Lacking in Existing Communication System of Grameen Phone free essay sample

Lacking in the existing communication policy There is now organization without any kind of lacking in their communication policy. There must be certain issues which create problem among the departments and teams. As we have already mentioned and described the existing communication policy, so we also need to share the lacking in these communication policies. Grameen Phone is always working hard to overcome this communication gap, but new and new technologies and its features again start to create gap between the departments and even in the single team management. Moreover, there is now organization without any kind of lacking in their communication policy. There must be certain issues which create problem among the departments and teams. So following issues we found creating problem and might create problem in the near future. Communication Gap between departments This is the common problem Grameen Phone started to face when it was getting bigger since 2004. We will write a custom essay sample on Lacking in Existing Communication System of Grameen Phone or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Like any other organizations when it is getting bigger, distance between the employees of different department increased. As a example, three departments used to sit together in the same floor space of office. So they have a very good communication between them not only in the professional ways but also in a friendly way. People used to know which department is facing what kind of problem and also the source of the problem. So if the reason is legitimate, other departments come and help them to out of this problem. In the early 2004, when the company was getting bigger in business by gaining more customer day by day, management faced the need to increase the man power of the departments for the smooth communication. So that time it was not actually possible to accommodate 2-3 departments in a single floor. So the distance started to getting bigger. And also the interpersonal support they were getting from others was not available any more. Even after this situation the communication was still strong and bonded as they used to work in the same premises. But the condition curve started going down when some of the departments sent to a different location. It became tough for the employees to communicate with them frequently, just only for the official purposes. So the binding they used to have was no more. This started to put effect also in the official communication among them. In many times people don’t know the objective of the departments and they started to misunderstand the motive of different departments. One of the big examples can be the relationship among the marketing, customer service sales department. Whenever marketing department coming with some new promotional activities it creates confusion in customer service and also in the sales. They think marketing has introduced this promotional offer without thinking about the impact and the consequences of this in other departments. In many time these departments need to face a tough time to handle this promotional offer. But in most of the time this was not the mistake of the marketing department. After the market and competitor analysis they come up with the new promotional offers, but the mistake was they don’t involve any of the people from the other employees from other department. Even if they involve any of the employee from another department, but that concern person don’t communicate the information properly in their department. In the sales end people failed to communicate the complicated offer properly to the customer, so at the end of the day customers phoned again in the hotline and the hotline congestion increased and the service quality decreased. And as the quality decreased, they have to face the questions from the management and it become tough to explain the problem to management. And if the management is not satisfied with the explanation from the department, their KPI become more complicated and tough. So the communication gaps become bigger. In some of the departments employees start to have grievance about the other departments. Same thing also happens in the other departments. In the case of termination of employment, employees don’t get the actual option to know the actual reason of the termination as the Human Resource Department wants to make it secret. But in many case this information should be communicated properly to the employees. It effects not only in the employee who is leaving but also in the job performance of the existing employees. A huge amount of de-motivation work among them. At the end of the day organization face the effect of this thing. Protecting Internal Secrecy In many departments, head of department keep the information from management in secret. Without disclosing the reason and the motive, they set a new KPI or increase the existing KPI. An increased KPI and work pressure without knowing the main objective makes them de-motivated for the specific work. Only a few supervisors are co-operative and they describe the actual situation with his subordinates and make them realize the importance of the increase KPI and motivate them according that. But this amount is very low. It becomes a tendency of the supervisor keeping the information secret. Sometimes this situation even forces the employee to quit their job. Not having any combined portal for share information Grameen Phone has different software and portals for the employees as all of the employees are not working in the same premises and they also believe in the paper less work. Some department has multiple portals for their work process. Even there is another portal which is for all of the departments, where the company discloses the recently happened incident and the employees get the opportunity to share their view and comment regarding this. But this is only for sharing the common organization based information. There is no portal for the entire department where they can get the information of another department and why any kind of change is being taken. As they are different department with different job description, but as they are under the same roof of the organization there will be some impact of the decision in other departments also. So even if there is any feedback of any employee, they can put it in the comment box. Their valuable comment might be helpful to make the decision of that department more perfect. Other than this benefit people will get to know about the reason and the fact about the recent taken decision by the different departments. Frequent Change in the Organizational Policy It is another big problem of Grameen Phone. They frequently change the policy and the work process of the organization. After the telecommunication boom in late 2002, this policy change trend becomes frequent in the organization. At first employees are good with it, but the situation got worse with the more frequent policy change. Employees become fad-up with the situation. So there mind set start to build that we don’t need to follow the policy as it will be going to change very soon. So when management observed that the tendency of the employee is not satisfactory, they set some anti steps to stop this. This anti steps turn into a de-motivating factor for the employees. Not only in the policy, Grameen Phoen frequently change the name of the department and the designation of the employees along with bringing change in the whole organogram. In same cases employees are not properly aware about the change within the organization. Sometimes even the employees become confused with the name of the department. Some of the departmental even termed as 3 different names in 2 years. So it easily it creates dissatisfaction not only for the employees of the other department but also for the employee of that certain department. Wrong Strategy Developments This situation happens in many Multinational companies. They just think to earn money in any available way. Most of the cases they forget about the source of the money, which is the customer base. In many case the strategy they build without considering the benefit of the customer and forget about the consequences of it. As the consequence root level employees of the organization have to face the problem. In the ling run company realizes its problem but most of the time it was so late to overcome the whole situation, even if it is possible it take much time, effort and money. So if the strategy is not appropriate they will not get the perfect feedback. And their long term goal is not fulfilled.

Kicl students’ perceptions on the consumption of McDonalds, KFC and Burger Kings The WritePass Journal

Kicl students’ perceptions on the consumption of McDonalds, KFC and Burger Kings Introduction: Kicl students’ perceptions on the consumption of McDonalds, KFC and Burger Kings Introduction:Literature Review:Bibliography:Related Introduction: Fast food, also known as Quick Service Restaurant within the industry, and ‘Junk food’ informally, is becoming more and more popular form of food choice especially in young people (Schlosser, 2001), including students. As it is cheap and quick option the global market is growing dramatically in recent years. Saying this, studies like Robin (2011), have been done which show fast food as â€Å"unhealthy† and it adversely affects health in long term. This research focuses on KICL students in general who will be as the target subjects to understand their views on fast food. The thesis will try to investigate how students at KICL’s view the intake of fast food by studying their eating habits, food choices they make, with key understanding the reasons for the same, how far they are aware of its speculated results, and their reactions, if any, to ‘solve the problems’. It will also try to see that as a student in London (as they have migrated for studies) does it affect the pattern? If yes, to what extent and their reasons. The views of students will also be noticed in context with their definition of a healthy diet, hence this data can be linked and worked upon with fast food dominance. The study will be conducted at the college of students of random nationalities, thus making the research more general. Talking about research methods briefly, handing out questionnaires to atleast 30 students around the college with mixed nationalities at random. It will be used in simple format; the questions in the questionnaire will be around 15 in quantity, clear and non-analytical. I will be also providing some general data and discussion in brief before presenting questionnaire, which helps for better outcome from participants. Here are some of the sample questions which shall be asked to the participants during the research: -On average, How often do you choose to go to a fast food restaurant in a week?___ Are you eating fast food as often as you were when you were in your country? Yes___ No ___Not Sure___ -Tick as appropriate, why you choose fast food rather than ‘traditional’ meal?: a.) Saves time. b.) Reasonable price. c.) Taste appealing. d.) Take-away facility. e.) Fast-food surroundings are less formal, hence preferred. f.) No need to cook. g.) Other Reason(s) (Please Specify)___________________________ -How far do you agree/disagree that such food adversely effects an individual’s health? a.) Strongly agree b.) Fairly agree c.) Moderate d.) Fairly disagree e.) Strongly disagree If you think that fast food is not an ideal choice, please answer: Why do you think so? Tick as many appropriate a.)  Ã‚   For claimed negative effects b.) Alleged animal cruelty c.) Cases of worker exploitation d.) Claim of cultural degradation due to shift in eating patterns e.) Any other (Please Specify) ______________________ -Write in your own views, if you believe fast food as questionable choice (not more than 50 words) what could be the ‘solution’ to the concerns of fast food? and What according to you is a ‘healthy diet’? Literature Review: Assessing many previous researches, one common result for fast food found is ‘it makes people obese, and though it claims to satisfy hunger and taste buds, people are left with malnutrition’ (John, 1999). As Mark (2010) goes, â€Å"While companies like McDonald’s and Burger King, Domino’s Pizza ‘glitter’ in market for their promise of ‘unbeatable taste’ and ‘free-quick home delivery’, t he true cost of unhealthy food isnt just the price tagin fact, the real costs are hidden.†Ã‚   He claims, â€Å"Obese people account for a disproportionate share of health-related absences from work, as obese people visit their physicians 40 percent more than normal weight people†. This element can also be replaced in students as they have absences from classes. In recent times, fast food has replaced traditional form of meal. This can be because of multiple reasons including cheaper price, time saving, taste preference, as Pollan (2009) defends. However it seems these are true observations in some ways, but it is at the stake of health of people. To refute these arguments perhaps Mark (2010) comes again. He states, â€Å"When you eat unhealthy foods like these, the costs of medical visits, co-pays, prescription medications, and other health services skyrocket.† Government policies are either so flexible or supportive that there is difficulty to break these vicious chains, he adds. According to Currie et. al. (2009) Women are more likely to take their children below age 12 to a fast food chain during lunch than any other meal time. This can mean that eventually more and more children are on verge of obesity and health issues. More specifically for this research project, as per an article, the implied effects of fast-food on caloric in take are at least one order of magnitude larger for students than for mothers, consistent with smaller travel cost for adults (Currie et. al, 2009). Some of the concerns have led to the rise of the  Slow Food, or  local food  movements seeking to preserve local cuisines and ingredients, and directly oppose laws and habits that favour fast food choices. Slow food activists educate customers about what its members considers the richer, more varied and more nourishing tastes of fresh, local ingredients that have been recently harvested. This is very supportive to attack on cultural degradation due to change food patterns (Schlosser, 2001). He further touches other angle explaining how the meatpacking factories concentrate livestock into large feedlots and herd them through processing assembly lines operated by poorly trained employees increase the risk of large-scale food poisoning. Another semi-formal research was carried out by Morgan Spurlock in Super Size Me a 2004 American  documentary film, wherein   He is seen by three doctors (a  cardiologist, a gastroenterologist, and a  GP), as well as a  nutritionist  an d a  personal trainer. He follows a 30-day period during which he eats only  McDonalds  food; fully eat three McDonalds meals per day:  breakfast,  lunch, and  dinner, during these days, he experienced steadily increasing stomach discomfort, nausea and  vomits, on 21st day, heart  palpitations started. Thus, the results were worse than expected, he got 11Kgs surplus. a  cholesterol  level of 230, and experienced  mood swings,  sexual dysfunction, and fat accumulation in his liver. He used ‘detox’ diet to make his body system back to normal. Webber (2009) argues that it is not only McDonald’s but all other major ‘junk factories’ oddly contribute in this manner. The World Health Organisation launched an awareness programme in 2004 which aimed at adopting global health and diet recommendations: reduce sugars, processed foods, soft drinks and junk food advertising. An online article, The Hamburger (2002) showed future threats of fast food with and coined as ‘mishap in society’. While it seems that almost no research shows the beneficial health effects and overall positive outlook of this modern concern of fast food, perhaps this research can enable to help, support, and make aware about the reality of fast food. Additionally, this research may make even participants think critically and the data collected will help provide some in-depth relations to other research works and views and can have scope for further development as well. Bibliography: Currie. J, et. al, (2009), The Effect of Fast Food Restaurants on Obesity and Weightgain, NBER Working Paper No. 14721, National Bureau of Economic Research. Hyman, Mark, (2010), Why Quick, Cheap Food Is Actually More Expensive?, Retrived from huffingtonpost.com/dr-mark-hyman/why-quick-cheap-food-is-a_b_681539.html? [Accessed 10th April 2011] Jakle, John , (1999).  Fast Food: Roadside Restaurants in the Automobile Age. Johns Hopkins University Press.  ISBN 0-8018-6920-X. Kroc, Ray, et.al., (1992), Grinding It Out: The Making of McDonalds. St. Martins Press. Online Article (2002), The Hamburger, National Public Radio. Available at npr.org/programs/morning/features/patc/hamburger/ [Accessed 11th March 2011] Pollan, M. (2009). In Defense of Food: an Eaters Manifesto, Penguin, New York City. Schlosser, Eric (2001).  Fast Food Nation: The Dark Side of the All-American Meal, Houghton Mifflin Books.  ISBN  0395977894. Unkown Author, (2008),  The Obesity Crisis: Whats it all about?, The Endocrine Society, The Hormone Foundation. Webber, Karl, (2009), Food Inc.: A Participant Guide: How Industrial Food is Making Us Sicker, Fatter, and Poorer-And What You Can Do About It, First Edition, PublicAffairs. World Health Organization, (2004), Internet News Article for Awareness, Available at naturalnews.com/001084.html [Accessed 13th June 2011]

Discussion Questions Essay Example | Topics and Well Written Essays - 750 words - 11

Discussion Questions - Essay Example A good practice in team settings is giving different members a chance to be team leaders. Attitudes influence the behavior of people when they work together. I once worked in a company that had morale issues. Everyone was down because the company was having financial troubles that were affecting the entire staff. The employees were getting paid a week or two late every payroll. The attitude of the employees was horrendous. People would come to work late and leave early. Nobody respected the managerial staff because they were doing nothing to ensure they employees got paid. It was one excuse after the other. The lack of commitment by managers led to an organizational chaos. There are generational differences that affect the way an organization operates. The younger employees are not as committed to a company as the older employees because younger employees have more options. They expect a company to help them in their professional development. If a company does not provide its younger employees opportunity for growth the most likely scenario is that they won’t be able to retain the employee. Older employees value job security and a stable working environment. A way to get the younger employees and older workers to participate with each other is to formulate work teams made up of both young and experienced workers. Managers are not the only workers that can lead a company. There are many informal leaders in organizations. These people are able to motivate the rest of their colleagues to perform work at a higher level. Sometimes these leaders are silent leaders that influence the behavior of others through example. For instance a person at a manufacturing line can motivate others to improve their performance by producing more units per day than anybody else. When another worker sees that it is possible to produce more the worker starts believing that greater production is possible. I understand what you are going through working in that inefficient

The employment effects of the minimum wage Term Paper

The employment effects of the minimum wage - Term Paper Example Beneath the antagonistic claims on both sides bordering on sound political and philosophical principles are assumptions loosely hinged on individual interpretations of the time series of increasing inequalities. Indeed, there are no doubts that the magnitude of the inequality gap widened further over the past decade alone. Nonetheless, questions abound as to whether the statutory minimum wage settings do have any profound effect on the same. This short paper endeavors to highlight the controversy of the current debate and subsequently ascertain with facts the effects of the Minimum Wage on employment. Supportive Evidence: Decent Pay and the Job Loses The employment effect of the minimum wage is by far one of the topics in economics mostly researched and deliberated upon with an effectual outcome of scholarly arguments and counterarguments that boarder more on the authenticity of data used. A statutory minimum wage, by definition, refers to a legal binding remuneration threshold at wh ich employers may buy labor services from prospective workers or workers may sell their labor services to prospective employers (O'Sullivan and Sheffin 130). Although such laws are effective in many jurisdictions, scholars offer varied opinions on the theoretical models that have stood the tests of time, though challenged by a myriad of data collections that continues to this day. Legally sanctioned statutory minimum wage at predetermined levels bears a strong social appeal in manipulating market labor prices to ameliorate the social income iniquity for the vulnerable members of the workforce, particularly the unskilled workers. For many, a fair distribution of the national cake can only be achieved by some political manipulation of the wage structure; a policy argument judged against the sticky poverty statistics (Eatwell, Milgate and Newman 476). Indeed, given that proliferation of industrial working environments where employers pay little attention to workers’ wellbeing, t he establishment of minimum wage legislation is well in order. Entrepreneurial ventures such as the multinational corporations operating in the developing countries have long been blamed for unfair bargaining power over their workers. Clearly, the institutionalization of minimum wage laws in such countries goes a long way in ensuring that workers get at least some decent pay commensurate to the labor services they offer. Even though the above objective is widely popular with the public as a morally justifiable political course, for economists, statutory minimum wage legislations represent a challenge of price distortion within the labor markets, yet with questionable attainment of the intent stated above. From inception, minimum wage laws have received less support from economists than from the enthusiastic public poor/lower cadre workers/unskilled workers who gullibly feel they stand to benefit over their employers. Despite decades of economic research augmented by scientific princ iples, the employment effect of minimum wage legislation remains a contentious policy. A classic exposition of the minimum wage's inability to substantially reduce the income inequality gap by

Humanities Essay Example | Topics and Well Written Essays - 500 words - 7

Humanities - Essay Example He tried to change the culture of Egypt by making the sun god, Aten, the most important of all. This also was a political move that gave him more power and pushed aside the priests of other gods. He was bold in his change of religious policies, and also broke tradition by moving the Egyptian capital to a new city. However, he was not popular enough to leave a legacy, and his changes did not last. Unlike Gilgamesh and Alexander, Akhenaten was not very representative of his people or time. Gilgamesh was a great king of the Mesopotamian kingdom of Uruk, who may have existed in reality as well as in legend. He was said to be part god and part man, and of course became a very popular figure among Mesopotamians, which lead to the survival of his story. Gilgamesh was unique for his position in myth and legend, and his character seems to be one that is less concerned with his society than with his own destiny. He goes of in search of adventure and finally in search of immortality. He did not make himself known for what he did in his kingdom like Alexander and Akhenaten, but instead was very individual. Like Alexander, however, he was seen as something of a godly figure. Finally, Alexander the Great was a prince of Macedonian descent who was full of ambition and military genius. He is different from the others in that he was a successful agent of change. He was significant for being regarded as a hero and a divine king like Gilgamesh, and in changing society, religions, governments, and cities like Akhenaten. Unlike Akhenaten, his changes had a lasting effect and the world was never able to change back, and overall Alexander was responsible for bringing about a new age in his unique role as a conquerer and reformer. These people were all strong cultural influences, in positive and negative ways. . As rulers, Alexander and Akhenaton both wielded much more political and military might. They were both similar in that they

Procedural Fairness in Unfair Dismissal

Procedural Fairness in Unfair Dismissal Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004: A report - In October 2004 the government introduced a statutory minimum disciplinary and grievance procedure dealing with disputes in the workplace. These procedures and related rules are set out in the Employment Act 2002 (Dispute Resolution) Regulations 2004 and state that employers must follow a minimum dismissal and disciplinary procedure in the workplace or otherwise dismissal will be automatically unfair. When bringing a claim at the Employment Tribunal for unfair dismissal, employees are also entitled to additional compensation if these disciplinary and dismissal procedures are not adhered to. Although the aim of the Regulations was to encourage informal resolution of disputes, many employers felt that they were too complicated and did not achieve the desired aim. Gibbons (2007 pg.24)[1] sums up this view, ‘The procedures are seen as a prelude to employment tribunals, rather than a way of resolving problems in the workplace’ The Employment Bill 2007 therefore recommends a repeal of the Regulations for what is hoped will be a more straightforward regime likely to come into force in April 2009. The Regulations A standard dismissal procedure as per the Regulations involves the following three steps. The first is a letter which must be sent to the employee setting out the reason for dismissal and inviting them to a meeting at a convenient time and place. The employee must be given time in which to consider the letter and then has a duty having done so to take all reasonable steps to attend the meeting. The second step involves the actual meeting which has to be conducted in a manner which enables both employer and the employee to explain their case. After the meeting the employee must be notified of the decision and provided a right of appeal. The third step would be the appeal process and if the employee wishes to appeal, they must inform the employer who will then invite them to an appeal meeting. The onus is on the employee to take all reasonable steps to attend this appeal meeting and as far as is practicable a more senior manager from the organisation should attend the appeal meeting. The appeal meeting must be conducted in the manner in which enables both the employer and the employee to explain their case. After the meeting the employee must be notified of the final decision. During every meeting in the process, the employee has a right to be accompanied by a work colleague or a trade union official. This companion may address the hearing, confer with the employee during the hearing and may also sum up the employees case but must not answer questions on behalf of the employee. In the case of a grievance against an employer the same steps must be followed with the letter sent from employee to employer stating the nature of the grievance and asking for a meeting to be held. Where the employee has already left employment the Regulations provide for a modified procedure that does not require the Step 2 meeting. The problems created by the Regulations When the Regulations came into force on the 1st October 2004 the government resolved to revisit them after two years. The Department of Trade and Industry confirmed this in its Success at Work Report (2007 pg. 8)[2] ‘This is a key part of DTI’s work to simplify regulation, by removing compliance costs and complexity, and addressing irritants for business and others affected by employment law, while ensuring that employee rights are protected.’ The government then commissioned an independent report on the 12th December 2006 written by Michael Gibbons who was asked to assess all employment dispute resolution procedures including suggestions for adapting the Regulations if he found them not to be fit for purpose. He interviewed over 60 employers, employees and intermediaries involved in dispute resolution. Gibbons in his report entitled Better Dispute Resolution (2007 pg.5) states[3], ‘In conducting the Review I was struck by the overwhelming consensus that the intentions of the 2004 Regulations were sound and that there had been a genuine attempt to keep them simple, and yet †¦as formal legislation they have failed to produce the desired policy outcome. This is perhaps a classic case of good policy, but inappropriately inflexible and prescriptive regulation.’ It became apparent that the regulations did not state clearly what a written grievance was or what it was to contain. With no specific guidance on this, parties called for procedural hearings at the ET to establish whether the claimant actually put their grievance in writing and whether all of the claims that were found in their Claim Form had previously been evidenced in the grievance letter. The respondents were claiming that this was not the case and therefore there was no case to answer. Therefore although the procedures were clear as to the steps to follow in bringing a dispute insufficient guidance was given about each stage leaving Tribunals with an increase in the number and length of proceedings. Gibbons explains the difficulty with identifying what constitutes a grievance letter (2007 pg.8), ‘†¦comments in resignation letters and in 360-degree feedback forms have been held to meet the requirements, so some employers feel it is necessary to check closely and investigate any written communication that might be construed as a grievance’ Although the intention of the regulations was for early informal resolution of disputes, the drafting of the Step 1 letter and consequent meetings in practice escalate many issues taking up management time and proving stressful for employees. Also the three step process as outlined above was not always adequate in all circumstances. Small businesses in particular have complained about the formal, ‘one size fits all’ approach of the regulations. Gibbons explains (2007 pg. 8), ‘†¦the appeal stage is an unnecessary burden, especially for small businesses. The appeal will often be to the same person who made the original decision. It can also be difficult in cases where employees have left the workplace. One business felt it necessary to follow the three-step procedures for each of their Christmas temporary staff before they left – a process which added no value.’ The main thrust of the opposition to the current regime is that it has created an unhealthy overlap between the resolution of disputes and the litigation procedure which should as far as possible be kept separate. For example the regulations stipulate that before a claim is lodged at the Employment Tribunal (ET) a grievance letter must be sent to the employer within three months of the alleged dismissal or conduct. Any breach of the procedure would allow the Tribunal to grant up to 50% increase if the fault was that of the employer or 50% reduction in the award depending on whether the fault was that of the employee. Of course apart from the fact that it is not always easy to ascertain whose fault led to a breach of procedure such stipulations and penalties mean that litigation has to be considered at an early stage when resolution of the dispute should be paramount. Gibbon states (2007 pg.25), ‘Both large and small businesses have reported that the number of formal disputes has risen. The Review has heard that 30 to 40% increases have been typical in the retail sector.’ Further complications arise where there are multiple claims for example in an equal pay case and the three step process has to be repeated many times creating an unnecessary administrative burden. The same burden is also felt where and employer seeks to follow the disciplinary steps and at the same time the employee also seeks to pursue a grievance. ‘It is not always clear how the two strands of the Regulations should operate in such circumstances, and employers can feel compelled to hold excessive numbers of meetings and write excessive numbers of formal letters to be sure of fulfilling the procedural requirements’[4] The proposed reforms As a result of the Gibbons Review, the Government held a consultation and the responses received formed the basis of the present reform proposals published in the Employment Bill 2007 which has received royal assent and is now the Employment Act 2008. The first major reform is for the Regulations to be repealed in their entirety in April 2009 and replaced with a revised ACAS Code of Practice (the Code) which has been agreed in draft form. There will also be non statutory guidance also provided by ACAS. ACAS stands for the Advisory Conciliation and Arbitration Service and currently offers employees an arbitration service as an alternative to resorting to proceedings. Also it has always provided a Code for resolving disputes but it is only now being adapted and incorporated into statute. In actual fact the revised ACAS code provides for the same three step procedure but does not incorporate the same penalties and conditions as the Regulations. There have also been some additional requirements which seem to lean towards ensuring that employees behave ‘reasonably’. The draft Code is designed to provide basic practical guidance for disciplinary and grievance procedures but is limited as it will not apply to dismissals as a result of redundancy[5] or expiration of a fixed term contract.The Code describes the remit it covers[6], ‘Disciplinary situations include misconduct and/or poor performanceGrievances are concerns, problems or complaints that employees raise with their Employers’ It suggests in the Foreword of the Code[7] that employers and employees should try to resolve disputes between them. However if they cannot, they should seek the help of an independent third party inside or outside the organisation. The Code provides that where the Employment Tribunal must ascertain compliance with the Code it will do this on a case by case basis taking into account the size and resources of the employer. Therefore unlike the Regulations there is no expectation that all business will comply with every provision in the Code providing greater flexibility for employers. In relation to disciplinary procedures the first step is to establish the facts of each case by collating evidence and holding an investigatory meeting if necessary. The Code then states[8], ‘If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting’ New provisions provide for evidence collated including witness statements to be provided by the employer with the letter requesting a disciplinary meeting. Also an employee may call their own witnesses. The statutory right to be accompanied to this meeting still stands however the Code’s emphasis on ‘reasonableness’ is evidenced where it states[9], ‘However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would not prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.’ The dispute Regulations had provided that on appeal the employer only had to make one attempt to reconvene the meeting however under the Code the employer has to show that the employee has persistently been unable or unwilling to attend before a decision can be made in their absence.[10] If the employee decides to appeal, grounds of appeal in writing must be submitted to the employer.[11] This requirement was not found in the Regulations and the idea behind it is to ensure that further time is not spent discussing issues that have already been covered in the first meeting. In a case of a grievance for example instead of the emphasis on a Step 1 grievance letter, the revised Code states[12], ‘If it is not possible to resolve a grievance informally employees should raise the matter formally and without unreasonable delay’ The employee should inform the employer of the grievance preferably in writing and the letter should be addressed to the line manager. Unlike the Regulations, a claim would not be barred in absence of a grievance letter although a failure to send this letter would be a breach of the Code and may lead to a reduction in the award. The Code states that a meeting must be heard pursuant to the letter and that the employee must have the right to be accompanied by a colleague or trade union official. As with the disciplinary procedure, the requirement here is that the right to be accompanied is reasonable. During the meeting the employer can ask for an adjournment in order to carry out an investigation. There is also a right of appeal and subsequently the employee can decide to take the matter further and pursue the case in the Employment Tribunal. The new regime will not hold a dismissal to be automatically unfair if there has been a breach in procedure. Employment Tribunals will have to decide cases on what is fair and reasonable and will have discretionary powers to adjust awards of up to 25% if either employer or employee has not followed the ACAS code. In relation to this provision the government report Resolving Disputes in the Workplace Consultation (May 2008 pg.16) it states, ‘This will be a power rather than a duty in order to allow the employment tribunals discretion to apply it in the interests of justice and equity’ It is hoped that these reforms will give a higher level of flexibility in resolving work place disputes and various businesses can tailor the new regime to their specific needs. The Government has also agreed as part of the reform to invest  £37M into the ACAS helpline system in order to provide early mediation for workplace disputes that would otherwise result in tribunal claims. Resolving Disputes in the Workplace Consultation (May 2008 pg.16)[13] states, ‘The government considers the way forward should be a short non prescriptive Statutory Code setting out the principles of what and employer and employee must do supported by fuller statutory guidance’ The idea is that the new statutory code will provide guidance for employment tribunals and the non statutory guidance will be used by employers and employees. Where a grievance arises during a disciplinary process, the disciplinary may be suspended or both can be dealt with concurrently if related. The Code does not cover collective grievances which must be dealt with under the agreed collective grievances procedures agreed with trade unions. The likely effect of these reforms on employers and employees It is unlikely that the Code will have a major change on the dispute resolution process in the work place. The code incorporates the same three steps that were found in the Regulations. There is still a penalty of an increase or decrease in the award up to 25% depending on whether the employer or employee is at fault. Because the employee is likely to suffer a reduction in compensation of up to 25 % the pressure to ensure a grievance letter is sent still remains. Although unlike the Regulations, the claim is not barred due to failure to lodge a grievance, the number of grievances brought by employees is not likely to be reduced for so long as there remains a penalty, albeit the employee at the grievance stage may not have considered litigation. So arguably there may not necessarily be reduction of time spent on hearing and processing grievances in the workplace. Also with the repeal of the Regulations there is no automatically unfair dismissal because of non compliance. Many have argued that this places fewer restrictions on unscrupulous employers therefore increasing the likelihood of litigation. There would need to be clear communication by the government and business to their employees as to how the new regime will work and arrangements need to be put in place for the transition between the old and new procedures. As far as practical points flowing from the provisions of the ACAS Code, the following would ensure that employers are taking the right steps to ensure compliance although there still remains areas of uncertainty that will only be made clear once the Code is put into practice. Mediation training should be provided for Human Resources staff to act as internal mediators and consider compiling a list of good mediators outside the organisation. In the Introduction of the Code, it states that employees should be involved where appropriate in the development of rules and procedures so to this end it would be prudent if employers hold consultation meetings with employees and their Trade Union Representatives during the transition period between the Regulations and the Code. Guidelines should be provided as to how to provide a ‘reasonable opportunity’ to call witnesses (Clause 12) and establish in policy that that the right to be accompanied is subject to considerations as to reasonableness (Clause 15). These issues are clearly subjective and would vary on a case by case basis and are therefore likely to prove controversial or even problematic Guidelines should be drafted as to when and under what circumstances the employee has shown inability or unwillingness to attend a disciplinary meeting without good cause. Different people should oversee the investigatory and later the disciplinary process. In order to facilitate early resolution of disputes as well as implementing the Code the government also intends for ACAS to provide a helpline where simple disputes can be dealt with over the phone or by internet. This extends the existing right to mitigation that parties must be notified of in any dispute. However the issue is ensuring that ACS has the necessary funds and staff to successfully fulfil this role. Staff must be well trained in providing employment advice and negotiating settlement between parties. Another proposal is that the Employment Tribunal Application process should happen via the helpline giving claimants access to advice on their claim and alternatives to litigation. Not all involved in the dispute resolution process favour these reforms. In the government report Resolving Disputes in the Workplace Consultation[14] it states ‘Opponents of repeal included a number of Trade Unions, representatives of vulnerable workers and individuals. Many cited the benefits of having a standard required procedure in all workplaces which operated to the benefit of workers in all types of organisations and encouraged good practice.’ From the point of view of an employee, the fear is that the new regime and its emphasis on ‘reasonableness’ leaves too much to the discretion of the employer. This coupled with the removal of the automatically unfair provision has left the issue of unfairness to the Employment Tribunal who will access the situation based on many factors other than breaches in the code including the size and resources of the employer. There is therefore an element of uncertainty in the new provisions certainly for the employee but for the employer as well. In the Legal Action Group’s response to the government consultation (June 2007) it states,[15] ‘Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (the ‘regulations’), will not improve the poor position of the many, low paid, non-unionised, workers in the labour market. The government should act to protect the most vulnerable by encouraging trade union organisation and by other legislative measures.’ The concern of the Group is that the government’s emphasis on mediation could lead to vulnerable employees losing their right to a formal hearing to resolve disputes. In order for alternatives to litigation to be properly considered good quality advice needs to be available to all however only a third of the working population are trade union members. A lack of access to legal aid will mean that non members will not have proper recourse to legal advice. It seems unlikely that the ACAS helpline proposal will cater for all workplace disputes. The Code has also been seen as unfair towards employees as it does not take into account that in reality there is rarely a balance of power between employer and employee. Employers have more resources and employees tend to already feel intimidated when bringing a grievance. A simple dispute could still have as its underlying cause a long term abusive policy against workers which of course cannot be resolved through a telephone conversation with an ACAS mediator. Indeed there are many categories of workers including the elderly and disabled or those with language difficulties who would need face to face advice. The LAG report states,[16] ‘We have to question whether the DTI is taking an even-handed approach to the resolution of work-related disputes or whether it has bowed to pressure from the powerful employers lobby.’ The overall view therefore of those acting for employees is that although the Regulations were unnecessarily complex they could have been simplified without being repealed as they provided minimum protection for all workers, whether or not they were trade union members. The principal reason for issuing the Regulations was because it was found that many employers did not have any procedures in place for resolving dispute and a repeal of the regulations could mean a return to this situation. There are also potential problems with the right of employees to bring claims being infringed where it is proposed that the Tribunal application system should also be processed through the ACAS helpline. LAG notes[17], ‘It would be inappropriate for a service point that had an aim of providing advice and guidance to also act in a ‘gatekeeping’ role for potential ET claims. Combined with the suggestion that the new advice service should be able to over-ride or contradict the advice given by a representative11, this would damage any integrity generated for such a service.’ Conclusion Clearly the repeal of the Dispute Resolution Regulations 2004 and the implementation of the ACAS Code due to take effect in April 2009 is not without its difficulties. The Government’s aim is to reduce the amount of claims being taken to the Tribunal although it recognises that dispute resolution is in itself only one strand. The other is revising the law in relation to unfair dismissal and making the Tribunal processes itself more efficient. The Code is similar to the Regulations in that it mirrors a three step process. However the onus is often put on the employer to determine what is reasonable which has the effect of the Tribunal later claiming breach of the regulations or the employee claiming that their rights have been infringed. The employer therefore has a burden to act reasonably and the vagueness of this term although creates more flexibility to employers will produce greater uncertainty. Only time will tell whether the Code will in fact encourage a ‘conflict resolution culture’ and reduce the administrative burden on employers as its drafters intended. BIBLIOGRAPHY ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance (Nov 2008) http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf DTI-Success at work resolving disputes in the workplace: A consultation- (March 2007) DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group (2007) Is it the end of the road for Statutory Minimum Dispute resolution Procedures Nick Hine May 2008)http://www.tcii.co.uk/images/upload/guest_article_pdfs/11ganick_hine2ddpdf_2173.pdf United Kingdom: New Acas Code Of Practice on Disciplinary And Grievances Article by Val Dougan Dundas and Wilson Solicitors 28 November 2008 www.personneltoday.com 1 [1] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf [2] DTI-Success at work resolving disputes in the workplace: A consultation- March 2007 [3] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons )March 2007)http://www.berr.gov.uk/files/file38516.pdf [4] Gibbons Review pg. 27 [5] Employers must consult the ACAS book on redundancy handling [6] ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 [7] The Foreword of the Code is not legally binding but constitutes best practice [8] Clause 9, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [9]Clause 15, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [10] Clause 24 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [11] Clause 25 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [12] Clause 32 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [13] BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) [14] BERR Resolving Disputes in the Workplace Consultation Government Response May 2008 [15] DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group [16] LAG Report Pg.2 [17] LAG Report pg.5

The Split Cherry Tree Essay -- essays research papers

The Split Cherry tree by: Jesse Stuart   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The setting takes place when people own a large amount of land. It is when the average family consisted of many children, and the children helped the family out. The boys usually tended the land with their father, and the girls were taught to wash clothes and to clean and cook. The setting consists of the same things as did the families of the frontier times.   Ã‚  Ã‚  Ã‚  Ã‚  The plot tells a story of a boy named Dave who was on a mission to recover four-legged scaly specimens of the kingdom of Nimalia. In order to complete such a task the boy was required to climb a cherry tree. He and his chums went over to a cherry tree that was in the property of a man who lived near the school. When they arrived at the spot where he was to begin his task, they observed a lizard who was patiently absorbing the warmth of the sun in order to be able to enjoy the night. As soon as the boys had spotted the lizard, they gave chase. The lizard noticing them instantaneously high tailed it to the nearest tree which happened to be a cherry tree. David and his friends followed the lizard up the tree. When the boy was near the top of the tree, the weight of him and his friends caused the tree to wilt until it came to a breaking point where it could no longer stand the stress that was being applied to it so it snapped. The man who owned the land, and the tree that was on it, took the ...