Advice for Injury Compensation Claim

The accident’s that happened in the private properties or organizations are sufficiently basic and the business or the land owner is at risk to pay for the wounds if just their carelessness can be demonstrated in the courtroom (Lewis, Morris and Oliphant, 2006). This occurrence concerning a fall and back injury brought about by spillage in an Aldi general store falls under this classification and as the legitimate adviser’s report; this will consider the means that ought to be taken by Tamara to guarantee she gets pay for the injury brought about by the mishap. To begin with, it ought to be expressed that the general store isn't significant and the way that is referenced for the situation that just ALDI stocks the specific brand is unimportant comparable to the case. All organizations regardless of their size or strength are subject for the wellbeing of the buyers on the premises. As indicated by the occupier’s risk act 1957, the administration of the store is liable for any episode bringing about injury to any representative or client (Buckley, 2006). Accordingly, the conditions that caused Tamara to run are unessential as the spillage that caused her fall and ensuing injury ought to be centered around (Bennett and Gibbeson, 2010). From the law and case records, it tends to be gathered that the hazard to security can't be wiped out so if the mishap was brought about by some activity or inaction of a particular individual and could be forestalled then the proprietor of the property has been acting in a careless way. The carelessness to cure the issue, cautioning of the threat or answering to the specialists is esteemed as legal obligations and the inability to keep up the security of the premises is viewed as carelessness. The administration of the sheltered condition is the duty of the land owner so for this situation the Aldi market authority is liable for the circumstance. The Health and Safety at Work Act 1974 for this situation is likewise applied as the upkeep of a solid and safe workplace depends on a similar rule and the store is a position of work for the staff. Regardless of whether it was not one of the staff who was liable for the spillage that caused the mishap the obligation of the working environment falls on the business as the clients are the individuals who are straightforwardly influenced by the demonstrations of the representatives (Kachalia et al., 2008). The Management of Health and Safety at Work Regulations 1999 likewise specifies that the dangers of the outings and falls in the premises should be assed intermittently by the proprietor or the assigned individual. Any workers who were on the job in the region ought to have announced the spillage that was before the solidified food segments and legitimate advances ought to have been taken to cure the circumstance or if nothing else give adequate admonition to the individuals to stay away from any such injury. It tends to be effortlessly inferred that being an individual in full control of her abilities Tamara would not have run if there were a â€Å"wet floor† or risk sign in the territory. So this can be effortlessly used to demonstrate the way that store authority was careless in the matter of security from outings or falls. The Workplace (Health, Safety and Welfare) Regulations 1992 is all the more clear on the issue as the best possible state of the floor that should be kept up by the proprietor of any premises and there should be an admonition sign on the portion to guarantee that the clients are coordinated to move around the region to stay away from injury. Nonetheless, there was no sign on the territory of the spillage permitting Tamara to be cautioned of the perils (Lewis, 2006). Thusly, the clarified laws are sure about the matter of the mishap that calls attention to the obligations of the proprietors of the store and their administration to demonstrate that for this situation they disregarded their duty to guarantee security of client sand are subject to be pay for the harms brought about by their obliviousness. The methodology of the case preceding the determination of a legal advisor had some expertise in injury claims are offered underneath to manage the endeavors of the offended party Tamara. The mishap happened at a position of business so the important guideline have just been considered based on the legitimate help of the episode from the significant laws and as indicated by the subtleties the occurrence can be ordered as an injury craftsmanship a business premises and the sort of injury is slips, outings and falls. Tamara needs to make reference to plainly about the individuals who were available at the hour of the episode and the applicable pictures of different confirmations in regards to the occurrence and the reason for the episode should be accounted in detail for the assistance in the assortment of supporting proof to demonstrate the carelessness of the entrepreneur. The Witness accounts are the most significant piece of p [roving the obligation of the storekeeper (Young, 2010). A section in the general store mishap book should be recorded and realities of the occurrence should be checked on to guarantee the veracity of the record. Records of any clinical assessments is likewise principal to the case and the documentation that presents the cost of the treatment is critical in deciding the sum to e paid by the capable association Aldi in reward. For this situation, the injury was broad and the clinical reports specifying the degree of the injury should be given as evidence of the degree of the injury. The loss of pay for the period Tamara was hospitalized and restoring are significant in deciding the sum to be guaranteed in pay (Alexander, Badial and Klein, 2006). Tamara needs to request the CCTV film of the store observing the area so Tamara can introduce the subtleties of the occurrence at the court as offended party. The market Aldi is obligated to give the record of the occurrence under the opportunity of data act 2000. The report layout both the systems of making the case and the points of interest of the occurrence as far as the various laws pertinent in the situation to offer assurance to the case and adjusts the particular case to the legalities material in the laws. Along these lines, the report can without much of a stretch guide Tamara through the underlying procedures of the case under the steady gaze of recruiting a specialist attorney. Alexander, D. A., Badial, R., and Klein, S. (2006). Individual injury pay: no case without torment?. The Psychiatrist, 30(10), 373-375. Bennett, L., and Gibbeson, C. (2010). View of occupiers' obligation hazard by bequest directors: a contextual investigation of dedication security in English graveyards. Global Journal of Law in the Built Environment, 2(1), 76-93. Buckley, R. A. (2006). Occupiers' Liability in England and Canada. Precedent-based Law World Review, 35(3), 197-215. Kachalia, A. B., Mello, M. M., Brennan, T. An., and Studdert, D. M. (2008). Past carelessness: avoidability and clinical injury pay. Sociology and medication, 66(2), 387-402. Lewis, R. (2006). How significant are safety net providers in remunerating claims for individual injury in the UK?. The Geneva Papers on Risk and Insurance Issues and Practice, 31(2), 323-339. Lewis, R., Morris, An., and Oliphant, K. (2006). Tort Personal Injury Claim Statistics: Is there a Compensation Culture in the UK?’. Torts Law Journal, 14, 158. Youthful, D. (2010). Presence of mind, regular security. Bureau Office, HM Government, London.â

Guns, Germs, and Steel :: History, European Dominance

All through history, there is a pervasive subject. In life’s unending cycle, the Europeans consistently figure out how to eclipse different developments. How can it be that the Europeans overwhelmed different races? All through Guns, Germs, and Steel, Jared Diamond frantically endeavors to respond to Yali’s question asking â€Å"Why is it that you white individuals grew so much load and carried it to New Guinea, however we dark individuals had little payload of our own† (Diamond, p. 14)? In the Epilog, Diamond sums up his response to Yali’s question basically crediting nature for the achievement of the Europeans and dishonors racial prevalence of any kind (Diamond, p.405). Albeit different variables added to the ascent of the European human advancement, the earth was the fundamental factor. Some particular components falling under condition that influenced the European human progress are topography, food creation, and dispersion and populace. The topography of Europe added to its strength over different human advancements. The Chinese seemed to have everything. They had an ascent of food creation, the biggest human populace on the planet, and created composing and above all they were bound together nation (Diamond, p.411). The European coastline was exceptionally indented with five enormous landmasses which all developed autonomous dialects, ethnic gatherings, and government. China has a much smoother coastline with land that is less dissipated contrasted with Europe (Diamond, p.414). â€Å"Europe’s geographic balkanization† and disunity among the states created many contending, and yearning states (Diamond, p.416). States were caused to remain alert to attempt to out due what another state had recently achieved on the grounds that they knew â€Å"if one state didn't seek after some specific development, another did, constraining neighboring states to do in like manner or, more than likely be vanquished or left financially behind† (Diamond, p.416). China’s unification dependent on topography prompted their death. Their administration detached them from the outside world and dismissed all imports including advances leaving them drastically immature in a universe of advances (Diamond, p.416). Food creation additionally influenced Europe’s strength over different human advancements. As expressed in section 18, â€Å"the previous nonappearance of food creation in [the Americas] was expected completely to their neighborhood scarcity of domesticable wild creatures and plants, and to geographic and environmental boundaries that forestalled the harvests and the couple of household creature types of different pieces of the Americas from showing up (Diamond, p.356). Training of creatures fluctuated among the landmasses due to contrasts in mainland territories and the Late Pleistocene eliminations.

M4A2-Conflict Essay Example | Topics and Well Written Essays - 750 words

M4A2-Conflict - Essay Example As needs be, the conduct empowers the clashing gatherings conceptualize on a few elective answers for a contention. Another trademark that is profoundly corresponded to understanding clashes is a high score of good faith in character. This trademark is shown through appropriate arranging, time the executives and level of adherence to foreordained calendars. From the contention experience, people with this conduct are efficient and want to accomplish in their obligations. In like manner, this character attribute will empower peace promoters to explain undertakings, delegate authority and calendar work forms so as to limit task disarray in the association (John, Robins and Pervin, 2010). Another basic conduct is appropriateness quality of character since it permits a person to demonstrate sympathy to different gatherings that prompting enthusiastic solace (John, Robins and Pervin, 2010). The characteristic is basic in guaranteeing that clashing gatherings assume liability for the wells prings of contention and excuse each other without harboring any negative feelings (Burger, 2010). Another conduct that is basic in overseeing clashes is passionate strength. From the past clash understanding, passionate insight prompts enthusiastic steadiness in this manner guaranteeing forceful practices and negative observations are control in compromise (John, Robins and Pervin, 2010). I comprehend the enthusiastic knowledge will envelop mindfulness, discretion, inward inspiration and social aptitudes (Burger, 2010). For example, mindfulness empowers a clashing gathering to achieve self-personality and self-esteem in this way encouraging agreeable relations with other clashing gatherings. I accept joint effort and capacity to keep up trust between or among the contention parties is fundamental in overseeing clashes since it encourages the foundation of cheerful connections and proficient correspondence (McCrae, 2002). Common trust will limit negative observations and doubts amon g clashing gatherings and improve objective relationship (Burger, 2010). Another standard of conduct that is valuable in peace promotion is capacity to keep up serenity and maintain a strategic distance from anxiety particularly when confronted with testing and new clash circumstances. This trademark empowers the clashing gatherings to believe in one’s capacity to convey a commonly adequate arrangement and improves participation. From my worth explanation and refereeing self-appraisal results, I scored humble in different acknowledged qualities. I scored most minimal acknowledged qualities in starting control to move the contention through barricades. In like manner, I scored most reduced in acknowledged qualities in situating one’s intuition so as to impact others’ feelings/choices. Another most minimal score in romanticized esteems was in giving answers, regardless of whether uncertain in the event that they are right and making showdowns when required. From t he arrangement of things with most reduced acknowledged qualities, I presume that my character and standards of conduct are perfect for peace making. Since I score humble in starting control to move the contention through barriers, I infer that I am increasingly liberal and energizes proposals of clashing gatherings simultaneously. For this situation, I will be equipped for investigating elective arrangements and executing new thoughts

An Evaluation of the Teaching Staff Shortage in London Schools Essay

An Evaluation of the Teaching Staff Shortage in London Schools - Essay Example facilitated worry in England just as in different nations concerning educator gracefully deficiencies alongside the issues on the enrollment and maintenance of instructors (House of Commons-Education and Skills Committee 2004). For example, in spite of an impressive number of 60 million instructors around the world, there is as yet a need to utilize another 15 to 35 million educators. Schools have confronted impressive deficiencies in English and Math instructors while there have been an abatement in the quantity of candidates for educator preparing. Educator candidates for material science, geology, and data and interchanges innovation have likewise encountered an impressive drop (Eurydice 2002). An enormous number of studies have basically dug into the reasons why potential instructors have been pulled in to the calling just as the components that add to their aims of leaving the calling, including pay and work requests, and turnover designs (Johnson-Wilder et al 2003). Late proof has additionally related setting up issues with explicit issues that fill in as difficulties for schools influenced, for example, the failure of schools to adapt to work showcase challenges so as to for them to offer higher wages and draw in qualified competitors, the absence of capable educators in specific subjects, and the expanded number of instructors who are instructing outside of their subjects (Harris and Adams 2007). It has been recommended that establishments for educator preparing have not had the option to deliver sufficient quantities of qualified instructors who can satisfied such needs. Other segment patterns, including the expansion of understudy enlistments alongside the expanded pace of educator turnover attributable to a maturing showing workforce, have likewise added to the school staffing emergency. Inferable from the proceeded with deficiency of... This paper endorses that private and state funded schools in London have encountered significant deficiencies in their showing workforce which have been ascribed to different concerns. Educators can either be persuaded or debilitated to give training and figuring out how to understudies dependent on various elements, including their apparent help from the organization, the general condition that they are working in, the pay they get in return for their exhibition, the conduct of understudies, just as close to home issues. These would all be able to impact the ways with which educators see their calling as significant and important and, in this way, influence their goals and choices for willful turnover. This report makes an end that expanding the school’s backing and consideration towards their staff individuals ought to likewise be exhibited alongside the usage of systems that can improve offices and instructing execution. Qualities ought to likewise be educated to understudies by both the school and their families to guarantee that these youthful people epitomize good conduct towards their companions and instructors. School security and control alongside an increasingly proficient condition that utilizes procedures for enabling educators and boosting their spirit may positively affect their enlistment and maintenance among open and non-public schools. Future investigations ought to likewise investigate increasingly explicit variables that can be experienced by instructors in the essential, optional, and school level too, for example, racial segregation or scholarly field inclinations; contrasts as far as geographic areas (rural versus metropolitan schools) or the effect of teachers’ age and sexual orientation can likewise be investigated.

religion :: essays research papers

                         Reflection Paper  â â â â â€Å"Who is God?†, this becomes as unthinkable an inquiry to respond to as the inquiry â€Å"Who am I?†. Michael Himes, the writer of this book which is called, Doing the Truth In Love, communicates his thoughts and musings on how we should consider God, feel about God, and get who and what God is. Mr. Himes, clarifies most importantly that God is a riddle. He offers his thoughts on how He is secret and on how we ought to recognize â€Å"God with God†. Himes states that God is agape, unequivocal love. My concern with this is how does Himes know who or what God is? He has never met God, to discover and he has never asked God either. We accept that God has undying and unadulterated love for us however we don’t realize that without a doubt. God is the Trinity, which means the dad, child, and Essence of God. So is it that when Himes implies that god is puzzle, agape, and relationship; he implies that the trinity represents these three meanings of God? I suspect as much.      God is a secret since we can’t completely get God. We realize he exists yet we haven’t seen him, heard him talk or contacted him, so how would we realize he is definitely not a total secret, I accept that to learn and comprehend God to our fullest abilities, we need to experience a â€Å"leap of faith†. We must be eager to peruse and comprehend God’s message to us. We need to comprehend what He experienced and why He did the things, he did. For instance, he passed on for us. For what reason did He do this when He could have essentially said â€Å"no†? I feel he kicked the bucket for us to have a superior life and to be dependant for ourselves as opposed to having Him â€Å"spoon feed† everything to us. He needed to see that if what he made could work and depend on one another to profit ourselves.      God is agape, since he adores us. As you stated, Mr. Z, â€Å"God adores us basically on the grounds that we exist. I am with you 100%. I comprehend that totally, in such a case that He didn't adore us, he would allow us to live, however we would stop to exist. The best model I heard, is the manner by which you utilized your little girl, Maria, and how you said that following 30 a few years you still don’t comprehend agapic love.

Nature of Management - Free Essay Example

Nature of Management 1. Universality: Management is an universal phenomenon in the sense that it is common and essential element in all enterprises. Managers perform more or less the same functions irrespective of their position or nature of the organization. The basic principles of management can be applied in all managerial situations regardless of the size, nature and location of the organization. Universality of managerial tasks and principles also implies that managerial skills are transferable and managers can be trained and developed. . Purposeful: Management is always aimed at achieving organizational goals and purposes. The success of management is measured by the extent to which the desired objectives are attained. In both economic and non-economic enterprises, the tasks of management are directed towards effectiveness (i. e. , attainment of organizational goals) and efficiency (i. e. , goal attainment with economy of resource use). 3. Social process: Management essentially involves managing people organized in work groups. It includes retaining, Developing and motivating people at work, as well as taking care of their satisfaction as social beings. All these interpersonal relations and interactions makes the management as asocial process. 4. Coordinating force: Management coordinates the efforts of organization members through orderly arrangement of inter-related activities so as to avoid duplication and overlapping. Management reconciles the individual goals with the organizational goals and integrates human and physical resources. 5. Intangible: Management is intangible. It is an unseen force. Its presence can be felt everywhere by the results of its effort which comes in the form of orderliness, adequate work output, satisfactory working climate, employees satisfaction etc. 6. Continuous process: Management is a dynamic and an on-going process. The cycle of management continues to operate so long as there is organised action for the achievement of group goals. 7. Composite process: Functions of management cannot be undertaken sequentially, independent of each other. Management is a composite process made up of individual ingredients. All the functions are performed by involving several ingredients. Therefore, the whole process is integrative and performed in a network fashion. 8. Creative organ: Management creates energetics effect by producing results which are more than the sum of individual efforts of the group members. It provides sequence to operations, matches jobs to goals, connects work to physical and financial resources. It provides creative ideas, new imaginations and visions to group efforts. It is not a passive force adopting to external environment but a dynamic life giving element in every organization.

Why War On Drugs Failed - Free Essay Example

Many Americans dont realize that the War on drugs in America isnt just a failed war but it was never meant to be won. During the Nixon presidency, Nixon sparked Americas war on drugs in 1971 and created the U.S. Drug Enforcement Administration two years later. As part of the initiative, President Nixon increased funding for drug- control agencies, mandatory prison sentencing and strict measures for drug-related crimes.Nixon had other motives for why he started the war on drugs, one in particularly was to keep his job. His policy chief John Ehrlichman said Nixons two enemies during his campaign was antiwar supporters and blacks. According to the article by History, John Ehrlichman stated   We knew we couldnt make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did ( War on Drugs, n.d.).   This was a real attempt by the government to demonize and criminalize a race of people. Nixon knew that lying to the public about drugs and putting his enemies in a bad light, it would allow him to his job and use the war on drugs as a political tool.In the midst of 1980, President Reagan expanded many of Nixons War on drugs policies. In 1984, his wife launched the campaign Just Say No which was an effort to educate children on the dangers of drug usage. President Reagans focus on drugs led to an increase in incarcerations for nonviolent drug crimes. A large sum of people believes the War on Drugs has failed in America. Our government spends more tax dollar money on the drug war of instead improving peoples lives each year. The War on drugs has failed to prevent the usage and distribution of drugs or lower the incarceration of drug-related crime. As much money the government spends to fight the war, nothing has changed.The overall goal for the war on drugs is to eliminate and naturally reduce the use of illegal drugs. Instead drug markets have broadened and use continues to rise. By compressing the supply of drug products for which there is a high and growing demand force their prices to increase,which creates opportunity and profit move for criminals entrepreneurs in the trade business. This fix on supply reduction has failed to reduce drug use, while disturbing drug trade-related violence which increases the demand for drugs. The vast resources the federal government carries into the trivial   criminal justice and penalty policies to cut the supply of drugs although it omits other strategies that could help reduce drug demand. The black-market for illegal drugs has generated a large sum of profits f or the groups that produce and sell them. That income is then invested in buying state of the art weapon , hiring gangs to defend their trade,paying off public official and making drugs regularly available to children (Shultz, 2018). Drug gangs equipped with money and guns original in the United States have caused crimson chaos in other places like Mexico, El Salvador and other Central American countries. Accrue from the productivity and economic activity that forfeited as a result of the mass incarceration of drug offenders. According to Britannica, in 1986, when Congress established the Anti-Drug Act which passed a series of   mandatory minimum prison sentences for assorted number of drug offenses( War on Drugs, 2018).   The Anti-Drug Act created distinction between offenders who own powder cocaine and those who possess crack cocaine for minimum sentencing. If someone possessed five grams of crack would   get the automatic five-year sentence while possessing 500 grams of powder cocaine sparks that same sentence. Most crack users were African Americans which led to an unequal increase of incarceration rates who are non-violent first-time offenders. People of color were targeted and arrested on suspicion of drug use at a higher rate than white which caused disproportionate incarceration rates among without evidence. This leads to racial disparities within the criminal justice system and the   war on drugs has significantly caused racial disparities.The legalization and criminalization of certain drugs had much to do with who uses, who is perceived to use particular drugs. Prohibition makes all drug users criminals which then corrupts the influence on the law enforcement personnel and fuels the mass incarceration rates. African Americans make up fifty percent of the state and local prisoners that are arrested for drug-related crimes(huffpost). According to the HuffingPost, young black kids are 10 times more likely to be arrested for drug crimes than white kids even though whites are more likely to abuse drugs(politics). Due to racial profiling,there is a divide between targeted minorities and local drug enforcement in urban cities. Communities in cities suffer the most from both the problems of drug abuse and the consequences of drug prohibition. Inner cities suffer disputes between drug enterprises, making our inner cities war zones and their citizens the war primary casualties( aclu).   The mass of   number of people who deal and use drugs are in or below the poverty line. Those who are addicted to drugs also illicit substances are ill and need medical attention for their conditions(utah drug rehab). You cant expect someone with an addiction to   just to get better on their own, they need medical attention and treatments to help them recover. Some critics say the war on drug is the second Jim Crow laws between whites and other minorities. Drug law enforcement budget trickles down to reduced options for the other fields of expenditure like proactive and reactive. The proactive field of expenditure to fight the war on drugs is enforcement, harm reduction, prevention and education. The reactive part of expenditure is the criminal justice system, to deal with drug offenders and drug-related crime. Instead of funding money to finance arrest and incarceration, we could make drug treatments more readily available to the public and improve social services along with education. By providing money for the law enforcement to crack down on illegal drug use of leads to   funding schemes. Funding schemes allow local police officers to increase their pay based on the number of arrests theyve made and the amount of property that was confiscated. Its a easy way for local officers to boost their pay and career opportunities by targeting low- level drug offenders. This results in police consistently relying on false informants, and ha ndling dangerous home invasions on frail evidence ( Making Economic Sense, n.d.).   Unfortunately, tax dollar money hasnt been able to solve the problem but instead has made things worse. Some examples of the fiscal costs on the war on drugs:   In 1980, 50,000 Americans are behind bars for drug law violations   now we have half a million in jail. Money channeled into the law enforcement has implied very little funding to improve public safety which has neglected essential education, health, social service and public safety programs leaving them struggling to operate on a meager funding (Making Economic Sense,n.d.). The money funded for the war on drugs has been closed to the reactive expenditure instead of proactive expenditure. The war on drugs has done little to shrink the number of incarcerations of drug-related crime along with the demand for certain illegal drugs such as marijuana, heroin and cocaine.   More money is being put into building prisons than into building schools.   If more money is spent on prisons instead of providing education and the number of incarceration continues to rise, then an alternate solution must be used. The government needs to shift its large funding from inefficient drug eradication programs to meet treatment demands (The United States War on Drugs,n.d.). The government should invest more money on treatments and education because its reduces the number of incarcerations and helping addicts overcome their addiction. When addicts go to federal funded rehabs, they tend to do better than those who didnt go to rehab. Addicts that go to rehab become sober and try to re-enter society while becoming productive workers (The United States War on Drugs, n.d.). Recovering addicts can parent their children and which makes them positive and powerful lessons in their local community by showing recovering addicts can improve their lives. These may be small victories in the drug war there are still some problems. After being labeled as a felon, you lose some of the rights such as voting, employment, housing, public benefits, and education when trying to integrate back to society but also the economy. Youre forced to check the box indicating a felony conviction on employment applications for almost ever job and you find yourself locked out of the mainstream of society and the economy. Checking the box on any job application denies you any licenses for a wide range of jobs. This leaves the felon unable to find a job or merger back into society.   Racial stereotypes are embraced and internalized by all people of color, as well as every major political party. They are branded criminals for life, by the criminal justice system. The war on drugs has increased incarceration rates and created conflicts with minorities. Some of the unintended consequences on drug war are racial profiling, limitations on civil rights, and increased stigma of use also addiction. Even though it has problems there are still benefits within the war on drugs. It allows the tax dollars to be used for funding new equipment for local drug enforcement.

Catcher In The Rye Depression Essay - 1075 Words

A Problem Through the Ages â€Å"If there is a god or whatever something somewhere, why have I been abandoned by everyone and everything that known? I ve ever loved? What is the lesson? What is the point? God give me a sign or I have to give up. I can t do this anymore. Please let me die.† (Kesha,Praying). Depression has always been a problem throughout time and how people deal with it. Even though people have different backgrounds depression seems to affect them in the same way. In the book, Catcher in the Rye, Holden the main character changes after his brother Allie died. Holden seems to never get over his brother s death which and changes his way of thinking. So how does, Justine of a completely different background who doesn t lose a†¦show more content†¦Justine later moved to Maryland and it became t o be too much for her like Holden when he finally like his school. Justine started to do all types of things and most importantly drink all the time. She got a job with at a local bar and bo ught an apartment with her friend that didn’t work out so she moved in with her godmother. This is very similar to when Hoden got kicked out of Pencey and didn t make the greatest choices when he was out on his own. Through all of this Justine and Holden were depressed and don t care about happened to them in life. In the book Holden got into many fights that could have been avoided some could have turned out to be very dangerous. In the text it says â€Å"But I m crazy. I swear to God I am. About halfway to the bathroom, I sort of started pretending I had a bullet in my guts. Old Maurice had plugged me. †( Salinger pg 44) Maurice was a dangerous guy and could have caused real harm to him. Justine used to do the same thing she used to drink and drive and got into many car accidents. One of the car accidents led to her attempting to commit suicide in the bath tub. Because she was depressed she decided that hse wanted to end her life so she drank a bunch alcohol and all the pills she could find and tried to overdose. Luckily she was found and was able to be revived thanks to theShow MoreRelatedHoldens Depression in The Catcher in the Rye Essay630 Words   |  3 Pagesmajor case of depression (Web MD). That is a staggering one in every fifteen people (2 in our classroom alone). Holden Caulfield is clearly one of those people. Depression is a disease that leads to death but is also preventable. Psychology, stressful events, and prescription drugs are causes of depression. Stressful events brought on Holden’s depression. Holden has been trying to withstand losing a brother, living with careless parents, and not having many friends. The Catcher in the Rye is a book thatRead More Holdens Depression in Catcher in the Rye Essay754 Words   |  4 PagesThe Catcher in the Rye, by J.D. Salinger, portrays Holden Caulfield as a manic-depressive. Holden uses three techniques throughout the novel to cope with his depression. He smokes, drinks, and talk s to Allie. Although they may not be positive, Holden finds comfort in these three things. Holden smokes a lot when he is nervous, or bored. When the stripper is in his room he noticed that she is shaking her foot as if she is nervous. He offers her a cigarette, twice. Both times she says no. Holden offersRead MoreDepression in The Catcher in the Rye, by J.D. Salinger Essay1334 Words   |  6 Pages Depression, a common mental disorder that presents with depressed mood, loss of interest or pleasure, feelings of guilt or low self-worth, disturbed sleep or appetite, low energy, and poor concentration. This mental illness demonstrates to affect teens as much as it affects adults. Studies show that 20 percent of teens will experience teen depression before they reach adulthood. When you deal with depression, you often find it difficult to live an everyday normal life. The â€Å"Catcher in the Rye†Read MoreComparison and Contrast of a Separate Peace and Catcher in the Rye1515 Words   |  7 PagesComparison and Contrast Essay A Separate Peace and The Catcher in the Rye The coming of age novels, The Catcher in the Rye, written by J.D. Salinger, and A Separate Peace, written by John Knowles, both interpret the lives of adolescent boys journeying through their conflicts and inner confusion to reach the level of maturity. Salinger and Knowles both discern the literal ways a typical teenager grows up with the help of literary elements such as plot, setting, character development, conflictsRead MoreCatcher in the Rye984 Words   |  4 PagesENG 4U1 June 12, 2012 Catcher In The Rye Essay A role model can be can classified as one of many things, but what is it exactly that distinguishes a good one from a bad? The novel, The Catcher in the Rye, written by J.D Salinger is utilized to present the character Holden Caulfield as an unsuitable role model. 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Strathgammon Estate Group Ltd (SEG) Senior Management Report for Manpower - Free Essay Example

Sample details Pages: 11 Words: 3340 Downloads: 5 Date added: 2017/06/26 Category Management Essay Type Analytical essay Did you like this example? In the current markets, clients demand the execution of projects to be done on Time and on Budget in a professional manner, one of the ways the Senior Management Team (SMT) of Strathgammon Estate Group (SEG) plans to respond to this demand is by initiating a Centralised Manpower Planning Management. This report highlights the importance and practical steps to achieving desired results through manpower planning on individual companies and as a group. We will be reviewing current SEG manpower systems, manpower systems that have worked in renowned companies and suggest ways to implement and coordinate manpower solutions in SEG to not only meet clients demand but to increase revenue and efficiency in project execution within the group. Don’t waste time! Our writers will create an original "Strathgammon Estate Group Ltd (SEG) Senior Management Report for Manpower" essay for you Create order This will include strategic current and future estimation of manpower requirements by individual companies, training modules and adequate communication and feedback methods to the concerned managers who in turn will pass the information to the Human Resource team, which will be under close supervision from the SMT. With the Primary factors been applying centralised manpower solutions and keeping a constant monitoring system relying on feedbacks from individual companies with the aim of generating statistics on the cost versus revenue, so that it can be presented to the shareholder that they may know the financial commitment SEG is planning to invest on manpower and plan for it. Secondary factors been that, the group could gain from an effective manpower planning management, better reputation from clients, boost of morale of the employees, tapping of potential clients, increase in revenue and profits, no loss of productive staff and more professional touch in projects. Introduction Following recent statistics, they have shown that SEG has grown precariously over a 70 year period, with inconsistent financial growth in all sectors. This report is a result of this statistics, to try and highlight some of the inconsistencies of the financial growth and offer possible and practical solutions through manpower planning in individual companies and manpower management as a group. This report will further highlight benefits, barriers and solutions of manpower solutions, way of implementing a centralised manpower system and ways of maintaining a positive manpower solutions and how it can be communicated to the individual companies as well as the shareholders. Manpower Planning 3.1 Why is Manpower Planning Important to Business There are several ways in which Manpower Planning can improve a company. One of the most important is improving companys productivity and cost effective ways to meet organisational goals. SEG upgrade to a centralised manpower solution might seem costly initially; however, the end result will justify the means. In the modern market, clients demand a project to be executed on time, on budget with a professional touch. Pour manpower planning can be a major hindrance to client satisfaction with serious consequences such as; company losing reputation, no repeat business and losing of current or potential clients. Thus measures have to be taken to ensure the smooth transition of systems from individual companies to a central system of manpower planning. This will raise new morale and confidence not only to clients but to the existing staff which may increase productivity and overall group profits. 3.2 Manpower Planning Human resource is one of the most important assets in an organisation as it works to meet the set organisation goals and objectives. Manpower Planning and Management forms the core of Human Resource Management. This can consist of a rational selection or upgrade of existing employees based on their skill to suit their roles in the organisation. An effective manpower planning requires a careful assessment of the future needs of the organization. It involves the development of strategies to match the requirement of employees and availability of positions in an organisation. Those in charge of manpower planning need to have a foresight about the business plans. They are required to estimate the business needs of the organization and plan for the manpower requirements and resources needed to realize the business goals. Human Resource Planning has to be systematically approached and is carried out in a set procedure as follows; Review of current manpower access Estimat ing future manpower forecasts Developing employment programmes Design training programmes 3.2.1 Analysing the current manpower inventory Before a manager makes forecast of future manpower, the current manpower status has to be analysed. this can be done managers providing all the manpower they currently have to the HR -example of Appendix B Manpower Planning sheet 3.2.2 Making future manpower forecasts Once the factors affecting the future manpower forecasts are known, planning can be done for the future manpower requirements in several work units. The Manpower forecasting techniques commonly employed by the organizations are as follows: Expert Forecasts:ÂÂ  This includes informal decisions, formal expert surveys and Delphi technique. Trend Analysis:ÂÂ  Manpower needs can be projected through extrapolation (projecting past trends), indexation (using base year as basis), and statistical analysis (central tendency measure). Work Load Analysis:ÂÂ  It is dependent upon the nature of work load in a department, in a branch or in a division. Work Force Analysis:ÂÂ  Whenever production and time period has to be analysed, due allowances have to be made for getting net manpower requirements. Other methods:ÂÂ  Several Mathematical models, with the aid of computers are used to forecast manpower needs, like budget and planning analysis, regression, new venture analysis. (Managers (n. d.) Management Study Guide [online]) 3.2.3 Employment programme Following the provided future manpower requirements, the process can commence by the HR Manager choosing an ideal candidate and conducting Job Analysis preparing job descriptions and specifications in which his skills can be compared with the needs of the organisation example Manpower Requisition form Appendix C Additionally, the HR Manager will have to take into consideration Job Evaluation which is the evaluating the job, not the person doing it, the value of the job in relation the other job opportunities in the organisation. There are two ways of performing job evaluation analytical method skilled consultants and Non-analytical method Managers decisions. (College of Estate Management (2004) Manpower Planning) Manpower staffing selection of suitable candidates on the basis of their skill-set and requirements of the job, can be newly recruits or advancement of existing staff, involve the process of defining the position structures in the organization and preparing job profiles for the positions to be filled. RecruitmentÂÂ  process when all the above stages have been passed, the HR can start the recruitment process, where they invite a candidate to physically come to be interviewed example manpower Planning Hiring approval form Appendix D Once the candidate meets the requirements set by the job analysis, evaluation and staffing then he can join the organisation and commence training to familiarise him to the new environment. 3.2.4 Design training programmes Training modules will be an important tool, to the existing and newly recruited staff to pass along new and existing information as well as improve skills of potential existing employees example of Local Staff Requisition Form Appendix E Example 1 Lamprell Energy is an International company with growing demand of its services. They are based in Dubai, one of the fastest property growing markets in the world. They recently launched a Manpower planning campaign and their business has never been better. In their manpower planning they decided to train their surveyors further to meet a uniform standard by enrolling them in RICS course. Like College of Estate Management Degree course, which it led to their surveyors morale been boosted as well as been up to date with the latest surveying knowledge. Example 2 In PNJ Ltd, there is a workforce of eighty-five been supervised by one person Harry Soamers, who is a member of the board in the company additionally the sale team of five, and is supervised by Gerry Street who is a member of the board this managers may be too busy to undertake day to day running of the company. We can suggest a division of the eighty-five employees into four groups with a team leader who can be dealing directly with the managers for the day to day running of the business. This can be done by recruitment from outside sources or a promotion and training of existing employees Example 3 Additionally in Kessner Waldpoduckt GmbH there are only two people (manager and assistant manager) supervising a workforce of twenty two. There is need for breaking up of the workforce into smaller groups which can be easily managed. This will create a more personal relationship between the supervisors and the workforce, which will led to contribution of ideas, and morale boost which in return increase productivity. 3.3 Benefits and Advantages of Manpower Planning There are many benefits in adapting manpower planning, however we shall concentrate in the ones that can be most influential in SEG as a group, such as; Smooth running of business this can be achieved by estimation of manpower and shortages or surpluses identified for quick action. Better recruitments methods, which will led to better selection of candidates which can execute project more efficiently. Reduction of labour cost as surpluses can be easily identified. Easy identification if need for subcontract labour source which can be hired and off hired at strategic times in the business cycle. Better tapping of existing talent, which can reduce the costs of training and recruiting new staff. New ideas can be introduced to the business as a result of hiring experienced employees which in turn can attract new business. Boost the morale of employees as with internal promotions, training sessions which in turn will lead to better productivity thus better results. With better manpower planning the organisation over time might try and venture on new markets e.g developing complex projects like in The Palm in Dubai. Managers can be in full control of the manpower requirements as there is a protocol in place which effectively communicates requirements or shortages. Provides smooth working even after the organisation expands. Barriers and solutions to manpower planning Barriers of manpower Planning For every new system to be fully appreciated, we have to look at some of the challenges we have to face and deal with them in a practical and professional way for maximum results. Identifying surplus or excess manpower this will be a major obstacle, especially in SEG that is trying to introduce a central system of MP, this is due many facets in the group. This can be met by implementing good communication methods from individual companies to the central HR. Hire of temporary labour subcontract till the full statistics have been evaluated and then the Managers and SMT to make strategic decisions. Raising degree of Absenteeism This is as a result of employees feeling neglected or been demoralised. By implementing training sessions and internal promotions, the employee confidence will raise, thus they will feel secure reducing the number of absent staff. Time Consuming allot of time will be invested in MP. This will be as a result of collecting necessary data from in dividual companies, processing that data, and trying to streamline the process to adjust to all the facets in the group. This specific barrier, there is little we can do as and estimated one year and half will be needed to effectively turn this system into a culture within SEG, however, incentives can help employees feel that something is been done. Lack of skilled labour every business has a certain aspect of skill which is needed to perform the works. This skill sometimes is not readily available at the time which actually required. Through training potential employees academically or technically, those business needs can be met more efficiently at the required time with minimum disruption of the works. Lack of Management support this occurs when the management is not adequately informed of the need and benefits of MP. This can be resolved by training sessions, and seminars about MP, which in turn will make the managers appreciate the whole cycle of effective MP, thus make it part of their day to day running of the business. Implementation of manpower planning in SEG By highlighting the benefits and hurdles to a company it will be more obvious to know what to change. The main issue then becomes where do we start, what do need and how do we convince everyone that its the right step. Set up a manpower planning system, organising staff, plan and set standards, measure performance and, learn from the experience audit and review. Each company should have followed these steps when they started out however to bring the group together with a united manpower system will mean revisiting these guidelines to ensure the basic steps are covered before developing the new MP system. SEG companies do not have sufficient records and information on manpower. Several of those who have them do not have a proper retrieval system. There are complications in resolving the issues in design, definition and creation of computerized personnel information system for effective manpower planning and utilization. Even the existing technologies in this respect are no t optimally used. This is a strategic disadvantage. Firstly decide what the new Manpower Management and practices should be as a group. The next step is to ensure all the companies are working to the same standards. There are many ways to do this, with the amount of companies within the group following a more systematic approach and setting up a Centralised Manpower Management System (CMMS) would be a good way to go. With an improved Manpower Planning record will result to better execution of projects, which will led the talent to be recognised thus attract potential business hopefully bringing in more profitable business, better management of current resources thus retain existing clients. To implement this system across the group will take money, time and training, and most importantly positive reinforcement from management. This system is just a framework which means that the entire group will need to come together to decide the right routes to use for the organisation a s a whole. From research on Manpower planning websites and case studies of recognised companies, Lamprell Energy, www.lamprellar.com, Nakeel Constructions www.nakeel.as.com one this is evident, that with efficient planning you can tap allot of talent which will distinguish your company skills and workmanship in the market. There are open seminars and training modules available which can inform and expand on the magnitude manpower planning which can eventually strategically position SEG to be distinguished in the property market by the new ideas and way of doing business. There are many highly skilled individuals and experienced workers within the group by tapping to their knowledge and know how and using it, can be a clear signal to all that SEG is willing and able to implement Manpower Planning solutions. Centralised Manpower Planning for SEG How to communicate the new Manpower Planning practice to all employees companies; In a period of six month the centralised system should be fully implemented and in a year the first effect should be felt by the SMT down to the employees which will reflect in the increase in revenue and client satisfaction. However, that is only half the battle; the other half will be to communicate the system to the employees and stakeholders. Firstly, start with management across all companies. They need to have a clear understanding if they are to support and reinforce it to their subordinates and co-workers. The SMT have to explain and clarify that, this system of manpower planning; will not take powers from individual companies in running the business or otherwise so that a mutual understanding can be reached. This then will promote the manager to dedicate fully to achieving this goal. Regular feedback from managers to a central HR department will promote a cycle of communication and in time will be self sufficient. Supervisors and Managers spend more time on the floor being available to interact with the workforce encourages open communication. Creating and open forum where, the employees can freely express themselves and expect feedback. This will boost their confidence in the management. Additionally, managers can offer incentives from employees that promote the system by their commitment to achieving this goal. How to communicate it to the stakeholders One of the major concerns of the stakeholders will be financial commitment. This will have to be dealt with in a professional and organised manner, as a large financial commitment will be required to hire and train staff. The SMT should introduce this in terms of Phases. Phase one Collection of data from individual companies Human Resource. This will require each company to organise and present their data in a period of two months. Phase two All the data collected in phase one to be communicated to the central body in two months, which will analyse, organise and evaluate the information and report to the SMT with accurate figures of current the current situation. Phase Three SMT to be trained on manpower planning, and to turn this information collected from the central body to statistics and goals of the organisation as a whole in a period of two month and come up with direct and indirect cost that will result to an estimate of the overall cost to implement the manpower system. A simple presentation of these figures to the stakeholders should convey where the savings can come from and how much could be improved in the group should these measures be implemented. Conclusion By analysing, what Manpower Planning is, and its benefits, barriers and practical solutions to the individual companies and organisation as a whole, it is self evident that it will be a strategic advantage to not only increase productivity but hopefully increase revenue and profits. Additionally, a better image can be portrayed to potential clients, boost employee morale, add new employees to the workforce which can come with better ideas, maybe even expand the business to new ventures. Effective ways to communicate the importance of manpower planning to the managers and clarify that this system is not there to replace their powers but to strengthen them and statistical and organised way to communicate all this to the shareholders Recommendations Six month preparation for the preparation of statistics to be presented to the shareholders. Full commitment of the SMT and the mangers of individual companies to achieving this goal. Open forum from employees to managers and managers to a central body that will be monitored by the SMT. Lyden Properties Services to be given full authority to analyse and implement the manpower system and to act as the central body to communicate to the SMT. Initial identification of potential existing staff that can be trained and promoted to send clear signals to all, the commitment of the group to manpower planning Establish a Central Manpower Management System (CMMS) which can be easily accessed inform of intranet on administration staff and suggestion box and regular meeting of the non administration staff. References IES authors (n. d.) Human resource Planning; and Introduction [online] available from https://www.employment-studies.co.uk/pubs/summary.php?id=312 [2 April 2011] Managers (n. d.) Management Study Guide [online] available from https://www.managementstudyguide.com/manpower-planning.htm [17 March 2011] College of Estate Management (2004) Manpower Planning Job Evaluation. Reading: CEM Page 9 Bibliography Project Management Hut (n. d.) Rise of Project Workforce Chapter 9: Workforce Planning [online] available from https://www.pmhut.com/rise-of-the-project-workforce-chapter-9-workforce-planning [12 March 2011] CEM: (2009) Study Papers Management Studies Module 2, Reading: The College of Estate Management Wikipidiea (n. d.) Workforce Planning [online] available from https://en.wikipedia.org/wiki/Workforce_planning [17 March 20111] Julie Sloan (n. d.) The Workforce Planning Imperative [online] available from https://www.workforceplanning.com.au/book_order.htm [24 March 2011] Park, Y. and Lee, C. (1996). Labor Standards and Economic Development in Korea. in Lee, J.S. (ed.) Labor Standards and Economic Development. Chung-Hua Institution for Economic Research, Taipei, Taiwan. Park, Y. and Leggett, C. Employment Relations in Korea, in Bamber, G. and Lansbury, R. (eds.) International and Comparative Employment Relations, 3rd ed, Allen and Unwin, 1998, pp. 275-293.

Money Can Be Seen As A Root Of Evil - 1054 Words

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Obligations Proxies Under Corporations Law -Myassignmenthelp.Com

Question: Discuss About The Obligations Proxies Under Corporations Law? Answer: Introduction ASIC v Whitlam [2002] NSWSC 591 is a leading case which highlights the disqualification of director of company, when they breach the civil penalty provisions covered under the Corporations Act, 2001. This case had Justice Gzell of the Supreme Court of New South Wales stating that even though the general goal in disqualifying a person was to safeguard the public, there is also the significance of the deterrence from the future conduct which mandates such disqualification, when the judges decide upon such orders being made or in not doing the same. This case presents that the chair of the board are required to maintain high standards at all times (Hincy and McDermott, 2018). Though, this decision was reversed later on by Court of Appeal. Background information On July 10th, 2003, a lower court finding was reversed by the Court of Appeal where it was held that Whitlam had been in breach of the different sections of the erstwhile Corporations Law. There were a number of allegations made regarding the contraventions made by Whitlam, in his failure of properly voting against the Resolution 6, which had been instructed upon by the shareholders, who had appointed Whitlam as their proxy. This particular resolution had proposed certain amendments to the Articles of Association, which would have resulted in the fixed amount of annual remuneration being increased and the same being distributed amongst the directors, where the resolution was passed. This raise was to $665,000 from the earlier $617,000, and this resolution was supported by Whitlam (McConvill and Bagaric, 2004). There was a failure by Whitlam in signing the poll papers which covered the votes given by 3973 members, which were against this particular resolution. Based on the articles of association of NRMA, these votes were rendered invalid as a consequence of this. Even though the votes were not counted up earlier, the returning officer got legal advice on this matter where the law provided that these votes had to be counted up, even with the failure of Whitlam in signing these poll papers. This ultimately led to the votes against the resolution being counted up and this resolution was resultantly defeated. However, this was done a little too late and the publications were made in the newspaper advertisements, which showed the opposite (Neylan, Mir and Sato, 2018). This led to the ASIC initiating civil proceedings against Whitlam, who was the Chairman and President of the company, where it was stated that Whitlam had breached section 232 of the Corporations Law in his failure on voting the proxies, based on the instructions given by the members, against the resolution. Further, it was claimed that Whitlam had been in breach of sections 180, 181 and 182 of the Corporations Act, 2001 (Cth) (CA) in terms of changing the minutes of meeting of directors of the NIGL (Allens, 2002). Duties breached The director duties mentioned to have been contravened by Whitlam are the three key duties of directors, which attract civil penalties covered under 1317E of CA. Under section 180(1) of this act, the duty of care and diligence as a civil obligation has been provided (Jade, 2018). This section provides that the directors in the company have to exercise their powers and fulfil their duties with a degree of diligence and care, as would be done by a reasonable individual, where: This person was the director of company in the circumstances; and Held the office of the director and had the same responsibilities in the company (WIPO, 2015). Under section 181 of this act, the civil obligation of good faith is covered (Cassidy, 2006). This section provides that the directors in the company have to exercise their powers and fulfil their duties in best interest in good faith of company and for a proper purpose (Latimer, 2012). Section 182 of this act provides civil obligations regarding the use of position. This section provides that the directors in the company are not to make an improper use of the position which they have in the company, for gaining an advantage for themselves or for someone else; or causing detriment to the company (ICNL, 2018). Under 1317E of CA, when the court gets satisfied regarding the contraventions of the aforementioned provisions, they make a declaration of contravention, where the details of such breach are provided (Gibson and Fraser, 2014). When this declaration has been made, ASIC can seek disqualification order against the director based on section 206C of this act, or seek a pecuniary penalty order based on section 1317G of CA (Australian Government, 2018). Decision of the court Initially, the decision was given in favour of the ASIC by Justice Gzell. He stated that there had been deliberate omissions by Whitlam to sign the poll papers in context of the resolution and the intent here was to disenfranchise the voters who had actually appointed him as their proxy. In his view, Whitlam was attempting to override the intentions of the company members in a deliberate manner, where he knew that the voters were against the passing of this resolution as a special resolution. Based on this, it was held by the court that Whitlam had been in contravention of a number of provisions of Corporations Law, which included the failure of acting in an honest manner based on section 232(5), the improper use of position based on section 232(6) and breaching the duties of chairman regarding the proxies based on section 250A(c). These coincide with the present day quoted sections of the CA (Neylan, Mir and Sato, 2018). This led to Justice Gzell making an order which prohibited Whitlam from managing the company for duration of 5 years and also imposed a civil penalty of $20,000 on Whitlam (Segal, 2002). While making these orders, it was stated by Justice Gzell that not only the director in position of Whitlam, acting as proxy of voters, acted as agent with regards to the appointed shareholder as principal; but the shortfall of the director appointed as proxy for voting purposes based on the instructions of the members who appointed such person, was the contravention of the duty qua director. The failure of Whitlam, in context of signing of the poll papers, was as a result of this, seen as a violation of the duties which he owed in his capacity as the director of the company (Neylan, Mir and Sato, 2018). It was held by the court that in entertaining, revising and circulating the adoption of revised minutes of board of NIGL, Whitlam had failed in exercising the degree of diligence and care which a prudent individual holding the position of Whitlam would have exercised and would have thus breached the provisions of section 180(1) of CA. Justice Gzell though did not find Whitlam guilty for contravention of sections 181 and 182 as it was not the duty of Whitlam to determine that the minutes of board meeting had been prepared accurately. He did not get any kind of additional remuneration or even result in the recording of the same in the documents of the company which entitled him to some additional remuneration. This led to the ruling being given based on the breach of section 180(1) of CA alone (Allens, 2002). Appeal decision The decision by the Court of Appeal was made in favour of Whitlam where they reversed a range of findings given by the previous judge. Even though the court left the possibility of Whitlam having failed in signing the poll papers as deliberate one, they did find enough evidence to show that this failure in signing was not a dishonest act. The court also reversed the finding of the previous judge regarding Whitlam having contravened section 250A(c) in context of failing to vote, as a chairperson appointed proxy, as he had been instructed. This was due to the fact that Whitlam had actually voted regarding the resolution, by simply completing and filing the unsigned poll papers. The most crucial element was the overturning of statements by Court of Appeal of principle made by the earlier judge in context of the duty of director proxies to vote based on the instructions of the appointing shareholders. It was held by the Court of Appeal that Whitlam had not been voting as director and was simply acting as an agent. Thus, Whitlam was not held to have contravened the duties as a director of the company (Neylan, Mir and Sato, 2018). Here, voting based on the instructions of the shareholders was not a duty of Whitlam in the position he held in the company, and this was also not Whitlam exercising his powers as a director. Just because Whitlam had been a proxy owing to the position which he held as the director was not sufficient to make the dealings with the votes of shareholders and the poll papers, as a discharge of his duties as a director. Till the time there was an involvement of certain further element, the duty of Whitlam regarding the voting of proxy votes was just to the proxy providers, and this was in no way to the company, making it not a part of his duty as a director. Therefore, in principle, the director proxy is under the obligation of voting as per the instructions of the individual based on the fiduciary duty which was raised owing to the relationship of agency. There was no further fiduciary duty which was imposed on the director-proxies, owing to the lack of special facts. The court here left the possibility open that based on the law, a director could be appointed as the proxy under a duty in their capacity as director for voting based on the instructions of the shareholders. This was in context that such a director was not duty bound to threaten or challenge the normal procedures of AGM. Interestingly, this issue was not decided. Though, such an argument is bound to raise questions on appeal, particularly the ones which had not been raised at the very first instance (Neylan, Mir and Sato, 2018). Relevance Even if the decision of the Court of Appeal is technically sound, it does manifest out of step in context of the present expectations of the general public regarding corporate governance. This is more so in context of the reasonable expectations of the shareholders in giving the proxies to the chairperson of the company. As a result of this decision, it presents that the law provides no great protection or even recourse to the proxy giver where the proxy is given by them to the stranger who is not well versed in meeting and corporate procedures, or to the chairperson. The proxy holders are thus merely the agents, and they have no more roles to play. This is quite unsatisfactory. This is because the shareholders are used to giving their proxies to the chairpersons owing to the position held by them, which is at the very centre of all of the meeting and voting procedures, along with their assumed superior competency and knowledge. Understandably, the shareholders not only expect a high level of competence, but they also expect a high level of lawful duties owing to the office which is held by the chairperson (Neylan, Mir and Sato, 2018). Conclusion Thus, based on the discussion carried in the previous segments, it can be concluded that ASIC v Whitlam saw the ruling being initially given in favour of the ASIC and Justice Gzell holding that the director duty covered under section 180(1) of CA had been breached. However, when the matter reached the Court of Appeals, they reversed the decision and held that there had been no breach of director duties by Whitlam. This was due to the fact that while acting as the proxy of the voters, he had failed in his fiduciary duties which he owed to the voters as a proxy, but not the duties of the directors which he owed towards the company. This decision is however a bit harsh for the proxy voters, who place their trust on the chairpersons due to the position which they hold in the company while making them their proxy holder. References Allens. (2002) Cases. [Online] Allens. Available from: https://www.allens.com.au/pubs/itm/sep02/cases.htm [Accessed on: 21/01/18] Australian Government. (2018) Corporations Act 2001. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 21/01/18] Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Hincy, R., and McDermott, P. (2018) Management of Companies. [Online] Pearson Ed. Available from: wps.pearsoned.com.au/wps/media/objects/2604/2667009/summaries/Chapter5.doc [Accessed on: 21/01/18] ICNL. (2018) Corporations Act 2001. [Online] ICNL. Available from: https://www.icnl.org/research/library/files/Australia/Corps2001Vol4WD02.pdf [Accessed on: 21/01/18] Jade. (2018) Corporations Act 2001 (Cth). [Online] Jade. Available from: https://jade.io/article/216652/section/2204 [Accessed on: 21/01/18] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCReferencesJ., and Bagaric, M. (2004) Ambiguities and Inconsistencies in Relation to the Obligations of Proxies under Corporations Law: A Model for Reform. University of New England Law Journal, 1(1). Neylan, M., Mir, S., and Sato, K. (2018) Duty-free director-proxies: Whitlam v ASIC. [Online] Find Law. Available from: https://www.findlaw.com.au/articles/486/8216duty-free8217-director-proxies-whitlam-v-asic.aspx [Accessed on: 21/01/18] Segal, J. (2002) Corporate Governance: Substance Over Form. University of New South Wales Law Journal, 25(2). WIPO. (2015) Corporations Act 2001. [Online] WIPO. Available from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817 [Accessed on: 21/01/18]

Textual Analysis of Star Wars Revenge of the Sith Cover Essay Example For Students

Textual Analysis of Star Wars: Revenge of the Sith Cover Essay However, I will be providing an analysis of the signs within the text Star Wars Ill: Revenge of the Sits in the form of a DVD corer_ A textual analysis makes an educated guess at some Of the most likely interpretations that might be made from a particular text (McKee, 2003:1). I will deconstruct elements Of the title, characters and conventional DVD symbols to effectively establish the most obvious meaning behind each of these signs. At its most basic level, a sign is the combination of the physical form that the it takes, (the signifier), and the concept that it represents (the signified) (Assure in Chariot, 1996:24), The elements within the title Star Wars contain arioso signs which work effectively to produce and communicate its intended meaning, The first word in the title Star acts as a conventional sign, as the word is known by different sounds and spelling in other languages. (Harrington: 201 b). However in English-speaking countries, the word alludes to the setting of outer-space. Space is often the prominent location to many science-fiction texts, whether it be in books such as Starship Troopers by Robert Heinlein, or movies such as Alien by Riddled Scott. The other signifier Wars is a universal connotation f an ongoing battle occurring between opposing parties, usually a good or bad force. Harrington (Bibb) clarifies that a text belongs to a genre when it shares key elements such as style, form and conventions with other texts The subject of good and evil is a recurring theme throughout the sic-if genre and can be proven by the Digital Film Archive (n. . :S) when they explain that science fiction encapsulates the universal central narrative of good versus evil. MIDI (Most Popular Good Versus Evil Sic Pi Titles, n_d. ) gives an extensive list Of sic-if movies that follow this central narrative. Consequently, the combination of Star and Wars written in a gold font, signifies to the viewer that this film is a battle Of good verse evil occurring within a galacti c realm. The audience is able to draw on existing intellectual knowledge Of Other science -fiction movies are therefore able to familiarize themselves with the piece. The understanding of characters within a text are an important component in structuring the works intended meaning. The characters displayed on the front of Star Wars Ill assist the audience in creating a likely interpretation of the texts intended meaning. The visual design shows an ascending formation of four serious-faced characters, shadowed by a menacing figure in the background. Three of the characters in the foreground of the image are facing left and appear to be human, While the Other extra-terrestrial being has its back turned to them in the other direction. This deliberate positioning represents a sense Of conflict (Harrington, Bibb) or a clash Of morale, thus working in relation with the title of the film and its signification of good versus evil. Most viewers would determine that the evil is represented in the form of the alien. Although here is an arbitrary connection between aliens and wickedness, it can be noted that Western Society has long held the notion that the unknown is something to be feared, as proven by alien commentators (Bowman, 2007). Similarly, the relationship between the human characters and the dark figure in the background could easily be interpreted as a representation of good and evil, stemming trot cultural symbolism. The three humans are presented under a luminous, white light, which can be interpreted as them being upright and pure, while the dark figure behind them is deliberately masked in black, signifying evilness or death. .u8f738ad40a430e58f64abff2cb0e07e5 , .u8f738ad40a430e58f64abff2cb0e07e5 .postImageUrl , .u8f738ad40a430e58f64abff2cb0e07e5 .centered-text-area { min-height: 80px; position: relative; } .u8f738ad40a430e58f64abff2cb0e07e5 , .u8f738ad40a430e58f64abff2cb0e07e5:hover , .u8f738ad40a430e58f64abff2cb0e07e5:visited , .u8f738ad40a430e58f64abff2cb0e07e5:active { border:0!important; } .u8f738ad40a430e58f64abff2cb0e07e5 .clearfix:after { content: ""; display: table; clear: both; } .u8f738ad40a430e58f64abff2cb0e07e5 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u8f738ad40a430e58f64abff2cb0e07e5:active , .u8f738ad40a430e58f64abff2cb0e07e5:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u8f738ad40a430e58f64abff2cb0e07e5 .centered-text-area { width: 100%; position: relative ; } .u8f738ad40a430e58f64abff2cb0e07e5 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u8f738ad40a430e58f64abff2cb0e07e5 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u8f738ad40a430e58f64abff2cb0e07e5 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u8f738ad40a430e58f64abff2cb0e07e5:hover .ctaButton { background-color: #34495E!important; } .u8f738ad40a430e58f64abff2cb0e07e5 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u8f738ad40a430e58f64abff2cb0e07e5 .u8f738ad40a430e58f64abff2cb0e07e5-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u8f738ad40a430e58f64abff2cb0e07e5:after { content: ""; display: block; clear: both; } READ: Analysis of Shelley's Ode To the West Wind Ode to EssayThese connotative meanings, that being the secondary meanings that are evoked (Grippers, 2006:16) are prevalent in Western Society where white symbolizes purity, and black symbolizes evil, again reinforcing the good and evil theme within sic-if. However, should be addressed that such symbolism in the text may not be recognized in other cultures. There are several conventional signs established on the Star Wars Ill cover that effectively communicate the text as a movie. The first and most obvious sign is the DVD video logo appearing on the bottom-right side Of the image. This small humbly works circumferentially to indicate that this is a digital video disc and not a CD. Circumferential framing relates to the material immediately surrounding the text (Harrington AAA). Another sign that reveals the covers DVD format is the horizontal banner running across the top of the page reading TXT: Digitally mastered for superior sound and picture quality (Star Wars Ill: Revenge of the Sits n. D. ). Not only does this boast the films enhanced features, but it also tells the audience that this text has audio and visual qualities, which are the primary elements to a motion picture. The TXT symbol indicates to viewers that have extralegal knowledge, or dependent knowledge unspecified by the text (McClellan, Gale, Reid, 1994:3), that this brand as an audio-visual enhancement seen in various other motion pictures From a wider cultural context, hot the OVID and TXT symbol may not carry such meaning within countries that have limited access to technology.