Labour Law Essay Example | Topics and Well Written Essays - 1500 words

Labour Law - Essay Example It is submitted at the outset that the issue remains contentious particularly in light of the continuous changes in working practices. From a statutory perspective, the legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as â€Å"an individual who has entered into or works under†¦Ã¢â‚¬ ¦..a contract of employment†. The section 230 definition has been criticised for being ambiguous (Honeyball & Bowers. 2006) and it is necessary to refer to the common law test for defining the status of employee. The statutory provision is bolstered by the Ready Mixed Concrete test (Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance [1968] 2 QB 497), which requires an examination of the â€Å"overall picture† (Jupp, 2005) The starting point for determining whether an individual is an employee is the â€Å"control† test (Honeyball & Bowers. 2006). This was established in Yewens v Noakes (1880 6 Q.B.D. 530), where Bramwell LJ asserted that:â€Å"a servant is a person subject to the command of his master as to the manner in which he shall do his work† (at pp.532-533). However, socio-economic developments in the labour market have changed the shape of employment status, thereby undermining the suitability of the control test as a sole determinant of employment status (Pitt, G. 2007). This was further acknowledged by the Court of Appeal in Walker v Crystal Palace FC ([1910] 1 KB 87), where the control test was given a different slant by focusing on whether the employer had the right to control the background arrangements for the work such as when and where the work was done, payments and holiday entitlements. However, the Walker extension of the control test was further developed into the â€Å"integration† test as propounded by Lord Denning in the case of Stevenson Jordan and Harrison v MacDonald & Evans ([1952] 1 TLR 101) â€Å"†¦under a contract of service, a man is employed as part of the

My Working Experience in Business Essay Example | Topics and Well Written Essays - 1500 words

My Working Experience in Business - Essay Example I also provided ideas about advertising and furniture design. Running a business became art by itself for me. I felt more interested in learning to run a business that makes good money promoting art, than doing artistic work alone. While the work experience developed my interest in business, I believe that the Business and Economics program offered by the University of California would provide me the essential knowledge needed to pursue a business career to the next level. As a person who grew up as an aspirant of art, innovation and communication skills will be the two most significant personal attributes that I will bring to the University of California. I believe that my work experience as a sale representative where I was involved in renovating the product lines and the showroom, has demonstrated my ability to introduce and implement new ideas. On the other hand, my experience as an officer of the International Business Club at the Mountain Sac College also enabled me to develop the communication skill needed for a successful career in the business world. When I first started working for the furniture store as a trainee, I was in fact among a group of young people who were hired to bring new ideas to an aging business. At that time, my boss just inherited the store from his uncle. He was trying to revive the fortune of a furniture store whose products were big, well-crafted, durable, but not attractive to new and young customers. To better understand the need for young customers, my boss decided to hire a group of young people, including myself, to give him a new direction of improving his business. Since I did not have any sales or office experience, I was hired as an apprentice. My boss not only wanted me to learn about crafting skill but also made good use of my artistic background to help him refresh our furniture design philosophy.  Ã‚  

Public Health Essay Example | Topics and Well Written Essays - 1250 words

Public Health - Essay Example In relative text, an illness behavior is apparent in an excerpt in Figure 1 (please see Appendix A). Although health services dealing with these concepts are addressed in United Kingdom, the impact of elevated cases of debilitating diseases seems to interrupt the fight for better public health and social program implementation. In the sector of public health, several points are significantly addressed in the aim of providing quality health services to communities. In description, public health is viewed as â€Å"the science and art of preventing diseases, prolonging life and promoting health through organised efforts of society† (Mohamed, 2006, p. 271). Note that the primary goal is more on preventive mechanisms, performed not only by health personnel concerned, but by other associated entities in the society. One way of achieving the major objective is to determine the prevalence of diseases present in given communities. This is the investigation on the set of morbidity (disease) cases plaguing communities, may it be new cases or older ones (Anderson & McFarlene, 2010, p. 30). The drawn results can serve as the parametric basis in which management actions can be planned and implemented. Thus, the role of prevalent studies on disease is important for this paves way in which health activities can eit her be a success or not. In the face of public health adversity, government in UK safeguards rights to health through the establishment of National Health Service (NHS). It seeks to improve perceived weaknesses in health-service performance, as well as enhance standards on the level of care (Ham, 2007, p. 2). In current public thrust , Health Lives, Health People, the collaboration of the entire government sector (from national to local), and private and volunteering agencies are solidified in generating cost-efficient health care (Public Health Development Unit, 2010, p. 6). In illustrative portrayals, Figure 2 (please see Appendix B), more health activities and

Preperation of mentorship level 3 ( degree level) Essay

Preperation of mentorship level 3 ( degree level) - Essay Example The portfolio is not only used as evidence but also has effective learning tool. This pattern of learning is an approach rooted and based on the principles of experiential learning2 which is cyclical process of recording, reviewing and ultimately learning from events3. It is highly important that enough attention is provided to ensure the portfolio is not just a collection of event narratives but includes reflections on these events and the lessons learnt in the process. Any evidence of learning is captured in the portfolio as evidence that reflective learning has taken place. In compliance with the guidelines for the completion of the portfolio, we consider a few key assumptions for the purpose of this document. The attempt will be to integrate theory and practice to ensure the portfolio of learning will establish how the learning outcomes are achieved by this exercise of portfolio document While we are aware that the concept of Portfolios are not new, it is important to acknowledge the fact that their use in initial and continuing professional development in medicine is still in its infancy and premature stage. In this context, the attempt here has been to achieve the following aims and objectives: There is no focused attempt to address the particular constraints or resource issues that face practitioners in any educational initiative, as these are far too many and too complex for a document of this type and nature keeping in view the existing limitations. However, it does provide evidence of a range of ways in which opportunities have been created and developed by colleagues and other interested parties in establishing frameworks and mechanisms within which individual learning can be planned, appropriately documented and effectively assessed. Portfolios certainly have much to offer both learners and teachers as we move forward into the new world of revalidation, clinical

Wholesalers in the business world Essay Example | Topics and Well Written Essays - 2000 words

Wholesalers in the business world - Essay Example But they have certainly been around for centuries. The role they have played depended largely on the merchandise or service they represented. â€Å"Wholesaling includes all activities involved in selling goods or services to those who buy for resale or business use (Kotler 532)†. There are three main differences between wholesalers and retailers. Wholesalers are not concerned about the location of their establishment, the ambience or about promotion, because their customers are resellers and not the final consumer. The transactions of wholesalers are usually bigger than retail transactions, and they cover a much larger geographic area. Even governments treat wholesalers differently, in that the tax and legal parameters concerning them are different from those for retailers. As we will see later in this paper, there are different types of wholesalers, providing a variety of services. Some wholesalers provide selling and promoting services. These services complement the functions of manufacturers who cannot attend to these functions themselves for whatever reasons. Sometimes manufacturers are compelled to use these services of wholesalers, as local customers are more prepared to trust a local wholesaler, than some far away manufacturer. Wholesalers offer their customers a wider choice. By representing many manufacturers, they are able to offer customers the wares of all the entities they represent. Sometimes wholesalers buy in bulk, and offer their customer smaller units of a product – quantities that customers cannot buy - by approaching manufacturers directly. Wholesalers also offer inventory holding services and transportation. Wholesalers sometimes render financing services by offering credit terms to their customers. They also assist their customers by providing them market intelligence. In addition, they counsel their customers on such topics as inventory management, operational excellence and store layout and displays. There are

Unemployment Essay Example for Free

Unemployment Essay In every society there will always be a number of people who are unemployed. Unemployment is when there are people in our society who desire work but are unable to obtain it because of the fact that there are not enough jobs for everyone. There are many factors that can cause unemployment but one of the biggest factors is lack of private investment. This is caused by private companies not expanding their activities fast or not expanding them fast enough. Another main factor of unemployment is the increase of labour costs. Labour costs are the wages and salaries businesses have to pay their employees. This is a bad thing because if there wages and salaries increase to fast or are already high then businesses won’t be able to afford to pay the employees so they have to fire them. One final cause of unemployment is when there is a depression in the world economy. This is when countries of the world are going bad in there economy and cannot afford to buy as many exports as they would be able to previously. There are no positive aspects of unemployment and is really bad for the production of the economy. This means that we are wasting our resources because instead of producing goods and services with them we aren’t doing anything with them. But this isn’t the only effect of unemployment, people’s income will also change and it will cause more poverty. Unemployment also reduces the amount of tax paid to the government which means that the government will be losing money because since less people are working the government is getting less income tax but with whatever money they get they have to pay all the unemployed people and this is how the government gets into a lot of debt. Long-term unemployment is when people have been unemployed for 12 months or more. This is a very serious matter because when you have been unemployed for so long you have a high risk of poverty. Long term unemployment also places a strain on the government because they have to support without getting much tax revenue. Unemployment, particularly long term unemployment, is the most savage cause of poverty and disadvantage in our community. It is the cause of enormous personal and financial hardship for hundreds of thousands of people and their families. Unemployment is the greatest determiner of poverty and exclusion–and that is why the fight against unemployment is so critically important. However it is said that this battle can only result in victory by concentrating on providing jobs and opportunities rather than penalties or slogans. The importance of employment can only be explained, in that undertaking paid work fulfils many functions in our society. Employment is the main way of receiving money and thus survival, but we also often gain our sense of identity, self-worth and social connections through the paid work we do. Unemployment is the condition of one who is capable of working, actively seeking work but is unable to secure a paid job. However, it is essential to note that to be considered unemployed, a person must be an active member of the labour force and in search of remunerative work. In March 2002, the ABS estimated that 622,300 people were unemployed in Australia at a rate of 6. 3 per cent. This is disturbing, in itself, but the figures would be even higher if the definition of unemployment was not so narrow. While the unemployment rate is useful, it also has some very real limitations. It does not represent what jobs are disappearing or being created, whether they are part-time or full-time, permanent or casual. It also does not reflect upon whether people are working too many hours or not enough hours, or the amount of time they remain without work. Unemployment is not a problem solely for those without paid work; it is a problem for all of us. If people have no money to spend, local businesses do not sell their products and this spiraling effect can impact on entire economies. People face a number of barriers to employment. The primary barrier is that there are not enough jobs for those who wish to undertake paid employment. In February 2002 there were still seven job-seekers for every job vacancy. There are also not enough supports available for people seeking paid work, such as access to affordable child care and rehabilitation or support mechanisms for people with disabilities. Also, paradoxically, people are often considered too young or too old by prospective employers, so age can also be a barrier to employment. Other barriers relate to where people are living. There are differences between rural and urban levels of unemployment, and also stark differences between suburbs in all major Australian cities. The unemployment rate is a figure produced monthly by the Australian Bureau of Statistics (ABS). An unemployed person is defined by the ABS as someone not in paid employment who is actively looking for work. Anyone who is doing paid work for at least one hour a week is not considered to be unemployed. Many people are marginally attached to the labour orce–they want to work but are not actively seeking employment. Sometimes people stop looking for work because they are under the misleading impression that they won’t be successful. These discouraged job seekers may believe they are too old, or too young, or do not possess the skills an employer would want. This is hidden unemployment. The other large group of people not represented in the statistics are those who are working but would prefer to work more hours, the underemployed. In February 2002, over 27 per cent of part-time workers wanted to work more hours . Three sources of data are used to calculate the figures representing the labour force in regard to unemployment. These involve the monthly labour force survey conducted by the Australian Bureau of Statistics, statistics from the Job Network and statistics from Centrelink. Also, the Australian Bureau of Statistics take sit further in that they attempt to categorize the final statistics into sections involving age, region, sex, occupation and education. Currently, as previously mentioned, the Australian Bureau of Statistics states that the unemployment rate in Australia is approximately 6. % and nevertheless, this figure does not encapsulate hidden employment. Unfortunately, anyone can become unemployed readily. Statistically, however, indigenous Australians, recently arrived migrants, people with disabilities, young people and older workers who have been retrenched are most likely to be unemployed. People living in remote and rural communities also have higher rates of unemployment. The graph above shows the percentages of people in different age groups who were unemployed and looking for work in March 2002. Youth unemployment is very high across Australia. There are, however, fewer young people looking for work than in the past, as more undertake education and training before entering into the job market. Within the last two budgets, the Howard Government have attempted several tactics involving policies and the like to lower the unemployment rate in Australia. The centrepiece of the 2002 budget involved the Welfare Reform Package, which entailed many new policies to hopefully effectively reduce unemployment in Australia. This was designed to provide higher levels of service and support to those having difficulty with acquiring employment. This new system features policies where sole parents who wish to retain benefits they receive as an unemployed citizen and support a child between 12 and 15 years of age is required to attend an annual meeting at Centrelink, or a program which involves the undertaking of community service and/. or part time work. Those over the age of 50 are now required to claim identical benefits tot hose under, as opposed to the previous Mature Age Allowance or Partner Allowance. Training credits will be offered, but conversely mutual obligation requirements were introduced. Finally, all unemployed people face new requirements as soon as they have bee without employment for over 3 months, and are requested to attend interviews and job help programs to assist them in their search. Although Australians who are unemployed receive government assistance if they meet certain requirements, unemployment benefits leave many to survive below the poverty line. Governments play a pivotal role investing in research and development and social infrastructure (health, education and community services). Job creation is vital if the unemployment rate is to be reduced. If governments make such investments, this will not only maintain the fabric of society, but will create many meaningful employment opportunities. An important aspect of unemployment is the length of time people are without work. Long-term unemployment is a major problem in Australia. In March 2002, 24. 7 per cent of unemployed people had been without work for a year or more; of this group, 57. 2 per cent had been unemployed for over two years. It is estimated that one in five poor Australians are in paid work but are still almost unable to support themselves, and are known as–the ‘working poor’. Many people in Australia also get trapped in the cycle of insecure low-paid casual jobs, followed by periods spent living on income support. This growing number of people highlights the importance of creating quality jobs. Personally, I believe that whilst many effective strategies are in place to reduce unemployment in Australia, and in fact the rate of unemployment is lower than it has been in many years, more can be done to assist those unfortunate people. It has been said that the first step is to acknowledge that unemployment is a structural problem, not one of lazy individuals. This indicates that governments have a role to play in developing appropriate policy: as unemployment may be exacerbated by government policy it can similarly be alleviated by political intervention. A policy to reduce unemployment very substantially has a much greater chance of success if it is based on increased government expenditure. Some regions have been particularly hard hit, with industries that have previously provided the bulk of employment closing down or moving elsewhere. In some of these areas people from business, governments and the community have started working together to generate employment and strengthen local economies. In order to gain employment people need appropriate skills, so access to training is vital. Labour market programs that offer real and relevant training are needed not schemes which appear to blame unemployed people for their difficulties, with little focus on job placement and support. Whilst many occupations have placed several people out of work due to lack of demand, in opposition many professions require increased numbers of people to fill the demand in Australia. Programs should be established for the encouragement and training of those who require work in these fields, as this would doubly regard both the country and the people of it. In termination, unemployment is an involuntary condition, which not only affects those engulfed by it, but those who surround such people. In Australia, in my opinion we are blessed to live in such a democratic society, yet where the government takes an active interest in the plight of the people and thus encourages independence. The unemployment issues in Australia are countless, yet they are not without solution. In years to come, it is likely that our unemployment rate shall continue to decrease, due to the unfailing efforts of our government and citizens.

Adaptation Evaluation Essay Example for Free

Adaptation Evaluation Essay Tom Bombadil: Add sense of mysteriousness. Boromirs confession: Proud, arrogant warrior The Spirit of LOTR: Was it kept? Improvements. A new power has arisen. All must unite or fall divided. This is the story of the Lord of the Rings. The ring of power, forged in secret by the dark Lord Sauron contained all of the might, malice and power of the Dark Lord. Its wearer would be invisible and almost invincible, but it would corrupt the heart of anyone who wore it. Lord of the Rings is a typical good vs. evil story. This time, however, good is losing badly. The Dark Lords forces will soon overcome all of Middle Earth, but there is one glint of hope for the forces of Good. Because the Dark Lord Sauron made the ring of power, his life is bound to it. If Good can prevent defeat for long enough so that the ring can be destroyed, Sauron shall be overcome. However, the ring of power can only be destroyed where it was made deep in Saurons realm. This means that hope is in speed and secrecy, not force. A fellowship of the ring is formed and the quest is begun. The Lord of The Rings: The Fellowship of the ring is the first part of the trilogy, which shows how the fellowship evades the servants of the Dark Lord and how the fellowship eventually breaks. A mighty warrior, Boromir is a member of the fellowship. He is lured by the temptation of power and tries to steal the ring. He does not fully understand that the ring corrupts any wearer. He is then asked by other members of the fellowship as to whether he has done anything, but he refuses doing anything wrong due to his arrogance. In the film, the plot is changed so that Boromir does try to take the ring, but he confesses everything. This was a major change as Boromir is meant to be a proud and arrogant human the author J. R. R. Tolkien always shows most humans as easily corrupted. A large omission was Tom Bombadil. He was a father of the forest type man who has powers of song and looks after the ring bearer. Tolkien added him to add a sense of mysteriousness to Lord of the Rings nobody knew who he was or where he came from. This was missed out in the film. Characters like him really did help the spirit of Lord of the Rings. Form one point of view; the film did not keep the spirit of Lord of the Rings at all. Parts were missed out and some of the film seemed like a traditional Good vs. Bad film the beauty of Tolkien was that he took well known types of book and added a slight change, but meant that the whole plot would be different. For example, in the Hobbit, Bilbo Baggins goes on a quest to retrieve dwarven treasure. However, he does not want to go and as a result ends up doing a better job of getting the treasure than if he had wanted the treasure. This is the reason why keeping the spirit of Lord of the Rings is so important, Lord of the Rings is unique. However, the film of Lord of the Rings has kept a large part of the spirit. It swings my emotions better than the book did and each character looked almost exactly as I imagined them to be. Because films need a great plot to be good, the director (Peter Jackson) has taken the good parts and made them great he has really concentrated on the right parts. The film however was a bit too different from the book at times and too close at others. For example, there is an Im dead, oh no Im not scene part which was fine in the book, but should have been changed in the film. Another change that should have taken place was the fact that elves are shown as a dying any fading race in the Lord of the Rings film. In the book, elves couldnt die and the elves simply were leaving the land, not dying out. This was probably shown to make humans seem better. In conclusion, the Lord of the Rings film made great use of an excellent plot and unusual story. I think that the film was very good, but there was a small amount of room for improvement.