Employment law Essay Example | Topics and Well Written Essays - 3000 words - 8

Employment law - Essay Example If the employee finds the termination unlawful then redress may be undertaken before the employment tribunal. Dismissal is not encouraged as the livelihood of the employee is at stake but it does not entail the destruction of the employer if fair causes exist to justify termination. Dismissal is deemed just when anchored on the employee’s misconduct, inability to discharge the duties due to lack of qualifications, the position is redundant, continued employment is prohibited by statutory duty and other analogous reasons. The employee is not without any recourse from unlawful dismissals. An employee may institute a suit before the employment tribunal provided that such employee has rendered one year continuous service. However, an employee may bring an action regardless of length of service when based on â€Å"automatically unfair grounds† thus the time element is not a pre-condition. If the dismissal is rooted on medical reasons, it is sufficient that the employee has rendered one month of service. Accordingly, an employee who was treated unfairly may proceed against the employer. This is the dilemma of Ms. Sally Trent who owns ST Solutions, a small business with seven employees including Sally. A suit for constructive dismissal and harassment was lodged by Trish Dodge, her Secretary/Administrator for about twenty months. According to Sally, Trish was competent in her job notwithstanding long absences due to illness which she failed disclosed. There were no complaints regarding her conduct or had problems dealing with Sally and the other employees. Conflict arose between Trish and Brian, a freelance web designer, who regularly found fault with Trish by shouting words â€Å"you are useless†. When Trish complained to Sally, she told Brian during a drinking get-together to avoid contact with Trish. Brian ignored the warning prompting Trish to walk out. In her letter, Trish stated that she cannot work in the same office as Brian. Sally hired a

The Five Forces by Michael Porter Essay Example | Topics and Well Written Essays - 2500 words

The Five Forces by Michael Porter - Essay Example This model distinguished the strength of rivalry and hence the revenues and attractiveness of an industry. Five Forces Model can be utilized as an instrument to enhance a strategic edge over the rivalry of companies inside an industry in a competitive manner. The Five Forces Model is as follow (Bowers et al, 1990): The characteristics of these forces provide the companies the appropriate framework to give them the ability to create the necessary strategies in order to be successful in the industry (Thurby, 1998). To provide an in-depth review of the industry where a company dwells, the researcher will use Porter's five forces model (Campbell et al, 2002). The model of pure competition implies that risk-adjusted rates of return should be constant across firms and industries. However, numerous economic studies have affirmed that different industries can sustain different levels of profitability; part of this difference is explained by industry structure. Michael Porter provided a framework that models an industry as being influenced by five forces (Cemal and Keskin, 2003). The strategic business manager seeking to develop an edge over rival firms can use this model to better understand the industry context in which the firm operates. The discussion will be initially covered by the description of the buyer's power over the industry followed by the depiction of the power of suppliers over the companies (David, 1999). Another attribute of the industry that will be taken into account is the intens ity of competition among companies as well as the level of potency of new companies who have recently entered the market of retail. And finally, the ability of substitute product to affect the business disposition of a company will also be taken into consideration (David, 2001). Buyer's Power Based on Porter's five forces analysis, companies in the industry sell to a few large customers/buyers (Downes, 1999). Likewise, the industry also displays an apparent impracticality for customers/buyers to switch from one source of supply to another. This is reflected by the cost of raw materials as well as the costs of operations. Moreover, the products offered by companies in the industry are essentially interchangeable and indistinguishable (Gratton, 1999). The product

European Convention on Human Rights

European Convention on Human Rights The European Convention on Human Rights and the supreme court in matters relating to its jurisdiction, the European Court of Human Rights, are no longer a matter of external control, following their incorporation into domestic law via the Human Rights Act 1998.   The European Convention on Human Rights provides that the judgement of ECHR shall be final and that parties to it will abide by the Court’s decisions.   The institution resides in Strasbourg and is responsible for all matters relating to the interpretation and application of the Convention.   In relation to the ‘necessary in a democratic society’ provision, five of the Convention’s Articles specify the phrase in their text, although it is assumed that the Convention as a whole upholds its importance.   This essay examines the European Court of Human Rights (hereinafter ECHR) and its interpretation, and relative importance, of the phrase, ‘necessary in a democratic society’ in r elation to the Convention.   Due to limitations in word count, the contents of this essay are not exhaustive. The inception of communications has seemingly created an increase in challenges relating to Article 8 of the Convention.   In Malone v UK, the ECHR found a breach of Article 8 of the Convention, relating to the right of privacy.   More specifically, it was found that telephone tapping by the police and authorised by the UK Government and condoned by the High Court was in breach of right to privacy, contained in Article 8 of the Convention.   This Article provides: There shall be no interference by a public authority with the exercise of this right except such as is accordance with the law and is necessary in a democratic society in the interests of national security. It was held by the ECHR that tapping was against the Convention because it was not in accordance with law but governed by an unregulated decision.   The reason why it could not be necessary in a democratic society was that there were no constitutional safeguards against misuse of the power.   The Court concluded that the law was unclear and stated that, ‘the minimum degree of legal protection to which citizens are entitled under the rule of law in a democratic society is lacking.’ This case thus initiated new Government legislation to control telephone tapping by the police.   The legislation comes in way of the Interception of Communications Act 1985 which limits telephone tapping to cases where the Home Secretary has issued a warrant and, to safeguard against arbitrary use, the warrant can only be issued in three distinct circumstances, one being serious crime.   Furthermore, a tribunal and Commissioner will review how the Home Secretary has exercised his power s on an annual basis.   The main findings of this case were reiterated in Kruslin v France and Huvig v France, where it was decided that there were insufficient safeguards in the law and that, accordingly, the Convention was violated. A very different approach was reached by the court in Klass v Federal Republic of Germany. In that case, German legislation was challenged for authorising the inception of mail and telecommunications.   It was held that, whilst the right to privacy was infringed, the inceptions were justified due to the ‘necessary in a democratic society’ provision, contained in paragraph 2.   It was said that surveillance of citizens was legitimate to the extent that it was ‘safeguarding the democratic institutions’ of the State.   As there were no adequate guarantees against abuse, Article 8 was not violated.   It can be observed from these cases that their relationship to Article 8 of the Convention is markedly similar, yet, they have been decided differently.   The cases symbolise the importance of the phrase relating to the necessity of a democratic society but show how, according to its own discretion, the court can manipulate the case one of two ways:   ei ther by stating the importance of a democratic society in safeguarding the State and thus authorising the surveillance of citizens, or; offering protection to the same citizens because this is what is needed in a democratic society.   It seems that the cases were decided upon according to the likelihood of relative threat, as the Convention states, ‘in the interest of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’ Article 10 of the Convention provides for the right to freedom of expression.   These freedoms are subject to ‘formalities, conditions, restrictions and penalties, as are prescribed by law and necessary in a democratic society.’   At this point, it is perhaps worthwhile to note that the ECHR applies what is known as the margin of appreciation, so that Member States have a measure of national discretion in the way they give effect to general standards set out in the Convention.   An example is the ECHR’s decision in favour of the United Kingdom’s decision to ban the film, Visions of Ecstasy, under its blasphemy law, in spite of the Director’s claim that it violated his right to freedom of speech. The Court ruled by seven votes to two that the refusal of the Director’s claim was justified under Article 10(2) as being necessary in a democratic society.   The Board of Film Classification believed that the film would infringe the criminal l aw of blasphemy.   It was stated however that although the law of blasphemy did not treat all religions equally, it did not detract from the legitimacy of the Director’s aim, and it was consistent with the aims of Article 9 of the Convention.   The Court ruled that while the law of blasphemy was invoked rarely, there was not sufficient consensus with Member States to conclude that the blasphemy legislation was ‘unnecessary in a democratic society and incompatible with the Convention.’   The restriction was justified on the basis of excessive interference to Christians, which could amount to blasphemy. The United Kingdom’s record in relation to cases taken against it in the ECHR is not promising.   In 2000, the United Kingdom came second to Turkey in this vein. These decisions are extremely important because they are now binding precedents in the law of the United Kingdom.   Although the case of Wingrove may have pleased the United Kingdom with the imposition of the margin of appreciation, there have been a number of controversial cases in which the decisions have gone against it.   One example was the decision that the rights of suspected IRA terrorists had been violated by their summary execution in Gibralter.   It follows that the ‘necessary in a democratic society’ provision, is capable of being argued either way.

Glory :: essays research papers

Black soldiers were among the bravest of those fighting in the Civil War. Both free Blacks in the Union army and escaped slaves from the South rushed to fight for their freedom and they fought with distinction in many major Civil War battles. Many whites thought Blacks could not be soldiers. They were slaves. They were inferior. Many thought that if Blacks could fight in the war it would make them equal to whites and prove the theory of slavery was wrong. Even though Black soldiers had to face much discrimination during the Civil War, they were willing to fight to the death for their freedom. In the movie â€Å"Gloryâ€Å" the director focused on the African Americans in the north that fought in the 54th regiment led by Colonel Robert Gould Shaw. During the time of the Civil War, the African Americans that fought in the 54th regiment were often treated unfairly but there were always nice people that backed them up.   Ã‚  Ã‚  Ã‚  Ã‚  During the Civil War, there were people who were extremely prejudiced against the 54th regiment because the soldiers were all different colored skin and the people where used to the idea that different color skinned people worked as slaves. In â€Å"Glory,â€Å" Colonel Montgomery, the Sargent that trained and prepared them for war, and the colonel that was in charge of distributing necessities, served as the people who discriminated the African American soldiers. When he was teaching the soldiers how to march, some of them couldn’t tell the difference between left and right. He acted as if all African Americans were uneducated and they were hopeless to teach. Shoes were an essential part of training. Many of the African American soldiers didn‘t even have decent shoes when they enrolled for the war. Naturally, after all the training, their shoes wore down. If the 54th regiment were composed of white soldiers, the department that passed out shoes wou ld already have prepared extra shoes for them. But since the 54th regiment was composed of all African Americans, the regiment was discriminated and there were no extra shoes for them. The other white generals thought the 54th regiment would never go on a battlefield and even if they did, they probably would all die. Therefore there were no extra resources for them. Another fact that there were some racist sentiments was that the African American soldiers only got a $10 pay while the white soldiers got $13.

Struggles Overcome Essay

Dan is forty-two years old, but feels as if he has aged thirty years in the past three months. He is always so tired that he must take several naps just to get through the day, and he knows that something must be wrong. Finally, Dan’s doctor says Dan is nearing stage 5 kidney disease and Dan needs to start thinking about a transplant or dialysis treatment options soon. This leaves thousands of people with kidney disease to wonder what lies ahead. Thankfully, two local organizations strive each day to better the lives of dialysis recipients. The Patient Ambassadors Organization is a non-profit organization dedicated to improving dialysis patients’ quality of life by developing awareness of dialysis issues. The Onalaska Dialysis Clinic offers patients a wide variety of compassionate treatment options to meet their dialysis needs. Both the Patient Ambassadors Organization and the Onalaska Dialysis Clinic make a substantial difference in the lives of those in need. The Patient Ambassador Organization is a heartwarming organization that helps thousands of dialysis patients worldwide. The Patient Ambassador Organization (PAO) provides dialysis patients with the education to be their own advocates. Having the right information on how to treat, and live with kidney failure is crucial for survival. The PAO provides videos and publishes free books on coping with dialysis. This education allows dialysis patients to gain control of their lives once again. Along with educating the dialysis patients, the staff at the PAO also helps patients become eligible for a transplant. Many patients are unaware of the very important steps to go through when it comes to receiving a kidney. The PAO helps patients gain access to meet face to face with a transplant coordinator. Not everyone will receive kidney transplant, but many lives are saved each day from organ donation. Clearly, the PAO has helped patients to face kidney failure with gainful education and the confidence to overcome kidney failure. Along with the PAO, the Onalaska Dialysis Clinic provides resources for individuals battling kidney failure. The clinic offers compassionate care and transportation options. Being able to rely on a trustworthy team is very significant to someone who may be facing a life or death situation. With that concept in mind, the Onalaska Dialysis Clinic always has a staff member available to make patients feel at ease. Whether it’s getting an extra blanket and pillow or just telling a joke to lighten the mood, the  staff is always helping patients get through the day. Transportation is also provided for those who are not able to get to and from the clinic. Free bus tickets are funded by the Onalaska Dialysis Clinic, and are given to patients all year round. The Onalaska Dialysis Clinic is my place of employment, and I am very touched each and every day whe n I enter my role as a Dialysis technician. The unquestionable compassion that the Onalaska Dialysis Clinic offers to all patients is remarkable. Along with showing compassion on a day to day basis, the Onalaska Dialysis Clinic offers specific holiday programs to help patients to feel more at ease and welcomed. The Onalaska Dialysis Clinic offers its patients a holiday card along with cookies and apple cider. A gentleman once told me that he looks forward to this all year, and it’s the only holiday celebrating that he gets to do. No matter what time of year, the Onalaska Dialysis Clinic is always lending a helping hand. Unfortunately, kidney failure will affect the lives of millions of patients each year. Thanks to the kindness and support of the PAO and the Onalaska Dialysis Clinic, patients have the ability to overcome any obstacle. The compassion is very touching, and gives me faith in humanity. Therefore, staff members of PAO and the Onalaska Dialysis Clinic have touched many lives of dialysis patients worldwide. Th e impact that the PAO and the Onalaska Dialysis Clinic have made will be acknowledged eternally.

To what extent is the car club proposal an appropriate extension strategy for First Cars Plc

The main reason why First Cars Plc. should adopt this Car Club proposal is due to the current market position of the firm. The firm’s current market share (in the car rental market) is decreasing due to a leading budget airline offering car rental services to its passengers. The new proposal to target the ‘Car Club’ market would be very beneficial to First Cars as this market is experiencing rapid growth due to the ever rising costs of car ownership (predicted to rise by 20% in the period 2010-14). Early entrance to this market could present an excellent chance to accumulate market share within a market which currently does not have much competition, and with the 2012 Olympic Games just around the corner, this could not have come at a better time. Whereas the current car rental side of the company is losing market share, the Car Club market is predicted to do nothing but grow in size (110% in volume and 300% in value) in the period 2010-14, meaning that this decis ion could be the difference between a profitable & growing business, and a failing one. Another reason why First Cars Plc. should adopt this proposal is because of a grant from the Mayor of London. This  £1.5m grant is for the creation of car club bays within the inner-city area of London (the main area being considered for the scheme), and would potentially reduce the costs of setting up the infrastructure for the Car Club scheme to operate. This would have a great impact on the business as one of the main costs to this scheme would be adequate parking within the area. The fact that the grant is from the Mayor of London will also generate publicity for the company, which is always a good thing. Finally, this is suggested as a pilot scheme. In the unlikely event that this scheme does not prove successful, First Cars Plc. can always fall back on their existing services, although they will be in a large amount of debt. One reason against the plan is the financial implications for the firm. The training budget for the Car Club is  £400,000, over 10 times more that their current spend on training. The budget for marketing is three times the size, and the average staff salary is predicted to rise by around  £10,000. When considering these figures one has to question the feasibility of this scheme. This is a large outlay for a ‘pilot’ scheme and the company has ‘limited financial reserves’. This scheme would also fall within the ‘New Product Development’ area of Ansoff’s matrix, an area with a large amount of risk. The plan also suggests that management should operate in a decentralised manner. This means that instead of a couple of senior managers being responsible for the whole company, control is spread across a larger number of employees. This is a different method to their current centralised management style and means that the senior managers currently in control of the company would lose part their control of the business. As the company is new to this management style, it is quite risky. Poor decisions could be made by inexperienced staff and could lead to disaster. The case study also states that Amy is ‘keen to make a big impact within the business quickly’. Does this mean that she has rushed these plans in order to achieve this? Has she doctored the figures in order to progress the scheme forward and impress her superiors? This could mean that the business is moving into a new market based on data which is not even correct. Overall I do not think that First Cars Plc. should adopt the Car Club Proposal. The idea looked initially promising; an emerging market which is predicted to grow by 300% in value, with little competition at present. These suggestions are all around figures that Amy has put together however. Without the knowledge that Amy may be biased with her predictions, this would appear to be a very good proposal. However, the depth and accuracy of the plan is vital to ensure the success of the business and as this has been brought into question, I would have to say that I do not recommend that First Cars Plc. should progress any further with this proposal until at least this data has been checked and agreed by the directors.