Wednesday, November 27, 2019

Functional Areas within Asda Essays

Functional Areas within Asda Essays Functional Areas within Asda Essay Functional Areas within Asda Essay If Asda dont change their objectives then they will start to lose capital, customers and market share.  Aims may need to change in order to satisfy the changing needs of the customers e.g. reduction in cost.  Asdas main aim is very unlikely to transform unless the vision and the focus of the whole business changes. This could happen if the owner is changed or the company is struggling in the market. How Swift Supplies ownership could change  Swift Supplies has been a sole trader since it started off in the year 2000 and it has been expanding since so the chance of it changing into another ownership is very likely.  There are a lot of factors that may affect Swift Supplies status of ownership.  If Swift Supplies do decide to change they may change into a LTD to get limited liability and get a basic idea of shares being sold and bought privately so that they have the experience if they want to change into a PLC. They may change into a partnership if the competition is too strong or its too hard to manage a business on by one person.  Swift Supplies is run by one person but he has four staff under his employment, three of them are his relatives and if Swift Supplies do form a partnership they might be a partnership of four. This is positive in a lot of ways because they might agree on most things and if they are struggling in money problems they may share money together to save money and survive. : They could also form a partnership with their competitors to increase market share and earn and share large amounts of profit.  Why Swift Supplies may change their aims and objectives  As Swift Supplies is a small business its aims and objectives dont change a lot because as it doesnt have different departments like Asda but they need to be changed if they are not met properly.  If theyre competitors are earning more then the objectives should be changed or if they have more customers than Swift Supplies.  If Swift Supplies are not meeting customer demand then their objectives may change or if their service towards their customers is not excellent. If theyre product quality falls below standard or if the products are not demanding than the aims and objectives need to be changed.  If theyre staff are using dishonest methods and are stealing from the company then not only the aims and objectives have to be changed but also the staff.  The most important of all is if their profits are decreasing and they are in financial distress than the company has to review all its objectives and win back customer loyalty and trust to earn them profit so they can survive and if they want to carry on running the business. Functional Areas within Asda  Asda is a vast organisation that has functional areas that execute certain functions frequently in relation to their specific purpose.  These functional departments are essential to the business as they set out to complete specific day to day tasks with ease.  A group of employees are stationed in the various different functional departments in relation to their roles and expertise that are applied in each department.  These functional areas are the backbone of large companies as they set out to operate different functions in order to maintain the business operating more efficiently. Asda is architected by a structure of functional areas as they combine together to produce a successful company.  Human Resources  All businesses whether large or small employ people to carry out essential work assigned to them by their superiors or the company owners.  So the Human Resources departments lone function is to employ staff and then look after their needs once they are in the company employment.  Recruitment  Asda like many other successful companies like to employ the most proficient employees in order to benefit from their abilities. Asdas recruiting employees locate a vacancy that needs to be occupied and than they identify the vacancy and decide to put up job descriptions that species which person is required, what skills they need to have and what responsibility they will be taking on.  When this is decided they progress on to advertise that vacancy at an appropriate location, where they predict skilled candidates may discover these vacancies.  When people respond to these job descriptions their CVs are examined by the human resources department and than human resources progresses on to call the selected candidates for interviews. They than select their chosen candidate and than in an appropriate manner notify the unsuccessful candidates.  Retention  When Asda has excellent employees they prefer them at their service for as long as possible or they would have to employ and retrain new staff which would be costly.  Human resources are responsible for analysing staff turnover-this is the rate at which staff departs the organisation. There might be a lot of factors that affect staff leaving Asda; human resources have to investigate their reasons for leaving.  Asda attempts to have fair and competitive terms and conditions of employment which not only suit the employee but also Asda. These conditions ensure that employees are paid at a reasonable rate in relation to their job, given holiday privileges and sick pay.  Asda ensures that these conditions are fair on employees and are similar to Asdas competitors to avoid conflict. Disciplinary Action  When employees start becoming a liability at the workplace, human resources try to take immediate disciplinary action to stop and prevent it from happening again.  The first action is to give a verbal warning to the employee but if the problem persists a written warning is also given which shows written proof that states if he/she continues their actions than it will lead them to their own dismissal.  If this warning is ignored than the employee is given a straightforward dismissal by human resources.

Saturday, November 23, 2019

Assignment Cover Sheet Essays - Information Technology Management

Assignment Cover Sheet Essays - Information Technology Management Assignment Cover Sheet Qualification Module Number and T itle HND in Business Management BHND5202: Operations Management Student N ame No. Assessor Mr. Janaka Upendra Hand out date Submission Date 03rd March 2017 Assessment type Coursework Duration/Length of Assessment Type Individual 3000 words Weighting of Assessment 50% Learner declaration I, .certify that the work submitted for this assignment is my own and research sources are fully acknowledged. Marks A warded First assessor IV marks Agreed grade Signature of the assessor Date Feedback Form International College of Business Technology Module: BHND5202: Operations Management Student: Assessor: Mr. Janaka Upendra Assignment: Coursework - Individual Report Strong features of your work: Strong features of your work: Areas for improvement: Areas for improvement: Marks Awarded: Marks Awarded: Coursework - Individual Report Learning outcomes covered Understand the strategic role of operations management in sustaining firm's competitive advantages Understand the competitive priorities in product and service design Understand the interdependence of the operations function with the other key functional areas of a firm Scenario and the Task Scenario Operations management is a business function responsible for planning, coordinating and controlling the resources needed to produce a company's goods or services. Visit any service or manufacturing organization of your choice. Keenly observe the existing operations and collect data related to following learning outcomes. Identify the business, strategic framework of the business , the operations and e xplain why operations management is impor tant for the organization. (10 Marks) Study their operations strategy and d escribe the per formance objectives which they have prioritized out of cost; dependability; flexibility; quality and speed . Understand the link between operations management and strategic planning. Further discuss the internal and external benefits of excelling in these performance objectives. (3 0 Marks) E valuate the approach of the selected organization for below operation functions and derive recommendations for improvements. Select only five functions. Facility layouts P r ocess selection Linear programming Process flow charts P roject management Q uality assurance/ control (5 0 Marks) Prepare a proper report on the above mentioned tasks, not exceeding 3 000 words . (10 words) Assessment Criteria This submission will be assessed as follows Total marks Allocated Marks obtained by the student for the answer provided 1 Identify the business, strategic framework of the business, the operations and explain why operations management is important for the organization. 10-09 Has clearly identified the business, strategic framework of the business, the operations AND has clearly explained why operations management is important for the organization. AND effective judgments are evident with critical analysis 08-07 Has clearly identified the business, strategic framework of the business, the operations AND has clearly explained why operations management is important for the organization. Noted judgments BUT lack of critical analysis 06-05 Has averagely identified the business, strategic framework of the business, the operations AND has averagely explained why operations management is important for the organization. BUT lack of effective judgments. 04-03 Has averagely identified the business, strategic framework of the business, the operations BUT has weakly explained why operations management is important for the organization. AND no effective judgments. 02-00 Has weakly identified the business, strategic framework of the business, the operations AND has weakly explained why operations management is important for the organization. AND no effective judgments. 2. Study their operations strategy and describe the performance objectives which they have prioritized out of cost; dependability; flexibility; quality and speed. Understand the link between operations management and strategic planning. Further discuss the internal and external benefits of excelling in these performance objectives. 30-25 Effective judgments are evident in understanding the link between operations management and strategic planning further in identifying the performance objectives which they have prioritized. And has clearly described those performance objectives and internal and external benefits of excelling in these performance objectives. 24-19 Judgments are evident in the relevant places BUT which are not effective. AND has clearly described those performance objectives AND internal and external benefits of excelling in these performance objectives. 18-13 Lack of effective judgments is evident BUT has clearly described those performance objectives and internal and external benefits of excelling in these performance objectives. 12-07 No effective judgments are evident. BUT has averagely described those performance objectives AND internal and external benefits of excelling in these performance objectives. 06-00 No effective judgments are evident. AND has weakly described those performance objectives and internal and external benefits of excelling in these performance objectives. 3.1 Function 01 Critically evaluate the approach of the selected organization for below operation

Thursday, November 21, 2019

Community Analysis for Sedgefield Elementary School Essay

Community Analysis for Sedgefield Elementary School - Essay Example There is a public library within the vicinity but mathematically and logically speaking, most of the students could not afford to be they're considering the accessibility of the people who are within the area (The distance, the availability of time, availability of materials that are to be used). In the school's case, it has limited resources for the students to enjoy the privilege of having different study materials. It lacks resources that are essential for the need of information in their respective subjects. Therefore a need for more learning materials particularly books and library for the students to enjoy their studies. Due to limited resources, the students are deprived of having a quality education, which is needed by the students. Primarily, the need of literacy program for the students is at bay so the problem for them to read and write is a major concern in order for the students to have at least a capital for them to ascend into the next level of education. So the need for a library is evident. To analyze the library that is present in the vicinity in this small community in Charlotte particularly the Sedge field media center, it ca

Wednesday, November 20, 2019

Women and Culture in the West Research Paper Example | Topics and Well Written Essays - 1500 words

Women and Culture in the West - Research Paper Example nce, mathematics, history, philosophy, Latin, Italian, French, Greek and German unlike the majority who preferred the girl child doing worsted work and practicing quadrilles. Their education was his responsibility (Aler, 2008). All these teachings resulted to Florence being intelligent and well educated which in some way shaped her to the nurse she came to be. Since Florence came from a wealthy background she was not expected to work. Her mother most of all deemed it best if she was to get married some day because she assumed that was her destiny. It was after a long emotional battle that tutors were eventually allowed to teach Florence mathematics over home duties. She was taught a number of subjects such as algebra, geometry and arithmetic’s. During her leisure time, Florence spent it tutoring children on this particular topics thus in the process enhancing her knowledge and having a wider scope on mathematics. She enjoyed being of service to others (Aler, 2008). Unlike these present times where people are strongly campaigning for the girl child to have a decent education and a lead a decent life where they are able to fend for themselves and be independent there was once upon a time an era where the English girls had little or no education at all, this was during the nineteenth century. Boys had an advantage over girls in the sense that parents were more willing to take them to private schools and pay more since there was no system of free schools until the 1880s. Girls of all ages had a disadvantage in relation to boys of the same age and level because of the depravity of education knowledge. Governesses taught the girls of the upper –class since they did not go to school at all but the funny part is that these very governesses who are supposed to be the source of enlightenment had no formal training. The objective of this strategy of the upper-class being taught at home was to alienate them from the lower classes as well as to keep them away from the

Sunday, November 17, 2019

My watch Essay Example for Free

My watch Essay My beautiful new watch had run eighteen months without losing or gaining, and without breaking any part of its machinery or stopping. I had come to believe it infallible in its judgments about the time of day, and to consider its constitution and its anatomy imperishable. But at last, one night, I let it run down. I grieved about it as if it were a recognized messenger and forerunner of calamity. But by and by I cheered up, set the watch by guess, and commanded my bodings and superstitions to depart. Next day I stepped into the chief jewelers to set it by the exact time, and the head of the establishment took it out of my hand and proceeded to set it for me. Then he said, She is four minutes slow – regulator wants pushing up. I tried to stop him – tried to make him understand that the watch kept perfect time. But no; all this human cabbage could see was that the watch was four minutes slow, and the regulator MUST be pushed up a little; and so, while I danced around him in anguish, and implored him to let the watch alone, he calmly and cruelly did the shameful deed. My watch began to gain. It gained faster and faster day by day. Within the week it sickened to a raging fever, and its pulse went up to a hundred and fifty in the shade. At the end of two months it had left all the timepieces of the town far in the rear, and was a fraction over thirteen days ahead of the almanac. It was away into November enjoying the snow, while the October leaves were still turning. It hurried up house rent, bills payable, and such things, in such a ruinous way that I could not abide it. I took it to the watchmaker to be regulated. He asked me if I had ever had it repaired. I said no, it had never needed any repairing. He looked a look of vicious happiness and eagerly pried the watch open, and then put a small dice box into his eye and peered into its machinery. He said it wanted cleaning and oiling, besides regulating – come in a week. After being cleaned and oiled, and regulated, my watch slowed down to that degree that it ticked like a tolling bell. I began to be left by trains, I failed all appointments, I got to missing my dinner; my watch strung out three days grace to four and let me go to protest; I gradually drifted back into yesterday, then day before, then into last week, and by and by the comprehension came upon me that all solitary and alone I was lingering along in week before last, and the world was out of sight. I seemed to detect in myself a sort of sneaking fellow-feeling for the mummy in the museum, and desire to swap news with him. I went to a watch maker again. He took the watch all to pieces while I waited, and then said the barrel was swelled. He said he could reduce it in three days. After this the watch AVERAGED well, but nothing more. For half a day it would go like the very mischief, and keep up such a barking and wheezing and whooping and sneezing and snorting, that I could not hear myself think for the disturbance; and as long as it held out there was not a watch in the land that stood any chance against it. But the rest of the day it would keep on slowing down and fooling along until all the clocks it had left behind caught up again. So at last, at the end of twenty-four hours, it would trot up to the judges stand all right and just in time. It would show a fair and square average, and no man could say it had done more or less than its duty. But a correct average is only a mild virtue in a watch, and I took this instrument to another watchmaker. He said the kingbolt was broken. I said I was glad it was nothing more serious. To tell the plain truth, I had no idea what the kingbolt was, but I did not choose to appear ignorant to a stranger. He repaired the kingbolt, but what the watch gained in one way it lost in another. It would run awhile and then stop awhile, and then run awhile again, and so on, using its own discretion about the intervals. And every time it went off it kicked back like a musket. I padded my breast for a few days, but finally took the watch to another watchmaker. He picked it all to pieces, and turned the ruin over and over under his glass; and then he said there appeared to be something the matter with the hair- trigger. He fixed it, and gave it a fresh start. It did well now, except that always at ten minutes to ten the hands would shut together like a pair of scissors, and from that time forth they would travel together. The oldest man in the world could not make head or tail of the time of day by such a watch, and so I went again to have the thing repaired. This person said that the crystal had got bent, and that the mainspring was not straight. He also remarked that part of the works needed ha lf- soling. He made these things all right, and then my timepiece performed unexceptionably, save that now and then, after working along quietly for nearly eight hours, everything inside would let go all of a sudden and begin to buzz like a bee, and the hands would straightway begin to spin round and round so fast that their individuality was lost completely, and they simply seemed a delicate spiders web over the face of the watch. She would reel off the next twenty-four hours in six or seven minutes, and then stop with a bang. I went with a heavy heart to one more watchmaker, and looked on while he took her to pieces. Then I prepared to cross-question him rigidly, for this thing was getting serious. The watch had cost two hundred dollars originally, and I seemed to have paid out two or three thousand for repairs. While I waited and looked on I presently recognized in this watchmaker an old acquaintance – a steamboat engineer of other days, and not a good engineer, either. He examined all the parts carefully, just as the other watchmakers had done, and then delivered his verdict with the same confidence of manner. He said: She makes too much steam – you want to hang the monkey-wrench on the safety-valve! I brained him on the spot, and had him buried at my own expense. My uncle William (now deceased, alas!) used to say that a good horse was a good horse until it had run away once, and that a good watch was a good watch until the repairers got a chance at it. And he used to wonder what became of all the unsuccessful tinkers, and gunsmiths, and shoemakers, and engineers, and blacksmiths; but nobody could ever tell him

Friday, November 15, 2019

Repression of Women in Euripides The Bacchae Essay -- Feminism Women

Repression of Women in Euripides' The Bacchae      Ã‚   Many different interpretations can be derived from themes in Euripides's The Bacchae, most of which assume that, in order to punish the women of Thebes for their impudence, the god Dionysus drove them mad. However, there is evidence to believe that another factor played into this confrontation. Because of the trend of male dominance in Greek society, women suffered in oppression and bore a social stigma which led to their own vulnerability in becoming Dionysus's target. In essence, the Thebian women practically fostered Dionysian insanity through their longing to rebel against social norms. Their debilitating conditions as women prompted them to search for a way to transfigure themselves with male qualities in order to abandon their social subordination.    According to research, the role of women in classical Greece was extremely limited. Men and women were segregated all over in the Greek society, even in the home (Source 9). Women were secluded in their homes to the point of not being able to leave their own quarters except on special religious occasions or as necessity dictated (Source 10). All women were tightly controlled and confined to the home to insure that their husbands were provided legitimate male heirs. Beyond this, women had no true value (Source 6). Clearly, male domination in Greek society was like enslavement to women. A marriage contract dated 92 B.C. can be located in Women's Life in Greece & Rome by Mary R. Lefkowitz and Maureen B. Fant which defines unacceptable behavior within the union of marriage. The document requires that both husband and wife be chaste within the context of the household, but although nothing prevents ... ...because their position in life made them more susceptible to this kind of delirium.    Works Cited Williams, C.K. The Bacchae of Euripides Faraone, Christopher A. Ancient Greek Love and Magic Http://www.hup.harvard.edu/catalog/FARANC.html Gleason, Maud W. Making Men: Sophists and Self-Presentation in Ancient Rome Http://pup.princeton.edu/titles/5574.html Lefkowitz, Mary R. And Maureen B. Fant Women's Life in Greece & Rome http://uky.edu/ArtsSciences/Classics/wlgr/wlgr-greeklegal101.html Http://didaskalia.berkeley.edu/supplements/supp1/rabinowitz.html Http://novaonline.nv.cc.va.us/eli/eng251/agamemguide.html Http://pup.princeton.edu/titles/5665.html Http://www.classicnote.com/ClassicNotes/Titles/bacchae/themes.html Http://www.ifi.uio.no/~thomas/ai/ai03.txt Http://www.iwu.edu/~mblodget/hypergoddess.html   

Tuesday, November 12, 2019

Unit 203

Unit 203 Outcome 1: understand the importance of equality and inclusion 1. 1 explain what is meant by: * diversity * equality * inclusion * discrimination DIVERSITY means difference. When it is used together with EQUALITY it means recognizing both individual and group differences, it means treating everyone as an individual and giving value to each and every person. Diversity means allowing people to be different and respecting these differences. In care industry the carer might need to challenge others if necessary and speak up for the individuals they support, who cannot speak for themselves.INCLUSION is the right of every human to have equal access and opportunities, regardless their race, gender, disability, medical or other need, culture, age, religion and sexual orientation. It is about getting rid of discrimination and intolerance. DISCRIMINATION is a preconceived attitude towards the members of a particular group that leads to less favorable or bad treatment of those persons. This kind of attitude is often resistant to change even in the light of new information. 1. describe ways in which discrimination may deliberately or inadvertently occur in the work setting Direct discrimination may happen when individuals are treated less favorable or when they are given lower standard of services because of their gender, race, ethnicity, culture, disability, religion, sexuality, mental health or age. The carer must be aware of its own prejudices and make sure that the support they give is not provided at different standards for certain categories. Indirect discrimination takes place when a rule or policy is more restrictive for people from a certain group, when it should be applied equally to everybody.For example a council procedure for homeless people made only in English would put people whose first language is not English in difficulty, which is an unfair disadvantage and could be taken as indirect discrimination. If the council has a good reason for having a particular policy in place (eg. For health or safety reasons) this would not be consider indirect discrimination. Harassment can take place because of people’s prejudices or because individuals believe it is acceptable to tease people or tell racist jokes. This creates an unpleasant environment where an individual can feel degraded.Victimization takes place when someone is treated less favorable because of doing something that another person disapproves (eg. Someone being treated less favorable because they complained about a service). The care worker duty is to make sure they understand what might be considered as discrimination and to raise any concerns with their supervisor/ manager on behalf of the individuals they support. 1. 3 explain how practices that support equality and inclusion reduce the likelihood of discrimination In providing care and support too individuals, it is our duty to be able to respond appropriately and sensitively to everyone we interact with.The w ay a person approach equality and inclusion shows whether she/ he is able to provide care and support. A way in which employers have responded to the issue of diversity was to develop flexibility in their working practices and services (eg. Employer may allow flexible working pattern to accommodate child care or a GP surgery may offer services during weekends for people that work full time during the week). So a commitment to equality in addition to recognition of diversity means that different can be equal. It is important that employers and their representatives behave ethically and lead by example.The UK framework has 2 elements to it: anti-discriminatory framework gives individuals a route to raise complains of discrimination around employment and service delivery and public duties which place a proactive duty on employers to address institutional discrimination. The anti-discriminatory framework protects gender, ethnicity, disability, sexuality, religion, age. Public bodies inc luding local authorities, education, police forces, and national health services are bound to z number of duties. The implementation of public duties will identify and address institutional discrimination.Each of the public duties requires employers to: * produce an equality scheme * carry out impact assessments on their functions, policies and practices * carry out equalities monitoring and take action to redress any imbalance * publish the results of any work undertaken Outcome 2: Be able to work in an inclusive way 2. 1 identify which legislation and codes of practice relating to equality, diversity and discrimination apply to own role The Equality Act 2010 ensures consistency in what work places need to do to comply with the law and make working environments fair.The purposes of the Equality Act are: * establish the Commission for Equality and Human Rights * make discrimination unlawful * create a duty on public authorities to promote equality of opportunity between men and wome n and the prevention of sex discrimination The new Act aims to protect disabled people, prevent disability discrimination and also strengthen particular aspects of equality law. The Act provides legal rights for disabled people in the area of: * employment * education * access to goods, services and facilities including larger private clubs and land based transport services * buying and renting land or property functions of public bodies The Equality Act covers the same groups that were protected by existing equality legislation- age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage or civil partnership, and pregnancy and maternity- but now extends some protections to groups not previously covered (e. g. care workers or parents of a disabled person). It provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person, or because they are wrongly perceived to be disabled .The main Acts incorporated into the Equality Act 2010 are: * The Disability Discrimination Act 2005- about removing the discrimination that disabled people experience. It gives them rights in employment, education, access to goods, facilities and services, buying or renting land or property, function of public bodies. * The Equal Pay Act 1970- stops employers to discriminate between men and women by paying them differently and providing different employment terms and conditions if they are doing: the same or similar work, work rated as equivalent in a job evaluation scheme, work of equal value. The Sex Discrimination Act 1975 and amendments 1982, and 1999- make unlawful the discrimination on grounds of sex, marital status or gender reassignment. It applies when recruiting and when deciding what terms and conditions should be offered to an employee as well as when decisions are made about who should be promoted, transferred or receive training as well as to any decisions about termi nating someone’s employment. The Race Relations Act 1976 and amendments 2000, 2003- which gives public authorities a statutory duty to promote race equality. The aim is to make promoting race equality central to the way public authorities public authorities work, and says they must: eliminate unlawful racial discrimination and promote equality of opportunity and good relations between people of different racial groups. 2. show interaction with individuals that respects their beliefs, culture, values and preferences in order to be sure that a care worker’s work is inclusive and respectful of other people’s social identity, they need to: * recognize that they need to treat everyone they care and support as individuals and respond to them, and their social identity, in an individual manner * Understand that treating people fairly does not mean treating people in the same way.They need to recognize difference and respond appropriately * Respect all individuals they support regardless of their social identity * Try to increase their knowledge and understanding of aspects of social identity that might be different from their own * Avoid stereotyping or making assumptions about individuals based on their social identity * Recognize that their own social identity may impact on individuals in different ways * Avoid using inappropriate and disrespectful language relating to social identity 2. 3 describe how to challenge discrimination in a way that encourages hange If discrimination is challenged effectively, future incidents of discrimination can be prevented, as well as empowering individuals to understand their rights. The care worker should: * Always act fairly and try to see things from the other person’s point of view, considering that there could be different pressures, needs and cultures. * Always use positive language and never use words or phrases that could be disrespectful towards another person * Not allow prejudices and stereoty ping to influence them and not accept any tupe of discriminatory behaviorOutcome 3: Know how to access information, advice and about diversity, equality and inclusion 3. 1 identify a range of sources of information, advice and support about diversity, equality and inclusion http://www. equalityhumanrights. com/ gives information about the Equality and Human Rights Commission which was created to challenge discrimination and promote equality and human rights http://www. scie. org. uk/socialcaretv/search. asp? uery=diversity gives information about working with lesbian, gay, bisexual and transgendered people with different needs of support https://www. direct. gov. uk/ gives information and guidelines about public services Employer’s policy and procedures regarding equality and diversity 3. 2 describe how and when to access information, advice and support about diversity, equality and inclusion Any belief that someone is a victim of discrimination has to be reported immediately to the manager or supervisor.If a care worker feels that he/ she is a victim of discrimination, they should as well report it straight away to the manager or supervisor. Also a more senior or different manager can be contacted if there is a suspicion that the direct manager or supervisor might be involved. The human resources team is usually qualified to give advice and support on this matter. Support can also be found to a Trade Union if the care worker is a member or to Advisory, Conciliation and Arbitration Service (www. acas. org. uk).

Sunday, November 10, 2019

What action can the Commission take against the UK? Does the UK have any defences that it can rely on?

Introduction The European Commission is required to ensure that all Member States comply with EU law and thereby seek out any infringements that are taking place. If necessary, the Commission may bring an end to such infringements by commencing proceedings in the European Court of Justice (ECJ); Van Gend en Loos v Nederlandse Administratie der Belastingen. Such proceedings are brought under Articles 258, 259 and 260 of the Treaty on the Functioning of the European Union (TFEU) (previously Articles 226, 277 and 228 of the European Community (EC)). In the instant scenario, the Commission has decided to take action against the UK under Article 258 TFEU for failing to fulfill its obligations under the Treaty. This is being done on the grounds that the UK has failed to implement the new Directive (the Directive), adopted by the Council of Europe, that was to be implemented by all Member States by the 1 February 2014. Article 258 states; â€Å"If the Commission considers that a Member State had failed to fulfill an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations†. The UK will therefore have an opportunity to raise any defenses within the time that has been specified by the Commission. If the UK fails to submit its observations, the Commission may then bring the matter before the ECJ as shown in Commission v United Kingdom. Here, it was held by the ECJ that; â€Å"assuming the Commission’s submissions are correct, it is not for the Court to give such an interpretation with the aim of correcting Article 2(1) of the Thirteenth Directive†. This case demonstrates that even if the Commission does take action against the UK, this does not mean that the ECJ will intervene. As pointed out by Haynes; â€Å"the Court has over the years been somewhat inconsistent in terms of the degree of interventionism in which it is prepared to engage in order to protect and p reserve the integrity of Community legislation and to iron out those inconsistencies that inevitably creep in.† Despite this, it is up to the Commission to decide whether infringement proceedings ought to be commenced; Alfons Lutticke GmbH v Commission. The Commission thus plays an important role in launching infringement proceedings against Member States and is capable of taking â€Å"whatever action it deems appropriate in response to either a complaint or indications of infringements which it detects itself.† An investigatory process will first be undertaken, which will then be followed by a letter of formal notice that will be served upon the Member State. Once a letter of formal notice has been served upon the Member State, where necessary, a referral to the ECJ will then be made. The procedure that has been established under Article 258 TFEU consists of two phases; pre-litigation and litigation. The intention of the pre-litigation phase is to provide a Member Stat e with the opportunity to comply with the Treaty requirements or provide a justification of its reasons for not doing so; Commision v France. Therefore, the Commission is capable of using the pre-litigation phase as a tool to persuade the UK to comply with the Directive. If the Commission is unsuccessful in persuading the UK to comply with the Directive, the pre-litigation phase will be used as a means of defining the subject-matter of the dispute; Joined Cases 142/80 and 143/80 Essevi and Salengo. It will then be up to the ECJ to determine whether the UK has breached its duties under the Treaty; Germany v Commission. In communicating with the UK on its infringement, it is likely that the Commission will use the EU Pilot that was established as a means of communication between the Commission and Member States. If the EU Pilot fails to resolve the dispute, the Commission may instigate infringement proceedings by giving the UK the opportunity to submit its observations. This is done b y issuing a letter of formal notice; Commission v Austria. The UK will consequently have the chance to submit its reasons for not implementing the Directive as shown in Commission v Portugal. Accordingly, it will thus be argued that there was pressure on parliamentary time and that the Directive will be implemented shortly. The UK will also be able to put forward its observations on Portugal’s non-implementation of the Directive and the fact that it is very early to bring an enforcement action against the UK. If the Commission does not agree with the UK’s response and the UK has not made any attempt to implement the Directive, the Commission may follow this up with a reasoned Opinion, which may then lead to an action before the ECJ; Commission v Germany. The Commission, in its reasoned Opinion, will set out the action it requires the UK to take in order to comply with the Directive and the reasons why it thinks the UK has failed to fulfil one of its Treaty obligations; Commission v Italy. Whilst the time limit that is to be laid down will be based upon a number of different factors, including the urgency of the matter, it is likely that the UK will have around 60 days to respond to the reasoned Opinion. This is intended to give the UK an opportunity to comply or put forward its right of defence as illustrated in Commission v Luxembourg. If the UK does not comply with the reasoned Opinion, the Commission will be capable of deciding whether the matter should be brought before the ECJ. The ECJ will not be concerned with the nature or seriousness of the infringement; Commission v Netherlands, but instead whether there has been a failure to fulfil obligations; Commission v Italy and the burden of proof will be on the Commission. Given that there has been a failure by the UK to fulfil its Treaty obligations under the new Directive, the ECJ will find that there has been an infringement. Although the UK may be able to put forward a defence that the Direc tive will be implemented shortly, it is doubtful that this will suffice as there is very little chances that defences to infringement are successful; Commission v Germany and Commission v Austria. Nor will the UK be able to argue that there has been pressure on Parliamentary time since it was evidenced in Commission v Spain that Member States may not plead that situations or practices existing in its internal legal order have caused the infringement as this will not justify a failure to comply with obligations under EU law. Nevertheless, in Commission v Italy Italy was able to rely on force majeure to justify non-compliance when it encountered temporary insuperable difficulties preventing it from compliance. Pressure on parliamentary time is not likely to be considered a temporary insuperable difficult. Furthermore, the fact that Portugal has failed to implement the Directive will be irrelevant as it was made clear in the Commission v France case that a Member State cannot rely on a possible infringement of the Treaties by another Member State to justify its own infringement. Since the UK has contended that it will implement the Directive shortly, it is likely that the principle of sincere loyalty (Article 4(3) TFEU) will apply. This principle demonstrates that Member States shall act in good faith by co-operating and providing the Commission will the relevant information it requests; Commission v Luxembourg. 2. Does Mr Steymann have any legal right to pursue the matter himself in EU Law? Mr Steymann will not be able to bring an action to the ECJ on the basis that his interests have been harmed by the UK’s failure to implement the Directive; Star Fruit Co. v Commission. However, he will have two options available to him. He can either make a complaint to the Commission, which might result in the Commission initiating proceedings under Article 258 TFEU, or he can bring proceedings in the UK courts under the principle of direct effect. Once a complaint is received by the Commission, a decision will then be made as to whether proceedings ought to be initiated against the UK. In making this decision, the Commission will insist on its discretionary power to determine whether it is worth commencing proceedings. In Commission v Greece a complaint was made to the Commission, which resulted in proceedings being commenced. The Commission, in its reasoned Opinion, established that there was an interest in bringing proceedings and the action was deemed admissible in so far as it concerned the subject matter of the dispute. EU law infringements may also be challenged before national courts, through the principle of direct effect. As such, Mr Steymann may be able to pursue the matter himself the UK courts he if can demonstrate that the Directive has direct effect and that there exists an appropriate remedy. Once the UK implements the Directive, Mr Steyman will most likely sell more gas boilers as he appears to be disadvantaged by the fact that the UK has failed to implement the new Directive. It will be more expensive to manufacture the equipment in the UK in compliance with EU law, which will prevent UK manufacturers from being able to sell the boilers at a much lower price. The principle of direct effect allows Member States to be challenged at national level by litigants seeking to rely on the direct effect of EU law. Mr Steymann will therefore be capable of taking advantage of the direct effect principle, which enables individuals to immediately invoke a European provision before a national or European court as highlighted in Van Gend en Loos v Nederlandse Administratie der Belastingen. As the consequence in the instant scenario is between an individual and the State, Mr Steymann will be able to invoke the European provision through vertical direct effect. For a Directive to have direct effect, nonetheless, the obligations must be clear, precise and unconditional. This was identified in Van Duyn v Home Office it was h eld by the Court of Justice that Article 3 (1) of the Residence and Public Policy, Security and Health Directive 54/221 was sufficiently precise to be capable of having direct effect, despite the fact that the scope of public policy and public security would require determination by the Court. Therefore, it is likely that the Directive on the environmental performance of gas boilers will be capable of having direct effect if it is shown to be clear and precise as enunciated in Defrenne v Sabena. It may also be deemed ‘unconditional’ on the basis that Member States are obliged to manufacture gas boilers in accordance with the provisions in the Directive; Van Gend en Loos v Administratie der Belastingen. However, if the Directive is subject to additional measures, then it will not be capable of having direct effect; Costa v ENEL. Overall, it seems as though the Commission has the ability to bring an end to the UK’s infringements of EU law by commencing proceedings in the European Court of Justice. As there has been a failure by the UK to fulfil its treaty obligations, it is likely that the Commission will be successful in taking action against the UK. Nevertheless, the UK will still be able to put forward a number of defences, though it is unlikely that these will prove to be a success. Since the UK has made it clear that the Directive will be implemented shortly, the principle of sincere loyalty will most likely apply. Mr Steymann also has a legal right to pursue the matter himself through the national courts under the principle of direct effect. Before doing so, however, it would be appropriate for him to make a complaint to the Commission as this could then lead to the initiation of proceedings. In bringing the action himself, Mr Steymann will be required to show that the Directive has direct effect and that there is an appropriate remedy available. Bibliography Books D Chalmers and G Davies. European Union Law: Cases and Materials, (London: Cambridge University Press, 2010). S Anderson. The Enforcement of EU Law: The Role of the European Commission, (Oxford: Oxford University Press, 2012). S Weatherill. Cases and Materials on EU Law, (Oxford: Oxford University Press, 2012). Journals EUR-Lex. ‘Document 12008E258’ (2008) [27 July, 2014]. Europa. ‘The Direct Effect of European Law’ (2010) [27 July, 2014]. European Commission. ‘Infringements of EU Law’ (2010) European Commission Application of EU Law, [27 July, 2014]. R Haynes. ‘Case C-582/08 Commission v United Kingdom’ (2010) De Voil Indirect Tax Intelligence, Volume 12 Issue 173. R Rawlings. ‘Engaged Elites: Citizen Action and Institutional Attitudes in Commission Enforcement’ (2006) European Law Journal, Volume 6, Issue 4, 447. R White and A Dashwood. ‘Enforcement Actions under Articles 169 and 170 EEC’ (1989) European Law Review, Volume 14, 388-389. S Enchelmaier. ‘Always at Your Service (Within Limits): The ECJ’s Case Law on Article 56 TFEU (2006-11)’ (2011) European Law Review, Volume 36, No 5, 623. Legislation Treaty on the Functioning of the European Union (TFEU) Case Law Alfons Lutticke GmbH v Commission Case 48/65, [1962] ECR 501 Commission v Austria Case 10/10, [2011] ECR I-5389 Commission v Austria Case 194/01, [2004] ECR I-4579 Commision v France Case 159/94, [1997] ECR I-5815, para 103 Commission v France Case 232/78, [1979] ECR 2729 Commission v Germany Case 191/95, [1998] ECR I-5449, para 44 Commission v Germany Case 74/91, [1992] ECR I-5437 Commission v Greece Case 240/86, [1988] ECR 1835 Commission v Italy Case 289/94, [1996] ECR I-4405, para 16 Commission v Italy Case 78/00, [2001] ECR I-8195, point 65 Commission v Italy Case 101/84, [1985] ECR 2629 Commission v Luxembourg Case 473-93, [1996] ECR I-3207, para 19 Commission v Luxembourg Case 490/09, [2005] ECR I-9811 Commission v Netherlands Case 359/93, [1995] ECR I-157, para 15 Commission v Portugal Case 20/09, [2011] ECR I-2637 Commission v Spain Case 195/02, [2004] ECR I-7857 Commission v United Kingdom Case C-582/08, (15 July, 2010) Costa v ENELCase 6/64 [1964] ECR 593 Defrenne v Sabena Case 43/75 1976 ECR 455 Germany v Commission T-258/06, [2010] ECR II-02027, para 153 Joined Cases 142/80 and 143/80 Essevi and Salengo [1981] ECR 1413, para 15 Star Fruit Co. v Commission Case 247/87, [1989] ECR 291 Van Duyn v Home Office Case 41/74 [1975] Ch 358 ECJ Van Gend en Loos v Administratie der Belastingen Case 26/62 [1963] ECR 1 Van Gend en Loos v Nederlandse Administratie der Belastingen Case 1953, [1953] ECR 1

Friday, November 8, 2019

How to Write a Character Analysis

How to Write a Character Analysis Being mindful of subtle hints, like mood changes and reactions that might provide insight into your characters personality, can help you write a character analysis. Describe the Characters Personality We get to know the characters in our stories through the things they say, feel, and do. Its not as difficult as it may seem to figure out personality traits based on a characters thoughts and behaviors: Say cheese! the exasperated photographer shouted, as she pointed her camera toward the group of squirming children. Margot displayed her broadest, most convincing fake smile as she inched ever-closer to her younger cousin. Just as the photographers finger twitched over the shutter button, Margot leaned into her young cousins side and pinched hard. The boy let out a yelp, just as the camera clicked. You can probably make some assumptions about Margot from the brief segment above. If you had to name three character traits to describe her, what would they be? Is she a nice, innocent girl? Doesnt seem like it from this passage. From the brief paragraph, we can assume that shes apparently sneaky, mean, and deceptive. Determine the Character Type of Your Protagonist You will receive clues about personality through a characters words, actions, reactions, feelings, movements, thoughts, and mannerisms. Even a characters opinions can help you learn more about the individual, and you may discover that the person fits one of these stock character types: Flat character. A flat character has one or two personality traits that dont change. The flat character can play a major or a minor role.Round character. A round character has many complex traits; those traits develop and change in a story. A round character seems more real than a flat character because real people are complex.Stock or stereotype character. Stock characters are stereotypes, such as hot-tempered redheads, stingy businessmen, and absent-minded professors. They are often found in genre fiction (romance novels and mysteries, for example), and are usually flat characters. They are often used as a tool to move a plot forward.Static character. A static character never changes. A loud, obnoxious background character who remains the same throughout the story is static. A boring character who is never changed by events is also static.Dynamic character. Unlike a static character, a dynamic character does change and grow as the story unfolds. Dynamic characters respond to events and experience changes in attitude or outlook. The character might go through a transformation during the course of the storyline, and grow as a result of actions that took place. Define Your Characters Role in the Work Youre Analyzing When you write a character analysis, you must define that characters role. Identifying the character type and personality traits can help you better understand what the larger role of the character is within the story.  The character either plays a major role, as a central element to the story, or a minor role to support the major characters in the story. Protagonist. The protagonist of a story is another name for the main character. The plot revolves around the protagonist. There may even be more than one main character. In The Adventures of Huckleberry Finn, Huck Finn is the protagonist.In Little Red Riding Hood, the little girl is the protagonist. Antagonist. The antagonist is the character who represents a challenge or an obstacle to the protagonist in a story. In some stories, the antagonist is not a person but rather a larger entity or force that must be dealt with. In Little Red Riding Hood, the wolf is the antagonist.In The Adventures of Huckleberry Finn, society is the antagonist. Society, with its unfair laws and rules, represents the obstacle to Hucks development as a person. Foil. A foil is a character who provides contrast to the main character (protagonist), in order to emphasize the main characters traits. In A Christmas Carol, the kind nephew, Fred, is the foil to nasty Ebenezer Scrooge. Show Your Characters Development (Growth and Change) When you are asked to write a character analysis, you will be expected to explain how a character changes and grows. Most major characters go through some kind of significant growth  as a story unfolds, often a direct result of dealing with some sort of conflict. Notice, as you read, which main characters grow stronger, fall apart, develop new relationships, or discover new aspects of themselves. Make note of scenes in which character changes become apparent or the characters opinions on a topic change. Clues include phrases such as she suddenly realized that... or for the first time, he... Understanding the journey of your character and how it relates to the story as a whole can help you better understand that characters motives and better represent the person in your overall analysis. Article edited  by  Stacy Jagodowski

Tuesday, November 5, 2019

Tips for Multi-Resolution Delphi Applications

Tips for Multi-Resolution Delphi Applications When designing forms in Delphi, its often useful to write the code so that your application (forms and all objects) looks essentially the same regardless of what the screen resolution is. The first thing you want to remember early on in the form design stage is whether  youre going to allow the form to be scaled or not. The advantage of not scaling is that nothing changes at runtime. The disadvantage of not scaling is that nothing changes at runtime (your form may be far too small or too large to read on some systems if it is not scaled). If youre not going to scale the form, set  Scaled  to False. Otherwise, set the property to True. Also, set AutoScroll to False: the opposite would mean not changing the forms frame size at runtime, which doesnt look good when the forms contents do change size. Important Considerations Set the forms font to a scalable TrueType font, like Arial. Only Arial will give you a font within a pixel of the desired height.​  If the font used in an application is not installed on the target computer, then Windows will select an alternative font within the same font family to use instead. Set the forms Position property to something other than poDesigned, which leaves the form where you left it at design time. This usually ends up way off to the left on a 1280x1024 screen- and completely off the 640x480 screen. Dont crowd controls on the form- leave at least 4 pixels between controls  so that a one-pixel change in border locations (due to scaling) wont show up as overlapping controls. For single line labels that are alLeft or alRight aligned, set AutoSize to True. Otherwise, set AutoSize to False. Make sure there is enough blank space in a label component to allow for font width changes - a blank space that is 25% of the length of the current string display length is a little too much but safe. Youll need at least 30% expansion space for string labels if you plan to translate your app into other languages. If AutoSize is False, make sure you actually set the label width appropriately. If AutoSize is True, make sure there is enough room for the label to grow on its own. In multi-line, word-wrapped labels, leave at least one line of blank space at the bottom. Youll need this to catch the overflow when the text wraps differently when the font width changes with scaling. Dont assume that because youre using large fonts, you dont have to allow for text-overflow- somebody elses large fonts may be larger than yours! Be careful about opening a project in the IDE at different resolutions. The forms PixelsPerInch property will be modified as soon as the form is opened, and will be saved to the DFM if you save the project. Its best to test the app by running it standalone and edit the form at only one resolution. Editing at varying resolutions and font sizes invite component drift and sizing problems. Make sure that you set your PixelsPerInch for all your forms to 120. It defaults to 96, which causes scaling problems at a lower resolution. Speaking of component drift, dont rescale a form multiple times, at design time or runtime. Each rescaling introduces round-off errors which accumulate very quickly since coordinates are strictly integral. As fractional amounts are truncated off the controls origins and sizes with each successive rescaling, the controls will appear to creep northwest and get smaller. If you want to allow your users to rescale the form any number of times, start with a freshly loaded/created form before each scaling so that scaling errors do not accumulate. In general, it is not necessary to design forms at any particular resolution, but it is crucial that you review their appearance at 640x480 with large and small fonts, and at a high-resolution with small and large fonts, before releasing your app. This should be part of your regular system compatibility testing checklist. Pay close attention to any components that are essentially single-line TMemos- things like TDBLookupCombo. The Windows multi-line edit control always shows only whole lines of text- if the control is too short for its font, a TMemo will show nothing at all (a TEdit will show clipped text). For such components, its better to make them a few pixels too large than to be one pixel too small and not show any text at all. Keep in mind that all scaling is proportional to the difference in the font height between runtime and design time, not  the pixel resolution or screen size. Remember also that the origins of your controls will be changed when the form is scaled- you cant very well make components bigger without also moving them over a bit. Anchors, Alignment, and Constraints: Third party VCL Once you know what  issues  to bear in mind when scaling Delphi forms on different screen resolutions, you are ready for some coding. When working with Delphi version 4 or higher,  several properties are designed to help us maintain the look and layout of controls on a form. Use  Align  to align a control to the top, bottom left, or right of a form or panel and have it remain there even if the size of the form, panel, or component that contains the control, changes. When the parent is resized, an aligned control also resizes so that it continues to span the top, bottom, left, or right edge of the parent. Use  Constraints  to specify the minimum and maximum width and height of the control. When Constraints contains maximum or minimum values, the control can’t be resized to violate those constraints. Use  Anchors  to ensure that a control maintains its current position relative to an edge of its parent, even if the parent is resized. When its parent is resized, the control holds its position relative to the edges to which it is anchored. If a control is anchored to opposite edges of its parent, the control stretches when its parent is resized. procedure ScaleForm (F: TForm; ScreenWidth, ScreenHeight: LongInt) ;begin F.Scaled : True; F.AutoScroll : False; F.Position : poScreenCenter; F.Font.Name : Arial; if (Screen.Width ScreenWidth) then begin F.Height : LongInt(F.Height) * LongInt(Screen.Height) div ScreenHeight; F.Width : LongInt(F.Width) * LongInt(Screen.Width) div ScreenWidth; F.ScaleBy(Screen.Width,ScreenWidth) ; end;end;

Sunday, November 3, 2019

English Coursework - Assignment Example | Topics and Well Written Essays - 1000 words

English - Assignment - Coursework Example I look forward for your resolution. I will wait for seven days before I seek assistance from the trading standards. Please you can contact me using the above email or address. Yours sincerely [Name] Accounts assistant CV [Name] [Location] [Address] [Phone number] [Email] Personal statement I am an enthusiastic, ambitious and attentive to details individual who has always enjoyed working with figures. This is because I love solving complex tasks and the challenges brought in attempting to solve them. My bachelor’s degree in Accounting plus the accounting experience I have had in the past has equipped me with the necessary analytical skills to excel in this career Objective Seeking an assistant accountant position where I will utilize and develop my extensive experience Professional skills Possess strong problem solving and analytical skills Excellent verbal and written communication skills More than 5 years experience in management of accounting systems Very trustworthy, ethica l and discrete Ability to perform as per the assignment Educational background Bachelor’s degree in accounting, Oxford University, 1999 – 2003 Diploma in computer science, Dublin computer center Computer literacy Operating systems: Windows Vista, Windows 2006, Windows 2007, Windows XP Office package: Microsoft Excel, Microsoft Word, Microsoft Outlook, Microsoft Access, Microsoft PowerPoint Professional experience SIRVA hotels Wales 2004-2006- Assistant Accountant Responsibilities Preparation of cost accounting and monthly closing accounts and statements of profit and loss Reviewing and preparation of budget, expenses, invoices, revenue, payroll entries and other documents in accounting Analyzing and compiling financial data for accounts entry preparations for instance ledger accounts. Instill Services, Boston 2007- to present- Accounting Executive Worked with finance and sales department Maintained the profit and sales book of the company Assisted in distribution of pa yroll Maintained the database of the client Directed generated income to the national board from regional office (Resume 2011) Interest and hobbies I love travelling which not only freshen up my mind but also I get to enjoy new sceneries. Reading because I believe knowledge is power [Your name] [Location] [Address] 8th December, 2011 To Human resources manager Recruiting department Hilton Dublin Hotel Dublin 17 Ireland Subject: Application for a job as an Assistant Accountant I am writing to apply for an assistant accountant position in Hilton Dublin Hotel. I learnt of the vacant position from the job advertisement web page ApplyForJob.aspx on 22nd November, 2011. As my resume reveals both my educational background and my experience, make me eligible for the designation of an account assistant. I have acquired skills in management of accounting systems including preparation and review of budget, invoices, expenses and other accounting practices in my previous organization. I have al so had a chance of working with finance and sales department where I gained immense knowledge in accounting procedures. The five years experiences I have had in my current organization have greatly improved my accuracy skills thereby enabling me to achieve arithmetic excellence in all what I do. Since my current organization has a large number of employees, I have learnt to interact with my fellow colleagues thereby improving my

Friday, November 1, 2019

Midterm Exam Essay Example | Topics and Well Written Essays - 1750 words - 1

Midterm Exam - Essay Example The former employed more male, blue-collar, less-educated workers who needed trade unions (Warner, 2012). The latter employs increasingly more female, white-collar, more educated workers who have less need for unions. These trends impact significantly on the relevance of labour relations to managers. First, whereas declining unionization may appear to exert less pressure on managers, the trend toward workers outsourcing the custody of their labor rights to lawyers implies closer scrutiny for the managers. Now managers will have to be more careful in dealing with their employees, lest they fall victim to the watchful eye of a lawyer. Then, the trend toward employers to devise schemes for employee participation in the running of the organization means that managers will endure less opposition from trade unions. In the old industrial economy, the employee was viewed as a source of cheap labor (Society for Human Resource Management (SHRM), 2011). Their only role was to help goods for sale in the market. There was very little contact with the management. This view, however, has changed with the emergence of the so-called post-industrial market economy. The rise of the knowledge worker, in particular, has been instrumental to the mental shift. Broadly defined, the knowledge worker is charged with generating new ideas as opposed to simply implementing policies adopted by the management. This shift in the way the employee is perceived has necessitated a change in the way the workplace is governed. The new approach to governance places more emphasis on the active involvement of the employee in the decision-making processes of the organization (Society for Human Resource Management (SHRM), 2011). There are many rewards that accrue to the firm that engages its employees in its decision-making processes. The benefit that is most cited is increased employee productivity (Society for Human Resource Management (SHRM), 2011). The employee