Employment Law Assignment Example | Topics and Well Written Essays - 500 words

Employment Law - Assignment Example There exist instances when such rules may be acceptable without being discriminative. An English-only rule may only apply under justification of business necessity. That means that the employer may only use such a rule in as far as the employee needs to communicate in English to operate efficiently and to ensure safety. According to the Equal employment opportunities Commission, EEOC, English-only rules are justifiable in limited instances. According to EEOC, some of these circumstances that warrant the application of such rules include; a paid speaking position where one is meant to continuously speak to and English speaking audience, when communicating with customers and fellow employees who only speak English, during emergencies where there is need for a common language to ensure safety, where a supervisor needs to monitor employee’s performance, and for cooperative assignments that require workers to speak a common language for efficiency (Rutherglen, 2007). An employer may be allowed to prohibit employees from using any other language apart from English when speaking to customers who speak only English. That would be to enhance communication with clients and ensure flawless business transactions. Also, the employer may require employees to speak English when addressing their colleagues who speak only English or who may not understand the language that such employees may be comfortable using (Rutherglen, 2007). During emergencies, there is need for there to be a common language that can be understood by all. That is to ensure safety for everyone. That also includes those working on or operating machinery, chemicals or items that may cause harm if not handled with care. In such circumstances, the employer may apply English-only rules as they would help safeguard everyone’s safety. For cooperative duty that requires employees to work in teams, English-only rules may come into application especially if some

Grant Research Paper Example | Topics and Well Written Essays - 500 words

Grant - Research Paper Example In order to become effective learning institutions, organizations have to struggle hard for acquiring, implementing and maintaining a competitive learning strategy. The transfer of knowledge and expertise of existing communities of practice to the freshly recruited employees is critical for effective organizational learning. In learning organizations, the attitude and response of supervisors, peers and trainers to the employees can either hurt or help the whole learning process. The actions taken by these partners before, during and after the learning process directly affects the likelihood that learning will occur properly. Although organizations spend a lot of time and money on employees’ learning annually, there exists no significant relationship between learning and actual job performance. However, when the learned skills are successfully transferred into effective job performance, learning can surely produce far better outcomes. Due to volatile market preferences and needs, learning organizations have to focus more on strengthening their internal resources and capabilities. As Grant (2005) has stated, â€Å"When the external environment is in a state of flux, the firm itself, in terms of its bundle of resources and capabilities, may be a much more stable basis on which to define its identity†, the rate at which learning takes place within organizations thus contributes towards achieving sustainable competitive advantage. Organizations must have their own unique ways to encourage and value employed workforce in order to motivate their commitment towards innovative pursuits.

Analysis essay of Shakespeares My Mistres' eyes are nothing like the

Analysis of Shakespeares My Mistres' eyes are nothing like the sun - Essay Example The poet’s affection towards his lover is evident in his words, and he very well knows that her beauty is less, but important. The mistress’ beauty is compared to the sun; her lips are compared to that of coral, her breasts to that of white snow, and her hair is compared to black wires. Again, the poet compares her cheeks to Rose flowers which are red and white in color, and her breath is compared to the fragrance of perfume. In the third quatrain, speaker compares her sound to music, and to a goddess who walks in the ground. It ends with a couplet in which the speaker declares that his love is rare and valuable. The speaker is in a satirical mood against the false comparison of love which was common in the traditional sonnets in early 1600s. This sonnet is selected for analysis because it helps one to have an idea about the private life of Shakespeare and the power of true love poem. It is argued that sonnet CXXX is a pure love poem and is strictly against the traditional sonnet pattern of the 16th century in England. Besides, Shakespeare is mocking the sonneteers of the 16th century who attempted to select extraneous objects to compare their lovers. Henry Brown, in his work-‘The sonnets of Shakespeare solved, and the mystery of his friendship, love, and rivalry revealed’ reflects that: â€Å"A satirical picture of the mistress, in contrast to the high-flown terms used by the sonneteers of the day† (Brown 134) the sonnet contains a satirical portrayal of the mistress, which lacks in the traditional sonnets of 16th century. It is a controversial issue that the character of the mistress is fictitious or autobiographical. If the character is real, her identity is open to debate. But it is clear that the sonnet CXXX is addressed to a lady by pointing out the words like ‘mistress’, ‘her’, etc used by Shakespeare. Personal ly, the sonnet is a love poem and there is

Essential Features of Contemporary Organisations Essay Example for Free

Essential Features of Contemporary Organisations Essay This essay aims to discuss why teams and groups are seen as essential features of contemporary organisations. Firstly, it will examine what exactly constitutes a group or team, then it will go on to discuss different types of groups and teams which exist within an organisation. Next it will explain why groups and teams are key to contemporary organisations in particular and finally, it will discuss the disadvantages associated with groups within organisations. Firstly, it is important to distinguish what exactly constitutes a team or a group. As Khan (2010) states, all teams are groups because the individuals in it have some kind of of unifying relationship, but not all groups are teams because the individuals making up a group may have very little or no interdependence and they could just as well work alone. For the purposes of this essay we will assume that the terms team and group are interchangeable. Therefore, a group is a collection of individuals who share a common set of norms, who generally have differentiated roles among themselves, and who interact with one another toward the joint pursuit of common goals (Steers and Black, 1994). Within an organisation different types of groups exist and are essential for the day to day running of the company. Formal and informal groups are the most common groups found within organisations; where formal groups are the groups brought together by the organisation for a specific purpose for example, the human resources department and where informal groups are the social groups formed voluntarily by individuals within the organisation for example, people who share common interests. Businesses cannot exist without both formal and informal groups. Informal groups provide individuals with a means of gaining help and support to carry out their particular objectives (which may or may not be the same as the organisations objectives) (Handy, 1993 as cited in Kahn, 2010). Informal groups provide employees with the social contact they desire which makes them more agreeable in the work environment and as such more willing to participate actively in their formal groups. Open and closed groups also exist within organisations; where an open group is one whose membership changes frequently and a closed group is one whose membership is relatively stable. In a closed group status relationships are established among the members, meaning that there will be clear cut high status and low status members. Within an organisation the management can manipulate these different sets of groups in order to achieve their goals. For example, keeping decision making groups as open groups means that leadership roles are more difficult to establish amongst the members and thus high status members of the group will find it hard to establish norms and the team will work to its best potential. Many contemporary organisations are now spread globally, so it is of utmost importance for them to factor in another type of group, the virtual group. Virtual groups are able to come together regardless of time and space restrictions to work on resolving any issues. Thanks to advances of the world wide web, for the first time teams can virtually collocate all of the information they need to work together and put it all in context (Lipnack and Stamps, 1997). Virtual groups allow the organisation to respond quickly to any market changes, take pressure away from top management and instil a sense of belonging and importance amongst the employees. The virtual group is an important factor for global organisations as it allows for cultural diversity in the solutions which are proposed. For example, the Chinese office may have a different way of thinking than the American office, but through virtual groups it is easy to transfer this cultural knowledge to other areas of the business. A more and more technology driven marketplace pressurises organisations to respond quickly to changes but thanks to these technological advances, organisations can begin to use the world wide web to their benefit through virtual teams. Virtual teams allow the organisation to easily spread decision making to trusted individuals rather than only to top management. Groups can be essential to an organisations level of productivity. If there is a high level of group cohesiveness the group will experience high morale and will become a desirable entity to be part of within an organisation which means there will be plenty employees willing to compete with each other for a spot in the group, which in turn raises productivity. Managers need to control the size of groups in order to stay at an optimum level of productivity and also offer incentives like bonus pay for good performance to enhance the desirability of the group even further. Groups also relieve some of the responsibility of the manager, as they do not have to keep a constant eye on each individual employee, they can trust that group members will spur on the productivity of the group in order to gain the proposed incentives. Groups can provide an organisation with more than one solution to a proposed problem because as Maier (1967) states, a group has a greater knowledge store than that of any individual. Monitoring the size of groups here is vital from management, as with a large sized group there may be plenty of ideas generated, but they are not necessarily well formed ideas. Splitting groups into smaller member sizes will ensure the ideas are well thought out and in an extremely competitive marketplace, this is the best strategy for managers to ensure they have a variety high quality solutions to choose from instead of opting for the first good idea that comes to light. As beneficial as groups are to contemporary organisations, it is also useful to be aware of some of the risks that go along with groups within organisations. Even though it is believed that the quality of ideas or decisions made within a group will be higher than from an individual, people have been known to make riskier decisions within a group context than they would ever have made alone. The reason being people want to conform to group norms as shown in the tests conducted by Milgram (1963). Milgram showed how easily people can be influenced to stray from their initial beliefs for the norms of the group and also how easily people go back to their own beliefs if the group is in support of them through his experiments. This all shows how easily influenced people can be and how they will change their behaviour to that of their peers in order to avoid possible conflict. One further disadvantage of groups within organisations is the theory Groupthink which was developed by Irving Janis (1972) which states that once within groups individuals may lose sight of the end goal and instead only focus on reaching an agreement. If suffering from groupthink people may become over confident and invulnerable, they may view outsiders in negative terms and disregard their views and they may force different thinkers to conform to their ideas. Football fans tend to be affected by groupthink, for example, they get sucked into the group and follow the behaviour of others which is vastly different from the way they would act in their day to day lives. Managers can combat groupthink through a number of ways and thus maintain the effectiveness of the group entity to the organisation. In conclusion, groups and teams are essential features of contemporary organisations. Groups come in many forms and businesses cannot exist without the merging of all different types of group within the organisation. Virtual groups are key to contemporary organisations as they allow the organisation to stay up to date in the technology stakes and also allows them to merge great minds from the different corners of the globe. Groups with high levels of cohesiveness will increase the productivity of the organisation and can be encouraged and manipulated by management to remain productive. Although groups are essential features of organisations they do also come with their disadvantages, groups can lose their individuality and take even riskier decisions than they would ever do alone. From this essay it is clear that groups and teams are essential features of contemporary organisations as long as the top management understands the complexities of the group and keeps renewing membership s o as to gain the most benefits for the organisation. References Kahn, H (2010), â€Å"Groups and Conflict Management† (chapter 6), Organisational Behaviour, Heriot Watt University Steers, R. M and Black, J. S (1994) Organisational Behaviour, Prentice Hall Lipnack, J and Stamps, J (1997) Virtual Teams, [online] Available at: http://books.google.co.uk/books?hl=enlr=id=171-FrLDhvUCoi=fndpg=PR17dq=virtual+teams+lipnackots=Bu_xw63cfIsig=Is-ymM KvujoYxynZKxXfIJ_tQs8#v=onepageqf=false [Accessed 4 November 2011] Maier, N (1967) â€Å"Assets and Liabilities In Group Problem Solving: The Need For An Integrative Function† Psychological Review, Vol 74(4) [online] Available at: http://psycnet.apa.org/journals/rev/74/4/239/ [Accessed 4 November 2011] Milgram, S (1963). â€Å"Behavioural Study Of Obedience† Journal of Abnormal and Social Psychology, 67 [online] Available at: http://www.wadsworth.com/psychology_d/templates/student_resources/0155060678_rathus/ps/ps01.html [Accessed 4 November 2011] Janis, I. L (1972). â€Å"Victims of Groupthink: A Psychological Study of Foreign Policy Decisions and Fiascoes† Houghton Miffin.

Implementing the Ramsar Convention in Developing Countries: The Role of

Implementing the Ramsar Convention in Developing Countries: The Role of Local Community Support and Involvement Over the last two decades, â€Å"a consensus has gradually emerged that long-term conservation depends on understanding and support from those closely connected to the environment and its resources† (Shine, Klemm, 1999.) Several international environmental conventions have reflected this consensus by establishing a legal basis to involve local communities, especially those in developing countries, in their implementation. Recent changes in the focus of the Ramsar Convention on Wetlands are consistent with this global trend towards emphasizing the importance of community support and involvement. Adopted in Ramsar, Iran on February 2, 1971 in response to the alarming rate of worldwide wetland loss and degradation, Ramsar’s mission is â€Å"the conservation and wise use of wetlands by national action and international cooperation.† The Ramsar Convention’s move to promote community involvement in wetland conservation began in 1990 with the initiation of a Small Grants Fund, created to fund local non-governmental organizations and community wetland conservation projects in developing countries. In its 1993 â€Å"Additional Guidance† publication, the Ramsar Convention asserts that countries should incorporate into their wetland management plans procedures to guarantee that local communities are involved in decision-making, and have a strong knowledge of wetland issues. Is the international environmental community correct in their assertion that implementation depends on local community support and involvement? As the Ramsar Convention is one advocate of this assertion, this study sought to determine if local community support ... ...unity is correct in their assertion that local communities are critical for the implementation of all other conventions. Works Cited Mangrove Action Project: Yadfon’s Way Thailand’s Community Forest Projects: The Fishers That Rescued the Sea. Online. Available: http://www.earthisland.org/map/sstal.htm. Updated May 7, 2002. [accessed 4/24/04] Ramsar Convention on Wetlands: The Lake Naivasha Riparian Association (LNRA), Kenya. Online. Available: http://www.ramsar.org/key_awards99_interview_lnra.htm. Updated May 7, 2004. [accessed 4/25/04] Shine, C., Klemm, C. 1999. Wetlands, Water, and the Law. International Union for the Conservation of Nature and Natural Resources: Cambridge, UK. Susskind, L., Moomaw, W., Gallagher, K. (Editors). 2002. Transboundary Environmental Negotiation. John Wiley and Sons: San Francisco, CA.

My Quality World

Typically when people think of their quality world they think of the perfect life; fun, friends, the dream family, dream Job, and the money to buy anything they desire. Of course ideally I want the finer things in life, but I would never want to be the type of person to be the type of person to take handouts. I aspire to be a strong, independent, intelligent woman with strong determination & whom is persistent to honestly earn everything I have. I am currently working towards an associates in counting, and later transfer to an university for a bachelors in business administration.Afterwards I will like to get my relaters license. I want to flip houses on the market, and use that money to invest into other business ventures. I feel like it is important to have a backup plan and a backup plan for my back up plan to ensure my business empire will be happen. However I don't want to do it all for Just myself. I want to be able to provide for my love ones; the ones who were selfless & love d me enough to take care of me when I couldn't provide for myself. My family means a lot to me and I want to be able to show them that.Home is where the heart is and my heart is with them. Although independence is a very important part of my quality world , I know I can't do it all on my own. I feel like any plan that doesn't have God In It is a plan to fail. I want to have a strong spiritual connection. I believe that this would help bring harmony and tranquility in my life. I want to give off good vibes and positive energy, and I want the people around me to share those same values. I want o be open minded enough to intake different knowledge from those who surround me.My quality world Involves comfort , but never to be content. Failure Is not an option , and neither is Just settling. The ultimate goal Is to be successful. When I look at being successful I don't Just see It from a materialistic aspect, but rather as being well rounded. Within my quality world I have peace of mind, wisdom, financial stability, happiness, and surround by the people I love and good vibes. I currently see myself as a diamond In a rough to make my quality world reality.

JpMorgan Case Essay

We trust banks to hold our money and to help make use get more in investment and other ways. One of the most trusted banks is J.P. Morgan Chase they are easily one of the most well-known banks that exist. J.P. Morgan Chase on May 10, 2012 disclosed that they had lost more than $2 billion by trading financial derivatives. The administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities and banking, a foundation of the economy. We have to understand the elements of a valid contract, and discuss how consumers and banks each have a duty of good faith and fair dealing in the banking relationship. Having to compare and contrast the differences between intentional and negligent tort actions. I’ll discuss the tort action of â€Å"Interference with Contractual Relations and Participating in a Breach of Fiduciary duty† and, if the bank I’ve chosen were to behave as JP Morgan did, would I be able to prevail in such a tort action. Lastly let’s discuss how banks have protected the software that allows for online transaction to occur through automation.7 The U.S. Securities and Exchange Commission (SEC) is a federal agency. It holds primary responsibility for enforcing the federal securities laws and regulating the securities industry, the nation’s stock and options exchanges, and other electronic securities markets in the United States. The SEC is divided into four divisions; The Division of Corporation Finance; the Division of Trading and Markets; the Division of Investment Management; and The Division of Enforcement. All the branches within the SEC carry similar  goals in terms of protecting individuals and ensuring financial fairness, each has their own specialty for instance, the Division of Corporate Finance is tasked with the assurance that all imperative disclosure of which represent a corporation are easily accessible by the general public. In addition, the Division of Trading and Markets ensure fairness, order and efficiency in market activities. Much like the design of the SEC, the Commodity Futures Trading Commis sion (CFTC) is also inherently designed to ensure the public, its consumers, and investors are protected from coercion, manipulation, fraud, and/or any other forms of dishonest dealings between manufacturer and consumers/investors. The CFTC is noted to be an independent federal agency established by the Commodity Futures Trading Commission Act of 1974. Again, similar to the design of the SEC, the CFTC is comprised of five different committees, each of which are responsible for a different area of trade and marketing; for example, agriculture, global markets, energy and environmental markets and technology all of which are equally as responsible as the next for ensuring full cooperation and adherence to laws set forth by the SEC. Though banking is the most common method in which most people handle and maintain their finances, there are also equally as many that take their money to invest in stocks, bonds, and the like which do not carry a sound guarantee that they will make a profit or even keep their initial investment monies. Consequently, past dealings with investor types result in unfair and fraudulent losses and even erroneous gains such as the ones reported by JP Morgan Chase, the purpose of the SEC and CFTC alike become abundantly clear. With the utilization of these two particular securities, investors, consumers, and even marketers are able to rest easier knowing that there are serious legal, unfair and blatantly dishonest dealings within the marketplace. In an effort to maintain honest correspondence and dealings with the capital market, both of these require that all earnings and losses should be reported; at which point, there can be a recognition and determination of any imbalanced and deceitful dealings having taken place. The following are the essential elements of a valid contract. Offer and Acceptance. In order to create a valid contract, there must be a ‘lawful offer’ by one party and lawful acceptance of the same by the other party  Intention to Create Legal Relationship. In case, there is no such intention on the part of parties, there is no contract. Agreements of social or domestic nature do not contemplate legal relations. Lawful Consideration has been defined in various ways. The parties to an agreement must be competent the contract. If either of the parties does not have the capacity to contract, the contract is not valid. Free Consent’ means the parties must have agreed upon the same thing in the same sense. In the banking context, this means among other things that a bank could call a loan, refuse to fund, refuse to roll over a loan, set off accounts, etc., no matter how drastic the consequences might be to the borrower. As long as the banks accept them expressly wit hin the granted rights under the controlling loan documents. That may no longer be the case. With the advent of mobile banking, discuss how banks have protected the software that allows for online transaction to occur through automation. The first area, financial accounting, is used mainly for ascertaining the results of any such business on a periodic basis. This should as a result; help the company determine the future course of action, in the long term. From an economic perspective, financial accounting treats money as a factor of production. Management and cost accounting are apparatus used to help management make decisions on a day to day basis. Management and cost accounting aren’t useful simply for their own sake. These two functions help management conduct themselves along with other vital factors involved in the running of a business. Other key factors could be supply, demand, competitors, availability of raw materials, logistics etc. The second area is cost accounting, its primary purpose is to attain the value of direct and indirect costs involved in production. The value acquired, management can make an informed decision on improvement in production performance. From an economic perspective, cost accounting is the measurement of economic performance. This information gives management a clearer indication of the performance of the product resources in the business. Costing also helps the sales manage in setting the correct price. But, because costing is solely a measurement of economic performance, it can’t be considered as an accurate basis for setting prices. Selling prices is more of an economic decision it would not be wrong to mention that pricing is basically determined by market  factors. Prices are influenced mainly on demand, supply and competition, less on costs. High demand plus lack of competition would result in the business charging higher prices for its product, well above the costs. The third area is management accounting, which is related closely to cost accounting. It has evolved from cost accounting; management accounting plays a much broader role in management decisions. It measures the performance, economically, of the whole business, the economic environment that the business operates in. This area of accounting, seeks to combine both financial and cost information into a much broader function. Compare and contrast the differences between intentional and negligent tort actions. Intentional torts and negligence towards both give rise to civil actions. However, there are some important differences to understand about negligence versus intentional torts. Negligence torts do not require intent. To determine if someone should be found liable for a negligence tort, a reasonable person standard is used. If the defendant’s behavior is found to be less careful than behavior a reasonable person would exhibit, that defendant can be found liable for damages. Intentional torts require intent. The person who committed to tort must have intended to cause harm. The harm, however, did not need to be the specific type of harm that was caused to you. The other major difference between intentional and negligence torts, aside from the standard of proof, is that in many cases, a person who is found liable for an intentional tort can be required to pay punitive damages in addition to actua l damages. Discuss the tort action of â€Å"Interference with Contractual Relations and Participating in a Breach of Fiduciary duty† and, if the bank you’ve chosen were to behave as JP Morgan did, would you be able to prevail in such a tort action. The tort of interference with contractual relations and participating protects the right to enjoy the benefits of legally binding agreements. I have chosen a bank like JP Morgan and they did what he I would not took it very well. I invested money and knowing that JP losses that money I would wind up probably suing them. But providing a remedy when the defendant intentionally induces another person to breach a contract with the plaintiff. The defendant must know of the existence of the contract between the plaintiff and the other person, or there must be a sufficient fact that a reasonable person would be led to believe that such  contract existed. Interference with the contractual relations requires an unacceptable purpose. If good grounds are set and exist for the interference then the defendant is not liable. But as for J.P. Morgan there were no good rounds so the defendant is liable. So if I were to go to court over this I would not win and neither would J.P we would just be both out of the loss money that was invested. In conclusion when you invest money in a bank Think to you self is it a good idea or is it not a good idea. We all make investments just need to make sure it in the right bank that you can trust. J.P Morgan had a down fall and loss a ton of money but in the end they had to deal with the fines and the investors. When in drought don’t invest your money unless you really have to. References: Bagley / Savage 2013 Custom Edition http://money.cnn.com/2012/05/10/news/companies/jp-morgan-losses/index.htm http://www.thedailybeast.com/