Wednesday, September 2, 2020

Market Auditing Wesfarmers Limited

Question: Talk about the Market Auditing for Wesfarmers Limited. Answer Presentation: In the year 1914 a gathering of ranchers began working as a gathering. The gathering was later named Wesfarmers. In its underlying working years it for the most part managed coal mining. The business developed after some time quickly. The companys early extension procedures joined obtaining. The business currently has extended to sell equipment and home outfitting types of gear. It began by working in the retail business, presently it is a combination. At present, Wesfarmers is the biggest organization of Australia by income. A year ago the organization earned income of AU$62.7 billion. Wesfarmers is likewise the biggest private boss in the nation. Around 205,000 laborers are presently right now utilized in this association. The association has spread its branches in Bangladesh, Ireland, and the United Kingdom. The report quickly depicts the business showcase where the Wesfarmers work and assesses the current patterns with respect to the development, gainfulness, and the full scale condition of the market where the association works. It additionally investigates the idea of culmination in the market and the market fragments. The objective markets and the dynamic of the organization are additionally remembered for this report. The report assesses the large scale condition in general where the association works with the assistance of a PESTLE examination of the market. The qualities and shortcomings of Wesfarmers to its principle rival are likewise talked about here. The fundamental reason for this report is to give a market review to the Wesfarmers. Market portrayal: The market wherein Wesfarmers works in is the retail advertise. It is an open organization. Wesfarmers produces the majority of its salary from the general stores and the supermarkets working in the business sectors of Australia. The Wesfarmers Limited has a portfolio which is different in nature. The aggregate is as of now working in a few enterprises like grocery store, departmental and home improvement shops, dispersion of vitality, preparing gas, coal mining, synthetic industry, manures industry, and other item businesses. It likewise gave protection broking and guaranteeing administrations for a concise timeframe. Out of 2,000 organizations working in Australia, Wesfarmers Limited stands at the top position. The contenders of Wesfarmers Limited are Woolworths Limited, Metcash Limited, Caltex Australia Limited, and others (Abdullah Khalidfvlehmood, 2013). Among these contenders, Woolworths Limited stands as the top contender of Wesfarmers Limited. Development: The business where the Wesfarmers Limited is working has indicated quick development as of late. The Global Financial Crisis of 2007 didn't hit the Australian market quickly, in spite of the fact that the delayed consequences were felt by the organizations during the year 2009. From that point forward, the market became vigorously because of legitimate government intercessions and strategy estimations. The joblessness rate in the nation has gone down in the ongoing years. It made expanding request design which was supported by a decrease in the joblessness rate. Alongside this expanding request, there are a few issues which are influencing the development of the business. The advanced age of the nation has expanded as of late. As indicated by Fleming and Measham (2015), buyer based powers like differentiated client fragments alongside the computerized markets have placed weight in the business where the Wesfarmers Limited works. In spite of the negative attributes saw in the retail business of the nation, the business developed quickly throughout the previous barely any years. The retail part of the nation has demonstrated an expansion in the turnover by 3.7 percent a year ago. The accompanying figure shows the expansion in turnover of the retail business of Australia in various states. As the figure above shows, the nation has seen a general yearly development in the retail part advertise. The majority of the states have indicated a yearly development rate over three percent (given in the shading dark). A few states like Queensland and Western Australia has demonstrated a little pace of development. The month to month development rate is nearly less for all the states (given in blue). Gainfulness: The expanding development rate advocates expanding gainfulness through boosting deals or catching a superior piece of the pie in the nation. The opposition in the business has ascended after the post-quake tremors of the Global Financial Crisis hit the Australian economy over the long run. The quantity of contenders expanded imperceptibly as the large partners of the market have procured a portion of the medium and little measured organizations and the new participants in the market are as yet standing by to get acknowledgment. A colossal bit of the market is separated among the top huge combinations. These associations for the most part choose the gainfulness in the market. The productivity of the business relies upon different qualities like cost base of claim to fame retailers, forte retail lease, cost base of retail chains, and others. The economy of the nation is a case of a created nation with blended economy. The retailers of Australia spend more on staffs and leases than a la rge portion of the other created nations. In any case, this doesn't make the benefit of the countrys retail industry any not exactly the other created nations like the United Kingdom and the United States of America. The claim to fame retailers gainfulness in Australia is 9.4 percent right now though the retail chains have seen a benefit of 9.9 percent. The circumstance is appeared in the figure beneath. As appeared in the figure over, the estimation of the productivity for the retail establishments of Australia is higher than that of the United Kingdom and the United States of America. Then again, strength retailers of Australia procure less benefit rate than the equivalent of the United Kingdom and the United States of America. Full scale condition: To comprehend the full scale condition of Australian retail part, a PESTEL examination is done (informative supplement). It is obvious from the examination that the government of the nation has the authority of ad libbing the standards and guidelines so as to keep the market from abuse free. This fuses making obstructions for cartel shaping inclination. There are additionally other political elements which are focused towards the social government assistance. The motivation behind the administration is to decrease the expense to the general public. The carbon charge law is there for banishing the associations from delivering waste and discharge of green house gases past a specific sensible point. The vitality division of the Wesfarmers Limited and its business assets are intensely influenced by these guidelines (Jones, Hillier, Comfort, 2014). Being a mining organization too, the association concerns the administration understandings in regards to showcase disappointment, negative ex ternalities, proficient creation, and carbon charge. The economy has recouped after the post-quake tremor of the Global Financial Crisis of 2007. The joblessness rate expanded for a brief timeframe. The administration activities have drove the rate down by and by. The expense of provisions and protection are still yet to descend. Being a blended economy, the Australian retail industry offers the Wesfarmers Limited a few chances to expand the benefits. The way of life of Australia is with the end goal that individuals are bound to spend in grocery stores and departmental stores. This has the potential for the Wesfarmers Limited to build their benefit from working in this industry. The average folks of Australia like one-quit shopping, which will profit the association. Wesfarmers Limited offers that assistance. Being universes extraordinary compared to other mining countries, the business is preferable in Australia over numerous other created nations. The creation innovation fuses trend setting innovation and types of gear. This is upheld by different innovative work offices arranged everywhere throughout the nation. The innovative improvement of the nation likewise made the monetary procedures of the nation proficient. Australias sound legitimate framework secures the customers and workers rights. The ecological and business laws fill in as the key rules for the Wesfarmers Limited (Taylor Hoyle, 2014). The administration of the organization capacities relying upon these laws and guidelines. The laws of the nation consistently ensure the natural characteristics of the nation. The contamination control office can help the Wesfarmers Limited to be a supporting association. Industry rivalry: As per Akbar and Ahsan (2014), the fulfillment in the business is fair yet is influenced by the choices made a portion of the top working organizations like Wesfarmers Limited, Woolworths Limited, Metcash Limited, Caltex Australia Limited, and others. These organizations own the greater part of the portions of the market, making it simpler for these organizations to influence the market. The administration laws help the organizations in remaining serious and fills in as obstruction from making a cartel. It builds the general effectiveness in the business. Subsequently, it very well may be said that the associations have to some degree power over the costs of the products they are selling. The economy presents a monopolistically serious market for this area. The primary contender of the association is Woolworths Limited. These two organizations together hold all out 70% of the all out piece of the overall industry (Biddle, 2016). The Woolworths get 28.4 million clients for every week while the Wesfarmers get 20 million clients. The Wesfarmers have close around 3,000 shop-fronts over the nation, though, Woolworths has 961 operational shop-fronts. In the terms of representatives Wesfarmers utilize laborers more than some other organizations in Australia. Wesfarmers have complete 210,000 representatives in Australia and 225,000 workers over the entire world. Then again, the Woolworths has the second most noteworthy number of representatives with 190,000 specialists working in Australia. The qualities of Wesfarmers are diminished work costs, a

Saturday, August 22, 2020

Human and Animal Interrelationships from Domestication to Present Term Paper

Human and Animal Interrelationships from Domestication to Present - Term Paper Example Also, the roman ranchers utilized different instruments for cultivating. They utilized the ard to furrow the land since it could break the dirt into fine particles. As per Gedacht (9) they furrowed the land in right-calculated headings to make an even surface. On occasion, the dirt was substantial in light of the fact that it contained roots and vines. This constrained the ranchers to utilize substantial bulls to furrow the land. During collecting, they utilized sickles and grass shearers. Be that as it may, they improved the sickle by moving the switch at an inclination as far as possible to guarantee negligible strain on the arm. Moreover, they built up a creature driven machine that could expel the crop’s head and supplement into a compartment. During the hot atmosphere, water system was crucial for ideal harvest development. The ranchers developed dams and supplies fixed with water-safe concrete to give the essential water to improve creation (Gedacht, 12). Water system wa s crucial in managing the developing populace since it helped with continuing the food grains yield. These ranchers practiced hoeing and weeding along these lines as the present non-motorized networks. They had sufficient information on developing different yields simultaneously to limit weed development. Furthermore, they were additionally acquainted with the advantages of fertilizer. This incited them to touch their animals on neglected land since this methodology would recharge the land with compost (Frank 10). Moreover, the ranchers fused the rotational practice in processing grain, an advancement that came about to setting up of a water plant. Nonetheless, the result of the differing processing techniques was changed flour grades. Hand processing was additionally a significant practice among the Roman ranchers. One hand controlled the plant while the rest of the hand took care of the machine with grains. Creature cultivation was predominant among the Romans. They utilized jackasses and bulls during work and raised sheep for milk and fleece. Aside from arrangement of food, the ranchers raised goats since they gave hair to

Friday, August 21, 2020

Nobody Likes to be Around a Whiner free essay sample

â€Å"I didn’t even foul him!† â€Å"It’s difficult to tell sometimes.† â€Å"No, it’s not! That ref just sucked!† I sat alone in the second column of our minivan, shuddering somewhat in my b-ball singlet and shorts. I ought to have worn a coat to battle the January chill, however being an obstinate 10-year-old, I had demanded that I didn’t need one. Notwithstanding the freezing cold stroll from the parking area to the game, I had played well. Very well. But the idiotic ref continued creation an inappropriate calls! I was thumped to the ground by an excessively forceful forward, and a foul wasn’t even called. At the point when I scarcely brushed the forward’s shoulder on the following play, the whistle was blown on me! The shamefulness was agonizing. Clearly the ref was either in genuine need of a couple of glasses or needed the other group to win, yet when I attempted to communicate my resentment during the vehicle ride home, I saw that my dad’s articulation became sterner in the rearview reflect. We will compose a custom exposition test on No one Likes to be Around a Whiner or then again any comparative subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page A talk was coming. â€Å"You know, being a ref is a difficult activity. Individuals commit errors here and there, and you simply need to manage it. Were there a few calls that didn’t go your way?† While he was slowly inhaling, I snuck in an irate, indiscernible, â€Å"Yup.† â€Å"Yeah, there were a couple,† he yielded, addressing his own facetious inquiry. â€Å"But there were likewise a few calls that did go your direction that shouldn’t have, and, guess what? At the present time, the other group is whimpering about those calls.† Obstinately declining to meet my dad’s eyes in the rearview reflect, I pondered what he had said. Despite the fact that from the start it had appeared to be impeccably clear that the official was subtly working for the other group, I guessed that he made a couple of calls that went our direction. I really preferred not to let it be known, however my father was likely right: it wasn’t worth getting furious about two or three wrong calls. I no longer play ball, yet my dad’s address has stayed with me. At the point when I race, I generally set aside the effort to salute my adversaries, regardless of who wins. Because of my great sportsmanship, I’ve become companions with my adversaries and anticipate seeing them at each meet. Watching ball and soccer matches, I don’t bother the players or arbitrators. At the point when the remainder of the fans are shouting, â€Å"Warm the transport up!† to the losing group, I attempt to concentrate on the game. Also, I surely don’t spend the commute home crying about how terrible the officials were. I felt that my father was finished with his discussion, so as we maneuvered into our carport, I took a glace at him in the rearview reflect. Tenderfoot slip-up. My dad’s hazel eyes were looking piercingly back at me, and he included one last idea. â€Å"And no one jumps at the chance to be around a whiner.†

Friday, June 5, 2020

The Companies Act 1985 interpritation - Free Essay Example

Title: The Companies Act 1985 s. 14(1) states: Subject to the provisions of this Act, the memorandum and articles, when registered, bind the company and its members to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and of the articles. In Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915] 1Ch 881 at 897 Astbury J said of this provision: The wording of [this subsection] is difficult to construe or understand. Consider the differences in the interpretation of this provision. What are the main alterations to this provision which have been made by s.33(1) Companies Act 2006? ANSWER Introduction All practitioners and students of company law will be familiar with section 14 of the Companies Act 1985 and its somewhat convoluted implications. The section provides that, on registration the memorandum and articles of a company together bind the company and all of its members to a contract incorporating their terms just as if the documents had been signed by each member and included undertakings on the part of each member to respect and adhere to the provisions of the memorandum and articles. Section 14 has long been known as imposing a corporate or statutory contract on the company and its members. In recent times steps have been taken to replace the Companies Act 1985. The Companies Act 2006 received the Royal Assent on 8 November 2006. Margaret Hodge, Minister for Industry and the Regions, has welcomed the new Act as predicted to à ¢Ã¢â€š ¬Ã…“bring major benefits to business by modernising and simplifying company lawà ¢Ã¢â€š ¬Ã‚  and set out an implementation timetable which pledges to commence all parts of the Act by October 2008.[1] That said, it is anticipated that most parts of the Act will actually be brought into force by October 2007.[2] Consisting of 1300 sections the 2006 Companies Act is the largest piece of legislation ever brought onto the statute book. Among its many changes is a re-writing of the section 14 corporate contract. The new version, which is contained in section 33(1) of the 2006 Act, has been simplified and re-worded. The contrast between the two provisions is analysed in the following commentary after an examination of the old law and the jurisprudence relating to it. Section 14 of the Companies Act 1985 Section 14 of the Companies Act, the text of which is set out in the title above, has effect, as stated, that the memorandum and articles of association constitute a contract between the company and each member and between the members themselves. However, it is long established principle that the memorandum and articles do not have the capacity to constitute a contract with outsiders unless an express agreement exists to the contrary or a provision of the constitutional documents is found to constitute an implied term of a contract between a third party and the company.. The legal superstructure surrounding the section 14 contract is therefore sophisticated and complex. Moreover given that the contract seeks to govern the often fraught relationships between a company and its shareholders and between the shareholders themselves it is hardly surprising to note that litigation on the issue is fairly commonplace.. These factors have combined over the years to produce a dense and sometimes uncertain body of law. It is therefore unsurprising that in Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915][3] Astbury J reportedly stated that the wording of section 14 is à ¢Ã¢â€š ¬Ã…“difficult to construe or understandà ¢Ã¢â€š ¬Ã‚ . In the following sections of this paper the individual characteristics and effects of the section 14 corporate contract are analysed and explained using case law illustrations. The form and nature of the statutory contract At the outset it is pertinent to consider the nature of the statutory contract established by the memorandum and articles. Cogent authority for the contractual effect of the articles can be distilled from the declaration of Lord Selbourne LC in the House of Lords in the case Oakbank Oil Co v Crum (1882)[4]. The Lord Chancellor stated: à ¢Ã¢â€š ¬Ã…“Each party must be taken to have made himself acquainted with the terms of the written contract contained in the articles of associationà ¢Ã¢â€š ¬Ã‚ ¦ He must also in law be taken to have understood the terms of the contract according to their proper meaningà ¢Ã¢â€š ¬Ã‚ ¦ and that being so he must take the consequences whatever they may be, of the contract which he had made.à ¢Ã¢â€š ¬Ã‚ [5] The contract created by section 14 is, it is submitted, a special statutory contract with its own distinctive characteristics. The binding force behind the contract flows directly from statute, rather tha n from any bargain struck between the parties and as such it is directly subject to and referable to other provisions of the Companies Act.. For example, section 9 of the 1985 Act provides that the terms of the statutory contract, the articles of association, can be varied by a three-quarters majority vote of the members voting in general meeting (a special resolution). This is clearly in contrast to the ordinary rules of contract, where unanimity between the parties (or consensus in idem) is required for a variation of contractual terms. This rule has clearly been embedded for pragmatic reasons of effective management and control. Mindful of the fact that a company may have many members the statutory contract acknowledges the risk of possible stagnation and therefore provides this crucial exception to the à ¢Ã¢â€š ¬Ã…“normalà ¢Ã¢â€š ¬Ã‚  and golden rule of contractual conduct. It is useful to note that there are other contractual principles which are inapplicable in the cas e of the statutory contract as a consequence of its unique nature. For example, unlike the case with a normal contract, as illustrated by the case Scott v Frank F Scott (London) Ltd (1940)[6] the court has no jurisdiction to rectify a set of articles once registered even if it can be proved that they do not, as they stand, represent what was the true original intention of the promoters who incorporated the company. Nor can the court endeavour to imply terms for the purpose of supplementing the articles under the business efficacy rule as the case Bratton Seymour Service Co Ltd v Oxborough (1992)[7] testifies. The first legal consequence of the section 14 contract is that the memorandum and articles are held to comprise a binding contract between the company and each individual member. The corollary of this is that each member will be held to be bound to the company by the provisions set down in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles in his capacity as member. Furthermore, althou gh section 14 does not explicitly lay down the rule that the articles bind the company to the membership, the company is indeed treated as bound to each member in his capacity as member to honour all the provisions made out in the articles. The case of Hickman v Kent or Romney Marsh Sheepbreedersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Association (1915)[8] is instructive. Hickman was engaged in a dispute with the Association in question. However, the Associationà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles provided that disputes between the company and the membership must be referred to an arbitration process. Hickman sought to assert to the court that the articles did not constitute a contract between the members and the company, and thus that he was not bound by the arbitration clause. The matter was considered by Astbury J, who analysed the case law, but it was thereafter held that the articles were binding and that the Association was entitled to a stay in the action. The articles were indeed found to constitute a contract between the company and the members so as to ensure that arbitration was employed to resolve disputes. Supporting authority can be found, inter alia, in the case of Pender v Slatington (1877)[9]. Here at a shareholdersà ¢Ã¢â€š ¬Ã¢â€ž ¢ meeting the chairman declined to accept a memberà ¢Ã¢â€š ¬Ã¢â€ž ¢s votes. The articles provided that one vote would be allocated to every ten shares owned by shareholders. The decision of the chairman caused the defeat of a resolution proposed by the member in question, and as a consequence he applied to the court for the grant of an injunction preventing the directors acting in contravention of the denied resolution. The plaintiff succeeded in his claim: the court once again confirming that the articles were a contract binding on the company just as it was binding on the members of the company. In Wood v Odessa Waterworks Co (1889)[10] the articles provided that a dividend should be paid to the members annually. One year the compan y issued a debenture to members instead and a member complained to the court. It was held that the articles should have been followed. Stirling J stated quite categorically that: à ¢Ã¢â€š ¬Ã…“the articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other.à ¢Ã¢â€š ¬Ã‚  That said, in Salmon v Quin Axtens (1909)[11] Farwell LJ approved Stirling Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s remark, but then stated that the court would not enforce the covenant as between individual members in most cases. Moreover, in the case Welton v Saffery (1897)[12] Lord Herschell denied that there was any contract between the individual members of a company and ruled that any rights given to them inter se could only be enforced by or against a member through the conduit of the company itself: à ¢Ã¢â€š ¬Ã…“It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in terms between the individual members of the company; but the articles do not any the lessà ¢Ã¢â€š ¬Ã‚ ¦regulate their rights inter se. Such rights can only be enforced by or against a member through the company or through the liquidator representing the company..à ¢Ã¢â€š ¬Ã‚  In light of this ostensibly contradictory statement it seems that Astbury Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s comments in the earlier Hickman v Kent or Romney Marsh Sheepbreedersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Association case that are highlighted in the title to this paper were indeed well founded. Further confusion was added by Scott LJ in London Sack Bag Co Ltd v Dixon Lugton (1943)[13]. He stated: à ¢Ã¢â€š ¬Ã…“It may well be, even as between ordinary members of a company who are also in the nominal way shareholders, that section 14 adjusts their legal relations inter se in the same way as a contract in a single document would if signed by all.à ¢Ã¢â€š ¬Ã‚  It is submitted that the weight of case l aw does confirm that the memorandum and articles will be enforced as a contract between the members themselves. There is surely considerable practical utility and commonsense in permitting members to bring actions against each other if one party fails to adhere to a provision in the memorandum or articles without the complexity time and expense of involving the company. Why should it be necessary to involve the company in any such action? Additionally it should be noted that there is always a real risk that the members against whom it is intended to enforce the articles either have control of or are able to exert influence on the board of directors who will be charged with the decision as to whether to authorise the use of the company name in order to enforce the articles. It seems to defy any intelligent analysis to insist on the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s participation in actions directly concerning and between individual members. In Rayfield v Hands (1960)[14] Vaisey J comment ed that he found the statement of Lord Herschell in Welton v Saffery à ¢Ã¢â€š ¬Ã…“somewhat crypticà ¢Ã¢â€š ¬Ã‚  and it is suggested that this is judicial code for à ¢Ã¢â€š ¬Ã…“plainly wrongà ¢Ã¢â€š ¬Ã‚ . In Rayfield a companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles provided that members wishing to transfer their shares should inform the directors of the company, who would be obliged to purchase the shares at a fair price. The plaintiff member held a number of shares and requested that the defendant directors should buy them but this request was declined. An action was brought to sue on the contract established by the articles of association and this was done without joining the company. The court had no difficulty in finding that the directors were bound to buy the shares. The articles were found, on the strength of section 14, to have created a binding contract between the directors, in their capacity as members, and the plaintiff, in his capacity as a member. The memorandum and a rticles do not provide rights or impose obligations on non-members. It is a corollary of the above rule that no legal rights purportedly given by the memorandum or articles to a member in any capacity other than that of member (for instance either as a company solicitor or a director) will be enforceable against the company.. So called à ¢Ã¢â€š ¬Ã‹Å"outsider rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ will not be enforced. The memorandum and articles do not constitute a contract with outsiders and must be confined in their effect to the members in regards to their rights and obligations in that capacity. In the case Eley v Positive Government Security Assurance Co (1876)[15] the articles of association expressly stated that the plaintiff would be employed as the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s solicitor. After acquiring shares in the company the plaintiff worked for the company for a period of time, but later the company dismissed him. The plaintiff sued for breach of the contract that was constituted by the articles. Perhaps the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s credentials as a solicitor were not as strong as they could have been because, predictably, it was held that the action must fail because there was no binding contract in the articles between the company and the member in his capacity as a solicitor, which was held to be no more than an outside interest in terms of the statutory contract. The foregoing cases map out much of the legal effect of the section 14 contract. It is clear that while there has been confusion as to the meaning of section 14 in the past, and in particular at the time at which Astbury J made his featured comment in Hickman, much of this ambiguity has now been resolved. The new statutory contract: Section 33(1) Companies Act 2006 As stated section 14 is now in the process of being replaced by section 33(1) of the Companies Act 2006. The new provision states as follows: 33 Effect of companys constitution (1) The provisions of a companys const itution bind the company and its members to the same extent as if there were covenants on the part of the company and of each member to observe those provisions. This can be set against the text of the old provision, which provides: 14. Subject to the provisions of this Act, the memorandum and articles, when registered, bind the company and its members to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and of the articles.à ¢Ã¢â€š ¬Ã‚  The two provisions seem to be very similar in substance, although the new provision set out in section 33(1) of the 2006 Act has been simplified and drawn in more streamlined terms. This chimes with the fact that a new simplified and streamlined model set of articles has also been made available under the new Act. It is pertinent to note that under the 2006 Act the status of the company memorandum has changed to become merely a formal document recording the position at the point of registration, and that just the articles of association will be treated as the continuing constitutional document of the company. This does not represent a major change in practice given that it has always been the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles of association that have provided the vast majority of any terms that have fallen subject to litigation. In summary it is submitted that the new provision does not alter the previous law in significant terms or challenge the principles of case law that have been established alongside the application of earlier versions of section 33(1). The language of the provision has been clarified and updated and it is now specifically referable to the articles only, but that aside, previous precedents on the section 14 contract will continue to be of bearing. Concluding Comments on the Corporate Contract As stated in the title to this paper, in Hickman v Kent or Rom ney Marsh Sheep-Breeders Association [1915][16] Astbury J complained that the wording of section 14 was à ¢Ã¢â€š ¬Ã…“difficult to construe or understandà ¢Ã¢â€š ¬Ã‚ . It took almost 100 years before Parliament responded to his concern, but the section 14 provision has now finally been re-written in the form of section 33(1) of the Companies Act 2006. Many of the concerns and ambiguities noted by Astbury J in 1915 have been resolved in the intervening period. As the simplified provision contained in section 33(1) of the 2006 Act beds down it is predicted that far fewer judicial concerns will be apparent in subsequent years because most of the questions that could be asked of it have already been answered by the courts. THE END DOCUMENT WORD COUNT : 2931 (excluding footnotes) BIBLIOGRAPHY Companies Act 2006: https://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060046_en.pdf. Dine J, Company Law, 5th ed, (2005) Palgrave Macmillan DTI, Companies Act 2006: A summary of w hat it means for private companies, February 2007: https://www.dti.gov.uk/files/file37956.pdf. DTI Government News Network: https://www.gnn.gov.uk/environment/detail.asp?ReleaseID=240760NewsAreaID=2 French D, Blackstones Statutes on Company Law 2006-2007, (2006) Oxford University Press Grier N, Company Law, (2005) W.Green Griffin, Company Law Fundamental Principles, 4th ed., (2005) Longman Hicks A Goo S.H., Cases Materials on Company Law, 5th ed, (2004) Oxford University Press House of Commons Hansard Cases as footnoted. 1 Footnotes [1] Hansard 28 January 2007, Column 90WS. [2] See: https://www.bytestart.co.uk/content/19/19_1/companies-act-guide.shtml. [3] [1915] 1Ch 881 at 897. [4] (1882) 8 App Cas 65. [5] Ibid, at p70. [6] (1940) Ch 794. [7] [1992] BCLC 693. [8] [1915] 1 Ch 881. [9] (1877) 6 Ch D 70. [10] (1889) 42 Ch D 636. [11] [1909] 1 Ch 311.. [12] (1897) AC 299. [13] [1943] 2 All ER 763. [14] [1960] Ch 1. [15] (1876) 1 Ex D 88. [16] [1915] 1Ch 881 at 897.

Sunday, May 17, 2020

The Iconic Lives of Johann Sebastian Bach and Ludwig van...

In this essay I will be talking about two of the most iconic musicians of their times and even today. Johann Sebastian Bach from the Baroque era and Ludwig van Beethoven from the classical era. Both of those musicians were a great influences to our music culture today. Here I will try to compare their musical lives and talk about each of the musicians. I will look into their works and compare their styles, rhythm, texture, form, melodic contour, harmonic orientation and the time of each composition. We will look into live styles, music background and major contributions of Johann Bach and Ludwig Beethoven. Johann Sebastian Bach was born on March 21st, 1685 in in Eisenach, Thuringia, Germany. He was from a family of musicians and learned to play the harpsichord, violin and the organ. Bach was given a religious education and it affected his life, he was profoundly religious. He first job was a court musician, he worked different positions as an organist which allowed him to write church cantatas. He wrote a number of famous works the Toccata and Fugue in D minor, The Well-Tempered Clavier and Mass in B Minor. In 1723 he was given a position where he can both teach and create church music. In 1733 Bach created Mass in B Minor that got him a position as a royal court composer to the King of Poland. Bach created The Art of Fugue in 1749 and on July 28 in 1749 he passed away after having a stroke. He is known to be a composer that can put notes together like no one else. LudwigShow MoreRelatedDisney Golden Age Of Animation2192 Words   |  9 PagesSugar Era†, due to its dramatic jumps from dark to ‘sweet’. In just about every way these films pushed the limit of filmmaking. This era also includes the first and only time that breasts were openly shown in a Disney film, found in Fantasia. 2. Live action open a)Conductor as narrator b) Reminded of Early Childhood Centers where we encourage children to paint to the music...and having resulting conversations about their representations. Especially in this first piece! The animation did little

Wednesday, May 6, 2020

Corporal Punishment A Form Of Discipline For Some Parents

Corporal punishment is used as a form of discipline for some parents. Corporal punishment can involve acts such as spanking, and can be viewed through a child’s perspective or an adult centered perspective. However, many parents are unaware of the drastic negative side effects that this form of punishment will have upon a child. These effects can be observed even if the child is spanked a small number of times as expressed by Murray Straus in Ten Myths That Perpetrate Corporal Punishment. Additionally, many parents are ignorant to other forms of disciplines that may be used in place of corporal punishment. A child centered perspective focuses primarily on childhood and valuing the participation of children’s work through play. This is†¦show more content†¦It has been found that corporal punishment can physically change the development of the child’s brain such as the gray matter and the prefrontal cortex (Tomoda et. al). When observing an adult centered perspective, I can relate this to my experiences due to my mother’s attempt to control her children. This need for control is often associated with an adult centered perspective because if adults do not have control over their children, society therefore looks down on them as individuals as well and their parental abilities. My mother excused her acts of corporal punishment as a way of dealing with a child when the child gives you no other options. This is found to be false. Straus explains this in myth 2: Spanking is Needed as a Last Resort. Straus touches on the point that if spanking is truly a parent’s last resort, it may be the worst resort. Straus also highlights how often parents use spanking as a means of relieving their own frustrations, rather than to teach the child right from wrong. Additionally, my brothers live back home in Canada where any form of physical punishment is now ruled illegal throughout the entire country. Therefore, my brother does not parti cipate in corporal punishment with his own children. My mother often explains how this will only result in having spoiled and wild children. Straus also explains how this is false, within myth 6: If You Don’t Spank, Your Children Will Be Spoiled or Run Wild. The only situation that a ‘wild child’ typicallyShow MoreRelatedThe Effects Of Corporal Punishment On Children932 Words   |  4 PagesChildren and Corporal Punishment Punishing children has been one of the most controversial parenting topics this generation has seen. Physical punishment or corporal punishment is simple defined as the use of physical force with the purpose of initiating pain, but not wound, to teach the proper behavior of a child. Corporal punishment has been used for many centuries in schools and in homes but the use of such techniques have since decreased and are not being used in many places today. EvidenceRead MoreNegative Reinforcement Is A Good Form Of Discipline978 Words   |  4 Pagesbe very difficult to those who are parents whether they are a mother a father or a guardian. Parents are obligated to find disciplining techniques that are suitable, and to the world, acceptable. Many people think that negative reinforcement is a good form of discipline, but what they don’t know is its causes increase in the behavior. There are two forms of discipline, as said above it talks about negative reinforcement. Negative reinforcement is where a parent thinks that they are helping the childRead MoreFactors That Influence Middle School Parent s Decision1303 Words   |  6 Pagestendency to abolish corporal punishment have been introduced to challenge old dependence on corporal punishment as a tool for reforming children’s misbehavior, according to Global Report (2008). According to Straus (2001) Corporal punishment is defined as â€Å"the use of physical force with the intentions of causing a child to experience pain, but not injury, for the purpose of this control of the child’s behavior†, corporal punishment was almost universally approved of and used by parents in at least theRead MoreThe Case Against Spanking By Brendan L. Smith910 Words   |  4 PagesSmith, researchers has described that physical abuse and spanking can lead to some serious effects in children. Physical punish ment can lead to aggression, antisocial behavior, and other negative effects physically and emotionally. The research and studies have found evidence of abuse to children in short-terms and long-terms. The physical discipline has been viewed as a violation of Children’s Human Rights. Physical punishment of children became a taboo in 30 countries this legal ban is used only asRead MorePersuasive Speech: Corporal Punishment1625 Words   |  7 Pagesï » ¿Topic: Should Corporal Punishment be used by parents on young children? General Purpose: To persuade Specific Purpose: I want to persuade my audience that corporal punishment should not be a way of punishment and to use other effective punishments. Thesis Statement: Corporal punishment tends to perpetuate a cycle of child abuse. Introduction I.Attention Grabber: â€Å"Corporal punishment is the use of physical force with the intention of causing a child to experience painRead MoreEffects of Corporal Punishment on Children When Used in the Home1354 Words   |  6 PagesEffects of Corporal Punishment on Children When Used in the Home Discussion about corporal punishment is everywhere. It is in the news and in the home, and in education on what is punishment and what is abuse is beginning to rise. Corporal punishment has been used as a disciplinary tool for parents throughout all of Americas history (Gershoff, 2002, p. 1). However, the definition of what corporal punishment actually is, is still unclear to some people and parents. In Wendy Walshs essay, SpankerRead MoreCorporal Punishment And Its Effect On Children1617 Words   |  7 Pages Discipline Styles Parenting styles in the onset of any child’s life is a huge determinate of what their future will turn out to be. Parenting styles are the normative prototypes that parents utilize to socialize and manage their children. Different parents employ different styles of discipline to ensure that their children develop to be all-rounded adults. Children who have been nurtured well by their parents turn up as self-regulated with disciplined behavior. Child discipline is thus a key parentingRead MoreCorporal Punishment: What Are We Teaching Our Kids? Essay1406 Words   |  6 Pagesand fundamentally changed how parents raise their kids. From a child’s nutrition to what your kids should watch on TV have been extensively studied, but none other more than corporal punishment as a means of discipline. Arguably one of the most difficult things any parent has to face when raising a child is discipline. Many parents, whether having their first child or already raising a family, often ask themselves: is corporal punishment an acceptable form of discipline and what effect could it haveRead MoreCorporal Punishment Is A Discipline Method1650 Words   |  7 PagesAccording to criminal law, â€Å"Spanking, also called corporal punishment, is a discipline method in which a person inflicts pain on a child without inflicting injury and with the intent to modify the child’s behavior. Forms of corporal punishment include hitting a child’s bottom, slapping, grabbing, shoving, or hitting a child with a belt or paddle† (Mince-Didier). Supposedly people against spanking define it broadly so that it can be easily be connected to child abuse. People who support spanking tendRead MoreCorporal Punishment And Its Effect On Children1708 Words   |  7 Pagesviewpoint on corporal punishment; some of the reviews take a look at who is most affected by corporal punishment in terms of focusing their lens on race, socio-economic status, gender, culture etc. Some als o take a critical look at the advantages and disadvantages of corporal punishment. Some take a look at the widespread of corporal punishment in the US. Cases against corporal punishment and the effect of corporal punishment on children were also looked into. With all the different ways corporal punishment

Tuesday, May 5, 2020

Develop Teams and Individuals

Question: You are required to develop a Training Needs Analysis(TNA) for a particular area within a workplace of your choice. Align this Training Needs Analysis as per your chosen industry standards. It must be able to identify and analyse the skill gaps of the individual by using a range of methods and sources. Answer: The methodology adopted is the workshops The requirement, for preparing asset evaluation staff by and large, can likewise be evaluated amid a workshop. Alone and in little gatherings, staff can be asked to distinguish what abilities and information they found were expected to do fitting asset appraisal and to help one another in distinguishing zones of change in their work plans and working practices. The explanation behind utilizing workshops and not meets for changeless staffs are: meetings are prolonged and are not achievable for a bigger number of staff inside an obliged timeline. Workshops are useful for social event data and making mindfulness among staff in the meantime. The criteria for selecting staff for investment in Training Needs Assessment workshops are: staff effectively included in exercises identified with marine asset evaluation. Individuals ought to partake in every workshop. In the event that more staff wishes to take an interest in the workshop, they ought to be part of workshops (least four individuals) ideally with homogenous gatherings of staff, e.g. educated senior staff divided from lesser staff and so on. A prescribed technique for utilization amid workshops are the "Pyramid-strategy", by which members are firstly one by one, also two by two and thirdly four by four asked to examine and recognizing certain issues. At last, in gatherings of four or eight, members are asked to discover an agreement to the inquiries given and pick a representative to present the aftereffects of the gathering. Establishing Knowledge and Skill gap The knowledge gap investigation is a valuable for device for helping an organization to keep concentrate on the broad view. By distinguishing where an organization presently stands and where it needs to be, it gets to be less demanding to distinguish how to accomplish the craved level of information all through the organization. Creating a skill crevice investigation commonly includes characterizing the abilities and information needed to finish an undertaking and afterward contrasting an individual's present level with that prerequisite. In the wake of recognizing the crevice between the two, preparation experts work with group to make a plan to cure the circumstances. Deciding the obliged aptitude levels normally incorporates characterizing the occupation obligations when organizations present innovations or methods. Getting Feedback Use of input boxes so as to have an organized methodology for accepting criticisms from the clients. The clients are continually considering ways that the business could be better. Perhaps parts of the site don't exactly provide for them what they're searching. Alternately perhaps they discovered something that is broken. Usually, they won't contact your help group. That just happens if the issue is not kidding. However for the minor disturbances and issues, the client will simply surrender and leave marginally disappointed. Reviews may get the issue in the event that you ask a related inquiry at the ideal time. One wouldn't rely on it. Also, when minoring issues pop up too at times, clients will begin looking for a superior arrangement. Sources of Information Information can originate from essentially anyplace media, web journals, individual encounters, books, diary and magazine articles, master conclusions, reference books, and website pages and the sort of data you need will change relying upon the inquiry you are attempting to reply. References Bailey, A., Gillis, L. (2013). Making the connection: effective ways to link training needs to organizational goals. Gupta, K. (2011). A practical guide to needs assessment. John Wiley Sons. Iqbal, M. Z., Khan, R. A. (2011). The growing concept and uses of training needs assessment: a review with proposed model. Journal of European Industrial Training, 35(5), 439-466. O'leary, M. B., Mortensen, M., Woolley, A. W. (2011). Multiple team membership: A theoretical model of its effects on productivity and learning for individuals and teams. Academy of Management Review, 36(3), 461-478. Mueller, J. S. (2012). Why individuals in larger teams perform worse. Organizational Behavior and Human Decision Processes, 117(1), 111-124. Tannenbaum, S. I., Mathieu, J. E., Salas, E., Cohen, D. (2012). Teams are changing: are research and practice evolving fast enough?. Industrial and Organizational Psychology, 5(1), 2-24.

Sunday, April 19, 2020

Information Systems Essay Example Strategic Systems Planning

What is the apparent value of strategic systems planning during turbulent times when technology shifts occur so frequently? The occurrence of frequent technology shifts give companies a great opportunity to differentiate themselves by cost structure, product feature and service. This is especially true with regards to IT which McFarlan and Nolan (Para 8) state could be used to increase efficiencies and improve cost savings, to support incremental improvement of organizational structure, products, and services, and also to create strategic advantage through changing the rules of competition, extending customer value proposition, extending competitive scope and so on. In this light, it is prudent for organizations to maximize on the opportunities availed by today’s rapidly changing technologies. Strategic information systems and technology planning provides a framework that can help organizations recognize and harnessing these opportunities that are arising out of technology turbulence. Strategic information systems and technology planning is valuable to organizations in such environments where the pace of doing business keeps going up because it reflects a convergence of both means and ends. As means, information systems have become so important to achieving business objectives that they have to be weighed as part of the process of selecting objectives, and not merely act as a means to accomplishing objectives already identified (Pollack 49). As ends, information systems can extend the customer value proposition through provision of new IT-based products and services (McFarlan and Nolan Para 9). Specifically, the intended result of the strategic information systems planning process is to arrive at information systems (IS) strategy that comprises of the Information Strategy, the Information Technology Strategy, the Information Management Strategy and the Change Management and Implementation Strategy (Pollack 51). From each of this sub-sections of the IS strategy, the organization is better able to critically appraise the new technologies, identify those that match its business and organizational strategies and implement them. The ideal situation is that technology should not act as a constraint on a company’s current and emerging business strategy, rather it needs to enable and support them. Further, regardless of the whether times are turbulent or not, in a rapidly changing technology landscape or not, the merits of strategic systems planning that an organization is bound to experience have been well documented by several authors such as Steiner. Some of these merits include application of the systems approach, introduction of new set of decision forces, creating channels of communication and creating a framework for making decision (Steiner 38). A good example of the value of evaluating the company using the systems approach is that it permits management to view the organization as a whole and not as a sum of parts. This way the organization can unearth the interrelationships of its different units and how new technologies will affect these interrelationships. Finally, conducting strategic systems planning during turbulent times provides the company with an ability to iterate quickly around the loop: identify, adopt, measure and learn. When opportunities are presented by the technology shifts it is paramount for organizations to respond quickly in order to take advantage. As Pollack (50) states: â€Å"some rapid responses may be viewed later as failed experiments, but that may prove to be better than a lost opportunity.† Works Cited McFarlan, F. W, and Richard L Nolan. â€Å"Does IT Matter? An HBR Debate.† HBS Working Knowledge. 25 Aug. 2003. Web. 29 Jan. 2012. Pollack, Thomas A. â€Å"Strategic Information Systems Planning.† ASCUE 2010 Proceedings. North Myrtle Beach, SC: ASCUE, 2010. 47-58. Print. Steiner, George A. Strategic Planning. New York: The Free Press, 1979. Print. Take Our Academic Assistance Now There is not a speck of doubt in the fact that we are one of the most professional academic writing services you can ever find online. Don’t you want to benefit from such a service? You sure do. Tell us to forward you the login details.

Sunday, March 15, 2020

Fall of rome essays

Fall of rome essays The Roman Empire is possibly the greatest Empire ever in the history of the world. For over a thousand years the Romans ruled and dominated the area around the Mediterranean as well as most of what is now Europe as well as Asia Minor or the Middle East. In Rome was found one of the wealthiest and most extravagant cultures in the world, Rome for a while also had a great system of government and a great military. The collapse of Rome did not happen quickly, in fact it never really died just the idea of an Empire did. For most of its history the governing body of Rome was a republic where the wealthy dominated the important decisions. Struggle always surrounded from lesser class people or Plebeians attempting to gain political equality and power. The culture became more garbage and the leaders became corrupt and power hungry. As the Empire expanded more money came in and the wealthy benefited from it, while farmers and workers began to fall into poverty. A greater class of plebeians became prevalent and when the demanded equality they were massacred and forgotten about. This lead to turmoil and civil wars for a very long time until Julius Caesar made reforms and changed the system of government, this fell apart after his murder and lead back to civil wars and the inevitable fall of the empire. After the Golden age there were constant struggles for power, at one point there were 26 emperors in a 50 year period, which can bring no stability at all. People fought and killed others for the throne. The economy struggled badly throughout this whole period and measures were taken to try to bring back the power and prominence of the early Empire, this even lead to Emperor Diocletian splitting the empire into two halves. The eastern empire was prosperous and the reforms of the emperors Diocletian and Constantine provided some stability however there were more problems to come. Constant invasions by The Huns as well as pers ...

Thursday, February 27, 2020

Behavioural Finance Implications on Personal Investment Decisions Essay

Behavioural Finance Implications on Personal Investment Decisions - Essay Example This calls for better understanding and insight of the nature of human in the current global outlook, plus advancement of fine skills and the capability to achieve the best from investments. Furthermore, investors need to develop foresight, positive vision, drive and perseverance (BAKER, & NOFSINGER, 2010: p23). Investors vary in all features due to factors such as demographic factors, which entail educational achievement level, socio-economic background, sex, age, and race. The most critical hurdle faced by investors is in the region of investment choices. The most favourable investment decision is a vital consideration and should be proactive in nature. During the design of the investment portfolio, of key consideration should be their financial objectives, the level of risk tolerance, as well as other restrictions. Furthermore, they have to forecast the product mean-variance optimization. This procedure is best appropriate for institutional investors, and more often than not fails for people, who are vulnerable to behavioural prejudice. In the current circumstances, behavioural finance is increasingly attaining an integral position in the decision-making procedure, since it increasingly affects the performance of investors (SHEFRIN, 2007: p77). Investors can better their performance by identifying errors and biases of judgement, which are common to every human being. Comprehending the behavioural finance will play a vital role in enabling the investors to adopt a better investment mechanism and evade future repetition of costly errors. The relevant issues of this investigative study are how to reduce or abolish the psychological prejudices in investment decision procedure. According to the conventional financial theory, makers of decisions are logical. On the contrary, modern theories propose that the decision- making carried out by investors are not propelled by due deliberations (POMPIAN, 2012: p45). The decisions carried out by the investors are also freq uently inconsistent. In other words, decisions made by humans are prone to numerous cognitive illusions. They are categorised into two types heuristic decision process and process theory. Heuristic decision theory is a decision criterion through which the investors discover things for themselves. It refers to thumb rules, which people utilize to make decisions in uncertain and complicated situations (SCHINDLER, 2007: p86). In reality, the decision-making criteria of investors are not completely reasonable. This may be so even when the investors have gathered the necessary information and purposefully investigated, in which the emotional and mental aspects are entailed. They are not easy to distinguish. Though it may be beneficial sometimes, numerous times it may cause uninformed decision outcomes. First, it includes representativeness. The recent accomplishments of investors tend to proceed into the future (POMPIAN, 2012: p82). The propensity of investors to come up with decisions b ased on history experiences is called stereotype. Recent analyses are leaning towards the failure or success, in their profit projections, the nature of stereotype choices. Secondly, overconfidence is another factor. Several points of views surround confidence, as it accords more courage and is perceived as a key to prosperity. Even though,

Tuesday, February 11, 2020

Response Assignment Example | Topics and Well Written Essays - 250 words - 8

Response - Assignment Example However, Darrel uses it in the modern world to express emotions. For instance, the artist uses different textures and fabrics to express different emotions. According to the artist, the textures of a fabric affect people’s brains. By looking at the grains and length of stitches, one can imagine the texture of the fabrics. People are able to tell the texture of fabrics because of their usage of textile since the old times. In addition, Diana got his mixed media idea from the old art ideas of the 18th and 19th centuries. Girls in those times stitched words on pieces of fabrics. Diana borrowed this idea in combining paintings and graphic design. Currently, the concept of mixed media is used by many professional artists in various art forms such as collage and card making. The old mixed media ideas have also been applied in other forms of modern arts such as the multimedia art that combines audio and other non-visual elements

Friday, January 31, 2020

Expenses of an Adventure Recreational Activity Essay Example for Free

Expenses of an Adventure Recreational Activity Essay Abstract Estimates of recreation visitor spending provide inputs to economic analyses and help to identify the economic linkages between the recreational use of forest and its users. Using data collected through survey, this paper determines the type of expenditure of mountain bikers in Putrajaya Challenge Park (PCP). PCP is a recreation area that provides facilities for adventure recreational activities especially mountain biking (MTB). Food, petrol, toll charges and equipment constitute the main expenses for MTB in PCP. The study provides useful information with regards to the characteristics of users, pattern of use and user’s expenditure. It supplies the policymakers with information on the usage pattern that may help in developing the management plan to maintain or improve the quality of facilities provided in PCP. Keywords: adventurous recreation, mountain bike, recreational spending Introduction The Malaysian government encourages sports and recreation through the development of appropriate facilities and has launched many related events, including the adventure recreation. Ewert and Hollenhorst (1997) defined adventure recreation as recreational activities that contain structural components of real or perceived danger and usually involve a natural environment setting in which the outcome is uncertain but influenced by the participant. According to Arnold and Price (1993), adventure recreation activities are essentially non-utilitarian and provide intense, positive, intrinsically enjoyable experiences to participants. Putrajaya Challenge Park (PCP) offers customized facilities for extreme recreation in Malaysia. It was developed by Putrajaya Holdings with the cost of RM38 million and is currently operated by Putrajaya Corporation in collaboration with the Extreme Sports Association Malaysia (ESAM). PCP is well-equipped with facilities for adventure recreational activities particularly Mountain Biking (MTB). It covers an area of about 30.33 hectares and is located in Precint 5, Putrajaya. It has a network of MTB trails that passes through an oil palm and rubber plantation, secondary forests as well as bushes and grassy areas on hilly slopes. The establishment of PCP as an adventure recreation park has an impact on the economy. Estimates on the spending of forest recreation visitors provide the basis in estimating the contributions of forest recreation to local economy (Stynes and White, 2008). MTB contributes to economic growth through all the necessary expenditures to enjoy mountain biking. According to Chin Kriwoken (2003), the popularity of MTB has grown substantially over the last 25 years and continues to grow. Berg, Braun Otgaar (2000) found that sports events have become an important means for the economic development of local community, region or country. The expenses of these visitors support local businesses by bringing profits as well as creating professions for the region and the country (Stynes and White, 2008). Due to this advantage that comes along with MTB, it seems appropriate to develop an estimate of recreational spending by mountain bikers. The objective of this paper is to determine the type of expenditure incurred by the bikers of PCP for MTB activity. The potentials and benefits of studying Mountain Biking in PCP as one of the recreational attraction in Malaysia are also discussed as well as suggestions for the government or forest recreation authority regarding MTB activity. Findings from this study are hoped to provide the government with the information of how much PCP has economically contributed to the state. Figure 1: Location of Putrajaya Challenge Park Source: Putrajaya Corporation (2010) Methodology The data for this research were obtained from a series of on-site surveys conducted in PCP. The surveys took place at the access point of the Bike and Skate Complex in PCP from December 2010 to January 2011. The respondents were randomly selected among mountain bikers in PCP. Respondents were asked about their expenditures for MTB activity in PCP using a structured questionnaire. A total of 150 effective questionnaires were collected. Results and discussion Frequency of Mountain Bikers According to Residence All respondents were asked to specify their residence. The result shows that bikers in PCP came from various locations. Majority of the bikers were from Selangor (98), Kuala Lumpur (20), Singapore (14), Putrajaya (12) while other bikers came from Johor, Melaka, Negeri Sembilan and Pahang (Table 1). Expenditure of Mountain Bikers MTB expenditure consists of four categories; the cost for food, petrol, toll charges and MTB equipment. MTB equipment includes of bicycle, helmet, biking gloves and shoes, knee pads and elbow pads. It was estimated that the mean expenditure of MTB on food, petrol, toll charges and equipment was RM10.60, RM15.60, RM4.20 and RM1, 862.50 respectively (Table 2). Zero value indicates that there is no expenditure on food. This is because mountain bikers need to consume only a small amount of food which they brought from home for MTB activity. The highest expenditure (RM 1,862.50) was on equipment particularly the bicycle and its accessories. The apparently higher expenditure on MTB equipment compared to others expenses is due to the high initial cost required to involve in MTB activity. The lowest expenditure was on toll charges (RM4.20). It is because the majority of the mountain bikers came from Selangor and need not pay for toll charges. White and Stynes (2008) found that spending for any services and goods are mostly influenced by the type of recreational activity and the distance travelled. Other factors influencing the level of expenditure of mountain bikers include the size of the recreation group which means the number of persons in the group, the time spent at the recreation area, local prices and the opportunity to make expenditure on site. During the study, there was no shop or food stall in PCP. Although the mountain bikers normally come in group, the expenditure on food and/or drinks are low because they usually go to other locations for refreshment after MTB. Conclusion From this study, food, petrol, toll charges and equipment constitute the main expenses of MTB in PCP. Apart from MTB equipment, other expenditure remains low. It is proposed to PCP management to allow and encourage the local community to sell food and/or drink in and around PCP area by providing spaces for food stalls and souvenir shop. By having this, not only will it increase mountain bikers’ spending but at the same time generate economic return to the locals. Nevertheless, the study does not incorporate mountain bikers’ willingness to pay for additional recreational facilities in PCP. In estimating the expenditure for recreational activity and its local economic impacts, there might be difference in value between local and foreign mountain biker. This is due to longer length of stay of foreigner compared to local mountain bikers since they have to travel further from home. Longer stay would increase the expenditure, for instance for extra cost for accommodation and meals. In addition, the majority of the foreign mountain biker in this study came from Singapore. Since higher currency exchange of Singaporean dollars, the foreign mountain bikers have higher spending compared to the local mountain bikers. Hence, it is suggested studies on recreational visitor spending is further investigated in the future. Acknowledgements The authors owe thanks to Muhammad Firdaus Faisal and Muhamad Redzuan Abd Rani for their efforts during the data collection. A special thank also goes to the Manager of PCP Bazly Mohamad Najib, former manager, Mohd Asim Md Ali and the staff of PCP for providing the information and data of Putrajaya Challenge Park. This study was financed by a grant from Research University Grant Scheme (RUGS) Project Number 03-01-11 1158RU. All remaining errors and omissions in this paper are solely ours. References Arnold, E., J. Price, L., L. (1993). River magic: Extraordinary experience and the extended service encounter. Journal of Consumer Research, 20 (June), 24-45 Berg, L. van den, Braun, E., Otgaar, A., H., J. (2000). Sports and city marketing in European cities. Rotterdam: Euricur. Brymer, G., E. (2006). Extreme dude! A phenomenological perspective on the extreme sport experience. Unpublished Ph.D thesis. University of Wollongong Chiu L. Kriwoken L. (2003). Managing recreational mountain biking in Wellington Park, Tasmania, Australia. Annals of Leisure Research, 6(4): 339-361 Ewert, A.W., Hollenhorst, S. (1997). Adventure recreation and its implications for wilderness. International Journal of Wilderness, 3(2), 21–26 Stynes, D., J. White, E., M. (2008). National forest visitor spending averages and the influence of trip type and recreation activity. Journal of Forestry, pp. 17- 24

Thursday, January 23, 2020

The Glass Ceiling Phenomenon :: Business Management Studies

The Glass Ceiling Phenomenon ‘The Glass Ceiling’ is a barrier to prevent women rising to the highest positions in an organization as a result of informal exclusionary practices (cited in Giddens 2002, pg, 552). These practices include sexual harassment, sexual discrimination and pregnancy discrimination. Explanations for the ‘glass ceiling’ phenomena derive from the stereotype of women into traditional roles. Many men still carry the attitude despite living in this modern day and age that women are not capable of higher managerial roles and that their place rightfully belongs at home along with the house-hold chores. There is also the point that many corporate firms think twice before employing women for the top position, in terms of their level of commitment, for it is inevitable that every woman will want to have a child at some point in their life. However maternity leave is viewed upon as an expense in terms of money and the valuable time that is wasted in order to fill the vacant position. The organisational structure is another barrier that women have to contend with for it is evident that most firms are male dominated and huddle together when it comes to after work social activities, thus leaving the woman to feel as an out cast. An article published in The Guardian 25/09/2002 backs ‘The Glass Ceiling’ phenomena as it shows that women are still not making it to the top of their professions, despite thirty years of equal opportunities policies in the public and voluntary sectors. While there may be some women higher up in management it can be argued that these are just ‘token’ positions so that the corporate management cannot be accused of discrimination. Those few who are successful in making it are then dealt the blow of being paid substantially less

Wednesday, January 15, 2020

Effectiveness: Communication and Team Members Essay

Aims / details: The primary purpose of the report is for you to work with three other people and undertake a study of an organization – the steps for establishing team performance plans, the development and facilitation of team cohesion, the facilitation of teamwork and, liaising with stakeholders. Reviewing the effectiveness of teams within an organization is imperative so that opportunities for improvements may be identified and investigated. The study necessitates an evaluation of an organization’s policies, procedures, processes and resources – whether they are sufficient, or whether additional arrangements need to be looked into. The study may reveal a need for: more documentation, infrastructural changes and/or employee requirements. During your study of the organisation you must consider the following: how are team members consulted about their roles, responsibilities and accountabilities; how do team members develop performance plans; how are team members supported in achieving performance outcomes; what are the strategies, policies and procedures to ensure team member participation; how is feedback about team member efforts provided; what are the processes for raising and addressing concerns; how are team members encouraged to take responsibility for team activities; how does the contributions of team members serve as a role model; how are communication processes established and maintained; what are the arrangements for communicating information; what are the arrangements for communicating issues and problems; how is corrective action evaluated and taken to resolve those issues and problems. From the information that is gathered, you will also be required to make recommendations for improving the problem areas that you may have identified. It will be crucial for you to liaise and interview the appropriate key personnel for this report. These may be: employees, the chief executive officer, direct superiors, other management representatives, board members,  business or government contacts, funding bodies, union/employee groups and representatives and work teams. Elements / performance criteria: This workplace related report would assess all the topics of the module Ensure Team Effectiveness. The assessment is done holistically. Remarks: This assignment must be presented in a report form and Presented professionally – bound or presented in a file. Include an assignment cover sheet, table of contents, introduction, body, recommendation/conclusion, and in the bibliography use the Chicago style referencing (refer to Summers, J and Smith, B 2004, Communication Skills Handbook. How to succeed in written and oral communication, Wiley, Queensland, Australia, Chapter 2). As a guide, the report should be approximately 10 to 12 pages-this excludes the bibliography / any other attachments. Typed/font size 12 (Times New Roman) or 10 (Arial) Margins to be 2.5 cm all round. Line Spacing – 1  ½ BRIEF REASONS must be given to support the points raised in your report. The project (report) will be marked according to the headings / guidelines as provided in the DAS – the outline of what are to be included. Note that each report may contain different details –as each organization may have different systems, procedures, processes and programs etc. You are expected to be able to aptly apply the concepts to a real life situation. Granted that there will always be a degree of difficulty in assessing all the details of any company, a fair amount of secondary data and ‘common sense’ will be needed in working through this project. The company that you are choosing to ‘study’ must be willing to be interviewed / provide information where necessary. Actual information on the organisation and relevant information of organizations in a similar industry must also be available / able to be obtained. The following headings could be used in your report. You could also choose to have your own ‘headings’ and /or add additional headings / sub- headings as you deem appropriate. The notes following the headings provide some guidance of the kinds of information and analysis that would need to be considered. Group Report Provide an appropriate title (as it relates to the organisation under study) Suggested headings For report – EnSURE TEAM EFFECTIVENESS (name of organisation) 1. Introduction Provide an overview of what this report entails – include aspects of the purpose of your report and what the report entails. You should also briefly include a brief overview of the organisation (for example, its name, type of business etc) 2. Sources of information Outline the various sources of information that you used to gather your information. Such sources could include gathering information from primary sources (e.g. the relevant personnel in the company- personally and via questionnaires) and secondary sources (e.g. company reports, documents). Include copies of your interviews as an appendix in the report. 3. Develop Headings and Sub-headings Clearly describe what is included/considered (keeping in mind the Module Topics, required knowledge and required skills). a) Establish Team Performance Plan Explain the mechanisms that the organization has in place for consulting with team members to establish a common understanding of team purpose, roles, responsibilities and accountabilities in accordance with organizational goals, plans and objectives Briefly outline the steps and procedures that the organization has to develop performance plans to establish expected outcomes, outputs, key performance indicators and goals for work team Describe the steps/procedures that the organization has to support team members in meeting expected performance outcomes b) Develop and Facilitate Team Cohesion Briefly outline / summarize the strategies the organisation has in place to ensure team members have input into planning, decision making and operational aspects of work team Explain the steps that the organisation has in place to develop policies and procedures to ensure team members take responsibility for own work and assist others to undertake required roles and responsibilities Describe the arrangements that the organization has to provide feedback to team members to encourage, value and reward individual and team efforts and contributions Summarize the steps/procedures that the organization has to develop processes to ensure that issues, concerns and problems identified by team members are recognized and addressed Include copies of the organization’s policies, procedures and codes of practice in the appendix of the report. If these are not available, you should note these and make suitable recommendations on how these deficiencies should be addressed. c) Facilitate Teamwork Explain the steps that the organisation has in place to encourage team members and individuals to participate in and to take responsibility for team activities, including communication processes Describe the procedures  that the organization has to support the team in identifying and resolving work performance problems Briefly describe the arrangements that the organisation has to ensure own contribution to work team serves as a role model for others and enhances the organization’s image for all stakeholders d) Liaise with Stakeholders Explain the processes that the organisation has in place to establish and maintain open communication with all stakeholders Describe the steps that the organization has in place to communicate information from line manager/management to the team Outline/summarize the arrangements that the organization has in place to communicate unresolved issues, concerns and problems raised by team members and follow-up with line manager/management and other relevant stakeholders Briefly explain the provisions of the organisation to evaluate and take necessary corrective action regarding unresolved issues, concerns and problems raised by internal or external stakeholders 4. Recommendations & Conclusion Briefly summarize your findings Outline the problem areas that have been identified.  Explain whether the current procedures, processes, activities and resources in the organization are sufficient, or whether additional arrangements might need to be looked into. Indicate what those arrangements are (i.e. more documentation, infrastructural changes and/or employee requirements)

Monday, January 6, 2020

William Herschel the Man Who Discovered Uranus

Sir William Herschel was an accomplished astronomer who not only contributed volumes of work that astronomers use today, but also composed some pretty hip music for his time! He was a true do-it-yourselfer, building more than one telescope during his career. Herschel was fascinated with  double stars. These are stars in close orbits with each other, or that appear close to one another. Along the way, he also observed nebulae and star clusters. He eventually began publishing listings of all the objects he observed. One of Herschels most famous discoveries was the planet Uranus. He was so familiar with the sky that he could easily notice when something seemed out of place. He noticed that there was a dim something that seemed to move slowly across the sky. Many observations later, he determined it ws a planet.  His discovery was the first one of a planet that had been noted since ancient times.   For his work, Herschel was elected to the Royal Society and made Court Astronomer by King George III. That appointment brought him income he could use to continue his work and build new and better telescopes. It was a good gig for a skygazer of any age!   Early Life William Herschel was born on November 15, 1738 in  Germany and brought up as a musician. He began composing symphonies and other works as a student. As a young man, he worked as a church organist in England. Eventually his sister Caroline Herschel joined him. For a time, they lived in a house in Bath, England, which still stands today as a museum of astronomy.   Herschel met up with another musician who was also a math professor in Cambridge and astronomer. That sparked his curiosity about astronomy, which led to his first telescope. His observations of double stars led to studies of multiple star systems, including the motions and separations of the stars in such groupings. He catalogued his discoveries and continued to search the skies from his home in Bath. Ultimately he ended up re-observing many of his discoveries again to check their relative positions. In Over time, he managed to find more than 800 new objects in addition to observing already-known objects, all using a telescope he built. Ultimately, he published three major listings of astronomy objects:  Catalogue of One Thousand New Nebulae and Clusters of Stars  in 1786,  Catalogue of a Second Thousand New Nebulae and Clusters of Stars in 1789, and  Catalogue of 500 new Nebulae, Nebulous Stars, and Clusters of Stars  in 1802. His listings, which his sister also worked on with him, eventually became the basis for the New General Catalog (NGC) that astronomers still use today. Finding Uranus Herschels discovery of  the planet Uranus  was almost entirely a matter of luck. In 1781, as he was continuing his search for double stars, he noticed that one tiny point of light had moved. He also noticed that it wasnt quite star-like, but more disk-shaped. Today, we know that a disk-shaped point of light in the sky is almost certainly a planet. Herschel observed it a number of times to make sure of his finding. Orbital calculations pointed to the existence of an eighth planet, which Herschel named after King George the III (his patron).   It became known as the Georgian Star for a time. In France, it was called Herschel. Eventually the name Uranus was proposed, and thats what we have today.   Caroline Herschel: Williams Observing Partner Williams sister Caroline came to live with him after the death of their father in 1772, and he immediately had her join him in his astronomy pursuits. She worked with him to build telescopes, and eventually began doing her own observing. She discovered eight comets, as well as the galaxy M110, which is a smaller companion to the Andromeda Galaxy, and a number of nebulae. Eventually, her work caught the attention of the Royal Astronomical Society and she was honored by that group in 1828. After Herschels death in 1822, she continued to do her astronomical observations and expand his catalogues. In 1828, she was also given an award by the Royal Astronomical Society. Their  legacy of astronomy was carried on by Williams son, John Herschel.   Herschels Museum Legacy Herschel Museum of Astronomy in Bath, England, where he  lived part of his life, remains dedicated to preserving the memory of the work done by William and Caroline Herschel. It features his discoveries, including Mimas and Enceladus (circling Saturn), and two moons of Uranus: Titania and Oberon. The museum is open to visitors and tours.   There is a renaissance of interest in William Herschels music, and a recording of his most popular works is available. His astronomy legacy lives on in the catalogs that record his years of observations.