Explain the circumstances in which rights and Essay Example

Explain the circumstances in which rights and Essay Explain the fortunes in which rights and duties arise or continue after the employment relationship has ended. Explain the historical development of the countries that you choose to discourse. Introduction It is clear that whilst most employment rights and duties arise and apply in relation to the relationship which exists between employer and employee during the period in which the employment contract exists. However, this is by no agency ever the instance, there are state of affairss in which both employers and employees will hold legal duties towards each other after this relationship has ended. It will non be possible to cover all these state of affairss in the undermentioned work, but this essay will dwell in an effort to pull attending foremost to the go oning duties which are of import to the employer, viz. the duty on the employee non to unwrap confidential information gained in the class of their employment. Second it will analyze the duties and rights which are of import to employees. The first of these is with respect to mentions from the former employer the proviso of which may give rise to a claim in civil wrong for the former employee, depending on the fortunes. The 2nd a nd reasonably recent development in relation to employees relates to the anti favoritism statute law. The protection under this statute law now extends to protect employees after the employment contract has ended in certain fortunes. Third the essay will look at some of the procedural rights and duties which arise after the employment contract has ended. In this subdivision I will concentrate on the modified statutory disciplinary and dismissal process and statutory grudge process which come into drama after the employment contract has ended and the duty on the portion of the employer to give grounds for a dismissal after the effectual day of the month of expiration. We will write a custom essay sample on Explain the circumstances in which rights and specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Explain the circumstances in which rights and specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Explain the circumstances in which rights and specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Competition by Ex-employees In certain fortunes employers can keep the activities of their employees even after the employment contract has ended. The employers will be entitled to protect their legitimate trade involvements in two ways. First they may trust on the responsibility of trueness and fidelity which implies into the employment contract a term of confidentiality which extends to ex-employees. Secondly employers may include a restrictive compact in the employment contract which restrains the employee from transporting out certain activities. Covering chiefly with the responsibility of trueness and fidelity, it seems clear from the instance jurisprudence that the responsibility will merely be invoked if the breach takes topographic point before the employment ceased. [ 1 ] Second the tribunals are more likely to keep the usage of touchable information than intangible information. So for illustration in the instance ofRobb V Green[ 2 ] the ex employee was restrained from utilizing a list of his employer’s clients which he had copied before go forthing his employment for his ain advantage. If the information which the employee is utilizing is non written the tribunals will be loath to keep the employee. [ 3 ] A differentiation will besides be drawn between the employees general cognition and single accomplishment of the employee which he may hold gained in the class of his employment and something which out to be regarded as a trade secret and deserving of protection by the employer. [ 4 ] The instance ofFacenda Chicken Ltd v Fowler [ 1986 ] ICR 297upheld the being of an implied responsibility in relation to utilize and revelation of information, but restricted it to merchandise secrets and specifically distinguished information which had become portion of the employees own accomplishment and cognition. The Court of Appeal in this instance besides drew attending to the inquiry of whether the employer expressed the confidentiality to the employee. This was relevant though non deciding. In the instant instance information associating to gross revenues which the employee attempted to utilize after his employment with them ended, was held non to be a trade secret on the face of it and the emp loyers had non done plenty to show its confidentiality. The information in inquiry need non be complicated and proficient, but it must decently be regarded as confidential. In the instance ofThomas Marshall ( Exports ) Ltd V Guinle[ 5 ] Megarry VC laid out four elements to the trial for confidentiality which are as follows: The proprietor of the information must believe that its information the release of which would be deleterious to the employer or advantage his challengers. The proprietor must believe the information is confidential and non in the public sphere. The above beliefs must be sensible. The information will be judged in the visible radiation of the peculiar industry and trade patterns. One extra point to observe in relation to the implied responsibility of trueness and fidelity is that it has been held that in certain fortunes the public involvement will necessitate that the information in inquiry is disclosed to those who have a proper involvement in having it. [ 6 ] For illustration where the information relates to misbehave on the portion of the employer, the employee will non be restrained from informing the relevant regulative organic structure. In footings of redress, the most appropriate redress for the employer will be an injunction to forestall the employee utilizing confidential information and amendss for breaches of the implied responsibility which the employee has already committed. The 2nd manner in which an duty might originate on the portion of the employee to act in a peculiar manner after employment has ended is if their employment contract contains an express restrictive compact. The fact that the implied responsibility discussed above is comparatively limited in scope means many employers frequently prefer to utilize this signifier of contractual term. However, to be enforceable the term must protect a legitimate concern involvement. It is non possible to expressly forbid competition. Because the clauses seek to curtail the manner in which the ex employee does concern after his employment has ended, the philosophy of restraint of trade will besides use. Therefore the term will be leading facie nothingness and merely enforceable if it’s sensible. It has been held that in this respect it must be sensible in mention to the involvements of the parties concerned or the public â€Å"so framed, so guarded as to afford equal protection to the party in whose favor they are imposed, while at the same time†¦in no manner deleterious to the public.† [ 7 ] The load is on the employer to set up rationality and must be no more than moderately necessary to afford the protection sought. The rationality must be judged at the clip the contract was made. [ 8 ] It will besides be judged on a instance to instance footing with the peculiar trade or concern in head. The length of the restraint and the geographical country which it covers are things which will be taken i nto consideration. There must besides be a legitimate proprietary involvement in the topic of the term. As with the implied term of trueness and fidelity, the employer can non curtail the employee from viing utilizing the cognition and accomplishment with which the employment has equipped him, merely personal cognition of trade secrets or connexions, employees or providers which were acquired from his employers and which may disfavor them. [ 9 ] The tribunals attack to construing these clauses has non ever been consistent. For illustration in the instance ofLittlewoods Organisation Ltd V Harris[ 10 ] Lord Denning took a broad ranging clause which prevented the ex employee working for any rival companies or subordinates throughout the universe and implied into it restricting words so as to curtail it to the portion of the concern which the employer was moderately allowed to protect. However inJA Mont UK Ltd V Mills[ 11 ] the Court of Appeal struck down a clause that prevented the ex employee working for a specific challenger for one twelvemonth. Their logical thinking was that there was â€Å"no effort to explicate the compact so as to concentrate on restraint necessary to guard against possible abuse of the information, the lone legitimate mark for enforcing any restraint on future employment.†[ 12 ] Employers would be good advised to follow a restrictive attack to these compacts as it is non ever clear how generous the tribunals will be in construing clauses which impose duties on the employee after their employment has ended. It does now seem clear that if the terminal of the employee’s contract has come about because of a breach on the portion of the employer, such as unlawful expiration the employer will non be able to implement a restrictive compact restricting the activities of the employee. This was the attack in the early instance ofGeneral Billposting Ltd V Attkinson[ 13 ] . There was some difference amongst the tribunals as to the consequence of a clause which restricted station expiration activities howsoever the expiration came approximately, for illustration â€Å"whether lawful or unlawful† . For a clip the tribunals focused on the specific building of the clause and hence in the instance of a clause such as this the employer would be able to implement it irrespective of a unlawful expiration. However the instance ofRock Refrigeration Ltd V Jones and Seward Refrigeration Ltd[ 14 ] eventually settled the affair in favor of the former attack. There are two chief justifications for this. First, the premature and unlawful expiration of the contract deprived the employee of full consideration in exchange for which he accepted the station expiration restraint. Second, the unlawful renunciation, as unlawful expiration would be, puts an terminal to the full contract and hence releases the employee from any of his duties under it. It may be that the tribunals elect to break up the clause so as to take the offending parts of it and go forthing the remainder in tact. This will merely be done if the portion they are seeking to break up is independent from the remainder of the clause and the remainder of the clause makes sense without it. The tribunals will non compose a new a new compact or change the nature of the understanding. [ 15 ] It is clear so that the tribunals are prepare to accept that certain contractual duties, both implied and expressed, continue or arise after the contract has come to an terminal. They are likely to take a reasonably restrictive attack to how far the antique employee can be restrained in his future employment or trade and they will merely let their activities to be restricted to the extent perfectly necessary to protect their former employer’s involvement. Mentions The proviso of a mention by an employer will evidently take topographic point after the employment contract has come to an terminal. Whilst the employer is under no duty to supply a mention, if he does take to make so there is an duty that it be accurate. If they do non they may go apt in civil wrong to both the subsequent employer who relies on the mention and the topic of the mention. [ 16 ] There are three possible causes of action for the employee. Defamation and malicious falsity are comparatively noncontroversial, but it now seems that the employee may hold a cause of action in negligent misstatement. This relates back to theHedley Byrne and Co v Heller[ 17 ] opinion that recovery can be made for pure economic loss where a particular relationship exists between the parties. With respect to defamation the mention is protected by qualified privilege, since the employer and possible employer have an involvement in it. [ 18 ] However this defense mechanism is lost if it can be shown that the individual giving the mention is motivated by maliciousness. The suspect must hold an honest, positive belief in the truth of what he publishes. If he publishes recklessly will be treated as if he knew it was false. [ 19 ] The employee will non be able to avail himself of this cause of action if he implicitly consented to the publication. In the instance ofFriend v Civil Aviation Authority[ 20 ] the employee accepted a disciplinary codification as portion of his employment contract. It was held that he thereby explicitly consented to the republication of a peculiar ailment as portion of a disciplinary procedure and he could non therefore complain about its republication in a mention. The 2nd cause of action for the employee would be deleterious or malicious falsity. In this instance the employee must demo that the employer made the statements maliciously, meaning them to do him damage. [ 21 ] It needn’t sum to an onslaught on the claimant’s character as with calumny. The tribunals did look to be traveling in the way of accepting that the referee owed a responsibility of attention in carelessness to the employee as the topic of the mention. In the instance ofLawton V BOC Transfield Ltd[ 22 ] Tudor J held that the employee relied on the referee to give an accurate mention and there was sufficient propinquity and foreseeability for a responsibility of attention to originate. The responsibility was to take sensible attention to guarantee that the sentiments stated are based on accurate facts. The House of Lords eventually confirmed this responsibility of attention in the instance ofSpring V Guardian Assurances[ 23 ] . They held that the Hedley Byrne demands were present. Furthermore, they held that the balance of public involvement favoured that a redress in carelessness be available. Whilst the mention is required to be accurate it is non necessary, to get away liability, that it be to the full comprehensive. The responsibility is to take sensible attention non to give deceptive information whether as a consequence of below the belt selective proviso of information or by the inclusion of facts and sentiments in such a mode as to give rise to a misguided illation in the head of a sensible receiver. [ 24 ] If the employer mentions a ailment which has non been brought to the employee’s attending the employer may be in breach of the implied term of trust and assurance. As a consequence of this the employee may be able to claim to hold been constructively dismissed. [ 25 ] The employer is now besides under a responsibility non to know apart against the former employer on the footing of sex, race or disablement. This will be discussed at length in the undermentioned subdivision. In drumhead when the employment relationship comes to an terminal and an employer agrees to supply a mention for the former employee a duty arises to supply and accurate history of the employee. The employee has the option of several causes of action in civil wrong if the employer does non follow with this duty. Post- Employment Discrimination The right on the portion of the employee non to be discriminated against has late been held to outlast the employment contract. This right stems form the anti favoritism statute law, The Sex Discrimination Act 1975 ( SDA ) , The Race Relations Act 1976 ( RRA ) and the Disability Discrimination Act 1995 ( DDA ) . The relevant instance wasRelaxion Group plc ( Respondents ) v Rhys-Harper ( FC ) ( Appellant ) , DSouza ( Appellant ) v London Borough of Lambeth ( Respondents ) , Jones ( Appellant ) v 3M Healthcare Limited ( Respondents ) and three other actions( The Relaxion instance ) . These dealt with the inquiry in each of the three Acts consecutively. In order to understand the determination in the Relaxion instance it is necessary to look at the relevant statute law and the history taking up to that determination. The relevant subdivisions of the anti favoritism statute law are as follows: Section 6 ( 2 ) of the SDA 1975 Section 4 ( 2 ) of the RRA 1976 Section 4 ( 2 ) of the DDA 1995 With respect to the SDA and the RRA the employer is prohibited from know aparting against a individual â€Å"employed by him† . The DDA prohibits favoritism against person â€Å"whom he employs† . The inquiry is whether these phrases can be interpreted to widen to actions taken by the employer after the contract of employment has ended, i.e. after the effectual day of the month of expiration. The instance ofAdekeye v Post Office[ 26 ] the Court of Appeal held that the RRA did non use to favoritism which occurred after the employment contract had ended, so an employee who suffered race favoritism during an entreaty against dismissal was non protected by the statute law. The place in relation to arouse favoritism was thought to be the same. However the European Court of Justice held in the instance ofCoote V Granada Hospitality[ 27 ] that the Equal Treatment Directive 76/207 EEC did use to a state of affairs where the employer refused to give the employee a mention because he was know aparting against her on the evidences of sex. When theRhys Harper V Relaxioninstance came to the Court of Appeal the tribunal surprisingly confined Coote to its facts and held that the employer’s refusal to look into a sexual torment claim did non conflict the SDA because it occurred after the employment had ended. The Court of Appeal besides refused to revisit the Adekeye determination in the visible radiation of Coote when the D’Souza instance came before them. The two instances along with a figure of disablement favoritism instances headed by that ofJones v 3M Health Carewent up to the House of Lords and were heard consecutively. The instance hinged on the reading of the three subdivisions notes above. The House held that there was no discernible difference between the three. Lord Hobhouse stated: â€Å"These legislative acts should be read as lending to a developing strategy of anti favoritism jurisprudence and as such the words should non without good ground be given different reading as between one of the legislative acts and another. They are non legislative acts to be officially read with each other, but they are legislative acts which reflect a consistent ( though developing ) legislative policy.† The House held that the statute law could be interpreted to widen past the effectual day of the month of expiration so long as a sufficient connexion could be proved between the post-employment favoritism and the employment. The indispensable logical thinking was that the favoritism statute law applies to the full employment relationship which can go on after the effectual day of the month of expiration of the employment contract. The House of Lords could see non ground to randomly stop the protection of the employee on the effectual day of the month of expiration if they were still holding traffics with the employer stemming from their former employment. It should be noted that the D’Souza instance was still dismissed because it concerned a refusal to re-instate the employee allegedly on prejudiced evidences. The House of Lords held that because re-instatement was a statutory redress provided for unjust dismissal it did non fall within the range of the RRA. Coincidentally, the anti favoritism statute law has undergone a recent inspection and repair in response to the EC Directive on Race Discrimination and Framework Employment. The SDA and RRA Amended Regulation 2003 now explicitly province that favoritism continues to be improper after the employment relationship has ended ‘where the favoritism arises out of and is closely connected to that relationship’ Similar commissariats were incorporated in the amended DDA which came into force in October 2004. It is deserving observing that the RRA ordinances merely apply to favoritism on the evidences of race or cultural or national beginning ( non color or nationality ) which might intend that D’Souza continues to use more widely. The restriction in relation to re instatement is besides likely to last. To reason this subdivision it is now a clearly established rule, whether by instance jurisprudence or statute law implementing EC directives that the employees right non to be discriminated against continues after the official terminal of the employment contract. This is clearly a logical place for the jurisprudence to be in. There can be no sense in taking the protection from the employee on the precise effectual day of the month of expiration when certain parts of the employment relationship continue past this day of the month, for illustration the may wish to appeal against a dismissal or be provided with a mention. If they are non protected from favoritism during these proceedings they may good be loath to take portion in them at some considerable disadvantage to themselves. This would non be a satisfactory province of personal businesss for any anti favoritism undertaking. Some of these post employment procedural affairs will be discussed in more item in the undermentioned subdi vision. Procedural rights and duties which arise and continue post-employment Written Statement of Reasons for Dismissal An employee is entitled to be provided with a written statement of grounds for his dismissal under the Employment Rights Act 1996 s 92 ( 1 ) and ( 2 ) as amended by the Employment Rights ( Dispute Resolution ) Act 1998. The written statement may mention to paperss already given to the employee, but transcripts these paperss must be provided. [ 28 ] The employee must bespeak the statement with 14 yearss of the effectual day of the month of expiration. The employer is non required to supply a written statement of grounds if one is non requested save in two specific fortunes. The first is that the employee was pregnant at the clip of dismissal or on pregnancy leave. The 2nd is that they had taken clip off work because they have late adopted. In those fortunes the employer must supply a written statement of grounds to the employee whether they request one or non. Normally the employee must hold been continuously employed for a twelvemonth to take advantage of this subdivision, but once m ore this does non use to the two classs mentioned above. The punishments for failure are contained in Section 93 of the Employment Rights Act 1996 as amended. If an employer unreasonably fails to supply a statement on petition the Employment Tribunal will do a declaration as to what it finds the employers grounds for dismissal to hold been. If the employer purports to give grounds, but they are unequal or untrue he will be taken to hold failed to supply grounds. They must besides order the employer to pay the equivalent of two hebdomads pay to the employee. Two points can be noted about this subdivision. First, it used to be that the employee had to unreasonably ‘refuse’ to supply a written statement. The word ‘fails’ was introduced in the Trade Union Reform and Employment Act 1993. It clearly provided a wider right to the employee to do usage of subdivision 93 of the Employment Rights Act 1996. Second, subdivision 93 is penal in nature and as such the Employment Appeals Tribunal has hence held that it must be stiffly construed. The failure must be unreasonable. [ 29 ] Several rules have been developed around this demand. It will non be considered unreasonable, for illustration, if the employer candidly believes that there has been no dismissal. [ 30 ] It will besides non be unreasonable if the ground the employer gives is candidly what he believes to be the ground for dismissal. The court will non see whether it is a good or a bad ground. [ 31 ] The papers provided must be worded in such a manner that the employee and anyone else who he chooses to demo it to would be able to cognize from reading it why he was dismissed. [ 32 ] The employment court can non hear instances which arise from statements which the employer has voluntarily provided. In instances arisen out of written statements which have been requested the written statement will be admissible as grounds of the grounds for dismissal in any proceedings. [ 33 ] If the employer gives another ground in subsequent judicial proceeding the tribunal can either disregard it and keep the employer to his original statement or handle the statement as traveling to the employer’s credibleness. This in one illustration of a procedural right which arises after the employment contact has ended. Obviously this could non originate before such a clip as it relate specifically to dismissal and arises after the effectual day of the month of expiration. The Disciplinary and Grievance Procedures. It is common cognition that in the event of a contemplated dismissal the employer is under an duty to transport out a statutory three phase dismissal and disciplinary process ( DDP ) . The three phases are a statement puting out the employee’s alleged behavior, a meeting to discourse the affair and a right to appeal any subsequent determination. However this process may non be possible if the employment has already come to an terminal. A modified disciplinary process will use in the undermentioned fortunes: The employer dismissed the employee by ground of his or her behavior without notice. The dismissal took topographic point at the clip when the employer became cognizant of the behavior or instantly afterwards. The employer was entitled in the fortunes to disregard the employee without notice. [ 34 ] The Department of Trade and Industry Guidance suggests that this will merely be the instance in a really limited figure of fortunes. It is about ever unjust to summarily disregard an employee without probe, even in the face of evident gross misconduct. The modified process will besides non use where the employee presents their ailment of unjust dismissal before the employer has sent a written statement of evidences for dismissal. [ 35 ] The duty to supply a written statement of evidences for dismissal arises under paragraph 4 of the modified process contained in agenda 2 of the Act. The Disciplinary process will non use in the undermentioned fortunes: One party has sensible evidences for believing that get downing or finishing the process would ensue in a important menace to the party or their belongings or another party or their belongings. The party has been the topic of torment, defined by ordinance 11 ( 4 ) , and has sensible evidences for believing that get downing the DDP would farther the torment. It is non moderately operable to get down to DDP within a sensible period. These exclusions apply every bit to the criterion DDP, but one might conceive of them to be more likely to originate if the employee no longer works for the employer by ground of drumhead dismissal. Similarly there is a modified grudge process which comes into drama after the employee has ceased to be employed. [ 36 ] Efficaciously the modified process removes the demand for a meeting and allows the party to carry on the process by missive. Extra conditions for its application are Either the employer was unaware of the grudge at the clip of expiration or they were cognizant of it but the standard grudge process had non been complete before the expiration. AND The parties agree in composing to utilize the modified process. [ 37 ] In regard of this demand the understanding must associate to a specific grudge, it can non be a cover understanding to cover with all station employment grudges via the modified process. The same exclusions as with the DDP apply and neither the standard nor modified process where it is no longer operable for the ex-employee to compose a missive These modified processs provide utile illustrations of the manner in which some of the procedural demands of employment jurisprudence apply after the employment contract has ended. Decision I would reason by stating first that the affairs discussed above are by no agencies exhaustive of the ways rights and duties arise and continue after the employment contract has come to an terminal. What I hope to hold done is supply some recent and some more historical illustrations to exemplify the fact that in a assortment of fortunes the employment relationship does non come to an terminal at the effectual day of the month of expiration. This is so from both the employer and employees point of position. We have seen that the employee’s duty to keep confidentiality extends past the terminal of the contract for such a clip and in such a manner as is sensible to protect the involvements of the employer. The employer on the other manus is under a responsibility to supply an accurate mention after the employment has ended and continues to be prohibited from know aparting against the former employee during proceedings which arise from the employment, but which take topographic p oint after the effectual day of the month of expiration. Furthermore there are procedural issues which arise after the effectual day of the month of expiration and these have been specifically provided in the employment statute law. Employers and employees likewise would make good to retrieve that their relationship does non come to an immediate arrest at the effectual day of the month of expiration. The relationship implies several rights and duties which continue good after that day of the month. Bibliography Cases Robb V Green [ 1895 ] 2 QB 315 Facenda Chicken Ltd v Fowler [ 1986 ] ICR 297 Hart V Colley ( 1890 ) 59 LJ Ch 355 Printers and Finishers Ltd v Holloway [ 1964 ] 3 All ER 731 Thomas Marshall ( Exports ) Ltd V Guinle[ 1978 ] ICR 905 Gartide V Outman ( 1856 ) 3 Jun NS 39 Littlewoods Organisation Ltd V Harris[ 1977 ] 1 WLR 1472 Nordenfelt V Maxim Nordenfelt Guns and Amunition Co [ 1894 ] AC 535 Home Counties Dairies v Skilton [ 1970 ] IWLR 526 Spafax Ltd v Harrison [ 1980 ] IRLR 442 JA Mont UK Ltd V Mills[ 1993 ] IRLR 172 General Billposting Ltd V Attkinson[ 1909 ] AC 188 Rock Refrigeration Ltd V Jones and Seward Refrigeration Ltd[ 1996 ] IRLR 675 Mason v Provident Clothing Co Ltd [ 1913 ] AC 724 Spring V Guardian Assurance [ 1994 ] ICR 596 Hedley Byrne and Co v Heller[ 1964 ] AC 465 Jackson v Happerton ( 1864 ) 16 CB ( NS ) 829 Horrocks V Lowe [ 1975 ] AC 135 Friend v Civil Aviation Authority[ 1998 ] IRLR Ratcliffe V Evans [ 1892 ] 2 QB 524 Lawton V BOC Transfield Ltd[ 1987 ] ICR 7 Kidd V Axa Equity and Law Life Assurance Association plc [ 2000 ] IRLR 301 TSB Bank Ltd v Harris [ 2000 ] IRLR 157 Relaxion Group plc ( Respondents ) v Rhys-Harper ( FC ) ( Appellant ) , DSouza ( Appellant ) v London Borough of Lambeth ( Respondents ) , Jones ( Appellant ) v 3M Healthcare Limited ( Respondents ) and three other actions Adekeye v Post Office [ 1997 ] IRLR 105 CA Coote V Granada Hospitality [ 1999 ] IRLR 452 Gilham V Kent County Council [ 1985 ] ICR 227 Charles Long and Sons Ltd V Aubry [ 1978 ] ICR 168 Brown v Stuart Scott and Co [ 1981 ] ICR 166 Harvard Scientists Ltd V Younghusband [ 1990 ] IRLR 17 Horsley Smith and Sherry ltd 5 Dutton [ 1977 ] IRLR 172 Legislation The Sex Discrimination Act 1975 The Race Relations Act 1976 Disability Discrimination Act 1995 Race Relations Act 1976 ( Amendment ) Regulations 2003 Sex Discrimination Act 1975 ( Amendment ) Regulations 2003 Disability Discrimination Act 1995 ( Amendment ) Regulations 2004 Employment Rights Act 1996 Employment Rights ( Dispute Resolution ) Act 1998 Trade Union Reform and Employment Act 1993 Employment Act 2002 ( Dispute Resolution ) Regulations 2004 Other The Law of Termination of the Contract. Robert Upex 7ThursdayEdition Jordan Publishing ltd 2006 Halsbury’s Laws of England. Employment ( Volume 16 ( 1 ) ( B ) ) Reissue Harvey on Industrial Relations and Employment Law Bulletin of the Commission’s Network of Legal Experts on the Application of Community Law on Equal Treatment. European Commission CE –V/2-03-003-EN-C

Engineering Ethics Essay Sample

Engineering Ethics Essay Sample Engineering Ethics Essay Engineering plays an important role in our society because it is a profession responsible for creating a sustainable in terms of developing our community. Construction of facilities is one of the main issues that are currently being managed by engineering professionals as a way to ensure that the credibility of services as well as perspectives to improve our society becomes attainable. Engineers are responsible for constructing materials to provide an area for the community to leave and seek dwelling places to settle for a certain period of time. As an engineer, safety is an important ethical issue because the welfare of every resident in our community needs a specific measure to ensure that accidents and hazards will not occur within our household properties. Ethics in engineering is reeled with safety issues, especially if the structure has been built with safety criticisms because it has been previously linked with accidents and hazards. The most concerning issue regarding engineering applications is when there are safety hazards because it risks the lives of engineers and construction workers while building a structure. Examples are falls from a higher elevation, smashed by debris, or trapped inside a fallen structure. Health hazards are also a concern because there are sites that expose engineers and its workers to chemical fumes that can cause respiratory or skin distress. Workers who are constantly exposed to radiation at work often develop cancer in any parts of their body. Basically, health and safety working environment or occupational safety and health is an important ethical consideration applied by engineers at their working environment. This is a process where engineers collaborate with the occupational safety and health prog ram provided by their own institution as well as local government units. In any case that some engineers fail to comply with the proper safety building codes or safety standards, it is likely that their projects fail to meet their goals. The reason behind is that there are safety regulations that were not properly mandated and implemented, leading to a risk in a safe working environment. Authorities are usually inspecting contractors because there are projects that are mandated by non-engineers, which are at risk of having their license to operate revoked. If there are previous safety standards that failed to operate or comply, it is likely that the contractor can be banned from being involved in future projects. As an engineer, it is important to have an operating license for the contractual firm as well as having a professional license. This is to properly represent the contracting company as well as to show the public that the company is operated by a group of licensed engineers. As an implication, it has been learned that the essentials of ethics applied in the engineering profession, as well as its practices, should be consistently monitored by the regulating agencies. The reason behind is to monitor the quality of the products, proper subsidy of projects for the generation of projects, and the professional background of the engineers or contractors. This is to ensure that the quality of projects is always secured in a professional way by the approved contractors of the projects or any tasks. The ethical composure of securing the rightful engineers to operate to a specific project should investigate their personal and professional background as a way to ensure that accidents will not happen in the near future (Stephan, 2012). Reference Stephan, Constantin (2012), Industrial Health, Safety and Environmental Management, epubli, Berlin, 3rd edition,  ISBN  978-3-7418-7478-9, pp. 70-71.

Regression and Forecast of M&A Transactions in the UK Essay

Regression and Forecast of M&A Transactions in the UK - Essay Example 111). Despite the many benefits that accrue to acquisition as a growth strategy, the is significant diversity in the rate of acquisitions between different countries and different regions from across the world. The consequent disparity in the world’s acquisitions has necessitated the investigation into the predictors of this variable in this study, and hence its choice as the dependent variable. Beckeinsten examined the acquisition of firms based on the micro-economic factors that influence acquisition behaviors (26). In his study, economic indicators such as GDP growth, interest rates and stock market index were tested through a series methodology. His findings were that acquisition activity inversely correlate with economic growth. In view of the findings from different empirical studies with respect to the potential predictors of acquisitions, it is crystal clear that the relationship between acquisition activities and the tested economic indicators is not only mixed but al so unpredictable. The complexity, therefore, behind prediction of acquisition activities inspired the researcher of this study to investigate it further. . Figure 1: Rate of acquisition growth (1970-2012): the dependent variable. (Data obtained from U.K office of national statistics) Figure 1 shows the graph of acquisition growth rate from 1970 to 2012. ... The wave of acquisitions is characterized by ups and downs, a pattern that can be associated with economic cyclical patterns. If we can attribute this patter to economic cyclical patterns, then it seems there were major recessions in 1975, 1992 and 2010 and major expansions during 1973, 1978, 1988, 1994, 1999 and 2005. During an economic expansion, the rate of growth of acquisitions seems to increase significantly while the opposite happens during economic recessions. To link these economic cycles to the earlier discussed macroeconomic variables; that is, stock price, market price and GDP, it can be argued that all the three variables move in a positive direction with economic expansion as well as in a positive direction with economic recession. During the time of economic expansion, the wealth of the shareholders tends to grow hence stimulating acquisitions. Increased level of economic activities is also expected to boost GDP growth rate, which sends positive signal to companies enc ouraging them to merge. Furthermore, changes in stock prices affect the financial abilities of companies hence encouraging or discouraging them to merge. During the late 1980s the acquisitions seem to have flourished significantly due to the possible economic boom and a surge in the stock market. Nevertheless, the patterns exhibited in this graph are highly unpredictable and it would be of interest for economist to examine if there is a possibility of negatively linking these waves to important financial activities, which can raise concern over the negative impacts of acquisitions on the economy. Part II Equation: Acquisition_growth = growth_of_market_value + growth_of_ordinary_share price + growth_of_gdp + c Discussion of the model Gross

The Perceptions and Preferences of Students towards e-learning Research Paper

The Perceptions and Preferences of Students towards e-learning assessments in Oman - Research Paper Example   The definition of e-learning has been comprehensively put by Carry and Willis (2001, pg 20) that e-learning processes are whichever forms of learning that applies technological network or computerized technology in knowledge delivery, knowledge facilitation, and interaction. As depicted in an array of literature, of particular interest has been to ascertain the actual implications of e-learning and this has been as largely theorized as debatable. On one hand, as documented by Hall and Snider (2000, pg 95), e-learning process has the potential of cutting across culture while opening doors to new ways of thinking, the sense that it is a delivery vehicle that is ideal for education and learning. Secondly, education systems and institutions should adopt e-learning because it is rich in information. Students can access information at any time, regardless of place. Thirdly, e-learning is a way forward to imparting knowledge to marginalized groups, that is, students with physical disabi lities who have to overcome distance barriers and communication barriers to access education. Fourthly, e-learning is flexible. On the other hand, e-learning has also been ascribed certain fears. As asserted by Johnston, Killion, and Oomen (2005), considering how globalization has drastically reduced the knowledge shelf life, e-learning is not an exceptional subject to related setbacks. One way in which students could meet a demand of non-discrete learning curve is to participate in e-learning while keeping into account the time and place variables of the highly globalized world, yet the e-learning framework does not assure this. Moreover, the processes pertaining to the adoption of e-learning process tends to be more complicated than solely suggesting it depends on the teaching staffs and faculties. As if not enough, how are web-based technologies mainstreamed in the cultural-education context and would it be effective for all faculties? According to Cuellar and Dyrbye (2002), all these points add to its complexity, implying the high chances failure. This division has an implication on the popularity of the e-learning by students. Thus, the question is how popular could be e-learning education and assessments. Ascertaining the popularity of e-learning will go a long way in informing the extent that the policymakers will go in qualifying its necessity. This is because the perceptions of e-learning have an impact on the ease at which e-learning can be adopted (Kook, 1997). Ethical Implications The study does not elicit ethical subject or implications. It touches on the aspect of education and simply entails asking the students perception of the topic area. From another point of view, this does not have any ethical sensitivity point. Research Methodology The most appropriate approach to ascertaining the perception of the students towards the e-learning is by conducting a research. The proposed research would entail a questionnaire to students on how they feel ab out e-learning assessments. The questionnaire was designed. Care is taken to ensure that the questions are as objective as possible while, at the same time, it was designed in a way that will enable the questions to turn away from the fatigue social desirability prejudice.  Ã‚  

Individual Paper on Accounting Profession Essay

Individual Paper on Accounting Profession - Essay Example There are lots of information assets that have to be protected within the information system of an enterprise. The purpose of this paper is to describe the controls for information technology (IT) reporting and evaluation. One of the most valuable information assets that must be safeguarded is the employee personal files. The law protects the employees and it is the duty of the company to have 100% assurance that this information is not leaked or fall into the wrong hands because the workers could become victims of identity theft. There are two facets to protecting the personal files of employees. The first aspect is the manual paperwork that most companies keep with employee information. Those files cannot be kept in filing cabinets where anyone could have access to them. These files must be kept in a separate room that is locked at all times. The only persons that should have access to the information are the director of human resources and his or her staff. The second aspect of sa feguarding this important information asset is the protection that needs to exist within the computerized information system of the company. The computerized information system of a company must be divided in modules. Each module should be independent of each other. For instance engineers would not have access to the accounting module and vice versa. ... erk with the level of clearance system would be a low level clearance employee which means his access within the accounting module of the information system would be limited to the payable work the person performs for the company. â€Å"Two major reasons why we need to protect information assets are (1) the potential for compromises of such assets, unintentionally or otherwise, and (2) compliance with regulatory requirements concerning information protection and communication (Raval & Fichadia, 2007). There are certain information assets that are so valuable companies that to take extreme measures to protect them. An example of such an asset is patents. Any paper work of a patent should be kept in a safe in the office of the chief executive officer (CEO). The CEO should then decide which employees can be given access to that privilege information. In terms of any digital information concerning patents the system of establishing clearance that gives access to the system is a good way to ensure the information is not leaked into the wrong hands. The top level of clearance within the information system of a company should be given to the CEO and the board of directors. The executive managerial staff would fall to the next level of clearance. The managers or directors of different department would have maximum clearance within their pertinent modules such as accounting, marketing, human resources and engineering, but they would not have full clearance for other modules within the system. It is imperative to avoid compromises of the IT system. An example of a compromise would be the unlawful entrance of a hacker into the information system of the company. If an attack occurs the entire system becomes compromised. At that time the IT department has to take measures to find out

Dead Poets Society And Dangerous Minds Comparison Film Studies Essay

Dead Poets Society And Dangerous Minds Comparison Film Studies Essay The soundtrack of Dead Poets Society is a synchronous one of bagpipes being played during the procession, synchronous is a term used to describe a sound caused by some event on screen and which matches the action. This particular soundtrack relates particularly well to the visual track mainly because of it being synchronous, but also because bagpipes represent tradition a big theme throughout the film. I agree with this choice made by the director for using bagpipes as the soundtrack as it fits in nicely with the conformity being placed on the students by the school. On the other hand, the soundtrack used in Dangerous Minds is non synchronous, (sound which is recorded separately from the visuals then added later). The soundtrack is also a sound bridge the music continues through shots adding to the continuity. The use of the song: Gangsters Paradise, relates to the theme of gangs within the area and life on the streets. I also agree with the choice made by the director the song reflects themes which appear later in the film. A matched cut type of editing is used in the opening sequences of Dead Poets Society; this is where a familiar relationship between the shots may make the changes seem smooth. This type of editing is used to show continuity and no change in time between shots giving the viewer all the small details. This editing is effective and continues as the characters enter a new scene, the chapel. Again, Dangerous Minds adopts a different approach by using a jump cut editing technique this is an abrupt switch from one scene to another indicating discontinuity. I believe this is used to show the extent of disrespect for public property as seen by destruction and vandalism. This editing also shows sections of interactions between characters which gives the viewer an idea of who they really are. Now, on to the choices relating to colour and lighting starting with Dead Poets Society. A lot of light is used in its opening sequences, all the characters faces are sufficiently lit up. Light is also a form of iconography with the Light of Knowledge in the form of a candle which also provides light to the large chapel. Lighting can manipulate a viewers attitude towards a character, this happened to me when light was shining up from beneath Mr Nolans face, giving the impression of a stern character and a severe enforcer of rules. The colours are also light; oranges, yellows and red which represent a warm environment (for the time being). Dangerous Minds shows a different aspect of how colour can be used effectively in an opening sequence. The first thing the viewer notices is that the visuals are in black and white only this creates an interest in the viewer as it is unexpected and they therefore pay more attention. The misà ¨-en-scà ¨ne is dark regardless of the black and white colour and there are shadows moving through some of the shots hinting at mysterious lifestyles. The colour changes from black and white to colour as the characters move into the higher class areas on their way to school, this shows the significance school has and still will have on them. The establishing shot in Dead Poets Society is of a wall painted with old pupils, the American flag and the English flag, another example of an old school remembering its roots and traditions a prominent theme throughout the rest of the film. There is a close up two-shot capturing the emotions of the two boys having their photo taken. A close up shot of bagpipes being set up reinforces the theme of tradition and tracking as the procession enters the chapel draws the viewer into the film. The establishing shot of Dangerous Minds is of a neglected building with graffiti on it saying, We love you baby! the camera then pans across the room showing even more graffiti. The camera angles focus more on the surrounding of the characters rather than the characters themselves, emphasising the huge impact of where people come from has on their lives. The first theme introduced in Dead Poets Society is that of tradition. This is seen from the establishing shot of the wall showing the history of the school; it is achieved through the misà ¨-en-scà ¨ne and iconography by showing the bagpipes and them being played by a student. The Light of Knowledge is also a form of iconography and it represents the theme of the high-class school, where students are expected to achieve good results. The other form of iconography is the banners the four boys hold during the procession, the themes are printed on them: discipline, excellence, honour and tradition. The obvious theme in Dangerous Minds is one of disrespect as seen by the high concentration of graffiti on the buildings; this is seen through the misà ¨-en-scà ¨ne. A form of iconography which introduces a theme is the broken stop sign, this shows a complete disregard for rules as initially seen by the extremely raucous class Ms Johnson is appointed to teach. To conclude, both films use different techniques to try and convey their particular messages in the opening sequences. However, I believe that through intricate misà ¨-en-scà ¨ne, good use of iconography, camera angles, soundtrack, lighting and editing; Dead Poets Society stands out as the more convincing of the two films in conveying their message. (979 words)

JoAnn Marshall - The Roles of Southern Women, Black and White, in Society :: Essays Papers

JoAnn Marshall - The Roles of Southern Women, Black and White, in Society Lillian Smith provides a description of the typical black woman and the typical white woman "of the pre-1960's American South" (Gladney 1) in her autobiographical critique of southern culture, Killers of the Dream. The typical black woman in the South is a cook, housekeeper, nursemaid, or all three wrapped up in one for at least one white family. Therefore, she is the double matriarch of the South, raising her own family and the families of her white employers: "It was not a rare sight in my generation to see a black woman with a dark baby at one breast and a white one at the other, rocking them both in her wide lap" (Smith 130). The southern black woman's duties extend far beyond rearing children, as she also serves as a family counselor, confidant, and nurse for the entire white family (Smith 129) and her own if time permits. She can do all this and more because she is strong, wise, and insightful in all areas of life (Smith 119). In short, the southern black woman is the cornersto ne of the southern, domestic life. The white woman in the South has an equally important role. The southern white woman is responsible for maintaining southern social order, better known as Southern Tradition. She establishes "the 'do' and the 'don't' of behavior" (Smith 132) in her children and believes, "If you could just keep from them all the things that must never be mentioned, all would be well!" (Smith 142). At the same time, the southern white woman sits atop the pedestal of Sacred Womanhood that her husband and his ancestors built for her (Smith 141). She meekly sits there, a symbol of southern society used to benefit men's ideals, feeling empty and powerless against everything going on around her (Smith 141-2). The whispers in her children's ears and her presence on that pedestal fulfill the white woman's role as protectress of Southern Tradition, but does not fulfill the southern white woman. In fact, the roles of the southern black woman and the southern white woman are equally important and equally oppressive: "In a culture where marriage and motherhood were women's primary roles, neither black nor white women were free to be fully wives or mothers, and neither were able to sh ield their children from the physical and psychic destruction of the racist society in which they lived" (Gladney 6).

Allah’s miracles in QUran

Fourteen centuries ago, Allah sent down the Qur'an. This book of guidance and wisdom calls man to the truth and instructs all human beings to adhere to the values which this mighty revelation contains. From the day of its revelation to the Day of Judgement, this last divine book will remain as the sole guide for humanity. The book of Allah states, â€Å"But it is nothing less than a Reminder to all the worlds. (Qur'an, ) Ever since the Qur'an was revealed, it has possessed an easily understandable language and tone, accessible to all people and in all times. Allah tells us of this style in the Qur'an: â€Å"We have made the Qur'an easy to remember†¦ (Qur'an,) The perfection of the literary language of the Qur'an, the incomparable features of its style and the superior wisdom contained within it are some of the definitive proofs that it represents the word of our lord.Ever since the dawn of human life on this planet, Man has always sought to understand Nature, his own place in the scheme of Creation and the purpose of Life itself. In this quest for Truth, spanning many centuries and diverse civilizations, organized religion has shaped human life and determined to a large extent, the course of history. While some religions have een based on books, claimed by their adherents to be divinely inspired, others have relied solely on human experience.A1-Qur'aan, the main source of the Islamic faith, is a book believed by Muslims, to be of completely Divine origin. Muslims also believe that it contains guidance for all mankind. Since the message of the Qur'aan is believed to be for all times, it should be relevant to every age. Does the Qur'aan pass this test? In this booklet, I intend to give an objective analysis of the Muslim belief regarding the Divine origin of the Qur'aan, in the light of established scientific discoveries. Allah's miracles in QUran By maown786

Love vs. Enmity

Love vs. Enmity Two lovers, trying to break the enmity between their families with their forbidden love, in the streets of Verona, Italy; is the main conflict of the world's most famous play Romeo and Juliet by William Shakespeare. The two families, the Capulet's and the Montague's, struggle for power in Verona. Romeo, the son of Lord Montague, and Juliet, the daughter of Lord Capulet, fall in love. Romeo and Juliet love can not exist for a long period of time because their love is not as powerful as the hate between the families, which brings Romeo's and Juliet's love to an end. Tragically, love is often not strong enough to overcome enmity.Prejudice and pride caused by enmity weaken love. Most of the Capulet's maintain preconceptions about the Montague's, as much as the Montague's maintain about Capulet's. "This, by his voice, should be a Montague. / Fetch me my rapier, boy.Romeo and Juliet, Act I-Scene_3. Lady Capulet and .../ .../ To strike him dead I hold it not a sin." (I.5.53-58) Tybalt, cous in of Juliet, is biased against Romeo. Romeo enters Capulet's party and his appearance is unacceptable for the Capulet's. Romeo doesn't cause any trouble at the party in front of the Capulet's vision; however, he kisses Juliet but luckily no one realizes. Tybalt acts as if Romeo creates a chaos. Thus, Tybalt is being biased on Romeo. It's also very obvious from Tybalt's words that he does not consider to kill a Montague, a sin. It is nearly impossible for love to remain the same and not lose its power, when there are too many conflicts. The contrast between the prejudice and Juliet's feelings about Romeo weakens love. Hence, enmity can cause pride and prejudice to ruin love.The loss of one's self-control can lead to the destruction of love. The decisions that Romeo makes without...

Biography of Charles Darwin, 19th Century Naturalist

Biography of Charles Darwin, 19th Century Naturalist Charles Darwin (February 12, 1809–April 19, 1882) was a naturalist who originated the theory of evolution through the process of natural selection. Darwin holds a unique place in history as the foremost proponent of this theory. While he lived a relatively quiet and studious life, his writings were controversial in their day and still routinely spark controversy. As an educated young man, he embarked on an astounding voyage of discovery aboard a Royal Navy ship. Strange animals and plants he saw in remote places inspired his deep thinking about how life might have developed. And when he published his masterpiece, On the Origin of Species, he profoundly shook up the scientific world. Darwins influence on modern science is impossible to overstate. Fast Facts: Charles Darwin Known For: Originating the theory of evolution through natural selectionBorn: February 12, 1809 in Shrewsbury, Shropshire, EnglandParents: Robert Waring Darwin and Susannah WedgwoodDied: April 19, 1882 in Downe, Kent, EnglandEducation: Edinburgh University, Scotland, Cambridge University, EnglandPublished Works: On the Origin of Species By Means of Natural SelectionAwards and Honors:  Royal Medal, Wallaston Medal, Copley Medal (all for outstanding achievements in the sciences)Spouse: Emma WedgwoodChildren: William Erasmus Darwin, Anne Elizabeth Darwin, Mary Eleanor Darwin, Henrietta Emma Darwin, George Howard Darwin, Elizabeth Darwin, Francis Darwin, Leonard Darwin, Horace Darwin, Charles Waring Darwin Notable Quote: â€Å"In the struggle for survival, the fittest win out at the expense of their rivals because they succeed in adapting themselves best to their environment.† Early Life Charles Darwin was born on February 12, 1809, in Shrewsbury, England. His father was a medical doctor, and his mother was the daughter of the famous potter Josiah Wedgwood. Darwin’s mother died when he was 8, and he was essentially raised by his older sisters. He was not a brilliant student as a child, but he went on to study at the University of Edinburgh Medical School in Scotland, at first intending to become a doctor. Darwin took a strong dislike to medical education and eventually studied at Cambridge. He planned to become an Anglican minister before becoming intensely interested in botany. He received a degree in 1831. Voyage of the Beagle On the recommendation of a college professor, Darwin was accepted to travel on the second voyage of the H.M.S. Beagle. The ship was embarking on a scientific expedition to South America and islands of the South Pacific, leaving in late December 1831. The Beagle returned to England nearly five years later, in October 1836. Darwins position on the ship was peculiar. A former captain of the vessel had become despondent during a long scientific voyage because, it was assumed, he had no intelligent person to converse with while at sea. The British Admiralty thought sending an intelligent young gentleman along on a voyage would serve a combined purpose: he could study and make records of discoveries while also providing intelligent companionship for the captain. Darwin was chosen to go aboard. Darwin spent more than 500 days at sea and about 1,200 days on land during the trip. He studied plants, animals, fossils, and geological formations and wrote his observations in a series of notebooks. During long periods at sea, he organized his notes. In the Galapagos The Beagle spent about five weeks in the Galapagos Islands. During that time, Darwin made a series of observations that had a significant impact on his new theories about natural selection. He was particularly intrigued by his discovery of major differences between species on different islands. He wrote: The distribution of tenants of this archipelago would not be nearly so wonderful if, for instance, one island has a mocking-thrush and a second island some other quite distinct species... But it is the circumstance that several of the islands possess their own species of tortoise, mocking-thrush, finches, and numerous plants, these species having the same general habits, occupying analogous situations, and obviously filling the same place in the natural economy of this archipelago, that strikes me with wonder. Darwin visited four of the Galapagos Islands, including Chatham Island (now San Cristobal), Charles (now Floreana), Albemarle, and James (now Santiago). He spent much of his time sketching, collecting specimens, and observing animals and their behavior. His discoveries would change the scientific world and rock the foundations of Western religion. Early Writings Three years after returning to England, Darwin published the Journal of Researches, an account of his observations during the expedition aboard the Beagle. The book was an entertaining account of Darwins scientific travels and was popular enough to be published in successive editions. Darwin also edited five volumes titled Zoology of the Voyage of the Beagle, which contained contributions by other scientists. Darwin himself wrote sections dealing with the distribution of animal species and geological notes on fossils he had seen. Development of Darwins Thinking The voyage on the Beagle was, of course, a highly significant event in Darwin’s life, but his observations on the expedition were hardly the only influence on the development of his theory of natural selection. He was also greatly influenced by what he was reading. In 1838 Darwin read an Essay on the Principle of Population, which the British philosopher Thomas Malthus had written 40 years earlier. The ideas of Malthus helped Darwin refine his own notion of â€Å"survival of the fittest.† Darwins Ideas of Natural Selection Malthus had been writing about overpopulation and discussed how some members of society were able to survive difficult living conditions. After reading Malthus, Darwin kept collecting scientific samples and data, eventually spending 20 years refining his own thoughts on natural selection. Darwin married Emma Wedgwood in 1839. Illness prompted him to move from London to the country in 1842. His scientific studies continued, and he spent years studying various lifeforms to better understand their evolutionary processes. Publication of His Masterpiece Darwin’s reputation as a naturalist and geologist had grown throughout the 1840s and 1850s, yet he had not revealed his ideas about natural selection widely. Friends urged him to publish them in the late 1850s; it was the publication of an essay by Alfred Russell Wallace expressing similar thoughts that encouraged Darwin to write a book setting out his own ideas. In July 1858, Darwin and Wallace appeared together at the Linnean Society of London. And in November 1859, Darwin published the book that secured his place in history: On the Origin of Species By Means of Natural Selection. Death On the Origin of Species was published in several editions, with Darwin periodically editing and updating material in the book. And while society debated Darwins work, he lived a quiet life in the English countryside, content to conduct botanical experiments. He was highly respected, regarded as a grand old man of science. He died on April 19, 1882, and was honored by being buried at Westminster Abbey in London. Legacy Charles Darwin was not the first person to propose that plants and animals adapt to circumstances and evolve over eons of time. But Darwins book put forth his hypothesis in an accessible format and led to controversy. Darwins theories had an almost immediate impact on religion, science, and society at large. Sources â€Å"Charles Darwin: Gentleman Naturalist.† Darwin Online.Desmond, Adrian J. â€Å"Charles Darwin.† Encyclopedia Britannica, 8 Feb. 2019.Liu, Joseph, and Joseph Liu. â€Å"Darwin and His Theory of Evolution.† Pew Research Centers Religion Public Life Project, 19 Mar. 2014.

3 MGT-TD - Organizational Culture and Change Coursework

3 MGT-TD - Organizational Culture and Change - Coursework Example In addition, the results obtained exceed their expectations. As a manager, transforming a group to a high-performance team would commence by creating a team from this particular set of people. Then I would provide the team with all resources required to improve their performance (Goffee & Jones, 2013). The resources may include more advanced tools of work like an exceptional IT system. Additionally, the team would comprise of individuals from all departments in the organization. Synergy provides the ability to group members to put together ideas and come up with a strategy that exceeds the creativity of one individual. It also enables a group to outperform their best individual. Group thinking is the ability of a set of employees to come into a consensus without creation conflicts. In group thinking, an agreement is reached without the consideration of alternative options thus minimizing effectiveness (Goffee & Jones, 2013). In an organization, promotion of synergy can be easily done by requiring teams to provide more than one solution to a problem. Goffee & Jones (2013) assert that promoting synergy while eliminating group thinking by creating an award system that honors individual performance in a

Stem Cell Research Paper Example | Topics and Well Written Essays - 1500 words - 1

Stem Cell - Research Paper Example Thus stem cells are the basic root for the existence of the multicellular organisms. These stem cells previously were not given enough heed to be researched upon, but recently as the world of medicine has improved research on the stem cells have become an important breakthrough in the world of science (Solo & Pressberg 2007). Stem cells can be of two types which are embryonic stem cells and adult stem cells. Embryonic stem cells are retrieved from human embryos whereas adult stem cells are retrieved from the organs of adults. Because of the stem cells to proliferate rapidly and form organs it is important for the medical experts to discover the inner functioning of these stem cells. And thus it has become important to retrieve these stem cells from the embryo and adults. The ethical issue arises in the concept of retrieving the stem cells from human embryos. In the process of retrieving the stem cells the scientists have to destroy the human embryo and in this process a death of a hu man being may be caused as believed by the opponents of stem cell research. However the proponents believe that the embryo has yet not developed enough to be called a human being and thus a life is not being taken. This essay would further revolve around both these view points and would provide with a definite conclusion as to which view point is more convincing (Newton 2007). According to the scientists stem cell research can be a breakthrough in the medical world to cure many of the diseases which are causing deaths. These stem cells give birth to the organs in the body and it is because of these stem cells that a systemic way of functioning is observed in the human beings. Thus the very reason of the existence of these organs can help to transform many medical researches into success. The exact functioning of these stem cells can help the doctors to replace organs which have become dead or diseased due to any condition in the human being and they can further provide ways to compl ete healing in a human being. It is believed that successful research on the stem cells can provide a way for breakthrough in the cure of genetic and nervous disorders. Stem cells can help to replace the neurons placed in the body if the research is successful and the parts of brain which are not functioning may be able to function because of these stem cells (Newton 2007; Solo & Pressberg 2007). The question now arises as to why these stem cells are not being used for research by the medical experts. The answer is given by the controversial debates of the moral thinkers. Human Embryonic Stem Cells can be retrieved from the inner cell mass of a blastocyst. As a human embryo begins to develop a blastocyst is formed which consists of an inner cell mass and an outer cell mass which is known as trophoblast. Acquiring the stem cells requires the destruction of the outer cell mass of trophoblast and thus the immediate death of the embryo (Thomas et al 1998). This death of the embryo has c aused many arguments to be raised against the stem cell research. According to the opponents the killing of embryo is just like killing an innocent citizen and depriving him of his rights. These opponents argue that a life emerges the very moment a zygote is formed because of fertilization and after this process the killing of the child would be unethical and against the rules of this world. (George & Gomez-Lobo 2002, 258). However the proponents for stem cell research