presentation of a typology of wars together with the review of several literatures indicating the relationship of war and underdevelopment. Generally, wars particularly the civil war is considered as one of the primary reasons of economic underdevelopment as well as human suffering1. However in spite of this, economic examination of developing countries at war is comparatively uncommon. At the same time as the global confrontation involving communism and capitalism at the time of the Cold War did not lead to nuclear Armageddon, all through the forty–year period several nations in the ‘Third World’ were involved in war. From the time of the 1950s and 1990s, fifteen million deaths were resulted directly or ultimately by wars of every kind in developing countries. These also include the global conflicts, government violence against citizens as well as civil war. Provided the conclusion of the Cold War, there was a changeover in the direction of peace in the majority of the regions in which conflict had been fired up by East-West aggression. However while this aggression lessened from the 1980s and on, new wars emerged which were particularly unique from the wars by replacement and procedures of anti-colonial resist and nationwide emancipation which had set apart developing country wars at the time of the Cold War era. These wars, on the other hand, carried on to be situated nearly completely in developing countries: from 1989 to 1995, there were between 31 and 54 globally documented struggles in each year, and an average of 15 major wars happening at any time. A number of older ideological struggles continued in a unique manner, like the one in Afghanistan, whereas other long–lasting separatist struggle turned out to be stronger, like that of Sri Lanka and Eritrea. The Central American conflicts came to a conclusion in a troubled deadlock; however sometime after it broke out again in Mexico. Territorial as well

Monday, November 18, 2019

J,crew in Syracuse Destiny USA Case Study Example | Topics and Well Written Essays - 1000 words

J,crew in Syracuse Destiny USA - Case Study Example orty-eight thousand three hundred and forty seven in the primary trade area and ninety six thousand eight hundred and ninety-four in the secondary trade area. The projection for the store by 2015 is to reach sixty thousand households in the primary trade area and one hundred and ten thousand households in the secondary trade area. In 2010, the median age was 32.8 and 36.7 respectively for the primary trade area and secondary trade area. With an average age been 32.1 and 35.49 as the primary trade area and secondary trade area respectively. By using the world’s best craftsmen and fabric mills, J. Crew offers a distinctive line of luxury lifestyle clothing. Most of its shoppers are women and often visit the store for its cashmere sweaters. Offering of quality products and services that the stores competitors do not offer gives the store an advantage (Chevalier & Gutsatz, 2012). With strategies put in place to overcome the lower prices the competitors have, for instance by ensuring that the store has a wider selection the consumer can pick from. The store went an extra mile of doing market research that constituted of a consumer study where there was an inquiry of what the customers preferred. Other factors were, the most affordable and favorable prices, what they valued most regarding products and services provided, as well as what they valued least about the store’s business. Through the inquiry, the store managed to know what exactly it is the consumers anticipated having. The store management shopped in their competitors store and experienced their customer service first hand (Chevalier & Gutsatz, 2012). They spoke to a few shoppers and were interested in knowing what the shoppers liked and disliked about their competitors store. This gave them a chance of improving on their customer service and working on the likes, dislikes that their competitors had. The store dared to be different and focused on a narrow but profitable niche rather than possess a

Friday, November 15, 2019

Employment Law Problem Question

Employment Law Problem Question Title: EMPLOYMENT LAW : In undertaking this essay, the writer will; identify the issues involved in Julia’s case scenario, define and explain those issues using relevant Law whilst applying them to Julia’s case. The writer will subsequently advice Julia and then conclude. The legal issues identified in Julia’s case are; contract of employments and their variation, victimisation, wage deduction, breach of contract and available remedies such as unfair dismissal, constructive dismissals and wrongful dismissal. ‘A contract of employment is an agreement entered into by an employer and an employee under which they a have certain mutual obligations. They may be oral or written and may be indefinite or for fixed terms’[1]. There’ an offer and acceptance supported by consideration. Offer usually coming from the employer and acceptance may be by conduct i.e. turning in for work[2]. It follows that Julia entered into a contract of employment on turning up to work with Silkos in March 2004. The holiday term may not have been agreed by her at this time but where there is ambiguity as to the contract, the courts look at an advertisement and letter of appointment to spell out terms of the contract or to decide terms agreed as in Deeley v British Rail Engineering ltd[3] (and Pedersen b Camden London Borough)[4]. Julia may rely on the advertisement and any willing witnesses to their agreement on the issue of holiday. Practice of the parties are relevant to the courts, In Dunlop Tyres Ltd v Blowers[5], the practise of paying treble time existing over 30 yrs were considered. The law requires that a written statement of terms be given to the employee within two months of starting work (as provided by The Contracts of Employment act 1973 and employment protection rights act 1996 (ERA)). Julia’s employer breached this rule, by being a month late to provide the statement, and only after Julia’ grievance process. The statement must contain names of employer and employee, date of commencement of employment, brief description of the work, remuneration details, holidays, sickness coverage, pension rights, notice, disciplinary process e.t.c To vary any contract there must be express or implied consent from both parties but it must be supported by consideration. Conduct may suffice from employee working under altered conditions. Flexibility clauses such as ‘the employee will perform such duties as are from time to time assigned to him by the board of directors or managing director’[6] are to legally aid employers and employees in varying terms without legal problems, without these clauses, Donaldson LJ’s remarks in Janata Bank ldt v Ahmed[7], that ‘the continuously changing contract is unknown to law’[8] Establishing variation is important and different from ending a contract, if an employer on his own enforces a variation without an employees consent, he breaks the contract of employment, and the employee is free to choose whether to accept the fundamental breach, and resign, or to carry on working and seek damages as was the case in Burdett-coutts v Hertfordshire[9]; Rigby v Ferodo ltd[10]. Julia may decide to end her employment this way as she may argue that she had not consented to the holiday term and the deduction/variation of her wages and working conditions. It was held in these cases- Jones v associated Tunnelling Co. ltd[11]; Courtaulds Northern Spinning Ltd v Sibson and TGWU[12]; Aparau v ICELAND Frozen Foods plc[13] that failing to object to disadvantageous statement of terms is not acceptance of them especially where the terms are of no immediate practical importance. It suffices that even though Julia has been silent on the issue of the four week holiday, she has not accepted the term, but her conduct may imply that she consents. for example, she has worked for two years and must have taken annual holidays, this may be viewed as consent but she could still argue that she was not able to start another grievance process because she is feels victimised having done so in the past. If terms are not agreed, the tribunal may confirm details given, amend or replace contract terms by substituted particulars as held in Mears v Safe car Security Ltd[14] and supported by the EPCA 1978, s 11, this power cannot be extended to holiday, holiday pay, sick pay, pensions or disciplinary rules where none existed by agreement between the parties because there is no requirement to include this in the contract, as held in England v British Telecommunications plc[15]. Julia is still protected by her statutory rights regarding these benefits. If a deduction of wage has been made without employee’s consent, this is regarded as a fundamental breach of contract and termination of the same as held in Hogg v Dover College[16]. Following this, the Julia may claim termination if her wage has been deducted without her consent. In Horrgan v Lewisham London Borough Council[17], Arnold J,said: ‘It is fairly difficult†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..and it is very necessary if one is to do so, to have very solid facts which demonstrate that it was necessary to give business efficacy to the contract,†¦. way of variation’[18].Silko’s may rely on this provision but will fail on the manner in which they are seeking to make the variation. In Marriot v Oxford and District Cooperative Society[19], Lord Denning MR found that ‘†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. By insisting on new terms to which he never agreed, the employer did..†¦. terminate the old contract of employment’. ‘†¦.case law suggests that employers must make it clear that he is terminating one contract and offering another, otherwise there is a risk that the employee can claim in the courts of tribunals’ rights forgone under the old arrangement’[20]. It is arguable that by seriously changing the terms of Julia’s wages and responsibility, the employer may have brought an end to her employment. In Sheet Metal Components ltd v Plumridge[21], Sir John Donaldson said; ‘ the courts have rightly been slow to find that there has been a consensual variation where an employee has been faced with the alternative of dismissal and where the variation has been adverse to his interests’, the same is the situation in Norwest Holst Group Administration Ltd v Harrison[22].Julia may strongly rely on these provisions. In Burdett-Coutts v Hertfordshire County Council†¦ an employer may end a contract by breach when seeking to vary the terms; the courts may interprete this as dismissal. The House of Lords in Rigby v Ferodo Ltd[23]established that the employee must consent to termination, and reduction of wages is not automatic termination. Also in Miller v Hamworthy Engineering Ltd[24] . It is therefore advisable for employers to give proper notice to terminate one contract, before offering another, not doing so-as in Julia’s case- carries risk of an employee claiming for unfair dismissal. ‘It is implied into a contract of employment that an employer will provide and monitor for employees, so far as is reasonably practicable, a working environment that is reasonably suitable for the performance by them of their contractual duties’[25]. So in Waltons and Morse v Dorrington[26] it was held that an employer must not act in such a way as no reasonable employer would act’[27]. This case is supported by Clark v Nomura International plc[28], and Johnston v Bloomsbury Health Authority[29] and walker v Northumberland county council[30]. It appears that the employer has breached this implied contract term by ‘copying’ Julia’s grievance issue. It is also implied into a contract of employment that an employer must take any action having regard to avoid ‘either imposing workload on the employee or acquiescing in the assumption by the employee of workload that was reasonably foreseeable may cause physical or mental injury’ Marshall specialist vehicles ltd. V Osborne[31]. This is clearly breached by increasing the expectation to meet the same targets with less number of people in her team e.t.c. Express and implied terms must be capable of coexistence in the contract without conflict (Johnstone v Bloomsbury Health Authority[32], Aspen v Webs Poultry and meat group (Holdings) ltd[33].Julia’s express term of three week holiday is not in compliance with her statutory right to a four week minimum, as other implied terms can be excluded except if there is any statutory restraint, such as the rights to guarantee pay, equal pay, notice and maximum working hours. Section 27 of the ERA 1996 defines ‘wages’ as any sums payable by the employer to the worker in connection with the employment including ‘any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise’[34].. A deduction of wages includes a failure or refusal to pay the amount agreed to be paid in exchange for employee’s work, Delaney v Staple[35] regardless of reason McCree v Tower Hamlets London Borough Council[36]. Even though Silko’s will breach the employment contract between her and Julia’s if her wages are deducted for valid economic reason. They must seek her consent in written form to obtain deduction. In Discount Tobacco and Confectionery Ltd v Williamson[37] ,a retail case where it is permissible to reduce only a tenth of their daily wages with consent on missen items in the shop,It was held that the employers could deduct only in relation to the last event where consent was given. Potter v Hunt Contractors ltd[38] and Fairfield ltd v Skinner [39] It is illegal to contract out of this provision. The working Time regulation 1998 came into force on 1 October 1998 and was designed to achieve, ‘a better balance between work and home’, ‘greater choice over hours of work’ and ‘improvement in health’[40].Regulation 13 of provides annual leave of four weeks minimum. It allows a worker to complain if he suffers action short of dismissal for pursuing his entitlement, and unfair dismissal is also available on the same principle. Julia may pursue her holiday rights following this. According to Sex Discrimination Act 1975,s4(1)’ RRA 1976, s 2(1)’Unlawful victimisation arises where a person is treated less favourably because he; brings proceedings, gives evidence or information, alleges a contravention or otherwise acts under the equal pay, sex discrimination or race relations acts or intends to do any of these things’[41]. To succeed in a claim of victimisation the applicant must show that one of the acts above done by the applicant-such as bringing an earlier complaint of discrimination- has influenced the alleged victimiser in his unfavourable treatment of the applicant as was held in Aziz v Trinity Taxis ltd[42]. In Nagarajan v London regional transport[43] , His motives are unimportant according to the House of Lords. Julia may seek redress under this provision on the basis that she was victimised because she instigated grievance proceedings in trying to assert her rights to her statement of particulars. She was made aware of her disadvantage for asserting these rights. In Lindsay v alliance and Leicester plc[44], a person had made an application for promotion and had instituted a grievance on grounds unconnected with the Race Relations Act 1976. Chief constable of west Yorkshire police v khan[45] and commissioners of Inland Revenue v Morgan[46]. According to the acas paper, ‘consultation on the draft employment equality (age) regulations 2006 (July 2005)[47], firstly an action is taken, such as a complaint or allegation and secondly the person is treated less favourable because of such an action. Julia qualifies to claim victimisation on the basis of this provision. Clearly, there have been significant breaches in Julia’s employment with Silko’s in ; her statutory rights to receive statement of particulars within two months, holiday rights, potential variation/termination of her contract with regards to reduction of team members and wages, victimisation for asserting her statutory rights e.t.c. For all these breaches Julia is entitled to redress in the civil courts or the employment tribunals, in the form of damages for unfair dismissal and or wrongful dismissal by reason of constructive dismissal, redundancy e.t.c. The Employment rights Act 1996, the Employment Act 2002 and The Employment Equality (Age) Regulations 2006 cover unfair dismissal. Basically employees can be dismissed unfairly. Qualification for this right is by a working period of a year with the employers but there are exceptions, where; dismissal is connected to trade union membership or activities (Trade Union and Labour Relations (Consolidation) Act 1992) pregnancy of childbirth, maternity, adoption, paternity or parental leave, asserting a statutory right, claiming the national minimum wage and asserting rights under the working time regulations. From these provisions, it is obvious that Julia qualifies for a claim on both the basis of a year qualification and automatically unfair reasons. The act mentions fair reasons for dismissals as; capability or qualifications, conduct, redundancy, illegality or contravention of a statutory duty and some other substantial reason. There is no fair reason to dismiss Julia it appears. An employer must act fairly and reasonably in dismissing an employee or may be faced with a successful claim for unfair dismissal regardless of fair reason for dismissal. The employers have not satisfied either of these criteria in Julia’s case. A constructive dismissal occurs when an employee leaves a job but then claims that their employers left them no choice but to do so, either by their actions or by implication. It is an unfair dismissal claim but the employee must prove that their employer’s behavior caused them to end the contract. Julia has every reason to institute unfair dismissal claim by reason of constructive dismissal because of the behavior of her employers. According to the trade union and labour relations consolidations act 1992, it is automatically unfair to dismiss an employee if they ‘indicated that they supported or did not support recognition of a union (or unions)’[48], clearly Julia did not support the union and may argue- on application for unfair dismissal- that she was victimized for this reason. If an employee proves this behavior, the employer becomes guilty of wrongful dismissal and if unable to prove that the forced dismissal was fair, they become liable for unfair dismissal too. Statutes now suggest that the employee must raise a grievance at least before bringing the claim to the tribunal, which would eliminate constructive dismissal and warn the employers.[49] Wrongful dismissal claim is for a breach of contract and can be brought by any employee, and only requires one month employment. Notice is required but depends largely on how long an employee has worked. After one month it is a week’s notice, after two years, it is one week’s notice for each complete year to a maximum of twelve weeks on and after twelve years. The remedies for unfair dismissal are reinstatement, re-engagement and compensatory award. Compensatory claim has two components, the basic award which takes the age of the employee into question and has no minimum limit and the compensatory award which provides what is just and equitable as compensation, having regard to the loss suffered as a result of dismissal. It is now a maximum of 55,000 pounds, but in dismissals rendered unfair under the public Interest Disclosure Act 1998, there is no limit.[50] For wrongful dismissal, the remedy are for breach of contract and is usually the [51]wages and benefits that the employee would have earned if due notice had been given (Radford v De Froberville[52], Shove v Downs Surgical plc[53]. The writer advices that Julia may firstly use the grievance procedure agreed on her contract first, but only if she feels comfortable with so doing, if not-and from the case scenario, it seems not- she still has a strong case for unfair dismissal regardless of the fact that she is ‘uncomfortable’ using the agreed grievance procedure-the tribunal will her reasons for ‘discomfort’ favorably. The suggested grievance procedure is taken favorably into account in granting awards for damages. The writer will also advice her that compensatory award for damages in the case of an unfair dismissal claim is more generous than for wrongful dismissal and she may apply on the basis of constructive dismissal because if successful-and it appears she will-the employer will be unable to prove that the dismissal was fair, and will incur damages for unfair dismissal. Damages are then awarded. She chooses between the employment tribunal and the civil courts, but the writer suggests she pursues this through the tribunal because of its less rigid procedures and costs. She must keep all records from the time of employment till the time of making the application, she must also be aware that there are time limits for bringing the claim to the tribunal but a generous time limit is given by the civil courts. The earlier the better for her because records and evidence do change. Bibliography Books A.McColgan, Discrimination Law; text, cases and materials 2nd edition P.CHANDLER, Wauds Employment Law: The Practical Guide for Human Resource 14th edition, J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005 G.Duddington,. John, Employment law, Pearson Education, 2003 GOULD, T. (2007) Unfair dismissal: a guide to relevant case law. 25th ed. London: LexisNexis Butterworths. GUINAN, G. (2007) Do dismissals by the book. People Management. Vol 13, No 18, 6 September. p22 Journal articles Vorste, G. School staff sacked for tying up student in classroom, published 15 February 2008 14:24 Consultation on the draft, Employment Equality (Age), Regulations 2006 Internet resources Writer unknown, Previous misconduct counts in dismissal decisions, viewed on 18 February 2008 11:00 http://www.personneltoday.com/articles/2008/02/18/44427/case-of-the-week-previous-misconduct-counts-in-dismissal-decisions.html Writers unknown, employment law resources for practitioners, viewed 18 February 2008 14:00,http://www.cipd.co.uk/subjects Writers unknown, employment law resources for practitioners, viewed 18 February 2008 15:00http://www.hrmguide.co.uk/hrm/steele/index-2007.htm Writers unknown, employment law resources for practitioners, viewed 18 February 2008 17:00http://www.hrmguide.co.uk/hrm/steele/index-2007.htm Writers unknown, employment law resources for practitioners, viewed 18 February 2008 14:00 http://books.google.co.uk/ Writers unknown, employment law resources for practitioners, viewed 18 February 2008 14:00http://www.berr.gov.uk/files/file16397.pdf [1] http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page16161.html [2] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.45 [3] 1979) IRLR 5, [4][1981] IRLR 173 [5] 920010 IRLR 629 [6] Op. cit. [7] [1981] IRLR 457 at para 50 [8] (see parry v Holst and co.ltd.(1968) 3 ITR 317, Dal v A.A. Orr [1980] IRLR 413). [9] CC[1984] IRLR 6 [10] [1987] IRLR 516 [11] [1981] IRLR 477 [12] [1988] IRLR 305 [13] [1996] IRLR 119 [14] [1982] IRLR 183 [15] [1993] IR 644 [16] [1990] ICR 39 [17] [1978] ICR 15 EAT [18] Op.cit. [19] (no.2) [1970} 1 QB 186 [20] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.46-49 [21] [1974] ICR 373 [22] [1984] IRLR 419 [23] [1987] IRLR 516 [24] [1986] ICR 846). [25] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.46-49 [26] [1997] IRLR 488 [27] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.46-49 [28] [2000] IRLR 766 [29] 1991] IRLR 188 [30] [1998] IRLR 35 [31] [2003] IRLR 672 [32] [1991] RRLR 118[1991] ICR 269 [33] p1996] IRLR 521 [34] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.80-81 [35] 199] IRLR 112, CA [36] [1992] ICR 99 [37] [1993] ICR 371 [38] [1992] ICR 337 [39] 1992] ICR 836 [40] http://www.acas.org.uk/index.aspx?articleid=806 [41] Discrimination Law: Text, Cases and Materials By Aileen McColgan [42] 1988] ICR 534 [43] ( [1999] IRLR 572 [44]200 ICR 1234 [45] [2001] IRLR 830 [46] 2002] IRLR [47] consultation on the draft employment equality (age) regulations 2006 (July 2005) [48] http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page16161.html [49] ibid [50] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005 page392-394 [51] Ibid. Pg page299 [52] (1977) 1 WLR 1262 [53] (1984) IRLR 17

Wednesday, November 13, 2019

Themes in Raymond Carvers Literature Essay -- Papers Carver Short Cut

Themes in Raymond Carver's Literature In Short Cuts, by Raymond Carver, characters experience trials and problems in their lives, whether extreme such as in " A Small, Good Thing" and "Lemonade" or nominal such as in " Vitamins". They all seem to depict these struggles as uphill battles which the characters cannot and mostly do not overcome. The characters throughout Carver's "Short Cuts" struggle through their lives in private desperation, often to ultimately realize that they are bound to the truth of who they really are, which is shown in the story "Neighbors." In "Neighbors", Bill and Arlene Miller are a couple with menial jobs who give credence to the saying "the grass is greener on the other side of the fence". They are dissatisfied with their own lives and look to the lives of their neighbors to find happiness in their own. Once a happy couple, they often feel that "they alone among their circle had been passed by somehow (13)." They did not discuss how they could change their own lives, but merely compared their lives with the Stones. "They talked about it sometimes,...