Employment Law and Employee Relations Assignment

Introduction Employment relations between employers and employees are managed by several different sources. There are a variety of statutory provisions which govern the acceptability of certain behaviours by either party. Key legislative provisions that will be referred to throughout this case study include the Employment Rights Act 1996 (ERA) and the Equality Act (2010) EqA, amongst others. Each of the three situations here will be looked at individuals although it is noted that each of the three people in question are employees and there is no need to consider the tests of whether or not the individuals are self-employed or employed for the purposes of statutory protection (although this was not as clear with Sally, see below for analysis). Each employee has also been issued with a contract which is presumed to be compliant with the minimum statutory requirements. Each scenario will be looked at in turn. Jim The discussions associated with Jim and his recent civil partnership indicate that there is a prima facie argument being presented by Jim that he is being discriminated against by virtue of his sexual orientation. Jim has argued that he has been given a less favourable shift pattern and that this is due to his sexual orientation and his statement that he is likely to be seeking to take time off to raise a child in the near future. He has also indicated that he has been subject to abuse from a colleague by virtue of his sexual orientation. Jim is now off work ill and has suggested that he may wish to resign. The danger from the Council point of view is that Jim resigns and states that he was constructively unfairly dismissed by virtue of his treatment due to sexual orientation. Although he has only been employed for a period of 18 months and this would typically mean that he had not have the appropriate qualifying period for unfair dismissal. However in accordance with section 19 of EqA there is no qualifying period and this therefore presents a danger to the Council. In order to potentially argue this, Jim would have to show that he had suffered from discrimination, harassment or victimisation in the work place as a direct result of his sexual orientation. In accordance with the EqA 2010 direct discrimination, indirect discrimination, harassment and victimisation are all outlawed. Jim is seemingly arguing that he is being directly discriminated against as he is being given worse shifts than his counterparts who are heterosexual. In order to prove this there would need to be a comparator so that he could show that he has been treated comparatively worse than his counterpart, the comparator having circumstances that are not materially different to Jim (Shamoon, 2003). Therefore in this case it would be necessary to look at the treatment of someone who is in all ways similar to Jim with the exception of sexual orientation. The facts as indicated here are not sufficiently clear to show whether or not on balance Jim has been treated any differently than other colleagues with the revised shift patterns. There is also an additional concern faced by Malcolm in that in the case of Martin (2006). In this case it was held that the investigation of the grievance process was in itself discriminatory as the manager had failed to give the complainant the necessary time and a ttention, instead dismissing his grievance as petty. Malcolm’s response to Jim’s verbal statement is therefore a concern and although a formal grievance has not been raised the matter needs to be treated with greater concern in order to investigate the complaint fully. In relation to the investigation of victimisation and harassment, the full process needs to be followed in order to comply with the requirement of the EqA to protect Jim. Section 26 of the EqA deals with the conduct that has the effect of being discriminatory by virtue of victimisation and harassment. Again the full facts have not been ascertained as yet and although Jim feels the emails are coming from a colleague this would need to be investigated fully. The crucial aspect of this scenario however is to deal with the grievance in an appropriate manner. Malcolm’s previous brushing aside of Jim could in itself create allegations of discrimination and this needs to be rectified as a matter of urgency. A failure to do so could result in Jim bringing a claim for constructive, unfair dismissal with the possibly of the tribunal awarding compensation for injury to feelings. This is aimed at being compensatory and not punitive but nonetheless presents a real danger to the Council (Corus, 2005). Frank This scenario deals with an employee that is known for several misdemeanours over the two years of his employment, most notably going out during the week and weekend and attending work in a manner that is seen to be unacceptable. His latest error as a result of this activity has resulted in a potential substantial loss to the Council. There is no indication that his action with the transcription error happened when he was doing anything outside of his authority within work. It is also noted that he is paid a minimum wage or ?5.13 at 19 years of age which does not indicate that he is an apprentice. That said being 19 and recognised to have substantial weaknesses in his performance which do not seem to have been picked up previously places the Council in a weaker position. Despite this, it is evident that his error has caused a substantial loss and as such it is reasonable for the Council to look towards a disciplinary. The principles of fairness when conducting a disciplinary are contained in the ACAS Code of Practice on Disciplinary and Grievance Produces (2012) as well as the non-statutory guide that is also created by ACAS. More formally, S98 of ERA states that in order for an individual to be dismissed the employer is required to have acted reasonably and following a suitable disciplinary process would be a key component of this. In the event that the process is not followed and Frank then claims unfair dismissal the failure to follow the process could result in an uplift of any award by 25% (Section 207 of Trade Union and Labour Relations (Consolidation) Act 1992). Firstly it is necessary for the employer to consider whether formal action is necessary. It is not clear whether previous misdemeanours or poor performance has been dealt with formally or informally and this should be looked at as a matter of priority. However for the purposes of this advice it is suggested that these have not been dealt with formally in any way. Where a discussion is to be recorded formally on the record of an employee, as is likely to be the case her section 11 of the Employment Relations Act 1999 will become relevant and the statutory right to be accompanied needs to be taken into account. It was confirmed in the case of Sarkar (2010) that where the disciplinary could result in dismissal it is not acceptable to use an informal process. The potential loss here is substantial and therefore it is possible that the Council could be looking at gross misconduct. Frank has the qualifying period of 2 years service and could therefore potentially claim unfair dismissal making it vital that the processes are followed correctly. The employer needs to act promptly as if it fails to indicate the severity of the situation to the employee there is a danger that it would be seen to have affirmed the contract and accepted the employees repudiatory breach (Cook, 2009). A full investigation is necessary which will then potentially lead to the disciplinary procedure. The position of the employer should however be reserved for the duration of the investigation. During the investigatory meeting and the disciplinary meeting (if there is one subsequent) the employee has the right to be accompanied. The level of investigation necessary is dependent on the severity of the accusation (A, 2003). Where an employee is at a serious risk of long term impact for example being dismissed and receiving a professional detriment a much more thorough investigation is required. Based on this and the underlying need to act reasonably Frank should be suspended in order for the investigation to take place. He should be informed of his rights and obligations during the period and also how long he is likely to be suspended for. As the conduct is sufficiently severe that it could result in dismissal this is a crucial step and the investigations should be very thorough. There are concerns that the Council has been aware of performance issues and has not yet dealt with the matter. Furthermore it would seem unreasonable that a junior individual was able to make such a costly error and this will have to be born in mind when determining the severity of the disciplinary process to be followed. Sally Sally’s contractual status is questioned initially as she is currently working various hours with a weekend on call every month. Sally has been located at the Council office for 3 years with a set desk and specific hours. This level of control is considered to be sufficient to comply with the definition of employee as per section 230 of the ERA 1996. This is a matter of fact and law and it is suggested that as she was required to personally preform the contract and the Council had a high level of control she would be deemed to be an employee (Carmichael, 2000). Based on this it would be the case that Sally is entitled to the statutory minimum holiday which is 20 days (excluding 8 bank holiday days). Sally has requested a change to her current working hours which is dealt with a flexible working request and secondly she is likely to be interviewed alongside others for the full time vacancies which have now arisen, should she wish to apply and would not want to be discriminated against by virtue of her caring role for her terminally ill mother. Since June 2014, employees with at least 6 months’ continuous service have been able to apply for flexible working for any reason. The employer is then under a duty to deal with the request in a reasonable manner and be fair in the way that they treat the application (Duncan, 2012). Crucially, in accordance with section 13 of the EqA it is possible for an employer to be directly discriminating against an individual who is treated less favourably due to the disability of an associated person (Coleman 2008). This situation is potentially difficult for the Council to manage and there is at least some argument that Sally is not in fact an employee. On balance however this is not a valid argument given the prescriptiveness of the hours of work and the physical base in the council as well as the personal nature of the services provided. The Council would therefore be required to provide paid holiday and to provide Sally with her contract of employment. Furthermore any requests for flexible working would need to be dealt with fairly and when looking to fill full time roles, Sharon would have to ensure that she did not discriminate against Sally as this could result in disability discrimination despite the fact that the disability is not suffered by her directly. Conclusions In summary, Jim should be offered a full and diligence grievance procedure to prevent him resigning and later claiming constructive unfair dismissal by virtue of sexual orientation discrimination. Frank should be dealt with formally through the use of the disciplinary procedure with a full investigation and if necessary a disciplinary that conforms with statutory requirements. Sally is, on balance, an employee and needs to be managed with due care to the disability discrimination rules and the need to be fair and reasonable when considering any flexible working requests. References ACAS (2012) Disciplinary and Grievance Procedures Available at: http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf A v B [2003] IRLR 405 Carmichael v National Power plc [2000] IRLR 43, Coleman v Attridge Law and another [2008] ICR 1128 Cook v MSHK Limited and another [2009] EWCA Civ 624, Corus Hotels plc v Woodward and another UKEAT/0536/05, Duncan, N (2012) Employment Law in Practice, City Law School (London, England, Oxford University Press) p.216 Employment Relations Act 1999 Employment Rights Act 1996 Equality Act (2010) Martin v Parkam Foods Ltd ET/1800241/06 Sarkar v West London Mental Health NHS Trust [2010] IRLR 508 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337 (HL) Trade Union and Labour Relations (Consolidation) Act 1992

The Regulatory & Ethical Environment of Business

Incorporated In Wall or with a physical presence In Wall) to review in an original term paper. The student must cover at a minimum 3 of the following 7 topics: (2) What type of entity is this business (e. G. LLC, for-profit entity, nonprofit entity, etc. ) and why is that the best choice for this business? (1) How does the equines address ethical or moral issues? (5) What environmental issues does the business deal with? (3) If the business develops, sells or otherwise deals with consumer products, how does the business ensure product safety? (4) Does the business engage in advertising? If so, why? Further, how does it determine what type of advertising best suits Its purposes? (6) What employment Issues has the business faced? 7) What type of steps does the business undertake to Meltzer discrimination both within and outside the workplace? Papers will be graded on thoroughness and concepts covered in the textbooks. Students may conduct research of the business however they see fit, though it is strongly suggested that the student interview or otherwise correspond with a contact person or persons affiliated with the chosen business. Papers must be double spaced, typed in size 12 Times New Roman font with 1 inch margins. The paper must be a minimum of 10 pages and a maximum of 12 pages. MGM-6020-E, 6020?The Regulatory & Ethical Environment of Business Term Paper : Hallelujah Solar (http://www. Holidaymakers. Mom/) length of existence in Hawaii and a description of Hawaii-based activities (particularly f you are covering a national â€Å"chain† business) Hallelujah Solar named after a massive shield volcano that forms more than 75% of the Hawaiian Island of Maim. The story of the company is not what one would expect. It did not start with a massive research or a group or pro environmental scientist. It all started back in the ass's, Hallelujah Solar founder, Jim Whitlock,working as a plumber at a golf course, came home after a hard day of work, ready for a nice shower and realized he had no hot water. He called his landlord, and told him all the water he was getting was cold. Mr.. Toby, a long-time local, came over and pointed to a box on the roof and exclaimed in his broken English, â€Å"No more sun, no more hot water†. Mr..Toby went on to explain how the home-made device, copper tubes sandwiched between old window panes connected to a water tank sitting on a rotting wooden stand, used the sun to create hot water. Jim touched the tubes and pulled immediately back from the heat. The proverbial light bulb went off in his head. â€Å"Holy cow, this actually works†, he thought. And that was it. Jims solar energy Journey had begun. Keep in mind back then he was a long-haired hippie surfer, involved in environmental causes like Save Our Surf, a group dedicated to preserving reefs and pristine shorelines from unscrupulous developers. In a weird twist of fate, here he is years later, using inspiration he got from an amateur b ackyard inventor, still helping the environment and along with it, thousands of other lives as well.However, despite the free spirited image Jim was no slacker he was mechanically inclined and good with his hands. It took Jim 60 days to build a solar system prototype whilst working a day Job. This was no small feat considering this was before most people owned a computer let alone heard of the internet. He spent most of his extra time in the local library doing research and experimenting with different materials and products and eventually developed an efficient working solar hot water system. â€Å"The members of the corporation unlike the members of partnership or the proprietors of a business – are financially liable for the debts of the organization only up to the extent of their investments† (Pig 152 Shaw). 977, Jim officially started his solar company, Hallelujah Resources Inc. During the ass's, due to the oil embargo in the Middle East, crude prices rose dramati cally. Environmental awareness also emerged at this time and the ambition of the two triggered tremendous interest in alternative ways to create energy. Solar was a major recipient of this newfound interest and the whole industry took off. Due to the professionalism and integrity of Jim and his services, the now- named Hallelujah Solar quickly became the largest solar company in Maim, eventually other islands and soon they were installing systems all over the state. In the mid ass's, Jim started experimenting with solar cells, creating electricity.With fuel costs constantly rising, and photovoltaic technology prices dropping, he envisioned a true in which â€Å"people would set up their own small electric companies†. In observing the incredible growth of solar electric today, we can conclude he was right. Hallelujah Solar has been in business for over 35 years and has installed over ten thousand solar energy systems with satisfied customers all over the state of Hawaii. They believe servicing systems is Just as important as installing them. They are a one- stop shop and service anything solar energy related. Hallelujah Solar truly stands behind their work, and are one of the few solar companies in the state to have been round long enough to actually back up a 25 year warranty. What type of entity is this business (e. G.LLC, for-profit entity, nonprofit entity, etc. ) and why is that the best choice for this business? â€Å"When we think of corporation we naturally think of giants such as General Motors, Exxon Mobil, Microsoft or Walter, which exert enormous influence over our economy and society. But the local independently owned convenience store may be a corporation. † (pig 1 52 Shaw). Jim Whitlock knew that if he to have any kind of success he needed to create a corporation. Corporation has many advantages that suited this reticular situation. First of all the expansion factor a non-for-profit entity has harder time Justifying expansion since its goal is not revenue generation but rather its mission.Its not the fact that Non-For-Profit organization cannot generate revenue, actually a lot of them do (For example NCAA (National College Athletic Association)), it is the fact that it cannot use revenues to invest in itself. Revenues of non-for-profit organization usually distributed to shareholders as dividends or invested in projects. Non-for-profit cannot retain profits for self investment. Jim Whitlock had the sights et on expansion and needed the profits and revenues to be invested back into the corporation. So that he can weather downturns in business and have enough financial leverage to expand. Non-for-profit usually relies on donations as the main contribution, Corporations are relied on investors as the main source of contribution.Being an investor is more lucrative than being a donor. With corporation it is easier to get findings not only from people who want to succeed with you but also from financial institutions . If a corporation is generating revenue financial institutions are more inclined to give loan or become an investor. The idea of making money appeals more to the banks rather donations†¦ Go figure. Last but not least the Non-for-profit tax requirement for compliance are tedious and time consuming not to mention strict regulations code Jim Whitlock needed to focus on the company's development and its growth instead of trying to comply with government requirements.These are the biggest reasons why Corporation was the right path for Hallelujah corporation rather than the path of non for profit. One of the most important legal benefits is the proprietors and general partners in a partnership are personally and Jointly expansible for all the liabilities of a business such as loans, accounts payable, and legal Judgments. In a corporation, however, stockholders, directors and officers typically are not liable for the company's debts and obligations. There is this quote in the book â €Å"The problem, of course, is that they are not human beings. Or to quote Lord Thrown an eighteenth-century lawyer, how can you â€Å"expect a corporation to have a conscience, when it has no soul to be damned and no body to be kicked(pig 154 Shaw).The fact is that these types of corporations do have souls because it starts tit one man's idea and that man wants to see his idea come to fruition, to grow and to materialize. To start something from basically zero with Just an idea a person needs to invest time, a person needs to invest resources and most importantly his soul. The corporation is a shield for personal assets to minimize the already enormous risk a person is taking. Such shield allows the company to grow and maintain the work force knowing that the corporation Just like a person can be braised or blamed, even punished for the decisions management makes and the policies management undertakes. 1) How does the business address ethical or moral issues?The 1973 oil crisis s tarted in October 1973, when the members of Organization of Arab Petroleum Exporting Countries or the OPEC (consisting of the Arab members of OPEC, plus Egypt, Syria and Tunisia) proclaimed an oil embargo. By the end of the embargo in March 1974, the price of oil had risen from US $3 per barrel to nearly $12. This was the wake up call to search for alternative energy source. A lot of articles was posted on the power of solar technology. Jim Whitlock recognized the niche need for solar powered heaters and decided to turn an idea into reality and in turn o profit. â€Å"Pollution and the depletion of natural resources are two aspects of the same problem: Both involve using up natural resources that are limited.Pollution uses up clean air and water, Just as extraction uses up the minerals or oil in the ground† (pig 244 Shaw). However, here we have something that is free and taken for granted – Sunlight. Hallelujah Corporation uses sunlight as its primary resource and conv erts it to heat and electricity the added bonus is no pollution created. In fact studies have confirmed that in the long run installing solar powered equipment reduces cost to he consumer in the long run. Those costs are not only monetary but also environmental since no additional pollution generated there is no additional cost to improve the environment. The cost of cleaning up pollution â€Å"Cost can include time, effort, discomfort, and lost opportunities† (pig 248 Shaw).Since solar industry does not generate extra pollution it saves everyone a lot of time, effort, discomfort and lost opportunities. The longer the solar technology is used the more indirect benefit it generates. Something that deserves to be mentioned a lot of government findings are spent falls into this category. The incentive for solar industry actually comes from two levels the State and The federal both offer tax credits if consumer or a company decides to take a â€Å"greener† route. Both the state of Hawaii and the US federal government offer generous tax credits for new solar photovoltaic system installations. The state of Hawaii also gives tax credits for solar hot water systems.These incentives dramatically lower the cost of purchasing and installing a solar system and have fueled the huge wave of interest in the last several years for solar energy in Hawaii. We thought we would explain how these tax credits work in order for you to start to understand how you can take advantage of them. Now lets get into the specifics the federal government gives a 30% tax credit on the cost of equipment and installation of a solar photovoltaic system and applies to all systems placed into service before December 31, 2016. The Hawaii Energy Tax Credit allows solar customers to claim an income tax credit of 35% of the cost of equipment and installation of a solar hot water system.So here we have a savings of 30% from federal and 35% from state on top of this we have a long term savin gs on the cost of electricity and indirect benefit of no pollution being generated. Utilitarianism is the moral doctrine that we should always act to produce the greatest possible balance of good over bad for everyone affected by our actions† (pig 48 Shaw). With so many reason for the use of solar technology there is no moral or ethical counter argument against it. So what is holding back ?. It is hard to get over the initial investment. Even with all the tax credits solar investment still has a hefty price tag. It is a big investment for a middle class person to shell out for a system that has tendency to be unreliable. That brings us to the next hurdle – unreliability.Even though in this day an age this is almost a non issue because of storage batteries and much more efficient ways to store energy which is being unused. Solar energy does heavily rely on the sun and some parts of the world (other than Hawaii) sun is seasonal and inconsistent so even with all the incent ives it is unpractical in some parts of the world. Last but not least, solar technology does require maintenance once in a while, the solar panels do get dusty and dirty and they need to be hosed off. Not everyone has the physical agility to climb the roof so additional expense is squired to maintain it. What environmental issues does the business deal with? The Hallelujah solar Inc is the futures answer to the present day pollution.We live in a time when its apparent that the use of energy that comes from the combustion of fossil fuels is something that needs to be left in the past, because these sources of energy are not endless and they have quite a negative impact on our Earth's delicate CEO-system. â€Å"William T. Blackstone, have gone further to argue that each of us has a right to a livable environment. In Blackstone view, this is a human right. Each person has the right qua being human and because a livable environment is essential for one to fulfill his human capacitiesâ €  This right has emerged as a result of well as the possibility of realizing other human rights† (page 245 Shaw). Solar power is an efficient, CEO-friendly, and endless source of energy that does not have the negative effects on our environment.Yet despite the availability of alternative sources most of the power used in the United States is made from dirty fossil fuels including coal, gas, and oil. Once fossil fuels are burned to generate energy, they Anton be reused and we have to find more to create more energy. The search for more fossil fuels is only going to become more dangerous and expensive. â€Å"Ecosystem which refers to a total ecological community, both living and nonliving. Webs of interdependence structure ecosystems. Predators and prey, producers and consumers, hosts and parasites are linked, creating interlocking mechanisms – checks and balances – that stabilize the system. â€Å"(page 243 Shaw).Pollution is a cancer that is slowly eating a way at the entire ecosystem. Slowly corroding the interlocking mechanism and destroying the checks and balances. Air pollution causes damage to crops, animals, forests, and bodies of water. It also contributes to the depletion of the ozone layer, which protects the Earth from the sun's UP rays. Another negative effect of air pollution is the formation of acid rain, which harms trees, soils, rivers, and wildlife. Some of the other environmental effects of air pollution are haze, transportation, and global climate change. Pollution also has a direct effect on human that becomes apparent and burdensome during our lifetime.Air pollution can cause long-term and short-term health effects. It's found that the elderly and nouns children are more affected by air pollution. Short-term health effects include eye, nose, and throat irritation, headaches, allergic reactions, and upper respiratory infections. Some long-term health effects are lung cancer, brain damage, liver damage, kidney damage, heart disease, and respiratory disease. The sun is a huge source of free, natural and renewable power. Using solar power can help offset energy generated from fossil fuels. About half the electricity in the U. S. Comes from burning coal, which releases toxic emissions, such as nitrogen oxide, sulfur dioxide, and heavy metals like mercury.Using solar electricity reduces our dependence on coal, thus decreasing greenhouse gases and pollution. Energy produced from green sources, like solar, will help reduce our dependence on imported energy. Solar power can be generated cleanly and safely in the United States, where Jobs can be created in sales, installation, and engineering. In addition, home solar provides freedom from electricity rate increases and power outages. Here in Hawaii, this is even more critical as all of our oil is imported leaving us vulnerable to unstable worldwide fluctuations in the prices of crude oil. By going solar, you can edge the risk of fluctuating oil prices.H allelujah Solar helps fight against the ongoing pollution by offering a substitute energy source. Aside from the obvious benefit to the environment Solar company does offer something immediate to an individual such as tax credit. The government sees the benefit to not only get rid of dependence on foreign resources but also the need to take care of the environment. A lot of incentives were offered to the make money destroying the environment can there be a profitable business that benefits the environment. Apparently it can Solar industry has been gaining a lot of round people are looking to save money and governments are looking to reduce the cost of pollution and to reduce the indirect cost of foreign resource dependency. Social responsibility and environmental sustainability are core business competencies not a fringe activities† (page 245 Shaw) Conclusion and final thoughts, which may include a global view of what you've discovered about the business, what the future likel y holds for the business, etc A solar industry is finally getting its time in the sun. When I began the research I was curious in the industry and what it had to offer. With today's rising prices in oil and gas you are forced to look for alternatives. This year on may 9th president Obama stressed the need for US to find alternative energy source and pledged 2 billion dollars to solar industry. Executive actions that will drive investments in solar energy upgrades for government and private sector buildings, improve appliance efficiency standards, strengthen commercial building codes, encourage innovative financing, and create Jobs by developing a skilled solar workforce. † (Washington Post, may 9th). A lot of big corporations such as Apple and Kea are taking a chance on alarm energy and installing it at their locations. First of all there are incentives such as tax credits which save money for corporations in the short run. Second of all, there are saving incentives in the lon g run since the companies don't have to pay so much for traditional forms of energy. Third of all, it is a really great publicity stunt which can go a long way with investors. So the government is curious about the future of solar technology, the corporations are curious about yet the public remains blind.

A practical criticism of ‘For the Union Dead’ Essay

The aquarium is gone. Everywhere, giant finned cars nose forward like fish; a savage servility slides by on grease (For the Union Dead – Robert Lowell) In Lowell’s poem ‘For the Union Dead’ there is an underlying theme of the lost idealism which caused the American Civil War and its replacement with commercialism and materialism. â€Å"Giant finned cars nose forward like fish†, here Lowell reminds us of 20th century materialism by bringing about the image of the highly desired Cadillac (â€Å"finned cars†) whilst combining it with the comparison of a fish. This in my mind creates the idea of mankind following each other mindlessly to each material craze and status object. Moreover the image of men following each other (â€Å"nose forward†) alludes to the idea of slavery indicating that rather than liberating the African Americans from slavery we have in fact, all become slaves to our material needs. Also the aquatic references seen throughout the poem seem like references to Alan Tate’s poem ‘Ode to the Confederate Dead’: â€Å"Now that the salt of their blood stiffens the saltier oblivion of the sea, seals the malignant purity of the flood.† This could again be an indication that perhaps the North (and indeed all of ‘liberated’ America has in fact lost its war against slavery to materialism and are now in the â€Å"Oblivion of the sea†. Although this then creates a feeling of reliance on our objects as us fish are reliant on the oxygen in our ‘metaphoric sea of materialism’ which is also symbolized earlier in the poem by the image of Colonel Shaw’s monument in Boston Common being propped up to by planks so It can survive the building of an underground parking structure: â€Å"Propped up by a plank splint against the garage’s earthquake†. This not only shows this new found reliance on objects but represents the war Colonel Shaw was (and now again is) fighting against slavery. I pressed against the new and galvanized barbed fence on the Boston Common. Behind their cage, yellow dinosaur steam shovels were grunting as they cropped up tons of mush and grass to gouge their underworld garage (For the Union Dead – Robert Lowell) â€Å"Galvanised barbed fence [†¦] grunting [†¦] gouge† brings to mind the contrasting image that these new mechanical â€Å"Dinosaurs† are our slaves. Which is made to seem cruel not just by the use of â€Å"Grunting† but by the personification of the cranes: â€Å"They cropped up tons of mush and grass†. This suggests that the 20th century American has not just forgotten the Idealism of the North but has in fact taken up that of that South! This gives further meaning to the fact that the work these new ‘slaves’ are doing is knocking over and damaging Shaw’s monument which is close to falling into the hole in Boston Common (being dug for a new parking structure) which represents the killing of Shaw and his Idealism by Materialism. â€Å"The ditch where his sons body was thrown and lost with his Niggers† – Again.

Financial Management Fundamentals Essay Example | Topics and Well Written Essays - 1500 words

Financial Management Fundamentals - Essay Example The company may face problems in meeting its short term obligations. The company has not raised long term debts and its long term liability is only pension liability. Accordingly the company is very low geared. Earning per share and dividend per share are so attractive that company will get oversubscribed whenever the company will go public. The detailed financial analysis follows: Profitability of Nichols Plc. have been analyzed from three angles, namely, Net Margins, Return on Assets(ROA) , and Return on Equity (ROE). Financial statements for Nichols Plc. have presented the profitability for 2006 (and restated figures for 2005) before and after taking into account exceptional items. Accordingly the profitability analysis have been made from both angles, i.e., before and after the exceptional effects on profitability. The following ratio calculations have helped in reaching an investigative analysis: Net profit margin â€Å"also called the Return on sales ratio, it shows after tax profit(net income) generated by each sales dollar by measuring the percentage of sales revenue retained by the company after operating expenses, creditor interest expenses, and income taxed have been paid.†(BDC)1. Net Profit Margins have shown a tremendous jump from 7.37 % to 10.01 despite the fact the sales revenue has been reduced from 63.336m in 2005 to 52.296m in current year 2006. That means Nichols has worked on some strategic issues and kept the qualitative business alive that generates the real profits for the company. This fact is clearer when a reference is made net profit margins after the exceptional adjustments; the increase in net margin is by huge 5.54%. Also the Chairman’s Statement makes the issue of profitability absolutely clear when it states that, â€Å"the progress made in underlying profitability is actually much greater than the headline figures suggest, due to di storting effects of Balmorals disposals completed in January 2006.† As

Car Manufacturing and Costing Systems Essay Example | Topics and Well Written Essays - 750 words

Car Manufacturing and Costing Systems - Essay Example Meanwhile, by 1939, the UK car manufacturing Industries have reached to the extent where they seconded the United State worldwide in terms of manufacturing car, as there were 20 Independent car manufacturing companies based in UK. Additionally, according to Stephen King (2005) that "BEFORE THE Second World War, there were hundreds of UK car companies. Had you wanted to buy a car, you could have opted, in the 1930s, for an elegant Alvis. Going back a bit further, you might have preferred the rather underrated, yet classy, Albion. Now, with the administrators called in to sort out MG Rover, it looks increasingly likely that you will no longer be able to 'Buy British' at all unless you're heading for the niche world of Morgan or for self-employment as a taxi driver". The costing system that was used in most manufacturing companies in the 1930s was the volume based costing system. This therefore implies that this costing system must have been employed in the car manufacturing process in the United Kingdom during this period. A volume-based costing system is a costing system that assigns overheads to products based on the output level achieved. (Blocher et al, 2005). Overhead or indirect costs are arbitrarily assigned to products based on either labour or machine hours rather than based on the product's demand for activities and thus resources. (Blocher et al). A vA volume based costing system allocates costs to products using arbitrary methods such as direct labour hours. These systems have proven to be appropriate when manufacturing systems used to be labour intensive, when labour used to be the principal value-adding activity in the raw material conversion process. (Cooper and Kaplan, 1992). However, with the advent of sophisticated technological developments and automation of manufacturing processes, direct labour is no longer directly working in the conversion of materials to products. Instead labour is simply engaged in setting up machines and supervising production activities (Kaplan and Cooper, 1992). Under the volume based costing system products that are manufactured in low quantities tend to incur more costs than those that are produced in large batches. The costs incurred per unit on these low-volume products are usually higher than that for the high-volume products. (Kaplan and Cooper, 1992). Therefore, when a volume based costing system is used to allocate overhead costs to products both low- and high-volume products are allocated equal amounts of costs. (Kaplan and Cooper, 1992). Activity based costing (ABC) a cost accounting system that recognizes the fact that costs are incurred by each activity that takes place within the organization and that products (or customers) should bear costs in proportion to their demand for activities (Owe and Law, 1999) is the costing system that was used in the UK car manufacturing industry in the year 2000. This is so because car manufacturing in the year 2000 became computerised and the role of labour in manufacturing was mainly supervisory. Apportioning overheads using labour or machine hours while appropriate in the 1930s could not be appropriate in 2000. ABC was proposed by Professor Johnson

Financial Intermediaries and The Euro Markets Essay

Financial Intermediaries and The Euro Markets - Essay Example According to the research findings the financial environment therefore directly or indirectly influence the financial system of any country. Thus the need for financial intermediaries to act as the middlemen in this transactions is important. Therefore for investors to get profit and the lenders to be able to give away money to borrowers the need for financial markets are vital. Financial intermediaries can be defined as an institution that acts as the middlemen between the investors and the firms. These financial institutions include chartered banks, insurance companies, investment dealers, mutual funds, and pension funds. Liquidity has been the basis of these kind of transactions between the parties either the borrowers or the investors. It can be defined as the ease with which a given asset can be changed into cash or by getting access to credit. Thus the main concept of liquidity is to obtain cash. Liquidity is often determined by two factors that measure how easy it is to change it into cash or make it possible for borrowers to obtain the cash. The policy interest rates and the structure of the interest rates paid by the borrowers are often the indicators of liquidity. These rates often influence one either to be motivated to borrow or leave the money with the banks. Most of the world banks are involved in market liquidity which is the rate at which a borrower is able to quickly buy or sell the financial assets at a given time without changing the market price. (Francis 2008). In the new world there are financial institutions that stand in between parties in any kind of transaction that involve cash. Thus Financial Intermediaries are firms that buy or borrow from consumers or savers and later lend these services or would be cash to other companies or persons that might need resources for investment. Therefore there are different kinds of investments. The insurance policies, buying of stocks, bonds, government treasuries, and mutual funds. All these investm ents either involve the public investor or the government and the company. Investments that involve a company or the government selling to the public are easily convertible to cash since the purpose of the public is to get cash for their daily living. Moreover, the investments by the government are more liquid than those in the company (Levine 1993). Mutual funds can easily be changed to cash than all the others while the others. Insurance policies since they are the contract or an agreement between the insurer and the insured are difficult to change into cash since one can only pay the amount after a certain incident happens that is often unkown when it will occur. The the government treasuries and mutual funds are just agreements that do not involve cash and thus take time to be converted to cash and the remaining are easily converted in this order: Stocks, and bonds. Therefore in the order of their liquidity they would be: mutual funds as the most liquid asset, then the governmen t treasuries, bonds, stock, and then the insurance pilies as the least liquid asset. Conclusion Financial intermediaries therefore play a vital role in the national economy of any country. In most economies people with more money save them in banks that makes it possible for those with little money to borrow so that they would be able to use them either to run a business or other functions depending on their need. Thus a financial institution such as banks facilitate the flow of funds from savers to borrowers. The financial institutions profit from the spread between the amount they pay for funds and the

IT Career Comparison Research Paper Example | Topics and Well Written Essays - 500 words

IT Career Comparison - Research Paper Example Having studied the criteria to evaluate the sources, we shall apply this in evaluating the different sources of information available on websites which advertise for jobs and compare three different careers. In terms of salary, the range of salaries for graphic designers varies from $32000 to $55000 per annum. On the other hand, salaries for computer support specialists range from $40000 to $48000. The post of Information Security Engineer is stated to be drawing the maximum salary out of the three which ranges from $80000 to $140000. In terms of education, Information Security Engineers need to have a bachelors degree (preferably in computer science) with other certifications related to computer networking and information security. For graphic designers, in some cases, a bachelor’s degree in Fine Arts is required with majors in graphic designing. However, for some posts, a bachelor’s degree in some other field may also be acceptable with graphic designing qualifications. Due to differences in the nature of jobs for Computer Support Specialists, there are also differences in the educational requirements. Some employers prefer the candidates to have a bachelor’s degree in computer science or computer engineering, whereas, some others may only require an associate’s degree with qualification related to computer support. In some cases, the employers also require specialized courses beyond the bachelor’s degree. In terms of travel, all the listed jobs for three fields do not offer any provisions for travel. This indicates that the job is mainly in-house and does not require the person to spend much time out of office. When it comes to work hours, graphic designers follow a fairly regular work schedule with normal office timings. However, occasionally, they may be required to work long hours to meet a deadline. For computer specialists, the hours depend solely on the nature of work. In some cases, the professionals may be required to work in