The Human Resource Function Case Study Example | Topics and Well Written Essays - 2500 words

The Human Resource Function - Case Study Example Cadbury Schweppes has as its main objective the delivery of superior shareholder value. To achieve this objective, the company stresses the need for all employees to understand the different goals of the company so that they can tailor their efforts towards achieving these goals which will in turn lead the company toward its overall objective of delivering superior shareholder performance. This paper aims at looking at critically evaluating the nature and presence of the human resource strategy that appears to be in operation at Cadbury Schweppes in the light of the wider business strategy. The paper also presents a discussion of how the Human Resource Function can position itself toward delivering the people strategy based on evidence gathered from the case study as well as the understanding of the development of Human resource functions. Having said this, the paper will begin by critically evaluating the nature and presence of the human resource strategy in section 1.1 below and later a discussion how the Human resource function can position itself will be presented in section 1.2. The human resource strategy that appears to be in operation at Cadbury Schweppes seems to be in conflict with the company's business strategy. ... Its number one goal for 2004-07 is not excellence, innovation or developing its people. It is simply to deliver superior shareholder performance". The latter quotation clearly shows that Cadbury Schweppes does not care about developing its people, all it cares about is delivering superior shareholder value. According to Lengnick-Hall and Lengnick-Hall (1988: p. 451) citing Porter (1985) and Huselid (1995: p. 636) citing Begin (1991); Butler, Feris, & Napier (1991); Cappelli & Singh (1992); Jackson and Schuler (1995); Porter (1985); Schuler (1992); Wright and McMahan (1992), human resource management can help a firm obtain sustained competitive advantage by lowering costs, increasing sources of products and service differentiation, or by both. Lengnick-Hall and Lengnick-Hall (1988: p. 451) define competitive advantage as "those capabilities, resources, relationships, and decisions that permit a firm to capitalise on opportunities and avoid threats within its industry". Lengnick-Hall and Lengnick-Hall (1988: p. 451) further states that in order for a firm to achieve competitive advantage through human resources, the activities must be managed from a strategic perspective. Cadbury Schweppes seems to have missed out in this domain. It has focused most of its attention on delivering sharehol der value but fails to understand that it is only after integrating strategic human resource management into its business strategy that superior shareholder value may be delivered. Another interesting point is that even if Cadbury Schweppes has got some competitive advantage as demonstrated through its current levels of profitability, this competitive advantage may not be sustainable if it does not properly

Job opportunities Essay Example | Topics and Well Written Essays - 750 words

Job opportunities - Essay Example Theories are essential d. Determination, perseverance and diligence IV. Importance of training a. Training with good performers b. Training to be observant c. Training to be cautious d. Training with my communication skills V. Conclusion a. Job opportunities b. Emphasis on importance of education c. Emphasis on importance of training d. Continuing studies As a child, I always dreamed of flying an aircraft one day. I often stood in awe looking up to the sky whenever a plane flew by our place and this stirred my desire even more to be in one of the planes that will fly by our place in the future. I have always been fascinated by planes so that whenever my father told me to buy something as a present, I always asked for a toy plane. I remember removing the parts of my toys, studying how they are made, looking into the inside parts to satisfy my curiosity. Sometimes, I have to keep my toy planes because I cannot put back the parts anymore but there are other times that I successfully man age to reassemble my toys and during those times, I always felt good about myself. This further strengthened my dream to someday work with planes. Airplanes always fascinated me from my childhood days until this time. When I grew older, I stepped up from just playing with toy planes to looking up books about planes and reading them, devouring every information like it was the only food that would sate me. I collected pictures of planes because I can compare the different designs. Looking at photographs, I was amazed even more at how large planes could really be in contrast to the toy cars that I have been used to holding. I understood through the photographs that the planes could be a lot bigger than the people who make them and this struck me so much I have spent more time thinking about how people could create an enormous craft that could carry many people and still be able to lift itself higher than the birds which have nothing to carry but themselves. These circumstances helped me to decide to take aviation engineering in order for me to reach my dreams. Luckily, my parents are very supportive of me and I take it as a great privilege for them to have sent me to a good school where they believe I can earn the knowledge and training necessary for me to succeed in my plans. My education is the first that I have considered in the achievement of my dreams because it is very essential. I know that through education, I can gain the necessary knowledge I should possess in order for me to be able to competently perform my duties as an aviation engineer. The theories that are learned in school definitely are better understood with the help of the different professors and engineers who have the wealth of information and experience. This is the reason why I chose to enroll in a respected school because I believe that the school defines the quality of education provided to students. As a student, I am doing my best to learn the theories related to aviation engineering. There are many difficulties presented through the process but I am determined to finish my studies as a product of my perseverance and diligence. I am reading more books than ever to enrich my knowledge and to widen the scope of information I am receiving from my professors. I am working more intently on my mathematical and drafting skills because they are needed in the course and in my future job. Theories are not always enough in learning so as a part of my preparations; I look forward to training with good performers in the field of

Roca Case Study Essay Example for Free

Roca Case Study Essay Roca Radiadores S. A. is an entirely Spanish-owned company which has achieved extraordinary international expansion. To answer the question what motivated Roca to start internationalization we need to pay attention to the history and further expansion of Roca. Roca began its activities in 1915 as Compania Roca Radiadores S. A, a company that exclusively made cast iron radiators for domestic heating at its factory in Gava, near Barcelona. Over the course of about 60 years, Roca established its first foreign subsidiary in France because by that time, all the possibilities of further expansion in the Spanish market were extremely limited. Roca’s capital is wholly owned by the family group arising from its founders. The shareholders currently comprise over 50 members of the Roca family. The total turnover has been increasing steadily, reaching now over 800 million euro, with profits over 35 million euro per year. Roca has a stable financial statement. Roca makes decisions very slowly, evaluating the risks involved. It hardly uses bank loans, thus financing its growth mainly on reserves. Roca sells its products in over 70 countries in the six continents. Roca began increasing its international commitments as exports volumes rose. It was extremely difficult to start up exports in different countries. It faced technical barriers, varying national customs in different countries, trading limits, social differences in different countries, but there were several factors which motivated Roca to start its expansion and thus gain from internationalization: 1.  All the possibilities of further expansion in the Spanish market were extremely limited. So, it explains desire to grow 2. Stable financial statement (Its growth is based mainly on reserves, not on loans) 3. Higher profitability after entering the international market 4. Obtain prestige in the domestic market 5. There is no information in the case study about competitors, but clearly there are always competitors and this fact must be taken into consideration in discussing Roca’s internationalization process. Assuming that there are competitors, Roca was motivated to internationalize its sales and operations because internationalization would help it reach greater economies of scale in order to be more competitive. Furthermore, Roca would want to move against other competitors in foreign markets Roca has successfully overcome through all the initial stages of internationalization process such as exports or licences and production capacity and now it is on the final fourth stage as a global and multinational company. Roca went beyond the limits of the domestic market in 1974, when it opened the first subsidiary of the ROCA FRANCE in France. Since then, the company has opened a number of subsidiaries in over 70 countries, not only Western Europe, but also the countries of Latin America, Eastern Europe, the Far East, and emerging countries. Since then Roca has became one of the largest exporters of Catalonia. Also, in order to reduce costs Roca inaugurated mostly export-oriented factories for the production of Roca goods; producing in countries such as Settat, Morocco where they entered into a number of external agreements. Roca is always careful when entering into a new country, choosing only those where there is strong demand for their products. With the development of the internationalization process Roca has established the Department of Expansion, which is responsible for gathering information about foreign markets, competition situation, consumers, as well as the economic situation in the country of concern. Also Roca always takes into account the features of each country, like differences in water pressure, type of waste pipes employed, national customs, etc. nd making modifications to production processes in each country. Roca is one of the worlds largest manufacturers of sanitary and heating division, air conditioning and ceramics, and so its organizational process cannot be identified only by one model. A combination of a global-centralized and a decentralized organizational structure is best for the company, since the decisions that Roca must make are highly specialized depending upon whether it pertains to managing the global company or managing a local subsidiary. The model Roca follows entails that the decisions of the global Roca company should be taken at the level of the parent company while at the subsidiary level decisions that must be made to reduce costs by acquiring information about partners, distributors, etc. are under the umbrella of the subsidiary. The parent company, Roca, must address the core issues of development of the whole company as well as control interest, establish new subsidiaries in new regions and look after the work for the company according to a variety of financial and managerial reports that it receives from the subsidiaries. It also should engage subsidiaries to the search for new ways of development on their localizations. In particular, while opening a new production or establishing relations in a new market, the parent company may enter into temporary contracts, which will operate until the subsidiary is established on a new location. These are the decisions that best made in a global-centralized organization structure. At the same time the main aim of each subsidiary is to be responsible to the parent company for a profit and loss basis. Unprofitable subsidiaries can be easily dropped off and their managers should understand it. Although subsidiaries are sovereign they benefit from any goodwill and recognition of the whole company. So the subsidiaries are interested in their profitability, each subsidiary should search for new contacts, watch out for the productive organization of work of the company and then file reports on their operations with their parent companies to the parent company. So each subsidiary is responsible for the reputation of the company on the local level while the parent company is doing it on the global one. Roca has chosen to create production subsidiaries as its entry strategy for various countries because subsidiaries allow the parent company to achieve a closer and more continuous contact with the market. The creation of a subsidiary also decreases the number of intermediaries and makes it possible for the parent company to obtain a deeper knowledge of the market. Financially, the production subsidiaries allow Roca to avoid import barriers, which in turn reduces the final price of the product. Production subsidiaries also provides Roca with a better understanding of the host market, and makes it easier and quicker to adapt products for the foreign market and to respond to market changes. With all these advantages associated with the usage of production subsidiaries, it is evident why Roca chose the creation of production subsidiaries as its entry strategy. Roca’s international organization is flat in order to give subsidiaries greater autonomy since subsidiaries are closer to its markets. This not only provides Roca with better insight into foreign markets but also allows Roca to commence international operations more rapidly since basic infrastructure already exists. Thus, Roca can beat out potential competitors. The flat organizational hierarchy means that decisions can be made more quickly, which is necessary when a company owns so many subsidiaries, as Roca does. From another angle, since one of Roca’s major advantages is its reputation for high-quality, durable products, production subsidiaries will allow Roca to maintain control over its production processes and therefore maintain the high quality of its product offerings. The factors that led Roca to choose creating production subsidiaries as its entry strategy for specific countries such as Portugal, China, India, and Poland because after considering factors such as local costs, market size, tariffs, laws and political considerations, these countries were likely the ones with conditions most amenable to foreign investment through establishment of production subsidiary facilities. These countries in particular have lower costs of production due to lower labor costs. For example, India has many resources and capabilities in the IT business, a high number of English speakers, and significant government support for foreign investment. Furthermore, since Roca has a large product range, it would be difficult to transport the different products from just a few central distribution centers instead of the production subsidiaries. Lastly, the nature of the hygienic furnishings industry is such that not much specialized technological know-how is necessary. There is not a lot of innovation that relates to hygienic furnishings and so there is not a lot to bar competitors from entering the market. Thus, production subsidiaries will allow Roca to begin selling in foreign markets more rapidly, thus preempting potential competitors. The most significant drawback to this method is the high cost involved with creating or acquiring production subsidiaries. Usually, acquiring firms overpay for the assets of the acquired firm. Furthermore, there may be issues of culture clash between Roca and the newly acquired company. Acquiring firms also requires many resources and effort on the part of Roca because Roca must first identify appropriate companies to acquire. Roca Radiadores has had tremendous success in regards to entering new markets. They achieved this by pursuing a strategy which entails primary integration through a distributor and later switching operations to a subsidiary. These tactics were employed by Roca Radiadores in: France, Portugal, the Dominican Republic, Italy, Belgium, United Kingdom, Germany, Argentina, Poland, China and India. To fully comprehend the success of Roca’s strategies we will dissect some of the big moves Roca made and found success in pursuing this strategy. The first international venture Roca pursued was Roca France, where Roca only employed a sales subsidiary, not a distributor. It would seem frivolous to employ a distributor in France due to its close proximity to Spain. However, the inclusion of the sales subsidiary was a wise tactic, enabling Roca France to isolate and accurately determine who their customer base was. The localized sales subsidiary was able to focus on infiltrating the market and broadening the scope of Roca’s presence in the French market without diverting attention away from Spanish operations. The sales subsidiary offered a means for Roca to exist in the French market, leading them to reduce the responsibilities of the distributor. The expansion into Portugal was the first venture which required cooperation between the distributors who was replaced by a subsidiary. Roca Portugal evolved over a series of years; initial entrance involved distribution of sanitary products and later heating and cooling products. Years after observing market performance and gathering information about the Portuguese market, Roca saw an opportunity to expand further by purchasing a porcelain factory to produce sanitary products; the purchase drove costs down for Roca and eliminated imports. As the process was redefined quality standards were reduced, but the reason for this is because the Portuguese market appeared to be insensitive to changes in quality, but adept to changes in price. Having employed a distributor provided Roca the ability to test their success in the Portuguese market, unlike the French market where they required high quality products similar to those sold in Spain. The switch to a subsidiary was facilitated through a merger with York Portugal, a company specializing in air-conditioning and heating systems and therefore established a new firm Roca York AR E Refrigeroca. To determine demand Roca relied on past performance of the porcelain company acquisition as well as the heating and cooling systems. The merger and the creation of the subsidiary both for sales and distribution allowed Roca to reduce costs of outsourcing responsibilities to third parties, expanding Roca’s scope of control over the product line and expansion process. Granted, by this point in time, Europe had removed any trade barriers and tariffs, but localizing the operation kept costs down and made Roca products highly competitive in the Portuguese market. Similar strategies were pursued in Italy and Latin America. The strategy Roca chose to pursue was tactically sound considering that they were capable of expanding both within and outside of the European continent. It was an ideal strategy for expansion because of said variables: gaining information about the market, competition, capable and knowledgeable sales force, legal knowledge, and language proficiency. This plan allowed Roca to easily identify who the customer base is, how to target them and what their user needs are. If Roca sought the advice of a market researcher, there would be high costs associated with the service. Distributors had a higher incentive to ensure that they reach the target customer; they stand to gain a portion of the sales. Information attained from the distributor will serve a means to gauge if it is worthwhile to subsidize and commit to the market. Distribution methods would allow Roca to accurately gauge who is their key competitor and determine how they can compete, either on price or quality. By valuing their competitors through the research provided, there will be a clearer image whether there is room for growth or if the market is saturated. Access to an experienced sales force provides knowledge as to how to engage the customers and will be knowledgeable of which channels of distribution need attention. Through observation of the distributor’s sales force, Roca can observe and later on replicate the methods they used when they expand to a subsidiary. The final two variables which emphasize why the tactic of entering through a distributor is ideal include fluency in the language and an all encompassing understanding of the legal structure. Language fluency is vital to success in a foreign country, especially where the language varies from the company’s place of origin. The distributor would be responsible for converting any and all information into the language spoken into that area, including: advertisements, websites, packaging, directions and more. Had the distributor not been in place to serve as an intermediary there would be huge costs incurred in an effort to customize informational and marketing processes. Having a reliable source to advise Roca about legal constraints will avert them from violating regulations as well as help them capitalize on all that the law has to offer to protect Roca and its products. Beyond the scope of the distributor is the responsibility of the subsidiary. A simple power transfer occurs where Roca regains control of the operation in the foreign location and reduces the role of the intermediary, the distributor. At this juncture issues with language barriers, legal issues, and customer identification have been dealt with. The subsidiary is therefore a means to solidify Roca’s presence in the market and further expand their market share in this area. There are some drawbacks to this model. Consider the fact that the distributor may be unreliable. Roca had to rely on the distributor to provide accurate information about the market and the customer base. Were the distributor reluctant or unsuccessful in ascertaining this, continued involvement in the market may lead to stagnant sales and possibly a failed international expansion. Furthermore, the strategy entails a significant power shift for Roca. In this case there is a possibility that Roca loses sight of the sanctity of the Roca brand therefore threatening the longevity of Roca. However, the greatest drawback can be expected from the sales force who are not salaried employees. The sales force has no incentive to be loyal to Roca, so there should be a swift transition from distributor to subsidiary to take on salaried employees who will be a bit more consciences about their performance and the success of the company.

Explaining the Nursing NMC Code of Conduct

Explaining the Nursing NMC Code of Conduct (A.) A code of conduct is a set of customary principles and expectancy that are considered binding on anybody who is member of a certain group. Nursing and midwifery practice in the United Kingdom are bound by a set of precepts and standard that set the least requirements for anyone wishing to practice nursing or midwifery within England, Scotland, Wales, Northern Ireland and Island. There is a more advance set of ethical and behavioural pattern that all nurse and midwife working in the United Kingdom must follow (NMC 2008).This is maybe the most important of the pattern set by the regulatory body for nurses and midwives as it comprises the ethical and moral codes that they are expected to obey. The code applies to anyone in the register; nevertheless the importance and need for codes of practice and conduct goes beyond nurses and midwives and their everyday contact with patients. Even when not on duty, they must still stick to the principles and values comprising the code, especially as they directly connected to the women and people that they have been in their care. An example of this is respecting your client confidentiality. There are no much difference in the NMC code of conduct United Kingdom and that of Nigeria. In the aspect of treating people equally without prejudice and discrimination, all humans are equal and must be treated kindly and with respect. Confidentiality is another important part of the code of conduct which states that sharing of information is not right except in the case where the person is at risk of harm or in compliance with a court case. In writing of inform consent one must ensure that the client is of legal age which is 18years in Nigeria. In a situation where the client is under aged, the parent or next of kin signs the informed consent on his or her behalf. A nurse should maintain boundaries in a professional by not accepting gift, favours because it might be interpreted as an attempt to gain special preference. A nurse should avoid careless, malpractice and abuse while providing care to client. Clients do have a right to know about their conditions. A nurse should be accountable to the public at all time by helping to protect the public against harmful dangers and agents. As a nurse one must be ready to implement global health initiatives and participate in national and international conferences. (B.) Be aware that the rules of obtaining consent apply equally to those who have mental illness. Under mental health act it is very important that clients are checked under statutory powers, knowing the conditions and safeguards needed for giving care and treatment without consent. (C.) An area of the code that I am interested in is the area of informed consent. In Nigeria a clients legal age that allows him or her to sign informed consent is 18 years and above but in a situation where the client is under aged, the guardian or next of kin can sign the informed consent on his or her behalf. While in the United Kingdom, if the client is (a minor) under the age of 16,it becomes a complex case because it is believed that they are not matured enough to have a superior power of discernment and reasoning to make decision. This is a more similar case with that of Nigeria. Buts the difference is that, in Nigeria even if the client is 16 or 17 years and with parental responsibility the client will still not be given the opportunity to sign an inform consent. However the explicit wish of a minor should be thought about by an investigator, there are gillick competent minors that are able of consenting in their own right to treatment procedures, given that, in the view of t he professional concerned, they had gotten the nature of the treatment she is going to have and its potential advantage and disadvantage and were adequately mature intellectually and emotionally to make a judgement. In high schools in the United Kingdom, consent is important to the appropriateness of treatment and school nurses must have a sound consent before he or she can lawfully go on with treatment for a child. For children who are very young who do not have the power to make consent for treatment, the school nurse will depend confidently on the consent of someone acting on the power of a person with parental responsibility. As a child rows with age the law permits them to make consent to treatment decisions where they have the power to do so. School nurses can go on with treatment plan and advice if the child is seen or considered to be gillick competent. Right to consent is not subject to individual will or judgement without restriction set at puberty: it is a must by the school nurse who must be comfortable that the child is old enough to fully understand the consequences of the particular decision they are making. The more complicated the decision, the greater the maturity and intelligence needed to reach ability, as there will be a lot for the child to understand. School nurses will need to be comfortable with the child to fully estimate the difficult issues that needs to be considered before they can safely go on that the child has power to consent to treatment. In a case were the child is asking for treatment and counselling in relation to sexual activity such as contraceptive, then the nurse must also be sure that they are acting to protect the child and they meet the need of the sexual offences Act 2003.This is best achieved by recording the treatment and counselling given in line with Lord Frasers guidance in Gillick V West Norfolk and Wisbech AHA (1986) School nurses must keep their patients medical needs confidentially. This duty is draw from their legal, pertaining to and professional sense of duty and requires that as a rule they will not open patient information.However, the need to share information with others is vital to help deliver necessary care and protection of patients. While not proper disclosure is never welcomed, always using the duty of confidence as an excuse never to share information can lead in poor care and even bad report. School nurses must look at each case on its merits. Whenever needed the consent of the patient should be gotten before disclosure. Disclosure of patient information without consent is allowed in the public interest or where regarded by law and it is important that school nurses carefully balance the overall need for confidentiality against the needs and welfare of the patient that might need the information to be shared with necessary source. (D.) The sufficiency of informed consent is a vital part to consider when caring for patients.Weisz Melton (1995) describes informed consent as one of the most debateable issue in health care. This debate becomes even more important in adolescents health care. Informed consent is a technical issue and often does build legal and ethical concerns for the adolescent, parents or legal guardian(s) of the adolescents (Sturman, 2005) The legal and ethical connections associated with informed consent are very complicated and present challenges for those finding treatment and those delivering care (Anderson, 2005) an example was when a 16 year old girl walked into the hospital where I worked as a registered nurse in Nigeria and said she was pregnant and wanted to terminate the pregnancy. She was asked to go and call her parents or guardian to come and sign an informed consent for her before any form of pregnancy termination will be done. She walked up to me thinking probably I could help her out as a young nurse but rather I recognised my responsibility and up held the code of conduct which states that clients who are under aged; not above 18 years should be with a next of kin or parents to sign an informed consent. (E.) If it was in the United Kingdom, I would have acted differently because once a child gets to the age of 16; he or she is believed in law to be capable to give consent for themselves for their own medical, dental or surgical procedures. Meaning the young girl would be treated as an adult. Although it is still best practice to advice capable children to involve their parents in decision making. Where confidentiality is involved i must keep her privacy, unless I can justify disclosure on the grounds that I suspect she would likely suffer consequential harm. I would however ask her to involve her parents, unless I see it was not in her best interest to do so. (F.) The four Nursing and midwifery council domains are: Competent midwifery practice, Professional and ethical practice, developing others and self and realizing quality care through appraisal and research. As a registered nurse I took personal responsibility for my actions, those I forgot to do and been accountable for any action I take. I could make sound decision while handling the case of my young client in respect of my personal professional development; practice within the range of view of my personal professional capability and extended this scope as needed. Working with minors, a registered nurse should have capability and confident in giving the basic aspect of care. This gives the client and parents more confidence. This confidence and capability strengthens the foundation by ability and practical skills in the area of child growth, communicating with minors and their family members. This self awareness for nurses working with minors needs to be able to give support, educate them and help them understand what they should do and why, to make decisions about treatment choice and to be able to assist themselves meaningfully to their own care. A registered nurse must recognize their emotions, quality of feeling at a particular time and drives. They need to understand how these emotions produce effect on others and their performance. This self awareness requires strict inquiry into their personal thoughts and experiences. It required carefully weighed analysis of their feelings and how these emotions drive ideas and behaviours. We humans always have automatic reactions to certain interpersonal stimuli. This reverse movement may result from deep-seated suppositions that have taken root over time. Best example of an automatic reaction can be seen when watching group of cows going out to pasture. For unknown reasons, the cows always follow the same path. Humans also create symbolic cow paths in their rejoinder to certain situations, thoughts and emotions. The registered nurse needs to know his or her cow paths in other to raise their self-ability and have self-reliance in situations fraught with the various emotional responses found in health care. REFERENCE LIST Christina, M. (2009). Midwifery regulations in the United Kingdom. In: Diane, F and Margaret, C Myles textbook for Midwives. 15th ed. London: Churchill Livingstone Elsevier. P83. DOH. (2010). Seeking consent; working with children. Available: http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4067204.pdf. Last accessed 16th May 2011. Janet, F. (2010). Evolution of clinical nurse specialist role and practice in the United State. In: Janet, F and Brenda, L Foundations of clinical nurse specialist practice. New York: Springers publishing company. P18 NMC, UK. (2008). The code; Standards of conduct, performance and ethics for nurses and midwives. Available: http://www.nmc-uk.org/Documents/Standards/The-code-A4-20100406.pdf. Last accessed 10th May 2011. NMC, Nigeria. (2005). Code of professional conduct. Available: http://www.nmcnigeria.org/standards.php. Last accessed 10th May 2011. Nick.B (2009). Legal and ethical issues relating to medicinal products. In: John, G and PFDArcy The textbook of Pharmaceutical Medicine. 6th ed. London: BMJ Publishing Group Limited. P354. NMC, UK. (2004). Standards of proficiency for pre-registration nursing education. Available: http://www.nmc-uk.org/Documents/Standards/nmcStandardsofProficiencyForPre_RegistrationNursingEducation.pdf. Last accessed 16th May 2011. NMC, UK. (2006). Allegations; Warwick, Diana 78A3956E. Available: http://www.nmc-uk.org/Hearings/Hearings-and-outcomes/May-2011/Charges-WarwickDiana/. Last accessed 14th May 2011. NMC, UK. (2010). Feedback about the guardians. Available: http://www.nmc-uk.org/General-public/Older-people-and-their-carers/Feedback-about-the-guidance-/. Last accessed 12th May 2011. NMC, UK. (2008). Advice for nurses working with children and young people. Available: http://www.nmc-uk.org/Nurses-and-midwives/Advice-by-topic/A/Advice/Advice-on-working-with-children-and-young-people/. Last accessed 16th May 2011. Roberson, AJ. (2007). Adolescent informed consent: ethics, law and theory to guide policy and nursing research. Journal of Nursing Law. 11 (4), P191-P192. (Accessed 14th May 2011) Griffith, R. (2008). Consent and children:the law for children. British journal of school nursing. 3 (6), p284. Mark ,A. (2008). School nurses and consent:duty of confidence. British journal of school nursing. 3 (8), 380.

Book VII of the Nichomachean Ethics by Aristotle Essay -- Aristotle Ni

Book VII of the Nichomachean Ethics by Aristotle Introduction In book seven of the Nicomachean Ethics, Aristotle sets out his theory of akrasia, or weakness of will. Aristotle attempts to explain both how such actions are possible (contra Socrates), and how we can dissolve the puzzles (aporiai) generated by our most important (kurios) commonly held beliefs, which arise in response to the actions of the incontinent person. This paper will review book VII of the Nichomachean Ethics (EN), and attempt to resolve some of the remaining questions left open by Aristotle’s critique. According to Aristotle, ethika is not an exact (akribes) science, for it only provides â€Å"usual† truths (hos epi to polu), or those that are true for most, but not all, cases. Ethics is a practical discipline, which depends on the prudent person to make competent decisions with respect to various particular cases; unsurprisingly, it would be difficult (if not impossible) to determine any invariant rules of application for every ethical situation. Accordingly, Aristotle consults the opinions of the common majority as an initial starting point from which to proceed in ethical study. The beliefs of the hoi polloi are revisable, however, and in the case of incontinence, we shall see that Aristotle cannot resolve all of the puzzles resulting from them. The format of this paper will proceed as follows. First, we will attempt a rough description of Aristotle’s conception of incontinence. Next, we will survey the most salient puzzles with which he is concerned. Subsequently, we will attempt to resolve any remaining questions concerning the plausibility of Aristotle’s theory. Section One Aristotle’s conception of inc... ...ned earlier, we remain convinced that the incontinent knows the entire time that what she does is the wrong thing to do. If we think she doesn’t know, or forgets momentarily, then why is she morally responsible for her wrong-doing? Likewise, Aristotle’s own explanation lacks enough specificity as to why and how the appetite makes one â€Å"unaware† of the good conclusion. Simply put, the ambiguity interpretation is the most plausible way to account for both our pre-theoretical intuitions and our everyday practical experiences. In this respect, it remains true to the spirit of the Nichomachean Ethics. Works Cited Aristotle. Nicomachean Ethics, Translated by Terence Irwin. Second Edition. Indianapolis: Hackett Publishing Company, Inc. 1999. Davidson, Donald. â€Å"How is weakness of the will possible?† in Essays on Actions and Events. Oxford: Clarendon Press. 1980.

The Legalization of Marijuana for Medicinal Purposes :: Medical Marijuana Drugs Papers

The legalization of marijuana for medicinal purposes has become an increasingly controversial topic, with many different issues on which people have many different opinions. There is opposition to the legalization of marijuana for medicinal purposes because it has the potential to be used incorrectly, however it is also considered that there is the potential for marijuana to be used in relieving the suffering of many seriously ill patients. Marijuana has been used by people for thousands of years to provide relief from many different serious medical problems. There are many doctors who currently support the effectiveness of using marijuana as treatment for various medical conditions. The many people who are suffering from cancer, multiple sclerosis, and AIDS have found that marijuana can be a very effective pain and symptom reliever. The legalization of marijuana for medicinal purposes is viewed by its opposers as one of the worst things that we could do. Their reasons are that they feel that marijuana should not be legalized for medical use because it is an illegal substance and until that is changed, prescribing it is against the law. "Attorney General Janet Reno announced that physicians in any state who prescribe the drug could lose the privilege of writing prescriptions, be excluded from medicare and Medicaid reimbursements, and even be prosecuted for a federal crime" (Kassier 1). Government officials such as Janet Reno are not the only ones to object to the legalization of marijuana. Many parents groups like Mothers Against Drunk Drivers object to the legalization of marijuana for medical uses. Their objections come from a reasonable concern that there has been an increase in the use of marijuana by youth. Their concern is expanded since the marijuana of today is much more potent than the marijuana of a few decades ago. The potential for these teens to obtain the drug would increase. Also, the Federal Health and Drug enforcement officials feel that by le galizing marijuana, they would be sending the wrong message to young people ("Your Health" 1). Strong evidence that shows that regular use of marijuana for long periods of time could cause severe lung damage ("Your Health" 3). If the use of marijuana could damage a patient's lungs, then the risk could outweigh the benefit. Marijuana smoke can be twice as toxic as tobacco smoke to a human lung. The strongest point that many make opposing the legalization of marijuana is that there just is no clear evidence that smoking marijuana can help an individual who is ill ("Marijuana for the Sick" 2).

Company Law Essay

It has been a long established principle of Company Law that the corporate personality is a separate legal entity distinct from its members. (Salomon v Salomon & Co. (1897) However, there are circumstances in which the courts might find it appropriate to dispense with this principle and ignore the principle of separate corporate personality by ‘lifting the corporate veil’ so to speak. Yet, the courts have not been as prepared to pierce the veil of the corporation as they have been to protect it. Salomon v Salomon & Co. gave birth to the separate legal personality of the corporation. In this case, Mr. Salomon, who was conducting business as a leather merchant formed a company which he called Salomon & Co. Ltd in 1892. His shares were distributed among his wife and children, each of whom held one share each, for Mr. Salomon. This was necessary at the time because the law requires that the company consist of at least seven shareholders. It is also important to note that Mr. Salomon was the managing director of the company. (1897) Salomon & Co. Ltd. purchased the leather business which Mr. Salomon estimated to be worth 39,000 pounds. Mr. Salomon based this valuation on his view that the business was bound to be a success rather than the actual value at the time of purchase. The funds were paid as follows: 1) 10,000 pounds worth of debenture stocks leaving a charge over all of the assets of the company and 2) 20,000 pounds in 1 pound shares and 9,000 pounds in cash. At this juncture, Mr. Salomon paid off all of the creditors of the business. As a result, Mr. Salomon held 20,001 shares in Salomon & Co. Ltd. and his wife and kids held the remaining 6 shares. Also, as a result of the debenture, Mr. Salomon was a secured creditor of the company. (Salomon & Salomon Co. Ltd. 1897) The leather business floundered and within a year Mr. Salomon ended up selling all of his debentures so as to salvage the business. This did not work out the way Mr. Salomon planned and the company was unable to pay its debts and consequently went into insolvent liquidation. The company’s liquidator alleged that Salomon & Co. Ltd. was nothing but a sham serving as an agent for Mr. Salomon. Therefore Mr. Salomon should be held personally liable for the company’s debts. The Court of Appeal agreed with this finding and held that a company’s shareholders were required to be a bona fide organization with the intention of going into business rather than just for the purpose of meeting the statutory provisions for the number of shareholders. (Salomon & Salomon Co. Ltd. 1897) The House of Lords reversed the decision of the Court of Appeal holding as follows:- 1) It was not relevant for the purposes of determining the genuineness of a company’s formation that some shareholders were holding shares for the purpose of forming the company pursuant to relevant statutory provisions. In fact, it was perfectly legal for the procedure for registration to be used by a person for the purpose of conducting a one-man business enterprise. 2) Moreover, a company that was formed pursuant to the regulations provided in the Companies Acts is a separate legal person and was not therefore an agent or trustee for the controller. Therefore the company’s debts were its own and were not the debts of its members. The liability of the members would be limited in proportion to the shares that they each held. (Salomon & Salomon Co.  Ltd. 1897) Salomon v Salomon & Co. Ltd. has stood up well against the test of time. In Macaura v Northern Assurance Co. [1925] AC 619 the House of Lords held that in the same way that the company’s liabilities are the company’s and the shareholders, the assets are also the company’s rather than the shareholders. (Macaura v Northern Assurance Co. [1925]) In Barings Plc (In Liquidation v Coopers & Lybrand (No. 4) [2002] 2 BCLC 364 a parent company suffered a loss as a consequence of the loss incurred by one of its subsidiaries. It was held that the subsidiary was the proper party to commence an action in respect of the loss. This rationale followed the rationale in Salomon v Salomon & Co. Vis-a-vis the loss was that of the subsidiary and was therefore that company’s liability rather than the parent company’s liability. The subsidiary was a separate legal entity from its parent company. (2002 p 364) This ruling was closely followed in both Gile v Rhind [2003] as well as Shaker v Al-Bedrawi {2003]. In Re Southard &Co Ltd Templeton [1979] 3 ALL ER 556 at 565 LJ said that A parent company may spawn a number of subsidiary companies, all controlled directly or indirectly by shareholders of the parent company. If one of the subsidiary companies, to change the metaphor, turns out to be the runt of the litter and declines into insolvency to the dismay of its creditors, the parent company and other subsidiary companies prosper to the joy of the shareholders without any liability for the debts of the insolvent subsidiary. ’(Re Southard &Co Ltd Templeton [1979] 3 ALL ER 556 at 565) Lee v Lee’s Air Farming, a New Zealand case, is another good example of the court’s reluctance to pierce the corporate veil. In this case, in 1954 Lee started a company called Lee’s Air Farming Limited. Lee owned all of the shares of the company and was the company’s Governing Director. In addition, Lee worked for the company as its chief pilot. He died in a plane crash while flying the company plane and his wife tried to claim damages via the company’s insurance scheme under the Workers’ Compensation Act. (Lee v Lee’s Air Farming [1961]) The New Zealand Court of Appeal rejected the widow’s claim that Lee was a worker within the meaning of the Workers’ Compensation Act and the case went to the Privy Council. The Privy Council found that Lee’s Air Farming Limited was an entirely different legal entity from Lee and legal relationships between the two were perfectly permissible. Moreover, the Privy Council found that Lee, as Governing Director could indeed give order to himself in his capacity as chief pilot. Therefore a master/servant relationship did exist between the two and Lee was in that respect a ‘worker’ within the meaning of the Act. Indeed, as seen in the cases discussed above the courts aggressively protect the separate legal identity of the corporate citizen. However, there have been legislative intervention whereby specific situations have been defined where it would be appropriate to pierce the corporate veil. For example Sections 213 and 214 of the Insolvency Acts make it possible for the lifting of the corporate veil in cases of fraud and wrongful dealing. (The Insolvency Act 1986 Sections 213 and 214) Section 213 is often referred to as the ‘fraudulent trading’ provision. (Dignam & Lowry 2006 Ch. ) This section arises if the court is satisfied that company carried on any of its business ventures with the intention of defrauding the company’s creditors or the creditors of anyone else. Section 213 will also arise if the court finds that the company acted for any other fraudulent reason and persons involved in those fraudulent ventures can be found liable for the company’s debts. In order to satisfy the court of the existence of fraud Section 213 requires proof of ‘actual dishonesty, involving, according to current notions of fair trading among commercial men, real moral blame’. The . Section 214 does not impose as onerous a burden or standard as does Section 213. It is not necessary to prove an intention to defraud. Section 214 applies to the period just before a company begins winding up procedures. Section 214 arises when the court is satisfied that the directors either knew or ought to have known that the company was becoming insolvent and continued to trade anyway. The director can be liable for the company’s debts in these instances. (The Insolvency Act 1986 Section 214) Section 227 of the Companies Act 1985 makes further provision for lifting the veil of the corporation. This section arises in instances where it is necessary to require the production of group members or group accounts to verify whether or not a subsidiary’s financial activity is that of the holding company. (Companies Act 1985 Section 227) The judiciary has also demonstrated a will to lift the corporate veil whenever the ends of justice desire it to be done. The circumstances in which the court will ignore the corporate veil are ill-defined and the impression is that these circumstances are developed on a case by case basis. Professor Gower said that ‘challenges to the doctrines of separate legal personality and limited liability at common law tend to raise more fundamental challenges to these doctrines, because they are formulated on the basis of general reasons for not applying them, such as fraud, the company being a â€Å"sham† or â€Å"facade†, that the company is the agent of the shareholder, that the companies are part of a â€Å"single economic unit† or even that the â€Å"interests of justice† require this result. ’ (Davies 2003 p 184) Adams v Cape Industries Plc [1990] Ch 433 is viewed by Gower and Davies as the leading case on the exceptions to the corporate veil. In the case the Court of Appeal said that it is not satisfied that the ‘court is entitled to lift the corporate veil as against a defendant company which is a member of a corporate group’ merely on the grounds that the company was used to shield a member of that group from future liabilities of the company. As a matter of fact, the Court of Appeal maintained that this was a legal right by adding ‘whether or not this is desirable, the right to use a corporate structure in this manner is inherent in our corporate law. ’(Adams v Cape Industries Plc [1990] Ch 433) The courts tend to be rather inconsistent with its position on the grounds upon which it will displace the laws protecting the corporate veil. While Adams v Cape Industries Plc was very strict in its position in favor of safeguarding the corporate veil, the House of Lords was rather liberal in DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852. In the latter case Lord Denning speaking of a parent company and its subsidiary holdings said, ‘these subsidiaries are bound hand and foot to the parent company and must do just what the parent company says’. He went on to say ‘this group is virtually the same as a partnership in which all the three companies are partners. They should not be treated separately so as to be defeated on a technical point’. (DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852) It wasn’t long before the courts departed from the position taken by Lord Denning. Woolfson v Strathclyde R. C [1978] SLT 159 the House of Lords took issue with Denning’s view on the nature of holding companies and the groups under them. The Lords maintained that the corporate veil would not be displaced unless it was shown that the company was a facade. (Woolfson v Strathclyde R. C [1978] SLT 159) In Trustor AB v Smallbone (No. 2) [2001] 1 WLR 1177 the court was adamant that the corporate veil would only be lifted in three circumstances. They were, 1) if the court was satisfied on the evidence that the company was a mere sham or facade, 2) the company itself was involved in some impropriety or 3) where the interest of justice required it. (Trustor AB v Smallbone (No. ) [2001] 1 WLR 1177) Earlier cases identified appropriate circumstances where the court might find that a company was indeed a facade. In Gilford Motor Company Ltd. v Horne [1933] Ch 985 the court found that the company was a facade. In this case an employee bound by a covenant not to solicit the business of his employers, left his employment and set up a company which he used to breach the covenant. The employee argued that while he was bound by the covenant, the company was not. (Gilford Motor Company Ltd. v Horne [1933] Ch 985) In another case the defendant signed an estate contract with the plaintiff for the sale of realty to him. The defendant changed his mind and formed a company, transferring the realty to the company. He claimed that he was no longer the owner of realty and therefore no bound to the terms of the estate contract. The court found that the company was a mere facade for the defendant and he was ordered to sell the realty as per the estate contract. (Jones v Lipman [1962] 1 WLR 832) The Court of Appeal identified three instances in which it would be appropriate for the corporate veil to be lifted. The court said, ‘save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v A. Salomon & Co Ltd [1897] AC 22 merely because it considers that justice so requires. Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities. (Adams v Cape Industries Plc [1990] Ch 433) Adams has effectively narrowed the circumstances in which the courts will intervene and lift the corporate veil. This is unfortunate since changing times together with the complex development of both the corporate structure and company law, the Salomon v Salomon & Co. rule is in reality perhaps out of place today. (Gallagher & Zeigler 1990) Although there have been times when the courts have shifted away from this ruling it remains the poster child for the criteria to be met when determining whether or not to life the veil of the corporation. The prevailing attitude is to safeguard against lifting the corporate veil. Question 2b) The doctrine of majority rule has been a long established principle of Company Law within the English Legal System and makes it difficult for minority shareholders to take legal action in respect of majority shareholder improprieties. That said, Rebecca as a minority shareholder is protected to a limited extent by the provisions of Section 459(1) of the Companies Act 1985. The development of the common law doctrine of majority rule was enunciated in Foss v Harbottle. The rationale behind Foss was that any difficulties within the structure of the company ought to be dealt in the general meetings of the company by ratification by the majority shareholders. The prevailing attitude of the courts was one of nonintervention. It would only step in if it was for the purpose of dissolving the business. The facts of Foss v Harbottle reveal that in 1835 a company, Victoria Park Company purchased land in the Manchester primarily for residential purposes. Thomas Harbottle, a director of Victoria Park Company had purchased the property and resold it to Victoria Park Company who eventually developed the property. Richard Foss and Edward Turton, shareholders of Victoria Park Company brought an action against Thomas Harbottle alleging breach of fiduciary duties in that he sold the property to the company at an inflated price. Turton and Foss also claimed that, acting outside of their powers as directors the directors had burrowed funds in the name of the company. The court held that plaintiffs had no locus standi, and that they were required to have obtained the company’s approval to commence legal action. This approval is properly obtained by virtue of a general meeting. In Foss v Harbottle, Wigram VC explained that ‘the corporation should sue in its own name and in its corporate character, or in the name of someone whom the law has appointed to be its representative. ’ It would therefore only be permissible in exceptional cases of serious abuse that minority shareholders could sue the company as a defendant. This explains the relatively strict approach adopted by the courts in deciding representative forms of actions in the guise of minority shareholder oppression. Jenkins LJ in Edwards v Halliwell explained the justification of the majority rule doctrine in Foss v Harbottle when he said ‘the rule in Foss v Harbottle, as I understand it, comes to no more than this. First, the proper plaintiff in an action in respect of a wrong alleged to be done to a company or association of persons is prima facie the company or the association of persons itself. Secondly, where the alleged wrong is a transaction which might be made binding on the company or association and on all its members by a simple majority of the members, no individual member of the company is allowed to maintain an action in respect of that matter for the simple reason that, if a mere majority of the members of the company or association is in favour of what has been done, then cadit quaestio’. This is where Section 459(1) of the Companies Act 1985 is important to Rebecca in respect of what appears to be ‘insider dealing’, mismanagement and perhaps even fraud. Section 459(1) of the Companies Act 1985 provides as follows:- Any member of a company may apply to the Court by petition for an order under this section on the grounds that the affairs of the company are being or have been conducted in a manner which is unfairly prejudicial to some part of the members (including at least himself) or that any actual or proposed act of omission of the company (including an act of omission on its behalf) is or would be so prejudicial. ’ David Partington, notes rather bluntly, that the discretion contained in Section 459 is very broad and perhaps infinite. ‘The breadth of s. 459 means that there must be an infinite range of situations in which it may be employed. Partington goes on to say that the courts have been extremely flexible in their application of the term ‘unfairly prejudicial. ’ The test for ascertaining whether or not conduct is ‘unfairly prejudicial’ is an objective test rather than a subjective one. The defendant’s motives are often times not of paramount importance to the courts. In Re Bovey Hotel Ventures Ltd. it was held that ‘the test †¦. is whether a reasonable bystander observing the consequences of (the defendant’s) conduct would regard it as having unfairly prejudiced the petitioner’s interests. The remedies are no longer limited to ‘winding up’ procedures and this of course explains the wider discretion for commencing an action by minority shareholders. Among the remedies available are, rectification, injunctive or ‘buyout relief. ’ By virtue of ‘buyout’ relief, the court makes an order requiring the company to purchase the shares of the petitioning minority shareholders. This is perhaps the best course for Rebecca to follow. She might not wish to remain a part of a company in which she has all but lost faith in. Re Sam Weller & Sons Ltd. rovides some useful guidance as to the kind of conduct that might amount to ‘unfairly prejudicial’ within the meaning of the 1985 Act as amended. For example, failing to pay a dividend in the absence of a sound commercial explanation for such a failure amounts to ‘unfairly prejudicial’ conduct’. In Sam Weller’s case the dividend had already been covered 14 times with the company declaring it for the past consecutive 37 years. In interlocutory proceedings, Gibson LJ denied the company’s application to strike out the petitioner’s claim noting that the company had a case to answer.