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Tuesday, August 25, 2020
Purchasing New Cars is NOT the Best Way to Help Environment :: Automobiles Global Warming Climate Change
An ever increasing number of families have their own vehicle. Accordingly, the air in urban areas is progressively dirtied. Proprietors ought to be done to change to less contaminating vehicles. Whatever degree do you concur? With the financial development of the general public, an ever increasing number of families can possess autos of their own. Accordingly, in this manner caused intense condition issues, the air contamination inside the city zone is deteriorating step by step. Residentsââ¬â¢ day by day lives are influenced by the contamination, and essential life prerequisite, for example, breath natural air gets inaccessible. Much more dreadful that the future day to day environment of our kids is truly undermined. We should call up the soul of our drivers and shanghai government to take activities to secure nature, and keep the contamination as low as could be expected under the circumstances. This paper will take a gander at the bit of leeway and hindrance of the administration making vehicle proprietors purchase rehire which produce less contamination. The upside of the administration making vehicle proprietors purchase new vehicles supplanting old smoke producer will profit the improving of the earth, additionally in a similar time animate the advancement of the car business, and in the interim advantage the monetary development. Likewise the advancement of the vehicle business will offer a chance of social reemployment. Then again, this approach can likewise change peopleââ¬â¢s viewpoint of living and thought of the ecological issues. Make individuals more worry about the preservation of the earth, and bring out their heart to secure the earth. By in this way we can lessen the contamination, and improve condition. So changing new vehicles will likewise make the city looks prospering, diminish the fumes emanation, and make individuals more advantageous. In any case, each coin has different sides, the greatest drawback of purchasing new vehicles is it makes more removals of the old vehicles, which will end up being an immense weight of society. How would we manage these new removals, where should these old vehicles go to, and how would we disassemble them. There will be another condition issue develop for us to fathom. Likewise then again, individuals need to spend more cash on changing new vehicles, which will carry more weights to their lives. These are the most detriments we need to consider Taking everything into account, by breaking down the favorable circumstances and hindrances, I for one think it isn't the most ideal approach to improve the earth and decrease the contamination by buying new vehicles.
Saturday, August 22, 2020
The Molecular Formula for Water
The Molecular Formula for Water The sub-atomic equation for water is H2O. One particle of water comprises of one oxygen iota covalently attached to two hydrogen iotas. There are three isotopes of hydrogen. The standard synthetic recipe for water expect the hydrogen molecules comprise of the isotope protium (one proton, no neutrons). Substantial water is additionally conceivable, in which at least one of the molecules of hydrogen comprise of deuterium (image D) or tritium (image T). Different types of the synthetic recipe for water includeà D2O, DHO, T2O, and THO. Its hypothetically conceivable to frame TDO, albeit such a particle would be very uncommon. Albeit the vast majority expect water isà H2O, just totally unadulterated water needs different components and particles. Drinking water for the most part contains chlorine, silicates, magnesium, calcium, aluminum, sodium, and follow measures of different particles and atoms. Additionally, water breaks down itself, framing its ions,à H and OH-. An example of water contains the unblemished water particle alongside hydrogen cations and hydroxide anions.
Monday, July 27, 2020
What Does MS After Your Name Mean
What Does MS After Your Name Mean Student Resources Careers Print The Meaning of MS After a Name Why You Might Pursue a Master of Science Degree By Nancy Schimelpfening Nancy Schimelpfening, MS is the administrator for the non-profit depression support group Depression Sanctuary. Nancy has a lifetime of experience with depression, experiencing firsthand how devastating this illness can be. Learn about our editorial policy Nancy Schimelpfening Medically reviewed by Medically reviewed by Steven Gans, MD on January 11, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on February 24, 2020 Jose Luis Pelaez Inc / Getty Images More in Student Resources Careers APA Style and Writing Study Guides and Tips College degrees can be confusing because there are so many acronyms involved. If you meet someone with MS behind their name, it means they have obtained a Master of Science degree. It is a graduate-level degree that falls between a bachelors and a doctorate. As you might expect, this degree involves study in an area related to the sciences, such as chemistry, biology, or engineering. Another type of masters degree is a Master of Arts (MA), which involves study in topics such as English, the fine arts, or history. A masters degree in psychology, for example, is one step below a doctorate. While many people who earn an MS in psychology choose to pursue a doctorate, you dont necessarily need a masters to go for a Ph.D. or Psy.D. There are also career opportunities for individuals who choose to stick with an MS. Why Do People Complete a Masters? In order to get a masters degree, you need to demonstrate a high level of knowledge and skill within your chosen field. Those who obtain a masters in one of the sciences will generally first hold a bachelors degree in science (BS) before being accepted into a masters program. In addition, some programs allow students to complete a joint bachelors and masters degree. After completing a masters degree, some will proceed on to a doctoral program. People choose to complete a masters degree for many reasons. You might decide to pursue one if: You have a passion for that field of study.You are looking for career advancement.You have a desire to participate in research.You want to change to a different field of study.You are interested in networking opportunities.You have a desire for a greater challenge.Your job requirements or goals depend on a masters.You want to teach at the college level. What Does It Take to Get an MS? Work towards a masters degree may involve coursework or research alone or a combination of the two. Often, it involves writing and defending a thesis or doing some sort of research project. These are intended to be a representation of everything you learned in the program. Generally, it takes about two years to complete a masters degree if you attend classes on a full-time basis.?? However, most students are a bit older than their undergraduate counterparts and may already be in the workforce. Due to this, masters programs tend to be quite flexible and may take longer to complete. Many programs offer online and part-time courses as well as evening and weekend classes. MS in Psychology Typically, a student can choose between an MS or an MA in psychology, depending on your particular interest and career goals. Its more common for people to pursue a doctorate if they have an MS in psychology rather than an MA. With either degree, students can choose to focus on experimental, industrial-organizational, forensic, clinical, social, or child psychology.?? Generally, an MS in psychology is for individuals with an interest in the research or scientific side of psychology. It tends to be more oriented toward the study of how the brain works and how that relates to a persons behavior. There are many career paths available with an MS in psychology. It often leads to employment with the government or for businesses. The scope can include clinical research, data collection or analysis, consulting, or market research. Though you generally cannot teach at the university level without a doctorate, an MS may be acceptable for teaching psychology in a community college setting.?? An MS in counseling is also available and can have its own specialty. For example, you can choose to focus on substance abuse or mental health. You might also choose to work in family therapy or school counseling. A license is often required to work with patients. It varies from one state to another in the U.S., though most require you to go through an accredited school and some require a doctorate. If this is a path youd like to pursue, be sure to check on licensure requirements in your area.?? A Word From Verywell Deciding which degree program to pursue and how far you want to take your education is a big decision. It depends on the final goals you have for your career and this can change over time. Even if you dont get an MS now, you can choose to pursue it later. Speaking with your academic advisor can clarify your options and help you take the next step.
Friday, May 22, 2020
The Death of William Shakespeare Essay - 636 Words
The Death of William Shakespeare William Shakespeare is one of, if not the worlds most revered English writers. His works have inspired many to write and follow in his footsteps, and break new ground in terms of ingenuity and innovation. As described in The Anxiety of Influence, by Harold Bloom, that Shakespeares works will never be subjugated. His works could never be looked at as second best and should be praised for his enterprise.(Bloom) If we are to talk about the death of superlative writer of all time, we might as well start at the beginning of the end. The date is November 28th,1582, The Bishop of Worcester issues a marriage license to the young Bard of 18 years old, and to his newly wed wife, Anne Hathaway of 26 years old.â⬠¦show more contentâ⬠¦Hamnet and Judith, named after close friends of the two. Woefully young Hamnet Shakespeare died of unknown causes in August,1596, at the young of age of eleven. The events of his brief life are lost and or unrecorded. After all this Shakespeare starts to gain popularity after channeling his grief into his work. Almost a year later Shakespeare buys New Place, the second largest house in Stratford, thanks to his theater work and keen investments. Continually Shakespeares receives good fortune as writer Francis Meres publishes a raving review of Shakespeares work. Using Meres review we know that Shakespeare already has many playwrights composed such as, Romeo and Juliet, The Merchant of Venice and Richard II. In 1599 the famous Globe Theater is built by the Chamberlains Men, a wooden theater built in the heart in England. Here many of Shakespeares works were performed, including Hamlet and King Lear. During a long period of greatness darkness comes back with the death of Shakespeare father. The next few years take on an ominous tone, and the death of his father is believed to inspire him to write Hamlet. Shakespeare and The Kings Men begin to perform for more regal audience and later his plays begin to come back to a lighter mood. With the growing disease devouring London and drama, Shakespea re moves back to Staftford. With his wife and married daughters, Shakespeare returns to Staftford between 1610 and 1613. Here Shakespeare composes his finalShow MoreRelatedIs Death Inevitable? By William Shakespeare820 Words à |à 4 PagesIs Death Inevitable? Every living thing must die. It is physically impossible for a living person or organism to escape the face of death. On the other hand, one may argue that when someone or something dies their spirit and soul remains alive. William Shakespeare is a well-known poet who wrote many poems about love and death in his time. To be exact Shakespeare perished four hundred and thirteen years ago in year 1603; however, the real question should be à ¬Ã ¬Ã ¬did Shakespeare really die? Did ShakespeareRead MoreThe Death Of Hamlet By William Shakespeare1427 Words à |à 6 Pagesa ghost, Denmark is on the verge of damage. Directly following King Hamlet s death, the widowed Queen, Gertrude, remarried Claudius, the King s brother. Prince Hamlet optically discerns the joining together of his mother and uncle as a hasty and incestuous act (Charles Boyce, 232). He then ascertains that Claudius is responsible for his father s perfidious murder. His father s ghost asks Hamlet to avenge his death and Ha mlet concurs. He plans very punctiliously, ascertaining that he doesn tRead MoreThe Mystery Of Death By William Shakespeare1539 Words à |à 7 PagesOctober 2014 The Mystery of Death William Shakespeare, the writer of Hamlet and many other well known plays, begins quickly define the weight of his death. Revealing so much of the story in such a sort but clever way using symbolisms, imagery, and more . The rest of the soliloquy gives us much information on the play, and readers find themselves looking back at it periodically. Just this one Soliloquy expresses the developed thought of Hamlet very well: the mystery of death. his story with the mostRead MoreLove And Death By William Shakespeare924 Words à |à 4 PagesProbably the two most popular topics in poems or sonnets are about love or death. The brilliant William Shakespeare also considered England s national poet, was an English actor, poet, and playwright who is considered to be the greatest writer in the English language during the Renaissance era. He wrote thirty eight plays, one hundred and fifty four sonnets, and two long narrative poems. Many of Shakespeareââ¬â¢s sonnets, poems, and plays focuses on the topic of love including the Sonnet 116 ââ¬Å"Let meRead MoreThe Death Of Hamlet By William Shakespeare1522 Words à |à 7 PagesThere are only a handful of experiences that everyone must practice, and one of the most provocative is death. For some, death is fearfully avoided, but for others, it is constantly sought after. Suicide is a topic that impacts all kinds of people, so much so that it is often addressed in literature. For real people and fictional characters such as Shakespeareââ¬â¢s Hamlet, prince of Denmark, thoughts of self-harm are brought about by overwhelming emotions that became almost too heavy to handle aloneRead MoreThe Death Of Hamlet By William Shakespeare1494 Words à |à 6 Pagesactions, negative events will happen to them. A prime example of this ideology is found in the play Hamlet. Hamlet, written by William Shakespeare, was composed in 1601 following the death of Shakespeareââ¬â¢s son, Hamlet. The play focuses on the prince of Denmark, H amlet, as he discovers the truth about his father s death and the events that follow. Shortly after the death of Hamletââ¬â¢s father, Gertrude, Hamletââ¬â¢s mother, marries Hamletââ¬â¢s uncle, Claudius. Hamlet does not agree with the marriage of hisRead MoreThe Death Of Hamlet By William Shakespeare Essay2134 Words à |à 9 Pagesconsequences that could lead to many deaths including himself. Hamlet thirst for revenge clouds his judgements, which leads to drastic consequences. The feeling of revenge is a very strong and powerful tool that could be used on anyone, but if it is not used properly, it could cause destruction between blood and friendship. In William Shakespeareââ¬â¢s Hamlet, many of the characters in the play are bound to restore the familyââ¬â¢s honor by demanding vengeance. After the death of Hamletââ¬â¢s father; he become soRead MoreThe Death Of Macbeth By William Shakespeare1634 Words à |à 7 Pageswith terror and misfortunes. Macbeth portrays sickness throughout the play, infecting everyone who he comes in contact with. On the other hand Edward, the king of England, preserves and strengthens those who come to seek asylum within his kingdom. Shakespeare uses the imagery of sickness versus health to reveal the effects of evil through Macbeth and the effects of health through Edward, in his tragic play, Macbeth. The country is slowing increasing in sickness fueled by the actions of Macbeth. ThoseRead MoreThe Significance of Death and Sex to William Shakespeare1482 Words à |à 6 PagesThe Significance of Death and Sex to William Shakespeare In this essay, I will consider Death and Sin in Shakespearean drama and I would like to look at three of Shakespeares tragic plays: Hamlet, Othello and King Lear. Shakespeare uses many themes in all his play that attract audiences throughout history. The things he wrote about are as relevant now as they were in his time. Death and Sin were issues that are always around. In his plays, Shakespeare could comment on these things andRead MoreThe Death Of Hamlet By William Shakespeare1325 Words à |à 6 PagesDeath is the Key One rotten apple spoils the whole barrel. This saying means that one awful person or event can infect others and cause them to change also. This can be seen in Hamlet, when King Hamlet dies in the beginning of the play. Hamlet, like any other Shakespearean tradgedy, contains a series betrayal and death. Hamlet seeks revenge when his deceased fatherââ¬â¢s ghost tells him that his uncle, Claudius, murdered him. Since Hamletââ¬â¢s grief for his father was expressed more than any other character
Friday, May 8, 2020
Analysis Of Hewlett Packard And Dell Packard Enterprise
Breaking up is a hard thing to do; whether it is with a girlfriend or another company, the process is hurt a headache waiting to happen. However, due to hard times and demanding environments, business are choosing to ââ¬Å"de-mergeâ⬠to make a play on major change. Hewlett-Packard is a business that is quite familiar with these hard times. Not to say that theyââ¬â¢ve been struggling with selling their product, but keeping up with the times is something that H-P has not done the best of. At one time, Hewlett-Packard was leading the world in PC manufacturing for five straight years (Gartner, 2014). Why, after so much success in yearââ¬â¢s past, did HP decide that is was time for major change? Well, they figured that, by splitting HP into two separate companies, they would be giving each respective company its best chance of thriving. Now, instead of being Hewlett-Packard, the two companies are: HP Inc. and Hewlett-Packard Enterprise. Development and distributions of hardwar e for computers and printers is now the forte of HP Inc., while HP Enterprise will sell commercial computer systems, software, and tech services. CEO of HP, Meg Whitman stated, ââ¬Å"Today, Iââ¬â¢m more convinced than ever that this separation will create two compelling companies well positioned to win in the marketplace and to drive value for our stockholders, (Vanian, 2015). I believe that Whitman is right by saying this because by separating HP into two companies, this allows financial and human resources to be allocated toShow MoreRelatedSwot1246 Words à |à 5 PagesOctavia Brown MGMT303 ââ¬â Professor Runyon July 29th, 2011 SWOT Analysis Introduction Hewlett-Packard is a global technology company that provides various products, software, and services to a range of customers, including data storage, servers and solutions to business customers as well as a consulting services segment that offers information technology integration solutions for a range of technology issues. After its merger with Compaq, it became the worldââ¬â¢s biggest computer hardwareRead MoreHp Company Swot Analysis1075 Words à |à 5 PagesHewlett-Packard SWOT Analysis Strengths Hewlett-Packard is a global technology company and after its merger with Compaq it became world s biggest computer hardware and peripherals company in the world, ranking 20 in the Fortune 500 list. Company is doing business in more then 170 countries including the ones that are developing and under-developed. Being a large company gives HP many advantages like dominating the market for printers, both laser and inkjet, and both for consumersRead MoreHewlett Packard : Company Analysis2053 Words à |à 9 PagesCOMPANY ANALYSIS EXECUTIVE SUMMARY OF HEWLETT-PACKARD Hewlett Packard is a leading technology company that is headquartered in California, United States. It was established by Bill Hewlett and Dave Packard in 1939 and today, they primarily deliver a variety of software, products, and technologies to a broad range of corporate and individual consumers. (Wikipedia, 2014). â⬠¢ Mission The Mission of Hewlett Packard (HP) is: ââ¬Å"To provide products, services and solutions of the highest quality and deliverRead MoreSupply Chain Management of Hewlett Packard2165 Words à |à 9 PagesMGT 441 Supply Chain Management of Hewlett Packard and Dell Inc. Faculty Advisor: Gary Solomon Student: Luke P National University 2 August, 2012 Executive Summary Creating and maintaining a successful supply chain within a business can prove to be one of the largest challenges in developing a successful foundation. Learning the processes involved and understanding the approaches necessary to achieve success can be lessons studied over a life time; the possibleRead MoreThe Contributions Of Bill Hewlett And Dave Packard1570 Words à |à 7 PagesBill Hewlett and Dave Packard; who became friends in and graduates of Stanford University founded Hewlett-Packard. This corporation started in a nearby garage with the help of Frederick Terman, a past professor at Stanford. With a capital investment of $538 they was able to start Hewlett-Packard. On August 18, 1947 HP incorporated was formed; ten years later they went public. Their first successful product was a precision audio oscillator that was designed to produce and maintain telephones, radiosRead MoreComputer Manufacturing Industry Analysis Essay examples2676 Words à |à 11 Pages1. ENVIRONMENT AL ANALYSIS a. Definition of the Industry The following study presents a brief analysis of the Computer and Electronic Manufacturing Industry in the USA (NAICS 334 ââ¬â North American Industry Classification System) with special focus on the Personal Computerââ¬â¢s sub-sector. I made the decision to focus on just one of the sub-sectors due to the large scope of the general industry. ââ¬Å"Industries in the Computer and Electronic Product Manufacturing subsector group establishments thatRead MoreMicrosoft Packard Faces Intense Competition Essay1084 Words à |à 5 PagesTHREATS Intense competition Hewlett-Packard faces intense competition in all its business segments in terms of price, quality, brand, technology, reputation, distribution, range of products etc. The company faces stiff competition in the PC market. The company has become the market leader in the PC segment in the third and fourth quarter of 2006, relegating Dell to the second position. With Michael Dell returning as Chief Executive Officer, Dell is likely to come back strongly and make a fierce bidRead MoreHp Inc. : Company Description, Mission Or Purpose Statement, Or Mini History? Essay2060 Words à |à 9 Pages HP (Hewlett Packard) Company description, mission or purpose statement, or mini-history (Keep it very brief) Answer: HP Inc. (often known now as just HP) is an American technology company, created on November 1, 2015 as one of two successors of Hewlett-Packard, along with Hewlett Packard Enterprise. It develops and provides hardware, such as personal computers and printers. It is the legal successor of the old Hewlett-Packard. The split was structured so that Hewlett-Packard changed its nameRead MoreAssessment of Acers Divide and Conquer Strategy906 Words à |à 4 Pagescomponent expertise, depth of experience managing global electronics component supply chains, and well-planned acquisitions. Through a series of successful acquisitions, the company has four successful brands including Acer, eMachines, Gateway and Packard-Bell (DiDominico, Kartika, Sibeck, 1996). Of these three strategic areas that Acer excels in, their logistics and supply chain expertise across each of the geographies they compete in continue to deliver the greatest time-to-market and cost gainsRead MoreMkt 505 Assignment 11917 Words à |à 8 PagesBenjamin Bao 4/22/2012 By: Brandon Lamond Meadows By: Brandon Lamond Meadows ACER ANALYSIS ACER ANALYSIS ACER ANALYSIS Founded in Taiwan, Acer is a multinational manufacturer of electronics. They also happen to own the largest franchised personal computer retail chain that exists in Taipei, Taiwan. It is also the 3rd largest personal computer manufacturer in the world behind Hewlett Packard and Dell Incorporated. Their product line incorporates a variety of personal computer products
Wednesday, May 6, 2020
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 ââ¬Ëcontrary to statuteââ¬â¢. 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 employerââ¬â¢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 ââ¬â constructive dismissal ââ¬â 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 employerââ¬â¢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 employerââ¬â¢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) ââ¬â a) depends on whether in the circumstances (including the size and administrative resources of the employerââ¬â¢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 ââ¬â 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 employerââ¬â¢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 ââ¬â 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 ââ¬â 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 ââ¬â 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 employerââ¬â¢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 employeeââ¬â¢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 employeeââ¬â¢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 employeeââ¬â¢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 claimantââ¬â¢s net weekly wage, a multiplier related to his age and his yearââ¬â¢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 ââ¬â loss of future earnings ââ¬â 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 employeeââ¬â¢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 ââ¬â most recently by the punitive consequences of failing to comply with the statutory disciplinary procedure ââ¬â 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. , Selwynââ¬â¢s Law of Employment, (13th Ed. , 2004) Westlaw www. opsi. gov. uk How to cite Unfair Dismissal, Papers
Tuesday, April 28, 2020
More communication is not always better
Table of Contents Technical aspect Public aspect Conclusion Works Cited Magnitude in communication across all professional fields underscores the intent and purpose of such communication. In fact the history of communication has bent towards lesser communication that guarantees quality. In the field of art and design, two main aspects stand out in providing a generalization that justifies the case for lesser communication.Advertising We will write a custom essay sample on More communication is not always better specifically for you for only $16.05 $11/page Learn More Technical aspect The technical communication aspect refers to the tools that are used to develop and deliver the communicated message. The advancement in technology today has created and developed numerous communication channels. The traditional method of face to face communication has suffered numerous alterations that have revolutionalised the communication process. Every message has to be transmitted through a channel or media. The communication field has created room for different varying versions of similar or substantially different channels that have been adjusted to suit the professional requirements of the time. Technical communication entails the strategic and analytical use of machines or tools within the communication scope in their complex or simple versions. It involves extensive analysis of the results of language mathematics which provide a summary of the effectiveness of using a specific function of technology or the technology as a whole. It allows for the adjustment of such technology to meet the objectives of the profession and the purpose of its adoption. The more the number of channels available to the communicator the lesser the relative effectiveness of each channel (Andeweg et al pp 272). The technical aspect of communication in art and design provides a solution to the font verses type debate. There are numerous advanced deviations and versions of font styles available thanks to improvements in software technology. This development comes into conflict with the consumerââ¬â¢s knowledge of the specific font type. Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More For instance every other person is familiar with the font type Times New Roman. It is therefore quite easy to identify with the formal effect that has been associated with this font. However if there is more than one font in the massage even with the prominence off a single font the message looses the intended touch. Public aspect The public communication aspect engages the effects of language and numeracy related aspects of the communication process in the resultant interactive understanding and interpretation of a message by the target community context .The extent to which a communication device delivers the intended message within a limited amount of time (A ndeweg et al pp 271- 284). The public aspect engages in the application of mathematics in the analysis of the existing demands and needs of the public and the target of the communication initiative. The situation as it is allows for a very limited timeframe for a communicator to deliver their message. As it were the longest the communicator has in an active environment is one minute and this period could even be less depending on the substance of the communication effort (Caricato pp 496-514). The public communication aspect evaluates how well the message as a whole succeeds in informing the respondent of the message within the allowed timeframe without mis-informing or dis-informing such an individual. The art and design field has offered numerous alternatives in as far as pattern is concerned. Everyday someone comes up with a new pattern that they hope will override the place held by previous ones. Statistical analysis of the effect of use of more than one pattern indicates that the more the number of patterns in a communication devise the lesser the effectiveness the message has. People are more ready to understand simplistic patterns than where they are left to identify the collection of such patterns. This also applies in the application of colors. The more the number of colors used the lesser the effectiveness of the message.Advertising We will write a custom essay sample on More communication is not always better specifically for you for only $16.05 $11/page Learn More Conclusion More communication is not always better. This will depend on the various factors and interests that are represented in the communication process. This position however cuts across the general view. Works Cited Andeweg, Bas. de Jong, Jaap. Hoeken, Hans. ââ¬Å"May I have your attention?â⬠Exordial techniques in informative oral presentations. Technical Communication Quarterly, 1998. 7(3), 271- 284 Caricato, Josephine. ââ¬Å"Visuals for spe aking presentationsâ⬠An analysis of the presenterââ¬â¢s perspective of audience as a partner in visual design. Technical Communication, 2000. 47(4). 496-514. This essay on More communication is not always better was written and submitted by user Gregory Mclean to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
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