Employee referral campaigns Essay Example | Topics and Well Written Essays - 500 words

Employee referral campaigns - Essay Example Another advantage of employee referral campaigns is that they help promote the brand value of a company through word-of-mouth publicity. In order for an existing employee to bring his contacts into the company, he/she must first have a positive perception about the status and worthiness of the company. On the flip side, a poor response to an employee referral campaign can usually indicate an unmotivated workforce perceiving no incentive either for themselves or for their contacts in availing job opportunities with the company. One other obvious advantage of an ERC is that it cuts down recruitment related expenditure by eliminating the need for advertising, job fairs, hiring agencies, etc. In certain domains, highly specialized positions are best filled through personal channels and not through traditional recuitment processes, making a case for ERCs. On the negative side, employee referral campaigns can also create conflict-of-interest scenarios for the management, when they make an assessment that is inconsistent with that of the referring employee's. For example, a candidate being recommended by an employee could be estimated to be either unsuitable or unqualified for the vacant position. In such a case, the management usually ends up causing disappointment for both parties by declining to hire.

Legal Framework in Employment Case Study Example | Topics and Well Written Essays - 2250 words

Legal Framework in Employment - Case Study Example The duration of effect is equally valid, considering that in Romero Insurance Brokers Ltd v Templeton [2013] EWHC 1198 (QB), the High Court validated a 12-month duration for enforcing a restrictive terms in the employment agreement (Meiners, Ringleb, & Edwards, 2011). However, unlike in Monster Vision UK Ltd v McKie [2011] EWHC 3772 (QB) where restrictive clauses seeking to disbar Mr McKie from virtually any business transaction were disallowed by court, restricting Angela’s use of the unique recipe is reasonably essential in the circumstances to safeguard the Stella Diamond’s single product (Helewitz, 2010). Stella Diamond has expressed reasonable concern that the use of her traditional recipe within the neighbourhood can have damaging impacts on her business. Angela as a senior pastry chef holds a senior position in the business and as such she is very aware of the material business secrets, which can have a detrimental impact on Stella Diamond if the restrictive clause was, disallowed (Meermann, 2014). In Faccenda Chicken Ltd. v. Fowler [1987] IRLR 69 the defendant was an employee of the claimant, serving as the sales manager of the firm selling chickens. His contract of employment was terminated and he then established his own firm selling similar products from refrigerated trucks. He took half of the ten van salesmen of his former employer, their controller, two other office staff and majority of his former employer’s customers. As such, his actions seemed legal because none of the employer’s staffs had restrictive terms in their employment contracts (Kessler, Bass, & Yeargain, 2007). However, in its decision, the court said the respondent owed the appellant an implied duty to act in good faith, specifying that the duty will be breached if an employee uses, in any way, the same list of clients of the former employer upon termination of the employment. General restrictions on ex-employees were however held as unenforceable (Meiners,

Self Introduction Personal Statement Example | Topics and Well Written Essays - 750 words

Self Introduction - Personal Statement Example I strongly understand that every human being deserves a right to be happy and I consider it my personal initiative to guarantee this to every person. I am a strong believer of social justice and I know for certain that every human being should be considered equal. I do not hesitate to do all that I can to ensure that justice prevails in the society particularly for the weak. The desperate and the destitute members of the society are held close to my heart of hearts and I believe they also have reasons to live. Since I was a child, I have always felt pain when I see others suffer. I have realized that I cannot be happy when others are sad and I have believed that the only way to be happy is making other happy. Humility is the driving force towards my good relationship with people, my teachers, friends and family members. However, I am also very assertive especially when my conscience propels me to doing what I fundamentally believe is right. I have no reservation for the course of jus tice and truth. And am always willing to go an extra mile in ensuring that what my conscience considers right is done. I have no apologies at all for doing the right thing. This has sometimes seen a few friends break up with me. However, I lack ability to hold grudges; there is no hate in my heart. Even as they run away from me, I continue treating them with humility and love. With time, they come to realize that after all, I meant no harm. This has made many close friends cling to me amid many challenges. In the field of business, I am very entrepreneurial, inventive and innovative. I have contributed significantly to the growth of my mother’s small shop in town. With the ideas that I constantly give her, she has been able to expand the shop and today it is her main source of livelihood. I particularly imparted into her the idea of taking risks, however I warned her not to take very huge risks are the consequences might sometimes be too great to contemplate. Modesty and humi lity are some of the key attributes that mother has learnt from me. She uses these virtues to relate well to her customers who are mostly low and medium income earners. She constantly tells me that she did not believe she could learn from her son. After all she was supposed to be my role model and I was to learn from her. I have a wide experience in writing. I write articles and poems. Sometimes when I have nothing else to do, I find myself with a pen and a piece of paper. At one point I wrote what went down as a masterpiece article on justice and truth. Then, I was still very young and everybody wondered where I got the ability and the knowledge to write such an impeccable piece. It also goes without saying that I love reading a lot. I read biographies, novels, articles on the social world, psychology, philosophy, religion – comparative religion, Hindu, Islam, Christianity. I have an insatiable thirst for knowledge. I always want to know more. My contributions to the social well being of the society are very immense. Through the articles I have been able to write, people have been enlightened on the importance of justice and truth. I have particularly played a very fundamental role in ensuring that I inform my readers on the value of truth and justice. I have had reservations for dirty, racial and ethnic politics. I believe the most fundamental thing in politics is to judge individuals not on the basis of the depth of their

An evaluation of the planning and delivering of nursing care Essay

An evaluation of the planning and delivering of nursing care - Essay Example Considering the case of the patient, this study will discuss the importance of health promotion / health prevention, the acute management of ischemic stroke, and other nursing consideration whilst living with or managing the long-term health condition of the patient. Health Promotion / Health Prevention Aspect Health promotion aims to educate the patients not only on how they can effectively prevent the onset of a disease but also ways on how they can improve their overall well-being (Leddy, 2006, p. 24). Considering the case of the 52-year old patient, this study will focus on discussing the health promotion or health prevention related to ischaemic stroke. Primary Prevention Ischaemic stroke happens in case the brain artery is blocked (Stroke Association, 2012). This causes the blood supply unable to circulate in the brain. According to Wills (2007, p. 16), the three levels of health prevention includes: the primary prevention, secondary prevention, and tertiary prevention. In line with this, primary prevention is all about implementing some strategies that could effectively reduce the risk of a disease. The risk factors of ischaemic stroke can be used to determine what specific health promotion should be advise to the patient. Ischaemic stroke can be triggered by several monogenic disorder (i.e. mutation in Notch 3 gene, etc.) (Hassan and Markus, 2000). Although genetic disorders that can lead to stroke can be hereditary by nature, most of the risk factors of stroke are highly modifiable. Since the modifiable risk factors associated with ischaemic stroke include: smoking, hypertension, diabetes, poor diet, atrial fibrillation, lack of exercise, and obesity among others (Ahmad and Lip, 2012; NHS, 2008; Sudlow, 2008; Goldstein et al., 2006), the nurses can provide a primary prevention by teaching the patient the importance of healthy eating (i.e. eat more fish, fruits and vegetables, leanmeat, whole grain, restriction on fat, sugar, and salt intake), include a 30-minutes of regular exercise each day or at least five (5) times each week, refrain from binge drinking and limit the intake of alcohol, and avoid or stop the use of tobacco (WHO, 2012; NHS, 2008). Through health teachings, the nurses can empower the patient through self-actualisation. After conducting a health teaching, the nurse can refer to patient to stop smoking clinics in case the patient is a smoker. In case the patient is at risk of stroke due to poor eating habits, the nurse can refer the patient to a professional nutritionist. Secondary Prevention The secondary prevention is all about shortening the incidence of stroke through early diagnosis and treatment (Wills, 2007, p. 16). Assuming that the patient has suffered from a mild stroke, the secondary prevention should include encouraging the patient to modify their lifestyle and receive early treatment. If the patient has a history of smoking, the nurse should educate and encourage the patient to stop smoking. Likewise, it is equally important for the nurse to encourage the patient to avoid alcohol consumption, watch his diet, and maintain his accepted body weight through regular exercise (Sudlow, 2008; Goldstein et al., 2006). On top of modifying the patient’s lifestyle, the nurse should encourage the patient to receive annual check-up and treatment for signs of risk factors related to the development of a vascular disease. Hyptertention is one of the common risk factors of ischemic

Discuss the similarities between Louis Wirth's Urbanism As A Way of Assignment

Discuss the similarities between Louis Wirth's Urbanism As A Way of Life and Cara Buckley's article in The New York Times - Assignment Example Thus it is expected that there will not be occurrences of abrupt and discontinuous variations in personality between people living in the city and those on the countryside. However, recent studies have revealed that the experience of country folks moving to the city has been characterized by hardship where many feel left out while others just fail to adapt to the busy city life. This paper seeks to research and discuss the similarities between Louis Wirths "Urbanism as a Way of Life" and Cara Buckleys article in The New York Times. According to both authors, the rapidity and recentness of urbanization in the United States is a major course of the problems faced in urban centers and the lack of awareness towards them. The urban centers are populated densely by individuals from diverse cultures and religions which leads to very different modes of life among the city inhabitants. There is a wide variability and segmentation of individuals and a significant absence of intimacy in the relation between fellow city inhabitants which are generally superficial and short lived. According to Wirth (2), the heterogeneity of the urban population results in disintegrated social structures which promote mobility, instability and insecurity. Buckley’s article also reflects Wirth’s ideology that the social life in urban centers is superficial and there are distant social relations. Buckley writes about the experiences of newcomers in the New York City and how it changes the personality and social behavior pattern s of the people who move to the city. This is depicted in Lisa Phin’s case who is 25 and moved to the city from Dallas (Buckley 2008). She had a hard time making friends and out of the loneliness she faced she resorted to building friendships through online websites. The tight schedules, routines and the usual bustle of the city life quickly take the

Personal Skills and Professional Development Assignment - 1

Personal Skills and Professional Development - Assignment Example 255). In the process, clientele and users use the professionalism of construction engineers to make sure the construction plans are efficient, safe, and within budget. Construction engineers normally see a task from the beginning through to the end. During this period, the construction engineer collaborates with several other professionals like inspectors and engineers. These collaborations involve the production of designs and details that the building team requires. The roles of construction engineers differ extremely from self-employed and minor buildings tasks to working with international construction firms (Institute for Career, 2010). Projects handled by such firms usually wind up being construction engineering milestones because of their immense budgets and meaning. The professional effort of construction engineers is essential from the earliest phases of a construction task. This effort can begin with coming up with concepts of the building or structure’s appearance, determining costs, evaluating the requirements of the building’s users, and figuring out its effect on natural surroundings. Construction engineers also aid in selecting a site for a project and collaborating with servicers at the construction site. Here, construction engineers make sure services carry out their work accordingly to meet set standards and come up with a sustainable, well-designed, and artistically pleasant structure or building. Construction eng ineers are also required to have knowledge of moneymaking and financial aspects of construction. I chose construction engineering under construction due to three key reasons. First, construction engineering involves invention. The way an inventor creates a new device or concept is similar to the way a construction engineer designs structures and properties (Careers in Construction,

Take Home Exam Essay Example for Free

Take Home Exam Essay 2. The decision in IATA v Ansett Australia Holdings (2008) 82 ALJR 419; [2008] HCA 3 allows contracting parties to ignore the effect of the pari passu rule to the detriment of general creditors. Discuss and examine the reasoning in the case. One of the principle aims of insolvency law is to provide an equal, fair and orderly procedure in handling the affairs of insolvents ensuring that creditors receive an equal and equitable distribution of the assets of the debtor. This is the pari passu (equal sharing) principle, which is generally regarded as being the foremost principle of insolvency law. The rule operates to ensure that creditors of the same priority receive an equal percentage return from the insolvents company’s assets. However, there are often many exceptions to the principle that overcome it such that there are often few assets to be shared, equally or not. Although not in the nature of a secured creditor, a creditor may enter into an arrangement with a debtor company that subsequently goes into liquidation that serves to give that creditor priority rights outside the liquidation. This can apply in clearing house arrangements in certain industries where payments between members of the clearing house are dealt with by mutual set off; in insolvency terms such an arrangement serves to negative the debtor/creditor relationship in respect of the obligations to which the arrangements apply. ‘Ansett collapsed on 12 September 2001 and administrators were appointed. It was then a member of the IATA Clearing House, which pays out airlines for services provided to other airlines in accordance with agreements between IATA and the airlines, including Ansett. International airlines regularly carry passengers and goods on behalf of other airlines. The Clearing House avoids the necessity for the airlines to make and receive numerous payments for such operations. Each month, airlines with a net credit balance receive a payment from the Clearing House while those with a net debit balance are obliged to pay funds into the Clearing House. The agreements between IATA and the airlines provided that settlement of amounts payable would be in accordance with IATA’s Regulations. IATA claimed to be a creditor of Ansett and alleged that Ansett had a net debit balance of $US4,370,989 outstanding as at December 2001.’ The high court in International Air Transport Association v Ansett Australia Holdings Ltd (2008) 82 ALJR 419 rejected an argument that this was contrary to public policy as being against the pari passu principle, as found by the House of Lords in British Eagle International Airlines v Compagnie Nationale Air France [1975] 2 All ER 390; [1975] 1 WLR 758. The house of Lords had decided that the IATA clearing house arrangements were against public policy because they sought to exclude certain property of the insolvent company from the pool available for the distribution to creditors and thereby infringed the pari passu rule. In the particular circumstances in Ansett, which was under a Deed of Company Arrangement, the administrators unsuccessfully claimed credits due to Ansett (but not processed through the clearing house) as at the commencement of the administration, contending hat the deed prevailed over the clearing house agreement. The High Court found that the IATA agreement and regulations applied and Ansett’s rights were not to debts owed to it by other members of the clearing house scheme, but rather the contractual right to receive payment from the IATA if, on clearance, a credit was due to it. Overall, the pari passu principle operates strictly, but it also operates within very confined limits. Apart from the explicit statutory exceptions that have been made, equal treatment of claims applies only among the general body of unsecured creditors. Secured creditors, and others such as those who have retained title to goods supplied to the debtor, are a separate group and are generally entitled to withdraw ‘their’ property that is left, that is, the unsecured property. 3. The automatic discharge available to most bankrupts under the current legislation is too lenient and encourages reckless business behaviour. Discuss. A person is automatically discharged from bankruptcy three years after filing their statement of affairs, unless there is an objection by the trustee. Also, a bankruptcy person can continue or start proceedings concerning their employment, such as unfair dismissal or harassment in the workplace. Any other legal proceeding commenced before bankruptcy are automatically stopped, but if the trustee believes that the proceedings have merit, and creditors are willing to fund the action and indemnify the trustee for costs then the trustee can continue them. Trustees must act reasonably, and they have a duty to consider whether the proceedings have merit and should be continued. After discharge from bankruptcy, the bankrupt is released form most of their outstanding debts, called provisional debts. On discharge, the bankrupt is relieved of any debt created by a provisional order and/or a final determination by the Victims Compensation Tribunal made before the date of bankruptcy. Many amendments have been made to the Bankruptcy Act 1966 in recent years to better balance the interests of debtor and creditor, to overcome the view that bankruptcy is â€Å"too easy† and to prevent debtors form using bankruptcy to evade their responsibilities. Although the current legislation is thus quite lenient towards bankrupts, the consequent disadvantages of bankruptcy for the debtor suggest the current legislation is not an encouragement for reckless business behaviour. These consequences include; losing virtually all property (car and household property is protected), losing the ability to obtain credit or enter other commercial transactions without disclosing that they are bankrupt, carry on a business under an assumed name or firm name without disclosing their true name and that they are bankrupt, and any partnership of which the bankrupt is a member of is automatically dissolved by the bankruptcy, unless otherwise provided by the partnership agreement. Not only that but the bankrupt also cannot be a director of a company or a member of a local authority, a member of the House of Representatives or of the Senate . Overall, being bankrupt is public; a record of the bankruptcy goes on the National Personal Insolvency Index (an electronic public register), so bankruptcy can be searched by the public and may be advertised by the trustee, thus certainly affecting the bankrupt’s credit rating. Bankruptcy is normally a last resort. It had both advantages and quite serious disadvantages. There are also some debts from which the bankrupt person is not released from including: †¢Child support debts: The creditor can continue recovery action for child maintenance debts incurred before and during bankruptcy. The bankrupt is only released form liability for interest owing on such debts at the date of bankruptcy. †¢Bail bonds and court fines: The person is not released form debts arising form bail bonds and court fines. †¢Proceeds of crime: The person remains liable for pecuniary penalty orders under the federal Proceeds of Crime Act 1987. †¢Debts incurred through fraud: The person is not released from debts incurred through fraud or a breach of trust, including money owed to Centrelink or the ATO obtained through fraud or misrepresentation. †¢Unliquidated claims: The person is not released from debts arising from unliquidated claims which, although arising from something that happened before the bankruptcy, are not resolved at the date of bankruptcy. †¢Debts incurred since entering bankruptcy: The person is liable for any debts incurred since the date of bankruptcy. It is thus evident that whilst the automatic discharge after three years is quite lenient, it does not encourage reckless business behaviour as the consequences and disadvantages of entering bankruptcy often do not outweigh the advantages. 5. The question of what constitutes an uncommercial transaction is, in the light of authority, difficult to state precisely. Discuss the recent authority and the concept of uncommercial transaction. An ‘uncommercial transaction’ is defined broadly as a transaction that a reasonable person in the company’s circumstances would not have entered into in regard to: a)The benefits to the company of entering into the transaction b)The detriment to the company of entering into the transaction c)The respective benefits to other parties to the transaction of entering into it d)Any other relevant matter ‘Transaction’ is not defined but examples include a transfer, charge, guarantee, payment, obligation incurred, a release or waiver and a loan. Section 9 also provides that a transaction must be one ‘of the company’. That is, one to which the company is a party. This requirement has given rise to some difficulties in the context of unfair preferences. An uncommercial transaction is ‘a bargain of such magnitude that is could not be explained by normal commercial practice’. Section 588FB (2) makes it clear that the transaction does not need to involve a creditor of the company as a party nor does it prevent the transaction being uncommercial if it is a transaction that is given effect to, or is required to be given effect to, because of an order of Australian court or a direction by an agency. Section 588FB needs s 588FC, that is, an uncommercial transaction will not be voidable unless it is an insolvent transaction. Section 588FC provides: ‘A transaction of a company is an insolvent transaction of the company if, and only if, it is†¦ an uncommercial transaction of the company’ and: a)Any of the following happens at a time when the company is insolvent: (i)The transaction is entered into; or (ii)An act is done or an omission is made, for the purpose of giving effect to the transaction b)The company becomes insolvent because of, or because of matters including: (i)Entering into the transaction; or (ii)A person doing an act, or making an omission, for the purpose of giving effect to the transaction During the case of Ziade Investments Pty Ltd v Welcome Homes Real Estate Pty Ltd [2006] NSWSC 457 the question ask to the court was whether certain transactions involving grants of mortgages over the company benefited person due to their ‘uncommercial’ nature while the company was insolvent. The court help that the mortgages were uncommercial transactions under s 588FB(1) and that they were also insolvent transactions under s 588FC. In the case there was no evidence that the mortgages secured future advances; only previously unsecured debt. They were not granted in consideration of forbearance to sue by the creditors. The mortgages did attempt to grant security for partially statute-barred debts and this helped to show that the transactions were uncommercial. Under s 588FE(3), a liquidator will expect to have disgorged any uncommercial transaction, which qualifies as an insolvent transaction, if it was entered into, or an act was done for the purpose of giving effect to it, during the two years ending on the relation-back day. A time period of four years ending on the relation-back day applies to uncommercial transactions, which qualify as insolvent transactions involving related entities of the company. The time is even greater where the uncommercial transaction as an insolvent transaction was entered into for the purpose of defeating, delaying, or interfering with, the rights of any or all of its creditors in a winding up. In such circumstances the transaction is voidable under s 588FE(5) if it was entered into, or an act was done for the purpose of giving effect to the transaction during the 10-year ending on the relation-back day. 8. Discuss in 750 words any particular aspect of insolvency, which has interested you and say why it is of practical importance. – Effects of bankruptcy on property. The effects of bankruptcy on property is particularly of practical importance as it is a substantially key concept in the area if insolvency. It covers essential aspects including divisible property, property a bankrupt can keep, the bankrupt’s home, money and goods received and property previously disposed of. Beginning with divisible property, a trustee can take certain of a bankrupt’s property, in Australia or elsewhere (subject to the law of the country where the property is). Property the trustee can take to pay creditors include: †¢The bankrupt’s interest in a house †¢Cash in the bank †¢Jewellry †¢Stocks, shares and debentures †¢Fixtures and fittings †¢Gifts and legacies under a will †¢Crops The trustee’s decision about what to do with the assets available for sale and distribution among creditors will depend on what they are. If the assets have little value, the trustee may ask the bankrupt to find a buyer rather than incur the expense that might be involved if the trustee had to find one. The trustee may even be prepared to accept less than market value where costs will be saved by not seizing and selling the goods. Secondly, the property a bankrupt can keep is listed in the Bankruptcy Act . These include: †¢Ordinary clothing †¢Necessary household goods †¢Tools or trade if they are to be used to earn income, up to the value of $3500 †¢Most policies of life insurance, endowment assurance, endowment or annuities †¢Amounts paid to the bankrupt under certain rural assistance agreements between the Commonwealth and the states. A bankrupt can keep a vehicle used for personal transport in which they have a net equity or up to $7050 to the bankrupt form the proceeds so they can buy another. The trustee may not take money received as damages or compensation for personal injury or death to the bankrupt of their family, defamation payments, or any property bought with or mostly with, that money. Thirdly, if a bankrupt owns, or is purchasing a home, the trustee normally sells the home if there will be a surplus after paying the mortgage and sale costs. If the home is owned jointly by the bankrupt and someone who is not bankrupt, the trustee either: †¢Becomes registered as a tenant-in-common of the home with the non-bankrupt person or, †¢Lodges a caveat on the title to protect the bankrupt’s interest. Non-bankrupt joint owners have first option to buy the bankrupt’s interest in the home form the trustee. If they cannot afford to do so they may agree with the trustee to sell the home, and receive an equal share of any money left over after the mortgage and costs are paid. Fourthly, at any time during the bankruptcy the trustee may take any money (excluding accumulated income) or other items the bankrupt receives, such as gifts, lottery winnings or money received under a will. If the bankrupt does save up and buys items that are nit protected during bankruptcy, these may also be taken by the trustee in certain circumstances. However a bankrupt’s accumulated income held in a bank account is protected. Finally, some debtors, seeing the threat of bankruptcy, try to put their property beyond the reach of creditors by transferring it to others, often family members. Property can be reclaimed by the trustee if it was: †¢Given away or sold in the five years before bankruptcy for less than its full value, or †¢Given away or sold at any previous time with the intention of defeating creditors. Transfers or property under a maintenance agreement before the bankruptcy are not affected unless fraud can be established. This it is evident that the effects of bankruptcy on property are a vital area of insolvency and one of practical importance. Bibliography Australian Bankruptcy Act 1966: with Regulations and Rules. Also includes Forms, Charges Acts, Index. Consolidated to 1 October 2008.. 9th ed. North Ryde, N.S.W.: CCH Australia, 2008. Print. Duns, John. Insolvency: law and policy. Oxford: Oxford University Press, 2002. Print. Goldie, Cassandra. Community legal education handbook. 2nd ed. Redfern, NSW: Redfern Legal Centre Pub., 1997. Print. Lewis, A. N., and Dennis J. Rose. Australian bankruptcy law. 10th ed. Sydney: Law Book Co. ;, 1994. Print. Nichols, P. W.. Bankruptcy Act 1966. 2009 ed. Sydney: LexisNexis Butterworths,, 2009. Print. Symes, Christopher F., and John Duns. Australian insolvency law. Chatswood, N.S.W.: LexisNexis Butterworths, 2009. Print. http://www.hcourt.gov.au/assets/publications/judgment-summaries/2008/hca3-2008-02-6.pdf