Law & modern corporation in international context - seen exam essay Qs

Law & modern corporation in international context - seen exam Qs - Essay Example Such individuals are permitted to bring action against their victimisation. This Act covers agency staff, contractors, trainees, homeworkers and workers. However, it does not cover partners and members of limited liability partnerships. The PIDA modified the ERA, which legally protected workers from detriment resulting from revealing information about crimes, legal obligation violations, dangers to health and safety, and miscarriage of justice. In this context, dismissal of an employee is deemed unfair dismissal and not detriment. Such protection does not require completion of a specific period of employment. The requirements are; to act in good faith, to be convinced that the allegation is true, and presence of reasonable grounds to believe in the veracity of the information disclosed. Moreover, this Act describes whistleblowing as the disclosure of information regarding previous, current or perceived misconduct that has to be addressed with respect to criminal offence, noncompliance with legal obligations, miscarriages of justice, danger to the health and safety of any person, harm to the environment, or attempts to conceal any of these. The confidentiality or gagging clauses, in employment contracts or severance agreements that conflict with the PIDA are void. PIDA protection can apply even to those governed by the Official Secrets Act. As such, disclosures are protected by the law, only if they are made to the appropriate entity and in the prescribed manner. The law protects an employee who makes a qualified disclosure to his employer in good faith, or via the authorised procedures of the employer. Moreover, the employee can complain to the person responsible for employee’s area or work. Moreover, Section 43G of the ERA permits workers to make protected disclosures under certain circumstances. Such protection is accorded if the workers act in good faith. They reasonably believe that

Common Law of Landlord and Tenant Part I and Part II Essay

Common Law of Landlord and Tenant Part I and Part II - Essay Example The general expressed terms include provisions, such as the tenant will give up possession to the landlord when the lease expires, the landlord is entitled to re-entry in case a tenant does not give rental fee and the tenant has to renovate and ensure the property in good condition. The common law terms apply in case such express terms and statutory restrains are absent. In case an issue arises between the two parties, the court generally looks at the leasing agreement express terms. It is usually up to the common law to fill the gaps about the indirect provisions of a completed lease outside the legislative requirements, which govern the two parties. The Landlord has to include responsibilities within a leasing agreement and the terms are implied the property satisfies the business efficacy test (Liverpool City Council v Irwin 1977) Question 2 David has a license. The Residential Tenancies Act WA (1987) protects anyone who has a residential tenancy agreement and David would have had tenancy if he had not agreed to the written agreement of â€Å"license to occupy† from Gerald. ... The main variation between a tenant and a licensee lies in the fact that a tenant is exclusively entitled to reside in a premise whereas the licensee lacks. For instance, in the present case, David does not have exclusive rights to occupy the premises. Gerald has the right to move David’s business, he does not even have to give notice, and he can even evict him with a short period notice. Tenants have the rights as stipulated by the Residential Tenancies Act and from the Act tenants have greater legal rights than licensees. Question 3 Harold holds a tenancy of the unit. A tenancy is an implied or express (verbal or written) agreement, in which an individual (a property owner) grants to another personal for important consideration (for instance rent) the occupation right, whether absolutely or not or any part of the residential premises, or any residential premises, for the intention of residence. Ivan has granted Harold the right to occupy his property for a valuable considera tion –a license fee of ?100 a month. The Residential Tenancies Act section 6 on landlord duties in condition of premises allow Ivan to enter the unit to maintain the premises before it’s occupied by Harold. Nonetheless, the fact that Ivan’s employees enter the unit at any time to maintain equipment interferes with Harold enjoyment of the premises. The Residential Tenancies Act clearly states that a tenant has a right to undisturbed satisfaction of the property without the landlord’s or another person working for the landlord obstruction. The landlord should not cause any obstruction with the practical privacy or peace of the tenant while the tenant is using the premises. Ivan is supposed to give

Personal Statement on Education Essay Example | Topics and Well Written Essays - 750 words

Personal Statement on Education - Essay Example One of the most important lessons I learned during my educational years is the integration of practical and theoretical knowledge. With this kind of perspective, I managed to intertwine learning and development of my character. As Martin Luther King suggests, the goal of true education is the combination of intelligence and character. Intelligence is our ability to gain knowledge and to learn the theoretical information given through school. Character is our personal attitude, perspective, behavior, especially towards other people. It is the way we interact and communicate with other people, whether face to face or not. I agree with King’s perspective about true education. Education is not merely about the theories or knowledge we gain from studying. The intelligence that we develop through our years in school must be combined with the character we developed through the years, as well. For me, education is not merely about learning the theoretical information offered by our pr ofessors and the books we are reading. It is the foundation of learning and personal development. It is not merely memorizing or stocking information in our minds, rather, it is supposed to be our guide in being able to think intensively, critically and creatively. That is the reason colleges do not spoonfeed information, rather, our mentors find ways to force us to think intensively, such as in essay exams, oral exams or even just the finals. Because of our schooling, our formal education, we become equipped not only with knowledge but also a critical way of thinking, which is more essential in facing the hard reality of life once we leave school. We should always remember that it is not always knowledge that will be the basis of our success, rather it is the way we use this knowledge. And so, I strongly agree with King that the goal of true education is the combination of intelligence and character. What is the use of intelligence when we don’t have the right character or a ttitude in life. Thus, this points to what true education is. It is essentially how we put into practice what we have learned through our formal education. It is to strengthen our character based on what we learned and believe in through everything we have gathered through our formal education. That is what true education should bring, not merely information but intelligence and character into one. I realized this even more when I was put in a place wherein I need to practice critical thinking, which is practically what I have been doing in school. It was a choice of what school to go into. I need to determine the pros and cons of leaving one school for the other. The decision I made was not just because of what I know about the school, rather it was about what I believe in. It was more about how I think the school will help me in developing not only my knowledge about things but also my character.  

Case Study of Target Company Example | Topics and Well Written Essays - 1500 words

Of Target Company - Case Study Example In the evaluation of the cash dimensions, attempt is made to identify and determine whether the reported earnings are supported by the cash flow. For instance, cash flow would holdup incomes for a firm that has provided its clients with prolonged payment agreements or that has accrued inventory in expectation of augmented future sales. Such lagging cash flow would blight earnings quality on the cash dimension. The balance sheet plays a very vital document in assessing the quality of earnings of a firm. The term position quality is commonly referred to the balance sheet when used to calculate the quality of earnings. The position quality is impaired if the assets of the firm are carried at amounts that surpass the fair value or when obligations are carried at amount less than that required to liquidate them (Lewis & Indiana University, Bloomington, 2007). Quality of earnings analysis is, therefore, an essential characteristic of the assessment process is obtaining a clear comprehension of the targets quality of earnings. An evaluation of the quality and sustainability of incomes should be carried out early. Evaluations enable an earlier encouragement or a dissuasion conclusion and certify that baseline assessment methods are rational and impregnable in the determination of pricing and other deal terms. Comprehending the sustainability of earnings and how that influences on business deal value and forecast modeling is vital to sail across the exceptional features of any deal. The intension of this summary information on discrete companies hence is to enable more emphasis and consideration on one or more dimensions of quality of earnings. For instance, might pinpoint non-recurring additions that thought to have reduced the companys incomes on the persistence approach. Alternatively, lessening cash flow may be the objective, impairing q uality of earnings on the cash aspect. Finally, for some firms might look at the balance

'Can managers influence the culture of their organizations Discuss Essay

'Can managers influence the culture of their organizations Discuss with reference to at least one example.' - Essay Example Organisational culture can be a source of competitive advantage for a company. Leadership style is one the determinants of organisational culture and it can influence various dimensions of organisational culture. Managers, executives, board of directors and the people who can lead the organisations to achieve the set directions are the leaders and they have potential to influence the culture of organisations. The aim of this essay is to determine whether managers influence the culture of organisations or not, if yes, then how? Early researchers have always been interested to determine the role of managers in organisations. Most of them have studied the impact of organisational culture on effectiveness of managers. Ghiat and Willey conducted a study in which they explored the ineffectiveness of organisations in Algeria as a result of influence of personalities and styles of managers. Their findings depict that effectiveness of managers is determined by the local culture in which organ isation is set (Davies, 1989, pp.26). The competition among the businesses and organisations is increasing and today leaders appear to the major assets for organisations which have the potential to influence the organisations. ... managers) are responsible to shape the culture (Ambler, 2009). It is the influence of the managers on the organisational culture, which makes them the change agents in organisations. Managers face the challenge to determine the most effective culture for organisations and how to effectively change the culture (Baker, 2002). Baker argues that it is the responsibility of managers to ensure the existing culture of organisation relevant to present and future while ensuring some continuity with the past. The example of WMATA shows the importance of a manager in an organisation and what problems an organisation can face when a manager fails to support the organisational culture. Governor of WMATA Board, O’Malley has announced that WMATA is planning to keep Richard Sarles as an interim General Manager/Chief Executive Officer of company rather than permanent GM (Alpert, 2011). Actually the company has been facing cultural issues such as administrative structure of organisation has bec ome very strict, departments do not communicate with each other, skilled change agents are lacking the ability to achieve important tasks and employee turnover has increased. Sarles is the General Manager of company and he has been more involved in making relations with local officials and bodies and he has also launched a track progress report system however, he has been unable to solve the issues which company is facing. Moreover, the culture of company has been transformed into a secretive culture with poor relationships with press. Therefore, company is considering Sarles as an interim manager for a few years because he is already at retirements and company

Political Systems in U.K and U.S Essay Example for Free

Political Systems in U.K and U.S Essay What are the similarities and differences between the political systems in U. K and U. S? When the U. S. Constitution was being drafted, its writers had the British Parliamentary system to base on. The British system was the system they were used to and had learnt since childhood. However, because the monarchy was one of the main things that the former colonists had rebelled against, any form of monarchy and most forms of concentrated power were avoided. The most fundamental difference between the political system in the U. K and the U. S is the constitution. The United States has a written constitution which is very difficult to change. The UK does not have a single document called the constitution but instead its constitutional provisions are scattered over various Acts of Parliament, any of which can be changed by a simple majority in the Parliament. Similarities Both the U. S. and British political systems have a head of state, a court system and an upper and lower house. The U. S political system has a constitution which lays out the rules for government and the rights of the people, however, the U. K has documents with constitutional provisions which lay out the same rules. Both systems are democratic in nature, as governments are put in place and removed from power by the will of the people and both have systems of checks and balances to limit the power of any one branch. Head of State In the U. S. political system, the president is the official head of state. The president is elected under the electoral college system. In the U. K. , although the prime minister usually has the spotlight on political matters and is the official head of government, the queen or king is the official head of state. The queen officially signs off on acts of parliament and, just as the U. S. president delivers the State of the Union Address every year, the queen reads the Speech from the Throne, which is written by the prime minister. In U. K, the monarch is more of a ceremonial figurehead and it is unusual for any member of the royal family to directly interfere with the political process. The Upper House The United States has a Senate as the upper house of the legislative branch and the U. K. has the House of Lords. Under the U. S. ystem, each state, regardless of size, has two senators. Originally, senators were appointed by the governor of the state they represented but they are now elected to serve six-year terms. The House of Lords is very different. Members of the House of Lords are not elected. The 792 members of the House of Lords are members by inheritance, appointment or their rank in the Church of England; they are not elected and cannot be removed by vote. This part of the political system in the U. K is not democratic. Otherwise the House of Lords serve the same purpose as the U. S. Senate. They discuss, debate and vote on legislation passed by the lower house of the legislative branch. The Lower House The U. S. House of Representatives and the British House of Commons have a great deal in common. Each house is made up of representatives elected by the people. In both systems control of the lower house goes to the party that has the most seats. Under the U. K. system, the leader of the party with the most seats becomes the Prime Minister and the official head of the government. Under the U. S. system this person would be the Speaker of the House. One other key difference is elections. Under the parliamentary system, the prime minister can go to the crown at any point and ask to dissolve Parliament. If this is done an election is called. An election can also be called if the prime minister loses the confidence of the house. This means that the prime minister lost a vote in Parliament on a matter of confidence. Matters of confidence are usually over budgetary matters. If the prime minister loses a vote of confidence, the end result is an election Other political differences. The American general election lasts almost two years, starting with the declaration of candidates for the primaries. The British general election lasts around four weeks. In the United States, no Cabinet member is allowed to be a member of the Congress because of the strict theory of the separation of the powers. In Britain, every Government Minister must be a member of one of the two Houses of Parliament and, if he or she is not already in the Parliament, he or she is made a peer. The constitutional system in the UK involves a lot of custom and practice, and much more flexibility than the US system. For example, the timing of US presidential elections is fixed. In the UK, it is essentially the Prime Ministers choice as to when elections are to be held, up to the 5 year limit. The resignation of a president in the US would have to lead either to an election or to his vice president taking up the office. In the UK, the resignation of a prime minister will lead to the party choosing a new leader, but there is no technically requiring this, the Queen is technically free to choose whoever she wishes.

Boy in the Striped Pyjamas Essay Example for Free

Boy in the Striped Pyjamas Essay The Boy in the Striped Pyjamas presents ideas about World War 2 and the holocaust. The movie shows what fear and Punishment and the innocence of childhood would have been like during WW2 and the holocaust. During World War 2 and the holocaust, fear within the Jewish race was created by the soldiers. Soldiers had the power and right to abuse and attack the Jewish people â€Å"when it pleased them. † Under Hitler, the soldiers had the next amount of ultimate power and used it to their advantage to pressure the Jewish people under the influence that if they misbehave they will be punished. In the movie ‘The Boy in the Striped Pyjamas’ this fear is seen when Lieutenant Kotler walks into the dining room and sees Schmuel eating a pastry and Bruno talking to him. The Lieutenant is shot from a low camera angle to show his power and strength. Schmuel and Brunos eyes widen and jagged breaths escape from their mouths as the soldier interrogates them with his strong, stern voice about the pastry and the talking that was occurring, Because of the fear with which the lieutenant filled the boys, Bruno lies to Lieutenant Kotler because he is afraid of what will happen. He betrays his only friend and Schmuel is the one who gets the beating for it. Fear is also shown in the film when Bruno’s mother discovers the true information of what it happening a few hundred metres from her home. She confronts her husband and is stricken with fear for what is happening to the Jewish race, she cowers in the corner in a foetal position as her husband come close to support her and explain himself. The camera is above her, which show how small and insignificant she is and how large and fearful her husband can be. The fear created and explored in the movie The Boy in the Striped Pyjamas displays what it would have been like for the Jewish race during World War 2 and the Holocaust. The holocaust and World War 2 was a time of punishment and pain for the Jewish race. The Jewish race was punished for not fitting into Hitler’s idea of a â€Å"perfect race. † Punishment wasn’t just for those who did something wrong. A Jew could be punished for looking at a guard the wrong way or making a small error that would be considered insignificant in any other situation. Punishments could vary from a beating, to a bashing to the death chamber. In the movie ‘The Boy in the Striped Pyjamas’ punishment on a Jew is seen when Lieutenant Kotler bumps the servant Pavel while he is pouring red wine. It’s not Pavel’s fault but because he is Jewish he is be blamed for the soldier’s mistakes. The Lieutenant drags the servant into the hall way and begins to bash him while the family are in the next room eating in silence, listening to the punishment that Pavel is enduring. Another Example of Punishment in ‘The Boy in the Striped Pyjamas’ is when Lieutenant Kotler find Schmuel and Bruno talking in the dining room. The Lieutenant see’s Schmuel eating a pastry a questions the boys. When he finds Schmuel ‘guilty’ of stealing food he is taken away. The next day when Bruno goes on his adventure to the camp the audience can see that Schmuel has been punished for his actions. Schmuel is shown to have had a beating and as a result he has a swollen eye with cuts and bruises all over his body. The Punishment that seen throughout â€Å"The Boy in the Striped Pyjamas† displays what it would have been like during the holocaust and World War 2 for the Jewish race. During World War 2 and the Holocaust children were put through a living nightmare, being exposed to killings, torture and punishment for something unknown to their innocent minds. Children were not in the know, being put through a hell of a time and not being able to understand how they are different to their best friends of another race. The Innocence of a childhood is displayed in the ‘Boy in the Striped Pyjamas’ when the commandant and his soldiers are in the office watching the propaganda film created to persuade and demonstrate to the rest of the world that they are treating Jews with ‘excellent’ living conditions and an ‘average’ and ‘happy’ lifestyle. When Bruno peeks in on the propaganda film, he is placed under the belief that where his friend Schmuel is living is a happy place with play areas, a cafe with excellent food and time is lost with all the ‘fun and games’ that they provide. When Bruno makes the decision to cross the electric fence and help his friend Schmuel who has lost his father, he discovers that the film he watched was actually a lie and doesn’t understand why everyone is so sad and the area is constantly monitored by armed soldiers. Bruno is unaware of the situation and becomes scared and wishes to go home. In this time he discovers that everything he saw in the movie is a lie, the cafe, the play areas, the giggling children. Within â€Å"The Boy in the Striped Pyjamas† the innocence of a childhood is displayed by the propaganda film which inflicts the belief of a lie onto an innocent child who doesn’t understand the ways of the real world and his surroundings, this demonstrates how a childhood was influenced by lies during the Holocaust and World War 2. The movie â€Å"The Boy in the Striped Pyjamas† displays the previous ideas of how fear, punishment and the innocence of a childhood creates a scene which demonstrate what World War 2 and the Holocaust would have been like for The Jewish race, soldiers, innocent children and the surrounding onlookers to the War that was taking place.