Term Paper Writing Help

Research project Writing Help Research project Writing Help Research project Writing Help As a school or college understudy, you need to finish composing assignments of various courses in financial aspects, science, innovation, the board, etc.â Every mentor has his own guidelines and directions for research paper writing. However, on the off chance that you are allocated to compose an abstract research paper, for instance, the principal thing you ought to recollect is that your paper ought to be centered around a particular text.â Your errand is to lead an examination and discover what the pundits state about the content you have picked and the writer of it.â The fundamental reason for research paper composing is to lead an exploration and discover supporting data to demonstrate your suppositions and ideas.â While composing a scholarly research project, you should utilize roughly 10 sources notwithstanding essential text.â Nevertheless, the quantity of auxiliary sources relies upon research paper theme and the prerequisites of your tutor.â Once you have gath ered every single vital source, you have to compose a writing audit. While composing a research project body, you ought to examine and break down the topic.â Keep as a top priority that investigation is anything but an outline of the fundamental points.â You ought to incorporate assessment of various writers and incorporate data from pertinent examinations and experiments.â If you are composing a research paper on artistic content, you ought to analyze the content and find fascinating focuses for discussion.â Most of the coaches lean toward use of MLA composing and referencing style.â While composing a research project, you should refer to the entirety of the sources utilized and refered to for research paper writing.â Make sure to follow the necessary reference format.â Include works refered to page toward the finish of the paper.â Works refered to rundown ought to incorporate the entirety of the sources refered to in term paper.â Do not overlook that the entirety of the sources ought to be organized in sequential request. Research paper Writing Help A few hints on research paper position: It ought to have one-inch edges on all sides. Sections must be indented a large portion of an inch. Research project ought to be twofold divided. It ought to incorporate citations, notes, and the rundown of works refered to. The cover sheet isn't essential for scholastic research paper. Type your name, your teacher's name, the course name and number, and the date at the highest point of the principal page. Research project Writing Service On the off chance that you don't know how to begin composing your research paper, you may approach our scholars for help and we will compose an amazing research paper for you.â to compose a decent research project on any theme and of any scholastic level.â Do not stop for a second to put in a request and you will be extremely intrigued with the high caliber of our composing administrations!

Extremely Disturbing Accident Essay

There was an incredibly upsetting mishap several years prior. I will always be unable to overlook that scene which made Daniel lost his words and made him remain in the obscurity for so long. Daniel was a brilliant man who thought about his family more than everything else. He had an exquisite spouse who was called Mary and between them, he had the most charming little girl. I have never observed such a mindful and cherishing family who knows to take care about their neighbors too. They were particularly kind to me who was living nearby, old and alone. They realized I had no family members so they regularly welcomed me at supper and on the exceptional events, for example, Christmas and Birthdays. They viewed me as an individual from the family. We used to sing each night and, goodness, I recall, the family was exceptionally enamored with discussing sonnets. In this way, we had this gathering where all needed to present most loved sonnets all the time. Daniel used to compose the sonnets without anyone else and the sonnets were consistently about adoration in the family and each time, we were contacted and dazzled by high characteristics of them. In any case, the satisfaction didn't keep going long. On Daniel’s 40th Birthday, Mary and her little girl, Kate, and I planed to astound him by taking a birthday cake and a great deal of pleasant food to impart to his companions to where Daniel was working. Regardless of the way that Daniel was furious when we once visited quite a while prior, he said the spot is excessively hazardous, we were taking food to where Daniel was working. Having recollected about what he stated, he was correct; He did a great deal of physical works for working up the structures and where he worked was risky surely. Kate was singing, energized with delights, she couldn’t hold back to see her dad’s grin at her little-hand made birthday card. She was running down the slope and simultaneously, I recently understood that she isn't protected any more drawn out at that separation. Mary and I were pursuing her, yelling to stop, yet it was past the point of no return. Unintentionally, one of the laborers dropped a colossal hard wooden material from high floor of the structure, and Mary was hit by it so hard that even before the emergency vehicle came to support her, she was at that point gone to the next world. Daniel thought her demise was his flaw and he quit the place of employment. He acted like a crazy individual and individuals began to keep away from him, even his better half quit any pretense of attempting to turn him back to ordinary. Finally, they got separated in barely any months. I didn’t see Daniel for a couple of months around his home, and afterward I discovered him in his nursery. I asked him whether he can finally relax and he generally gestured at my inquiries. I saw he turned into the individual I used to know, the individual before confronted his daughter’s demise, however I realized something wasn't right. He hushed up, excessively tranquil. His eyes were in every case loaded with distress and made my heart broke. They helped me to remember Mary who was gone some time in the past. I put forth a valiant effort to make him to talk once more, not out of pity, yet I believed I am the one relative left to deal with him. He barely got out from his room; it was so difficult to make him to coexist with individuals, to get mingled once more. I figured it is difficult to cause him to talk again except if Mary returns to him. At some point, I have prevailing to take him to the verse club where he used to love to proceed to tune in to the sonnets. I thought this meeting was the last possibility I have and played to God frantically. That, that was a marvel; he was listening the sonnets unobtrusively and abruptly, he held up. Sooner or later he began to mutter something and soon he made an ideal sound. I was solidified, alert. The individuals around him tuned in to him. He found the music of discourse which was disguised in this heart profoundly for quite a while. ‘When he is done, before the adulation, we watched the flower’s quiet. A thrush sings and the daffodils are flame†¦Ã¢â‚¬ ¦Ã¢â‚¬â„¢

Beginners Guide to Employment Law

Beginner’s Guide to Employment Law As an employer, employment law is significant for you because it can be used as a mediation tool for your business and for your employee. In a way, both of you are being protected by employment law.So what is employment law? Employment law governs over the duties and rights between employers and employees.Typically referred to as labor law, these rules were mainly created to make sure that employees are safe and treated correctly. Nevertheless, the rules are also there to protect employers’ interests too.Employment law is based on state and federal constitutions, administrative rules, legislation, and court opinions. In addition, particular employer and employee relationships can be governed by internal contracts. © Shutterstock | Rawpixel.comIn this article, we will inform you of the basics of employment law for beginners like you. It will begin with your obligations as an employer, and then delve into the rights of your employees. Finally, we offer valuable research sources on U.S. employment law, so you can refer to the original legislations, as needed.OBLIGATIONS OF THE EMPLOYERAs an employer, you have to abide by specific laws. You have to guarantee that you stick to the letter of the law, especially when it comes to:allowing your employees privacy;establishing a safe work setting;paying fair wages; andsteering clear of harassment and discrimination.Employment law was set up to ensure employee protection. However, when you follow the rules, you also protect yourself as an employer and your company. If you do not follow these rules, you would be making yourself and your business vulnerable to complaints and lawsuits.Age DiscriminationUnder the Age Discrimination in Employment Act or ADEA, you cannot discriminate in any shape, way, or form against job applicants or employees who are older than 40 years old just because of their age. Hence, as an employer, do not use a person’s age or nearness to retirement when you make a decision on hiring, paying, firing, promoting, or dispensing benefits.For an employee to receive a claim on age discrimination, he or she must prove that he or she was over 40; was affected negatively by the action of the employer; and that age was a determining variable for the action of the employment. However, there is no cause for action for what they call reverse age discrimination. This means that employees who are below 40 years old cannot sue their employer if they made a decision to favor an employee older than 40 years old.Disability DiscriminationFighting disability discrimination is captured by the Americans with Disabilities Act or the ADA. The ADA disallows job discrimination against people who are qualified but have a disability. Th is pertains to their hiring, compensating, terminating, promoting, job training, as well as other employment privileges, conditions, or terms. These people are described as individuals who can accomplish their essential functions with or without realistic adjustments. Note that addictions to alcohol and/or drugs as well as having communicable diseases are not disabilities.Thus, as an employer, do not reject applicants immediately because you feel that their disability would inhibit them from performing a task well. Whenever you are going through the hiring process, stick to the questions about the ability of the applicant to perform the important features of the job. Do not ask the applicant questions that would need him or her to divulge their disability. As an employer, discuss with your human resources how to establish sensible accommodations for any disabled employee. If an employee asks for an accommodation due to their disability, you must consider and/or implement it. The cav eat is that the accommodation must not necessitate excessive hardships on your business operations.What are these reasonable accommodations? They could be scheduling, offering auxiliary services and aids, reassigning jobs, modifying equipment, or allowing for accessible facilities. Excessive hardships could are those that require substantial expenses or challenges on your business.Family LeaveBased on the Family and Medical Leave Act or FMLA, eligible employees who have had at least a year of service in your company can take a maximum of 12 weeks of unpaid but job-protected time off. This applies to the birth of a child; the adoption of a child; the care of themselves, a sick child, spouse, or parent with a serious condition.Whenever your employee requests for a leave, listen to their requests and check if it meets the criteria of FMLA. Note that your employees do not need to indicate the FMLA to get protection. Talk to your human resources when you hear requests as described previo usly.[slideshare id=59997104doc=whypaidfamilyleavemattersinfographic-160324164128w=640h=330]Gender-Pay DifferencesBased on the Equal Pay Act or EPA, employers cannot pay their female employees less than their male employees for jobs that need the same effort, skill, and responsibility.Being the employer, review your pay scales to find any potential complaints on equal pay. If you have different pays for the same job title, this is acceptable, as long as you can indicate the different levels of duties, responsibilities, educational requirements, and skills.Remember, for proof, as an employer, keep your payroll records for 3 years (at least) and all records for a year (at least) after the termination of an employee. These documents can explain the payment of different wages to employees of different genders, yet in the same company. The records can pertain to job evaluations, wage rates, collective bargaining agreements, and seniority and merit systems.ImmigrationAccording to the Immi gration Reform and Control Act or IRCA, it is not legal for you to employ illegal aliens. You have to verify their workplace eligibility and identification by filling out I-9 Forms. Nevertheless, keep in mind that it is not legal to discriminate against illegal aliens through subpar pay or harassment. Job DiscriminationAside from age and disability discrimination, you are prohibited from discriminating in hiring, paying, or firing based on an individual’s religion, race, sex, or national origin. This stems from the Civil Rights Act of 1964, Title VII.So treat all your applicants and employees the same way. Do not let their religion, race, gender, or other features and characteristics unrelated to job performance affect your assessment of them. Ask for the same from others you supervise. Remember, do not tolerate any type of harassment.Military LeaveIt is illegal for employers to discriminate against employees who are called to do military duty or to volunteer. This is found under the Uniformed Services Employment and Reemployment Rights Act. Hence, whenever reservists come back from their active duty tours for less than 5 years, you should employ them again to their previous jobs or equal jobs.When you have returning reservists, accept them back to their old jobs. Courts usually go with the employees when it comes to disputes of this nature.Minimum Wage/Overtime PayThe country’s main wage law is entitled the Fair Labor Standards Act or FLSA. It establishes the federal minimum wage. Note that other states have even higher minimum wage levels. FLSA requires that employers pay hourly employees overtime pay who work greater than 40 hours in a workweek. The cost is about 1 ½ times their usual rate of pay. It should be considered that teenagers can only work for a limited time and their type of duties are restricted as well.Make sure that you pay your employees greater than the minimum wage. Moreover, pay them overtime, if applicable. Whenever you make major upd ates to the duties of your employees, contact your human resources. Check if this makes them eligible or not for overtime pay.Consider, however, that there are exemptions to the law on minimum wages and overtime pay. These include:administrative, executive, and professional employees (called the white collar exemption);casual babysitters;certain workers in the farm;external sales employees; andseasonal recreational or amusement organizations.Remember that these exemptions can be tricky. You can face minimum wage liabilities if you wrongly classify your employee as exempt or not exempt. If there is a misclassification, for example, of a worker who is exempt but works overtime, you can face overtime liability and be found violating the minimum wage law, if your employee’s hourly rate is less than the minimum wage. Pregnancy DiscriminationPDA or the Pregnancy Discrimination Act disallows discrimination based on childbirth, pregnancy, and connected medical conditions. You cannot rebuf f a job position or a promotion simply because an employee is pregnant, case in point. Specifically, she cannot be fired because of her condition, nor forced to take a leave.You have to regard pregnant employees the same as your other employees according to their capacity or incapacity to work. So if you give light duties for an employee who cannot lift boxes because they have a bad back, do the same for a pregnant employee.Safety in the WorkplaceThe Occupational Safety and Health Act or OSHA needs employers to have a business free from acknowledged hazards. Thus, offer a safe working environment for your employees. Look for and point to conspicuous hazards or possible safety challenges as early as possible.RIGHTS OF THE EMPLOYEEAn employee has particular rights according to labor law. He or she deserves to be treated a certain way, no matter what their religion, gender, race, or sexual identity may be.Ability to File Claims or Complaints without Fear of RetributionEmployees have th e right to file claims or complaints against their employer without fear of retribution or retaliation. This retaliation can be a discipline, a demotion, a salary decrease, a firing, or a job reassignment â€" as long as it is a negative action.Remember that if an employer’s negative action deters an employee from making a reasonable complaint, this is retribution. Federal laws exist to protect employees from retaliation whenever they file claims or complaints. Moreover, state laws also disallow employers from exacting retribution from their employees.Fair SalariesEmployees should be accorded fair salaries â€" this is a given. Beyond the FLSA described previously, which covers minimum wage for particular workers, there are also other laws that protect the rights of employees to adequate pay.The Contract Work Hours and Safety Standards Act: requires overtime standards for almost all federal service contracts, federal supply contracts, and construction contracts that are federally fu nded, greater than USD 100,000The Davis-Bacon and Related Acts: requires that employers pay current wage rates as well as fringe benefits for construction that is financed or assisted federallyThe Service Contract Act: requires that employers pay current wage rates as well as fringe benefits for contracts servicing the federal governmentThe Walsh-Healey Public Contract Acts: requires employers to pay the minimum wage and overtime pay for federal contracts to create or offer the federal government goodsFreedom from Harassment and DiscriminationWe have already generally dealt with the obligations of employers to prevent discrimination (age, disability, pregnancy, etc.) in the workplace. A few more will be discussed here, focused on the more typically probable yet general harassment and discrimination that occur in the workplace.Race. Employees have the right to be free of race discrimination and harassment. They cannot be hired, fired, promoted, compensated, trained, and the like, bas ed on their race. In addition, employees can challenge existing employment policies that inadvertently discriminate against a lopsided percentage of employees due to their race. Also, an employer cannot discriminate against his or her employee just because he or she is in an interracial relationship.It is also illegal to harass people based on their race. Ethnic slurs, racial jokes, and disparaging or distasteful comments based on someone’s race are unlawful. This can create a working environment that is substantially intimidating or hostile. Religion. Similar to other kinds of discrimination, employers cannot hire, fire, or influence the employment terms or conditions based on an employee’s religion. Moreover, an employer has to make reasonable accommodations for particular religious beliefs and practices. That is, unless the accommodation establishes too much hardship on the employer. These hardships may include an employer having to change a job assignment, make room for new dress codes, etc.Sex. Employees have the right to stand against sexual discrimination and harassment. There is sexual discrimination when an employer hires, fires, or generally discriminates against an employee due to their sex. This also covers discrimination based on pregnancy, childbirth, or a connected medical condition. It also applies to discrimination due to perceived or actual sexual orientation (heterosexuality, bisexuality, homosexuality, or asexuality).Note that sexual harassment is also a kind of sex discrimination. If an employee experiences motiveless and unwanted sexual advances from anyone in the office, he or she is a sex discrimination victim. On the same vein, it is illegal for an employer to require that an employee engage in sexual relations as a foundation for decisions on employment or job continuance. Employees can also charge for sex discrimination if the sexual conduct of an employer impedes an employee’s ability to perform his or her job or sets a work e nvironment that is offensive, hostile, or intimidating.PrivacyOf course, employers have the right to monitor and supervise their employees while in the workplace. Employers have a justifiable interest in checking on the productivity levels of their employees, so they can avoid probable liability for the unlawful actions of their employees. So employers can monitor an employee’s use of the phone, transmissions through fax, use of voicemail, use of the internet, and communicating via email. In addition, employers can install surveillance cameras and even test their employees for use of alcohol or drugs. Employers should make known to their employees that they should not expect privacy in these aspects.However, employers need to keep some particular information about an employee private, such as personal characteristics or family matters. Furthermore, employees have the right to not have their personal information disclosed, such as psychiatric, medical, or psychological records.If a n employer, nevertheless, has the suspicion that an employee is doing some illegal activities at work (sexual harassment, theft, or alcohol and drug use), employers must start the investigation into the conduct. Whenever employers investigate their employees, they should use objective standards, delegate investigation to a supervisor not directly involved in the activity nor supervises the employee, keep the investigation results private, and document the investigation completely.Safe Working ConditionsIt is understood that employees have the right to work in safe conditions. Based on the Occupational Safety and Health Act or OSHA, employers have the responsibility to provide a safe and healthful working environment. OSHA guarantees that workplaces are safe and healthful through the provision and enforcement of standards.LINKS TO VALUABLE RESEARCH SOURCES ON U.S. EMPLOYMENT LAWWorking Hours and WagesFair Labor Standards Act: Child Labor Provisions Child Labor Protections (Agricultu ral Work)Fair Labor Standards Act: Child Labor Provisions Child Labor Protections (Nonagricultural Work)Fair Labor Standards Act Minimum Wage and Overtime PayConsumer Credit Protection Act Wage GarnishmentMigrant and Seasonal Agricultural Worker Protection Act Worker Protections in AgricultureFair Labor Standards Act: Section 14(c) Workers with Disabilities for the Work Being PerformedWorkers’ Compensation, Retirement Standards, and Health BenefitsEmployee Retirement Income Security Act Employee Benefit PlansBlack Lung Benefits Act Black Lung CompensationLongshore and Harbor Workers’ Compensation Act Longshore and Harbor Workers’ CompensationDefense Base Act Defense Base CompensationFamily and Medical Leave Act Family and Medical LeaveHealth and Safety StandardsOccupational Safety and Health Act Occupational Safety and HealthMine Safety and Health Act Mine Safety and HealthMigrant and Seasonal Agricultural Worker Protection Act Worker Protections in AgricultureFai r Labor Standards Act: Child Labor Provisions Child Labor Protections (Nonagricultural Work)Fair Labor Standards Act: Child Labor Provisions Child Labor Protections (Agricultural Work)Other Workplace StandardsEmployee Polygraph Protection Act Lie Detector TestsFair Labor Standards Act, Occupational Safety and Health Act and Other Statutes Labor Protections and Welfare ReformLabor-Management Reporting and Disclosure Act Union Officer Elections and Financial ControlsOccupational Safety and Health Act, Surface Transportation Assistance Act and Other Statutes Whistleblower and Retaliation ProtectionsUniformed Services Employment and Reemployment Rights Act Reemployment and Nondiscrimination Rights for Uniformed ServicesWorker Adjustment and Retraining Notification Act Notices for Plant Closings and Mass Layoffs

Liability for murder - Free Essay Example

Sample details Pages: 12 Words: 3591 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Murder Essay Did you like this example? Question 1 Charlie attacks Betty with an ashtray, killing her and incurring prima facie liability for murder. The actus reus of murder is causing death which requires that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act satisfies factual and legal causation. As there are no competing causes of death, these requirements are established and the actus reus of murder is satisfied. Don’t waste time! Our writers will create an original "Liability for murder" essay for you Create order The mens rea of murder is intention to kill or cause GBH.[1] Charlie attacks Betty with the aim of killing her thus establishing the mens rea and completing his liability for murder. Charlie will receive the mandatory life sentence for murder unless liability is reduced to voluntary manslaughter by one of the partial defences: diminished responsibility[2] or provocation.[3] Section 2(1) state that diminished responsibility is available if the defendant was à ¢Ã¢â€š ¬Ã…“suffering from such abnormality of mindà ¢Ã¢â€š ¬Ã‚ ¦as substantially impairs his mental responsibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ for his actions. This abnormality of mind must arise from one the specified causes: arrested or retarded development, inherent causes or induced by disease or injury. Therefore, Charlie must be suffering from an abnormality of mind, defined as à ¢Ã¢â€š ¬Ã…“a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormalà ¢Ã¢â€š ¬Ã‚ .[4] He suffers from moderate learning difficulties, is partially deaf and suffers from a stutter and tic thus the question is whether this renders his state of mind so different to the ordinary personà ¢Ã¢â€š ¬Ã¢â€ž ¢s mind that it amounts to an abnormality. This determination of whether a defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s situation falls within diminished responsibility is a question of fact for the jury who will take into account medical evidence.[5] The jury may take into account Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s disabilities and the impact that they have upon his lifestyle when reaching their decision about his state of mind. The breadth of the phrase à ¢Ã¢â€š ¬Ã‹Å"abnormality of mindà ¢Ã¢â€š ¬Ã¢â€ž ¢ is accepted as conferring immense discretion upon the jury to reach a finding of diminished responsibility in cases which arouse their sympathy and in which they feel that the defendant should benefit from the discretion in sentencing which accompanies a verdict of voluntary manslaughter.[6] A lthough this has been demonstrated in relation to à ¢Ã¢â€š ¬Ã‹Å"mercy killingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the terminally ill[7] and in relation to women who kill abusive partners,[8] it is not certain that the jury will be prompted to sympathy by Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s circumstances. For example, they may feel that his disabilities did not justify his self-imposed reclusive lifestyle and that he merely used them as a shield from the normal vicissitudes of life. If so, the jury could conclude that his state of mind was not sufficiently different from the ordinary person and his defence of diminished responsibility will fail. The level of discretion conferred upon the jury in relation to diminished responsibility mean that it is difficult to predict the likelihood of its success for Charlie. As such, it would be advisable to raise provocation as an alternative basis upon which the conviction for murder could be reduced to voluntary manslaughter. Provocation is defined in section 3 giving rise to a two-stage test. The first stage of the test is subjective and addresses whether the defendant was provoked, by things said or done, to lose self-control. This considers the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s reaction to provocative conduct. Charlie attacked Betty after she had forced her way into his home and shouted abuse. It has been held that this subjective limb requires that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss of control must be both à ¢Ã¢â€š ¬Ã‹Å"sudden and temporaryà ¢Ã¢â€š ¬Ã¢â€ž ¢.[9] Here, Charlie tolerates Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s abuse for a short period of time until he à ¢Ã¢â€š ¬Ã‹Å"suddenly snapsà ¢Ã¢â€š ¬Ã¢â€ž ¢ and grabs an ashtray to attack her. The use of the nearest object to hand as a weapon is indicative of a sudden response to provocative conduct[10] thus Charlie appears to satisfy the first subjective limb of the test of provocation. The second limb of provocation poses the objective question of whether the reasonable man would have been provoked and acted as the defendant did in attacking the victim. This provides a benchmark of the level of self-control expected of reasonable members of society and, historically, placed a brake on the availability of the defence. However, the House of Lords in Smith adopted a liberal approach to the characteristics that are attributed to the reasonable man which, arguably, negated its limiting qualities.[11] In Smith, the House of Lords held that the reasonable man should be given any characteristics of the defendant that affected his ability to exercise self-control. Following this approach, the reasonable man would be 28-year-old man with learning difficulties and some disabilities who leads a reclusive life and who, presumably, shies away from unpleasant situations. The question is then asked whether such a person would have been provoked by Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct. Given that the reasonable man has all of Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics and he was certainl y provoked, it is likely that the answer to this question would be à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ which suggests that the defence of provocation would succeed. However, although Smith is a decision of the House of Lords, it was held to be wrongly decided by the Privy Council in the recent case of Holley.[12] The Privy Council cannot overrule a decision of the House of Lords so Smith should remain authoritative but the Court of Appeal refused to apply it recently, preferring the more restrictive approach in Holley.[13] Therefore, it may be that Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s case will be decided on the basis of the narrower approach advocated by the Privy Council in which the characteristics are only attributed to the reasonable man if they were the subject-matter of the provocation. Here, Betty taunted Charlie using the words à ¢Ã¢â€š ¬Ã‹Å"degenerateà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"idiotà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"retardà ¢Ã¢â€š ¬Ã¢â€ž ¢. Following Holley, only ch aracteristics indicative of low intelligence and mental and moral inferiority will be attributed to the reasonable man which could reduce Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects of a successful plea of provocation. However, as the law in this area is clearly in a state of uncertainty, it may be that the courts would apply the more favourable approach from Smith thus improving Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s chances of avoiding a conviction for murder. However, even if the narrower test were used, it is possible that a jury may decide that a reasonable man with characteristics pertinent to Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s taunts would have lost control and acted as he did in which case his plea of provocation will succeed and reduce his liability to voluntary manslaughter. Ultimately, the success of a defence to murder will hinge upon the juryà ¢Ã¢â€š ¬Ã¢â€ž ¢s evaluation of Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of mind in relation to diminished responsibility (a question of fact) and the test used b y the courts to determine the characteristics attributable to the reasonable man for the purposes of provocation (an issue of law). Derek shot Arthur to prevent him reporting Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s death to the police. As such, he intentionally caused Arthurà ¢Ã¢â€š ¬Ã¢â€ž ¢s death thus giving rise to prima facie liability for murder. It is difficult to identify basis for a defence of diminished responsibility as Derek is described as being à ¢Ã¢â€š ¬Ã‹Å"in fine healthà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is not compatible with a finding that he is suffering from any abnormality of mind arising from one of the specified causes.[14] As such, Derek will need to rely upon provocation to reduce his liability to voluntary manslaughter but this may also be problematic due to the requirement that the defendant suffers a sudden and temporary loss of self-control.[15] Derek has not hit out in the heat of the moment but has appraised the situation before him and made a decision about a course of action. He has found his gun and loaded it before going to find Arthur, actions which suggest deliberation and planning rather than an uncontrollable reaction to external pressure which is at the heart of the defence of provocation. The courts have traditionally maintained that a à ¢Ã¢â€š ¬Ã‹Å"cooling offà ¢Ã¢â€š ¬Ã¢â€ž ¢ period is incompatible with the defence of provocation because it indicates that the defendant has had an opportunity to regain his composure and exercise control over his actions.[16] However, there is judicial recognition that a lapse in time between the provocative conduct and the killing is not always fatal to the availability of the defence, provided that the defendant was not in control at the time of the killing.[17] This has been particularly successful in à ¢Ã¢â€š ¬Ã‹Å"last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases in which the final provocative act appears insignificant unless viewed in the context of the history between the defendant and the victim.[18] However, it is unlikely that the court would take account of the previous animosity between the neighbours in light of Derekà ¢Ã¢â€š ¬Ã¢â€ž ¢s use of a gun, particularly against the husband of the man who has just been killed by his son. Moreover, Derek is a former soldier so can be presumed to know, more so than the ordinary man, of the fatal effects of gunshot wounds, so it is difficult to conceive that his actions are anything other than a deliberate killing in an attempt to obscure his sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s crime. Given the degree of planning involved, the requirement of a sudden and temporary loss of control would not be satisfied and Derekà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence of provocation will fail rendering him liability for a conviction for murder. Word Count: 1500 words Question 2 In 2003, the Home Secretary requested that the Law Commission report on the operation of the partial defences to murder with a view to ascertaining whether they were in need of reform. In particular, i t was to be considered whether, in light of the degree of overlap created by case law (particularly the House of Lords decision in Smith), the two defences should remain separate or be subsumed into a single defence. This issue is demonstrated in relation to Charlie as the same facts give rise to potential reliance on both diminished responsibility and provocation. The codification of the partial defences to murder in the Homicide Act 1957 was a specific attempt to add clarity and coherence to an area of law which, as a result of piecemeal common law developments, was in a state of some disarray. Concerns were particularly pressing following the execution of Ruth Ellis when it appeared that either diminished responsibility or provocation could have provided a defence.[19] The review of the law which followed led to the defences being put upon a statutory footing with the express intention that they should have a separate realm of operation. In other words, it was intended that pr ovocation would be available to those who had killed as a response to external stimuli whereas diminished responsibility would be applicable to those whose internal disorders led them to kill. This bifurcation on the basis of internal and external causes was always fraught with the potential for confusion as it is possible that a person with a mental abnormality (internal cause: diminished responsibility) would kill in response to external provocation.[20] Such situations caused case law to create significant overlap between the defences. In many respects, it should not have been problematic; provocation provides a benchmark of the level of self-control expected of the reasonable person in society by including a second objective requirement that must be satisfied if the defence is to succeed.[21] As the reasonable person is not suffering from an internal abnormality, they would not have reacted in the same way as the defendant thus provocation is will not be available but the def endant may rely instead upon diminished responsibility. In other words, the very factor that removes the availability of provocation from the defendant will form the basis of a defence of diminished responsibility. Seen in this sense, there is no reason why the defences could not have had a mutually exclusive sphere of operation. If this had remained the position, Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s mental condition would have precluded him from reliance upon provocation and left him reliant on the availability of diminished responsibility. This raises two problems; firstly, the degree of discretion given to the jury to determine the availability of diminished responsibility made it an unpredictable defence that could be denied to even the most disturbed defendant[22] and, secondly, diminished responsibility has connotations of mental illness which many defendants were keen to avoid, preferring reliance on provocation which placed responsibility on factors outside the control of the defen dant. This was pertinent in relation to women who killed abusive partners; if the defendant was required to rely upon diminished responsibility, this suggested that the fault lay within their mentality rather than with the actions of a violent abuser who had pushed them beyond control.[23] In response, case law broadened the scope of provocation by increasing the characteristics of the defendant which were attributed to the reasonable man.[24] In particular, it was considered important to ensure that those possessed of lower levels of self-control as a result of mental illness were not deprived of the defence merely because the reasonable person would not be afflicted with an equivalent disorder.[25] This was a matter of particular concern for the Law Commission who made reference to the controversy created by the House of Lords decision in Smith which was seen as a means to à ¢Ã¢â€š ¬Ã…“enable a defendant to rely on personal idiosyncrasies which make himà ¢Ã¢â€š ¬Ã‚ ¦more sh ort-tempered than other peopleà ¢Ã¢â€š ¬Ã‚ .[26] The Law Commission gave close consideration to whether the two defences should be amalgamated into a single defence that contained elements of both as recommended by Mackay and Mitchell.[27] They rejected this approach[28] and formulated a proposed definition of provocation that would reassert the emphasis on the defence as a response to external pressure whilst underplaying the individual characteristics of the defendant.[29] The delineation between the internal and external compulsions to kill was further reinforced by the recommendation that the law of diminished responsibility should be left unchanged.[30] Accordingly, the Law Commission has sought to return to the position that was originally envisaged whereby each defence would have a separate realm of operation. According to the proposals, the law on provocation should be reformulated to apply only when the defendant has acted in response to à ¢Ã¢â€š ¬Ã‹Å"gross provoca tionà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is defined as à ¢Ã¢â€š ¬Ã‹Å"words or conduct or a combination [thereof]à ¢Ã¢â€š ¬Ã‚ ¦which caused the defendant to have a justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ or a à ¢Ã¢â€š ¬Ã‹Å"fear of serious violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ or these two factors combined.[31] If the defendant has responded to gross provocation, he will have a defence only if à ¢Ã¢â€š ¬Ã‹Å"a person of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s age and ordinary temperament, i.e. ordinary tolerance and restraintà ¢Ã¢â€š ¬Ã¢â€ž ¢ might have reacted in the same or a similar wayà ¢Ã¢â€š ¬Ã¢â€ž ¢.[32] If this approach to provocation were enacted, the outcome in relation to Charlie may well have differed as it is likely to have placed the defence further from his grasp than even the reformulated test proposed by the Privy Council in Holley.[33] It is questionable whether Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct would amount to à ¢Ã¢â€š ¬Ã‹Å"gross provocationà ¢Ã¢â€š ¬Ã¢â€ž ¢. Could Charlie have a à ¢Ã¢â€š ¬Ã‹Å"justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ when Betty is merely complaining, albeit in vehement terms, about the noise he has created and objecting to the serious health risk posed by his tendency to leave rubbish in the vicinity of her home? The mere inclusion of a à ¢Ã¢â€š ¬Ã‹Å"justifiableà ¢Ã¢â€š ¬Ã¢â€ž ¢ requirement is indicative of the modification of the subjectivity and is tantamount to importing a reasonableness requirement into the first, as well as the second, limb of the test of provocation. Of course, the definition does extend the defence of provocation to those who act out of fear of violence (a questionable extension in light of the Law Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s later discussion of self-defence)[34] and this could provide a basis to strengthen Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s case in terms of reliance on provocation. Betty has been banging on the door for half-an-hour, a fair indication of a high level of anger, annoyance or other negat ive emotion, and has forced her way into this home, shouting as she does so. This may well be sufficient to engender a à ¢Ã¢â€š ¬Ã‹Å"fear of violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ in anyone, let alone someone as timorous as Charlie who is known to avoid leaving his home due to his dislike of being teased by local boys. Therefore, although the reformulation of provocation in terms of conduct that engenders a à ¢Ã¢â€š ¬Ã‹Å"justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ may weaken Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects of success, the inclusion of the à ¢Ã¢â€š ¬Ã‹Å"fear of violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ requirement seems to strengthen it. Overall, it seems reasonable to assert that Charlie would have a fair chance of satisfying this first limb of the proposed test of provocation. The second limb of the proposed test seems to obviate any prospect of reliance upon provocation by Charlie as it is based upon the powers of restraint and temperament of the ordinary person. The Law Commission propo sals elaborate on the meaning of this requirement, making it clear that the only characteristics that are attributable to the à ¢Ã¢â€š ¬Ã‹Å"ordinary personà ¢Ã¢â€š ¬Ã¢â€ž ¢ are those arising from the provocation and not those à ¢Ã¢â€š ¬Ã‹Å"whose only relevance is to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to exercise self-controlà ¢Ã¢â€š ¬Ã¢â€ž ¢. Accordingly, the Law Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s view of the objective limb is largely in accord with the view of the Privy Council in Holley and represents a return to a narrow approach to provocation. The narrowing of provocation proposed by the Law Commission would do nothing to improve the position of Derek who would not have a defence under the existing law. It is difficult to see how Arthurà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions in reporting Charlie to the police for killing Betty could be perceived as à ¢Ã¢â€š ¬Ã‹Å"gross provocationà ¢Ã¢â€š ¬Ã¢â€ž ¢. Overall, the Law Commission proposals regarding the interplay of provocation and diminished responsibility seek to restore the delineation between the defences[35] and rectify the weakening of the objective benchmark in provocation caused by the House of Lords decision in Smith; a process that has been effected to a certain degree by the condemnation of this decision as flawed by the Privy Council.[36] The overall aim of the criminal law in relation to homicide offences is to reflect degrees of culpability by facilitating differentiation between murder and manslaughter.[37] Whilst it is right that it is less blameworthy to kill in the heat of the moment in response to some external pressure than it is to engage in calculated and cold-blooded killing, there needs to be some limitation on the availability of provocation or the distinction becomes meaningless.[38] The Law Commission proposals restrict the availability of provocation by reinstating the objective requirements that have been eroded by case law. Word Count: 1500 words Case List Attorney-Gener al for Jersey v. Holley [2005] 3 All ER 371 Luc Thiet Thuan v. R [1996] 3 WLR 45 R v. Alhuwalia [1992] 4 All ER 889 R v. Baillie [1995] Crim LR 739 R v. Bryne [1960] 3 All ER 1 R v. Duffy [1949] 1 All ER 932 R v. Hayward (1833) 6 C P 157 R v. Humphreys [1995] 4 All ER 1008 R v. King [1965] 1 QB 443 R v. Mohammed [2005] EWCA 1880 R v. Moloney [1985] AC 905 R v. Morhall [1996] AC 90 R v. Price (1971) The Times 22 December R v. Smith (Morgan) [2000] 3 WLR 654 R v. Thornton [1992] 1 All ER 306 Bibliography Allen, M., (2003) Textbook on Criminal Law, 7th ed., Oxford: Oxford University Press Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 Clarkson, C.M.V. and Keating, H.M., (2003) Criminal Law: Text and Materials, 5th ed., London: Sweet Maxwell Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â €ž ¢ [2004] Journal of Criminal Law 253 Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provocation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 Herring, J., (2004) Criminal Law: Text, Cases and Materials, Oxford: Oxford University Press Law Commission Report 290 (2003) Partial Defences to Murder Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 Nourse, V., à ¢Ã¢â€š ¬Ã‹Å"Passionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Progress: Model Law Reform and the Provocation Defenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 106 Yale Law Journal 1331 Padfield, N., (2004) Criminal Law, 4th ed., Oxford: Clarendon Law Press Thornton, P., à ¢Ã¢â€š ¬Ã‹Å"A New Look at Expert Testimonyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1995) New Law Journal 94 Wilson, W., à ¢Ã¢â€š ¬Ã‹Å"The Structure of Criminal Defencesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2005] Criminal Law Review 108 1 Footnotes [1] R v. Moloney [1985] AC 905 [2] Section 2 Homicide Act 1957 [3] Section 3 Homicide Act 1957 [4] R v. Bryne [1960] 3 All ER 1 per Lord Parker [5] R v. Bryne [1960] 3 All ER 1 [6] Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 [7] R v. Price (1971) The Times 22 December [8] R v. Alhuwalia [1992] 4 All ER 889 [9] R v. Duffy [1949] 1 All ER 932 [10] R v. Thornton [1992] 1 All ER 306; R v. Alhuwalia [1992] 4 All ER 889 [11] R v. Smith (Morgan) [2000] 3 WLR 654 [12] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [13] R v. Mohammed [2005] EWCA 1880 [14] R v. King [1965] 1 QB 443 [15] R v. Duffy [1949] 1 All ER 932 [16] R v. Hayward (1833) 6 C P 157 [17] R v. Alhuwalia [1992] 4 All ER 889; R v. Baillie [1995] Crim LR 739 [18] R v. Humphreys [1995] 4 All ER 1008 [19] Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provo cation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 [20] R v. Smith (Morgan) [2000] 3 WLR 654; Luc Thiet Thuan v. R [1996] 3 WLR 45 [21] Section 3(1) Homicide Act 1957 [22] Thornton, P., à ¢Ã¢â€š ¬Ã‹Å"A New Look at Expert Testimonyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1995) New Law Journal 94 [23] Nourse, V., à ¢Ã¢â€š ¬Ã‹Å"Passionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Progress: Model Law Reform and the Provocation Defenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 106 Yale Law Journal 1331; R v. Alhuwalia [1992] 4 All ER 889; R v. Thornton [1992] 1 All ER 306 [24] Luc Thiet Thuan v. R [1996] 3 WLR 45; R v. Morhall [1996] AC 90 [25] R v. Smith (Morgan) [2000] 3 WLR 654 [26] Law Commission Report 290 (2003) Partial Defences to Murder, para. 3.20 [27] Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 [28] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.166 [29] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [30] Law Commission Report 209 (2003) Partial Defences to Murder, para. 5.86 [31] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [32] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [33] Attorney-General for Jersey v. Holley [2005] 3 All ER 371; R v. Mohammed [2005] EWCA 1880 [34] Law Commission Report 209 (2003) Partial Defences to Murder, para. 4.27 [35] Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 [36] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [37] Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Journal of Criminal Law 253 [38] Wilson, W., à ¢Ã¢â€š ¬Ã‹Å"The Structure of Criminal Defencesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2005] Criminal Law Review 108

Human Resource Management And Labor Relations - 951 Words

Name: Priyal Patel Course name: Human Resource Management and Labor Relations in the Aviation and Transportation Course number: 47-506-01-FA15 Human resource management in Aviation:Recruting and selection. Abstract The commercial aviation industry is safety-sensitive, high technology and extremely competitive service industry. The implications are vast and pervasive affecting no less than the organisation’s strategy, culture, and numerous operational activities. Responsibilities of human resources departments within aviation organisations and the skills of human resources personnel. HRM expertise in general and recruitment and selection as well as diversity and equal opportunity in particular are required now, more than ever, to spearhead the strategic development of a customer-centric,learning-oriented workforce that is capable of adapting quickly to the strategic goals and change imperatives facing the airline industry. 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Methods of Performance Appraisal Free Essays

string(105) " that it is easy to understand, easy to use and permits a statistical tabulation of scores of employees\." Q1 . Distinguish between ‘Performance Appraisal’ and the†potentialAppraisal’. Also discuss, in bief, the methods of performance appraisal. We will write a custom essay sample on Methods of Performance Appraisal or any similar topic only for you Order Now Ans. A performance appraisal system judges the performance of an employee over a given period of time. It is an indication of how he has performed in the PAST, but may necessarily not be an indication of his performance in the future. Depending on his past performance, a person is rewarded suitable with an appropriate cash incentive or bonus. A potential appraisal system is done to judge the capability of the person for a future role, meaning you are trying to assess a person to see whether he has the necessary skills, aptitude, attitude and competency for an increased level of responsibility and accountability or a leadership role. It can be enhanced with giving him specific T D, or assigning him a mentor. You are trying to judge his FUTURE performance based on the potential appraisal. Methods of Performance Appraisal The performance appraisal methods may be classified into three categories, as shown in Figure below. [pic] Individual Evaluation Methods Under the individual evaluation methods of merit rating, employees are evaluated one at a time without comparing them with other employees in the organization. 1. Confidential report: It is mostly used in government organizations. It is a descriptive report prepared, generally at the end of every year, by the employee’s immediate superior. The report highlights the strengths and weaknesses of the subordinate. The report is not data based. The impressions of the superior about the subordinate are merely recorded there. It does not offer any feedback to the appraisee. The appraisee is not very sure about why his ratings have fallen despite his best efforts, why others are rated high when compared to him, how to rectify his mistakes, if any; on what basis he is going to be evaluated next year, etc. Since the report is generally not made public and hence no feedback is available, the subjective nalysis of the superior is likely to be hotly contested. In recent years, due to pressure from courts and trade unions, the details of a negative confidential report are given to the appraisee. 2. Essay evaluation: Under this method, the rater is asked to express the strong as well as weak points of the employee’s behavior. This technique is normally used with a combination of the graphic rating scale because the rater can elaborately present the scale by substantiating an explanation for his ra ting. While preparing the essay on the employee, the rater considers the following factors: (i) Job knowledge and potential of the employee; (ii) Employee’s understanding of the company’s programmes, policies, objectives, etc. ; (iii) The employee’s relations with co-workers and superiors; (iv) The employee’s general planning, organizing and controlling ability; (v) The attitudes and perceptions of the employee, in general. 3. Critical incident technique: Under this method, the manager prepares lists of statements of very effective and ineffective behavior of an employee. These critical incidents or events represent the outstanding or poor behavior of employees on the job. The manager maintains logs on each employee, whereby he periodically records critical incidents of the workers behavior. At the end of the rating period, these recorded critical incidents are used in the evaluation of the workers’ performance. 4. Checklists and weighted checklists: Another simple type of individual evaluation method is the checklist. A checklist represents, in its simplest form, a set of objectives or descriptive statements about the employee and his behavior. If the rater believes strongly that the employee possesses a particular listed trait, he checks the item; otherwise, he leaves the item blank. A more recent variation of the checklist method is the weighted list. Under this, the value of each question may be weighted equally or certain questions may be weighted more heavily than others. The following are some of the sample questions in the checklist. †¢ Is the employee really interested in the task assigned? Yes/No †¢ Is he respected by his colleagues (co-workers)Yes/No †¢ Does he give respect to his superiors? Yes/No †¢ Does he follow instructions properly? Yes/No †¢ Does he make mistakes frequently? Yes/No A rating score from the checklist helps the manager in evaluation of the performance of the employee. The checklist method has a serious limitation. (e)Graphic rating scale: Perhaps the most commonly used method of performance evaluation is the graphic rating scale. Of course, it is also one of the oldest methods of evaluation in use. Under this method, a printed form, as shown below, is used to evaluate the performance of an employee. A variety of traits may be used in these types of rating devices, the most common being the quantity and quality of work. The rating scales can also be adapted by including traits that the company considers important for effectiveness on the job. A model of a graphic rating scale is given below. Table: Typical Graphic Rating Scale Employee Name†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Job title †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Department †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Rate †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Data †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Quantity of work: Volume of work under normal |Unsatisfactory |Fair |Satisfactory |Good |Outstanding | |working conditions | | | | | | |Quality of work: Neatness, thoroughness and |   |   |   |   |   | |accuracy of work Knowledge of job | | | | | | |A clear understanding of the factors connected |   |   |   |   |   | |with the job | | | | | | | Attitude: Exhibits enthusiasm and |   |   |   |   |   | |cooperativeness on the job | | | | | | |Dependability: Conscientious, thorough, |   |   |   |   |   | |reliable, accurate, with respect to attendance, | | | | | | |reliefs, lunch breaks, etc. | | | | | | |Cooperation: Willingness and ability to work |   |   |   |   |   | |with others to produce desired goals. | | | | | | From the graphic rating scales, excerpts can be obtained about the performance standards of employees. For instance, if the employee has serious gaps in technical-professional knowledge (knows only rudimentary phases of job); lacks the knowledge to bring about an increase in productivity; is reluctant to make decisions on his own (on even when he makes decisions they are unreliable and substandard); declines to accept responsibility; fails to plan ahead effectively; wastes and misuses resources; etc. , then it can safely be inferred that the standards of the performance of the employee are dismal and disappointing. The rating scale is the most common method of evaluation of an employee’s performance today. One positive point in favor of the rating scale is that it is easy to understand, easy to use and permits a statistical tabulation of scores of employees. You read "Methods of Performance Appraisal" in category "Papers" When ratings are objective in nature they can be effectively used as evaluators. The graphic rating scale may however suffer from a long standing disadvantage, i. e. , it may be arbitrary and the rating may be subjective. Another pitfall is that each characteristic is equally important in evaluation of the employee’s performance and so on. (f)Behaviorally anchored rating scales: Also known as the behavioral expectations scale, this method represents the latest innovation in performance appraisal. It is a combination of the rating scale and critical incident techniques of employee performance evaluation. The critical incidents serve as anchor statements on a scale and the rating form usually contains six to eight specifically defined performance dimensions. The following chart represents an example of a sales trainee’s competence and a behaviorally anchored rating scale. Table: An Example of Behaviorally Anchored Rating Scale (BARS) |Performance |Points |Behavior | |Extremely good |7 |Can expect trainee to make valuable suggestions for increased sales and to have | | | |positive relationships with customers all over the country. |Good |6 |Can expect to initiate creative ideas for improved sales. | |Above average |5 |Can expect to keep in touch with the customers throughout the year. | |Average |4 |Can manage, with difficulty, to deliver the goods in time. | |Below average |3 |Can expect to unload the trucks when asked by the supervisor. | |Poor |2 |Can expect to inform only a part of the customers. | |Extremely poor |1 |Can expect to take extended coffee breaks and roam around purposelessly. | How to construct BARS? Developing a BARS follows a general format which combines techniques employed in the critical incident method and weighted checklist ratings scales. Emphasis is pinpointed on pooling the thinking of people who will use the scales as both evaluators and evaluees. Step 1: Collect critical incidents: People with knowledge of the job to be probed, such as job holders and supervisors, describe specific examples of effective and ineffective behavior related to job performance. Step 2: Identify performance dimensions: The people assigned the task of developing the instrument cluster the incidents into a small set of key performance dimensions. Generally between five and ten dimensions account for most of the performance. Examples of performance dimensions include technical competence, relationships with customers, handling of paper work and meeting day-to-day deadlines. While developing varying levels of performance for each dimension (anchors), specific examples of behavior should be used, which could later be scaled in terms of good, average or below average performance. Step 3: Reclassification of incidents: Another group of participants who are knowledgeable about the job is instructed to retranslate or reclassify the critical incidents generated (in Step II) previously. They are given the definition of job dimension and told to assign each critical incident to the dimension that it best describes. At this stage, incidents for which there is not 75 per cent agreement are discarded as being too subjective. Step 4: Assigning scale values to the incidents: Each incident is then rated on a one-to-seven or one-to-nine scale with respect of how well it represents performance on the appropriate dimension. A rating of one represents ineffective performance; the top scale value indicates very effective performance. The second group of participants usually assigns the scale values. Means and standard deviations are then calculated for the scale values assigned to each incident. Typically incidents that have standard deviations of 1. 50 or less (on a 7-point scale) are retained. Step 5: Producing the final instrument: About six or seven incidents for each performance dimension – all having met both the retranslating and standard deviation criteria – will be used as behavioral anchors. The final BARS instrument consists of a series of vertical scales (one for each dimension) anchored (or measured) by the final incidents. Each incident is positioned on the scale according to its mean value. Because the above process typically requires considerable employee participation, its acceptance by both supervisors and their subordinates may be greater. Proponents of BARS also claim that such a system differentiates among behavior, performance and results and consequently is able to provide a basis for setting developmental goals for the employee. Because it is job-specific and identifies observable and measurable behavior, it is a more reliable and valid method for performance appraisal. (g)Forced choice method: This method was developed to eliminate bias and the preponderance of high ratings that might occur in some organizations. The primary purpose of the forced choice method is to correct the tendency of a rater to give consistently high or low ratings to all the employees. This method makes use of several sets of pair phrases, two of which may be positive and two negative and the rater is asked to indicate which of the four phrases is the most and least descriptive of a particular worker. Actually, the statement items are grounded in such a way that the rater cannot easily judge which statements apply to the most effective employee. The following box is a classic illustration of the forced choice items in organizations. Table: Forced Choice Items 1. LeastMost ADoes not anticipate difficultiesA BGrasps explanations easily and quicklyB CDoes not waste timeC DVery easy to talk toD 2. LeastMost ACan be a leaderA BWastes time on unproductive thingsB CAt all times, cool and calmC DSmart workerD The favorable qualities earn a plus credit and the unfavorable ones earn the reverse. The worker gets over plus when the positive factors override the negative ones or when one of the negative phrases is checked as being insignificantly rated. They overall objectivity is increased by using this method in evaluation of employee’s performance, because the rater does not know how high or low he is evaluating the individual as he has no access to the scoring key. This method, however, has a strong limitation. In the preparation of sets of phrases trained technicians are needed and as such the method becomes very expensive. Further, managers may feel frustrated rating the employees ‘in the dark’. Finally, the results of the forced choice method may not be useful for training employees because the rater himself does not know how he is evaluating the worker. In spite of these limitations, the forced choice techniques is quite popular. h)Management by Objectives (MBO): MBO represents a modern method of evaluating the performance of personnel. Thoughtful managers have become increasingly aware that the traditional performance evaluation systems are characterized by somewhat antagonistic judgments on the part of the rater. There is a growing feeling nowadays that it is better to make the superior work with subordinates in fixing goals. This would inevitably enable subordinates to exercise self-control over their performance behaviors. The concept of management by objectives is actually the outcome of the pioneering works of Drucker, McGregor and Odiorne in management science. Management by objectives can be described as â€Å"a process whereby the superior and subordinate managers of an organization jointly identify its common goals, define each individuals’ major areas of responsibility in terms of results expected of him and use these measures as guides for operating the unit and assessing the contributions of each of its members†. MBO thus represents more than an evaluation programme and process. Practicing management scientists and pedagogues view it as a philosophy of managerial practice; it is a method by which managers and subordinates plan, organize, control, communicate and debate. Features ? MBO emphasizes participatively set goals that are tangible, verifiable and measurable. MBO focuses attention on what must be accomplished (goals) rather than how it is to be accomplished (methods). ? MBO, by concentrating on key result areas translates the abstract philosophy of management into concrete phraseology. The technique can be put to general use (non-specialist technique). Further it is â€Å"a dynamic system which seeks to integrate the company’s need to clarify and achieve its profit and growth targets with the manager’s need to contribute and develop himself†. ? MBO is a systematic and rational technique that allows management to attain maximum results from available resources by focusing on achievable goals. It allows the subordinate plenty of room to make creative decisions on his own. How to cite Methods of Performance Appraisal, Essays

Work Health And Safety Management of an Organisation-Free Samples

Question: Discuss About The Work Health And Safety Management System? Answer: Duty holders and define WHS responsibilities The duty holders of who are involved in Sydney City Council are supervisors, senior managers, workers, etc. The senior managers must demonstrate a very visible and activity regarding leadership an in work safety and health within their responsibility areas (Bahn, 2013).The workers who are in charge of supervising others within their area of responsibility need to identify the hazards and work safety and health risks from various activities under their supervision(Chan-Mok, Caponecchia Winder, 2014).The workers must take reasonable care regarding their own safety and health and abide with the instructions in association to safety and health at work. Financial and human resources required by the WHS management system The human resources that are required by the WHS management system at Sydney City Council include any individual who can take reasonable care of their as well as the health and safety of others. These individuals should be able to comply with the instructions regarding work safety and health and should be able to report regarding work related hazards, incidents and injuries promptly (Engelbrecht et al., 2015). The financial resources those are essential for the implementation. These are to be decided by making effective planning of inventory of each item that is to be used in the WHS system of Sydney City Council. Effective and compliant participation arrangements for managing WHS in a work area To set up and maintain participation arrangements In order to work with the workers and their representatives in accordance to the legislation of WHS, effective planning regarding identification of hazards is needed to be done by Sydney City Council. The assessment of risk and hazards along with devising the control of risks and hazards is also to be conducted during the set up (Faithfull-Byrne et al., 2017). Legal and other requirements are needed to be focused on while devising the assessments and controls of the risks and hazards. The safety and health objectives along with the target of Sydney City Council are also to be kept in mind while structuring the risk and hazard assessments. issues raised through participation and consultation arrangements Resolution and consultation regarding issues between the workplace and the employees is a very crucial part of the effectively structured and managed safety and health in the environment of workplace. The authorities of the Sydney City Council needs to consult with the employees so that the workers may happen to contribute to the workplace decisions regarding the execution of the systems and practices associated with safety in terms of designing and ensuring safety, welfare and health of employees. The involvement of employees at every levels of Sydney City Council is very important in order to ensure a safe workplace (Ward Wasson, 2016). The authorities in the workplace needs to ensure that there is an effective sharing of important information regarding safety, welfare and health with the employees and other individuals working Sydney City Council such that the individuals are provided with the scope and opportunity for expressing their opinions in a regular pattern to the resolut ion of issues associated with welfare, health and safety in the workplace. Moreover, the views and opinions of the individuals working in the workplace are considered and valued (Faithfull-Byrne et al., 2017). Information about the outcomes of participation and consultation to workers Fellow workers play an important role in the demonstration of practices associated with safe work which would help in the assistance of the new worker at Sydney City Council. It is important for encouraging the workers and provides consultation to them by motivating them to ask questions and raise views regarding any kind of issues regarding the health and safety in the workplace (Ward Wasson, 2016). Every worker needs to be informed regarding any kind of emergency procedures for the work environment and what are needed to be done if any kind of injury occurs which also includes reporting the requirements. This way the workers will be ensured regarding the convenience of access and understanding of the policies. Procedures for effectively identifying hazards, and assessing and controlling risks in a work area The first step of the procedures regarding maintenance and resolution of effective identification of hazards and controlling risks in the workplace include planning process. Planning is essential for developing and establishment of a system that can assist in maintaining the safety system along with the improvement of the system on a continuous basis (Faithfull-Byrne et al., 2017). The initial planning of Sydney City Council must include the objectives, actions and strategies regarding the activities that are to be used for achieving the objectives associated with safety and health in workplace. The design, implementation of the plan would include the resource allocation and integration of purchasing and maintenance of the equipment of the infrastructure and equipment necessary for combating the hazards. Procedures for ongoing hazard identification, The procedures for prevalent identification of hazard, assessment and risk control at Sydney City Council would include the steps of identification of risks, assessment and implementation of the risk along with monitoring and reviewing of the procedures. Investigation of all the incidents and accidents for recognizing the probability of reoccurrence is a must (Engelbrecht et al., 2015). Identification of the factors that are associated with the risk and reviewing of the health and safety information from sources that are relevant has to be conducted. The hierarchy of control needs to be implemented for elimination of risk. Hazard identification at the planning, design and evaluation stages Identification of the factors that have the possibility to contribute to the hazard and risk is a must for every workplace (Chan-Mok, Caponecchia Winder, 2014). The review of the information associated with the health and safety of the workplace from asignificant and authoritative source has to be conducted. Evaluation of the possibility of the reoccurrence of the incident and the probableseverity also needs to be done. Procedures for selecting and implementing risk controls The implementation of the risk control can be well defined by the use of hierarchy of control. In the cases where there is a risk assessment, the significance of measures associated with risk controls, such procedures needs to be taken in accordance with the relevant individuals (Bahn, 2013). The first step includes the elimination of the risk or hazard physically. Then replacement of the hazard is done. The isolation of the people in the workplace from the risk or hazard is done. Changing the manner in which people work is necessary .Finally, protection must be provided to the workers by giving them personal protective equipment. Inadequacies in existing risk controls The inadequate supply of human resource, training to the staff, irregular supervision, adequate funds for purchasing the protective gear, and other equipment, allocation of time for training and supervision, effective management and support are the insufficiencies. The workplaces need to engage a direct supervisor only for health and safety management in the workplace. Effective management system must be integrated. AWHS representative of Sydney City Council must be engaged (Faithfull-Byrne et al., 2017). Requirements for expert WHS advice, and request this advice as required The Sydney City Councils workplaces need to have experts for providing WHS advices so that effective assistance can be obtained for the resolution, management, and implementation and monitoring of the WHS policies(Chan-Mok, Caponecchia Winder, 2014).Consultation and feedback regarding the safest and health in the workplace can be ensured and provided to all the individuals. Evaluate and maintain a work area WHS management system WHS induction and training program for all workers The Sydney City Council workplace needs to have induction and training program regarding WHS for making its employees aware about the health and safety factors while working in the organization. Formal training sessions need to be conducted by engaging external Radiation Experts. Special training needs to be provided for additional safety and health roles such as First Aid Officers, Safety Support Officers and Emergency Wardens. An annual program regarding training courses must be designed regarding health and safety in the workplace (Faithfull-Byrne et al., 2017).Consultation session, communication programs, reporting, documentation, data control aspects and management of operational risk needs to be included in the induction and programs for training. To allow identification of patterns of occupational injury and disease in the organization, The pattern of risk assessment through a ranking system can be used to analyze the level of risk for different aspects involved in the workplace. It would present increased levels of controls for higher risks. The system for WHS record would include a scale and rating system which would have negligible, minor, moderate, major, substantial as the remarks to evaluate the consequence of the hazards and risks. This way the extent and severity of the harm caused by the risks and hazards can be identified. Measurement and evaluation of the WHSMS Having effective and strong hazard identification and risk control polices with regards to WHS norms would rate any workplace to be very efficient and competitive (Engelbrecht et al., 2015). The quality of the service that the workplace would be providing to its customers would be very much reflected through the way it ensures the health and safety of its own employees. Implementation of improvements to the WHSMS Many aspects can be suggested for improving WHSMS the organizations WHS objective. The representative for health and safety department should be engaged for effective regulation of the WHS polices. The organizations needs to devise and use interpreters, translated information, literacy or multilingual signs training regarding the health and safety policies for individuals who are unable to understand the language in which business is conducted in the workplace(Ward Wasson, 2016).All the procedures and strategies regarding WHS policies should be oriented to the objectives of the workplace. Compliance with the WHS legislative framework to achieve, as a minimum The organizations need to have compliance with the legislative frameworks which include the new work health and safety legislation such as the Work Health and Safety Act 2011, Codes of Practice and Work Health and Safety Regulation 2011 for having effective and ensured implementation of health and safety polices. References Bahn, S., 2013. Workplace hazard identification and management: The case of an underground mining operation. Safety science, 57, pp.129-137. Chan-Mok, J.O., Caponecchia, C. and Winder, C., 2014. The concept of workplace bullying: Implications from Australian workplace health and safety law. Psychiatry, Psychology and Law, 21(3), pp.442-456. Engelbrecht, M., van Rensburg, A., Rau, A., Yassi, A., Spiegel, J., O'Hara, L., Bryce, E. and Nophale, L., 2015. Tuberculosis and blood-borne infectious diseases: workplace conditions and practices of healthcare workers at three public hospitals in the Free State. Southern African Journal of Infectious Diseases, 30(1), pp.23-28. Faithfull-Byrne, A., Thompson, L., Schafer, K.W., Elks, M., Jaspers, J., Welch, A., Williamson, M., Cross, W. and Moss, C., 2017. Clinical coaches in nursing and midwifery practice: Facilitating point of care workplace learning and development. Collegian, 24(4), pp.403-410. Ward, S. and Wasson, G., 2016.Bridging the gap: improving safe prescribing from university to workplace.International journal of clinical pharmacy, 38(5), pp.1023-1026