Reviewing a Redundancy Decision

Reviewing a Redundancy Decision It is well established that when reviewing a redundancy decision the Authority  or Court will look at two factors. They are the genuineness of the redundancy and the  procedure by which it was carried out. The enquiry into each factor is carried out  separately (Coutts Cars Ltd v Baguley [2001] ERNZ 660 (CA)). Section 103A of the Employment Relations Act 2000 (the Act) requires an  employer must, before dismissing an employee, raise its concerns, allow the employee  an opportunity to respond and consider the response with an open mind  (ss.103A(3)(b) to (d)). That these requirements remain in the form of a consultation process in a  redundancy setting is confirmed by s.4(1A)(c) of the Act. The relationship was  confirmed by the Court in Jinkinson v Oceana Gold (NZ) Ltd [2010] NZEmpC 102. The Court recently affirmed in Rittson-Thomas t/a Totara Hills Farm v Davidson1 that it is not for the Court (or the Authority) to substitute its own view as to whether a position should be considered redundant (or not). Rather the inquiry should be in accordance with the statutory requirements, that is: whether what was done (the dismissal and the substantive reasons for it), and how it was done (the process undertaken), was what a fair and reasonable employer could have done in all the circumstances at the time of the dismissal.2 Section 103A Employment Relations Act 2000 Substantive Justification for dismissal is addressed in s.103A of the Employment Relations Act 2000 (the Act), which states: S103A Test of Justification i. For the purposes of section 103(1) (a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2). ii. The test is whether the employers actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. [63] The Test of Justification requires that the employer acted in a manner that was substantively and procedurally fair. An employer must establish that the dismissal was a decision that a fair and reasonable employer could have made in all the circumstances at the relevant time. [64] In the Employment Law case Michael Rittson-Thomas T/A Totara Hills Farm v Hamish Davidson1 Unrep [2013] NZEmpC 39 20 March 2013 (Rittson) his Honour Chief Judge Colgan considered that the Court cannot impose or substitute its business judgment for that of the employer taken at the time, however: [54] à ¢Ã¢â€š ¬Ã‚ ¦ the Court (or the Authority) must determine whether what was done and how it was done, were what a fair and reasonable employer would (now could) have done in all the circumstances at the time. So the standard is not the Courts (or the Authoritys) own assessment but rather, its assessment of what a fair and reasonable employer would/could have done and how. Those are separate and distinct standards. It is well established that when reviewing redundancy decisions the Authority or Court will look at two factors. They are the genuineness of the redundancy and the procedure by which it is carried out. The inquiry into each factor is carried out separately (Coutts Cars Ltd v. Bageley [2001] ERNZ 660 (CA)). - [27] Regarding the justifiability of a dismissal on grounds of redundancy, the starting point is to enquire whether the decision to make a position redundant was made for proper business purposes so as to ensure a purported redundancy is not an attempt to legitimize a dismissal where the predominate reason for termination of employment is for other reasons. [28] As with any allegation of unjustified dismissal, the onus is on the employer to demonstrate that its decision to terminate an employees employment was justified.3 Section 103A Employment Relations Act 2000 [29] In Rittson-Thomas [2013] NZEmpC 39 the Employment Court recently stated: It will be insufficient under s.103A, where an employer is challenged to justify dismissal or a disadvantage in employment, for the employer to say that this was a genuine business decision and the Court (or Authority) is not entitled to enquire into the merits of it.4 [60] The Court of Appeal statement of the law regarding the genuineness of a redundancy in GN Hale Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (Hale) was that: An employer is entitled to make his business more efficient, as for example by automation, abandonment of unprofitable activities, reorganisation or other cost-saving steps, no matter whether or not the business would otherwise go to the wall. A worker does not have a right to continued employment if the business can be run more efficiently without him. [61] However since Hale was decided, justification for dismissal is now as stated in the Employment Relations Act 2000 (the Act), which at s 103A of the Act sets out the Test of Justification as being: S103A Test of Justification i. For the purposes of section 103(1) (a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2). ii. The test is whether the employers actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. [62] The Test of Justification requires that the employer acted in a manner that was substantively and procedurally fair. An employer must establish that the dismissal was a decision that a fair and reasonable employer could have made in all the circumstances at the relevant time. [63] The Employment Court has issued recent decisions in this area which have reexamined the statement of the law in Hale in light of s 103A of the Act. [64] In Michael Rittson-Thomas T/A Totara Hills Farm v Hamish Davidson Unrep [2013] NZEmpC 39 20 March 2013 (Rittson) the Court referred to Hale and its previous comments about Hale in Simpsons Farms Limited v Aberhart [2006] ERNZ 825,842 . His Honour Chief Judge Colgan considered that the Court cannot impose or substitute its business judgment for that of the employer taken at the time, however: [54] à ¢Ã¢â€š ¬Ã‚ ¦ the Court (or the Authority) must determine whether what was done and how it was done, were what a fair and reasonable employer would (now could) have done in all the circumstances at the time. So the standard is not the Courts (or the Authoritys) own assessment but rather, its assessment of what a fair and reasonable employer would/could have done and how. Those are separate and distinct standards. [65] In that case, the Court was critical of the lack of information provided to the employee, and held that the employer had not adequately explained why the money saved by the disestablishment of the employees position justified the position being made redundant. The Court found upon analysis that the employer had been mistaken in concluding that there would be a wage saving of 10% per annum, when in fact it was 6%. This threw into doubt the genuineness of and, therefore, the justification for, the dismissal. [66] In Brake v Grace Team Accounting Limited [2013] NZEmpC 81 13 May 2013 (Brake) Travis J firmly endorsed Rittson, finding in that case that although the employer claimed that its financial position had deteriorated over the six months the employee had been employed requiring a reduction in salaries, in fact analysis by the Court concluded that the employers figures were incorrect and there had been no sudden deterioration. [67] On this basis it was held that the employers justification for the dismissal was mistaken, with the consequence that the dismissal of the employee was unjustified. [68] In Catherine Tan v Morningstar Institute of Education Ltd T/A Morningstar Preschool Ltd [2013] NZEmpC 82 16 May 2013 the Court adopted a similar approach. As in the case of the employee in Brake, Ms Tan had been provided with factually incorrect information about the employers financial position. She had been misled into thinking that the redundancy of her position was inevitable when it was not; the cost savings were relatively minor and insufficient to have satisfied the employers requirements. [26] In its submissions, Checkmate refers to a decision of the Authority BodePatterson v Hammond-Smith and Smith t/a I Love Merino Limited [2013] NZERA Auckland 294 ( Member Anderson ). In that decision, the Authority sets out an excellent summary of the law in respect to redundancy and for the purposes of the present decision, the analysis in Bode-Patterson is adopted without amendment. [27] For present purposes, it is enough to say that the law requires the Authority to enquire into the genuineness of a redundancy so as to ensure that the redundancy is being activated for proper business purposes and not being undertaken for base motives. [28] Further, it is important to note that it is not enough for a business owner to simply claim the necessity to make structural changes; they must be prepared to demonstrate that necessity to the satisfaction of the Authority. [29] In broad terms then, there are two enquiries that the Authority must make to satisfy itself about the genuineness of the redundancy. The first is to establish whether the evidence supports the employers contention that there were genuine business reasons for the redundancy and the second is to ensure that there is no base motive underpinning the decision to dismiss for redundancy such as, for instance, a conviction on the part of the employer that the business would be better off without the incumbent of the role to be made redundant. Attached as it were to that last consideration is an examination of whether there is evidence of mixed motives. [30] Dealing first with the underlying genuineness of the decision to declare redundancy, it is appropriate to remember Chief Judge Colgans observations in Michael Rittson-Thomas t/a Totara Hills Farm v Hamish Davidson [2013] NZEmpC 39 (Rittson-Thomas) wherein His Honour had this to say: It will be insufficient under s.103A, where an employer is challenged to justify a dismissal or disadvantage in employment, for the employer to say that this was a genuine business decision and the Court (or Authority) is not entitled to enquire into the merits of it. The Court (or Authority) will need to do so to determine whether the decision, and how it was reached, were what a fair and reasonable employer would/could have done in all the relevant circumstances. Procedure [67] An employer who is proposing to restructure its business or any part of its business must not only have genuine reasons for undertaking the restructuring, but must follow a fair procedure in respect of affected employees. [68] Provisions of the Act govern questions of justification for dismissal and, in particular, dismissal by reason of redundancy. Section 4 of the Act addresses the requirement for parties to the employment relationship to deal with each other in good faith. Section 4(1A)(c) in particular is relevant to a redundancy situation and requires an employer who is proposing to make a decision that will, or is likely to, have an adverse effect on the continuation of employment of an employee to provide to the employee affected: (i) access to information, relevant to the continuation of the employees employment, about the decision; and (ii) an opportunity to comment on the information to their employer before a decision is made. s4 (1A)(i) and (ii). [69] In a redundancy situation a fair and reasonable employer must, if challenged, be able to establish that he or she has complied with the statutory obligations of good faith dealing in s4 of the Act. His Honour Chief Judge Colgan in Simpsons Farms Limited v Aberhart2 [2006] ERNZ 825,842 noted that this compliance with good faith dealing includes consultation as the fair and reasonable employer will comply with the law Turning to process. Section 103A of the Employment Relations Act 2000 (the Act) requires an employer must, before dismissing an employee, raise its concerns, allow the employee an opportunity to respond and consider the response with an open mind (ss.103A(3)(b) to (d) of the Act). That these requirements, in the form of a consultation process, remain in the redundancy setting is expressly confirmed by s.4(1a)(c) of the Act and the relationship between the two sections is confirmed by the Court in Jinkinson v. Oceanagold (NZ) Ltd [2010] NZEmpC 102. The Court of Appeal in Aoraki Corp v McGavin [1998] 1 ERNZ 601 stated at page 619, the following proposition. What is crucial, however, is to recognise that the remedy can relate only to the particular wrong, to what has been lost or suffered as a result of the particular breach or failure. In this case the personal grievance is not that the employment was terminated, but that the manner of implementation of the decision to terminate was procedurally unfair. - Consultation In Simpsons Farms Limited v Aberhart6 Simpsons Farms Ltd and Aberhart [2006] ERNZ 825   the Chief Judge noted Consultation does not require agreement between the parties however genuine efforts must be made to reasonably accommodate the views of the employees and there should be a tendency to achieve consensus7 . - [37] Section s.4(1A)(c) of the Employment Relations Act places an obligation on an employer proposing to make a decision that may affect an employees ongoing employment, to provide to a potentially affected employee access to information relevant to its decision and an opportunity to comment on that information before making a final decision. [38] Further, where an employer is contemplating dismissal on grounds of redundancy, good faith requires an employer to consult with a potentially affected employee about the possibility of redundancy5 . Simpsons Farms Ltd and Aberhart [2006] ERNZ 825 [39] The requirements for an employer to provide information, and to act in good faith also assists the Authority in its assessment as to whether the employers decision was what a fair and reasonable employer could have done in all the circumstances. - Provide information [55] It is a truism that employers in a restructuring environment are obligated to provide affected staff with access to information, relevant to the continuation of the employees employment, about the decision; and à ¢Ã¢â€š ¬Ã‚ ¦ an opportunity to comment on the information to their employer before the decision is made: s.4(1A)(c) of the Act. [56] Those precepts were emphasised in a decision of the Full Bench of the Employment Court in Vice Chancellor of Massey University v. Martin Wrigley Ors [2011] NZEmpC 37 (Wrigley). [57] In para.[48] of the judgment, the Court says: When a business is restructured, the employer will, in most cases, have almost total power over the outcome. To the extent that affected employees may influence the employers final decision, they can do so only if they have knowledge and understanding of the relevant issues and a real opportunity to express their thoughts about those issues. In this sense, knowledge is the key to giving employees some measure of power to reduce the otherwise overwhelming inequality of power in favour of the employer. [58] And again at para.[55] of the judgment, the Court says: The purpose of s.4(1A)(c) is to be found in para.(ii) which requires the employer to give the employees an opportunity to comment before the decision is made. That opportunity must be real and not limited by the extent of the information made available by the employer. [emphasis added] Consultation [77] The law on consultation in a redundancy setting is well settled. An employer contemplating a restructure which affects an employee or employees must engage with those employees in good faith such that the employee has a straightforward opportunity to engage in the process, be aware of the issues driving the employer, and, amongst other things, suggest alternatives that the employer may not have thought of or may not have fully worked up. - Good faith [38] Even if a redundancy is decided upon for genuine business reasons if the justification for the redundancy is challenged by an employee the employer must be able to prove to the Authority that the decision made and how it was reached was what a fair and reasonable employer could have done in the circumstances that existed at the time3 Section 103A Employment Relations Act 2000.. In applying the tests under s.103A of the Employment Relations Act 2000 (the Act), Chief Judge Colgan of the Employment Court has recently explained that: [54] It will be insufficient under section 103A, where an employer is challenged to justify a dismissal or disadvantage in employment, for the employer simply to say that this was a genuine business decision and the Court (or the Authority) is not entitled to enquire into the merits of it. The Court (or the Authority) will need to do so to determine whether the decision, and how it was reached, were what a fair and reasonable employer would/could have done in all the relevant circumstances. 4 Michael Rittson-Thomas trading as Totara Hills Farm v Davidson [2013] NZEmpC 39 [39] Genuine consultation with an affected employee is required. Remedies Section 123(1)(a) to (c) of the Act provides as follows: (1) Where the Authority or the court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employees former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance: (c) the payment to the employee of compensation by the employees employer, including compensation for- (i) humiliation, loss of dignity, and injury to the feelings of the employee; and (ii) loss of any benefit, whether or not of a monetary kind, which the employee might reasonably have been expected to obtain if the personal grievance had not arisen. Contribution Section 124 of the Act, requires that where the Authority has determined that an employee has a personal grievance, the Authority must consider the extent to which the actions of the employee contributed towards the situation that gave rise to the personal grievance and remedies are to be withheld or reduced where there has been contribution or fault on the part of the employee. - Loss of rem Section 123(1)(b) provides that an employee dismissed unjustifiably may be reimbursed a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance. In Aoraki Corporation v McGavin9 the Court of Appeal held that in the absence of a contractual stipulation, the general practice as to the period of notice does not support fixing notice in excess of one month. If a redundancy is found to be genuine as I have in this matter, and a personal grievance for unjustified dismissal is upheld on grounds of procedural unfairness, remedies are confined to the distress caused by the way the redundancy was handled, rather than the loss of the job itself - Reimbursement of Lost Wages [52] Employees are under a duty to mitigate their loss and in this case there was insufficient evidence presented to the Authority to support the fact that Ms Whaanga had made a real effort to mitigate her loss. As Chief Judge Colgan made clear in Allen v Transpacific Industries Group Ltd (t/a Mediasmart Ltd) (2009) 6 NZELR 530, par 78: à ¢Ã¢â€š ¬Ã‚ ¦ dismissed employees are not only under an obligation to mitigate loss but to establish this in evidence if called upon. This will require, in practice, a detailed account of efforts made to obtain employment including dates, places, names, copies of correspondence and the like. [53] Ms Whaanga has not established evidence to support her efforts to mitigate her loss and in these circumstances I find that there is no compensation for lost wages is payable to her.

Portrayal of London in the Opening of Bleak House Essay example -- ess

The first paragraph of Bleak House alone gives the reader an instant idea of how Charles Dickens saw London to be around 1842. He has portrayed the streets to be muddy and extremely polluted, "As much mud in the streets as if the waters had but newly retired from the face of the earth." Here Dickens has used a slight amount of Hyperbole to emphasize his point. He also uses personification when referring to the snow flakes, saying that they have gone into mourning, ?smoke lowering down from the chimneypots, making a soft black drizzle, with flakes of soot in it as big as full-grown snowflakes?gone into mourning, one might imagine, for the death of the sun.? the contrast of the imagery he is using helps for the reader to imagine the scene, the contrast of the black flakes of soot and the white snow flakes, in my opinion could represent good and evil, and the idea that London is so evil and polluted that their snow flakes are no longer white, they have turned black. He also makes refere nce to the cold dark weather they are having at the time, referring to it as ?the death of the sun?. Readers may see this as Pathetic Fallacy as he refers to the foot passengers on the streets of London as having ?A general infection of ill temper? giving the impression that the cold harsh weather and surroundings make people more irritable but also reflecting the peoples ill temperedness in the weather. ?Fog everywhere. Fog up the river, where it flows among green aits and meadows, fog down the river?. Repetition is used a lot here to have impact. The fact that fog is repeated so many times gives the reader the impression that there is an overwhelming amount of fog, and to give the reader the sense that there is no way they can escape the fog, fog ... ...tected from the fog, as if he is like the eye of the storm, ?softly fenced in?. The fog and misery of London which is portrayed in the opening of Bleak House seems to centre on Lincoln?s Inn Hall and the Lord Chancellor, Dickens has given the reader the impression that the government is to blame and that they are just for show and don?t do anything to help, just put on a show for the people of London, as they are purely ceremonial, ?Running their goat-hair and horsehair warded heads against walls of words and making a pretence of equality with serious faces.? Dickens is making the statement that the Government seems to only have time for the rich and successful apposed to the poor and that they do not view society equally, but they try to pretend they do. This gives the reader the impression that London is very much based on classes according to the government.

Essay --

There are six-teen Sovereign State; Queen Elizabeth II is the queen of these states. These states are known as the Commonwealth Realms. During the toughest times Queen Elizabeth II helped and lead people through war and depression. She has made a positive impact on the UK and people world-wide. Queen Elizabeth was born on April 21, 1926 at 2:20 am in London. She grew up in London. Her parents took over royal lodge as their country home, when she was 6. There she had her own little small house. After that her grandfather died, which made King Edward VIII, the eldest son, the king. Before the year was over King Edward VIII gave up the throne to be with the woman he loved. Her dad, King George VI, became King and she was first in line to the throne. While her dad was king she got a good education. Queen Elizabeth and her sister, Princess Margaret, were homeschooled. Together they learned history, language, literature, music, mathematics, geography. She speaks fluent French. Elizabeth was privately tutored in constitutional history from Henry Marten and Vice- Provost of Eton College....

Wind Power Essay -- Energy Physics Essays

Wind Power In the society we live in today, many people have the misconception that there is a never-ending supply of energy available for our wasteful use. However, people must realize that the fossil fuels that we have come to depend on for our energy are quickly being depleted. There are several renewable energy resources, most of which come from the sun, that are available for our use. One of these abundant energy resources is the wind. By taking advantage of the wind, and harnessing its power to supply useful energy, people can ensure that they will have energy for as long as the sun continues to heat the earth. The wind is a direct product of the sun. The earth receives 1.74 x 10^17 Watts of power (per hour) from the sun (Tour 1). The sun causes differential heating of earth’s surface and atmosphere, inducing vertical and horizontal air currents that are affected by the rotation of the earth and the contours of the land (Ristinen 133). As the land is heated, the warm air near the surface rises into the cooler atmosphere, causing a pressure gradient between the surface and the upper atmosphere. The lower pressure near the surface causes an inward current of air (wind) from the higher-pressure surroundings. A great example of this is the Land Sea Breeze Cycle, which we feel when we step on the beach (Tour 1). As the warmer air rises into the atmosphere, the cooler air over the ocean rushes onto the shore, and this is the refreshing sea breeze we have come to expect whenever we step on the beach. About one to two percent of the energy that the earth receives from the sun is converted to wind energy (Tour 1). The amount of energy that the wind transfers to the rotors of a wind turbine depends on the dens... ... long as the sun continues to heat the earth. It causes no pollution and has little effect on the environment. Therefore, due to the availability and advantages of wind power, the decreasing cost of wind power, and the growing interest in renewable energy resources, one can be assured that wind power will soon become a feasible energy source in the United States, as well as throughout the world. Works Cited Ristinen, Robert A., Jack J. Kraushaar.. Energy and the Environment. New York: John Wiley and Sons, Inc., 1999. Urone, Paul P.. College Physics: Second Edition. California: Brooks/Cole, 2001. Guided Tour on Wind Energy. 16 Oct. 2002 . The National Wind Technology Center (NWTC). 16 Oct. 2002 . Wind Energy. 16 Oct. 2002 .

International Relations Glossary

A form of political organization under which a relatively homogeneous people Inhabits a sovereign state Sovereignty Denotes a single, supreme political decision-making authority. In early modern Europe the Monarch was the Sovereign. In modern states sovereignty tends to lie with the executive arm of government. A controversial term, sovereignty relies on authority, not power. That is, the sovereign claims the right or authority to decide matters of interest to the state, even if it cannot control everything that occurs within its territory. MedievalOf or relating to the period of European history from about A. D. 500 to about 1500. Feudalism Feudalism was the medieval model of government predating the birth of the modern nation-state. Feudal society is a military hierarchy in which a ruler or lord offers mounted fighters a fief (medieval beneficial), a unit of land to control in exchange for a military service. The individual who accepted this land became a vassal, and the man who gr anted the land become known as his liege or his lord. Individualism A social theory advocating the liberty, rights or Independent action of the Individual.Liberalism A political theory that prizes Individual freedom. It believes Individuals should be free to do as they please, without the interference of others. So long as they don not harm or limit the freedom of others. In IR it has tended to focus on the development of international law, the spread of democracy and the expansion of free trade, in which Emmanuel Kant is one of the leading theorists. Communitarian's A political theory that emphasizes individuals' attachments to the community in which they grew up.The communities in which we grow up are thought to be the resource of moral values. Communitarian's adopts the ethical position that a person's moral obligations are always first and foremost members of our own community and that they cannot be extended beyond that communities boundaries. Liberal Internationalism Woodrow W ilson, thus sometimes being referred to as Williamson'. Wilson suggested that the cause of instability and conflict was the â€Å"undemocratic nature of international politics†, particularly in regards to foreign policy and the balance of power.Having identified the cause of conflict, it is possible to suggest that the aims of Iberia internationalism are expanding democratic practices and free trade, defending democracy from its rivals while protecting and promoting human rights. Harmony of interests The idealist concept of the harmony of interests is based on the notion that human beings can rationally recognize that they have some interests in common, and that cooperation is therefore possible. Democratic Peace Theory The theory that democratic states do not fight war against each other.A good amount of empirical evidence has been collected indicating that war has never been fought teen two stable democracies. Closely associated with Michael Doyle. International Institution s International institutions be defined as relatively stable sets of related constitutive, regulative, and procedural norms and rules that pertain to the international system, the actors in the system (including states as well as non-state entities), and their activities. Interdependence The mutual dependence developed among states by utilizing new technologies and through the growth of international cross-border commerce. Communication and travel.A term used before globalization became popular. Anarchy The absence of rule or government. In international relations it does not mean disorder and chaos. Power Classically defined as the ability to get an actor to do what they would otherwise not do. This is power in the sense of domination or power over others. But power can also be thought of in terms of capability or power to do or act. Realist theories hold the belief that international relations are a constant struggle for power, usually defined by material terms. National Interest A notoriously plastic term that refers to the states foreign policy aims.The national interest is said to be the same regardless of the government in power, but different governments will hold different ideological agendas and priorities, meaning that national interest will change accordingly. Refers to a mechanism that operates to prevent one state from achieving such a preponderance of power that it is in a position to lay down and enforce the law over all such others. Central to realist theories, it can be viewed as the deliberate product of foreign policies, or as the unintended consequence of several states seeking to protect themselves.In any case, states align with others to counter-balance the growth in another's power, seeking to preserve international order and a degree of equilibrium. International Community vs. international system An international system exists when two or more states have sufficient contact with each other that they become conscious of existing in the same environment and conscious of the need to consider other states interests and capabilities in the pursuit of their own interests.Globalization The stretching and intensification of social and economic relations across the globe dad possible by new communication and computer technologies and advances in transport. It is thought by many to inaugurate an unprecedented degree of global interconnectedness, although some deny its novelty by pointing to similar levels of interdependence in the late nineteenth and early twentieth century. Still others criticism globalization for being a vehicle of inalienable theory. Non-state Actor An actor not part of the official state or governmental apparatuses.Non-governmental organizations Specializes not-for-profit non-state actors that seek to raise consciousness and hanged the activities of governments and populations on a variety of issues. Nooks have proliferated over the last century, advocating and lobbying on issues such as human rights, landmines, poverty, animal rights and the environment, among many others. Civil Society Simply refers to those who act in international politics but are not a member or representative of any particular state. Social Movements. Denotes some kind of collective action, driven by a particular set of social concerns and emerging from society at large.Modernity A modern way of thinking, working etc. The schism between domestic and international politics in international relations. The clash of civilizations The cause of conflict in the 21st century will not be political or economic, but cultural. Different cultures have different ways of organizing society and this will be the cause of conflict. He cites Western, Slavic Orthodox, Hindu, Islamic, Japanese, Latin America, African and Confucian as the main civilizations. Cosmopolitan Democracy Cosmopolitan democracy is a political theory which explores the application of norms and values of democracy at different levels, from global to local .It is about what global governance of the people, by the people, for the people can mean. Asian Century The dominant role that could be played by Asia in the 21st century, because of its growing economic clout and global demographic trends. â€Å"Asian Century† as a theme, has gained credence following the rapid economic growth of China and India since the asses, which has propelled them to the top ranks of the world's biggest economies Mercantilism The main economic system used during the sixteenth to eighteenth centuries.The main goal was to increase a nation's wealth by imposing government regulation uncovering all of the nation's commercial interests. It was believed that national strength could be maximized by limiting imports via tariffs and maximizing exports. North-south gap The North-South divide is broadly considered a socio-economic and political divide. Generally, definitions of the Global North include the United States, Canada, developed parts of Europe, and Ea st Asia. The Global South is made up of Africa, Latin America, and developing Asia including the Middle East.Unilateralism An approach to economics and social studies in which control of economic factors is hefted from the public sector to the private sector. Drawing upon principles of neoclassical economics, unilateralism suggests that governments reduce deficit spending, limit subsidies, reform tax law to broaden the tax base, remove fixed exchange rates, open up markets to trade by limiting protectionism, privative state- run businesses, allow private property and back deregulation.Focuses on the interplay between political power and economic forces from the national through to the international and global level, whilst also taking account Based on liberal theories of economics, 1944 saw the meeting of 44 states at Breton Woods, where the new economic order was constructed and the multilateral institutions of the WEB, MIFF and GAIT were established.Hegemony Domination by a great power and its allies Washington Consensus This is the set of 10 policies that the US government and the international financial institutions based in the US capital believed were necessary elements of â€Å"first stage policy reform† that all countries should adopt to increase economic growth. At its heart is an emphasis on the importance of macroeconomic stability and integration onto the international economy – in other words a neo-liberal view of globalization.Rationalization The process of dividing an area into smaller segments called regions. One of the more obvious examples of rationalization is the division of a nation into states or provinces. 1951 Refugee Convention The 1951 Convention relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. UN Declaration of Human Rights (1948) The Universal Declaration of Human Rights is an international document that states Asia rights and f undamental freedoms to which all human beings are entitled.Negative Rights and Positive Rights Positive Rights are rights that can only be enjoyed through positive intervention on the part of government, often linked to the idea of freedom to', whilst negative rights are rights that are enjoyed by virtue of the inactivity of others, particularly government, and are often seen as freedoms from'. Resurrections The application of values and theories drawn from European culture, to other groups or peoples, implying a biased or distorted viewpoint.

Gender Development

Gender shapes the lives of all people in all societies. The term ‘gender’ refers to the social construction of female and male identity. It can be defined as more than biological differences between men and women. It includes the ways which those differences, whether real or perceived, have been valued, used and relied upon to classify women and men and to assign roles and expectations to them (http://en. wikipedia. org/wiki/Gender_and_development). Gender influences our lives, the schooling we receive, the social roles we play, and the power and the authority we command. Population processes – where women and men live, how they bear and rear children, and how they die – are shaped by gender as well (Riley, 1997). Several theories of gender development have generated most of the research during the past ten years: social learning theory, cognitive-development theory, and gender schema theory. Proponents of social learning theory believe that parents, as distributors of reinforcement, reinforce appropriate gender role behaviors. By their choice of toys, by urging boy or girl behavior, parents encourage their children to engage in appropriate gender-related behavior. Thus children are reinforced or punished for different kinds of behavior. They also learn appropriate gender behavior from other male or female models such as those in television shows. A second explanation, quite popular today, is found in cognitive-development theory, which derives from Kohlberg’s speculations about gender development. It is known that from Piaget’s work that children engage in symbolic thinking by about 2 years of age. Using this ability, Kohlberg believes, they begin the process of acquiring gender-appropriate behavior. A newer, and different, cognitive explanation is called gender schema theory. A schema is a mental blueprint for organizing information, and children develop gender identity and formulate an appropriate gender role. Consequently, children develop an integrated schema or picture, of what gender is and should be (Elliott et al. , 1996). Gender and Power Gender refers to the different ways men and women play society, and to the relative power they wield. While gender is expressed differently in different societies, in no society do men and women perform equal roles or hold equal positions of power. Power is basic fabric of society and is possessed in varying degrees by social actors in diverse social categories. Power becomes abusive and exploitive only when independence and individuality of a person or group of people becomes so dominant that freedom for the other is compromised. Women and children have open been on the abusive sides of power. Some causes that are often referred to are: the greater the physical strength that men tend to have creates the imbalance of power between men and women resulting from social structures and historical practices in regard to finances, education, roles of authority and decision making; the abuse of power by men and the failure of cultural pressures to prevent such abuse; and distorted view the sexuality and the objectification of the female. Max Weber in his ‘Essays in Sociology’ defined power as the likelihood a person may achieve personal ends despite possible resistance from others. Since this definition views power as coercive, Weber also considered ways in which power can be achieved through justice. Authority, he contented, is power which people determine to be legitimate rather than coercive. As a group, women are at a distinct advantage when considering both power and authority. Several factors act as determinants of the amount of power a person holds or can use in his/her relations with others: status resources, experience, and self-confidence. Males and females traditionally have had differing amounts of power at their disposal. By virtue of t6he male’s greater ascribed status in society, men have more legitimate power based on rank or position than do women. The serious social issue today is the relative inequities in social power between men and women. The issue of women’s power, relative to men, is not merely academic. Gender differences in power have real consequences for women. For example, although women have made significant gains in the workplace, with more women working than in the past and women possessing approximately a third of all management positions, women continue to experience wage discrimination, be excluded from the most powerful executive positions, advance more slowly in their careers, and experience fewer benefits from obtaining education or work experience, and are included in fewer networks and exert less authority (Colwill; Lyness and Thompson, 1997) than men in similar positions. A number of researchers have linked career advancement and access to benefits and resources within organizations to an effective use of power. An understanding of women’s power, relative to men, is therefore essential to overcoming women’s disadvantage in the workplace and other domains (http://www. find articles. com/p/articles/mi m0341/ is 1 55/ai 54831711). Gender and Education The past decade has witnessed a significant increase in the importance accorded to education, with both instrumental as well as intrinsic arguments made for increasing financial investment and policy attention to education provision. Investing in education is seen as one of the fundamental ways in which nation states and their citizens can move toward long-term development goals and improve both social and economic standards of living. The education of women is seen as providing the key to securing intergenerational transfers of knowledge, and providing the substance of long-term gender equality and social change. Although significant gains have been made in women’s education as a result of global advocacy, more often than not the gains are fragile, vulnerable to changes in economic and social environments, and lagging behind in male rates of enrolment and achievement. Achievements are particularly visible in the primary education sector, whereas gaps are still large in the secondary and tertiary sectors (unrsid. org/inrisd/website/nsf). Schools also reinforce gendered social roles. Researchers have documented the differential treatment accorded males and females in the classrooms that reinforces a sense of inferiority and lack of initiative among female students (Sadker and Sadker, 1988). Boys are far more likely to be given specific information that guides improvement of their performance (Boggiano and Barrett, 1991).

Case Study Toyota crisis Essay

Organizational Crisis negatively effect organization’s name and image, as well as adversely impact employee by instilling doubt, insecurity and distrust (Tahmicioglu, 2010). Employees are directly effected by the crisis, as they are the primary stakeholders (Obston, 2014) and brand ambassadors of the company. Thus, to ensure wellbeing of employees, especially in time of catastrophe, they should be well informed and fostered under the guidance of company’s leaders. Leaders at Toyota should take an immediate action; start with early internal crisis communication, take accountability and show their commitment to resolving the crisis. Male (2004) suggests, being proactive and transparent lessen doubt and distress among employees. It will be beneficial if a live talk is set up with the employees. Live podcast will personalize the message, and will allow employees to directly hear compassion and empathy in the leader’s voice. Establishing an active feedback loop is also very effective (Miller, 2014), an online forum on company’s intranet will be a great way to facilitate two-way dialogues between employees and executives. The forum will be pivotal in giving direct feedback to employees’ questions and concerns, and for consistently providing updated information. Along with starting communication, hotlines dedicated for crisis should be provided as part of employee assistance program; employees should be encouraged to actively use the services to get professional help they need for dealing with crisis. Lack of immediate dialogue leads to speculation (Miller, 2014), and when the magnitude of the crisis is as big as Toyota’s recall, consistent media scrutiny and amplification of negative news can further fuel anxiety and uncertainty among employees (Cole, 2011). Therefore, its imperative leaders eradicate uncertainty by giving timely crisis communication that precedes external news and provide continuing support to employees. An early two-way dialogue is a good start to lessen the chaos among distressed employees. However, in addition to continuing practice of honest internal communication, for the long run, leaders will need to establish processes specific to employees’ welfare to restore lost trust.  Organizational strategy needs to improve to rectify behaviors that effected employees’ welfare in past. Toyota’s work philosophy which Liker (2004) described as â€Å"The Toyota way,† was known for continuous improvement and people development; however, aggressive focus on rapid growth (Cole, 2011) resulted in detrimental practices, such as, reward system based on cost control versus quality control, poor training, declining working conditions and work overload (Sullivan, 2010; McNeill, 2013; Cole, 2011). These practices were not only damaging to employees trust, but also clearly violated psychological contract (Rousseau, 1995) of Toyota employees. To rebuild eroded trust caused by the violation of contract, leaders need to validate employees wellbeing is not compromised again. Gillespie and Dietz (2012) recommend implementing a strategy that will safeguard against future untrustworthy actions. This can be done by articulating and enacting a system instilled with high ethical standard, clearly communicated processes and better working conditions. Providing flexible working hours, manageable workload and regular training programs will prove leaders mean well; consistently incorporating employees voice will assure their role is imperative in recovery of company image. Lastly, proactively engaging in regular evaluation of processes will result in improved performance and ultimately recapturing the reputation. References: 1. Cole, R. E. (2011). What Really Happened to Toyota. MIT Sloan Management Review – The New Business of Innovation. 2. Gillespie, N., & Dietz, G. (2012). The recovery of trust: Case studies of organisational failures and trust repair. Institute of Business Ethics: London. 3. John, S. (2010). A think Piece: How HR caused Toyota to Crash. Retrieved from http://www.ere.net 4. Liker, J. (2004). The Toyota way 14 Management Principles from the World’s Greatest Manufacturer. McGraw-Hill 5. Male, B. (2010). How to handle a product recall. Retrieved from http://www.businessinsider.com 6. McNeill, D. (2013). Cover-up: Toyota and Quality Control. The Asia Pacific Journal, Vol 11, Issue 36, No. 1, 7. Miller, J. (2014). 4 Tips to help leaders communicate during a crisis. Retrieve from http://smartblogs.com 8. Obston, A. (2014). 5 ways to communicate with employees during a crisis. Retrieved from http://www.ragan.com 9. Tahmicioglu, E. (2010). Surviving your company’s mistake. Retrieved from http://www.nbcnews.com 10. Rousseau, D. (1995). The psychological contract: Violations and Modifications. The Organizational Behavior Reader. 8th ed.