Employment law Essay Example | Topics and Well Written Essays - 2500 words

Employment law - Essay ExampleThis could also be held to be unreasonable behavior.A general rule has been set out in the case of General Bill built in beding Co Ltd v Atkinson1 it was held that there may be instances where an employer has behaved so badly towards an employee that the employee can treat his employment contract as if it is at an end. When this is the case, the employer may non be able to impose any post termination restrictive covenant on the employee, because the contract has been ended as a result of the employers own fault, hence he depart not have the right to demand that the employee adhere to any conditions post employment. Thus, on this basis, Ali has grand to contest the sudden change in the contract that has been made by Balmoral.It must also be noted that there may have been certain footing implied in Alis original contract, such as the province of an employee not to work for competitors, even during off duty hours, as also stated in the cases of Hivac L td v Park Royal Scientific Instruments Ltd2and Provident fiscal Group plc v Hayward.3 Alis original contract with Balmoral would have already included the implicit restriction on working for competitors, therefore the grounds for Balmoral instituting a new contract may itself be subject to dispute. In general, once an employment contract has been entered into with an employee, an employer may not change the monetary value without first obtaining the consent of the employee.4 Unless the original contract Ali had with Balmoral allows the flexibility of changing contractual terms, Balmoral will be required to follow the correct outgrowth and offer the terms to Ali, who is at liberty to accept or reject them. Balmorals dismissal of Ali on the grounds of refusal to accept new terms may give rise to grounds for a breach of contract.Even assuming that the new contract was deemed necessary after the recent incidences of poaching staff, it will be difficult for

Ethical Dilemma Essay Example | Topics and Well Written Essays - 750 words

Ethical Dilemma - Essay ExampleIn short we can say that there is no commensurate outcome of an ethical dilemma and despite this, decisions have to be made. The outcome of the ethical dilemma affects both the subject and object leaving both distressed at the end of the day. How I became Aware of the Term I came to know about the ethical dilemmas and its severity when a lady in my neighborhood confront this spatial relation. Let us call the lady ABC. She was pregnant and belonged to Jehovah Witnesses Sect of religion. Unfortunately she met an accident in which she lost her blood. When she was brought to the hospital her breathing rate was 28/m and she was complaining about weakness in the head. After careful evaluation and several different tests including ultrasonography the doctors suggested blood transfusion to save her and the baby. The situation became worst when she refused to accept blood as it was against her religion. Doctors suggested other ways of blood gain like blood pro ducts but she refused both the methods on spiritual grounds. In her worst situation she delivered a baby. But after two hours her condition became even worst and she died of cardiac arrest. The doctors were bound to follow the religious ethics as they could not do anything against anyones religion. This is a complete and true example of ethical dilemma. The Dilemma The major ethical dilemma was that by honoring the patients liberty and religious beliefs, the physicians and interdisciplinary team were faced with compromising their moral duty to administer professional care in accordance with established standards.(Chua & Tham, 2006). ANA Code of morals and the Facility at the Hospital While treating her, the Doctors were bound to follow a particular principle of ANA code of Ethics that is to respect and honor the religious beliefs of the patients. Preserving her religious values, the doctors did not infuse blood and at the end she died. The provision of ANA code of Ethics further highlight that the arrests primary commitment is to the patient and hence, all other factors become meaningless once the patient circulates consent to the treatment, in our case it could be an acceptance of blood diffusion. Both the parties were affected by following the ANA code of ethics, the Doctor and the patient with her family. The ethical dilemma relating to the religious beliefs of the patients are complex in nature. The religious and social beliefs, if not handled properly, may give rise to other ethical threats like discriminatory practices, bias on religious basis and so on. Any attempt to force or winning uninformed health saving practice poses a greater risk to the nursing profession leading to a deterioration of reputation of nurses. Hence, there is a strong relationship between a religious factor and the abidance of ANA code of ethics in making decisions when the patients life is at stake. Under such circumstances, a nurse must use his/her convincing abilities thr ough proper communication with the patients and their families. The decision, however, lies with the caretakers and the patients regarding practices that are against their will, religion or social norms. The nurse has a responsibility of confidentiality towards the patient as per ANA code of ethics. In order to convince the patient on blood

System Development - Tools and Techniques Essay - 1

System Development - Tools and Techniques - Essay ExampleInformation system failure can occur to any organization, since there are a unnumerable of causes to such failures. However, the underlying factor is the disruption of the organizational functions and the losses that comes with such system failures. Therefore, this discussion seeks to analyze the various causes of system failures within organizations, with a express feelings interest on the challenges faced by the system developers, while also seeking to unearth the different techniques that can be applied to address the military issue of system failures within organizations. Key challenges facing system analysts and developers resulting to systems failure Information systems failure can occur at different points in the implementation of the development system project within an organization. The information system failures may occur during the pre-implementation, implementation and even in the post-implementation stages of the project. The causes of these failures include Lack of adequate research During the pre-implementation stage, it is key that a comprehensive research is done, to discover the information needs of an organization, and thus determine the sought of the information system that such an organization requires 2. ... A sober case study of want of adequate research and incorrect assumptions, is that of the Nuclear Regulatory Commission, where a system was developed to test nuclear reactors, where an error was do through a miscalculation done in the earthquake testing system by the system developer callable to inadequate research regarding the system requirements 2. tailfin nuclear reactors were developed using the same system, and the error was discovered months after the nuclear reactors had started being used to produce energy. This posed a great wellness danger, as well as the disruptions of the services of the utility companies that were depending on these reactors, causing them to turn to alternative sources of energy production, such as petroleum and coal power, which were comparatively expensive and inefficient 5. Lack of adequate training or expertise Another major challenge, which falls in the pre-implementation stage of information system development, is lack of adequate formal training, or lack of expertise on the side of the system developers. The lack of training and expertise results to poor system development, where either rough of the information system components are left out, or where the information system prepared does not meet every specification of the organizational needs 2. The flunk of the system developers, owing to lack of adequate training or expertise can also be demonstrated in the testing stage of the information system, where the testing of the system may not be done, or the testing process may fail, or even pose a great danger, due to some system faults. A case example in point, is that of the National Health Service (NHS) in the UK, where a computer system that was meant to store information for 220

Changing roles of women in japan Research Paper

Changing roles of women in japan - Research Paper ExampleMoreover, the Taisho era in the year 1912 perpetuated lacquers journey to the similar modernity by embracing more Western cultures. The grammatical gender building of the women within Nipponese society altered from the Tokugawa epoch to the corresponding World state of war I. Within the epochs of Tokugawa and Meiji, women were mainly assigned family responsibilities and duties and possessed restricted rights. Nevertheless, during the era of Taisho and subsequent to World War I, women commenced to foster for equality thereby rebuffing the underlying traditional gender ideologies. Numerous women did not subscribe to the traditional gender responsibilities by either becoming geishas or prostitutes. This resulted to numerous debates amongst both the female and corresponding male activists in regard to the issues of womens responsibilities that were seen as means of eliminating prostitutions (Yu, 89-125). The role of women withi n Japan is extremely diverse as comp ared to the responsibility of the modern day women within the occidental civilization. Nevertheless, this the same to the responsibility women undertake within the American forty years ago. Presently women within Japan are required to devote their underlying energies in bringing up their offspring whilst men dedicate themselves to careers (Farris, 122-245). Nevertheless, there is an escalation within Japanese women in regard to expressing interest in the full time careers. majority of the women are young and single without offspring. Moreover, they are extremely educated (Mo?hwald, 23-79). Literature review Since 1940s women in japan have chased to modify the quaint responsibility of a workings woman who turn into a mother and a housewife after marriage.... Since 1940s women in japan have pursued to modify the old-fashioned responsibility of a working woman who turn into a mother and a housewife after marriage. This is clearly elaborated in t heir perception of Japanese family organization and matrimony. The present society demonstrates an upcoming group of young and educated women who pursue a career as a working woman while also still take part in their reproductive roles. The transformation mainly began after World War II when Japanese women developed rather a more personal approach to life. Initially, Women waited to become older in order to marry, most of them often lived at home longer, tour to Hawaii, and contributing to the economic development with their little income. In general, the present Japanese society is characterized with the decline in arranged marriages instead many women are victorious responsibility to find themselves husbands. In comparison to the past, women continue to work even after marriage and giving birth. Nonetheless the adjustments in the society, married women who work are still considered a threat to the family. Inequality between women and men is still enormous regardless of the new r eforms and different attitudes towards traditional family life. The notion can be justified with the popular traditional expression that states that Good wife, wise mother. As it is a tradition in many countries and cultural practices of different communities of the world, women in Japan were oppressed and dominated by their male counterparts for a very long time.

Policy Problem Statement Assignment Example | Topics and Well Written Essays - 250 words

Policy Problem Statement - Assignment ExampleHansen (2013) asserts that the state allocates sustenance to older adults acre givers that any other nation group. An increase in their population would increase the budgetary allocation of funds to this population group. Walshe & Ham (2011) are alike of the assumption that the consumption of health services by older adults may be significantly altered by a major population growth. The creator supports the argument by pointing out that, the shortage being experienced in the health workforce may have native effects to the growing population of older adults (McKenzie, Neiger & Thackeray, 2012).The number of increased older adults can be a matched to the decrease in the number of caregivers. The development of these two trends may decrease supply and increase the demand of health services (Perlino, 2006). Considering the forecasted growth by 2050, the government and health stake holders should put in place measures to limit negative eff ects that may be caused by the growth of the older adult

Literacy Autobiography Essay Example for Free

Literacy Autobiography EssayIn my younger days, I thought of the term literacy as existence able to physically read a scripted localise of work. I thought the ability to read was when an individual could actually pick up a book, magazine, or even the daily news, and have the ability to understand the collage or wrangle on the page. Most believe that this simple understanding of what words are on the paper is all there is to know about breeding. But what most people do not know, is that there is a lots deeper meaning behind the word literacy. Along with being able to actually read a piece of literary works, there is excessively having the ability todetermine what that piece actually means or the overall message behind it. This helpful but yet difficult skill to attain is the ability to analyze. Many individuals consort to leave the process of analysis out of the equation when discussing literacy abilities.Some also over look the fact the knowledge gained through practice c an be applicable to spirit in general. Consequently, these talents are not just acquired overnight. Learning to read and understand written words and languages takes time, as there are some(prenominal) another(prenominal) a dandy deal parts to literacy than one would imagine.Although learning to read can prove to be difficult, even for the smartest of children, everyone has to start approximatelywhere. For me, my journey began when I was in kindergarden. My t individuallyer, Mrs. Kroon, had a talented trick to help teach her students how to read. She believed that learning to read starts off with becoming familiar with the alphabet and learning what sounds and noises each letter can make. With the help of her ottoman up alphabet heroes, she was able to teach my classmates and I how recognize each letter of the alphabet.She also helped the class relate a sound or organize of sounds to eachdifferent letter. At the time, I had no clue what the significance of learning these l etters was. But since learning about the letters was taught in an charitable matter, I was able to pick up on it pretty quickly. Every day my fellow students and I were introduced to a new and exciting alpha-hero as Mrs. Kroon called them. We cogitate the majority of class on learning about the letter, learning how to say it, and of course how to write it. Day in and day out we would learn more than and more about these exciting letters and by the time the end of the school year had come, we had seen each letter multiple times.We had also learned how to put these letters together into words. Little did we know this was the start to a long journey in the world of reading. The question I always asked myself is why is this real to me? What was so important about these letters that I had to spend the majority of my time in school learning about them. Sure, learning about each hero was fun as it appealed to my love for super heroes, but at that young of an age I was not able to compr ehend why I was learning about these different symbols.It was not until firstgrade when I actually learned to read that I attained why so much of my time was spent on these symbols. Every day before class started, our entire school participated in a silent reading period for some twenty minutes. During the first few sessions, I was puzzled while I was reading and often found it difficult to understand the puzzle of words in the books. As our teacher worked with us more and more on pronouncing and identifying words, I started to catch on to the material. I would look at a book and for some reason I could understand what the book was saying.It was almost as if the words jumped right off of the page. Shortly after, I was able to pick up many different interesting books and successfully read them to myself. It was like I had acquired a super power I was able to read I had developed a skill that most children struggle with for years. I was one of the fortunate ones. Everyday after this realization I became more fascinated with this exciting new discovery. I would read for hours on end just because I could. Its safe to say I was one delighted first grader. And that is where I thought the journey ended.I had learned to read, but the significance of all this reading nonsense had me puzzled. Year in and year out our classroom instructors put a strong fierceness on reading and I could not understand why. It seemed as if the only when new benefit to reading was an extended vocabulary or reaching higher(prenominal) reading levels. This may have been the goal at the time being, but it was not until my junior year that I built on my childhood reading foundation. Unfortunately by this age I had lost most of my interest in reading.This made one of my literatureclasses very difficult, as we were asked to read a variety of written works. As a class, we were also asked to analyze the readings for deeper meanings. At first I had quite a rough time learning to discover these h idden messages, but as I practiced I became familiar with the process. I came to find that these messages were all around me. For example, after analyzing the childhood story The run and the Tortoise, it is evident that the message or moral behind the story is for one to take their time when completing a task as slow and strong wins the race. With each passing day, I became increasingly familiar with this new found talent and analyzing written works was no longer a hassle. Not only could I find the overall message in a piece of literature, but I had also acquired the ability to support my argument with evidence from the written work. This concept of analysis seemed to be the icing on the cake in the concept of literacy, but little did I know I still had more to learn. Although I have come far in my literacy journey, it has taken me almost nineteen years to realize that a reading journey is a life long process.The lessons we learn through the process of reading and analyzing can be used in everyday life, even when one is not actually reading. I have learned that many of the things I do daily involve reading or analyzing whether I know it or not. Simple gifts such as having the ability to tell what sense of humour a friend is in, or whether or not an outfit is appropriate for school also relate to the acts of reading and analyzing. Likewise, when a person can tell what type of a mood another person is in because of their body language, that is in fact reading.The individual isanalyzing the others behavior in order to discover the mood of their colleague. The same concept can be applied to making choices. Within each different decision an individual makes they constrict out the positives and the negatives of each selection and then choose what to do. Some may call it decision making, but it is also a type of analysis. Each option is carefully analyzed before a decision is made which proves that humans including myself use these types of strategies everyday. Just like analyzing a piece of work, guessing another persons mood or feelings takes practice.The more an individual takes the time to analyze a situation or person, the easier the process becomes. It is very interesting to truly see how many expensive lessons and skills can be acquired through reading. Even though my journey in the world of literacy is not quite over, I have learned a great deal of information about myself through reading. From kindergarden to high school I have been able to overcome each step on the path to reading success which has lead to a great deal of knowledge.Along with learning to read nearly any book that is thrown my way, I have also learned how to find deepermeanings in literature and in life. Many of concepts in which I choose to believe in such as being yourself and never giving up have been discovered through reading.I know I have much more to learn about the world of literature and reading and I cannot wait to see what lies on the road ahead. I hop e that throughout my college days I am able to make many more discoveries about myself and the world around me. I truly believe that these types of discoveries and lessons shape us into who we are. Without successfully learning to read and analyze, I would not be the person who I am today.

The Cases of Hirabayashi and Korematsu v United States Essay Example for Free

The Cases of Hirabayashi and Korematsu v linked States EssayThe United States, after the fatal attack of the Japanese in Pearl Harbor on December 7, 1941, was squeeze to enter domain of a function War II. There were a few of Japanese descent who, due to the immigration that begun since before 1885, were in the mainland America. Many fe ared what these Japanese-Americans would side on their home country of Japan that would possibly lead to a successful invasion of Japan. The fact that Japan has invaded one after another Pacific island where American forces were based did not help the public opinion of many regarding the Japanese on the United States. As a precautionary measure, President Franklin D. Roosevelt has enacted two executive nines to prevent incidents of subversions and espionage from Japanese-Americans. Two Japanese-Americans were found to be guilty of violating these laws which has ultimately brought their cases to the United States Supreme tap. On February 13, 19 42, Roosevelt signed Executive prepare 9066 which defined force areas in the United States and authorized the removal of Japanese-Americans within these military areas.The Order declared that the successful execution of the war requires every possible bulwark against espionage and against sabotage to bailiwick defense-material, national-defense premises, and national-defense utilities (United States Supreme Court USSC, 1944). It also provided assembly centers for those who will ultimately be transferred to voidance camps. As a result, approximately 120,000 Japanese-Americans were in internment camps (Schaefer, 2008). While the evacuation carried out with little difficulty, there were those who militantly defied the order.The Japanese American Citizens League, an organization founded in 1924, hoped that cooperating with the American decision will lead to sympathetic consideration when the tension subsided. Of those who resisted the order was Toyosaburo Korematsu. Korematsu was a US-born Japanese-American who stayed in San Leandro, atomic number 20 and knowingly violated the Civilian Exclusion Order No. 34an order based upon the plannings of Executive Order 9066. The Civilian Exclusion Order No.34, an order issued by the Commanding General of the Western Command, directed that all persons of Japanese ancestry should be excluded from San Leandro, California (USSC, 1944). Korematsu was arrested and was found guilty of the violation. He challenged the constitutionality of the Order and held that it is in violation of the provision in the twenty percent Amendment stating that no person shall be deprived of life, liberty, or belongings without due process of law, nor shall private property be staten for public use, without just compensation. The question of loyalty was not raised. Furthermore, the evacuees were forced, charged with no crime and could not leave without official approval (Schaefer, 2008). This is crucial in that, as Schaefer explained, the Ja panese-Americans that were forced to resettle in evacuation camps were instructed that they were to carry only personal items. No provision was made for shipping their household goods and the federal government took a few steps to safeguard their belongings they left behind (Schaefer, 2008).The Court (1944) decided that the exact to protect against espionage from persons of enemy descent, of Japanese descent in Korematsus case, far outweighs their rights as provided for by the Fifth Amendment. The Court held that the military authorities were charged with the protection of the American soils. Furthermore, the Civilian Exclusion Order is in accordance to the provisions of the Congressional authority to the military allowing them to identify who should and who should not remain in areas menace with invasion, espionage or sabotage.The court explained that they have no doubts that most of the evacuees were loyal to the United States. They reasoned that the exclusion of the entire Japa nese-American population was brought upon the contention that the disloyal could not be immediately segregated from those who are loyal to the United States. The Court (1944) explained that there were members of the group who retained loyalties to Japan, a fact that has been confirmed by investigations made posterior to the exclusion. It has been found that approximately five thousand American citizens of Japanese ancestry refused to swear unqualified allegiance to the United States and to renounce allegiance to the Japanese Emperor, and several(prenominal) thousand evacuees requested repatriation to Japan (USSC, 1944). While the Court (1944) held that compulsory exclusion of large groups of citizens from their homes is inconsistent with basic governmental cornerstones, when under conditions of modern warfare our shores are threatened by hostile forces, the power to protect must be commensurate with the threatened danger. Finally, the Court (1944) explained thatKorematsu was not excluded from the Military Area because of hostility to him or his race. He was excluded because we are at war with the Japanese Empire, because the properly constituted military authorities feared an invasion of our West Coast and felt constrained to take proper security measures, because they decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily, and finally, because Congress, reposing its confidence in this time of war in our military leaders-as inevitably it must-determined that they should have the power to do just thisAnother case wherein a Japanese-American has challenged the United States government, particularly of its military institution, was the case of Kiyoshi Hirabayashi v United States. This time, the guilty was found to be violating the Act of Congress of March 21, 1942 requiring all persons of Japanese ancestry to be in their emerge of residence between 800pm to 600am. The Ac t was also in accordance to Executive Order 9066.The Courts ruling was also in raise of the United States. While the Hirabayashi case was earlier decided, it has been greatly overshadowed by the Korematsu case due to the fact that exclusion was more extreme than that of the curfew rule. However, the Supreme Court decision made on the Korematsu case relied and affirmed the decision in the Hirabayahi case. Korematsu and Hirabayashi both challenged the constitutionality of the rules enacted based on Executive Order 9066.They claimed that the rules violated the provisions of the Fifth Amendment stating that no person shall be deprived of life, liberty or property without due process of lawa provision that was violated when the military institution has apprehended Korematsu and Hirabayashi and all other Japanese-Americans without questioning and even the indication of treason or disloyalty to the United States government.Unsurprisingly, the United States Supreme Court ruled in favor of the federal government, giving precaution for espionage and sabotage from persons of enemy descent during the time of war as a justification for such rules imposed based on Executive Order 9066. They held that the rules were not insomuch as a racial prejudice against citizens of Japanese ancestry but was necessary for the war efforts to be successful. The Court, however, polished that the rules based on the Order should only be imposed until such time when the war is over.The Japanese-Americans lost much of their property and were destroyed economically. After World War II, the United States federal government paid $35 million to the Japanese-Americans who were affected to compensate for the loss of property. However, the total loss was estimated to be worth up to $400 million. References Schaefer, R. (2008). Japanese Americans. In Racial and Ethnic Groups 11th Edition. Upper Saddle River, NJL Prentice Hall. United States Supreme Court. (1943). Kiyoshi Hirabayashi v United States. 320 US 81. United States Supreme Court. (1944). Toyosaburo Korematsu v United States. 323 US 214.