Internal Management Essay Example for Free

Internal Management Essay 1.0 Introduction I am a second year student of Applied Languages and Information Technology. I have been assigned an Internal Management Report on the recruitment, selection and induction training methods of a company. I have chosen Hertz International Reservations Call Centre in Swords, Co. Dublin as I recently completed a week on work placement there. While on work placement there, I learnt about how the call centre operates and the selection and training procedures. In my assignment I will give a report on my findings. 2.0 Recruitment Methods in Hertz The main part of recruitment in Hertz is done through recruitment agencies. The agency in which Hertz use is Richmond Recruitment. The other means of recruitment is by accessing applications on file. These present application forms may be postal CVs, emailed CVs or Internet applications. Applications can be made directly to Hertz on their website at www.hertz.com or www.hertz.co.uk. From time to time newspapers are also used as a way to recruit staff. Internal recruitment, i.e. positions for Team Leaders/Market managers is also popular within Hertz call centre. 3.0 Selection Methods 3.1 Curriculum Vitaes All CVs which are received by Hertz are screened by the recruitment team and/or Team Leaders. The qualities and competencies in which they look for in a CV are: * Customer service skills and experience, including an ability to work well with the public and an ability to adopt a customer perspective. * Technical skills, including proficiency with computers, systems and keyboarding skills. * Strong verbal communication skills, including good voice quality, diction and articulation. 3.2 Interviews After the process of the selection and elimination of CVs, the unsuccessful applicants are sent a letter within weeks. The agencies are also notified. The accepted candidates are notified with a date and time of interview. There are usually two interviews given. The recruitment team does the first interview although depending on the position and CV. The second is performed by a Team leader/Manager with a recruitment panel. The same questions are asked of all candidates (so that valid comparisons can be made). The interviewer emphasises the demands of the job e.g. shift hours, weekend work etc. It is then up to the candidate to decide whether they can commit to the job or not. Education, why Hertz appeals, greatest achievements are just some of the questions which are asked in the interview. If the candidate is good, the interviewer asks about notice period, holidays booked, if a work permit is required and salary expectations. The candidate is then asked if they have any questions, the contract conditions are explained and they are thanked for attending the interview. Notes are taken by the interviewer to help asses candidates more effectively after the interview. They also help to communicate to human resources department and other managers. They clearly state the outcome of the interview and an offer/rejection is then made. 3.3 The interview assessment At the end of a panel interview, each member of the panel compares the attributes of the candidate against the criteria laid down in the job description. This type of analysis helps ensure objectivity and enables the reason for selection/non-selection to be identified. After the 2nd interview, references are carried out prior to offer. The recruitment team then offers the position, and a contract is sent to the successful candidate. When the contract is returned, an employee file is set up. 4.0 Induction 4.1 Customer Service Training On the issue and acknowledgement of a position offered, Hertz Swords, notifies the employee of the commencement of their position. All new employees must complete a four to six week intensive training course. (Depending on hours of training per day). This begins from day one. A timetable is issued to each employee to show the programme of Induction training. On the first day photographs are taken for access cards which are needed to enter and exit the building and to eat lunch. The new employees are then introduced to trainers and each other. A presentation on the history of Hertz and overview of the company is then given. Health and safety, HR and payroll are explained followed by a tour of the building, customer services and fire safety. Coffee breaks and lunch are timetabled in between. Staff handbooks are given out which includes many important issues on being an employee at Hertz. It provides the employee on important information such as canteen facilities, computers, discipline procedures, drug policy, security, absence, equal opportunities, bullying sexual harassment and more. During week one of training the employee is given the opportunity to become familiar and relaxed within Hertz. Week two of training consists of shadowing calls. This is done by sitting with a Team leader or customer service agent and listening in on their incoming and outbound calls. This is taken place in the market language of the position of the trainee. The purpose of this is to give the employee an insight into what their job initials. The trainees see how the agent enters the information into the computer. In week three and four the trainee is then thought how the system is used which is Escalibre. Country, city and airport codes are learned. There are also codes for the car type. Each car has four codes. Each position in the four-character vehicle code represents a definable characteristic of the vehicle. They are given a list on the imput codes and must learn them off. The trainee is also trained in sales, i.e. how to sell a car reservation and how to take a call. Here are some guidelines in which they are trained to follow: * Try to answer the telephone promptly * Greet the caller with a clear, cheerful voice * Identify yourself * Listen closely and offer assistance. * Act with speed and courtesy * Offer our customer a satisfactory conclusion to his/her call. * Create a good image of Hertz They are trained as to how to deal with an angry caller: * Firstly, dont take the problem personally * Stay calm and listen! * Be patient. * Avoid interrupting until the caller has let off steam. * Avoid being rude yourself * Use careful questioning to sort out the problem * Offer positive assistance where possible. * If you are unable to deal effectively with the problem, make sure you pass the call on to someone who can. * Never make false promises to get rid of the problem Further training in week four consists of make mock calls i.e. practising with other trainees, reversing roles as the customer service agent and customer. Customers name is always Mr. Test! Additional training is given on the special offers, Hertz # 1 club gold card, Le swap magique and other packages. The trainee is thought about the benefits and terms and conditions, which must be explained to the customers. After the four weeks of training the new employee is ready to start their new position. Further on the job training is given during the duration of their new employment. 4.2 Prevention of strain/injury Training must follow legal compliance. Without training agents are exposed to significantly increased risk of aches, pains, stress and debilitating injury. Information alone is very rarely effective as staff tend to dismiss it. Staff need to understand how to make the most of their workstation (chair, desk and equipment), how to take responsibility for their own comfort and safety and what to do if problems arise. Managers and IT personnel need to be familiar with policy of workplace and equipment and safety to ensure planning and maintenance are correct. 5.0 Conclusions/Recommendations I feel Hertz International Call Centre in Swords has a very up to date and efficient Recruitment, Selection and Training procedure. The interviews are intense by non-discriminatory. The selection procedure is justly as it is essential for the company to choose the right candidate suitable for the position. The internal recruitment is also very successful as it gives the current staff of Hertz to progress within the company. Their training is very skilful and intense. The on-going training within the company is very successful and professional. I feel Hertz benefits from the procedures in which they have in place for the recruitment, selection and training of staff. 6.0 Bibliography I would like to thank all the staff working in Hertz. Without them this report would not be possible. I received most of my knowledge and information on the company from them. I would also like to thank my auntie Ann for sitting down to talk to me about her work in Hertz.

Green Marketing In India: Importance and Challenges

Green Marketing In India: Importance and Challenges This paper explains the concept, importance, challenges of green marketing. It also includes some green marketing cases and its future in India. Green marketing is a new concept which has developed particular importance in the modern market. Green marketing is the marketing of products that are presumed to be environmentally safe. Other similar terms used are Environmental Marketing and Ecological Marketing. Firms may choose to green their systems, policies products due to economic and non- economic pressures from their consumers; business partners, regulators, citizen groups other stakeholders. Indian literate and urban consumer is getting more aware about the merits of green products. As a result of this businesses have increased their rate of targeting consumers who are concerned about the environment. 1. Introduction Environmental issues have gained importance in business as well as in public life through out the world. It is not like that a few leaders of different countries or few big renowned business houses are concerned about the day to day deterioration of oxygen level in our atmosphere but every common citizen of our country and the world is concerned about this common threat of global warming. So in this scenario of global concern, corporate houses has taken green-marketing as a part of their strategy to promote products by employing environmental claims either about their attributes or about the systems, policies and processes of the firms that manufacture or sell them. Clearly green marketing is part and parcel of over all corporate strategy; along with manipulating the traditional marketing mix (product, price, promotion and place), it require an understanding of public policy process. So we can say green marketing covers a broad range of activities. 1.1 What is Green Marketing? Green or Environmental Marketing consists of all activities designed to generate and facilitate any exchanges intended to satisfy human needs or wants, such that the satisfaction of these needs and wants occurs, with minimal detrimental impact on the natural environment. According to the American Marketing Association, green marketing is the marketing of products that are presumed to be environmentally safe. Thus green marketing incorporates a broad range of activities, including product modification, changes to the production process, packaging changes, as well as modifying advertising. Other similar terms used are Environmental Marketing and Ecological Marketing. Firms use green marketing in an attempt to address cost or profit related issues. In implementing green marketing, consumers, corporate and the government play a very important role. But there are few constraints in implementing it like lack of consumer awareness, financial constraints, limited scientific knowledge, lack of stringent rules and competitive pressures. Green marketing involves developing and promoting products and Services that satisfy your customer wants and needs for quality, performance, affordable pricing and convenience without having a detrimental impact on the environment 2. Four Ps of Green Marketing Product A firm needs to develop environmentally safe products to have more impact on consumers than competitors. For this, it needs to identify customers environmental needs and develop products to address these needs. Price Usually environmental benefit is an added bonus but will often be the deciding factor between products of equal value and quality. Most customers will only be prepared to pay a premium if there is a perception of additional product value. Place Green products, in most cases, positioned broadly in the market place but very few customers will go out of their way to buy green products merely for the sake of it. For this, In-store promotions and visually appealing displays or using recycled materials to emphasize the environmental and other benefits. Promotion Promotion includes paid advertising, public relations, sales promotions, direct marketing and on-site promotions. Green marketers will be able to reinforce environmental credibility by using sustainable marketing and communications tools and practices. 3. Why do firms go green? Firms may choose to green their systems, policies and products due to economic and noneconomic pressures from their consumers, business partners, regulators, citizen groups and other stakeholders(non market environment).Some other reasons may includes: Some scholar claim that Green policies/products are profitable: Green policies can reduce costs; green firms can shape future regulations and reap first mover advantage. Now a days firms are becoming more concerned about their social responsibilities (S.R). They have taken S.R as a good strategic move to build up an image in the heart of consumers. Even the socially responsible firms are getting leverage, whenever they intend to enter into foreign countries. There are example of firms like ITC, HLL (Surf excel) who are heavily promoting them as an environmentally concerned firms, where as there is example of firms who are working in this direction in a silence manner like Coca-Cola, who have invested crores of money in various recycling activities, as well as having modified their packaging to minimize its environmental impact. While being concerned about the environment coke has not use their concern as a marketing tool. Another big organization who is also working in this field without claiming any credit is Walt Disney World (WDW). So we can see that firms in this situation have taken two perspectives: They are using green marketing as marketing tool. They are working in this field without promoting the fact. Change in customers attitude: With increasing concern about environment, consumers attitude towards firms having green policies or green products are becoming motivating factor. Governmental pressure: In all most all civilized countries Govt. has the law to protect the consumers and the environment from the harmful goods or by products and ensure through law that all types of consumers have the ability to evaluate the environmental composition of goods. Govt. established several regulations to control the hazardous waste produced by firms and many by-products of production are controlled through the issuing of various environmental licenses, thus shaping the behavior of organization towards more socially responsible one. Competitive pressure: Competition is the integral part of business; and you cannot over look any competitive action taken by your competitor. So to be in the market you have to have a vigil over your competitors move for marketing its products. Some firms have taken green-marketing as a strategy to build up its image rather than inculcate it as a part of the policy and work silence. In some instances this competitive pressure has caused an entire industry to modify and thus reduce its detrimental environmental behavior. Cost or profit issue:Firms may also use green marketing in an attempt to address cost or profit related issues. Disposing of environmentally harmful byproducts, such as polychlorinated biphenyl (PCB) contaminated oil are becoming increasingly costly and in some cases difficult. Therefore firms that can reduce harmful wastes may incur substantial cost savings. When attempting to minimize waste, firms are often forced to re-examine their production processes. In these cases they often develop more effective production processes that not only reduce waste, but reduce the need for some raw materials. This serves as a double cost savings, since both waste and raw material are reduced. In other cases firms attempt to find end of pipe solutions, instead of minimizing waste. In these situations firms try to find markets or uses for their waste materials, where one firms waste becomes another firms input of production. One Australian example of this is a firm who produces acidic waste water as a by-product of production and sells it to a firm involved in neutralizing base materials. 4. Challenges of Green Marketing Need for Standardization It is found that only 5% of the marketing messages from â€Å"Green† campaigns are entirely true and there is a lack of standardization to authenticate these claims. There is no standardization to authenticate these claims. There is no standardization currently in place to certify a product as organic. Unless some regulatory bodies are involved in providing the certifications there will not be any verifiable means. A standard quality control board needs to be in place for such labeling and licensing. New Concept Indian literate and urban consumer is getting more aware about the merits of Green products. But it is still a new concept for the masses. The consumer needs to be educated and made aware of the environmental threats. The new green movements need to reach the masses and that will take a lot of time and effort. By Indias ayurvedic heritage, Indian consumers do appreciate the importance of using natural and herbal beauty products. Indian consumer is exposed to healthy living lifestyles such as yoga and natural food consumption. In those aspects the consumer is already aware and will be inclined to accept the green products. Patience and Perseverance The investors and corporate need to view the environment as a major long-term investment opportunity, the marketers need to look at the long-term benefits from this new green movement. It will require a lot of patience and no immediate results. Since it is a new concept and idea, it will have its own acceptance period. Avoiding Green Myopia The first rule of green marketing is focusing on customer benefits i.e. the primary reason why consumers buy certain products in the first place. Do this right, and motivate consumers to switch brands or even pay a premium for the greener alternative. It is not going to help if a product is developed which is absolutely green in various aspects but does not pass the customer satisfaction criteria. This will lead to green myopia. Also if the green products are priced very high then again it will lose its market acceptability. 5. Golden Rules of Green Marketing Know youre Customer: Make sure that the consumer is aware of and concerned about the issues that your product attempts to address, (Whirlpool learned the hard way that consumers wouldnt pay a premium for a CFC-free refrigerator because consumers dint know what CFCs were.). Educating your customers: Isnt just a matter of letting people know youre doing whatever youre doing to protect the environment, but also a matter of letting them know why it matters. Otherwise, for a significant portion of your target market, its a case of So what? and your green marketing campaign goes nowhere. Being Genuine Transparent: Means that a) you are actually doing what you claim to be doing in your green marketing campaign and b) the rest of your business policies are consistent with whatever you are doing thats environmentally friendly. Both these conditions have to be met for your business to establish the kind of environmental credentials that will allow a green marketing campaign to succeed Reassure the Buyer: Consumers must be made to believe that the product performs the job its supposed to do-they wont forego product quality in the name of the environment. Consider Your Pricing: If youre charging a premium for your product-and many environmentally preferable products cost more due to economies of scale and use of higher-quality ingredients-make sure those consumers can afford the premium and feel its worth it. Giving your customers an opportunity to participate: Means personalizing the benefits of your environmentally friendly actions, normally through letting the customer take part in positive environmental action Thus leading brands should recognize that consumerexpectations have changed:It is not enough for acompany to green its products; consumers expect theproducts that they purchase pocket friendly and also tohelp reduce the environmental impact in their own livestoo. 6. Green Marketing Cases Interestingly, green marketing continues to be an issue of global interest. In fact, Google Trends reports that, on a relative basis, more searches for â€Å"green marketing† originated from India than from any other country Many companies are adopting green for capturing market opportunity of green marketing. Some cases are: CASE 1: Best Green IT Project: State Bank ofIndia: Green [emailprotected] By using eco and power friendly equipment in its 10,000 newATMs, the banking giant has not only saved power costs andearned carbon credits, but also set the right example forothers to follow. SBI is also entered into green service known as â€Å"Green Channel Counter†. SBI is providing many services like; paper less banking, no deposit slip, no withdrawal form, no checks, no money transactions form all these transaction are done through SBI shopping ATM cards. State Bank of India turns to wind energy to reduce emissions: The State Bank of India became the first Indian bank to harness wind energy through a 15-megawatt wind farm developed by Suzlon Energy. The wind farm located in Coimbatore uses 10 Suzlon wind turbines, each with a capacity of 1.5 MW. The wind farm is spread across three states Tamil Nadu, with 4.5 MW of wind capacity; Maharashtra, with 9 MW; and Gujarat, with 1.5 MW. The wind project is the first step in the State Bank of Indias green banking program dedicated to the reduction of its carbon footprint and promotion of energy efficient processes, especially among the banks clients. CASE 2: Lead Free Paints from Kansai Nerolac Kansai Nerolac Paints Ltd. has always been committed to the welfare of society and environment and as a responsible corporate has always taken initiatives in the areas of health, education, community development and environment preservation. Kansai Nerolac has worked on removing hazardous heavy metals from their paints. The hazardous heavy metals like lead, mercury, chromium, arsenic and antimony can have adverse effects on humans. Lead in paints especially poses danger to human health where it can cause damage to Central Nervous System, kidney and reproductive system. Children are more prone to lead poisoning leading to lower intelligence levels and memory loss. CASE 3: Indias 1st Green Stadium The Thyagaraja Stadium stands tall in the quiet residential colony behind the Capitals famous INA Market. It was jointly dedicated by Union Sports Minister MS Gill and Chief Minister Sheila Dikshit. Dikshit said that the stadium is going to be the first green stadium in India, which has taken a series of steps to ensure energy conservation and this stadium has been constructed as per the green building concept with eco-friendly materials. CASE 4: Eco-friendly Rickshaws before CWG Chief minister Shiela Dikshit launched a battery operated rickshaw, â€Å"E-rick†, sponsored by a cellular services provider, to promote eco-friendly transportation in the city ahead of the Commonwealth Games. CASE 5: Wipro Green It Wipro can do for you in your quest for a sustainable tomorrow reduce costs, reduce your carbon footprints and become more efficient all while saving the environment. Wipros Green Machines (In India Only) Wipro Infotech was Indias first company to launch environment friendly computer peripherals. For the Indian market, Wipro has launched a new range of desktops and laptops called Wipro Greenware. These products are RoHS (Restriction of Hazardous Substances) compliant thus reducing e-waste in the environment. CASE 6: Phillipss Marathon CFL light bulb Philips Lightings first shot at marketing a standalone compact fluorescent light (CFL) bulb was Earth Light, at $15 each versus 75 cents for incandescent bulbs. The product had difficulty climbing out of its deep green niche. The company re-launched the product as Marathon, underscoring its new super long life positioning and promise of saving $26 in energy costs over its five-year lifetime. Finally, with the U.S. EPAs Energy Star label to add credibility as well as new sensitivity to rising utility costs and electricity shortages, sales climbed 12 percent in an otherwise flat market. 8. The Future of Green Marketing The question that remains, however, is, what is green marketings future? Business scholars have viewed it as a â€Å"fringe† topic, given that environmentalisms acceptance of limits and conservation does not mesh well with marketings traditional axioms of â€Å"give customer what they want† and â€Å"sell as much as you can†. Evidence indicates that successful green products have avoided green marketing myopia by following three important principles: Consumer Value Positioning Design environmental products to perform as well as (or better than) alternatives. Promote and deliver the consumer desired value of environmental products and target relevant consumer market segments. Broaden mainstream appeal by bundling consumer desired value into environmental products. Calibration of Consumer Knowledge Educate consumers with marketing messages that connect environmental attributes with desired consumer value. Frame environmental product attributes as â€Å"solutions† for consumer needs. Create engaging and educational internet sites about environmental products desired consumer value. Credibility of Product Claim Employ environmental product and consumer benefit claims that are specific and meaningful. Procure product endorsements or eco-certifications from trustworthy third parties and educate consumers about the meaning behind those endorsements and eco certifications. Encourage consumer evangelism via consumers social and internet communication network with compelling, interesting and entertaining information about environmental products. 9. Some Eco- friendly products in India HANDMADE PAPERS ECO WHEELS ECO-FURNITURE HANDICRAFT PRODUCTS PAPER BAGS 10. Conclusion Now this is the right time to select â€Å"Green Marketing† globally. It will come with drastic change in the world of business if all nations will make strict roles because green marketing is essential to save world from pollution. From the business point of view because a clever marketer is one who not only convinces the consumer, but also involves the consumer in marketing his product. Green marketing should not be considered as just one more approach to marketing, but has to be pursued with much greater vigor, as it has an environmental and social dimension to it. With the threat of global warming looming large, it is extremely important that green marketing becomes the norm rather than an exception or just a fad. Recycling of paper, metals, plastics, etc., in a safe and environmentally harmless manner should become much more systematized and universal. It has to become the general norm to use energy-efficient lamps and other electrical goods. Marketers also have the responsibility to make the consumers understand the need for and benefits of green products as compared to non-green ones. In green marketing, consumers are willing to pay more to maintain a cleaner and greener environment. Finally, consumers, industrial buyers and suppliers need to pressurize effects on minimize the negative effects on the environment-friendly. Green marketing assumes even more importance and relevance in developing countries like India. Live a green life and let the greenery of nature live for ever

Dismissal or Termination of Employment Contract

Dismissal or Termination of Employment Contract The dismissal or termination of an employment contract by an employer may entitle an employee to seek redress through the courts based on a finding of wrongful and/or unfair dismissal. The pertinent distinction between the two is that a claim for wrongful dismissal is essentially an allegation of breach of contract, a common law action, whilst unfair dismissal is a dismissal committed in breach of relevant statutory provisions. In defence of such an action, an employer may wish to argue that a dismissal was justified or indeed may wish to raise a defence of fair dismissal. Examination of legal authority in this highly contentious area of Employment Law will reveal the circumstances in which the dismissal of an employee may be deemed to be wrongful, fair or unfair. Dismissal in breach of contract may lead to a finding of wrongful dismissal. This may occur where an employee, without being afforded the notice, which their employment contract stipulates they are entitled to, is dismissed. In fact any dismissal which is in breach of a contract of employment may be tantamount to a wrongful dismissal and this position is neatly dealt with by Smith and Thomas:   Ã‚  Ã‚  Ã‚  if a contract is for a fixed term, or expressly stated to be terminable only in   Ã‚  Ã‚  Ã‚  certain ways, and it is terminated before the term expires or in an improper way,   Ã‚  Ã‚  Ã‚  that may be a wrongful dismissal. More typical, however, is the case where the   Ã‚  Ã‚  Ã‚  employer dismissed the employee with no or inadequate notice, or purported to   Ã‚  Ã‚  Ã‚  dismiss him for cause where the facts did not justify such action. It should be noted that the Employment Rights Act (ERA) 1996, s.86(1) applies minimum notice periods to be given by an employer in terminating a contract of an employee who has been continuously employed for one month or more. However, an employer may be liable for damages for wrongful dismissal where the contract of employment specifies a longer notice period than that laid down by ERA 1996 and the employer in reliance on the statutory provisions, serves the minimum notice. The court may nonetheless import a reasonable notice period into a contract of employment as occurred in the decision of Hill v CA Parsons Co Ltd. In this case a chartered engineer had refused to join a trade union, despite his employers request for him to do so. The employer did not wish to dismiss the employee, but had negotiated terms with the union which required employees to join the union. The employer gave one months notice of dismissal., but should have provided three months notice under the relevant statutory provision at that time. It was held by the Court of Appeal, by a majority decision, that reasonable notice in this case would have been between six and twelve months in length. In defence of an action for wrongful dismissal an employer may contend that the dismissal was justified and such a defence will succeed where, for example, the employees behaviour amounts to gross misconduct. In accordance with s.94(1) of the ERA 1996, an employee has the right not to be unfairly dismissed. However, the first hurdle for an employee to overcome in an action for unfair dismissal is that he must have been continuously employed by that employer for a period of at least one year: s.108(1), ERA 1996. The employee must also show that he has been dismissed in accordance with one of the definitions of dismissal contained within the ERA 1996. Section 95 of the Act deals with the circumstances in which an employee is dismissed. The first situation under which an employee is dismissed is where the employment contract is simply terminated by the employer, whether with or without notice: s.95(1)(a), ERA 1996. This type of dismissal is otherwise known as direct or express dismissal. Difficulties may arise in interpreting an employers words and whether or not these can be said to have amounted to a dismissal. In Tanner v Kean the words used by the employer were youre finished with me. It was held by the Employment Appeals Tribunal that the words used should not be interpreted to signify a dismissal by the employer and that the test was what a reasonable employee would understand from the words used. In fact bad language by the employer used to signify the employee leaving the work place, will not amount to a dismissal: Futty v Brekkes. In this case the words Fuck off! were held not to constitute a dismissal, but it should be noted that such words were common in the dock yard workplace in question. The next category under which an employee is deemed to be dismissed by his employer is where an employees limited term contract terminates by virtue of the limiting event without being renewed. Sections 235(2A) and (2B) provide that a limited term contract is one which is not intended to be permanent. A limiting event in a contract for a fixed term means the expiry of the term, in a contract made in contemplation of performance of a specific task means the performance of the task and in a contract which provides for termination on the occurrence of an event or the failure of an event means the occurrence of the event or the failure of the event. The third category of dismissal under s.95 of the ERA is where:   Ã‚  Ã‚  Ã‚  the employee terminates the contract under which he is employed (with or   Ã‚  Ã‚  Ã‚  without notice) in circumstances in which he is entitled to terminate it without   Ã‚  Ã‚  Ã‚  notice by reason of the employers conduct: s.95(1)(c), ERA 1996. This is otherwise known as constructive dismissal as best explained by Lord Denning MR in Western Excavating v Sharp:   Ã‚  Ã‚  Ã‚  If the employer is guilty of conduct which is a significant breach going to the   Ã‚  Ã‚  Ã‚  root of the contract of employment, or which shows the employer no longer   Ã‚  Ã‚  Ã‚  intends to be bound by one or more of the essential terms of the contract, then the   Ã‚  Ã‚  Ã‚  employee is entitled to treat himself as discharged from any further performance.   Ã‚  Ã‚  Ã‚  If he does so, then he terminates the contract by reason of the employers conduct.   Ã‚  Ã‚  Ã‚  He is constructively dismissed. Lord Denning went on to explain that the conduct of the employer must be sufficiently serious to entitle the employee to leave at once and the Court of Appeal went to great lengths to stress that the employers conduct must have amounted to a repudiatory breach of the employment contract. This will occur where, for example, the employer breaches a fundamental term implied into employment contracts, to treat the employee with trust and confidence. In Stanley Cole (Wainfleet) Ltd v J F Sherridan the behaviour of the employer was held to open the door for a constructive dismissal claim as the employer issued a final warning to the employee for conduct which was considered to be minor in nature. As explained by Gwyneth Pitt:   Ã‚  Ã‚  Ã‚  This illustrates how the standards of acceptable behaviour have risen over the   Ã‚  Ã‚  Ã‚  years, so that there is more likelihood of bad behaviour being held to destroy   Ã‚  Ã‚  Ã‚  mutual trust and confidence. It should be noted that even if an employee does not initially commence an action for constructive dismissal, where the employer commits repudiatory breaches of the contract, but remains in employment, the employee may still rely on those breaches as establishing breach of trust and confidence, at a later date: Lewis v Motor world Garages Ltd. In this case the Court of Appeal held that numerous, relatively minor repudiatory breaches could cumulatively amount to a breach of trust and confidence and that the employee could rely on earlier breaches committed by the employer, despite the employee initially having remained in employment following those breaches. It should be noted that before taking the draconian measure of dismissing an employee, an employer should follow the standard procedure set out in the Employment Act 2002, Schedule 2, Part 1. For example the employer should invite the employee to attend a meeting and must set out in writing the employees alleged misconduct which has led to the dismissal. If the employer does not follow these procedures the employee will be regarded as unfairly dismissed unless the employer can show that would have decided to dismiss the employee even if he had followed the standard procedure. Upon the employee establishing that he meets the requirements of one years continuous employment and that he has been dismissed, the burden of proof shifts to the employer to establish the reason for the dismissal and that the reason falls within one of the fair reasons for dismissal, contained within s.98, ERA 1996. The first of the reasons relating to fairness relates to the capability or qualifications of the employee: s.98(2)(a), ERA 1996. Capability means the employees capability assessed by reference to skill, aptitude, health or any other physical or mental quality (s.98(3)(a), ERA 1996) whilst qualifications relate to any degree, diploma, or other academic, technical or professional qualification relevant to the position held (s.98(3)(b), ERA 1996). The second reason relates to conduct (s.98(2)(b), ERA 1996) for which the ACAS Code of Practice on Disciplinary and Grievance Procedures (2004) provides guidance. For example, the Code makes provision for a written warning to be given in the case of a first finding of misconduct, other than gross misconduct: Para 21. However, where a warning would clearly not prevent an employee from committing the act of misconduct in future, dismissal in the absence of a warning may be held to be fair: Retarded Childrens Aid Society v Day. Other factors which are considered fair reasons for dismissal are redundancy and that the employee could not continue in his employment without breaching statute law: s.98(2)(c) and (d), ERA 1996. Finally, a dismissal may be fair if it is for some other substantial reason of a kind such as to justify dismissal (s.98(1)(b), ERA 1996) and it shall be for a tribunal or court to determine whether a dismissal fair for some other substantial reason. In any case, whether or not the dismissal is construed to be fair will depend on whether, in the circumstances, the employer acted reasonably or unreasonably in treating the reason as a sufficient reason for dismissal: s.98(4)(a), ERA 1996. In interpreting s.98(4), Lord Browne-Wilkinson in Iceland Frozen Foods v Jones stated that in many cases there is a band of reasonable responses to the employees conduct within which one employer might reasonably take one view and another employer might reasonably take another view. His Lordship stated that the function of an employment tribunal is to determine:   Ã‚  Ã‚  Ã‚  whether in the particular circumstances of each case the decision to dismiss the   Ã‚  Ã‚  Ã‚  employee fell within the band of reasonable responses which a reasonable   Ã‚  Ã‚  Ã‚  employer might have adopted. It should be noted that it is sufficient for the employer to hold an honest belief, based on reasonable grounds, in the set of facts justifying dismissal. This position is best explained by Lord Denning MR in Alidair Ltd v Taylor:   Ã‚  Ã‚  Ã‚  If a man is dismissed for stealing, as long as the employer honestly believed it on   Ã‚  Ã‚  Ã‚  reasonable grounds, that is enough to justify dismissal. It is not necessary for the   Ã‚  Ã‚  Ã‚  employer to prove that he was in fact stealing. Whenever a man is dismissed for   Ã‚  Ã‚  Ã‚  incapacity or incompetence it is sufficient that the employer honestly believed on   Ã‚  Ã‚  Ã‚  reasonable grounds that the man is incapable or incompetent. It is not necessary   Ã‚  Ã‚  Ã‚  for the employer to prove that he is in fact incapable or incompetent. If an employer fails to establish a fair reason for dismissal it is quite possible that an employee may succeed in an action for unfair dismissal and the employer may in fact be liable for both wrongful and unfair dismissal in the same action. However, provided that the employer follows the procedural safeguards contained within the Employment Act 2002 and the ACAS Code of Practice he should generally speaking, be safe in an action for unfair and/ or wrongful dismissal.

Billy Collins: A Great American Poet Essay examples -- Poetry Analysis

â€Å"I ask them to take a poem and hold it up to the light like a color slide or press an ear against its hive†¦Ã¢â‚¬  (3); so begins a poem titled â€Å"Introduction To Poetry† by Billy Collins. â€Å"Introduction To Poetry† is, in fact, the introduction to a collection of poetry called Poetry 180, a program started by Collins during his time as poet laureate for the United States. The aim of this program is to get people, especially teenagers, interested in or reconnected with poetry. Collins selected an assortment of poems that are just fun to read and not meant to be discussed; he says in the forward to the collection, â€Å"High school is the focus of my program because all too often it is the place where poetry goes to die† (xvii). Collins was honored with the title of poet laureate in 2001 because of his own outstanding poetry. Billy Collins is considered by some to be the greatest American poet since Robert Frost because he connects with his read ers, he makes the mysterious ordinary, and he portrays the ordinary as mysterious. Billy Collins has been called â€Å"accessible without being [mundane]† (Pool, par.1). Collins is relatable because he takes situations that most people have been through and puts them into words that are at the same time comic and thought provoking. (Collins once said, â€Å"The perfect poem for me to write would be a poem in which the reader couldn’t tell at any point whether the poem was serious or humorous†). In the poem â€Å"Forgetfulness†, Collins describes the frantic feeling that comes when a fact floats out of the brain. The person experiencing this tragic but everyday occurrence struggles to bring it back, but â€Å"the memories [the person] used to harbor decided to retire to the southern hemisphere of the brain, to a little... ...riousness of this 10-year-old dealing with morality for the first time.† Words, objects, and events take on a deeper meaning through Billy Collins. Collins’ poems aren’t preachy or meant to teach a lesson; their purpose is to help readers be exposed to different ways of seeing things. Collins seems to go through life with his head slightly tilted; he finds amusement in both the ordinary and mysterious, and has a gift for being able to portray his insights in a way readers find accessible and often witty. Nothing is too lofty or insignificant for Collins to write about; he once said, â€Å"I think my work has to do with a sense that we are attempting, all the time, to create a logical, rational path through the day. To the left and right there are an amazing set of distractions that we usually can’t afford to follow. But the poet is willing to stop anywhere.†

Fossil Fuel versus Solar Power: Where the Line Meets the Circle Essay

Fossil Fuel versus Solar Power: Where the Line Meets the Circle There are a number of benefits to building a house that utilizes direct solar energy as compared to current conventional designs, which are largely powered and heated by energy from fossil fuels. According to a number of estimates, it is actually cheaper in the long term to incorporate solar energy into building design. Solar energy is far cleaner than fossil fuel derived energy, and therefore is far less impacting on the health of humans and the environment. There are a number of innovative technologies that have been developed for nearly every application of solar energy, thus making its use comparably convenient to fossil fuel use, but with greater assurance of long-term dependability. While it is currently still cheaper to build a home around the theme of fossil fuel power, the cheap supply of this finite resource is rapidly diminishing. The years that are left in which fossil fuels will be accessible to the general public are numbered for certain. One of the factors contributing to the widespread misconception that this is not so is the overestimation of fossil fuel reserves due to varying regulations regarding proved oil reserves among different countries (Campbell & Laherrere, 1998). Problems of this nature have occurred with the former Soviet Union (Campbell & Laherrere, 1998). Another factor is deliberate misrepresentation, which is highly probable in the case of OPEC estimates from 1998, in which three hundred billion barrels of oil were added to OPEC reserve estimates without any accompanying reserve discoveries (Campbell & Laherrere, 1998). While fossil fuels are a form of stored solar energy and thus finite, direct solar energy can be consid... ...th’s natural energy flows. This could be described as an interdependent system rather than a dependent system as is the case with fossil fuels. References Cited Campbell, C.J. & Laherrere, J.H. (1998). The End of Cheap Oil: global production of conventional oil will begin to decline sooner than most people think, probably within ten years. Scientific American. Gould, S.J. (2000). The Golden Rule: a proper scale for our environmental crisis. Chapter nine from The Earth Around Us: maintaining a livable planet. New York, Freeman. Web references: Glass on Web. (2003). http://www.glassonweb.com/articles/article/221/ National Renewable Energy Laboratory. (2000). http://www.eere.energy.gov/erec/factsheets/solrwatr.html Solarenergy.com. (1997 - 2001). http://www.solarenergy.com/ Sun Ovens International, Inc. (2003). http://www.sunoven.com/usa.asp

Effects of Foreign Direct Investment Essay

The possible positive and  negative effects of FDI  inflows Ing. Tomà ¡Ã… ¡ Dudà ¡Ã… ¡, PhD. Possible positive effects FDI provides capital which is usually missing  in the target country Long term capital is suitable for economic  development Foreign investors are able to finance their  investments projects better and often cheaper Foreign corporations create new workplaces Possible positive effects FDI bring new technologies that are usually  not available in the target country. There is empirical evidence that there are spillover effects as the new technologies usually spread beyond the foreign corporations Foreign corporations provide better access to  foreign markets Ex. Foreign corporations can provide useful  contacts even for their domestic subcontractors Possible positive effects Foreign corporations bring new know-how and  managerial skills into the target country Again, there is a spill-over effects – as people leave the corporations they leave with the knowledge and know-how  they accumulated Foreign corporations can help to change the economic  structure of the target country With a good economic strategy governments can attract  companies from promising and innovative sectors Possible positive effects â€Å"Crowding in† effect The foreign corporations often bring additional  investors into the target country (ex. their usual subcontractors) Foreign corporations improve the business  environment of the target country Ethical business or rules of conduct Possible positive effects Foreign corporations bring new â€Å"clean†Ã‚  technologies that help to improve the  environmental conditions Foreign corporations usually help increase the  level of wages in the target economy Foreign corporations usually have a positive  effects on the trade balance Possible negative effects Foreign corporations may buy a local company  in order to shut it down (and gain monopoly  for example) â€Å"Crowding out† effect We can see this effect if the foreign corporations  target the domestic market and domestic  corporations are not able to compete with these  corporations Possible negative effects Foreign corporations may cut working  positions (privatization deals or M&A  transactions) Foreign corporations have a tendency to use  their usual suppliers which can lead to  increased imports (no problem if the  production is export driven) Possible negative effects Repatriation of the profits can be stressful on the  balance of payments The high growth of wages in foreign corporations  can influence a similar growth in the domestic  corporations which are not able to cover this growth  with the growth of productivity  The result is the decreasing competitiveness of domestic  companies Possible negative effects Missing tax revenues If the foreign corporations receive tax holidays or  similar provisions The emergence of a dual economy The economy will contain a developed foreign  sector and an underdeveloped domestic sector Possible negative effects Possible environmental damage  Ã¢â‚¬Å"Incentive tourism†

What is history

Unpredictable yet calming, universal yet unique. It is a place that holds the unknown within the known. It's complexity and creases of age, embody the qualities of both our known and unknown pasts. Our history. While the oxford dictionary defines history as the study of past events, particularly in human affairs, my recent further analysis of our past and present world has entirely dismantled the idea that history can be defined by a statistical record of events, dates and figures but has rather enlightened me to the inability to restrict the idea of ‘history to one function.So, what Is history? The multifaceted nature of history, Is what links It so closely to the nature of the ocean; enforcing the fact that it is not one but many things. Upon analysis of Huffing Puffs controversial and exceedingly narrow-minded opinion that history should be taught and learnt with the â€Å"pivotal facts and dates† using the â€Å"root and branch renewal† of teaching, it has com e to my attention that his explicit focus on the linear nature of history, arrogantly neglects the soul of what history actually Is. History Is constantly flowing and moving, there are an infinite number ways to define history.Huffing puffs ignorance, is embodied in the fact that history is not only about the what, but also, most importantly the where, who, why and how. History is who people were in the past and the personalities and opinions of those people. If history was Just pivotal facts and dates, decisions would not be made by the hundreds of choices people make to decide anything, they would Just happen automatically. People's personalities and opinions effect what happened in the past o much that it would be foolish to disregard past people's point of views as history.Equally as important is the culture in which people thrived at different times in the past. The Where. Culture is the soul of a society, the ideas, customs, and social behaviors that without, societies wouldn' t exist. Culture is what differentiates an Australian boy to a French one. It Is what separates the nature of Doll Hitler to Franklin Roosevelt. What culture does Is create varied perspectives. The why. Why do people make the decisions that they do? Why do different people have different views n war?Analyzing is history. But my discovery of history increasingly similar nature to that of the ocean, not only insights us to what history is, but the vital importance of studying it. History provides us the unique opportunity to reflect, learn and re-master mistakes from the past. It would be naive to neglect this convenience, which is history. Imagine if we TLD learn from war. Would nuclear bombs be detonating all over the globe due to lack of knowledge about Its protracted destruction? Would the united Nations not exist?Not only do we need to study history to fix or comprehend hat happened in the past, but to expand from the past. â€Å"-?I e. G. Technology e. G. Light bulb†. Inn ovation provides a reason to exist, a purpose. Making the world a better place, isn't that what we all want to do? Huffing Puff obviously doesn't think so. â€Å"People without the knowledge of there past history, origin and culture Is like a tree without roots. â€Å"