Movie Essay Example | Topics and Well Written Essays - 1250 words

Movie - Essay Example The analysis would be written in the light of discussing theoretical concepts of literary elements, including dramatic, cinematic and language aspects. Likewise, one would determine what the movie is really about and a "moral to the story," a theme to be explored, or comment to think about. Finally, one would present what the point of the movie is and the personal meaning of the film in ones perception. The Last Airbender is a movie written, produced and directed by M. Night Shyamalan who was nominated for 2 Oscars in the categories of Best Director and Best Writing for the movie, The Sixth Sense in 1999 (Internet Movie Database, 2010). The movie was an adaptation of Nickelodeon’s TV animated series entitled Avatar: the Last Airbender. The movie was presented as a narration by one of the principal characters, Katara (Nicola Peltz) on the theme of the story which evolves on their world being divided into four elements: Air, Water, Earth and Fire. Peace used to prevail in their world with an Avatar balancing all forces of nature. When the Avatar disappeared, the Fire Nation, led by Lord Ozai launched war on all the nations claiming superiority over all elements. The film is a depiction of Book 1: Water, where the plot evolves on the Avatar’s honing his water bending skills. The major characters are all youngsters composed of the following: the airbender, who is also the Avatar, is played by Aang (Noah Ringer). The water bender is a young teenaged girl, Katara (Nicola Peltz) was the narrator in the film. Her brother, Sokka (Jackson Rathbone) accompanies Katara and Ang to journey to the Northern Water Tribe to seek for a master who would teach him water bending skills. Finally, Prince Zuko (Dev Patel) is the son of Lord Ozai leader of the Fire Nation, who aims to capture the Avatar and bring him to his father, Lord Ozai, so that the

Quality and Risk Scenario Essay Example for Free

Quality and Risk Scenario Essay The HIM professional can have a direct impact on the quality or compliance of specific operations or employees within a healthcare institution. Healthcare institutions, such as hospitals, can be huge institutions made up of hundreds or even thousands of treatment or operation specific areas operation. This can include anything from the surgeon who performs coronary artery bypass to the neonatal intensive care nurse who directly cares for struggling newborns to the physical plant worker who makes sure all the lights in the building stay on and the operating room is maintained at a certain temperature. As an overall institution the thought of identifying risk and liability within the organization can be quite overwhelming and daunting. The best way to approach this is to break things down into specific issues or areas and focus on one thing at a time, with the overall goal to be improving quality and reducing risk to the institution. This paper will focus on three specific scenarios that represent an area of risk and liability for the institution. These three scenarios will include the safety of blood transfusions within a hospital, dealing with power failure risks within a hospital and using operational checklists to improve employee efficiency, consistency and reducing the human factor of making mistakes. Scenario one is to be specific to a scenario involving patient care and safety. The specific discussion here will be the use of blood transfusions within the hospital setting. This is a procedure that has been done for dozens of years even as medical science has made tremendous progress. The reality is that science just hasn’t found a synthetic way to carry oxygen through the blood stream and blood infusions still remain today the best way to do just that. While the best procedure out there for this, blood infusions don’t come without their risks and financial impacts. A study by the University Healthcare Consortium analyzed over 29,000 blood transfusions over a 7 year period from 2003-2009 (Williams, 2011). These transfusions ranged anywhere from scheduled routine outpatient surgeries to unexpected traumatic injuries brought in through the emergency room. The analysis identified many risks associated with blood transfusions, including poorly trained staff, lack of trained staff, minor hemolytic allergic reactions all the way up to severe anaphylactic reactions. The study was even able to identify that the time of day that the transfusion was performed could positively or negatively affect the patient outcome. So, while this can be a lifesaving procedure a blood transfusion should not be taken lightly. Another study published in the April, 2012 issue of the professional journal Anesthesiology was conducted by Johns Hopkins Hospital analyzing the outcomes of over 3000 patients who received blood transfusions. This study reveals that measuring the hemoglobin level in patients can be an accurate indicator of when a patient should receive a blood transfusion. This is a significant study because it could have a positive effect on both patient outcome and the financial costs involved in giving a blood transfusion. The Johns Hopkins study revealed that patients were being given blood transfusions when they really didn’t need it. A normal hemoglobin level ranges between 12-14 and the study reveals that a level as low as 7 or 8 is safe. Prior to this study the leading specialty societies, including the FOCUS research group (Functional Outcomes in Cardivascular patients Undergoing Surgury), set parameters that transfusions were definitely needed if the hemoglobin was below 7 and probably did not need a transfusion if the hemoglobin was 10 or above. But nobody ever set any parameters on what to do if the hemoglobin ranged between 7 and 10. This left the physician to decide when to start a blood transfusion. The Johns Hopkins study revealed that because of this most physicians always erred in the side of â€Å"safety† by ordering a transfusion any time the hemoglobin was at or below 10. But the Hopkins study has now determined that a hemoglobin of 7 or 8 can be considered safe. Giving blood to patients who have a hemoglobin above 7 shows no real benefit and truth is that the risk due to side effects may actually be increased. Remember that this procedure has been in place for decades and this new research was a game changer. The benefits to a hospital from the Hopkins study are tremendous. The study revealed that the costs to the hospital for one unit (300ml) of blood can cost as much as $1,100. While the donor gives the blood for free it must be analyzed for toxic diseases including Hepatitis and HIV (IMVS 2012). The blood is then separated into red blood cells, platelets and plasma, to be distributed specifically where needed. Include the storage and transportation costs and you can start to understand why blood is so expensive. Only giving blood when truly indicated has been shown to reduce the use of blood by up to 66% per institution with no change in outcomes to the patient including â€Å"length of stay, heart attack, stroke, death, and even the ability to walk† (Clark, 2012). This is where the HIM professional can come into play. The HIM can take research articles like this or even acquire their own research and then do training to educate the hospital staff. The Hopkins tudy indicated that when the HIM spoke directly with the surgeons and showed them the research there was a tendency to accept the new mindset and start delaying blood transfusions until the patient hemoglobin dropped below 7. This resulted in extra blood supply for those patients who truly need it and a significant reduced operating cost to the institution. It’s the HIM’s job to establish or change procedures that reflect changing and beneficial modalities and to get the information out to the hospital physicians and staff so they can help reduce institutional costs and ultimately benefit their own livelihood. This process can be done for hundreds or even thousands of processes currently in place within a hospital institution. Now we move on from our blood transfusion scenario to one involving the infrastructure of the hospital. The specific example to be used here is the hospital power supply. Hurricane Sandy revealed for many healthcare institutions in the north eastern United States that they were not as prepared as they thought. Some of these hospitals did have emergency generators in place, but they did no good for providing electricity when they were located in the basement of the building submerged in water from the flood. Sometimes it takes a real catastrophe for us to truly see how prepared we really are and how to improve. It’s crucial that a hospital be able to maintain electricity at all times. Almost every part of the building depends on electricity for staff to function and take care of their patients. Without electricity the lights won’t work, the furnace and air conditioners won’t work, the pumps won’t pump water through the pipes, ventilators will stop working and elevators won’t even be able to transfer sick patients between floors. These are some examples, but surely you can find many more failures if you look hard enough. For this reason, it is important that a hospital evaluate and have a plan in place to reduce the possibility of losing electricity and also have a plan in place if all safe guards fail. The concerns can truly be specific to a geographic area. For example, a hospital in the Midwest may not have to worry much about being hit by a hurricane, but it could be hit by a tornado. I spoke with hospital administrator Robyn Mazzolini at Advocate Lutheran General Hospital in Park Ridge, Illinois regarding how their hospital has addressed the issue of maintaining electricity to the facility. Robyn indicated that there were three specific issues of highest concern. They included the loss of power from the local utility company, flooding of the existing generators in the basement of the main hospital and damage from tornados. Robyn indicated that about ten years ago the hospital installed a generator in the basement of the main building that is capable of providing power to the entire ten story hospital, including all lights and HVAC. The problem was that the unit was very large and heavy and, as a result, had to be installed in the basement. A second generator was installed right next to the first to act as a backup generator should they lose power from the power company. These generators are also designed to operate on both natural gas or stored gasoline in the event the gas lines become compromised. This seemed to solve 90% of the scenarios that could come up. Then the neighboring community experienced a flood that shut down utilities for days and a few weeks in some areas. The hospital was concerned that they would be shut down in the event of a flood in their generator rooms in the basement. So, they added a third generator inside a remote area on the south perimeter of the hospital. This generator is located inside a concrete structure three floors above ground level. This is a smaller generator that will run specific areas in order for the hospital to stay functional. For example, this generator only supplies certain lights so that there is always enough visibility to operate. It also is designed to operate all electronics in the operating rooms, emergency room and critical care areas so there is no compromise to patient care. On the remaining medical floors there is one or two red colored electric outlets that operate off this third generator. In addition, this generator is not connected in any way to the basement level so that it can power the upper floors of the hospital even if the ground level is buried under 20 feet of water. The third generator is also enclosed in walls of reinforced concrete with the thought that it could withstand a tornado. It was the HIM and the HIT who were involved in the process to help determine the essential power needs of the hospital. The HIM evaluated the staff and the various facilities to determine that they could function treating most patients as long as there was one dedicated outlet within each patient room. The HIT also identified that the operating rooms, critical care areas and emergency room pretty much needed full power capabilities no matter what. The HIM and facilities managers both have a critical role in communicating the needs of the patients, staff and hospital to the engineers, administrators and building designers. And while Lutheran General Hospital was able to spend millions to prepare for a power disruption and pretty much covered every scenario, they still need to be ready to operate should all power to the facility cease. It is the HIM who can evaluate the various areas of the hospital based on resources, staffing and needs to determine the most critical issues to address first in the event of a total power failure. This takes a lot of time and energy and is probably an evolving process as conditions and resources change. But, in the end, it is the HIM professional who is able to connect all the dots to help bring the best solution for the organization. The third and final scenario presented here is related to staffing and how the HIM can help reduce risk and liability when it comes to the behavior of hospital staff. Hospital employees by their human nature are susceptible to making mistakes or forgetting to do certain things in the course of their patient care. Every health care institution, and any other business for that matter, strives to find ways to provide the best service possible to its customers. The challenge in improving service and reducing liability is finding a process that actually works. Ohio State University Medical Center found a way to improve the quality and consistency of patient care from its medical professionals. Ohio State did created a system of check lists to be used by hospital staff in their particular department and area of responsibility. So, there were many different checklists, but each employee only had one checklist that they were specifically responsible for. The University compared the outcome of over 3000 patients both before the check lists were used and then an additional 3000 plus patients after the checklists were used. The results were staggering. The study showed, for example, that the surgical death rate of patients decreased 47% when check lists were used compared to none used. Surgical infection rates were found to have decreased by 45%. These are dramatic results that clearly show a huge improvement in patient care and reduction of risk and liability. A possible cause for such improvement is that using checklists prevented medical staff from skipping a stop that could have caused a serious complication or infection. The aviation industry has proven that checklists work. When a pilot has a sudden engine failure there is plenty of room for panic and impulsive missed steps. This is why pilots are trained to immediately pull out their check lists, even if they have them memorized, and go systematically down the list to make sure that all steps are completed as indicated. This following of check lists has proven to significantly improve survivability of the aircraft during an emergency. The use of check lists seems to hold true for the health care industry, too, as the data clearly shows. The HIM plays a critical role in the development and rollout of these check lists to the various departments. The HIM must involve the hospital staff, managers and physicians in the process of developing a check list that easily and safely covers the needs of both the patient and the hospital. Once developed the HIM must develop and take the time to train the staff so that they understand the intent of the check lists as well as the individual steps and why they are to be completed. This training will ensure that the employees buy into the use of the check lists and choose to use them consistently with every patient. Theoretically, this should provide the same process and the same desired outcomes each time. Besides implementing the checklist program through training the HIM also plays an important role in developing a policy that says how the plan is to be implemented. Employees appreciate it when everything is clearly spelled out of what is expected of them. The HIM is in a position to deal with both the hospital administrator and the front line nurse who is physically caring for patients. This allows the HIM to obtain feedback and recommendations from all involved in the process and create or modify the plan as it is determined that changes need to take place. The HIM is possibly also in the best position to analyze the data to present the findings of the continued analysis to administrators to determine if the check list process is working or not. An example of a checklist that Ohio State University Medical Center used was the Pre-Op holding RN checklist that ends with transfer to the operating room RN checklist. Each nurse has specific duties to complete with their patient as they prepare them for their surgical procedure. The Pre-Op nurse can follow the check list to ensure that all required actions have indeed taken place. When transferring care to the operating room nurse the pre-op nurse passes on her check list to verify to the next nurse that everything has been completed properly. Each nurse is also required to ask the next receiving nurse if they have any questions. As you can see, this process really does maintain a high quality of continuity of care for the patients as they move throughout the various areas in the hospital during their stay. Cutting corners and skipping steps in the patient care process is significantly reduced if not completely eliminated and the HIM or HIT professional is involved all along in helping to create and improve the process within that hospital. This paper only discussed three scenarios in the process of seeking to maintain quality while reducing financial liability within a hospital environment. These processes can be used and applied towards the thousands of specific areas of responsibility that exist within a large health care facility like a hospital. The HIM professional really does play a crucial role in connecting the various departments and providers within a small or large healthcare institution. The HIM is in a position to know the pulse of the front line operations as well as the upper office administration’s intended direction going forward. The HIM professional can pull everyone together to compile data and make recommendations or changes that benefit the patient, the physicians and nurses, the facilities operators and even the top level administrators. There are few other individuals who are in such a good position to create such positive change. Quality HIM professionals will be in demand for many years to come.

Sympathy for Lady Macbeth Essay -- Literature Shakespeare Plays Essays

Sympathy for Lady Macbeth In this essay I am going to answer the question above and I will do this by saying whether or not I feel sympathy for lady Macbeth and I go through different parts in the play. After reading parts of the play and watching the video I don’t’ feel very much sympathy for lady Macbeth, although I do feel some sympathy for her in some parts in the play. Over all I think that lady Macbeth is a fiend as she says stuff that’s not very nice to make Macbeth do the things that she is too scared to do herself. I also think that she is a caring person really but she needed to be made evil by witchcraft, as she would not be able to do what she does through out the play in her normal person. The way that the play has been dramatised effects the way we feel about lady Macbeth. In scene 1 where there is a soliloquy lady Macbeth is just standing there speaking to herself and the audience. As she reads the letter I think that you get an insight as to what she is about. â€Å"Hail king that shalt be. This have I thought good to deliver thee, my dearest partner of greatness, that thou mightst not lose the dues of rejoicing by being ignorant of what greatness is promised thee†. I think that here she is saying that macbeth is going to be king and that nothing will get in his way as he is crowned king. In this scene you also get a look at lady Macbeth’s interpretation of Macbeth’s personality, this helps you see what type of person she has to live with and you can tak...

Online Food Catering Essay

When I first began this project, I though that I would do the normal pasta and add the cheapest sauce I could find, but then I thought â€Å"why make something typical, when I could make something that reflects my culture and is cheap†. So I did just that. I went and researched online â€Å"Arab peasant food† and came up with mixed bean soup. Some of the main challenges I faced was keeping the meal under the budget. This was especially difficult because if I add more spice, it will become too expensive, but if I don’t I will have a lot of money left over. In the end I bought some popsicles for desert(which wouldn’t be a good idea in the 30’s because the lower class didn’t have freezers). The last and probably the hardest challenge I faced was getting my family to eat my dinner. During this project I realized how tough it must be to try to think of and execute something that supports your health but is also at such a low cost. When I interviewed my family members they had some vry interesting views that I didn’t expect. My father was happy with the meal and thought it suited the assignment very well though he had some critiques of the flavor of the dish. He also stated that he â€Å"would eat the dish for long periods of time if necessary, but after more than a couple days, I would choose another dish if possible. He also said that if we were to save a couple bucks we would eat less fresh foods and no fruits or veggies. † My brother was a bit less open minded and said that the soup was very bland and â€Å"boring† and that people in the great depression â€Å"couldn’t live with horrible food like this. The healthiness of this meal is fairly good, with the exception of the popsicles. The beans provided exceptional nutritional value with high concentrations of protein and lots of fats and starch in the pasta. If I would have to live like this for a long time, I would probably get sick of it, but if it the only thing available to eat, I could cope. If a present day depression were to occur, my family would probably sell all UNNESSEARY items and downgrade on items we must have. Within this period I would feel as if my government has betrayed me and I was â€Å" left for the wolves†.

Freneau and Wheatly

Philip Freneau was brought forth in New York of Huguenot ancestry in 1752, and died near Freehold, New Jersey, in 1832. Freneau became the unrivaled â€Å"poet of the Revolution† and regarded as the â€Å"Father of American Literature†. Romantic is defined as marked by the imaginative or emotional appeal of what is heroic, adventurous, remote, mysterious, or idealized. In my opinion, Freneau’s poems make him a romantic writer because of the following reasons: First, his poems demonstrate the love of nature. In here the emotions and instinct came to be more important than reason.There was an adoration of â€Å"The Natural Man†, the â€Å"noble savage,† and the primitive and untutored individuality. The thought that the simple and unsophisticated life was best, also grew popular implies primitivism. These perceptions led to curiosity in old civilizations, glorification of Greek society and a search in archeology nurtured as a science. Another thing wa s that his poems show heroism. The overcoming of our natural fears and limitations to achieve great things is heroism. The way he wrote those predicaments, he was not afraid to tell what’s inside his heart and the actions he would do to be able to help those who are in need.He is romantic because his poems represent the love of the common man. He gave ideas about the social and economic classes as they were denigrated or put down. An era of revolutions opened when the governments were overthrown, due to the fact that it often seemed to constrain elimination of social classes. He also imparted a way to satisfy a cultural need for wisdom, or a mythology suitable to a new nation. He also shared that life was like a flower. It bloomed and died because of its short life. In my opinion, he wanted us to enjoy life and made it worth living because life is too short to be wasted for nothing.Freneau explained about the strange and far-away places. This feature relates to the love of ex otic locations around the world and in time and space. This could comprise the past or the future as well as strange places or situations in the present. He also emphasized the love and respect to the dead people that they must be treated right despite of their condition. Finally, as a whole, Freneau’s poem make him a romantic writer because he stressed deeply the exact meaning of love in all his poem. Phillis Wheatley was born around 1753 in Gambia, Africa and died on December 5, 1784 while still struggling with poverty.The salvation of Christianity evident in her three poems namely: To the University of Cambridge in New England, On being brought from Africa to America, and On the Death of the Rev. Mr. George Whitefield 1770. Salvation is the deliverance from the power and effects of sin and the realization of the supremacy of infinite Mind over all bringing with it the destruction of the illusion of sin, sickness, and death. The message of the poem entitled â€Å"To the Un iversity of Cambridge in New England† wanted to interest us on how Jesus had redeemed us for our sins and gave us another chance to enjoy the privilege of being with him.We cannot measure the goodness and passion of the Lord for us because even though we are sinners, he decided to reach us by allowing his only begotten son, Jesus to die and redeemed us and be with him someday. We should be thankful about it. While in the poem, On being brought from Africa to America it implies that there is no discrimination in the sight of God when it comes to salvation. The race or the color of the eyes is not matter in front of God. Even though, we belong to the clan of the sinners, we can be purified by the love of God if we are also willing in return and become a member of His kingdom.On the third poem, it dwells on the good motives of our God. I believe that no parents, who love their children, desire evil things for their siblings but of course the favorable and best things. Just like o ur Lord and Savior, he is inviting us to accept Him, whoever you are, whatever your condition is and what race you belong, he never chose whom He will love and save. In the sight of God everybody is fair because He is a just God, no favoritism and is loved without hesitatio

Motorolas Case Study

Motorolas Case Study Introduction Motorola is a Chicago based firm that was started in 1928 as the Galvin Manufacturing Corporation. It is a top producer of handheld cell phones and markets wireless web devices. In 2003, phone gadgets contributed to 40% of the revenue and 60% of Motorola’s operating profits. Motorola is good in communication and technology creativity.Advertising We will write a custom case study sample on Motorola’s specifically for you for only $16.05 $11/page Learn More This has been possible through its strong branding and technological innovation. The firm strives to achieve breakthroughs in technology and to emerge at the top of its competitors (Hitt, Ireland, Hoskisson, 2010). This paper seeks to explain the SWOT analyses of Motorola incorporation, as well as merits and demerits of Motorola’s strategies. Additionally, the essay identifies the levels of strategy in a firm and issues in business administration. Salient opportunities and threats that exist in Motorolas external environment The external environment analysis helps an organization to know if its resources are enough to thrive among its competitors. Opportunities are favorable external environmental factors while threats are unfavorable external environmental factors. Brand is an important opportunity for Motorola. Its brands are strategically located in the telecommunications market. This increases the chances of customers seeing and buying its products. Additionally, the firm has strong marketing and promotional tactics. It uses various marketing devices such as print media and TV. As a result, it is able to inform millions of customers about its products. Another opportunity is strong ability and readiness to take risks. For instance, through creation of new products that enables Motorola to achieve a competitive advantage. The innovation of new products brings differentiation to Motorola therefore reducing the prices of its products. Some products like Telco TV have helped the firm to be better placed in the market. The corporation has also been winning different contracts that enable it to supply its products in large volumes for a long period of time. This has also helped to boost its sales as well as performance. These opportunities have enabled the firm to grow and establish itself internationally. For instance, it has entered other markets like Taiwan and United Kingdom. The main threat that Motorola faces is competition from new and foreign firms. For instance, in 2003, Japanese, Korean and Chinese businesses were entering the market to produce and supply cell phones. Their products were cheaper and of higher quality as compared to Motorola’s.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This threatened Motorola’s profit margins such that they were almost reaching one percent (Hitt et al., 2010). Additionally, the firm does not enjoy government protection against entry of foreign businesses in to the market. As a result, foreign market players have entered the market and are almost replacing Motorola. Another threat is barrier to trade in some foreign markets. For instance, Motorola has been facing difficulties in penetrating Japan. Considering that Japan has already entered Motorola’s market, then blocking Motorola from entering Japan seems unfair. The other threat is from Sagem, which achieved the top most market position in France. It has been difficult for Motorola to surpass Sagem’s performance as it is a very strong company. Its products are of high quality and affordable. Motorola also faces threat from environmental, health and safety rules. For instance, it is required to ensure that the environment is kept clean during its production process. The costs associated with this are high and they affect the overall profits and performance of the firm. The credit ratings in the market are unfavorable to the company. High credit ratings mean that the company is charged more interest on loans. As a result, this cost is passed over to the consumer therefore reducing the competitive advantage over the other market players. Motorola’s most prominent strengths and weaknesses Strengths are internal favorable environmental factors while weaknesses are internal unfavorable factors of a business. Motorola’s strength is that it is a prominent company in provision of wireless handsets, communication devices and the single provider of iDEN network. Motorola is a leading and strong market player. For example, it acquired and managed Kreaatel therefore gaining higher chances of entering European and North American markets. The other strength is the ability to manufacture large volumes of mobile handsets at a given time. This enables it to meet the market demand with ease. It is also able to enjoy economies of scale that come with large scale production. Additionally, it is able to surpass its competitors by ensuring that its products are readily available. Motorola’s weakness is that the general quality of its business operations makes customers unsatisfied. This is because at times, the products happen to have defects which make them to function improperly. Therefore, the customers tend to opt for other technological devices which can function smoothly. Another weakness is that their employees are less skilled and trained. They also lack motivation.Advertising We will write a custom case study sample on Motorola’s specifically for you for only $16.05 $11/page Learn More They offer substandard services to the consumers because they may not know how to manufacture and operate the mobile handsets. This has reduced quality, customers and sales of Motorola’s products around the world. Another threat is weak profitability. Motorola’s profits and market share have b een dropping because of the weaknesses and threats it has been facing. This requires that the company adopts different strategies in order to regain its market position. Advantages and disadvantages associated with each of Motorolas strategic options Motorola’s strategic plans have been made using intangible and tangible facilities. The intangible facilities are employees who aim at achieving the firm’s goals and experts who possess technological creativity. The tangible facilities are the products such as telephone handsets. These intangible and tangible facilities enable the company to produce, market, sell and obtain income from its produce. However, this strategy is disadvantageous because there are many IT firms using it. Therefore, Motorola needs to identify and advance other tactics that will enable it to achieve competitive advantage. Another Motorola’s strategy is the implementation of the new WiMaX expertise. This is an essential strategy for Motorola given that WiMaX has several advantages. It can take the place of many telecommunication facilities and cellular telephone networks. It can also provide internet facilities to Motorola products. For instance, Motorola has installed WiMax in to its cell phones therefore making it an international performer in technological innovation. Introduction of WiMaX has made other big providers of communication devices to be on toes in order to offer similar facilities. For instance, Nokia and Cisco Systems are aiming at providing WiMaX services to the mobile industry. However, the strategy of using WiMaX is disadvantageous. For example, there is increased competition since other mobile technology companies are starting to provide the same services.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Additionally, the costs required to use WiMaX are getting lower as more manufacturers turn up. This has increased supply and lowered selling price therefore affecting Motorola’s profits. How the corporations strategy and organizational structure can be designed to solve the companys strategic issues There is stiff competition in the technology market. Therefore, Motorola is expected to fight for its place in order to endure and achieve competitive advantage above its competitors. It can do this by differentiation of its products and provision of competitive prices to its customers. Since there are upcoming and innovative telecommunications providers, it is important that Motorola improves its strategies (Hitt et al., 2010). In order to remain competitive, Motorola can identify and implement different products that have not yet been launched by its competitors. Additionally, it can adopt bargaining power by purchasing its production materials at affordable price. For example, it can buy in large volumes in order to obtain discounts. This way, it can be able to sell its mobile handsets at a price lower than its competitors. Motorola should also strive to create more products. Since the costs of producing digital products are reducing, customers and demand are also increasing. These customers aim at obtaining variety of products for comparison purposes. They also expect to buy quality products. This should motivate Motorola to increase its production capacity, create new products and advance its technology in order to take advantage of increasing demand. How Motorola should proceed In order to improve its strategic planning, Motorola should be highly innovative. This is in order to ensure that plans with the right procedures, mechanisms and technology are introduced. As a result, the future product needs of consumers can be met. The technological plans initiated by Motorola Corporation will need a mechanism of checks and balances which will remove market s urprises and errors. Road mapping is a strategic plan that Motorola can adopt because it can make the company to be different from its competitors. This road map offers a general procedure and database for every Motorola company to follow. This enables the companies to be in a position to advance, build and share their products, missions, visions and strategies with the whole corporation. Additionally, it is possible to centrally solve issues that are facing various sections therefore reducing problem solving procedures and time. Road mapping can also provide strategic planning which creates a competitive advantage. Various levels and types of strategy in a firm Business level strategies are methods that firms use to carry out several operational roles. These strategies are used in order to assign duties and guidelines for proprietors, managers and employees. Some of these strategies are: coordination of unit functions, utilization of labor, development of competitive advantages, id entification of market gaps and monitoring of product plans. Issues in business administration Human resource issues: These are matters or problems that face the employees. Some of them are: guaranteeing of open communications, balancing of stress and the labor force, setting up of responsibilities and conflict resolution (Bishop, 1991, p. 6). Structural issues: These are basically the factors affecting the organizational structure. Some of them include competition, characteristics of customers and suppliers and the technological and regulatory environment. Although these issues can affect business, it is important to converse with the administration before changing the organizational structure (Bishop, 1991, p. 7). Policy and Procedural Issues: This is mainly the authority that is either granted or earned by the employees or owners of a business. Authority entails application of control within a firm. For instance, there are procedures for approving and delegating of responsibiliti es and authority. An organization can use Management by Objective (MBO) to coordinate and allocate authority and duties. Current Operating Reports should be made in order to give management and employees an updated schedule of expected goals and objectives (Bishop, 1991, p. 8-10). Risk management issues: This involves identifying and solving uncertain factors that can affect the profitability or goals of an organization. It is the role of management to weigh the consequences of these concerns on the whole business. Some of these issues are: asset theft, computer offenses, scams and breach of laws (Bishop, 1991, p. 10). Conclusion Motorola Incorporation has various opportunities and strengths that allow it to establish a stable market position. Its opportunities are strong marketing and promotional tactics, strong brands which are strategically located, creative technological advances, different contract awards and strong ability and readiness to take risks. Its strengths are the abi lity to manufacture in large volumes and becoming a leading and strong market player. On the other hand, Motorola faces threats from its competitors such as Japanese and Korean cell phone manufacturers. They sell related telecommunications devices and sell them at a lower-cost price. The other threat is barrier to trade in foreign markets as well as environmental, health and safety rules. High credit ratings deny Motorola the chance to borrow capital at an affordable rate. As a result of these threats, Motorola has initiated competitive techniques such as WiMaX technology which has enabled it to attain a competitive advantage. There are various business level strategies that have been initiated in order to assign duties and guidelines for proprietors, managers and employees. There are also issues affecting business administration. These are human resource issues, structural issues, policy and procedural issues as well as risk management issues. References Bishop, J. (1991). Manageme nt Issues for the Growing Business: Emerging Business series. Web. Hitt, M., Ireland, R., Hoskisson, R. (2010). Competitiveness and Globalization, Concepts: Strategic Management Series.Concepts. Connecticut, U.S.: Cengage Learning.

Soap Operas Essays - Social Realism, Soap Opera, EastEnders

Soap Operas Essays - Social Realism, Soap Opera, EastEnders Soap Operas What forms of pleasure can be found in viewing the continuous serial on TV? The continuous serial is more commonly known as the soap opera, and is peculiar in that each episode cannot be watched and understood on its own; the viewer must watch the episodes before and after to understand what is happening. According to Brown the soap opera has 8 typical characteristics (see appendix 1). Television is becoming an increasingly important part of society. We have more televisions in our homes, and on those televisions there are more soap operas for the viewing public e.g. EastEnders, Coronation Street, Emmerdale, Neighbours, Home and Away, Brookside, London Bridge, and HollyOaks. Individuals undoubtedly get a lot of pleasure from them, and although the soap opera is viewed as entertainment, there should be a cautious approach to this view, because television is an influential part of our society. In this essay I will look at the pleasures and the consequences. Escapism is one form of pleasure. The soap provides an outlet for an individual to escape the responsibilities of their own life. As soon as the familiar theme music begins the viewer is transported to another world, although Mike Clark poses the question (page 19) What sort of escape is it that constantly refers to the very issues that may be troubling the viewer?. Another pleasure of soap operas is the continuity of the characters and settings (Clark, page 19). The familiar settings give a sense of a stability and order to the viewer. Most people know the Rovers Return in Coronation Street or the Old Vic in EastEnders. The individual feels at home with a soap and its characters, of which there can be up to 40; all are old friends to the regular viewer. For the most part they do not set out to shock. Because the characters are ordinary and believable, Mike Clark states that the actors must be the same in their lives outside television. He tells us that: When Peter Adamson, who played Len Fairclough, was charged with sexually molesting a child and subsequently killed off from the program, his crime was not that, precisely (he was acquitted), but rather one of deviating from the unexceptional norms of Coronation Street and of the viewers at home. Seeing someone who had been publicly associated with such an offence, and thinking I wonder what really happened, would be disruptive of the kind of low-key realism attempted by the program, therefore out he had to go. Im not sure that this argument would hold true today. His book was published in 1987 and since then I think the public has become more tolerant, and apart from that, Coronation Street has become more controversial in its storyline; these days generally any publicity is good for a soap. This leads to another pleasure derived from the soap opera. The private lives of the actors, reported in the press and on the television, provide an infinite source of pleasure for the viewing public. In the Evening Standard (Tuesday 3rd March 1998) there were three separate articles about three different actors from EastEnders: Barbara Windsor, Paul Bradley, and Patsy Palmer. However, such public interest can create a problem for the actors, in the form of admirers and stalkers and the public still perceiving them as their on screen character. Empathy with the characters can reduce the viewers own problems as they realise that other people also suffer; another good reason to watch a soap. Biancas abortion storyline, in EastEnders, may have helped people in similar situations think about the relevant issues before making their own decision. Regular soap opera viewers who have followed a particular soap for years, according to Clark acquire an expertise and a fund of archival knowledge, which enable them to experience the programs more fully, and more enjoyably. So, they understand the personalities, strengths and weaknesses of the characters in the soap, and will often know exactly how a particular character would act in a particular situation. For them, this makes soaps more pleasurable. The romantic interest in the soap holds many viewers. Who will fall in love? Who will have an affair? Who will get married? At the time of writing, in Coronation Street the

6 steps HR can take that will make employees motivated and happy

6 steps HR can take that will make employees motivated and happy Employee morale and motivation can be a tricky thing. Happy employees are usually far more productive than unhappy employees. But with a diverse range of people in your organization, how do you maximize those factors for as many people as possible? After all, people are motivated by different things. Let’s look at some best practices to get the good motivation flowing.Offer solid benefits packages.Make sure that employee compensation is at least in line with what others in your industry are offering. If people see that your rival, Company B, is offering a similar salary but has medical, dental, and vision insurance while you just have medical, you risk disgruntlement and turnover.Remember that employees are not a faceless mass.They’re individuals, so they should be treated like individuals. Make an effort to get to know the people in your company- not just the executives, or the department heads, or the people who come into your office for help on an issue. Something as simple as learning everyone’s name can help them feel more at home. This can be difficult if you work in a large, corporate environment, but the effort you put into greeting people individually will pay dividends when it comes to employee satisfaction.Getting to know your employees also helps you refine your practices in real time as you get to know people better, what their challenges and priorities are at work, what they value, etc.Remind employees that they have a stake in the company’s performance.If your company offers stock options or profit sharing, that’s a direct way to involve employees; but if even if your company doesn’t offer those things, there are ways to engage employees. Regularly sending out announcements about how the company is doing and emphasizing how employee contributions are driving success can help create a feeling of productive teamwork.hbspt.cta.load(2785852, '9e52c197-5b5b-45e6-af34-d56403f973c5', {});Set realistic goals.When setting employee goals, make sure they’re both meaningful (specific) and achievable (realistic). Goals that are too vague or too far outside of the realm of possibility will likely fall by the wayside. Specific, actionable goals (preferably with milestones set against them) improve motivation by offering smaller, trackable successes along the way.Reward good performance.Nothing is quite as demoralizing as doing a great job and then feeling like no one cares. Providing recognition (with tangible awards) or performance incentives can help nurture employees to reach for successful outcomes. We’re human. We like rewards- it’s the part of the brain that reveled in getting star stickers in elementary school or getting a treat for good behavior. We may not need a cookie, per se, but a token to acknowledge hard work and success is always appreciated.Make sure employees have the resources they need to do well.This may seem like a no-brainer- after all, aren’t you their resource?- but people are motivated and more productive when they feel like they have all the tools they need to do a job. Comprehensive training, educational opportunities, leadership seminars†¦these are all tools that can help employees feel better prepared to do their jobs and grow their careers at your company.

Art Management ,Collector management Essay Example | Topics and Well Written Essays - 1250 words

Art Management ,Collector management - Essay Example First of all, the site will incorporate smart points where consumers will get loyalty points from which they can redeem them. For example if a consumer buys a piece of art through the website then the more they spend the more they get loyalty points. For every 100 dollars a consumers spends through the site they will get one loyalty point hence the more a consumer uses the site to buy art the more the accumulate loyalty points. These loyalty points can be redeemed in order for a consumer to enjoy a discount, a gift hamper or specific fine art for free depending on the amount of points a consumer has. For instance, a twenty percent discount can be given by redeeming 10 points. For some fine arts one can get them at no cost at all by redeeming one hundred loyalty points. This is systems will encourage consumers to use the site since currently no online auctioning site for fine art offers loyalty points to its consumers. JFlora.com will use social networking to ensure that its customers are always up to date with any new work of art that is for sale. This is another aspect of the website that currently no online auctioning website for fine art is using. The use of social networking marketing has proved to be cheap, convenient, and reliable since it has worked for other companies in other industries. Social marketing will be incorporated into the website in that once a customer registers in the website then they will be able to get information about art galleries, art events, and art products on sale making it easy for them to know what and when to buy. For instance, if a painting has been posted to be on sale on the website, then customers do not have to wait until they log in into the website. They can simply place their bids using social networks such as twitter and face book then if they are the highest bidder they will be contacted by personnel from the website informing them on their successful bidding. This is when they will be prompted to log into their acc ount where they will choose the method of payment they see fit. Jflora.com will also be conspicuous from other online auctioning websites for fine art such as paddle8 and VIP Art in its wide list of payment option. Normally such auctioning sites usually offer a limited range of paying options which are credit and debit card. However, J Flora has come up with a system where a customer can pay for the items purchased using Bank transfer, Credit card, internet currencies, wire transfers, mobile money, and personal cheques. This wide variety of payment options will be made available by the website through a system where, instead of the customers paying directly to the owner of the painting, he/she will pay to the company where the company will release the item to the buyer once they have received proof of payment. This means even if the customer pays for a painting using a personal cheque, the company will release the item to the buyer as long as a copy of the personal cheque is receive d by the company meaning that the buyer does not have to wait until the cheque matures. The J Flora company will incorporate security measures not being used by other websites to ensure that customer information is treated with a lot of privacy ensuring that they do not lose their money to identity thieves or fraudsters which has been the case in online buying and selling. In fact, quite a number of consumers

Managing a project Assignment Example | Topics and Well Written Essays - 2000 words

Managing a project - Assignment Example Though, sometime negligence in effective handling and controlling the project tasks lead to failure of the overall project. The same thing happens to the construction project for the restoration of the Arbours and Avery in the lost Elizabethan Knott Garden at Kenilworth Castle. This happened due to the costly material, difficult to source materials, as well as use of less specialist technicians to carry out their work. This project is part of an ambitious 2.5 million restoration project by English Heritage. However, to make this project successful MD of the construction company has contracted our team to develop and manage this project. In this case the present report will offer a detailed analysis of the development and implementation of the new planning and handling strategy for the corporate for the successful completion of the project. English Heritage has initiated a project to restore the Arbours and Avery in the lost Elizabethan Knott Garden at Kenilworth Castle with the budget of 2.5 million restoration project. However, immediately after the beginning of the project problems and difficulties have appeared in effective handling and management of the project. The main problems appeared are the technical problem through the Arbour’s complex construction whereby the unusual architect’s specification has proven to be flawed. The project stopped due to the failure to meet the quality and health as well as safety standards set. Here we also view problems of hidden costs prompting individuals to look for shortcuts that are not being captured by the project tracking, means there is no visibility of actions. Therefore the overall project has turned out to be a mess in case of its development. After viewing all potential problems in effective handling and managing the project, we are going to propose new project management initiatives and planning tasks to effectively manage this project.

Discussing incentives to conserve marine biodiversity conservation Essay

Discussing incentives to conserve marine biodiversity conservation within the framework of impure public goods - Essay Example It is important to note that their benefits can be affected when the government decides not to offer the conservation. (Maxwell) Ordinarilly, an externality is the effect of an economic activity felt by those not directly involved in the economic activity. Positive externalities are often described as spillover effects to suggest their effects are felt by consumers who were not directly intended by their producers. The impure public goods such marine biodiversity and other environmental amenities are not to be supplied privately because the provider cannot capture the benefits and therefore no one can be excluded, so free riding is possible. Clearly, some aspects of marine bear the characteristics of a public good. Marine contributes to global biodiversity and enhances the well being of the majority of people. (Bulte) Ordinarily, no one has the appropriate incentive to provide marine habitat or otherwise protect marine as they cannot capture the full benefits from the needed investments. Market failure occurs because the amount of a public good is underprovided, and thus marginal social benefits exceed marginal social costs. In this case, more of the public good should be provided, but it is forthcoming only if society subsidizes a private supplier, or provides it publicly. (Bulte) On the other hand, negative externalities that include the government regulations impose costs on society that extend beyond the cost of production as originally intended by the producer. A producer of a negative externality who does not have to worry about its full cost is likely to produce an excessive harmful amount of the product.Ordinarilly, regulations and fines may deter the production of negative externalities. But the effects of regulation may be limited under conditions such as where negative externalities are so pervasive they encourage free riding attitudes, where negative externalities are so pervasive their producers could

3107 Term Paper Example | Topics and Well Written Essays - 1500 words

3107 - Term Paper Example Good infrastructure is between nations have also encouraged international trade. The infrastructures such as those that enhance transport and communication have been regarded as the core determinants of a country development and therefore different nations have invested in them to encourage investors. The forces of demand and supply are the main drive for the international trade. Countries do have special products and services that they do produce in bulkiness and at low cost (Lecture notes chapter 1). These qualities gives the country the power to have a market share in the world market where the sell their commodities. The benefit accrued from the global trade is that the country can get access of the surplus produce and can fill in the deficit of commodities that is unable to produce at a cheaper cost. Development of the information and communication technology across the globe is also a boost to the international trade as people from different regions of the world can do business regardless of the geographical distances. The increase in trade between two or more countries has also been affected by the international production. Countries have been moving their units of production to countries other countries as seen by the U.S.A firms shifting to China. The reasons for international production are mainly for cost reduction. Firms may move their industries to other countries where the main raw materials are readily available. Setting an industries in the base where raw materials are readily available helps the industry to cut the cost of production by cutting out the cost related to the transportation of the raw materials to the production site. Industries are also shifting to countries where the labor cost is cheap. Most of the international firms from the west are setting up industries in the third world countries where the labor cost is cheap. Cheap labor leads to low production cost and therefore the investors finds advantage of setting up firms in

Biomimicry Architecture Essay Example | Topics and Well Written Essays - 1750 words

Biomimicry Architecture - Essay Example From the essay it is clear that the increased demand for energy efficient buildings materials has necessitated need to turn to nature for solutions. It is undeniable architects, designers, and engineers are developing biomimicry architecture walls or skins through the same mechanism as the skins of various natural creatures and features to maintain and reduce energy wastage.   Nature provides the best source of ideas in architecture by enabling architects to develop skins that are ecologically friendly due to their unlimited advantages. Nature has many forms that can be referred to by architects to develop structures that are unique and efficient. Moreover, nature provides a solution to the energy problem that has been a major challenge in the construction industry for a long time. It has provided ideas on how the buildings can reduce energy usage and some of the importance of mimicking nature in reducing energy use in the following ways.According to the report findings the imitati on of natural structures provides an opportunity for the use of low energy sources, thus facilitating use of renewable sources. Most of the nature mimicking buildings are powered by solar energy, which is a renewable and eco-friendly source of energy to reduce the consumption of the electricity.  A good example of such a building is the All Season Tent Tower that has been constructed to imitate a volcano.

3107 Term Paper Example | Topics and Well Written Essays - 1500 words

3107 - Term Paper Example Good infrastructure is between nations have also encouraged international trade. The infrastructures such as those that enhance transport and communication have been regarded as the core determinants of a country development and therefore different nations have invested in them to encourage investors. The forces of demand and supply are the main drive for the international trade. Countries do have special products and services that they do produce in bulkiness and at low cost (Lecture notes chapter 1). These qualities gives the country the power to have a market share in the world market where the sell their commodities. The benefit accrued from the global trade is that the country can get access of the surplus produce and can fill in the deficit of commodities that is unable to produce at a cheaper cost. Development of the information and communication technology across the globe is also a boost to the international trade as people from different regions of the world can do business regardless of the geographical distances. The increase in trade between two or more countries has also been affected by the international production. Countries have been moving their units of production to countries other countries as seen by the U.S.A firms shifting to China. The reasons for international production are mainly for cost reduction. Firms may move their industries to other countries where the main raw materials are readily available. Setting an industries in the base where raw materials are readily available helps the industry to cut the cost of production by cutting out the cost related to the transportation of the raw materials to the production site. Industries are also shifting to countries where the labor cost is cheap. Most of the international firms from the west are setting up industries in the third world countries where the labor cost is cheap. Cheap labor leads to low production cost and therefore the investors finds advantage of setting up firms in

Applications paper Movie Review Example | Topics and Well Written Essays - 1500 words

Applications paper - Movie Review Example As Guy planned revenge, a twist in the ending showed Buddy confessing having had same bullied treatment before he became the manager, and this is his way of motivating Guy to succeed. Plot 2. Smoking Room is a movie about discrimination and culture.(The world of business in movies, 2009). It is about a middle level executive (Ramirez), who got enraged when his U.S. based office ban smoking in the office premises. If anyone wants to smoke, he has to go out of at least 20 ft. from the office premises, sometimes exposed to freezing cold or burning heat of temperatures. Ramirez who claims to have a Spanish descent, believes this rule is discriminating and disregards the acceptability of the Spanish smoking culture. He was alone in his campaign after his colleagues left him in his fight due to office politics, agenda and convenience.(The World of Business in Movies, 2009). Let us first identify the fundamental concepts of organizational behavior. These are individual differences, perception, whole person, motivation, desire for involvement, and human dignity. These concepts are transformed in the four models of organization that are described in the movie. Study looks at the concept of human dignity in â€Å"Swimming with Sharks† and Individual differences thru diversity in â€Å"Smoking Room†. â€Å"Swimming with Sharks† is a movie that reflects an organizational concept of boss-employee relationship that is defined in an autocratic manner. It is a movie shown in 1994 but continues to share its relevance in organizational behavior studies today. Although the movie is done in a comical way, the characters played perfectly the roles in a conflict situation in an organization; one that tries autocratic authority to compel obedience, and an employee-employer relationship based on fear. The movie gives credit to the saying â€Å"the end justifies the means†, wherein the finale of the movie shows the assistant elevated to a higher

Condom Use and its Myths Essay Example for Free

Condom Use and its Myths Essay In the first summary of a peer reviewed article, an article was found called Sexual Coercion, Verbal Aggression, and Condom Use Consistency among College Students. The journal in which this article was found is Journal of American College Health, Vol. 59, No. 4 pp.273-280. The greater hypothesis of this article was the staggering coalition of sexual coercion, which is the forcefulness of people to use peer pressure, alcohol, or other measures to get their sexual desires met. The intent of the article was also very strong with the condom use numbers amongst its research group. Which, this author finds to be the important statistic and what the final draft will be based upon. The research that was conducted in the article was from a mid-sized college in the south eastern United Sates. The authors and researchers got together 600 undergraduate students and asked them questions based on the relative research. Questions like, I insulted or swore at my partner?, I used insults to make my partner have sex, I know that if my partner is drunk enough they won’t make me use a condom, etc. A large number of questions and evidence were conducted; however the staggering number was the condom use numbers from freshman-senior. The number declined at a rapid rate. Proving what I was trying to hypothesize†¦The older you get, the less condoms are used. As previously stated 600 people were chosen at random, 150 freshmen, 150 sophomores, 150 juniors, and 150 seniors. They were all emailed the survey, and only 148, roughly 24.7 completed them. This makes the research style survey or questionnaire. The staggering result from the research was that 30.4% of the surveyed students used condoms all the time, where 26.7% reported never using any means of protection. The authors of the article offer a few hypotheses about their research, which are â€Å"Sexually Active Students Who Report Being Victims of Sexual Coercion Will Be Less Likely to Use Condoms Consistently† (Fair, Vanyur, 2011). â€Å"Sexually Active Students Who Report Being Victims of Verbal Aggression Will Be Less Likely to Use Condoms Consistently† (Fair, Vanyur, 2011). â€Å" Alcohol Use Will Be Associated With Episodes of Sexual Coercion and Verbal Aggression† (Fair, Vanyur, 2011). â€Å"Sexually Active Students Who Report Using Alcohol Before or During Abusive Episodes Will Be Less Likely to Use Condoms Consistently† (Fair, Vanyur, 2011). The second of our articles if from the world of the â€Å"Google leavened† media, and the source for our article is Reuters. In this article author Julie Steenhuysen describes the current numbers of sexually active teens to their adult counterparts, and their condom use statistics. When the article starts with, â€Å"U.S. teens are not as reckless as some people might think when it comes to sex, and they are much more likely to use condoms than people over 40, according to a survey released on Monday that could help guide public health policy† ( Steenheysun, J. 2006). it has to be good. The research used in this article is from sex researchers at Indiana University and paid for by Trojan condom maker Church Dwight Co. At first glance this author didn’t see anything staggering wrong with their choice in researcher, but after some examination and the article lack of tables, or any other information made this author think. Is this data accurate, and who were the constants in the survey pool. Some of the evidence this article gives us is, â€Å"Condom use is higher among black and Hispanic Americans than among whites, and is lowest among people over 40, the nationally representative Internet survey of 5,865 Americans aged 14 to 94 found† (Steenheysun, J. 2006). â€Å"Only 14 percent of 14-year-old boys reported any kind of sexual interaction with a partner in the prior three months, but almost 40 percent of 17-year-old males did†(Steenheysun, J. 2006). â€Å"In this study, somewhere between 70 and 80 percent of adolescents reported condom use at their most recent vaginal intercourse† (Steenheysun, J. 2006). There were other statistics pertaining to our topic but we will leave that at that for now. In this article there were no conclusions or hypothesis about the data, but it is clear that the data (as un researchable as it is) did speak for itself. Indeed there is a correlation between adolescent condom use and that of adults. Scholarly Articles vs. Popular Media In the world of the internet and all other forms of media blasphemy the facts and lack thereof can be very twisted and exposed in ways that make them seem more legitimate. While in reality most of the articles and sources found in popular media are just words with no backing vocals. Both of the articles had similar information; however the articles differ immensely on how they present there evidence and the facts themselves.

Procedural Fairness in Unfair Dismissal

Procedural Fairness in Unfair Dismissal Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004: A report - In October 2004 the government introduced a statutory minimum disciplinary and grievance procedure dealing with disputes in the workplace. These procedures and related rules are set out in the Employment Act 2002 (Dispute Resolution) Regulations 2004 and state that employers must follow a minimum dismissal and disciplinary procedure in the workplace or otherwise dismissal will be automatically unfair. When bringing a claim at the Employment Tribunal for unfair dismissal, employees are also entitled to additional compensation if these disciplinary and dismissal procedures are not adhered to. Although the aim of the Regulations was to encourage informal resolution of disputes, many employers felt that they were too complicated and did not achieve the desired aim. Gibbons (2007 pg.24)[1] sums up this view, ‘The procedures are seen as a prelude to employment tribunals, rather than a way of resolving problems in the workplace’ The Employment Bill 2007 therefore recommends a repeal of the Regulations for what is hoped will be a more straightforward regime likely to come into force in April 2009. The Regulations A standard dismissal procedure as per the Regulations involves the following three steps. The first is a letter which must be sent to the employee setting out the reason for dismissal and inviting them to a meeting at a convenient time and place. The employee must be given time in which to consider the letter and then has a duty having done so to take all reasonable steps to attend the meeting. The second step involves the actual meeting which has to be conducted in a manner which enables both employer and the employee to explain their case. After the meeting the employee must be notified of the decision and provided a right of appeal. The third step would be the appeal process and if the employee wishes to appeal, they must inform the employer who will then invite them to an appeal meeting. The onus is on the employee to take all reasonable steps to attend this appeal meeting and as far as is practicable a more senior manager from the organisation should attend the appeal meeting. The appeal meeting must be conducted in the manner in which enables both the employer and the employee to explain their case. After the meeting the employee must be notified of the final decision. During every meeting in the process, the employee has a right to be accompanied by a work colleague or a trade union official. This companion may address the hearing, confer with the employee during the hearing and may also sum up the employees case but must not answer questions on behalf of the employee. In the case of a grievance against an employer the same steps must be followed with the letter sent from employee to employer stating the nature of the grievance and asking for a meeting to be held. Where the employee has already left employment the Regulations provide for a modified procedure that does not require the Step 2 meeting. The problems created by the Regulations When the Regulations came into force on the 1st October 2004 the government resolved to revisit them after two years. The Department of Trade and Industry confirmed this in its Success at Work Report (2007 pg. 8)[2] ‘This is a key part of DTI’s work to simplify regulation, by removing compliance costs and complexity, and addressing irritants for business and others affected by employment law, while ensuring that employee rights are protected.’ The government then commissioned an independent report on the 12th December 2006 written by Michael Gibbons who was asked to assess all employment dispute resolution procedures including suggestions for adapting the Regulations if he found them not to be fit for purpose. He interviewed over 60 employers, employees and intermediaries involved in dispute resolution. Gibbons in his report entitled Better Dispute Resolution (2007 pg.5) states[3], ‘In conducting the Review I was struck by the overwhelming consensus that the intentions of the 2004 Regulations were sound and that there had been a genuine attempt to keep them simple, and yet †¦as formal legislation they have failed to produce the desired policy outcome. This is perhaps a classic case of good policy, but inappropriately inflexible and prescriptive regulation.’ It became apparent that the regulations did not state clearly what a written grievance was or what it was to contain. With no specific guidance on this, parties called for procedural hearings at the ET to establish whether the claimant actually put their grievance in writing and whether all of the claims that were found in their Claim Form had previously been evidenced in the grievance letter. The respondents were claiming that this was not the case and therefore there was no case to answer. Therefore although the procedures were clear as to the steps to follow in bringing a dispute insufficient guidance was given about each stage leaving Tribunals with an increase in the number and length of proceedings. Gibbons explains the difficulty with identifying what constitutes a grievance letter (2007 pg.8), ‘†¦comments in resignation letters and in 360-degree feedback forms have been held to meet the requirements, so some employers feel it is necessary to check closely and investigate any written communication that might be construed as a grievance’ Although the intention of the regulations was for early informal resolution of disputes, the drafting of the Step 1 letter and consequent meetings in practice escalate many issues taking up management time and proving stressful for employees. Also the three step process as outlined above was not always adequate in all circumstances. Small businesses in particular have complained about the formal, ‘one size fits all’ approach of the regulations. Gibbons explains (2007 pg. 8), ‘†¦the appeal stage is an unnecessary burden, especially for small businesses. The appeal will often be to the same person who made the original decision. It can also be difficult in cases where employees have left the workplace. One business felt it necessary to follow the three-step procedures for each of their Christmas temporary staff before they left – a process which added no value.’ The main thrust of the opposition to the current regime is that it has created an unhealthy overlap between the resolution of disputes and the litigation procedure which should as far as possible be kept separate. For example the regulations stipulate that before a claim is lodged at the Employment Tribunal (ET) a grievance letter must be sent to the employer within three months of the alleged dismissal or conduct. Any breach of the procedure would allow the Tribunal to grant up to 50% increase if the fault was that of the employer or 50% reduction in the award depending on whether the fault was that of the employee. Of course apart from the fact that it is not always easy to ascertain whose fault led to a breach of procedure such stipulations and penalties mean that litigation has to be considered at an early stage when resolution of the dispute should be paramount. Gibbon states (2007 pg.25), ‘Both large and small businesses have reported that the number of formal disputes has risen. The Review has heard that 30 to 40% increases have been typical in the retail sector.’ Further complications arise where there are multiple claims for example in an equal pay case and the three step process has to be repeated many times creating an unnecessary administrative burden. The same burden is also felt where and employer seeks to follow the disciplinary steps and at the same time the employee also seeks to pursue a grievance. ‘It is not always clear how the two strands of the Regulations should operate in such circumstances, and employers can feel compelled to hold excessive numbers of meetings and write excessive numbers of formal letters to be sure of fulfilling the procedural requirements’[4] The proposed reforms As a result of the Gibbons Review, the Government held a consultation and the responses received formed the basis of the present reform proposals published in the Employment Bill 2007 which has received royal assent and is now the Employment Act 2008. The first major reform is for the Regulations to be repealed in their entirety in April 2009 and replaced with a revised ACAS Code of Practice (the Code) which has been agreed in draft form. There will also be non statutory guidance also provided by ACAS. ACAS stands for the Advisory Conciliation and Arbitration Service and currently offers employees an arbitration service as an alternative to resorting to proceedings. Also it has always provided a Code for resolving disputes but it is only now being adapted and incorporated into statute. In actual fact the revised ACAS code provides for the same three step procedure but does not incorporate the same penalties and conditions as the Regulations. There have also been some additional requirements which seem to lean towards ensuring that employees behave ‘reasonably’. The draft Code is designed to provide basic practical guidance for disciplinary and grievance procedures but is limited as it will not apply to dismissals as a result of redundancy[5] or expiration of a fixed term contract.The Code describes the remit it covers[6], ‘Disciplinary situations include misconduct and/or poor performanceGrievances are concerns, problems or complaints that employees raise with their Employers’ It suggests in the Foreword of the Code[7] that employers and employees should try to resolve disputes between them. However if they cannot, they should seek the help of an independent third party inside or outside the organisation. The Code provides that where the Employment Tribunal must ascertain compliance with the Code it will do this on a case by case basis taking into account the size and resources of the employer. Therefore unlike the Regulations there is no expectation that all business will comply with every provision in the Code providing greater flexibility for employers. In relation to disciplinary procedures the first step is to establish the facts of each case by collating evidence and holding an investigatory meeting if necessary. The Code then states[8], ‘If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting’ New provisions provide for evidence collated including witness statements to be provided by the employer with the letter requesting a disciplinary meeting. Also an employee may call their own witnesses. The statutory right to be accompanied to this meeting still stands however the Code’s emphasis on ‘reasonableness’ is evidenced where it states[9], ‘However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would not prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.’ The dispute Regulations had provided that on appeal the employer only had to make one attempt to reconvene the meeting however under the Code the employer has to show that the employee has persistently been unable or unwilling to attend before a decision can be made in their absence.[10] If the employee decides to appeal, grounds of appeal in writing must be submitted to the employer.[11] This requirement was not found in the Regulations and the idea behind it is to ensure that further time is not spent discussing issues that have already been covered in the first meeting. In a case of a grievance for example instead of the emphasis on a Step 1 grievance letter, the revised Code states[12], ‘If it is not possible to resolve a grievance informally employees should raise the matter formally and without unreasonable delay’ The employee should inform the employer of the grievance preferably in writing and the letter should be addressed to the line manager. Unlike the Regulations, a claim would not be barred in absence of a grievance letter although a failure to send this letter would be a breach of the Code and may lead to a reduction in the award. The Code states that a meeting must be heard pursuant to the letter and that the employee must have the right to be accompanied by a colleague or trade union official. As with the disciplinary procedure, the requirement here is that the right to be accompanied is reasonable. During the meeting the employer can ask for an adjournment in order to carry out an investigation. There is also a right of appeal and subsequently the employee can decide to take the matter further and pursue the case in the Employment Tribunal. The new regime will not hold a dismissal to be automatically unfair if there has been a breach in procedure. Employment Tribunals will have to decide cases on what is fair and reasonable and will have discretionary powers to adjust awards of up to 25% if either employer or employee has not followed the ACAS code. In relation to this provision the government report Resolving Disputes in the Workplace Consultation (May 2008 pg.16) it states, ‘This will be a power rather than a duty in order to allow the employment tribunals discretion to apply it in the interests of justice and equity’ It is hoped that these reforms will give a higher level of flexibility in resolving work place disputes and various businesses can tailor the new regime to their specific needs. The Government has also agreed as part of the reform to invest  £37M into the ACAS helpline system in order to provide early mediation for workplace disputes that would otherwise result in tribunal claims. Resolving Disputes in the Workplace Consultation (May 2008 pg.16)[13] states, ‘The government considers the way forward should be a short non prescriptive Statutory Code setting out the principles of what and employer and employee must do supported by fuller statutory guidance’ The idea is that the new statutory code will provide guidance for employment tribunals and the non statutory guidance will be used by employers and employees. Where a grievance arises during a disciplinary process, the disciplinary may be suspended or both can be dealt with concurrently if related. The Code does not cover collective grievances which must be dealt with under the agreed collective grievances procedures agreed with trade unions. The likely effect of these reforms on employers and employees It is unlikely that the Code will have a major change on the dispute resolution process in the work place. The code incorporates the same three steps that were found in the Regulations. There is still a penalty of an increase or decrease in the award up to 25% depending on whether the employer or employee is at fault. Because the employee is likely to suffer a reduction in compensation of up to 25 % the pressure to ensure a grievance letter is sent still remains. Although unlike the Regulations, the claim is not barred due to failure to lodge a grievance, the number of grievances brought by employees is not likely to be reduced for so long as there remains a penalty, albeit the employee at the grievance stage may not have considered litigation. So arguably there may not necessarily be reduction of time spent on hearing and processing grievances in the workplace. Also with the repeal of the Regulations there is no automatically unfair dismissal because of non compliance. Many have argued that this places fewer restrictions on unscrupulous employers therefore increasing the likelihood of litigation. There would need to be clear communication by the government and business to their employees as to how the new regime will work and arrangements need to be put in place for the transition between the old and new procedures. As far as practical points flowing from the provisions of the ACAS Code, the following would ensure that employers are taking the right steps to ensure compliance although there still remains areas of uncertainty that will only be made clear once the Code is put into practice. Mediation training should be provided for Human Resources staff to act as internal mediators and consider compiling a list of good mediators outside the organisation. In the Introduction of the Code, it states that employees should be involved where appropriate in the development of rules and procedures so to this end it would be prudent if employers hold consultation meetings with employees and their Trade Union Representatives during the transition period between the Regulations and the Code. Guidelines should be provided as to how to provide a ‘reasonable opportunity’ to call witnesses (Clause 12) and establish in policy that that the right to be accompanied is subject to considerations as to reasonableness (Clause 15). These issues are clearly subjective and would vary on a case by case basis and are therefore likely to prove controversial or even problematic Guidelines should be drafted as to when and under what circumstances the employee has shown inability or unwillingness to attend a disciplinary meeting without good cause. Different people should oversee the investigatory and later the disciplinary process. In order to facilitate early resolution of disputes as well as implementing the Code the government also intends for ACAS to provide a helpline where simple disputes can be dealt with over the phone or by internet. This extends the existing right to mitigation that parties must be notified of in any dispute. However the issue is ensuring that ACS has the necessary funds and staff to successfully fulfil this role. Staff must be well trained in providing employment advice and negotiating settlement between parties. Another proposal is that the Employment Tribunal Application process should happen via the helpline giving claimants access to advice on their claim and alternatives to litigation. Not all involved in the dispute resolution process favour these reforms. In the government report Resolving Disputes in the Workplace Consultation[14] it states ‘Opponents of repeal included a number of Trade Unions, representatives of vulnerable workers and individuals. Many cited the benefits of having a standard required procedure in all workplaces which operated to the benefit of workers in all types of organisations and encouraged good practice.’ From the point of view of an employee, the fear is that the new regime and its emphasis on ‘reasonableness’ leaves too much to the discretion of the employer. This coupled with the removal of the automatically unfair provision has left the issue of unfairness to the Employment Tribunal who will access the situation based on many factors other than breaches in the code including the size and resources of the employer. There is therefore an element of uncertainty in the new provisions certainly for the employee but for the employer as well. In the Legal Action Group’s response to the government consultation (June 2007) it states,[15] ‘Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (the ‘regulations’), will not improve the poor position of the many, low paid, non-unionised, workers in the labour market. The government should act to protect the most vulnerable by encouraging trade union organisation and by other legislative measures.’ The concern of the Group is that the government’s emphasis on mediation could lead to vulnerable employees losing their right to a formal hearing to resolve disputes. In order for alternatives to litigation to be properly considered good quality advice needs to be available to all however only a third of the working population are trade union members. A lack of access to legal aid will mean that non members will not have proper recourse to legal advice. It seems unlikely that the ACAS helpline proposal will cater for all workplace disputes. The Code has also been seen as unfair towards employees as it does not take into account that in reality there is rarely a balance of power between employer and employee. Employers have more resources and employees tend to already feel intimidated when bringing a grievance. A simple dispute could still have as its underlying cause a long term abusive policy against workers which of course cannot be resolved through a telephone conversation with an ACAS mediator. Indeed there are many categories of workers including the elderly and disabled or those with language difficulties who would need face to face advice. The LAG report states,[16] ‘We have to question whether the DTI is taking an even-handed approach to the resolution of work-related disputes or whether it has bowed to pressure from the powerful employers lobby.’ The overall view therefore of those acting for employees is that although the Regulations were unnecessarily complex they could have been simplified without being repealed as they provided minimum protection for all workers, whether or not they were trade union members. The principal reason for issuing the Regulations was because it was found that many employers did not have any procedures in place for resolving dispute and a repeal of the regulations could mean a return to this situation. There are also potential problems with the right of employees to bring claims being infringed where it is proposed that the Tribunal application system should also be processed through the ACAS helpline. LAG notes[17], ‘It would be inappropriate for a service point that had an aim of providing advice and guidance to also act in a ‘gatekeeping’ role for potential ET claims. Combined with the suggestion that the new advice service should be able to over-ride or contradict the advice given by a representative11, this would damage any integrity generated for such a service.’ Conclusion Clearly the repeal of the Dispute Resolution Regulations 2004 and the implementation of the ACAS Code due to take effect in April 2009 is not without its difficulties. The Government’s aim is to reduce the amount of claims being taken to the Tribunal although it recognises that dispute resolution is in itself only one strand. The other is revising the law in relation to unfair dismissal and making the Tribunal processes itself more efficient. The Code is similar to the Regulations in that it mirrors a three step process. However the onus is often put on the employer to determine what is reasonable which has the effect of the Tribunal later claiming breach of the regulations or the employee claiming that their rights have been infringed. The employer therefore has a burden to act reasonably and the vagueness of this term although creates more flexibility to employers will produce greater uncertainty. Only time will tell whether the Code will in fact encourage a ‘conflict resolution culture’ and reduce the administrative burden on employers as its drafters intended. BIBLIOGRAPHY ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance (Nov 2008) http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf DTI-Success at work resolving disputes in the workplace: A consultation- (March 2007) DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group (2007) Is it the end of the road for Statutory Minimum Dispute resolution Procedures Nick Hine May 2008)http://www.tcii.co.uk/images/upload/guest_article_pdfs/11ganick_hine2ddpdf_2173.pdf United Kingdom: New Acas Code Of Practice on Disciplinary And Grievances Article by Val Dougan Dundas and Wilson Solicitors 28 November 2008 www.personneltoday.com 1 [1] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf [2] DTI-Success at work resolving disputes in the workplace: A consultation- March 2007 [3] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons )March 2007)http://www.berr.gov.uk/files/file38516.pdf [4] Gibbons Review pg. 27 [5] Employers must consult the ACAS book on redundancy handling [6] ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 [7] The Foreword of the Code is not legally binding but constitutes best practice [8] Clause 9, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [9]Clause 15, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [10] Clause 24 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [11] Clause 25 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [12] Clause 32 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [13] BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) [14] BERR Resolving Disputes in the Workplace Consultation Government Response May 2008 [15] DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group [16] LAG Report Pg.2 [17] LAG Report pg.5

Robert Bells 10 Ordeals of a Takeover :: Essays Papers

Robert Bells 10 Ordeals of a Takeover Companies often face the possibility of being taken over. During the take over many events within the each of the companies will arise. Some examples would be, employees would fear the loss of their job because the other company might not have any use for your position; rumors will start spreading about the merger or takeover that may have been started by individuals who â€Å"leaked† the news; many other events will also arise. In the book Surviving the 10 ordeals of a takeover by Robert Bell, looks at ways that an individual can cope with the takeover of your company or if your company takes over another company. Robert Bell breaks down the 10 major ordeals that a person might face. The First Ordeal: The Niagara of Rumors, is something that almost everyone will face and that is once the word on an impending takeover gets out, the cascade of rumors is â€Å"the major thing that happens† inside executive offices. All rumors are started by operations on Wall Street. The rumors are started because fear and greed become visible. The fear that one might lose their job or the greed that there might be an opportunity lurking out somewhere. There are many ways we can deal with rumors and a few suggestions are (1) Don’t trust anyone or anything for face value; (2) Listen to the existing grapevine and cultivate contacts from cleaning people to former executives from your company; (3) Always ask people on the outside of your company whether they’ve heard anything contrary to what you have been told inside the company; (3) Be very suspicious of official pronouncements, no matter how reliable they’ve been in the past; (4) Always look for anoth er position. Rather than spending too much time â€Å"rumoring,’ use the time to get your resume together an build contacts on the outside. The Second Ordeal: Who are these guys? While rumors are roaring in your ear, you may now be desperate to know one thing and that is who are these people who are taking over? Everyone will have that curiosity. The reasons people will wonder about the new people is because it will affect them in some way in the future. There are many things a person can do to find out about what

Communication in Marriages

Communication in Marriages The article by Schoenberg â€Å"Can we talk? Researcher talks about the role of communication in happy marriages† have some good points. Even though people are too busy to communicate and think things will be fine, communication is important in a marriage because not communicating in your marriage could lead to a divorce and could lead towards other marital problems. I can relate to this article on self-disclosure in my relationships. The social penetration theory â€Å"suggests that self-disclosure deepens, in stages, as relationships develop† (Sole, 2011, Chapter7 Summary, Key Terms). I have to agree with this theory because as you get to know someone more you are able to disclose more about yourself, but you must feel close to that person and have trust before you can disclose certain information about yourself. In my past relationships due to trust issues, I have had a hard time disclosing personal information or letting people get close in my intimate relationships. I believe it has caused problems my marriage now is not my first and I know part of the reason my past marriages did not work was because of poor/lack of communication. I would have to agree that self-disclosure is important and directly related to satisfaction in relationships because of my own experience. Experiencing something, first hand is the best way of knowing. In order for any relationship to progress and develop you, need to open up and communicate, â€Å"Research consistently has shown a link between happy marriages and â€Å"self-disclosure,† or sharing your private feelings, fears, doubts and perceptions with your partner† (Schoenberg, 2011). If you are self-disclosing and talking about more than just your day with your partner how can you not have a happy marriage you two are going to have some intimate connection. Keeping in mind that men and woman are different in how they communicate or even how they express their feelings. I do know there are similarities between men and women no matter what gender you are, you are going to want to feel loved and cared for. It is important to not just communicate but watch your partner and see how the need affirmation. I usually try not to generalize things; I have been trying to teach myself with things it does not have to be all or nothing. With this research study, I would have to say I feel I fit into their category as a woman I do better with verbal affirmation. Although people are too busy to communicate and think things will be fine, communication is important in a marriage for two main reasons. First, not communicating in your marriage could lead to marital problems. However, most importantly, not communicating in your marriage could lead to a divorce. Reference Schoenberg, N. (2011, February 6). Can we talk? Researcher talks about the role of communication in marriages. Houston Chronicle. Retrieved from ProQuest Newsstand. Document ID: 2260839481 Sole, K. (2011). Making connections: Understanding interpersonal communication. San Diego, CA: Bridgepoint Education, Inc. (https://content. ashford. edu)