Comparing Walton and Victor

Compare the characters of Victor and Walton as Shelley presents them in the early parts of the novel. What similarities are there between the characters and quests? In the early chapters of Frankenstein by Mary Shelley the character of Walton is introduced through a series of letters he is writing to his sister back in London (the whole novel is an epistolary structure) as he is on a voyage to the North Pole in hope of fulfilling his goal of a breakthrough scientific discovery and â€Å"discovering some of nature’s most profound secrets†.Walton is full of hope and scientific curiosity and a passionate determination that he will achieve his goals â€Å"I shall satiate my ardent curiosity with the sight of a part of the world never before visited, and may tread a land never before imprinted by the foot of man†; he wants to set himself apart from other scientists and discover something altogether new, something that will bring him fame and fortune and ensure that he is remembered forever- he is on a journey that-he learns later in the novel-may not turn out to be the success that he thought it was, and his â€Å"ardent curiosity† may be his downfall in the end.His loneliness (â€Å"I feel the bitter want of a friend†) is subsided when a man â€Å"on the brink of destruction† is brought upon the ship, half dead and â€Å"wretched†. The man they bring on board-Frankenstein- bears a lot of similarities to Walton, from their aspirations and complete obsession to discover the undiscovered.There is however, one major difference between these 2 characters-Frankenstein has already been in Walton’s shoes and has already experienced the consequences of his endeavours-and they were not pleasant, as he relays the story to Walton, warning him how he has â€Å"suffered great and unparalled misfortunes† through his â€Å"seeking of knowledge and wisdom† and seeing Walton do the same, he warns him of the danger s of knowledge and tells of his story-his parents, his wonderful childhood, his thirst for knowledge and, most important of all, his obsessive scientific curiosity that led him to make the choices he made that were ultimately his downfall.He has learned from them, a little too late, and he only hopes that Walton will heed his warning about the dangers of knowledge, and not make the same mistakes that he did, that led to his destruction. Shelley made the characters so similar in ambition and character that this evokes the thought of the ‘doppelganger’, a popular theme amongst gothic literature. Frankenstein is almost Walton’s doppelganger- everything he is, bright, mbitious-but also everything that he doesn’t want to become- a â€Å"wretch†, a man haunted by his choices and on â€Å"the brink of destruction†, all because of his desire to become recognised among the scientific world and leave his mark on the world. Because of Frankensteinâ€⠄¢s story Walton witnesses what the danger of knowledge can do and warns him-a kindness no one could do to Frankenstein-to not follow in his footsteps â€Å"exposing him to the same dangers† as he did.Frankenstein feels as he has unleashed such a horror into the world, the least he can do is to prevent another like-minded person making the same mistakes he did, and through that, not ruin his and countless lives, as if he has been so fortunate as to have someone relay their story about knowledge and destruction before he made the choices he did, he may have rethought his priorities and still be living a happy life after the novel’s end. In short, Frankenstein was doing Walton a kindness by retelling his tragic story; and that brings about another characteristic that Shelley wrote them to both have-they are both good men.They are deeply affectionate to their close ones â€Å"heaven shower down blessings on you my beloved sister†, â€Å"mine to love and cherishâ⠂¬ , and their obsession fuelled by a desire to benefit the world. This evokes sympathy both in the reader and Walton, when he hears Frankenstein’s tragic tale-how a good man with good intentions can make choices so catastrophic that they ruin the lives of those closest to them and themselves-maybe this is why in the end Walton decides to turn back? Both men are also linked with one massive similarity-they both have an incredibly obsessive, if somewhat selfish, nature.Some of Walton’s first words in the letters are â€Å"If I fail you will see me soon or never† he is determined that this voyage will be a success, and is prepared to die for the cause. This mirrors Frankenstein’s feelings later on in the novel â€Å"stars would often disappear in the night sky while I worked in my laboratory†-Frankenstein’s obsession with discovery had him pushing himself to the limit to accomplish his goals, sacrificing time and health, at any cost as long a s he succeeded.That cost, he finds out eventually, is too high, and seeing Walton with the same obsessive nature, going on a voyage that is potentially life-threatening, he wishes him to stop and think thoroughly about whether it is worth it, something that he failed to do, as no one had interfered when he was creating the creature and warned him of the dangers, and as it is too late to repair his mistakes, he can stop Walton from letting his obsessive nature rule him-â€Å"I imagine that you may deduce an apt moral from my tale†- as it did Frankenstein.Walton and Frankenstein are two very similar men-both have passion, drive and determination that set them apart from other men, and give them a dangerous obsessive edge. Frankenstein has learned from his mistakes and has accepted his fate â€Å"nothing can alter my destiny†, and wants to make sure that another good man, so much like himself does not make the same life altering decisions that he did, searching blindly fo r knowledge that may be dangerous to uncover, so he retells his story to Walton in the hope of preventing him destroying his life.Walton with his drive at first in the letters to his sister mentions that does he â€Å"not deserve to accomplish some great purpose? † he believes he deserves success and has worked and will work impossibly hard to ensure his labours do not go unrecognised. But Walton also mentions that he â€Å"feels the bitter want of a friend† â€Å"to approve or amend my plans†.His prayers were answered in the form of Frankenstein, and after his tale of woe Walton finally decides to turn back and abandon his voyage-he listened to Frankenstein, as a â€Å"brother of my heart† and as an older version of him that has failed. Now, the reader wonders, if Frankenstein had the same great luck as Walton to find someone with the same drive and obsession to retell his story to him and make him stop and think thoroughly if he is doing the right thing ? Would he have still made the creature?Or would he have stopped and be living happily with his living family long after the novel’s end? This, perhaps, is the greatest difference between Frankenstein and Walton. Walton had an older, wiser version of himself retelling his tale of misfortune that stopped Walton and potentially saved him. Frankenstein did not have that luxury of someone older and wiser intervening in his work, so he continued carrying out his work, putting in it all of his hopes and dreams, when in reality, he was creating his own destruction.

Hospitality Management Essay

Reflecting from my management shift, restaurant manager has many different kinds of important tasks and responsibilities in the restaurant. Restaurant manager plays an important role in the hospitality and food and beverage department as they can motivate the staff and maintain the high quality service which will help the business run successfully. Manager can provide appropriate ambiance in the restaurant which will provide warm and comfortable environment for the customer. Waiter station and dividing sections of tables should be fully allocated before the start of service shift which starts 10:00AM. After that, checking staff’s five equipment (waiters friend, lighter, handkerchief, pen and note pad), and their grooming (hair, ironing uniform, socks, belt and name badge). In the first briefing time, restaurant manager has to explain required table-set up and finding any problem such as students who are absent. When I was restaurant manager, one waiter called in sick so I had to rearrange the table booking slots to make it fit 12 waiters instead of 13. This can make the service flow more efficiently. If I left the booking slots thee way they were, waiters would have needed to pick up tables in 10 minute gap. A manager should manage and check every time whether staff are doing the right thing. After food briefing, manager should check that all staff are familiar with the menu and kitchen abbreviations as well as the price for each dish. Thus, restaurant manager should lead their team smoothly and know all situation and happening in restaurant including kitchen as well. (Food & Beverage Work Book, Feb 2013) Before doing the restaurant manager shift, I had confidence in myself because I prepared the table time slot sheet, linen order and table and station allocation the night before my shift. But once the service started, unexpected accidents happened such as waiter calling in sick. Also, because it was Thursday and nearly towards assessment night for many people, most of the staff was very tense and unmotivated. Trying to motivate the staff to work faster and efficiently was uneasy at first but I still liked having the responsibility and doing important roles that are unlike to the normal waiting staff, I believed I learned a lot of new knowledge and management skills. I also can confidently say if I become restaurant manager again I would be better than before. Effective duty allocation Restaurant manager: Joanne Suh Host: Pearl Douglas Role: Prepare butter, Prepare silver service cutlery and waiter clothes, Make sure the menu is correct and printed, Welcome the guests arrival, Book reservation for lunch and dinner service for guests. Cashier: Lucy Payne Role: Allocate waiter dockets, record the food and beverage orders on computer for each table and prepare the bill for each table, total and fill up the cash-up sheet and record any alcohol docket received each night. When it is signed by the lecturer, put the money envelop to front office. Room service: Jay Lee Role: Collect the sick list from front office, Prepare tray for room service, take room service order, deliver the food to the rooms, collect the tray back once the food is finished (Usually after 1 hour) which will be placed on the corridor. Bar team leader: Olivia Ann Role: Prepare the mocktail and cocktail of the day, make sure bar, coffee station, water jug, wine service and waiting area and linens are set up and ready for service. Provide drink to order during service including hot beverage. Come early in the morning 6:30am to order butter and milk and other needed items and order linens and others that need time to recover the night before the shift. Bar assistant: Dana Button Role: Help the Bar Team Leader set up the bar, coffee station, waiting area, water jug, and wine service. Provide the drink to order during service. Listen and follow the bar team leader’s instructions. Barista : Make hot beverages when you receive the order from the guest. Prepare the coffee work station neatly and correctly before service shift starts. Help and follow the bar team leader’s instructions when there are no orders. (Usually start of the shift. ) Staff meal: Guy Sinclair, Lit Wang Role: Prepare Breakfast, Take staff meal orders for service and management team, Set up staff meal, Clean up Taranaki Restaurant after shift. Help in the La Vista Restaurant when the jobs are finished. Waiter: Chloe Wang, Abbey Bowater, Noriko Fuji, Shannon Rochford, Marlee Mclaughlan, Nhung Tran, Ginger(Shanshan) Yong, Cindy (Xinshi) Yang, Chris (Trung Toan) Le, James Pitisopa, Hayden Woodbury, Krill This is the list for all staffs that had been worked in my team. Absent : Savneet Singh 2. 2Explain whether you think the allocation of the duties and tasks were helpful or destructive for the team and give your reasons why. I prepared most of the jobs that I should do on my management shift but what I had missed out on was plan what the â€Å"staff† should be doing on their service shift. I had to plan out which person will be doing which task on the spot. This has resulted me giving people jobs that they are not the best at. For example giving the vacuum job to a weak female staff. Also as the staff were allocated jobs that they do not like, they refused to do the jobs I ordered them to do or made excuses to do them later. This has slowed down the cleaning time of service. But because we were already in our 8th week of operation, most of the staff were already capable of doing jobs themselves without being told to do them. We finished a little later than my expected time at lunch shift which was 2:30pm. We finished at 2:40pm. This was due to customers dining in for a long time. We had three tables of industry placement interviewers. Delegation 3. 1 Making decision For the making decision, when I organised table planning I gave three tables for most people and four tables for a couple of people due to absent waiter on the floor. There were some tables already set up from the last dinner shift so I tried to allocate one set up table for each waiter to make them prepare and set up tables quicker and fair. Also I allocated the staff meal waiters to help the floor waiters when they finished preparing for staff meal to speed up the process and we can open the restaurant on time. Explain whether you think this was effective. Think about the theory. What could be done differently? When I allocated the jobs I asked people in a polite way with a soft tone of voice so the staff do not get to tense about the jobs that they have to do. I tried to be fair for example if someone did a hard job such as vacuuming La vista, I made them do an easy job afterwards like taking menu papers out from the menu. I also thanked the staff and especially the staff members who worked harder than others to acknowledge them their work. Overall I think my theory has worked out better than ordering them harshly what to do as it was my first time being the restaurant manager and staff are not used to it they might think it too personal if I order them to do jobs in a harsh way. But I think giving more volume to my voice and seriousness at time to time would have made the staff actually listen and do the jobs I allocated them efficiently. 3. 3 Identify shift outcomes and tasks. Describe how you achieved the outcomes required in this role. It very nice outcome after shift because I went to talk around with all customers. They told me that service was very good there were only few complaints about the food taste which the service team cannot control. Overall cleaning up was a little slow for lunch but everyone picked themselves up and dinner shift flowed through a lot faster than lunch. The staff members worked hard for both service and cleaning even though many staff members were stressed about the assessment week coming up and tired. I thank all the staff members and I think my first time being the restaurant manager, I did exceptionally well. Managing conflict 4. 1 Was there any conflict or disagreement in your team? Yes, between me and my bar team leader. Because bar team leader is also a type of manager as well as they manage the bar, I should have treated the bar team leader more like a manager and different from the floor staff but instead I ordered the bar team leader to do some jobs in the bar and that had made the bar team leader unpleased as the bar team leader obviously knew what sort of jobs needed to be done. But because I am still the restaurant manager for that day, I believe I had my part and reason to say the things I have said to the bar team leader. I didn’t want to make too much of a big fuss about this matter as whether or not there are customers in the restaurant it is still a working environment and restaurant manager should behave and look professional at all times or else staff and customers will look down on both me and the bar team leader. If yes, what was done to resolve this conflict? If not, why not? I resolved this problem by pretending to not hear anything that the bar team leader said behind my back. Because I thought if the bar team leader realise that I heard our relationship will become awkward. There was also dinner shift left and I really didn’t want to make any big deal out of this matter so I just pretended I heard nothing. This was a good resolution because afterwards she worked really hard and was a great bar team leader which made the service run more smoothly which was good for everyone and the restaurant possible. But later I talked in the briefing that if the restaurant manager tell you to do something do not ignore them or refuse and treat the managers like a real manager in a work place. 4. 2 What are some other options for dealing with the same situation? I believe motivating the staff and complimenting when the staffs finish their jobs can make the staff more willing to work and follow my orders. More motivated staff can give happy energy vibe to the workplace which will be transferred to the customer which will give warmer ambiance in the restaurant. 4. 3 Would you do thing differently next time you need to work with a team? For the next time that I have to work in a team, I would try to improve myself on delegating staff. I will make sure that everything in the restaurant such as preparations and second plans for times when something goes wrong again so I have a backup plan which will make me panic less. Also next time I will plan the job allocations for cleaning and preparations before service to be more efficient with time management as a manager. 5. 1 Identify a challenge or problem that occurred during your management shift. The biggest challenge I had faced was I had one waiter absent and I had 13 slots on my booking sheet that was made and finished last dinner shift. Waiters are supposed to serve each table with 20 minute gap. This made me very busy until the last minute of service and waiters were confused as their time for booking was all changed. It also confused both the waiters on floor and the management team. 5. 2 What was your response to this challenge? After ii had found out that one waiter on floor will not show up for service, I fixed the booking sheet and made the time slot 12 instead of 13. I put tables of two people together and called rooms to move the tables to a later time to make sure each waiter received 20 minute gap between each table so they had enough time to manage their tables on time efficiently. I had to reallocate some tables and stations to distribute the absent waiter’s tables and informed the staff. 5. 3 Analyse whether your reaction/response was effective and identify what you would do differently (if anything). I think in terms with the time I had, my decision was the most effective decision that was possible and best for my staff as well. If I gave tables in 10 minute break the staff will be more stressed about their time management and make mistakes on their sequence of service and have delays which will also be unpleasing to the customers as well. If I could change one thing I would make extra booking sheets for 11 waiters and 12 waiters even though I have 13 just to make sure and be safe. 5. 4 Have you identified any skills where you need to improve? What skill do you need to improve? I think I need to improve on leadership skills as I am not good at giving people commands and orders. Asking nicely could result staff refusing to follow my request. Also leading the team well so the staff are not lost and can reply on the manger is the kind of skill I need to improve on as well. Learning about yourself 6. 2What were your strengths leading the team? Figuring out solutions and making the service run fast and efficient as well as making the staff feel comfortable is my strengths in terms of leading the team. Because I found my way through problems fast and prepared for the service well, the staff trusted me and had felt comfortable. Even with extra barriers I still managed to make service flow fast. 6. 3Have you identified any areas where you need to improve? What areas do you need to improve? I think I need to improve how to be a good leader because I don’t think I have that quality just yet when I was a restaurant manager, Also I want to improve my eight management skill such as leadership, flexibility, adaptability, inventory management, conflict resolution, ability to work under to pressure, ability to multi-task, and organization skill. To be a successful manager, I need to improve all of this skill and learn from the mistake that I had got to achieve in the future. 6. 4Identify what remedial strategies you will put in place to develop the areas that are identified above. The eight management skill: leadership, flexibility, adaptability, inventory management, conflict resolution, ability to work under pressure, ability to multi-task, and organization skill and comunication. Statistic data At lunch shift, we had 126 customers coming to dine and our total food revenue was $1,962 and total beverage revenue was $2194 Hence, our average food check is $15.6 per person. It means that we sold entree and main food more than one person, which is good but it is not so good. Our team needed upselling skills at this moment. Thus, Total revenue should be $ but we received money only $ which means we lost $. The reason why this happen was that students did not pay properly and just left without paying, but it is very serious problem in real world and somebody should be to blame. That would be restaurant manager. Hence, I think that the statistic data show us how much money we make and can find the problems such as money stolen or not.

The Three Certainties

Trust The Three Certainties An express trust will not take effect unless the three certainties are present . These certainties are (1)Certainty of words (2)Certainty of objects (3)Certainty of subject matter . It is therefore important to prove all three elements in the given scenario to prove that a trust exists . If any of these certainties are not present the trust fails and the donee of the property which is sufficiently defined ,takes the property as an absolute gift .If the words are imperative and thus raise a trust and the objects ascertainable but the property is not specified in terms of identity ,then there will be no trust ,for there would be nothing to hold and administrator of a trust property . This rule applies for all three elements ,there would be no trust without one or more of the elements not being present . The issue in the first scenario is; Whether all three of the certainties exists? Firstly certainty of words, this principle is that an expressed trust is cre ated where the settlers shows an intention to do so .It is therefore important to show settlers intention rather than moral obligation. Before 1830 proprietary words were construed by the courts of having the force to create a trust . The Common Law allowed an estate being disposed of to be vested in the execution . However after 1830 the law was changed by the executing act which provided that disposition of property should not go to the executor and the courts stopped construing precatory words as having the effect to create a trust. The words â€Å"I bequeath† and â€Å"I would like† is used in the given situation.The words of I bequeath $200,000 to my dear friend can be contrasted with that of Re Codrington where the testator’s wishes were carried out where he bequeted two of his plantations in Barbados to the society for the propagation of the Christian Religion . The main question was whether the will created a binding trust or not as the testator went on to use the word desire . It was held that a binding trust was created as Douglas CJ looked at the language in accordance with the law and intention .It is therefore necessary to look at the language intention and the law in this scenario . The words I would Like can amount certainty of words . The case of Lambe v Earnes (1871)held that precatory words in a gift and did not mean that the doner intended the donee to hold the property for trust . This has been enforced as trust ,gifts accompanied by precatory words . For example â€Å"Feeling Confidence †or in â€Å"Full confidence † in Re Adams and Kensington . It is not however an absolute rule that a trust can never be created where precatory words are employed .On the contrary if the instrument as a whole or the context in which precatory words are used ,indicates that a trust was intended ,the courts are quite prepared to give effect to the trust ,for example like Re Hamilton and Re Steel . If the words I would Like in this situation was intended to create a trust rather than a mere obligation then it can fall within the scope of certainty of words . Secondly, Certainty of subject matter . There are two aspects for the requirement of subject matter (1)Certainty as to the property held upon trust (2)Certainty as to the beneficial interest which each beneficiary is to receive .With respect to (a)The will or other instruments creating the trust must make it clear as to what property is to be bound by the trust . Can then â€Å"the remaining part of what is left in the first scenario constitute to that of subject matter? The case of Sprange v Bernard a testatrix gave property by her will to her husband for the sole use and directed that at his death whatever is left that he does not want for his own use was to be divided between her sister and brother . It was held that there was no trust, since it was uncertain what would be left after the death of the husband.How then could one know what would o f if anything be left after the death of Nancy, Gloria’s friend . The case of Re Beadmore Trust also went on to illustrate this as it said that the words of description in the latter case are of same interest and at the death,the remains part of what is left ,that he does not want for his own wants and use . The courts held that no valid trust could be created in such vague words . The question of the existence of the three certainties are also asked in the second situation to create a trust. I bequeath â€Å"in this situation may amount to certainty of words as Gloria may have intended to create a trust . Equity however look at intent rather than form of words used . The case of Re Codrington Agen shows this . Another case would be that of De Costa v Wilburton ,where intent is present there maybe no need for any precise technical expression to be employed . It is however left to the other two elements of certainty of objects and subject matter to create a trust . Certainty of objects â€Å"And in such times amongst such of the inhabitants of Grenada and as they shall in their absolute discretion think fit â€Å"The bjects of a trust are the person’s who are to benefit from it ,that is to say the beneficiaries . If the requirement for trust is clearly defined for example Aunty Angela ,Uncle Mukesh then the requirement is clearly satisfied . When the beneficiaries are not clearly identified by the vagueness used to described them there would be no trust . The test for certainty of objects differs accordingly to whether the trust id fixed or discretionary . A fixed trust is one which is beneficiary in allocating to a particular beneficial interest by the settler for example where $100,000 is given to my aunties and uncles in equal shares .A discretionary trust is one that trustees have a discretion as to which members of the class of beneficiaries are to benefit from the trust property and in what shares for example where $20,000 is transferred to trustee upon trust such as my employees or employers. Discretionary trust in the Old list test before 1970 was that as the same as fixed test where all the beneficiaries had to be named . The case of IRC v Breedway came up with the reasons for the Old test . One of the reasons for the old test was that (1)the court could not substitute its discretion for that of a trustee .There came a New test for Discretionary Trust . The House Of Lords in Mc Phail v Douton ,concerns a discretionary trust in favor of a certain Mr Bedens employees and ex employees preferred in Re Gasteneer and Re Gulberkan whether the words employed in describing the discretionary class are such that it can be said with certainty that the individual is /is not a member of that class. As illustrated in Mc phall case it was not possible to assert the possible beneficiaries . It may also be impossible for Gloria’s trustee to proceed upon the subject of certainty of object matter relating to the inhabitants o f the Island of Grenada .The third scenario given also has to prove all three elements in order to illustrate that a trust exists. Firstly certainty of words â€Å"I bequeath† in this scenario may have amounted to certainty of words as Gloria may have intended to create a trust . Equity however looks at the intent rather than forms of the words . Gloria goes on to say in â€Å"the expectation of† The case of Cary v Cary â€Å"When a testator ,having the power to dispose of property ,expresses a desire as to the disposition of the property ,and the objects to which he refers are certain ,the desire so expressed amounts to a command .The cases are clear on this subject ,that where the property and the objects are certain ,any word intimidating a wish or desire ,raise a trust ,if the objects be not certain ,a trust can no more be raised upon words of desire or request ,then upon words of actual devise . † This words in expectation of may amount to certainty of word s as it is an expressed desire my Gloria for her cousin Ann Marie to dispose her property (Wine ). Secondly In Re London Wine Co (Shippers )It was held that before any trust could be said to attach to and tangible assets comprise within the class of assets ,the particular assets have to be identified .For example His Honour Oliver J. stated a former who declares himself (without identifying them can be said to have created a preferred and complete trust whatever rights he may confer by such declaration of a matter of contract . But the mere declaration that a given number of criminals would be held upon trust could not create an interest . The example by Oliver J was in respect of trust of tangible assets in the nature of cases of Wine . The trust in Re London Wine Co was held invalid partially on the principle that this failure to segregate th wine to be held a trust rendered the subject matter of the trust uncertain .In Hunter v Moss (1993) the C. O. A. declined to apply the princ iple in Re London Wine Co in upholding that a trust is valid on the basis of intangible assets . This concept of intangible assets have not been sufficiently certain as to give rise to a valid trust ,It may therefore be left up to the courts to decide whether this situation amounts too certainty of subject matter . Lastly Certainty of Objects . Ann Marie in expectation will divide the contents of Gloria’s wine cellar to her old friends and in cases where there is doubt her trustees are responsible to designate who her old friends are.Where a trust would ordinarily fail because the class of beneficiaries is defined by conceptually inaccurate terms ,would such a trust be rendered valid where a third party id left to determine the meaning of the ascribed terms ? This scenario related to third parties ,Academic opinion is divided in this matter . Martin author of Hansbury and Martin asserts that conceptual uncertainty may in some cases be cured by providing that the opinion of th e third party is to settle the matter .On the contrary author said as Halton suggest if the concept is my far relatives or my old friends or my good business associates and the trustee are given the power to resolve any doubt as to whether a person qualifies the court can resolve the uncertainty. Re Track St (1978)Lord Denning saw no reason why a trust instrument should not provide that any dispute or doubt should be resolved . Re Bourogh v Philcox (1840 states that the test for powers /discretionary trust will at the oral determine whether the class is sufficiently certain.Gifts are expressed to be subject to a condition . The Applicator test was showed in Re Allen (1953) it states that such a trust will not fall for uncertainty of objects once it is possible to say at least one person that he/she satisfies the description of old friends . The effect of uncertainty of objects is that the resulting trust arises in favor of the transfer. It can therefore be said that the above scenar io can amount to certainty of objects ass may or may not be present according to the third party involved .Kate and Sierra may not know who Gloria’s old friends and good neighbors are and the gifts expressed may or may not result in favor of a class which fails for uncertainty of objects under the comprehensive list test. In Conclusion The first scenario did not include certainty of objects therefore a trust cannot be created, The Second scenario did not include certainty of subject matter a trust cannot also be created ,However the last situation entailed all three elements given case law and the relevant situation it may be left up to the courts to decide .

Contemporary issues in conflict and security Case Study

Contemporary issues in conflict and security - Case Study Example Terrorism poses threat to societal gains as wells lives of the people in the society. The interest in discussing this issue lies in the fact that it conflict human security interest. Crenshaw (2009:383), believe that the causes of terrorism fall into two categories. First, societal setting creates permissive conditions, which promote terrorism. Modernisation is one of the permissive conditions, which creates interrelated factors that support the terrorism activities. Communication and transportation are crucial to terrorism activities because they allow the terror groups to improve their networks and extend their activities across the world. For instance, train bombing in Spain in 2001, depicts how networking and transportation allow terror activities to expand their roots in the society. Crenshaw (2009:381), argues that terrorist activities observed in the historical Russia in 1890s and the modern terrorist observed in Spain in 2001 depend on modernisation in executing their ills. The fear that the society harbours today is potentiality of the terror groups, using the modern nuclear technology to execute their plots. Crenshaw (2009:382), posit that urbanisation is an aspect of modernisation that create permissive situations for terror activities. The concept of terrorism in relation to urbanization traces its roots in 1960s in Latin America where urban war fair first appeared. She points out that cities became the central point for terror activities. Various scholars have given their explanation in relation to cities as target places for terror activities (Bjorgo, 2005:123). Largely, these arguments describe the urbanisation effects as weaknesses that create permissive conditions for terror activities in the cities. For instance over population create conditions of low lifestyle, economic constraints, among other factors, which lead to criminal activities. The criminal hideouts in the shanties permit the

To critique a research article from a professional journal Essay

To critique a research article from a professional journal - Essay Example is historical, perhaps in memory of the role of hygiene in preventing the spread of infectious diseases based on the experiences of Snow and Chadwick in 19th century London (Course Notes). The second may well be described as a curious interest on a topic so basic but commonly neglected – even in a country like Switzerland that is known for being fastidious about cleanliness – as to be ironic. These made the article an entertaining and educational read and increased the author’s appreciation of evidence-based practice, or EBP, in the medical field. As defined by Sackett, et al. (1996), EBP is â€Å"the conscientious, explicit and judicious use of current best evidence in making decisions about the care of individual patients.† When medical practitioners and health care professionals learn to combine in a balanced way what they learn from clinical experience and research findings, they are able to improve the knowledge of their profession so as to practice it in the best way possible for their patient’s benefit. Learning to critique a research paper is an important part of this process of improvement because it trains the practitioner to discern which of the prodigious amounts of information or evidence are useful and, at the same time, helpful for the patient. We first look at the question, the answer to which is the rationale for the research study. We then proceed to critique the different parts of the paper and end with a set of recommendations. Most social research begins with a general problem that needs to be narrowed down to a specific research question that can be addressed in a single study. Any reader of a paper that clearly attempts to answer the basic question: â€Å"why do physicians fail to practice good hand hygiene? (Pittet et al. 2004, 2)† will initially register a degree of shock and ask, â€Å"What? Doctors do not wash their hands?† The article’s background reveals that a specific problem was identified – less than half of the

What is statutory construction Essay Example | Topics and Well Written Essays - 1250 words

What is statutory construction - Essay Example The Right Honourable Kenneth Clarke QC MP, Lord Chancellor and Secretary of State for Justice made this declaration during his speech at the Dinner for the Judges at the Mansion House. His words sum up the courts’ sentiments when it comes to the issue of statutory interpretation. Apparently, among the powers bestowed by the constitution of the United Kingdom unto the judicial branch, the power to interpret laws is the most difficult which the courts exercise with utmost care and caution. Indeed, when an ambiguous Act of Parliament is brought before the court for interpretation, the court is caught between the crossfire of two opposing parties, each wanting for the law to be interpreted in such a way that would favor their interests. However, unlike regular legal battles where the court’s powers are limited to the application of the laws, in the case of statutory construction, the courts are toeing the line between judicial and legislative powers. There are no clear laws to be applied. The courts first need to ascertain what the law is and then apply it to a case before it. The courts need to fathom the spirit and purpose of the law as the Parliament has intended it to be without asking the legislators what the law means. Rather, the courts rely on established principles in trying to determine the intent of the legislators. In the exercise of its interpretive powers, the courts are governed by established principles of statutory interpretation ... Medical terms must be given and understood within the context of medicine and economic terms must be understood in the same way that economists understand it. The second principle is the pro bono publico. Under this rule, the courts always interpret the law in such a way that it would serve the public good. The courts weigh which of the possible interpretations of a given legislation shall best serve the public good and those that fail this criterion are dismissed. Here, the system of check and balance is at work. When the Parliament passes an ambiguous legislation, the courts ensure that the Acts of Parliament are applied and enforced for the greater and public good. The third principle is called in pari materia. This principle literally translates as â€Å"on the like matter†. This rule is basically used when the purpose of the legislation being construed is ambiguous. Pursuant to this rule, the courts are entitled to seek reference to earlier legislations that deal with sim ilar matters in order to unveil the true nature and purpose of the later Act of Parliament. Another important principle in statutory construction is the mischief rule. This rule is commonly applied to legislations that amend or revise prior Acts of Parliament that have been found to have some defects or mischief. Under this rule, when the curative legislation is written in such a way that its purpose is rendered ambiguous, the courts interpret it as having the intention of curing or removing the defect in the prior legislation. No other interpretation shall be given except that it is intended to cure the defect or mischief of the law stated in its purpose in the first place. The next principle in statutory construction is the literal rule basically mandates the courts to use the literal

It is a discussion post about ocean fisheries sustainability Assignment

It is a discussion post about ocean fisheries sustainability - Assignment Example 1. Some fishing practices are harmful to the fish and have been branded illegal and even banned in some of the countries that heavily rely on fishing as a major income earner. Some destructive practices should hence be banned round the globe so as to protect all ocean habitats and salvage the lives of the fish. Pollution that also poses a great danger to marine should also be a major concern thus measures put in place to curb and control polluted drainage to ocean habitats. Another way to put off overfishing along with by catch is to withdraw from eating fish as well as other seafood. According to Dr. Sylvia Earle, famous marine scientist and National Geographic Explorer-in-Residence, people should take a break from consuming seafood until they learn better how to uphold healthy fish as well as wildlife populations ("Sylvia Earle - National Geographic Adventure Magazine," n.d.). 3. With a familiarity of the threats to ocean fisheries sustainability, it is, therefore, essential to act towards working on them so as to change the face of the fishing industry. Stringent fishing rules and regulations ought to be put in place so as to govern on how fishing is carried out with a bid of avoiding instances of overfishing (Palma, Tsamenyi & Edeson, 2010). By so doing, ocean habitats are bound to be protected and no risk of extinctions. 4. Nations around the globe have been up in arms with the intent of devising applicable approaches aimed at supporting ocean fisheries sustainability. Fisheries may gain from reserves when they assist in replenishing nearby habitats via spillover of adult organisms as well as dispersal of larvae. The rise in the biomass of business species within marine reserves has been known to increase the reproductive output provided the reproductive grounds are incorporated in the reserves (Greenberg, 2014). Palma, M. A., Tsamenyi, M., & Edeson, W. R.

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

Law of Tort - Essay Example To begin with, the information is solicited at a party which indicates that in the circumstances, Mary could not have reasonably expected Winston to exercise a degree of care. Secondly, there is no evidence on the facts of the case for discussion indicating the Winston held himself out as having specialized knowledge relative to good used car. It would appear that Mary is relying on the fact that Winston is her boyfriend and this is not the requisite special relationship alluded to in Hedley Byrne. The special relationship referred to is in which the individual relied on for information and advice is in that line of business. Liability for negligent misstatement will not arise in social settings.5 The situation with Errol is quite different as Winston is asked for advice based on his professional capacity as an account executive. Errol wants advice about the Winston’s company’s profitability and sales potential with a view to going into business with Winston. Liability for negligent misstatement would arise where advice or information is sought from a person who is qualified to give that information or advice and it is clear that the information or advice is going to be relied on.6 Therefore Winston owes Errol a duty of care since he is an account executive and owns the business that Errol wants information about for the sole purpose of going into business with Winston. It is clear that Errol will rely on Winston’s information, as Errol is seeking the information for a specific purpose.7 Winston can also be liable to Errol for remaining silent when his boss Felicity fraudulently misled Errol with respect to the insurance policy. Although Felicity is Winston’s boss, Sizzler’s is Winston’s company, the fraud involved information about Sizzler’s insurance policy covering Errol’s new shop. Therefore Felicity is actually Winston’s agent. Under the ruling in Standard Chartered Bank v Pakistan National Shi pping Co., the principle is liable for the fraud of an agent who was acting under the principle’s authority.8 Winston will also be liable for negligent misstatement with respect to the reference he provided for Barnie. Barnie was let go from Winston’s employ as a result of restructuring, not for the reasons stated in his reference for Barnie. The fact that Winston believed that his reference was honest is of no consequence since he failed to investigate the facts before committing his reference to paper and distribution. It was held in Cox v Sun Alliance Life Ltd that an employer owed a duty of care to conduct reasonable enquiries into the facts. All negative statements must only be made after conducting a reasonable inquiry or investigation.9 This case confirms an earlier ruling by the House of Lords in which it was ruled that an employer

Discuss the diversity of young children's experiences of language and Essay

Discuss the diversity of young children's experiences of language and literacy at home. To what extent can there be a match be - Essay Example 4). Since the mind is believed to be a blank slate, the culture or the behavior prevalent in the child’s surroundings may affect the way he learns language. The infant can learn through social interaction and transmitted learning, which is largely behavioral in a sense that what he observes dictate the way he learns language. However, the behaviorist theories on language were criticized by Noam Chomsky saying that the mind is already structured and that language learning is highly psychological through his theory of Universal Grammar. Chomsky believes that children’s language acquisition is â€Å"closely tied to the theory of the mental mechanisms children use in acquiring language† (Pinker, n.d.). A part of the brain which Chomsky called â€Å"learning acquisition device† is part of the â€Å"human genetic endowment† which makes the person involuntarily and innately learn his natural language (Kellog, 1997, p. 242). If Chomsky’s theory shoul d be followed, there would be no formal pattern as to how children learn how to talk, since they do it â€Å"their† way and not because of behavioral ‘patterns.’ Since each child is unique in his way of learning the language, there could be no one way to teach it nor there is one process which stood above all others in terms of effectiveness and accuracy. Children are born with their own facet of learning the language and the environment’s role is just to aid the development of language learning through experience; the idea of Chomsky reveals to be more relevant if basing on the effectiveness of teaching strategies following such principle. Language Learning in the Early Years One of the most unique characteristics of humans apart from other animals is the use of language in many ways, aside from communication. Through language, people were able to build civilizations with sophisticated culture and arts which were innovated by the present age for utility a nd fashion. Truly, human’s leap towards the development of language leads them to discover more about themselves and their surroundings. The transformation of language is magnificent, but what truly is amazing is how people learn the language in the early years of life considering that babies are born without a language. This idea wonders linguists from different times; they explored a human’s language development and made theories about it, but still, no absolute principle is governing the process of language acquisition. Bock (2005) revealed more interesting findings about babies and their language. She reported the findings of Patricia Kuhl, a university professor, found out that the babies’ mind is set by birth to distinguish different sounds that they have â€Å"no trouble hearing distinctions and sorting out sounds† (Bock, 2005, p. 4). The same claim was made five years earlier through an experimental research by Professor Peter Eimas of Brown Unive rsity. In the experiment, Professor Eimas took advantage of the baby’s habit of sucking. The baby subject, Jean-Paul, is French exposed to French culture and language. The recorded sound pattern of his sucking became the basis of comparison along the process. When he was initially exposed to the Russian language, he sucked the rubber nipple more vigorously and began to subside as he tend to ‘get bored’ with the Russian sound. When the researcher exposed him back to the French language, he showed

A study of traffic noise affecting residential building along Essay

A study of traffic noise affecting residential building along expressways - Essay Example (Wiberg, Mardh, 2008). Hong Kong can be considered as one of the densest cities in the world facing traffic noises issues especially with the growth in the economy leading to the demand for housing and transportation. Different people react differently to the level of noise. However, at certain level, noise starts affecting everyone in the form of irritating and frustrating people (Environmental Protection Department (2006). Noises can also affect the daily activities of life like watching television, talking over the telephone and doing household chores. Just like any other metropolitan city; Hong Kong also faces noise issues and more than 1 million people have been affected by it in last few years. (Amundsen, Klaeboe, 2005) Excess traffic noises can be considered as the major reason behind the noise pollution that is mainly because of the poor planning leading to cramped development of residential properties alongside the highways (Crawshaw, 2008) Moreover, the growth and developme nt in 80s and 90s marked serious noise pollutions along with a rise in residential properties and constructions. ... With land paucity, constructors are forced to look for lands that are outside the city and next to expressways. However, living alongside the expressways has its own disadvantages in the form of being exposed to high level of traffic sounds at wee hours along with getting affected by heavy vehicles sounds. The government cannot stop the movement of vehicles on expressways and therefore is bound to look for other options that can help residents to bear with the increasing traffic sound on expressways (Wiberg, Mardh, 2008) The government can improve the quality of roads along but the numbers of cars, lorries and trucks increase during nights that affect the sleep pattern of people considering the sound created by moving vehicles. The concept of low noise road surfacing can be considered as an option to mitigate the level of noise pollution but the concept requires time and research to be implemented and more importantly it requires huge investment considering the number of highways in Hong Kong. As per the information collected from the website of HKSAR Government, it was found that a number of flyovers and expressways cut though the main district of the city and people living beside such flyovers and expressways have been greatly affected by the traffic noise in last few years. The government stated that because of the previously built flyovers and expressways and currently developed urban areas, there have been some serious concerns over the quality of life among residents. Despite the introduction of planning standards and the Environmental Impact Assessment, there cannot be done anything that will reduce the level of traffic noises instantly (HKSAR Government (2012) 2.0 BACKGROUND TO THE

Human Resource Management Research Paper Example | Topics and Well Written Essays - 2250 words

Human Resource Management - Research Paper Example With the advances in knowledge and technology in the past few decades, more companies are resorting to digitalization of their systems and services. Employees who are able to understand the new systems quickly are maintained while the rest are laid off or relocated. This paper seeks to review the current trend of integrating learning and development into a wider strategy in organizations in the United States. Introduction There have been several trends that have emerged recently in the training and development of employees in various institutions and organizations in the United States. Innovative training technologies have been utilized in some major companies to educate and train their workers, while ensuring they are accountable for the required programs they are supposed to undertake. In human resources, departments which are tasked with recruitment, hiring, and catering for career developments of employees (Bones, 2006), require training programs to address issues among their emp loyees such as performance, behavior or conduct issues. Human resources training and development enhances communication in the workplace and it improves the performance and overall morale of workers. This gives the company a great and continuous advantage to their competitors. A training program thus entails assessing the need that an organization has, designing the necessary material to address the need, developing relevant training exercises and presentations and implementing the program with an evaluation of the results for success. Literature Review The emergence of change and advancement of technology and expectation have led to many challenges to organizations around the globe and major trends in the organizations in the United States have been adopted such as the hiring and employment trend (Bones, 2006). Due to small company budgets, managers are resorting to cheap labor by opting to employ non graduates over graduates. They are reducing the amount of human labor in their co mpanies and implementing digital systems to offer services to their clients more efficiently. Several factors determine the decision by managers to resort to these trends in an organization such as the cost implications of a training program, the ineffectiveness of initial training programs and lack of commitment of employees among others. The role of line managers in coaching and development In many organizations, the training and development activities are increasingly declining due to the high cost of training programs. This decrease could be reflected due to small training budgets or no faith in the value that training employees bring to the organization. If the management of an organization invests in a training program and the results of the program have little or no success on the intended business benefits then they would be hesitant to implement the program a second time. Organizations that are small and have a small number of employees are more likely to lag behind on trai ning the workers probably due to budget constraints. Managements in these organizations opt to minimize on human labor or they employ people with minimal skills to save on salary costs. They pay more attention on equipping the managers who the business depend on to lead it more effectively and focus less on coaching the other employees. Organizations with a high number of employees, more than ten thousand, and charitable organizations are also more likely to lag

Student Teaching Reflection Essay Example for Free

Student Teaching Reflection Essay The class was a very talkative and energetic bunch of students. The class had a high tendency to get off task when working independently, during free time, or in small groups. The cooperating teacher and I developed a new positive behavior plan in hopes of improving the talkative behavior. We develop a plan to give each student a star when we saw them reading, not talking when they are not suppose to be, getting things out quickly for the next subject, or sitting down and doing their work without talking. At the end of the week the students would have the opportunity to cash in their stars for tangible rewards. The class’ talkative behavior did improve because of the new positive behavior plan that the cooperating teacher and I developed. All of the students stayed in the classroom for most of the day except one student who is on an IEP for a learning disability and ADHD and is currently taking medication. This student is only in the classroom for Social Studies/Science and at times for Math. He does join the students for P. E. , music, lunch, recess, T. V. programming, computer, and counseling. There is, also, another student who is ADHD and he is currently taking medication. There are three students who leave to go to the Title I room for reading and there are five students that leave on occasion for math, depending on how much they are struggling. Three students leave once a week for speech therapy. Once I started teaching the whole day, my days went by very quickly. Within an elementary classroom there is always so much going on and with very energetic 1st  graders I never had a chance to stop moving. I did learn quickly that no matter what you plan in your lesson plans, they change and the teacher needs to adapt to the change. I have found that organization, time and classroom management, flexibility, and communication with other teachers and administration are a must for teachers. I was fortunate to have the opportunity to attend parent/teacher conferences and teacher in-services meetings. I felt that attending these activities helped me better prepare myself as a future teacher. The teacher in-service provided me with wonderful information that I will continue with and take into my classroom. The in-service informed us about the unfamiliar disability, a learning disability. The in-service did not just give me information about LD, it gave me a chance to know and feel what it is like have a learning disability. It really opened my eyes and my heart to the LD students. Before going into my student teaching experience, I was unsure of how I felt about the No Child Left Behind Act. After being in the classroom and viewing the guided reading groups, I think it is a great way to keep students reading at their level. It benefits all children to achieve and succeed in their reading skills, abilities, and levels. If there was only one reading texts for all of the children, it would only benefit a handful of students. The more advanced students and the less advanced students would be at a great disadvantage and not be able to succeed at their highest potential. I also believe that there should be separate groups for math. I had students who could have excelled at higher levels in math, but were held back because of the less advanced students. No Child Left Behind Act is very hard for one teacher in the classroom to handle, if they want to be able to get to all of the groups of students and to have them excel. I feel that teachers need an aide within the classroom to assist during the guided reading time. My experience in the 1st  grade classroom has taught me a tremendous amount about being a teacher, organization, time and classroom management, flexibility, and communication. I learned many effective ways to run a classroom, classroom management, and teaching strategies. I feel that I am prepared for a teaching position in a regular education classroom. I am looking forward to the challenges, rewards, and positive benefits to teaching children.

Welfare To Work Programmes

Welfare To Work Programmes Welfare to work programmes have been used by governments since the 1980s to articulate a desire to replace passive support for unemployment and active measures to help encourage people to get into paid work. The Labour government reiterated this principle, but took a number of new approaches building up to an ambitious programme for welfare reform for people of working age. This essay will study the origins and rationale of New Labours welfare to work programme. It will also examine the impact it has had on people and unemployment since the programme has been introduced. While there is evidence that welfare to work programmes has been around before 1997 (when Labour came into power), their results were patchy and they had not been continuous. When the Conservatives were in power, their policies were criticised because it was more concerned with minimising fraud than maximising work, and it encouraged dependency and trapped people in unemployment. By 1995, Gordon Brown, the then Shadow Chancellor of the Exchequer, argued that government could not simply create jobs, but â€Å"its role was to promote macroeconomic stability and provide economic and employment opportunities for all† (Field White, 2007). He then proposed that the future government should launch New Deal for under 25s. Subsequently, 1996 the unemployed in Britain were redefined as â€Å"jobseekers† by the 1996 Jobseekers Act (HMSO, 1994). To qualify for the new jobseekers allowance (JSA) required that unemployed individuals to enter an agreement indicating the steps they intended to take to look for a work and the minimum wages they would accept. Jobseekers were given guidance in looking for jobs in a particular way, to take other steps to improve their employability or participate in training schemes. Under the JSA agreement, claimants have to commit to active job seeking behaviour, and they had to sign a declaration to which they understood that their benefit eligibility would be affected if they do not do enough to find work, are deemed unavailable for work or act in any way to reduce their chances of getting work. Failure to comply with the jobseekers agreement will ultimately result in benefit sanctions. It was believed that most unemployed looked for jobs but the JSA system was designe d to intensify activity and put pressure on those who were genuinely not looking for work. However, following the introduction of JSA there was increased job search activity with the newly unemployed but it was less effective with the long term unemployed. New Labours welfare to work programme is based on a typically American â€Å"workfare† approach. Workfare refers to the requirement that people who are judged able to work and available to work must seek and accept work in the regular labour market. The reforms have which have taken place have originated and been influenced by US-styled workfare. However, this move towards a US-styled welfare is not a new trend, the British policy makers have been influenced by US welfare systems in the past when the Conservatives were in power. Governments have always been cautious and resistant about being referred to as a US-styled workfare, opposed by both the right and left for different reasons: â€Å"the right disliked the expense involved setting up training schemes and the left sees any element of compulsion as anathema† (Daguerre, 2004). Nevertheless, just before Conservatives lost office, they moved more towards workfare through a proposed large-scale extension of â€Å"Proj ect Work† (A programme requiring the long-term unemployed to work part time in community projects). The start of the programme Restart, The Stricter Benefit Regime and Employment Training programmes was also a step closer to a US-styled workfare (Peck, 2001). New Labours flagship was New Deal, it placed more emphasis on training than any previous policies, and it also promoted compulsion for target groups. The new welfare system under New Labour appears to have strong echoes and similarities to the US-styled workfare and this can be clearly seen from the Labour Partys policies which indicate strong emphasis on making work pay and not the other way round, in which dependency on benefits would pay for people. Moreover, the redesign of New Deal in 2001, Labours second term, was working more towards moving as many people of working age into the labour-market. This is influenced by American ideas in a few ways. Firstly, the government was promoting a â€Å"work first approach† and getting people to work and not rely on benefits. Secondly, the formation of the â€Å"Jobcentre Plus†, which is a single point of service to all benefit claimants. This is partially based on American Administration. Alistair Darling, the Chancellor of t he Exchequer quoted that the Jobcentre Plus is there to provide everyone with the help they need to find work, quickly as possible, and it is a work first approach (Daguerre, 2004). Thirdly, the greater compulsion is based on the American approach. This involves the introduction to work-focused interviews for benefit claimants, particularly for lone parents. In 1997, the future Prime Minister Tony Blair spoke about New Labours approach to welfare reform would focus on services, not just cash benefits, and would be designed to help people meet change in an increasingly insecure world. New Labour would increase the employability through education and skills and an active employment service. Labour came in to power in 1997 and one month after winning power, the Prime Minister Tony Blair confirmed that the greatest challenge to his â€Å"welfare to work† government was to refashion the institutions to bring new workless class back in to society (Finn, 2003). Shortly following this speech, in 1997, New Deal for 18-25 years old was introduced. It became something of a political mantra for New Labour, in which there would be â€Å"no fifth option† of a life on benefit; and those refusing to comply with the rules would be docked 40 percent of their benefit (Peck, 2001). New Deal represents the first real attempt to implement activa tion policies for the unemployed in Britain. Labours first term in government highlighted the performance of the economy and an increase in employment. At a time when there was a much needed change in the welfare state, New Labour came in to power and did just that. The Prime Minister Tony Blair promised employment opportunities for all and committed the government towards full employment over the next decade. When the Conservatives were in power, their policies made people dependent on benefits and trapped them into unemployment. New Labours welfare to work programme would put a stop to this and make work pay, and not make benefits pay. Labours reasons for a reform on welfare state is to bring the workless class back in to society. Blair made a speech saying; â€Å"Now at the close of the 20th century, the decline of old industries and the shift to an economy based on knowledge and skills has given rise to a new class: a workless class. A large minority is playing no role in the formal economy, dependent on benefits and the black economy Today the greatest challenge for any democratic government is to refashion our institutions to bring this new workless class back into society and into useful work, and to bring back the will to win.† (Tony Blair, speech at the Aylesbury Estate, June 1997) The rationale of New Labours welfare to work programme is set to help those that are disadvantaged into employment and reduce the reliance of benefits; the end result would be an increase in employment and reductions on people living off benefits. Blair insisted that there would be â€Å"no no-go areas for New Labour† and at the heart of all the policy changes, welfare reform was on the top of the list. Welfare to work is defined by New Labour both as political and as an economic project; it is concerned with rejoining the poor in to paid work, and help people get into real jobs to tackle poverty. The task of the Labour government was seen one of radical and work reinforcing reform, and the task for wel fare recipients would be to cooperate and respond enthusiastically to the new opportunities (Labour Party, 1997). The New Deal programme was introduced after two decades in which child poverty had doubled; the number of people on incapacity benefit had risen by 1.5 million; and more than 80,000 young people had been on unemployment benefit for more than a year (DWP, 2008). New Labour had promised to get 250,000 under 25 years-olds off benefits and into work. The welfare to work budget was funded by the way of a  £5.2 billion through a â€Å"windfall tax† on the profits of privatised utilities (Peck, 2001). The first priority was to tackle long-term youth unemployment. The New Deal for Young People (NDYP) was introduced to begin with; then New Deals for the long-term unemployed (New Deal 25 Plus); New Deal for Lone Parents (NDLP); New Deal for partners was introduced for the partners of the unemployed; New Deal 50 Plus; and New Deal for Disabled People (NDDP) was introduced, which was largely provided by voluntary and private sector. The objectives of the New Deals were to increase long- term employability and help young and long-term unemployed people, lone parents and disabled people into real jobs. NDYP is a mandatory programme for 18-25 year-olds who have been claiming jobseekers for six months. However, it is at the six month stage, benefit becomes conditional and claimants enter another stage of New Deal. New Deal has three stages; a gateway, an options and a follow through. Each of these stages aims to enhance the chances of people landing a job. The gateway period comes after six months of unemployment and lasts up to four months. At this stage, individuals are assigned to a personal advisor, who helps claimants find work and provides guidance. If after the four month gateway period participants fail to find work, they then enter the option stage. During this period each individual is required to take up the following four options: employer placement, voluntary-sector work, education or training, or a membership of an environmental task force (Field White, 2007). These stages on the New Deal programme are in place to aid people to gain knowledge, experience, skills, and t herefore better their chances of finding real jobs. The purpose of the New Deal programme is to improve employability, because in the end employment goes to the employable and in this increasing global competition, individuals need to be able to adapt to learning new skills. New Deal has promoted work for lone parents and disabled people, for whom job search is a condition of receiving benefit. Work-focussed interviews have become mandatory and it is an approach to which all working age individuals who are living on benefits consider the possibility of entering the labour market (JRF, 2004). Until recently in the UK lone parents were not obliged to register for work until their youngest child was 16. However, this has now changed and as proposed by the Green Paper, from October 2008 lone parents with older children will no longer be entitled to Income Support solely on the grounds of being a lone parent (DWP, 2007). Instead those who are able to work can claim Jobseekers Allowance and they will be required to look for work. From October 2010, lone parents with the youngest child aged 7 or over will no longer be able to receive benefits on the grounds of being a lone parent. Labours welfare to work programme has introduced major tax and benefit reforms which, in combination with new rights at work, including the national minimum wage, are targeted at making work pay. The development of tax credits has expanded and transformed support for people with low incomes. The family credit was replaced by Child Tax Credit for parents with low income and the Working Tax Credit was introduced for those on low earnings. Together with the minimum wage, it has given people the incentive to work. Tax Credits have been linked to a wider objective of reducing child poverty, and it lifted relative child poverty by half a million (Finn, 2003). The government believes work is the best route out of poverty, and by introducing Tax Credits, the government is improving incomes for all children with parents that are not in paid work or in low-paid jobs. Tax Credits have improved unemployment and poverty traps, by ensuring individuals are entitled to more from working than from be nefits. However, this policy has been criticised for increasing dependency on employment, extending means testing up the salary scale and the potential impact on work incentive and employer wage-behaviour. The New Deals have been subject to an intense evaluation programme. The impact of New Labours welfare to work programme has been significant in reducing unemployment, and figures illustrate that â€Å"the number of people claiming Jobseekers Allowance is at its lowest for over 30 years. The number of long-term claimants unemployed has fallen from more than half a million to 125,000; while for young people it has fallen from 85,000 to fewer than 7,000† (DWP, 2008). By the end of 2001, it was suggested that half a million people had found jobs through the various New Deals and 53 percent of NDYP leavers were entering jobs (Finn, 2003). The most dramatic impact was with those who were unemployed for over a year, where the number fell from 90,700 to 5,100, a falloff almost 95 percent (JRF, 2004). Various independent researches confirm that New Deal has been successful in helping people find work. Research by the institute of Fiscal Studies found NDYP increased the probability of f inding a job by 20 percent (IFS, 2001). Also the introduction of personal advisors (NDPAs) has had a positive effect on participants, and evidence consistently has recognised the individualised help given by the NDPA as the key element of success. Even though findings done by independent researches imply that NDYP has reduced long-term youth unemployment, some people say the reduction of unemployment has merely reflected the strength of the economy, as since 1997 the economy has produced an additional 2.9 million jobs (JRF, 2004). The impact of New Deal has not been as significant as it was predicted and set out to be. Figures prove that youth unemployment is higher than when Labour was elected in 1997, and rising. Since 2001, figures on youth unemployment have been increasing, and those who are on NDYP and unemployed under six months has grown. This is because little seems to happen in the first six months of unemployment, and JSAs conditionality is increasingly ineffective as New Dealers and staff simply wait for the programme to start, which is six months into unemployment. Figures illustrate that by 2007 there was an increase of 82,000 young adults unemployed since 1998 (Field White, 2007). Similarly, the number of jobless young people, unemployed between six to twelve months is increasing and it stands well above the level at the start of the New Deal in 1998. What is more shocking is the level of unemployment for those who have been out of work for over 12 months; it has also increased dramatically since 1998, and the same applies for those who have been unemployed for more than two years. Overall, the number of young people unemployed, whether it is short-term, or long-term, it is on the increase. Claimants who have completed their New Deal, and still have not found work, are required to re-enter the New Deal, and then they are known as â€Å"retreads† (Field White, 2007). The number of retreads has continued to grow with some claimants entering New Deal not only for the second time, but a third, fourth or even fifth time. New Deal has been unsuccessful in finding work, and people are left jobless and dependent on benefits. This shows a structural weakness of the Governments New Deal programme, and data suggests that New Deal seems incapable of adapting to the needs people who find it difficult to find work, i.e. the very group which is most reliant on the New Deal for this purpose. Given that the government believes that the New Deal programme is to be the most effective way to ensure that there is no fifth option of remaining on benefits, why is there a growing number of people going on to New Deal for a second, third, fourth or fifth time? The government is contradi cting itself here. Long-term statistics suggest that men increased employment in the first six months after qualifying for NDYP. However, this disappeared over the following twelve months (Wilkinson, 2003). Women, do not do as well as men, and they tend to go the whole way up to the follow up period, implying a lower level of increase in employment. In 2007 there were 1,043,000 young people not in education, employment or training (Neets), which is a rise of 131,000 since 1997. However, despite the rise in youth unemployment, the proportion of young people on the New Deal is falling. Lone parents have suffered a complex range of barriers to work, ranging from attitudes of employers, access to childcare, to difficulties with meeting housing costs and the complexity of the welfare system. Findings were complemented and confirmed by a study of non-working lone mothers, which found that the majority of them had a general desire to work but were constrained from doing so by slim financial gains or by lack of suitable or affordable childcare (JRF, 2004). Paying for childcare was a significant barrier to work for lone parents. With the new policies which are being introduced in October 2010 for lone parents, it is most likely to increase unemployment rates with this target group and create further barriers. The increasing rate of unemployment is questioning New Labours rational of New Deal and its attempt to reduce dependency on benefits. Currently, unemployment is rising and New Deal has been criticised and been labelled as a failure. New Deal relies heavily on assisted job search and as we can see it is far from recession proof. This is why Labour has a new development which is called, Flexible New Deal. This new programme came in to force in autumn 2009, and it replaces the New Deal 18-24 and 25+ and Employment Zones programmes (DWP, 2008). Flexible New Deal has set out to provide an opportunity for Prime Contractor organisations from the private, public and third sectors to work together in partnership to deliver this new programme across all Jobcentre Plus districts. There are five core principles of the Flexible New Deal: A stronger framework of rights and responsibilities to move benefit customers from being passive recipients to active jobseekers. A personalised and responsive approach to individual customer needs which will provide tailored employment and skills support to meet the needs of both customers and local employers. A partnership approach with public, private and third sector organisations working together to maximise innovation, leading to more and better outcomes. Devolving and empowering communities for future sustainable employment which will be at the heart of neighbourhood renewal. Not just jobs, but jobs that pay and offer opportunities for progression, with an emphasis on sustaining and progressing in work to ensure all customers who need help to develop their skills have access to the relevant pre-employment and in-work training. The goal of Flexible new Deal is to eradicate child poverty by 2020, but this is not going to be an easy task. We are yet to see how successful this new programme will be in ensuring we move towards full employment and opportunity for all. In conclusion, New Labours welfare to work programme has helped to overcome unemployment at a time when the labour market was expanding and on a boom. Employers are more likely to take on the unemployed, as they desperately need staff to fill the vacancies. New Deals have helped more than 1.8 million people get into work in the last ten years. However, figures demonstrate how the rate of unemployment, particularly with the 18-25 year olds, has risen and is continuing to do so. The very rationale of New Labours welfare to work is being contradicted, as the unemployed are not being given realistic employment opportunities, and people are still signing on for benefits, not for work. The New Deal programme is clearly not adapting to fit the needs of participants or the labour market, as people are entering New Deal not only for the second time, but a third, fourth or more occasions. New Deal should be implemented from day one of unemployment for young people, as the largest group are tho se who unemployed for up to six months, which is before the New Deal programme kicks in. More of the same will not work, and the government needs to change the way New Deal is programmed and fit it around the needs of individuals and help them back into the labour market. We will have to wait and see how the development of the Flexible New Deal helps to reduce unemployment, but if the current situation is anything to go by, the government has a lot to prove. Bibliography Books Daguerre, A. (2004) Importing Workfare: Policy Transfer of Social and Labour Market Policies from the USA to Britain under New Labour, Social Policy Administration. p41-50. DWP (2008) Transforming Britains Labour market: Ten years of the New Deal, Department for Work and Pensions, London. p2-10 Field, F. and White, P. (2007) Welfare isnt working The New Deal for Young People, Reform, UK. p7-23 Finn, D. (2003). Employment Policy. In N. Ellison C. Pierson (Eds.), Developments in British social policy 2 (pp. 111-128). Basingstoke: Palgrave Macmillan. p111-128 Peck, J. (2001). Another New Deal: Workfare, United Kingdom style. Chapter 7 In J. Peck (Ed.), Workfare states (pp. 261-340). New York: Guilford Press. p261-315 Kay, J. (1998) Evolutionary Politics. Prospect July: 31-35 Wilkinson, D. (2003) New Deal For Young People: Evaluation Of Unemployment Flows, Policy Studies Institute, London. Internet Sources JRF-Joseph Rowntree Foundation. (2004) Labours welfare reform: Progress to date http://www.jrf.org.uk/publications/labour%E2%80%99s-welfare-reform-progress-date (Date Accessed: 11/04/10) IFS- Institute for Fiscal Studies. (2001) Evaluating the employment impact of a mandatory job search assistance program. http://www.ifs.org.uk/publications/1734 (Date Accessed: 11/04/10)

Workplace Monitoring Surveillance And Workplace Privacy Information Technology Essay

Workplace Monitoring Surveillance And Workplace Privacy Information Technology Essay Today business is being conducted electronically because internet access in every organization has become a business necessity. The internet, social networking, email, websites, forums, wikis, blogs, and instant massaging are the essential tools that an employee uses to communicate, collaborate and to do research work. But, these resources could be misused for private and illegal activities. As we all know the majority of all employers monitor employee arrival and departure time. Almost every organization, cash has been handled accurately. The majority monitor accuracy and quality of there employees work. Each and every employer expects maximum productivity from there employees. The employers think that the monitoring is not unreasonable; monitoring is commonly accepted as a business requirement. Still large number of organizations they do not monitor the manner in which the workers use there computers. The improper use of computer tools can have serious threats for an organization. In a computer base business environment lost of productivity wont be the only issue that an employers face how much time do they spent for none related activities? For instance, how much time were employees surfing the internet? What do they do during there time online? Play games, look for the perfect partner? How many none related emails that they got and send? By doing numerous none related work they waste valuable the time of the employees and network bandwidth of the company sometimes, employees get internal confidential information and data and use them for illegal purposes. Therefore, the monitoring in this regard should be highly considered. Personal surfing has become a nuisance for employers. Employees utilize computer tools for there leisure and pleasure within the normal working hours. A survey revealed that in an organization the lost time of an each employee is around 2.5 hour per worker. With the use of the number of work force and the hourly pay rate the total employee cost of cyber lacking could be estimated and it was a considerable amount. One of the security company, Sophose disclosed 60% of its uses accessed the social networking site, Face Book during the working hours. And that more than 25% of its uses accessed the site more that 10 times each day during working hours [Employee Computer PC Activity Monitoring Solution]. Around the world approximately there are fifty million Face Book users per day. And this number is increasing by 200,000 per day. How many cyberlackers are there in your organization and how much do they costing? The other important matter to be taken to consideration is Intellectual Prope rty Theft (IPT). Interconnected computers and mobile instruments provide new opportunity for people for access and steal data. These data could be conveyed to a laptop or a flash drive. Carnage Mellon Universitys software engineering institute has found 75% capital IPTs were done by internal machines in the staff. In recent case a research chemist has being admitted to stolen $400 Million worth of property data from his former employer DUPOINT [Employee Computer PC Activity Monitoring Solution]. Fraudulent often has access to very confidential information which can be misused by the employee or sold to a third party. It is stated that HSBC customer personal accounts were stolen up to $500,000 after the HSBC employee passed on data in to a criminal associate. [Employee Computer PC Activity Monitoring Solution]. Employers hold some form of legal liability and accountability for the actions done by there employees. According to the institute of e-policy, a considerable percentage of employers were prosecuted by courts due to improper use of electronic mail and web based technologies [Employee Computer PC Activity Monitoring Solution]. Therefore, monitoring employee activities is not a universal remedy to the above problems discussed. Introduction of Effective monitoring with an electronic policy could be implemented as a part of a risk management strategy. Computer Monitoring and Electronic Monitoring is rapidly to growing readably in world business. The technologies have become more powerful and easy today. It is inexpensive to install and maintain. Therefore, the rate of electronic monitoring in developed countries has increased considerably. In United States in 1999 the percentage of employer who electronically monitor there workers was 67%, in 2001 this number has increase to 78% by 2003 92% of employers were conducting some type of work place monitoring [National Work rights Institute]. This rapid growth of monitoring could be destroyed any sense of privacy as we know in American work place. In Srilanka the government embarked ambitious program that establish email and internet all government sector organization in 2003. Under this program they are equipped with a computer and a wide access to online environment has raised numerous privacy related questions for both employers and employees. In particular issues of email and internet usage and employee monitoring in the work place is an important matter to be taken in to consideration. And also issue of electronic surveillance in the work place has an impact on employee privacy rights. There are four categories of usage in organizations. Sending and receiving email, accessing and posting documents on the World Wide Web (WWW), sending and retrieving computer files which is known as File Transfer Protocol or FTP and joining electronic discussions such as news groups internet related chat groups. Email is a widely used internet service although many users are active in all categories. We could see two interest parties exist in an organization and two competing interests in the employment context. The employers right to conduct business in a self determination manner and the employees privacy interests or the right to be let alone. For employer and managers, employee monitoring is a necessity. It has been argued that email and internet monitoring in a work place are the most effective method to ensure a safe and secure working environment and to protect employees too. In addition to that, some argue with that monitoring may boost efficiency, productivity, customer service and allow more accuracy to evaluate employee performance [DeTienne, 1993]. Different types of monitoring systems could be implemented by the managers in there particular organizations. In a computer based work place employee key stroke speed and accuracy is commonly monitored by the employers. Other electronic devices such as video surveillance which detects employee theft and employee safety. Spying is a detective tactic. When there is suspicious activity within the organization, they use systems for tapping of phone calls, the frequency of phone calls and Badge system to locate the employee within the working hours. It is argued as to whether employee monitoring is advantages to the employee. Advantages could be identified a few in number, comparing to the number of disadvantages. Electronic monitoring is beneficial for the employee because it provides impartial method of performance evaluation and prevents interferences of managers feelings in an employee review. Data information collected by the electronic system offers uniform and accurate feedback on the past performance. Therefore electronic evaluation system would be the best performance appraisal based on the quality and quantity and accuracy of an employees actual work, rather than managers opinion. Where there are computers and electronic monitoring is available it provides flexible in-work locations convenient. Working hours by allowing employees to telecommunicate or use system available from the employer The advantages as well as the disadvantages are important to employees because advantage is helpful to employees disadvantages due to monitoring crates negative influence to the benefits of an employee. Some of the employers do monitoring by using law cost methods for better productivity and a good customer service. But the employers, those who really use modern methods to exerting control and power over employees. Electronic technology which uses for monitoring has made it easy of collecting private-data information that could be used negatively against the employees character or behavior and to take unfair decisions to harass the trouble maker and the union organizers within the organization. Fairness in how monitoring is implemented has to be considered. Whether the standers are reviewed as reasonable, the information collected should be work related and important for the employees quality of work life of day-to-day life and not other than anything else [Levy. M, 1994]. In this computerized world, where information and data are the most valuable consumer goods. Personal data is the life of the new economy when the process of information exchanges. For some businesses information is money and for this reason they buy and sell information derived from personal data. In the same way for some governmental and military organizations information and data are for their security purposes, for this reason, they manipulate personal data and information in the name of safety and public security. In both cases we could see that an individual or groups do not have always ability to control the flow of there personal information and data and are unable to determine for themselves when, how, and which personal information should be shared with others. Although information technology is related to privacy violation, that the privacy is not a new issue. It is not computes invade privacy but people who have the tendency in many ways to invade the privacy of others. Presently privacy problem seems become even worse, and information technologies such as network database, digital and tele cameras, microphone transmitters and monitoring hardware devices and software programs. The aim of these technologies to select different kind of data information for various purposes. However sometimes personal information and data is maintained without the permission of the individual and personal data travel on the super high way offering invaluable information and details to various parties from marketing companies to government agencies. Creation of electronic surveillance and monitoring in an organization, create unnecessary stress and pressure on them. Under these conditions heavy workloads and repeating functions leads them to social isolation and loss of job satisfaction. Under this type of working conditions a study revealed, that monitored employees suffered from physical and psychological health problems [Levy, 1994]. Employers today, depending the business they do, generally conduct monitoring in there organizations in order to increase productivity and customer care. Most of the employers initiate electronic monitoring which results devastating to employee privacy. Employee monitoring systems frequently record personal communications while at work. Internet monitoring is very invasive especially in a computer environment. It would be easier to communicate through internet than on there office telephone or email. Most invasive of all is video monitoring. These hidden video cameras installed in every were of the work place or factory such as locker rooms and bathrooms and there stoles. Some employers dont know when and what they are being monitored or watched. Some employees know that they have a standard employer who reserves the right to monitor anything at any time. While other employers do not know whether it is there email, voicemail, web access or hard drive or whether they are being monitor ed at all. Therefore, it is clear that the privacy at the work place is at a risk. Therefore, before initiating a program of monitoring employers carefully should consider effective solutions other than monitoring. Business field should have properly trained managers who are capable to deal with sensitive employee subjects. Supervising staffs can set conduct guidelines, address concerns, mediate complaints as well as monitor deal with those employees that choose to abuse company resources. Business should always conduct as in-house assessment to identify whether electronic monitoring is even necessary. Management should speak with employees regarding the productivity problem. Employee may suggest alternative ways to solve the problem if monitoring is chosen; employee may participate designing the monitoring program. If monitoring is conducted the scope must be as narrower as consistent with achieving the particular objective. If the company chooses to adopt electronic monitoring, notice should be given in advance of any monitoring. This notice specifically state what would be monitored and when this would occur. Protection of employees privacy by law is more important where monitoring is conducted. Therefore, to develop a privacy policy in the workplace, an ethical involvement in computer monitoring and work place privacy has to be taken in to consideration. Computer ethics deals with the balance between employee rights and employer interests and development of an effective employer use policy. On a practical basis any computer based organization can draw upon a code of ethics or policy should include the following theories The Law which include moral principals include with negative consequences for disobedience. Code of practice guidelines for employers to work within the organization. Professional Ethics Guidelines to employers/ managers to work within the organization. Personal Ethics Values that influence actions of the individual Monitoring mechanism is very important to employees for many reasons. Failure, to inform and advice the employees that the computer based activities will be monitored maybe a violation of employee privacy rights according to the certain judicators. If the employees have been notified that they are being monitored they will be compelled to prevent from breaching the AUP (Acceptable Use Policy). Furthermore undisclosed monitoring would bring negative impact on employee moral. Therefore following steps could be taken to formulate a acceptable use policy (AUP). An AUP should be communicated to staff of the organization in writing Permitted and prohibited activities should be setout for the usage of e-mail, internet and other applications. Specify the disciplinary actions that will be taken for the disobedience for the AUP. Employer should notify that they are being monitoring and when and what will be monitored. Although both employer and employee should stick to this AUP, there may be particular that could be unannounced monitoring is taken place. But such action should be taken, only after a legal advice. It is advised that an AUP should be supported with worker educational programs too and in these educational programs it should be discussed on the following topics. The necessity of an AUP? That compliance should be compulsory The conditions applicable in the AUP The consequences to disobedience The extent of monitoring Who should consult with any questions about the AUP In this manner employer and employee relations could be established and maintained, industrial peace and the privacy rights of the employee will be secured to create a computer based environment which would enhance production and productivity. That would lead to economic development. The educational program will not only educate the AUP to workers and ensure compliance; it may also introduce of good codes of practices within a social framework and entering them in to legal process. In the contrary, it may provide a defense against law suits by enabling an employer or an organization to demonstrate that all responsible steps were taken to ensure that the work place is free from harassment and all efforts were taken to provide maximum possible protection for employee privacy rights and to maintain the workplace privacy rights of the employees in the organization. Taking in to privacy violation, in the information society it is important to discuss about the right of privacy to some extent. Communication privacy includes privacy of email, teleconference, voice telecommunication and postal mail. Information privacy determining the purpose of use and communication of personal information with others. It consists of rules including legislation and industrial codes concerning with the collection, providing data on request, scatter about selective information or personal data such as credit information and medical and governmental data information and records. With regard to computer ethics, communication and data communication privacy are the main concern. Method of privacy violation in the data communication and technology sector could be classified in to the following categories, Intrusion: wrongful entry of acquiring procession of property belongs to another and by extension, violation of privacy. Misuse of data information: illegal use of information for unauthorized activities Interception of information: unauthorized access to private information by a third party to a private communication. Data matching: data combined, linked and compared from two of more unrelated databases to create new information. The purpose of data matching is to regain statistical information, or create computer profiles. This data matching is used for instance, by security agencies to discover wanted criminals, terrorists or missing persons or by tax agencies to find out illegal earnings and tax defaulters. Data mining: the collection of masses of data into one or more data bases in order to get new information and knowledge that was previously hidden and unidentified. It is used in direct marketing, allowing marketers to combine various criteria taken from databases to focus on a specific target group. [Stamallos.G, 2007] According to the above possible methods of privacy violation, databases, networks do a major role therefore, what can be done to protect individual personal privacy? Some of the governments have tried to protect personal data through special legislations or privacy guidelines. In 1998 OECD (Organization for Economics Corporation and Development) ministers adopted the declaration on the protection of privacy on global networks in order to ensure the respect of important rights, build confidence in global networks, and prevent unnecessary restrictions on transborder flows of personal data. UK parliament published the data protection act of 1998 which protects the personal data of an individual (Stored in either digital or paper form) from unreasonable or illegal use. The Australian Federal Government the OECD guidelines with privacy act in 1988. The US privacy legislation seems to be a special one but more recently the US privacy legislation has supplemented two major laws on the use of personal data. One is the privacy act of 1994 and the other one is the computer matching and privacy protection act of 1998. [Stamallos.G, 2007]. It is very clear that old common laws do not really cover the area of work place privacy in many countries. Therefore, a gap exists between the times when a new communication technology is created; new laws have to be designed by the state legislature to cover the new technologies and to protect the work place privacy as well.