North and South

At the onset of the American Civil War, following the secession of the South from the Union to create the Confederate States of America, the North and South were two completely different worlds in terms of their way of life. Simply put, each region had a different goal for itself, had moved in a very different direction over the past 100 years since the end of the Revolutionary period. When the Civil War began in 1861 the two armies that would meet in battle after battle throughout the turbulent, bloody years of the Civil War were as different as any two groups could be, despite the fact that they were from the same country, in terms of their geography, their politics, and their military, all of which were contributing factors in the ultimate outcome of the war itself. The geography of the two regions of the United States can be linked to perhaps the major difference in terms of the two sides. In the North, where climates were colder, summer’s were shorter, and the productivity of small farming was low, industrialization became a major part of their way of life. People in the north mostly lived in towns or cities, and their livelihoods depended on going to work everyday at a factory or within some industry. They were used to taking orders and fulfilling them on a deadline. In the South, with their warm climate and long growing seasons, farming became a way of life. They lived an agrarian lifestyle, and therefore became more independent in terms of their views and thoughts. They had never had to answer to someone telling them what to do in the way that factory workers in the North did, which led to free-thinking and a sense of strong-willed independence. Their geography affected the way they thought and felt about themselves, and this would be an extremely important factor in the Civil War. The political climates of each region were affected by the types of mind sets that each group developed because of their ways of life. In the North, the prevailing idea was to create a strong and centralized federal government that would supercede any of the politics of the individual states. The view was that the federal government would have to be stronger than the states so that the country could create a higher power, so to speak, in government that would establish rules, regulations, and laws that all states had to abide by. Basically, the North wanted the government to be a mini-version of working for a business in the North–people not questioning the decisions of the federal government, and instead simply obeying. This idea went against everything the agrarian, independent South stood for. Besides the institution of slavery, the issues went much deeper as southerners felt that only a local, state government could really know the issues and problems for their individual states, and only a state government was best to deal with it. The secession from the Union to create the Confederate States of America just prior to the Civil War is a perfect example of how serious the South was about this. Militarily, the North and the South were very different as well. The North had three-times the population of the South, which meant many more soldiers to help the Union cause if the war was long and drawn out. In the North people were used to taking orders and blindly following them; in the South, people were much more independent-minded. The North also had one major advantage, the fact that they were industrialized and could quickly open and run factories to supply the army with any necessities, including arms and ammunition. This created a major divide in the two armies, that would end in a Union victory. The North and South were two completely different places, despite the fact they resided in the same borders. Their differences were too large to overcome without a war, and the Civil War was the cumulation of the politic and social bickering that had been happening for years. It is hard to imagine the South winning in light of so much stacked against them, and the North was simply better prepared due to their way of life and their industry to fight a long-standing war. Works Cited Nelson, Rebecca, ed. The Handy History Answer Book. Detroit: Invisible Ink, 1999. 105-110.

The Organizational Structure Mission, Vision And Values

Introduction (The Organizational Structure – Mission, Vision and Values) Every long term vision strategy is most likely centered on building an ethical organization. It is critical for an organization to have core set of values and principles to establish its identity. Identity is a key component of helping others to understand what it is that the employees are trying to accomplish. Developing a mission, vision and values statement is the foundation to a company’s identity and structure. These three charters help to keep the ideals of the organization in mind during all stages of development and growth. A mission statement explains the organization’s reason for existence. It describes the purpose, what is to be done and the overall intention. The mission statement supports the vision and communicates the direction to all affiliates, associates, employees and stakeholders. As the organization evolves, the mission statement can change to reflect developing priorities and methods to accomplish its vision. The mission statement should be based on the core competencies of the company. It is ideal to base this on competitively superior internal strengths where the individuals, within the organization, perform well in comparison to the competition. The mission statement should be structured to motivate and inspire participation and commitment. It needs to be realistic, clear, and avoid being too narrow or too broad. The mission statement needs to be a preciseShow MoreRelatedOrganization And Unit Mission, Vision, And Values. According1720 Words   |  7 PagesOrganization and Unit Mission, Vision, and Values According to Huber (2014), in order to accomplish a common goal, an organization needs to have a teamwork. The organizational social structure of health care system has a crucial role in forming an environment that is focused on patient care (Huber, 2014). More than ever before, health care organizations are expected to meet the patient’s needs. Most developed organizations have their own mission, vision, and values. An organizational mission statement definesRead MoreThe Structure And Culture At The Coca Cola Company1000 Words   |  4 PagesThe next step is to research the structure and culture at the Coca-Cola Company. Culture Coca-Cola inclusive workplace culture consists of seven core values: leadership, passion, integrity, collaboration, diversity, quality, and accountability. Coca-Cola Company central promise is its values, which are to refresh the world in mind, body, and spirit, and inspire moments of optimism; to create value and make a difference. 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Acting as a leader, for instance Dunn, the leaderRead MoreStrategic Planning For A Software Company1316 Words   |  6 Pagesare the strategic plans for my company. †¢ Vision †¢ Mission †¢ Values †¢ Objectives †¢ Strategies †¢ Action plans First, I should set my vision and mission towards the company’s profile to set the future goal. Objectives are set to reach the destination by achieving or successfully completing all the strategies by following through an action plan. Developing a vision and mission statement is so important. It is the corner stone of every organization. Mission: It is a statement describing a company sRead MoreThe Importance Of A Vision Mission And Vision Statement1036 Words   |  5 Pagesgreat purpose with developing/crafting vision, mission, goals, objectives, and strategies. The direction of organizations are very important on developing a desirable environment. 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Strategic planning is the process of envisioning the organization’s future and developing theRead MoreMicrosoft And A Single Software Program1592 Words   |  7 PagesNadella who was appointed that position in February of 2014 is changing Microsoft into the market we are in today. What we will be talking about in this paper we will be discussing in depth about Microsoft’s corporate structures, their ideals, and over all how they run their business. Vision Statement Microsoft is a huge corporation that is very well known throughout the world. In order for a company to be so successful it needs to be able to forecast into the future of what the market is going to wantRead MoreOrganizational Effectiveness Of An Organization1282 Words   |  6 PagesOrganizational effectiveness is the concept of how effective an organization is in achieving the outcomes the organization intends to produce. Organizational effectiveness groups in organizations directly concern themselves with several key areas. Leadership, decision making and structure, people, and cultures are just a few of several key areas. Leadership consist of self and crew understanding of a clear vision, sharing that vision with others so that they will follow willingly, providing the

The Tuskegee Syphilis Study Is Still Alive - 1269 Words

The Tuskegee Syphilis Study is Still Alive Cells that live and multiply forever were harvested and cultured from a black woman named Henrietta Lacks. Many people made a profit off of her cells, and she nor her family knew anything about it. â€Å"Black scientists and technicians, many of them women, used cells from a black woman to help save the lives of millions of Americans, most of them white. And they did so on the same campus- and at the very same time- that state officials were conducting the infamous Tuskegee syphilis studies† (Skloot 97). Many citizens are unaware of this dehumanizing act that lasted 40 years; the Tuskegee Syphilis Study has impacted society along with individuals related to the study for over 85 years. The study†¦show more content†¦The men had to consequently suffer and deal with pus filled sores covering their body, including their mouths, just so the scientists could study the lasting effects of untreated syphilis. Suffering from syphilis was not what the men signed up for, and to them, there seemed to be no way out of the suffering. Even research by the Center for Disease Control (CDC), â€Å"Found nothing to show that subjects were ever given the choice of quitting the study.† Even though the men most likely felt trapped, they still had to go on with their everyday lives, which included their healthy significant others. The Tuskegee Syphilis Study did not only affect the participants, it also created a path for families to be unknowingly infected with syphilis. As Yoon revealed, â€Å"Since 1975, the Government†¦ providing lifetime medical benefits to the 22 wives, 17 children, and 2 grandchildren with syphilis they may have contracted as a direct result of the lack of treatment accorded the men in the study.† Because participants were uninformed that they were infected with syphilis, they innately went on with their daily life, which included sexual intercourse. 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The original study of the Tuskegee research was a disreputable medical experiment carried out in the United States between 1932 and 1972Read MoreUnethical Government Human Experiments : Unethical1833 Words   |  8 Pagesapologized. Experiments such as the â€Å"Tuskegee Study of Syphilis in the Negro Male† has taken the lives of the victims involved in the study. This is an infamous study government officials conducted in 1932, the objective of this study was to record the effects of syphilis in black people (About Us). Jackson 2 In total 600 men were victims of this experiment, 201 of the men were uninfected, they were known as control subjects, and 399 out of the 600 men actually had syphilis. The researchers told the men

Not Prepared for This War Male Role Only Essay - 683 Words

Women have fought decades to be seen as equal to men. All though all these good things happened because of woman’s movement. However, this doesn’t mean women must play male roles in the twenty first century. Placing women front line in combat is setting them up in a field full of grenades that represent distress emotion and the lack of physical strength that in the end will have a negative effect on females and their fellow soldiers they are fighting with. There are specific roles that only a male should take. For example, protecting and serving our country. Women should have equal rights, women have the disadvantage of fighting in combat where their safety is on the line and their physical biological and emotional restrictions will hold†¦show more content†¦Unlike men, a women’s pelvic ring is wider which, make it easier to carry and give birth to a baby (Delavier). Women having the ability to reproduce, allowing our population to increase. With our po pulation growing our economy will grow, and we are less likely for extinction. Also, a women’s body is programmed to provide bodily nutrients to provide for their baby for example breast feeding. In addition fourteen percent of nursing mothers are being deployed four months after giving birth (Vlahos). The three month period for a baby marks the time for exploring movement and growth. At four months your baby is not as tiny as when they were born. They no longer fit in a baby tub, which they know fit in an adult bath tub where they can easily slip and fall into the water. They are also learning how to crawl and grab objects. This makes them prone to accidents. Their safety is your concern and responsibility as a mother. Even, after their first four months a mother is not adequate enough to leave her baby for excessive period time especially like a deployment which last up to eight to twelve months. 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Unfair Dismissal Free Essays

The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee, there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract, damages will often be limited to the loss of earnings during that period. We will write a custom essay sample on Unfair Dismissal or any similar topic only for you Order Now The civil law does not provide for a remedy by way of reinstatement.There is no remedy based upon breach of contract for failure to follow appropriate grievance and disciplinary procedures prior to dismissal. However, it will be argued below that the development of the concept of unfair dismissal and the range of remedies available in respect of it has perhaps empowered the employee to too great an extent with the ironic result that he may ultimately be less well served as a result of a consequent reluctance on the part of prospective employers to expose themselves to the consequences of employing an individual who will in due course be in a position to pursue such a powerful array of relief against them.Unfair dismissal is a wholly distinct concept first introduced by the Industrial Relations Act 1971. Section 94 of the Employment Rights Act 1996 (ERA 1996) now provides: An Employee Has The Right Not To Be Unfairly Dismissed By His Employer. This is the basis of the remedies which may now be pursued in the Employment Tribunal but it is unhelpful as a definition. In W Devis Sons Ltd v Atkins, Phillips J described unfair dismissal as narrowly and to some extent arbitrarily defineda form of words which could be translated as being equivalent to dismissal ‘contrary to statute’. This underlines the fact that the law of unfair dismissal is entirely a creature of statute and as such is far more highly codified than the civil remedy. Since the remedy of unfair dismissal and the legal machinery by which it is awarded were born in an era of strife in industrial relations, it is perhaps unsurprising that the balance between the rights of the employee not to have his employment terminated without justification and the interests of the employer (often profit-motivated) to be able to select, regulate and remove employees is often highly contentious and political.There is frequent disagreement as to whether employees are sufficiently protected or whether, by contrast, the employer is now so beset by procedural requirements and sanctions for their breach that the recruitment and dismissal of employees has ceased to be able to respond freely to the merits or demerits of the individual employee and the need to control a workforce in the interests of the particular compan y or undertaking in question. Types of Dismissal The three types of dismissal are contained in s. 95(1) of ERA 1996: Direct dismissal; Expiry of a fixed term;Constructive dismissal. The first is seemingly the most straightforward but is not without its own complications. Instructions that may appear unequivocal to the layman will not necessarily be interpreted by the Employment Tribunal or the Employment Appeal Tribunal as constituting a dismissal. Thus, in Futty v D D Brekkes Ltd a foreman on Hull Docks told an employee that if he did not like his job he should f*** off!. The tribunal held that this instruction should be seen in the context of the manners of expression usual on Hull Docks and that it should not be regarded as a dismissal.By contrast, a dismissal may be found even though the termination of employment is not expressed in that way: in Robertson v Securicor Transport Ltd, the claimant had broken a company rule by signing for a contained which had not been received. He was presented with the alternative of resigning or being dismissed. He chose resignation but this was held in effect to be a dismissal. The second type of dismissal is infrequent by comparison but occurs where the employee is employed under a contract for a limited term, dismissal occurs if that term expires without being renewed under the same contract.In these circumstances, however, the reasonableness of the employer’s action in not renew ing the contract must be assessed. If there are genuine circumstances giving rise to a fixed term contract such as the work being of a temporary nature or the employment being for a specific purpose which has come to an end, it may be reasonable not to renew the contract after expiry. (Regard should now be had to the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 which provide protection to those on fixed-term contracts such as teachers in higher education and senior employees in the Health Service. The third type of dismissal – constructive dismissal – can often be the most difficult to define in practice. S. 95(1)(c) ERA 1996 states that a resignation will amount to a dismissal if the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct. This is a somewhat circular definition but the operation of the doctrine of constructive dismissal can be illustrated by reference to the notorious case of Western Excavating (ECC) v Sharp.An employee had been suspended without pay as part of disciplinary proceedings. As a result, he was short of money and asked his employer for a loan. When this was refused, he resigned in order to avail himself of accrued holiday pay. Surprisingly both the tribunal and the Employment Appeal Tribunal (EAT) found this to be a case of constructive dismissal. However, the employee lost on further appeal when Lord Denning held that for there to be a constructive dismissal, the employer’s actions had to amount to a significant breach of the contract of employment.This therefore applied a contractual analysis more akin to the civil law wrongful dismissal approach. However, as will be seen below, cases of constructive dismissal are now regulated by the statutory disciplinary and grievance procedures introduced by the Employment Act 2002 (EA 2002). It will be argued that these new requirements have the effect of tipping the scales too far in favour of the employer in many cases. Fairness Section 98(4) of ERA 1996 defines this concept: the question whether the dismissal is fair or unfair (having regard to the reason shown by the employer) – a) depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and (b) shall be determined in accordance with equity and the substantial merits of the case. It should be noted, however, that s. 34 EA 2002 inserted a new s. 98A into ERA 1996 which provides that breach by the employer of a statutory procedure on dismissal, which sets down the minimum procedural requirements, means that the dismissal is in any event automatically unfair. The impact of this development will be considered below. ) Therefore, fair is equated with reasonable and will be a question of fact to be determined by the tribunal drawing on the experience and common sens e of its members who are selected (with the exception of the legally qualified Chairman) from a representative cross-section of the employment environment. However, it has been held that there is to some extent an objective test. In British Leyland (UK) Ltd v Swift it was suggested that the question which should be posed is: is it possible that a reasonable employer, faced with these facts, would have dismissed?Similarly, in Haddon v Van den Bergh Foods Ltd, the EAT suggested that the tribunal should consider whether the employer acted reasonably in invoking the ultimate sanction of dismissal. It was not, however, sufficient for the tribunal to simply ask what they would have done without recognising that their personal views might not accord with reasonableness. It s submitted that there are dangers in both approaches. The so-called objective test of the reasonable employer might be regarded by the employee as leaving him vulnerable since it is the reasonable employer rather than the reasonable man that is set as the benchmark.If the function of the tribunal is to arbitrate fairly between the employer and the employee, it should not be regarded as appropriate to impose the standards of one upon the other. C onversely, an employer may object to a man on the Clapham omnibus-style test or, worse still, the subjective views of members of the tribunal when confronted with the facts on the ground that neither test provides a proper appreciation of the pressures and constraints upon an employer who is confronted by an employee whose conduct or performance are prejudicial to he particular company or undertaking. Procedure – Dismissal As has been seen above, the new s. 98A ERA 1996 which came into effect on 1st October 2004 renders breach of certain minimum procedural requirements unfair. Schedule 2 of the 2002 Act and the Dispute Resolution Regulations 2004 (DDR 2004) provide for both a standard and a modified disciplinary procedure.By reg 3(1) DDR 2004, the standard procedure applies where the employer contemplates disciplining or taking relevant disciplinary action against an employee and provides that: The employer must set out in writing why he is contemplating dismissing or taking relevant disciplinary action; Prior to the disciplinary meeting the employer must inform the employee of the grounds for taking such action and the employee has to have a reasonable opportunity to consider his response to this information; There must be a disciplinary meeting;The employer must inform the employee of his decision and of a right of appeal; After any appeal hearing, the employer must inform the employee of his decision. The modified procedure (reg. 3( 2)) applies where the employer believes that the employee has committed an act of gross misconduct. In these circumstances, the employer can dismiss the employee summarily but must set out in writing his reasons for doing so and inform him of a right to appeal. Thereafter the procedure is the same. For this procedure to apply, the employer must be entitled to dismiss the employee for gross misconduct at the time when the employer became aware of it or immediately thereafter and it has to be reasonable for the employer to dismiss the employee before enquiring into the circumstances in which the conduct took place. These new statutory procedures seem entirely reasonable and probably do little more than reflect the best practice in place in many places of work even prior to the implementation of the regulations.What is significant, however, is the mandatory and arguably Draconian sanctions that have been set in place in the event of non-compliance. Where the statutory disciplinary procedures have not been complied with, the dismissal is rendered automatically unfair. Further, s. 31(3) EA 2002 provides that in such circumstances the tribunal must increase the award to the employee by 10% and may if it considers it just and equitable in all the circumstances to do so increase it by a further amount but not such as to make the total increase more than 50%.There is, as yet, little indication of how prevalent the application of such sanctions will become in practice but it is submitted that these procedures and sanctions are capable of inflicting great injustice upon an employer. It will be noted from above that the test of fairness set out in s. 98(4) ERA 1996 is qualified (as were the predecessors of this provision) by reference to the size and administrative resources of the employer’s undertaking.It is suggested that this represents a practical and realistic approach to the realities of the workplace: it is not reasonable to judge the human relations performance of a small family engineering company in the Black Country against the standards of ICI! The new procedures, however, do just this. A tribunal is left with no discretion either in judging the fairness of the approach adopted in disciplining or dismissing an employee: an otherwise warranted dismissal will be rendered automatically unfair for procedural irregularities.The same is true to a certain extent with the size of the increase in the award which must be applied. Admittedly, there is some discretion on the basis of what is just and equitable as to whether the increase is 10% or 50% or some point in between but an increase there must be. Again, this will have a disproportionately punitive effect upon small businesses who are probably already able ill to afford the basic and compensatory elements of the standard tribunal award and for which the impact of the mandatory increase will be proportionately greater. Procedure – Grievance (Constructive Dismissal) The implications of the new statutory grievance procedures may be considered even more undesirable in their effect than the potential consequences of the disciplinary procedures which are the subject of criticism above. As a matter of basic philosophy, the introduction of these requirements is more difficult to understand than those in respect of dismissals. Subject to the criticisms above in respect of the effect in practice of imposing nescapable requirements and automatic and rigid sanctions in the event of non-compliance, it is possible to justify legislative attempts to improve procedures adopted prior to the imposition of the ultimate sanction of dismissal – it is in the interests of an employee for an employer to follow a fair and comprehensible process prior to the imposition of disciplinary measures or dismissal. The ultimate justification for statutory grievance procedures is more difficult to fathom.Obviously, it is sensible to promote good practice in relation to the resolution of complaints in the workplace but it may be questioned whether it is necessary to give such encouragement the force of law and to visit failure to observe such formalities with the consequences discussed below. A grievance is defined in regs. 2(1) and 6 of DDR 2004 as a complaint by an employee about an action which his employer has taken or is contemplating taking in relation to him and which could form the basis of a complaint by an employee to an employment tribunalor could do so if the action took place. The principles underlying grievance procedures will appear familiar by reference to the disciplinary procedures but there are some differences in that they impose admissibility requirements which, in addition to the imposition of penalties, will prevent a tribunal hearing certain complaints until the formalities have been complied with. Once again there is a standard and a modified procedure. Under the standard procedure the employee must set out the grievance in writing and send it to the employer.The employer must then invite the employee to a meeting to discuss the grievance which ust not take place until the employer as been informed of the grievance and had an opportunity to consider his response. Following the meeting, the procedure is the same as in a disciplinary situation with an obligation upon the employer to notify the employee of his decision and the subsequent opportunities for appeal. The procedure is modified where the employee has ceased to be employed and either the employer was unaware of the grievance or, if he was, the standard procedure had not been commenced or not completed before the last day of employment.There must be specific agreement between the parties that it would in the circumstances be pointless to follow the standard procedure including the usual attendance at meetings because there is no ongoing employment relationship and the parties have no interest in following the procedures. In such circumstances, the procedure is reduced to the employee setting out his grievance in writing and sending it to the employer and the employer responding in writing. Failure to follow such procedures does not give rise to a remedy in itself.Admittedly, the procedure is of benefit to an employee in the sense that should he make a claim on the basis of such matters as unfair dismissal or discrimination, the failure by the employer to follow the correct procedure may lead to the award of extra compensation in addition to the main award. It is difficult to understand how this significantly enhances the protection already afforded to employees when pursuing the main complaint although it once again places an automatic extra burden upon employers even in situations where this may not be warranted.However, s. 32 ERA 1996 provides that should the fault in failing to follow the prescribed procedure lie with the employee, he will be prevented from pursuing a claim for, inter alia, unfai r dismissal until the procedures have been complied with or are deemed to have been complied with. This may not appear to be of great significance until one considers a situation in which constructive dismissal may arise. An employee is now precluded from pursuing such a claim until the requirements of the grievance procedure have been fulfilled.Admittedly, the modified procedure operates to protect an employee who has already been forced to resign by allowing appropriate methods and extensions of time limits in which retrospectively to comply with the statutory requirements but it is submitted that in many cases this will prove to be a sham and cause unnecessary procedural steps to be taken and paperwork to be generated and may, at worst, lead to the employee being prevented altogether from pursuing such action.The very essence of constructive dismissal is that the conduct of the employer is so extreme that it goes to the root of the contract of employment and he is taken to have repudiated it. Therefore, in the vast majority of such cases, even if the employee remains in employment, it is unlikely that the formal pursuit of a grievance procedure will be capable of remedying the fundamental breakdow n of the relationship between employer and employee. In many such cases, the behaviour of the employer becomes so intolerable that the employee is forced peremptorily to resign.It is difficult to ascertain what the requirement of a written complaint and formal response prior to the commencement of proceedings is designed to achieve in such circumstances. Again, this is relatively new legislation and so there are as yet few practical examples of how this might operate in practice although it is understood that a number of employees have already been taken by surprise when attempting to initiate constructive dismissal claims upon being informed that they are precluded from doing so as a result of non-compliance with the procedure. Wrongful Dismissal – A Preferable Approach?As was observed in the Introduction above, there are severe disadvantages to the employee in pursuing a civil action for wrongful dismissal as opposed to an application to the tribunal based on unfair dismissal. This is because the principal remedy for wrongful dismissal will be an action for damages based on the loss caused by the breach by the employer of the contract of employment. Thus a dismissal without notice or with inadequate notice will constitute a wrongful dismissal unless the employer was reacting to a serious breach of the contract by the employee.What amounts to proper notice will be determined by the terms of the contract. However, this is subject to statutory minimum periods prescribed by s. 86 ERA 1996 which stipulate periods ranging from an entitlement to 1 week which accrues after one month of service to 12 weeks after 12 years of service. (It should be noted, however, that this is effectively the ceiling figure a nd further years of service do not give rise to further periods of entitlement. There is clearly a considerable attraction from an employer’s point of view to basing the entitlement to dismiss upon contractual considerations.Justification for dismissal without notice depends upon the employer having a sound contractual reason for doing so. Examples of such a serious breach justifying summary dismissal have included dishonesty, assault, prolonged absenteeism, gross negligence and drunkenness at work. It is submitted that a restriction of the justifiable ability to dismiss to such clear categories of misconduct serves not only to protect the employee who could not then legitimately be dismissed for more fanciful reasons but also assists the employer who would be forced to understand the gravity of the conduct required before dismissal could occur with impunity.The frequently cited objection to wrongful dismissal as a remedy is the restriction of the compensation which would consequently be recoverable to the statutory notice period. However, to the basic f igure of wages that would have been earned during the notice period will have to be added the value of other remuneration and perquisites such as commission, a company car, share options, pension loss and back pay including any accrued holiday entitlement. In addition, interest would be awarded on the damages from the date of dismissal to the date of hearing. Further, regard will be had to other relevant contractual terms.Thus, the contract is capable of providing procedures which would have to be followed in the event that dismissal was contemplated. In Dietmann v Brent London Borough Council, it was held that even in the face of obvious misconduct, an employer will have to adhere to the terms laid out in the contract if the terms specifically set out what must happen before a dismissal can occur. It is submitted that such an approach may be an effective answer to the criticism that the common law cannot assist an employee in terms of procedural protection in the same way as the statutory procedures do.Whereas the latter are criticised above on the basis that they apply with equal and undiscriminating force to all sizes of undertaking, such contractual protection could be appropriately tailored to individual workplace circumstances. In the event that such procedures were not complied with, the court would be able to award damages beyond the notice period taking into account the length of time that would have been added to the employee’s service had the proper contractual disciplinary procedures been adhered to.In Malik and Mahmud v Bank of Credit and Commerce International (in compulsory liquidation) the House of Lords recognised damages based upon loss of reputation. However, it should be noted that the damages in this case were based upon the breach of an implied term of mutual trust and confidence (specifically, not to run a corrupt and dishonest business so as to damage an employee’s future employment prospects) and it has yet to be seen whether the principle might be given wider application so as to operate in situations in which those prospects are damaged by a capricious and unjustified dismissal.Recently, in Barber v Somerset County Council, a teacher who had to work excessive hours during a restructure suffered a mental breakdown and sued his employer for personal injury. The House of Lords held that the employers were in breach of their duty of care. This was held to be a general positive duty and not one that only arose where the employee was known to be particularly vulnerable. Thus, if the damage to the employee’s mental health can be reasonably foreseen, the employer can be held liable in damages.Such a claim would giv e rise to a far more specific and rationally quantifiable remedy than the general compensatory element which would form part of a tribunal award. It follows from this that the whole approach to the structuring of awards for unfair dismissal by the tribunal may wreak injustice, particularly upon an employer. As has been noted, such an award consists of a basic and a compensatory element. The basic award is arrived at by the application of an arithmetical formula consisting of the claimant’s net weekly wage, a multiplier related to his age and his year’s of service.This element of the award in itself is capable of imposing an arbitrary effect. It is perhaps significant that this approach is exactly the same as that employed in calculating compensation for redundancy. While this might be appropriate in the latter instance where a period of employment is coming to an end through no fault of either employer of employee, there is no logical reason why it should be applied in assessing the measure of recompense to be afforded to an employee as compensation for unfair dismissal.Admittedly, the compensatory element of such an award is, as the term suggests, designed to put the claimant into the position that he would have occupied had the termination of employment not occurred but the usual principal component of the compensatory element – loss of future earnings – is frequently a highly speculative exercise in determining how long the claimant might reasonably be expected to remain unemployed. The common law approach to measure of damages described above can hardly be condemned as less satisfactory. Conclusion While the argument in the preceding paragraph may possibly be regarded as somewhat tongue in cheek, it serves to highlight the fact that there may well be merit in reassessing the efficacy and balance of the current approach of the law in cases of unfair dismissal. It is, of course, unrealistic to suppose that the whole panoply of employment protection put in place since 1971 would ever be dismantled, there is force in the suggestion that the protection regime of employee against employer has now been extended too far.Even prior to the reforms introduced by the Employment Act 2002, it was justified to suggest that the balance of the need of an employer to be able to dismiss when appropriate against the need of an employee to enjoy appropriate job security was incorrect. The acknowledgement that the previous common law approach of awarding damages in cases of wrongful dismissal based on a strict application of contract principles was insufficient to protect the employer aga inst the perceived might of the employer was undoubtedly correct and worthy but the scales were as a result tilted too far in favour of the employer.This runs the risk of discouraging employers from allowing job opportunities to candidates of which they are not absolutely certain or even causing them to refrain from making any appointment through fear of the financial consequences of having to terminate an employee’s employment. As has been demonstrated, the introduction in October 2004 of the statutory disciplinary and grievance procedures represents too great an interference by the legislature in matters which could be left to voluntarily good practice or, where that proves insufficient, appropriate contractual protection.While the major argument advanced above is that the employer has been placed under undue constraint – most recently by the punitive consequences of failing to comply with the statutory disciplinary procedure – it should not be forgotten that the most recent round of legislation to regulate behaviour in the workplace is also capable (as a result of the impact of the statutory grievance procedure upon claims for constructive dismissal) of prejudicing the employee. Bibliography Bowers, J. , A Practical Approach to Employment Law, (7th Ed. , 2005) Holland, J. Burnett, S. , Employment Law, LPC Guide 2005 Selwyn, N. , Selwyn’s Law of Employment, (13th Ed. , 2004) Westlaw www. opsi. gov. uk How to cite Unfair Dismissal, Papers

Database Administration for Configuration - myassignmenthelp.com

Question: Discuss about theDatabase Administration for Configuration and Optimization. Answer: Queries are aged out from the SGA to facilitate the execution of a new query. The queries are aged out quickly, resulting in a hard parse. This could be avoided by allocating extra memory to the library cache (Bryla and Loney, 2013). The volume of the library cache can be raised by updating the value of the SHARED_POOL_SIZE initialization parameter. The page not found error can be rectified by checking the registry entries for $ORACLE_HOME and ORACLE_SID and ensuring the connectivity. Checking if the listener is running properly and restarting the listener could also rectify the error. The EM environment could also be reinitialized with the emca command. If the data to process is more than the available SQL work area, the data is partitioned into smaller chunks of data. A portion of the data is processed in the available memory, while the rest is stored in the temporary tablespace. Using Joins instead of subqueries minimize the processing required. The manual use of transactions reduces the number of writes to the transaction log. Using UNION ALL to combine SELECT statements instead of UNION reduces the processing as duplicates are not avoided (Herodotou et.al, 2011). Using EXISTS instead of COUNT(*) returns a value as soon as the condition is met instead of checking all The VALIDATE command is used by RMAN to detect corruption and enables the database to keep information in backup files while doing it. It also reviews a command block each time it is read or written, to report a timely detection of corruption (Zhu et.al, 2012). The RMAN advise failure command is used to give suggestions about the best repair options available while back up. References Herodotou, H., Borisov, N., Babu, S. (2011, June). Query optimization techniques for partitioned tables. InProceedings of the 2011 ACM SIGMOD International Conference on Management of data(pp. 49-60). ACM. Zhu, Y. C., Luo, D., Yang, X. R., Guo, P. C. (2012). RMAN Backup, Recovery and optimization Based on oracle 10g.Chinese Medical Equipment Journal,10, 023. Bryla, B., Loney, K. (2013).Oracle Database 12c the Complete Reference. McGraw-Hill Osborne Media.

Culture Clash Essays - Buddhist Holidays, Firecracker, Fireworks

Culture Clash THE CULTURE CLASH Western civilization has generally progressed along the path of reasoning and a quest for external truths and facts. Contrary to this, the cultures of eastern civilizations have embarked along a more spiritual and mystical course. Eastern civilization has developed into an almost completely different culture that relies heavily on internal explorations, communion with nature, and mystical superstitions. I was able to observe these differences firsthand when I visited a Buddhist temple downtown on Chinese New Year. Buddhism is the belief in Buddha and his teachings and doctrines. The word Buddha itself means enlightened and that is the word I would choose to describe my experience upon entering the realm of this cradle of eastern beliefs. The temple was a pristine, brilliant red roofed building encompassed by a high brick wall. Two heavy metal doors, supported by gigantic wooden pillars on each side, supplied the only entrance to the temple. Two great golden lions stood on the side of the door, glaring menacingly, as if to frighten off unwanted intruders to the temple. Upon entering the gates, I was informed that I was not to step onto the raised wooden footstep that ran across the entrance through the gate. It would have been rude and disrespectful to do so because it meant you put yourself at a level above that of the monks in the temple. As I passed the gates onto the grounds of the temple, I was greeted by the deafening sounds of hundreds of firecrackers being set off in unison. As the smok e from the firecrackers cleared and I waited for my ears to stop ringing, a beautiful sight greeted me. The scene inside the temple was a mixture of serenity and peacefulness entwined with a feeling of jubilation and celebration. As my eyes spanned across the grand pavilion leading to the temple itself, I was awed at the sights around me. There were beautifully arranged trees and shrubs growing harmoniously with the surroundings. The trees and shrubs, of bonsai fashion, looked like an intricate piece of a marvelous sculpture arranged by some magnificent hand. Though engulfed by hundreds of people, the temple seemingly blended into the surrounding as if to form some ideal picture of harmony. The people were a great marvel to see. Informed by my friends that it was a tradition to get new clothes, new shoes, a new hair-cut, and so on, for the Chinese New Year, I had expected people to be dressed up, but I was caught unexpected by some of the people around me. Some girls wore delicately woven Chinese dresses, imprinted with beautiful designs of flowers, dragons, phoenixes, birds, and other detailed figures. The men were divided into two main categories; the younger boys wearing brand new suits and adorning newly cut hair, while the older men wore the traditional Chinese coats and pants. The whole scene was one of great jubilation and joy. People were cheering and dancing, with an occasional prankster shooting off another firecracker. My friends told me to get use to the sound of the firecrackers all night, for though the firecracker had been originally used to scare off unwanted spirits, it had now come to symbolize a time of great joy and prosperity for the Chinese people. My experience was not fully complete till I walked into the main worship hall of the temple. The room was filled all around me with brilliant gold sculptures of Buddha and other Chinese deities. Each was set on a lavishly decorated table, garnished with an assortment of appealing foods. The aroma of the food was offset by what seemed liked millions of incense in a rice filled pot located at each table. The incense let off an aura of calmness and tranquillity that I had never felt before. I was told that the food and incense were an offering to the gods as well as a tribute to dead ancestors. Also found in head of the room was a large, bronze sculpture of Buddha lying down under a bodhi tree. Directly in front of the sculpture was an old, bald monk that was chanting some strange words to the beat of a drum-like instrument (I later found