Population growth and natural resource availability Research Paper

Populace development and normal asset accessibility - Research Paper Example The mindfulness in regards to the need of the creation framework is expanding step by step so as to join the objectives of practical turn of events. For dealing with this it is significant that the normal assets are inexhaustible, as they are viewed as the markers for supportability of the monetary elements. This methodology shows that the regular assets are viewed as a connection among condition and social orders. The later subject in conversation identified with assets and populace development is viewed as the noteworthiness of the nature of condition which is estimated by the nonattendance of water and air contamination and the load of woodland in a specific district. As indicated by this view, condition may not be considered as a factor which restrains the efficiency with the extension of populace however it would prefer to be characterized as factor whose quality is debased with the expansion in populace. The growing populace expands the requirement for an arable land; it is a fundamental driver behind deforestation and furthermore supports the transformation of timberlands into land for utilizing it for various purposes. It is likewise viewed as the significant reason for air, water and land contamination. On the opposite side ecological debasement may force an impact on the common assets lessening the peripheral result of the work through advancing lower livelihoods (Hinrichsen and Robey ). Previously, the disturbing circumstance was viewed as the lessening of regular assets. There are numerous researchers who have been ascertaining that span till which the stores of oil and coal will last. Along these lines at present the collaboration among man and common habitat is viewed as a wellspring of caution. In each characteristic biological system, the expansion in populace forces an extraordinary weight on it. This weight turns out to be increasingly enormous if there should arise an occurrence of the human populace, as this expansion isn't simply numerical yet in addition brings along the enhancement and production of new needs. This subjective

Sleep Apnea Informative Speech Essays - Sleep Disorders, Sleep Apnea

Rest Apnea Informative Speech Title: Snoring is No Laughing Matter Theme: Sleep Apnea Disorder Explicit Purpose: To illuminate my crowd about the earnestness regarding rest apnea and how you can remember it just as treat it. Postulation Statement: Sleep Apnea, of every single dozing issue, is the well on the way to cause passing, yet it very well may be dealt with if the side effects are perceived. Presentation Consideration material: (With wheezing sounds in foundation) Does this sound recognizable? Do these sounds keep you up throughout the night? Is it accurate to say that you are a snorer? Assuming this is the case, you are most certainly not alone. A National Family Opinion Poll uncovered that 90 million individuals wheeze - 37 million all the time (CNS). Truly, it can a significant disturbance, however it can likewise be the consequence of an intense condition. Validity material: My father used to wake my family up and keep us up the entire night with his wheezing. It just appeared to get stronger and stronger. Annoying, since I, what's more, I'm certain a considerable lot of you, need my rest. The pants for air between what seemed as though snarls from a frightful started to stress my mom. In the wake of seeing a expert, my dad was determined to have a serious instance of rest apnea. Theory explanation: Sleep apnea is the most probable of every single resting issue to cause passing, in any case, it very well may be dealt with if the indications are perceived (Greenberg). (Progress: Sleep apnea influences 12 million Americans of different age, sexual orientation, and ethnicity. (ASAA)) BODY The word ?apnea? is the Greek word for ?without air?. At the point when somebody wheezes, there is an incomplete breakdown of the air section in the throat. Be that as it may, in victims of rest apnea, there is a finished obstacle to wind stream. The word ?apnea? is the real nonappearance of wind stream. It can last from 10 seconds to 2 minutes. One will for the most part have 300-500 apneas per night (CNS). In spite of the wind stream blockage, the individual despite everything attempts to breath, however no air passes through. This outcomes in an ?excitement?, or brief arousing, which is typically joined by a boisterous wheeze. The excitement opens the aviation route, and the individual breaths quickly for a brief timeframe. At that point, they have another apnea. This is a consistent cycle. Liquor and dozing drugs can impede one's capacity to have an ?excitement? also, may not wake up during the apnea. This is the means by which one may kick the bucket from this condition on the grounds that the absence of air can prompt hypoxia, or absence of oxygen getting to the mind (Krames). (Progress: Sleep apnea can likewise influence different everyday issues.) Victims always are unable to arrive at profound rest. Rest apnea brings about fretful sleepers. The condition additionally causes daytime tiredness, memory breaches, and touchiness. The unsettling influences in rest additionally lose the body's digestion and can cause corpulence. The most widely recognized victims are moderately aged overweight guys (CNS). (Change: Since this is a dynamic and life changing malady, it is significant to perceive the side effects so they can be dealt with.) Rest apnea can be treated by prosthetic gadgets and medical procedure. The most ordinarily utilized prosthetic gadget is the CPAP (Krames). The CPAP, or nasal Continuous Positive Airway Pressure, is comprised of a wind stream generator, adaptable hose, and nasal cover. It tenderly blows air into the throat to keep the air entry open. It is viable on practically all patients, yet it's anything but a fix. Medical procedure can likewise be utilized to treat rest apnea. This normally includes assuaging the nasal section of any hindrances. In some cases, ones delicate sense of taste, uvula, or pharynx are decreased or evacuated. (Change: Therefore, when mindful of the condition, the important advances ought to be taken to treat it.) End Outline: taking everything into account, on the off chance that you or somebody you know wheezes, don't suffocate out the clamor by covering your head in the cushions. Rather, tune in for the side effects of this startling condition and perhaps you can spare the life of somebody you care about. Closing comments: To discover more data about rest apnea, look for guidance from your primary care physician or an ear/nose/throat master. List of sources WORKS CONSULTED American Sleep Apnea Association, ?Information About Sleep Apnea,? http:/www.sleepapnea.org. Undated posting. Downloaded November 2, 2000. Greenberg, Joel. ?The Aging of Sleep,? Science News. 1 July 1978: 10-12. CNS Inc., ?Snoring: Causes and Treatments.? Minneapolis, Minnesota, 1996. Krames Communications. ?Wheezing and Sleep Apnea.? San Bruno, CA, 1995. Discourse and Communications

The Newly Renovated State Farm Center and Illini Basketball

The Newly Renovated State Farm Center and Illini Basketball This past Tuesday, I was lucky enough to receive a free ticket from a friend to go to the Illini mens basketball game. They were playing our Big Ten foe, Rutgers  University. It was my first time going, and I got to join my two roommates in the Orange Krush. Orange Krush is the name of the student section that cheers on the Illini Mens Basketball Team. I highly recommend joining it because you get to meet other Illini fans and get a closer look at the team that you wouldnt get if you were just a typical Illini fan. The Orange Krush also raise money for local philanthropist groups, so it is a great opportunity to give back to the community, all while cheering on the Illini! Source: Alchetron.com The State Farm Center is the basketball arena for the Illini. A huge renovation project began in 2014 and finished in late 2016, and I finally had the chance to check it out. I must admit that they did a really great job. The coolest upgrade is the addition of an Illini Sports Hall of Fame. Its basically a mini-museum of Illini basketball memorabilia  from the great Illini basketball teams. The 2005 mens basketball team is featured. They went to the NCAA Final Four and championship game, and the Illini Sports Hall of Fame features tons of trophies from that year. It made me feel really nostalgic for my years as a little kid cheering on the Illini. Even if you arent too big of a basketball fan, its still a sight to see. It made me appreciate the history of the basketball program. Source: Scad.edu The game itself was super exciting. I was glad to see our new head basketball coach, Brad Underwood. He was the head coach over at Oklahoma State and was rather successful there. He took his team to the NCAA Tournament during March Madness, so we have high hopes for the team this year. Source: YouTube It was also Deron Williams bobblehead night. Guess who made a special appearance? Deron Williams! One of the best players in Illini basketball history and three-time NBA All-Star! He was on the famous 2005 basketball team that I mentioned earlier. It was so cool to see that he remembers where he came from and and that he still cheers for the Illini. Source: Herald Review I experienced a great fan environment while sitting in the Orange Krush section. The students had such awesome enthusiasm for the team, and they got really passionate about the game. We ended up beating Rutgers by 20 points! It definitely  made me want to go to the rest of the games this season. After all, it is my last semester. Source: Own photo Daniel Class of 2018 I’m an Advertising major in the College of Media. I’m from a northwest suburb of Chicago called Buffalo Grove. I chose Illinois because it was the first university in the entire world to offer an Advertising major, which is pretty cool!

Significance Of Native Americans And The Euro Americans

Throughout history the problem that led to the destruction of Native Americans appear to be misunderstanding the concept of land. The Indians practiced â€Å"the communal and family basis of life† (447). That means they believe in a collective or tribal land ownership. Their view is that the entire community owns the land they lived on. Whereas for Euro-American settlers, land is more of a private or individualistic in nature. This essay will explain the importance of land to the Natives and the Euro-Americans using the five topics: Cahokia, Worcester v. Georgia, The Dawes Act, The Indian Reorganization Act and Sacred land issues. These topics are a representative of American Indian history from early pre-contact civilization of Cahokia to the†¦show more content†¦In the late twentieth century archaeologists found â€Å"a planned city that include pyramid mounds of packed earth arranged around huge open plazas, temples and astronomical observations† (35). While this description shows how Cahokia was the center of Native Americans social, political, economic and religious activity, it was not unique. There were many evidences about Native communities along the Mississippi river valley (32-34). However, by any measure of civilization, Cahokia was the largest of all. It has flourished longer than the U.S. has existed as a nation and the decline took place before Europeans set foot in America (36). When English colonists first arrived in North America, they did not witness the great mounds of Cahokia and its culture, but they saw organized Native communities (69). However, the settlers ignored this culture. According to the document titled â€Å"Dismantling Tribes and Their Homelands†, the Anglo-Saxon protestant settlers were convinced of their superiority that they saw little or no value in Indian Civilization (448). They believed that Indians will be swallowed up by American society and tribes would soon cease to exist. They translated this prejudice into further action systematically. The result was a gradual disappearance of Native Americans through misery, forced migration and catastrophic diseases. The Worcester v. Georgia Supreme Court case also

Categorising of employees - Free Essay Example

Sample details Pages: 10 Words: 2875 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Tags: Act Essay Did you like this example? LL.B (Wales) à ¢Ã¢â€š ¬Ã¢â‚¬Å" Employment Law Semester II à ¢Ã¢â€š ¬Ã¢â‚¬Å" Year III by Charis Lapertas Identify the definitions contained in section 230 Employment Rights Act 1996 and explain how statutes categorise those who are employees, workers, or otherwise engaged in the provision of services. The accurate and consistent interpretation of employment status of individuals insufficiently clear and userà ¢Ã¢â€š ¬Ã¢â‚¬Å"unfriendly as it may be, is of supreme importance in order to determine both their access to statutory rights but also to define the contractual arrangements under which such persons work. Although, as mentioned earlier, unclear and user unfriendly, may be, the employment status interpretation helps to determine who is responsible for matters such as liability for tax, national insurance contribution, injuries at the workplace or damages caused to others, what contractual rights the company is entitled in controlling the workersà ¢Ã¢â€š ¬Ã¢â€ž ¢ activities and what statutory rights as unfair dismissal, redundancy compensation, maternity rights, etc. Hence, working individuals wrongly defined whether innocently, by negligence or deliberately may be excluded from benefits or important rights at work. Don’t waste time! Our writers will create an original "Categorising of employees" essay for you Create order This statutory definition, broad as it may be, provides the necessary discretion of the judiciary to upgrade the law in view of the social and employment changes in such relationships.[1] Accordingly three broad categories/terms are used to describe the employment status of working people and classify them. According to the s 230 of the Employment Rights Act 1996 working people are classified as (a) employees (b) workers and (c) self-employed. The first type of employment is that of à ¢Ã¢â€š ¬Ã…“employeeà ¢Ã¢â€š ¬Ã‚  s 230 (1) who is defined as à ¢Ã¢â€š ¬Ã…“an individual who has entered into or works under (or where the employment has ceased worked under) à ¢Ã¢â€š ¬Ã‚ ¦ a contract of employment that is defined as a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.à ¢Ã¢â€š ¬Ã‚  [2] The question whether a working individual is an employee or not can have serious implications on the rights he is enti tled to. Most working people have a contract of employment and are employees or, in the old-fashioned word still very occasionally used by some members of the judiciary until recently, servants. A builder building an extension to a house, a watch maker repairing a watch, or a plumber mending a tap are, however, more likely to be engaged on contracts for services that is, to be independent contractor.[3] The main traditional distinction centres around: (1) a contract of services (employee) and (2) a contract for services (independent contractor).[4] The second type of employment under which an individual (excluding à ¢Ã¢â€š ¬Ã…“shopworkerà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“betting workerà ¢Ã¢â€š ¬Ã‚ ) may be engaged is that of à ¢Ã¢â€š ¬Ã…“workerà ¢Ã¢â€š ¬Ã‚  as created by Statute. As defined in ERA 1996, s 230 (3) a worker is à ¢Ã¢â€š ¬Ã…“an individual who has entered into or works under a contract of employment or any other contract express or implied and (if it is expressed) whether oral or in writing whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of day profession or business undertaking carried on by the individual.à ¢Ã¢â€š ¬Ã‚  [5] This particular group of working individuals are entitled to some rights such as the right not to suffer unlawful deductions from pay. As mentioned earlier, an employee is someone who has entered or works under an  employment contract. Although all employees are workers, an employee has extra employment rights and responsibilities, which donà ¢Ã¢â€š ¬Ã¢â€ž ¢t apply to workers who arenà ¢Ã¢â€š ¬Ã¢â€ž ¢t employees. On the other hand, a person is generally classed as a worker if: they have a  contract  or other agreement to do certain work or services personally for a reward whereby a contract doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have to be written, their reward is for mo ney or a benefit in kind, e.g. the promise of a contract or future work, they only have a limited right to assign the work to someone else (à ¢Ã¢â€š ¬Ã‹Å"subcontractà ¢Ã¢â€š ¬Ã¢â€ž ¢), they have to appear whether want to or not, their employer has to have work for them to do for the duration of the contract or arrangements made, they arenà ¢Ã¢â€š ¬Ã¢â€ž ¢t doing the work as part of their own limited company in an arrangement where the à ¢Ã¢â€š ¬Ã‹Å"employerà ¢Ã¢â€š ¬Ã¢â€ž ¢ is actually a customer or client. The third type of employment status under which individuals may be classified is that of à ¢Ã¢â€š ¬Ã…“self-employed.à ¢Ã¢â€š ¬Ã‚  Self-employed, are individuals who are in business for themselves. They have no contract of employment with employers, they are their own boss, they may be contractual to provide services over certain time for fee, pay their income tax and national insurance contributions. They have no employment rights, since they decide how much to charg e or when and how much holiday to take, they cannot be discriminated against and they are entitled to healthy and safe of working environment on their clientsà ¢Ã¢â€š ¬Ã¢â€ž ¢ premises.[6] Servants, employees, workers, independent contractors, workers on the lump, agency staff, part-time workers, temporary workers, zero-hours contract working, self-employed workers, homeworking, teleworking, etc, the list is endless.It is exactly the nature of labour, the ways working patterns and relationships have developed that has caused difficulties in establishing a clear definition of employment status. This diversity of relations, with atypical forms of working becoming ever more typical,and new forms of business structures with agency work and bi-lateral, trilateral and even quadrilateral relationships coming to the attention of the courts (Evans v Parasol and another[2009] UKEAT 0536/08/2307), has made establishing clear rules even more problematic.[7] A variety of tests were develo ped by the courts in an effort to determine whether someone is employed or self employed. The numerous tests that have been developed are evidence that it is difficult to categorise working individuals. One of the main reasons for the numerous tests is the speed in which employment changes and, therefore, the courts have to constantly update their methods in order to accommodate the change. Moreover, many forms of employment, facts, arguments, policies, have been traversed by the courts and as a result attempts to revise, refine and upgrade were made in an effort to assist both the courts and the parties in their efforts to determine the employment status of working individuals more effectively and reliably. The main tests developed by the courts can be briefly summarized in chronological order, since the courts had difficulty in categorising working individuals in the constantly changing employment environment as follows.[8] The first test used to determine whether someone wa s an employee was the control test. It originates in the case of Yemens v Noakes (1881) focused entirely upon the degree of control the employer had over the worker, a large measure of control, i.e. where it could be said that the employer could stipulate not only what was to be done but how it was to be done, indicated a contract of employment, given that the exercise by lesser control would lead to self-employment.[9] Further, complications with this test arose with the increase in skill professions such as doctors, nurses; etc. The control test was taken to its logical conclusion when a court held that nurses were not employees of a hospital when carrying out duties in the operating surgeon and not from the hospital authorities, Hillyer v Governors of St Bartholomewà ¢Ã¢â€š ¬Ã¢â€ž ¢s Hospital (1909). This rigidity led to criticism in Lindsey County Council v Mary Marshal (1937). As the pace of technological change hastened, it became obviously unrealistic to conceive of the e mployer having the knowledge to control many of its increasingly highly skilled employees. Consider for example the case of a surgeon, a research chemist, or an airline pilot, whose know-how is far beyond that of their employers. The breakthrough towards a more realistic approach came in a series of cases round 1950à ¢Ã¢â€š ¬Ã¢â€ž ¢s in which hospitals were held vicariously liable for the acts of surgeons, radiographers and other specialist (for example Cassidy v Ministry of Health (1951)). It would be a mistake, however, to think that this was a change brought about entirely by technological and other forms of advance, (Wedderburn, Lewis and Clark). Very early cases were often concerned with employees who were more skilled than their employers.[10] However, in the middle of the last century, the courts were reluctant to disregard the element of control, and the result was that it became one of a number of factors, although sometimes still the determining one (see Montgomery v J ohnson Underwood Ltd, 2001). Thus Lord Thankerton, in Short v J W. HendersonLtd (1946), looked at whether the putative master had the power of selection of this servant, the right to control the method of doing the work, and the right of suspension and dismissal. Only if these plus other relevant questions, such as form of employment (full-time or part-time), self-employed temporary workers, wages or other remuneration, existence of employment contract, etc, were answered convincingly, would a contract of employment exist. As these notions developed, two general criteria that of integration and that of economic reality came into use.[11] The integration test set out in 1952, where Denning LJ considered that the most critical question was whether the person under consideration was fully integrated into the employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s organisation, Srevenson Jordan and Harrison Ltd v Macdonald and Evans (1952). A chauffeur, a shipà ¢Ã¢â€š ¬Ã¢â€ž ¢s master and a reporter on the st aff of a newspaper were thus all employed under a contract of service and were, therefore, employees, but a shipà ¢Ã¢â€š ¬Ã¢â€ž ¢s captain, a taxi driver and a newspaper contributor were hired under a contract for services and were, therefore, independent contractors. He detected that: à ¢Ã¢â€š ¬Ã…“one feature which seems to run through the instances is that, under a contract of service a man is employed as part of the business and his work is done as an integral part of the business but under a contract for services his work, although done for the business is not integrated into it but only accessory to it.à ¢Ã¢â€š ¬Ã‚  In a later case, Bank voor Handel en Scheepvaard NV v Slatford (1953), reversed by the House of Lords (1954), Denning LJ reformulated the question of whether the worker was part and parcel of the employers organisation. The great drawback of this approach lies in its failure to define exactly the meaning of integration and organisation. Indeed, it has been doubted whether Denning intended to lay down such a test more on a desire to retain the control test than on a correct interpretation of the judgement in Stevenson itself.[12] This led to the 1960s. The judiciary recognised that no single test or set of criteria can be decisive and began to identify more sophisticated tests in recognition of the increasing complexity and diversity of an educated, professional workforce. Thus, the adoption of something similar to the American notion of an economic reality composite test clearly illustrated as applied in the most significant case Ready-Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance[1968]. Following a question as to who was responsible for the payment of tax and National Insurance contributions of so-called owner drivers, McKenna J identified the following three questions for a contract of service: (a) The servant agrees that, in consideration of a wage or other remuneration, he will provide his own wo rk and skill in the performance of some service for his master; (b) He agrees, expressly or impliedly, that in the performance of that service he will be subject to the others control (implied submission to control) in a sufficient degree to make that other master; and (c) The other provisions of the contract are consistent with its being a contract of service (nothing inconsistent with employment).[13] On the facts, his Lordship decided that the workers were independent contractors, most particularly because the third test (c) was not satisfied since most of the terms pointed to a contract of service. Moreover, in Hall v Lorimer [1994], LJ Nolan says that à ¢Ã¢â€š ¬Ã…“it implies a test of economic dependence, in the sense that employee status is the result of the extent to which the individual is dependent or independent of a particular paymaster for the financial exploitation of his talent.à ¢Ã¢â€š ¬Ã‚ [14] However, in practice, it may not always be possible to identify the genuine self-employed. Some self-employed may have a relationship of economic dependence on an employer.[15] With the advent of the flexible workforce, courts have faced new problems in deciding the nature of the relationship between parties where the worker (e.g. workers, homeworkers and some catering workers) regularly although not continuously performs certain tasks for the employer.The difficulty is that while the work is done regularly, and there is an expectation that it will continue to be offered to and performed by the same people in the future, there is no binding legal obligation either on the employer to offer it or on the workers to perform it in the future. This has led to much judicial discussion of whether mutuality of obligation is a necessary factor for the existence of an employment contract.[16] The issue arose directly, however, in Oà ¢Ã¢â€š ¬Ã¢â€ž ¢kelly v Trusthouse Forte [1983], where the industrial tribunal held that there was no legal mutual obl igation, although the economic power of the employer and corresponding weakness of the workers meant that in practice the workers were obliged to accept work when it was offered. Largely because of this, they held that the workers were not employees, a decision upheld eventually by the Court of Appeal.[17] It is necessary that mutuality of obligation exist in order for a contract of service to arise. This fundamental point was stressed by the Court of Appeal in Clark v Oxfordshire Health Authority [1998]. It was held that the nurse was was not an employee because there was no mutuality of obligation since she could refuse work as she wished. In the case of Carmichael v National Power plc [2000] Lord Irvine LC said it was necessary to consider not only the documents but also the way in which the relationship had worked in practice in deciding that, outside the period of actual work, there was no irreducible minimum of obligation on the part of the two parties so that no relationsh ip of employment was created.[18] The experience of using the tests examined above has shown the courts that it is not possible to focus on one particular aspect of the working relationship and to use that to determine whether or not there is an employment relationship. On that basis, the most commonly used test in the courts today is the multiple test. In using the multiple test the courts look at every aspect of the relationship as described, and use them to determine the nature of that relationship. This is best illustrated in the case of Ready-Mixed Concrete v Minister of Pensions (1968) which was analysed above.[19] Accordingly, the Court of Appeal has stated that any decision on employee status does not involve a mechanical checking off of factors. An overall view must be taken of the facts and circumstances (including whether or not the individual makes his or her own arrangements for tax and social security contributions). This overall view would involve weighing the s ignificance of particular factors and considering, if appropriate, the intentions of the parties of their behaviour. No factor is seen as sufficient in itself. Nevertheless, control, the payment of wages and mutuality of obligation are seen as essential in Hall (Inspector of Taxes) v Lorimer (1994).[20] Most employers expect that both employees and workers will personally undertake the work offered. The implication is that if there is no personal service then the person may be self-employed. However, in case law, there have been specific rulings which suggest that the issue is not clear-cut. In Express Echo Publications v Tanton [1999] the Court of Appeal ruled that: à ¢Ã¢â€š ¬Ã…“an irreducible minimum for their being a contract of employment is personal service; and that a provision in a contract allowing the substitution of a suitable person was fatal to him acquiring status as an employee.à ¢Ã¢â€š ¬Ã‚  Further, continuity of service is significant in three related res pects, (a) considering a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s status as an employee; (b) access to statutory rights, which may be service-related and (c) qualifying for employment benefits under a contract of employment (e.g. enhanced holiday entitlements, sick pay, access to flexible benefits).[21] From the above it can be argued that the employment relationship is contractual and two types of employment status have traditionally existed, that of the employee and that of the self-employed. However, the rise of the a-typical worker has led to the emergence of a third à ¢Ã¢â€š ¬Ã…“workerà ¢Ã¢â€š ¬Ã‚  category. This has created an additional tier which has made some workers more equal than others. Key issues for the employment relationship are determining who is an employee and who is a worker. A number of problems with both definitions of the categories and the current tests applied in case law have identified the need of reform to bring greater clarity and ensure consistency. [1] https://webjcli.org [2] https://www.thefriendlyemploymentlawyer.co.uk [3] Honeyball, S. (2012) Employment Law, 12th edition, Oxford University Press [4] Lecture handouts [5] Ibid 2 [6] www.gov.uk/employment-status [7] Ibid 4 [8] Ibid 4 [9] Ibid 4 [10] Ibid 3 at pg. 24-25 [11] Ibid 3 at pg. 25 [12] Bowers, J, 2002, Bowers on Employment Law, 6th edition, Oxford University Press, at pg. 15 [13] Ibid 3 at pg. 26 [14] Ibid 4 [15] Ibid 4 [16] Pitt, G, 1992, Employment Law, 1st edition, Sweet Maxwell, at pg. 48 [17] Ibid 16 at pg. 49-50 [18] Ibid 12 at pg. 23 [19] https://www.cipd.co.uk [20] Ibid 4 [21] Ibid 4

Walmart’s Key HR Functions Underperforming Free Essays

string(29) " those in the US and the UK\." Introduction The success of any organization depends on its strategic asset, the human capital. As pointed out by Lawler (1996), organization’s competitive advantage comes from its human capital. Efficient management of this resource can bring significant benefits to the company. We will write a custom essay sample on Walmart’s Key HR Functions Underperforming or any similar topic only for you Order Now It should be remembered that motivation is the epicenter of performance and an important factor ensuring the success of a company. Improving workplace productivity however remains a major challenge in most companies. In this regard, this study explores the human resource management approach at Wal-Mart. It identifies the ways in which two HR functions (employee motivation and employee performance practices) are underperforming. This includes a brief account of how the functions operate within the organization, how they are applied and what the outcomes for the business are given that they are underperforming. The paper evaluates why these particular functions are considered to be underperforming using Herzberg’s motivator Hygiene Theory. Further the paper makes some recommendations for improvement of these HRM practices and the benefits to the company. What is human resource management? Human resource management encompasses all activities associated with management of the human capital and in ways towards achieving the corporate goal or objective. In any organization, the human resource department plays a crucial role. Not only are HR managers required to recruit and train employees, but they also have the obligation of motivating and engaging the workforce. Understanding what motivates the employee and ensuring good employee employment practices is key for talent retention and performance (Lockwood et al. 2010). Regardless of the economic environment, it is imperative for companies to create an engaged and motivated workforce. Underperformance in the workplace has recently been a major concern in Wal-Mart stores. According to a new research report by Wolfe research, an equities research firm, Wal-Mart has been underperforming over the past years. The firm lowered Wal-Mart from a â€Å"market perform† rating to an â€Å"underperform† rating (Covert, 2014). Failure by Wal-Mart has been attributed to their poor employment practices especially low wages and lack of rewards. Whereas Wal-Mart may not be the only big store chain criticized for its poor employment practices and policies, it has come to the spotlight owing to its aggressive policies and low cost strategy which undermines the effort made by employees. Just last year, a lawsuit was filed against Wal-Mart by the international Labour Rights Fund for requiring overtime, denying minimum wage and punishing union activity (Covert 2012). This is clearly a violation of worker’s rights. Wal-Mart which was initially a corporate fortress seems to be headed to a downfall. Even its operations in the US indicate the possibility of a failure in the giant retailer. More recently, Wal-Mart warned its investors that its comparable store sales may be slightly negative after the third quarter. This is also evident in the huge layoff of 2300 workers at Sam’s club, one of its stores. The layoff was attributed to their poor performance. Whereas Wal-Mart still remains the corporate fortress in the retail sector due to its massive size, its underperformance in the US and emerging markets indicate the possibility of a failure in the near future. Walmart’s bad business practices Wal-Mart has on several accounts been criticized for poor wages. Why should employees suffer in one of the giant retail stores that make billions of profit annuallyWal-Mart is ranked among the best 100 corporations by Forbes magazine yet most of its employees take on average less than $250 a week. Full-time employees are paid between $6 and $7.50 an hour. A further a third of the employees who are part-time are limited to working up to 28 hours a week and are not eligible for benefits. Such pay scale places them and their families below the poverty line. The lack of rewards demotivates and discourages them from performing well. Perhaps Wal-Marts bad business practices are more evident with the Rana Plaza tragedy which led to the loss of over 1000 lives. The tragedy exposed some of the profound flaws in the industry. Rana Plaza produced private garments for some of the giant retailers including Wal-Mart. Evidence provided by the Bangladesh center for Worker Solidarity showed that Wal-Mart had been producing its garments in Ether Tex factory situated on the 5th floor of the building (Steven 2013). Some documents were found in the rubble detailing purchase orders for certain garments which were to be delivered to Wal-Mart. Further, at the time of the tragedy, Wal-Mart was already listed in Ether Tex’s website as one of the main customer. Although Wal-Mart denied knowledge of their operations at the factory building, it announced its plans to put in place new safety measures at some of their factories in Bangladesh. The corporate fortress, however, promised to stop production if urgent safety problems were uncovered at some of its factories. The company further assured the Bangladeshi government of their support and commitment towards improving workplace safety. But the company stopped short of committing to these improvements and distanced itself from the Rana Plaza tragedy. This is a clear example of bad business practice. Why these particular functions are considered to be underperforming Last year, Wal-Mart reported $11 billion in net income yet it has not been able to remedy some of its questionable workplace practices. Wal-Mart has been filed in over 5,000 lawsuits for poor employment practices such as inadequate health care, wage law violations, worker exploitation and their anti-union retailer stance. Wal-Mart anti-union stance can be seen in their recent threat to close one of its stores in Quebec after workers successfully unionized. Citing ‘economic reasons’; Wal-Mart announced their plans on shutting the store. However, this argument was rejected by Quebec’s labor relations and Wal-Mart’s firings found illegal. Further, the move to extend operations to overseas markets including setting up factories in emerging markets such as Bangladesh and China was driven by the desire to take advantage of cheap labour. For example, Wal-Mart pays much less its employees in China compared to those in the US and the UK. You read "Walmart’s Key HR Functions Underperforming" in category "Essay examples" A further criticism has been the lack of employment benefits. Part-time employees are limited to working up to 28 hours a week and are not eligible for benefits. While, workers who are eligible for benefits pay way over the odds to get health insurance and other benefits. The company has often come under criticism for not providing employees with affordable access to health care and employees are overburdened. For example, in 1999, 36% of the total costs were paid by the employees. In 2001, there was a 42% rise in employee burden. The health of its employees has been deteriorating at a faster rate. According to the company’s internal memo discovered by New York Times, Wal-Mart workers were sicker compared to the national population. This begs the question: Why can’t such a giant corporation provide its workers medical retirement benefits given the huge profits that they makeThis question was once raised by one of Wal-Mart’s managers only to be fired by the CEO and reasons of disloyalty cited as the reason for being quitted. (Jordan 2008). As Michael Porter (1980) once pointed out that a company would rely on three basic competitive strategies to maintain their edge in the market: differentiation, cost leadership, and focus strategy. Wal-Mart has obviously taken the cost-leadership strategy by reducing the cost of recruitment, providing low pay, no rewards, requiring overtime, and cheap children labors. It currently faces a barrage of lawsuits for extensive violations of labour laws. Wal-Mart also faces law suits for extensive violations of state regulations that require time for breaks and meals. In some instances, minors are forced to work late for the performance appraising. Outcomes for business Wal-Mart may be headed for a downfall. Its customer service is already low and their low-cost strategy has led to many cut offs of employees. Since recession, Wal-Mart has been cutting down on their staff. Without enough manpower for their retail operations and with workers on site underpaid, its merchandize remains stacked on pallets in warehouses instead of the shelves where customers can reach them. What then is the value of offering lower prices if the products are not accessible to the customers? Further, the check-out lines are painfully long and there seems to be a decline in the overall customer shopping experience. Customer shopping experience has been deteriorating due to the longer checkout lines, disorganization and less staff help. Last year, the giant retailer was placed last among in the American Customer Satisfaction Index, a six year in a row in which Wal-Mart has taken the last spot (Ungar 2013). Lessons must be learnt from the experience of the other low end retailers. McDonald’s earnings have fallen significantly due to their poor terms of employment. Similarly, Wal-Mart needs to consider the potential upside of their aggressive policies. Despite the poor employment practices, Wal-Mart still remains among the leading retail giants. Its remains ahead of its competitors such as Target and JC penny. However, Wal-Mart faces a threat from Costco, its primary competitor. Costco has been experiencing a fairly healthy 8% growth in annual sales (Ungar 2013). In fact, a significant number of customers are moving to this retailer for their shopping experience. Could this be attributed to the good employment practices at CostcoUnlike Wal-Mart, employees at Costco get a decent living and are paid in excess of the minimum wage. Given the aggressive HR policies employed by Wal-Mart, it begs the question: what then is the role of HR managers in this companySince, as HR professionals, they are required to put in place strategies oriented towards the employees. To some point, however, employees seem to be encouraged to think of themselves as ‘servant leaders’. For example, employees are called â€Å"associates† showing that the company values their contribution. Such kinds of HR policies are employed in most of the best performing companies. These policies and practices serve to motivate employees to increase their performance and can aid in developing good corporate culture. However, employees may not feel appreciated if they are paid less than minimum wages and denied rewards and opportunities for professional growth. There seem to be no opportunities for enhancement and professional growth. Wal-Mart does very little training and developments of its human resources and as such, opportunities for enhancement of professions especially for women are limited. In fact, several claims have been filed against Wal-Mart for discriminating against women in terms of employment positions and the lack of opportunities for advancement. Improving employee motivation and employment practices at Wal-Mart As HR professionals continue to seek bright, talented and highly engaged workforce, motivational theories can provide insights on how Wal-Mart can improve employee motivation and engagement. Several motivational theories have been suggested including the Expectancy Theory, Maslow’s Hierarchy of Needs theory, Herzberg’s motivator Hygiene Theory, Goal Setting Theory, and Equity theory (Lockwood et al. 2010) Herzberg’s motivator Hygiene Theory is perhaps more applicable to the case of Wal-Mart. The theory suggests that two main factors must be met for employees to become satisfied with work. These are: the hygiene factors and motivator factors. The hygiene factors include meeting the basic needs such as adequate pay, comfortable working environment, effective supervision and good relationships with the core workers. On the other hand, motivation factors include advancement and professional growth, and rewards or opportunities for recognition (lockwood et al. 2010) Wal-Mart needs to consider applying the two-factor theory of motivation if they are to improve on the performance of their employees. They need to revamp their policies, increase the salary of their employees, and the safety and security of the employees. Further, they need to consider motivators that are intrinsic to the job which include providing rewards for achievement and increasing their growth opportunities. Pundits, policymakers and activists outraged by the company’s low wages have been calling for protests. According to Robert Reich, a professor at U.C. Berkeley, Walmart’s net income is estimated at $17 billion meaning that they can easily afford to give its workers a small pay-rise (Atner 2013). The Chancellor professor of public policy has in fact urged shoppers to boycott Wal-Mart since they do not want to share even a little bit of their income with their employees (Atner 2013). Conclusion In today’s highly competitive marketplace, motivation of employees and employing the best employment practices is key to success. Underperformance in the workplace has recently been a major concern in Wal-Mart stores. Several lawsuits have been filed against Wal-Mart for violation of worker’s rights including low wages, lack of employment benefits, being required to work overtime and denied to participate in union activity. Bad employment practices are clearly evident in Wal-Mart. This has affects employee productivity as it demoralizes and demotivates them. Wal-Mart needs to consider applying the two-factor theory of motivation if they are to improve on the performance of their employees. Incentives are key to maintaining a motivated workforce and ensuring business success. Appraising and offering hardworking employee with incentives will motivate them to go the extra mile of putting the company first. Employee valuations need to be implemented and growth opportunities made plenty. HR managers at walmart need to understand the benefits of employee motivation and engagement. By sharing their profit, employees will feel appreciated and more passionate about their work. Ultimately, this will result in improved performance and greater customer satisfaction Reference Ciura, B., 2014. Is Wal-Mart’s empire about to failViewed on 29th March 2014. Available from http://www.fool.com/investing/general/2014/02/01/is-wal-marts-empire-about-to-fall.aspx Covert, B., 2014. Walmart’s labor practices backfire. Viewed on 29th March 2014. Available from http://thinkprogress.org/economy/2014/02/10/3271221/walmart-downgraded-understaffing/ Gusdorf, M.L. and Reed, S.M., 2009. The role of mission and values in strategic human resource management. Society for Human Resource Management. Jordan, T., 2014. The good, the bad and Wal-Mart. Workplacefairness Lockwood, N., Anderson, C., Fiester, M. and Samers, K., 2010. ‘Motivation in today’s workplace: the link to performance’. Research Quarterly. The Society for Human Resource Management Rasouli, R., 2013. ‘Modelling the impact of HRM practices on knowledge workers’ job satisfaction and intention to stay: re-examining the Herzberg’s two-factor theory of motivation’. World of Sciences Journal Steven, G., 2013. As firms line up on factories, Wal-Mart plans solo effort. Viewed on 29th March 2013. available from http://www.nytimes.com/2013/05/15/business/six-retailers-join-bangladesh-factory-pact.html?pagewanted=all_r=0 Thomasson, E., 2014. Bangladesh factory inspections highlight safety risks as anniversary of Rana Plaza tragedy looms. Retail Marketing. Ungar, R., 2013. Wal-Mart pays workers poorly and sinks while Costco pays workers well and sails-proof that you get what you pay for. {Viewed on 30th March 2014} available fromhttp://www.forbes.com/sites/rickungar/2013/04/17/walmart-pays-workers-poorly-and-sinks-while-costco-pays-workers-well-and-sails-proof-that-you-get-what-you-pay-for/ How to cite Walmart’s Key HR Functions Underperforming, Essay examples

A Separate Piece Literary Essay free essay sample

In this book two boys named Gene and Finny are attending an establishment at Devon; the boys quickly bond but when Gene starts to get jealous he ends up killing his best friend. Gene ends up returning back to Devon to apologize, emotions quickly stir up. I will explain to you in one short essay how flashback is important to this story. We first run into flashback when Gene decides to visit Devon and remembers the â€Å"tree†; this tree holds value which you will see in a moment. The second thesis statement would be character vs. self, gene begins to notice his intentions towards finny are stronger than he thought. Lastly the staircase, all these things hold up great value to this story. In the beginning of the story Gene goes back to visit Devon, he tells us about the tree beyond the river bend. â€Å"This was the tree, and it seemed to me standing there to resemble those men, the giants of your childhood, whom you encounter years later and find that they are not merely smaller in relation to your growth, but that they are absolutely smaller, shrunken by age. We will write a custom essay sample on A Separate Piece Literary Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page page 7. To me the tree is the turning point in this book, here gene tells us that things in your past don’t go away, they just get older with age, and you don’t get any bigger. From jumping off of it, to having S. S. S meetings, and to having finny break his legs. If there was no flashback in this book then there really wouldn’t be a book in my opinion. Throughout the whole book we are given little subliminal messages called foreshadowing. When gene talks on page 8 about â€Å"Nothing endures, not a tree, not love, not even a death by violence. Being carved in the trees trunk, this gives us a hint about death. Directly when Gene mentions later on that his feeling for finny would change, the reader would assume that something is about to happen. What happens in this case, our friend Gene starts to feel jealousy towards finny. At the tea party when Gene starts to wish for Finny to get caught; we are able to see some tension build up. Lastly towards the end when things start to go the wrong way for finny we can only think to ourselves is finny going to die? While Gene is visiting Devon he sees the flight of stairs that lead up to Finnie’s death. On page five Gene states â€Å"Although they were old stairs, the worn moons In the middle of each step were not very deep. The marble must be unusually hard†¦it was surprising that I had over looked that, that crucial fact. † Referring to when finny falls and yet again breaks his legs. During the middle of the book we began to see some character vs. self going on. This begins to happen frequently as we see gene go through different emotions. While this is taking place Gene begins to feel some jealousy towards Finny. At Devon Finny is the ideal boy; great at everything he does. Gene’s glance to the past helps us see what exactly went down, and his emotions towards finny. My conclusion of â€Å"A separate Peace† by John Knowles Is that the author can relate to the reader by allowing them to see what happens, and letting them feel what Gene felt. With flashback you can show the viewer how events took place and see how things have changed from the past to the present. The whole book is based on Gene revisiting Devon; he ends up having a flashback which tells us the story of life at Devon and allows us to gain a connection with the character. The way John Knowles has it set up is as if Gene was telling a story right out of his journal word for word. In my opinion Flashback is the main literary element to consider. This builds up to the plot of the story; How Gene caused the death of his best friend, but was yet forgiven. This is why Flashback is a major essence to this book.