Liabilities of a Director Essay Example for Free

Liabilities of a Director Essay A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen, it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty Ltd as far as our case is concerned. The contracts made by the company with other outsiders are usually done by Directors who are, most often than not, act as representatives of that mentioned company and be able to be liable by the acts of its Directors as stated in s126. Directors acting on behalf of the company during any contracts are usually in a crucial position of trust within that company, and therefore, the vast array of legal duties will stretch out on their shoulders for holding that position. Due to this hot position, it is easier than not, for their powers to be abused in different ways. Directors have been known to abuse their powers in office for their personal gain. For example, Directors have been held liable for inappropriately using company’s funds in making their personal secret profits. In such cases, the corporate law comes into play (the Common Law and the Corporations Act 2001 (Cth)) and Directors or any other officer who recklessly breach specific duties and obligations should be prosecuted in the court of law. So for the purpose of liability, the common law and the Corporations Act 2001 (Cth) have been laid down so as to minimize the risk of wrongful behaviors by company’s Directors. In this paper, I will discuss the responsibilities, liabilities and duties of a director(s) in a company and give examples how Directors of various companies have been accounted or held responsible for infringing Corporations Act 2001 (Cth) laws. Directors’ Duties Since companies are usually established and managed by directors and a number of officers, these directors have that ostensible authority, collectively, to represent that mentioned company and not as an individual Director. As I am going to talk about it below, some individual directors (Andrew and Brian in this case) have been known to enter in to some kind of contract with outsiders (other companies) and not collectively as board of directors, as allowed under s201J and s198D of the Corporations Act 2001 (Cth). Directors, in most cases, have contravened these sections of the Act because they have their own material personal interests outside the company and have disowned their â€Å"duty to act honestly and in good faith to the best interest of the company† as per Part 2D.1 of the Corporations Act 2001 (Cth). Directors can only avoid the civil or criminal penalties for breaching the Corporations Act 2001 (Cth) only if they fully understand their liabilities and duties (Sieve rs, 1997 and Cassidy, 2006). Some of Corporations Acts laws, which directors need to be watchful for, in order to avoid contravening Corporations Act laws, are and not limited to: 1. Act in good faith and honest for the best interest of the company. 2. By considering company’s interests ahead of their own. 3. Avoiding conflicts of duty and interest. 4. Duty to avoid insolvent trading by the company 1. Duty to act honestly and in good faith to the best interest of the company As far as s181 of Corporations Acts 2001 (Cth) is concerned, any director including Andrew and Brian in our case, have to act â€Å"in good faith and in the best interest of the company (Pandora Diamonds and Gems Pty Ltd)† (see Darval v North Sydney Brick and Tile Co (1988) 6 ACLC 154) and not for their personal intentional purposes. In our case, before resigning, Brian set up his own jewellery business so that he can engage in a lucrative business of supplying jewellery to his new friend Victor after resigning from Pandora Diamonds and Gems Pty Ltd. Brian, under Corporations Act 2001 (Cth) s.184, may have infringed the statutory duties that are found in ss.181-183, and therefore liable for civil or criminal penalties as per Corporations Act laws (Sievers, 1997 and Cassidy, 2006). 2. Duty not to improperly use the position of a director to gain any personal benefits As contained in s182 of the Corporations Act 2001 (Cth), directors must demonstrate their powers for the required purposes so that companies like Pandora Diamonds and Gems Pty Ltd for example can benefit and those directors who violate s180 of the Corporations Act law Sbe penalized or disqualified in the court of law as was illustrated in the case of Mills v. Mills (1938) 60 CLR 150 (Cassidy, 2006). In our case, the exercise of power by Brian to secure some personal advantage by starting his own jewellery business, is considered as an ‘improper purpose’ because it is not within the purpose of benefiting Pandora Diamonds and Gems Pty Ltd, but to himself (see Mills v. Mills (1938) 60 CLR 150, Biala Pty Ltd v. Uallina Holdings (No 2) (1993) and ASIC v. Adler (2002)). Eventually, Brian will be responsible for any financial benefit he might have received as the head of Pandora Diamonds and Gems Pty Ltd (see Queensland mine Ltd v Hudson (1978) 18 ALR 1) (Cassidy, 2006, p. 251). 3. Avoiding conflicts of duty and interest. The conflict of interest is a matter for all board of directors that does not only affect specific directors in the company. According to section 182 and 183 of the Corporations Act, any misuse of director’s position just for the disadvantage of the company and for the benefit of the director is generally forbidden by the law (see Aberdeen Railway Co. v. Blaikie Bros (1854). If some sections like s191 to s195 of the Corporation Act is analyzed further, it details some important rules on how Directors (Brian included) are supposed to disclose or declare to the board of directors, if there is any personal interest that is related to the affairs of the company. This is required so as to ensure that the honesty and integrity of directors are thoroughly observed (Cassidy, 2006). As far as our case is concerned, Brian may have violated s181 of the Corporations Act, for he did not declare or disclose to the board of directors that he has some interest of starting is own business as required under s191 (3) and he may be prosecuted in the court of law for not declaring his interest. 4. Duty to prevent insolvent trading by the company Corporate regulators have tried many means to make sure that there are no companies that can trade while insolvent by imposing higher level of liability on directors. As per s588G of the Corporations Act, civil penalties and personal liability on directors have been imposed on them if in case a company incur a debt and is declared insolvent. An example of a case where directors were liable for the company’s insolvency was that of Commonwealth Bank of Australia v Friedrich. Here, Maxwell Eise who was a director was fined millions of dollars for causing the company to undergo insolvency. The court argued that Maxwell Eise (Brian and Andrew in our case) had breached s588G of the Corporations Act and was liable for debts incurred by the company because his failure to prevent it. If in case directors of companies like Pandora Diamonds and Gems Pty Ltd have acted criminally and believed to be dishonest, in which may harm the company because of their self personal advantage, ASIC with the assistance of Australian Federal Police, criminal investigation can be conducted and tough procedures has to be followed when collecting evidence that will be use to determined as to whether a prosecution should go a head. And if the case is found to be more serious, it will be handled with the Commonwealth Director of Public Prosecution; otherwise the lower courts will deal with these kinds of cases. All in all, directors should carefully study, understand and appreciate their duties and responsibilities that they are subject to as company bosses. Being a director of a company is not an easy task because there are several fiduciary duties that need to be adhered to.

Organizational structures and cultures

Organizational structures and cultures Organizations are social arrangements for the controlled performance of collective goals. (Buchanan and Huczynski, 1991) The writer Chester Barnard (1938) used the example of a man trying to lift a stone which is too heavy for him. By getting together with another person, and combining their efforts, the man is able to move the stone. Organizational Structure:- Every organization to be effective must have an organizational structure. Organizational structure is the form of structure that determines the hierarchy and the reporting structure in the organization. Organizational structure shows information, flows from level to level within the company. It is also called organizational chart. Designing of Organizational Structure:- Work Specialization:- Work specialization is the key element of organizational structure and it refers to the degree to which tasks in the organization are subdivided in to separate jobs. In the work specialization the entire job is subdivided into different steps and each step have to complete separately by individual. For example: making of an automobile. Advantages of work specialization are that, employees skills can increases by doing one job again and again. It saves time and there is accuracy in production. It allows managers to supervise more employees. While the disadvantages are that, employees might get bored by doing same job again and again. Sometime if the person is on leave then no one can do his job, due to which absenteeism rises. Quality of work may suffer. Departmentalization:- Through departmentalization common tasks can be coordinated. In Departmentalization, work or individuals are grouped into manageable units. The primary forms of departmentalization are:- Functional Departmentalization Customer Departmentalization Geographical Departmentalization Product Departmentalization Process Departmentalization Chain of Command:- Chain of command is the formal line of authority, communication, and responsibility within an organization. According to classical organization theory the organizational chart allows one to visualize the lines of authority and communication within an organizational structure and ensures clear assignment of duties and responsibilities. In many organizations, the chain of command principle is still very much alive. Military is an example of straight chain of command which starts from a top to low level ranks. Span of Control:- In a business of more than one person, unless the business has equal partners, then there are managers and subordinates. Subordinates are workers controlled by the manager. Span of control can be:- Tall and Narrow:- The manager controls six or few employees. There is close supervision of the employees, tight control and fast communication. However, the supervision can be too close; the narrow span means that there are many levels of management, resulting in a possibly excessive distance between the top and the bottom of an organization. Flat and Wide:- A wide span of control forces managers to develop clear objectives and policies, select and train employees carefully. Since employees get less supervision, they are more responsible and have higher morale with a wide span of control. Flat and wide span of control is successful if employees have the awareness about their responsibilities and job tasks because managers are not able to have a look on each employee every day. Centralization and Decentralization:- Centralization and decentralization refer to the extent to which decision making power is devolved in an organization, or the degree of delegation of duties, power and authority to lower levels of an organization. Organizations which have a high degree of delegation of power are thought to be decentralized. Organizations which have a lower degree of delegation of power tend to be centralized. A decentralized structure often means power over both operational issues and strategic direction is devolved to lower levels in the hierarchy. Matrix Structure:- An organization which has a Matrix structure contains teams of people created from various sections of the business. These teams will be created for the purposes of a specific project and will be led by a project manager. Often the team will only exist for the duration of the project and matrix structures are usually deployed to develop new products and services. The advantages of a matrix include that, individuals can be chosen according to the needs of the project. Project team which is dynamic and specialist are brought together in a new environment to view problems in different ways. Project managers are directly responsible for completing their project in a specific time and budget. Whilst the disadvantages include: A conflict of loyalty between line managers and project managers over the allocation of resources If teams have a lot of independence can be difficult to monitor. Costs can be increased if more managers (i.e. project managers) are created through the use of project teams. Organizational Culture:- Culture basically refers to the norms, values and behavior adopted by the organizational members during the working. When the members of an organization join the organization they adopt particular culture of an organization. Every organization has different culture depending upon their situation of working and the nature of their business. From the culture of organization one can assume the operating environment and working behavior of employees. Types of Culture:- Power Culture Within a power culture, control is the key element. Power cultures are usually found within a small or medium size organization. Centralized Decisions making are found in the power culture organization. That person likes control and the power behind it. As group work is not evident in a power culture, the organization can react quickly to dangers around it as no consultation is involved. However this culture has its problems, lack of consultation can lead to staff feeling undervalued and de-motivated, which can also lead to high staff turnover. Role Culture Common in most organizations today is a role culture. In a role culture, organizations are split into various functions and each individual within the function is assigned a particular role. The role culture has the benefit of specialization. Employees focus on their particular role as assigned to them by their job description and this should increase productivity for the company. This culture is quite logical to organize in a large organization. Task Culture A task culture refers to a team based approach to complete a particular task. They are popular in todays modern business society where the organization will establish particular project teams to complete a task to date. A task culture clearly offers some benefits. Staff feels motivated because they are empowered to make decisions within their team, they will also feel valued because they may have been selected within that team and given the responsibility to bring the task. Person culture Person cultures are commonly found in charities or nonprofit organizations. The focus of the organization is the individual or a particular aim P2:- Analyze the relationship between an organizations structure and culture and the effects on business performance. Task for P2:- Here you will discuss how organization culture and structure affect the organizational performance positively or negatively. This should be attempted as a continuation of P1. Organizational Culture and Structure creates a number of various concepts, strategies, and situations which affect every level of planning when it comes to any type of hierarchical institution. The implications of organizational structure and culture apply to companies, corporations, charitable organizations, governments and even sports/organizations. Organization Culture and structure affects the organizational performance both in positive and as well as negative direction. In positive sense the organization culture and structure creates the distinctions between one organization from the other and also it defines the boundary role to the same organization. It provides a sense of identity for the organizational members on the basis of which the employees work betterly for the achievement of organization goals. This organization culture and structure can generate commitment of employees towards the organization. As the culture represents the norms and values of the society so it can enhances the stability of the social system inside organization. The organization which has a strong culture will have good working environment in which the employees shared different norms and values. The culture and structure also provides appropriate standards of working environment. The organization culture and structure shapes the attitude and beha vior of employees and it also serves a sense of making and control mechanism. Every organization has policies according to which the employees work by following certain rules and regulations. These rules and regulations of the organization can be bitterly formed by accessing to organization structure and culture. This organization structure also shows the responsibility for each employee which reflects that who will be reported to whom. Through strong organizational structure, the organization will have to make right decisions at the right time. The organization structure and culture has also negative impact on business performance. The same culture becomes liability when the employees do not agree to share their values with others which raise conflicts. When the organization environment is dynamic then this can affect the business effectiveness. If the organizational structure is complex one then the decision making process in that organization will be very slow and also there will be centralized decision making in which the lower level employees will not be entertained. P3:- Analyze the factors which influence individual behavior at work. Task for P3:- In this area discuss the factors that influence behavior at work, your answer should focus on personality, traits and types, its relevance in understanding self and others There are many factors that influence behavior at work for instance difference in opinions of individuals but the most important are personality and perceptions. Personality is defined as the characteristics and distinctive traits of an individual and the relation between them and the individual response to the situation and adjusts to other people. This include big five factors of personality dimensions known as OCEAN that influences behavior at work which is given in the table below. Personality dimensions and the poles of traits they form. Based on Costa McCrae (1992: 14-16, 49). Personality dimension High level Low level Neuroticism sensitive, nervous secure, confident Extraversion outgoing, energetic shy, withdrawn Openness to experience inventive, curious cautious, conservative Agreeableness friendly, compassionate competitive, outspoken Conscientiousness efficient, organized easy-going, careless Neuroticism is a measure of affect and emotional control. In the given table high level neuroticism shows sensitivity and nervousness those experinces negative emotions. They more frequently become unstable, worried, temperamental and sad. Resistant persons on the other hand need strong stimuli to be provoked where as low level shows confidence, emotional stability and active at their workplace. Extraversion dimension presence in high level in an individual shows outgoing and energetic. They are physically verbally active. The opposite of extraversion known as introverts or low level presence tend to be more independent, reserved, steady and like being alone. Extraverts are adventurous, assertive, frank, sociable and talkative. Introverts may be described as quiet, reserved, shy and unsociable. Openness to experience is a measure of depth, breadth and variability in a persons imagination and urge for experiences. Individuals with a high openness to experience have broad interests, are liberal and like novelty. The preservers with low openness to experience are conventional, conservative and prefer familiarity. Agreeableness individual can be described as altruistic, gentle, kind, sympathetic and warm. Person with high level are friendly, compassionate and able to work in team. Whereas low level are more competent and outspoken. Conscientiousness is scale of goal oriented and control over impulses. Individual with high level are more organized and efficient. They focus on limited goal and strive to achieve these goals. The focused person concentrates on a limited number of goals but strives hard to reach them, while the flexible person is more impulsive and easier to persuade from one task to another. The more conscientious a person is, the more competent, dutiful, orderly, responsible and thorough. Personality can be regard as the most complex aspects of human being that influences behavior in big way. Personality traits offer an opportunity to the organization to understand the individuals behaviors and directing their effort and motivating them for the accomplishment of the organizational goal P4:- Analyze how organizational theory underpins principles and practices of organizing and of management. Task for P4:- Discuss the major organizational theories and discuss their salient features (focus on functions of management, managerial roles, and managerial authority) Please see the course contents for detail. Management The attainment of an organizational goal in an effective and efficient manner through planning, organizing, leading and controlling organizational resources. Planning It is the on going process of developing the business mission and objectives and determining how they will be accomplished. Planning includes both the broadest view of the organization, e.g. its mission, and the narrowest, a tactic for accomplishing a specific goal. Organizing Establishing the internal organizational structure of the organization. The focus is on division, coordination, and control of tasks and the flow of information within the organization. It is in this function that managers distribute authority to job holders. Commanding Fayols called this maintain activity among the personnel, it involves instructing and motivating subordinates to carry out tasks. Coordinating This is the task of monitoring the activities of individuals and groups within the organization, reconciling differences in approach, timing and resource requirement in the interest of overall organizational objectives. Controlling It is a four step process of establishing performance standards based on the firms objective, measuring and reporting actual performance, comparing the two and taking corrective or preventive action is necessary. Managerial Roles A role as defined as an organized set of behaviors belonging to an identifiable office or position. Thus actors, managers and others play roles that are predetermined, although individuals may interpret them in different ways. Interpersonal Roles Figurehead The manager is a symbol, obliged to perform a number of duties. He represents the organization in various ceremonies etc. Leader Managers select and trained the team members. He/she used to motivate the team to achieve pre defined goal. Liaison Manager duty is to communicate with people outside the work unit trying to coordinates two project groups. Informational Roles Monitor The monitor involves seeking current information from many sources. The manager acquires information from others and shares it with concerns people to stay well informed. Disseminator The managers send external information into his organization and internal information from one subordinate to another. Spokesman The managers transmit information out to his organizations environment to speak on behalf of the organization. Decisional Roles Entrepreneur The manager acts as initiator and designer of much of the controlled change of the organization. By using the monitoring role, he seeks opportunities, sees problems, and initiates actions to improve situations. Disturbance Handler The manger role involves resolving conflicts among subordinates or between the managers departments and other departments. Resource Allocator This role of manager involves deciding about how to allocate people, time, equipment, budget and other resources to attain desired outcomes. Negotiator Managers participate in negotiation activities. Managers represent department during negotiation of union contracts, sales, purchases, budgets, represent departmental interest. Managerial Authority The formal and legitimate right of a manager to make decisions, issues, orders and allocate resources to achieve organizational goals and objectives. Managerial authority is the position that empowers a manger to exercise command and control over those placed under him for realization of the assigned role in an organization. Originally, the overall authority is centrally vested in person of the manager. However, it is not possible for a single man to effectively execute and monitor each and every task. Therefore various functions with a suitable quantum of authority are devolved downwards to concerned subordinates for better and convenient output. The practice also provides a rationale for organizational Tree specifying various powers and responsibilities in both vertical and lateral hierarchy. P5:- Compare the different approaches to management and theories of organization used by two organizations. Task for P5:- This will be the comparative analysis of the two organization, you will do the comparison with another organization (assigned to another group). This will be covered through the presentation. You must give soft and hard copy of your presentation to the teacher. Functional Theory Followed by SNGPL:- Organizations must make choices to organizational approach how to perform their work. There are five common methods used by management to perform work i.e functional, divisional, matrix, team, and networking. Each organization have follows different ways according to their needs and requirements. For instance Sui Northern Gas Pipe Line uses functional approach which is the simplest form of organizational structure. Below is an example of management of sui northern In functional structure approach the features are well defined the channels of communication and responsibility. By following such structure by SNGPL it improves productivity, minimizes duplication of employees and also simplifies training of employees. There are some drawbacks of functional structure approach as it is narrowed perspectives which causes reduce cooperation. Decisions are slow to take place because of many hierarchy layers in which authority is more centralized. This kind of structure only gives employees experience in only single field they dont have the opportunity to oversee all the firms operations. Divisional Theory Followed by Disney:- On the other hand management of Disney follows divisional structure compare to sui northern to keep track of their operation. Below in an example of Disney management structure. In large firms like Disney its difficult to keep track of all the activities for that purpose specialized departments are developed which is divided according to the organizational output this grouping of organizational structure are called divisional structure. It makes performance easier to monitor which allows managers to better focus on recourses and results. This kind of structure may cause duplication and create competition among the division due to limited resources. M1:- Discuss the organizational structure and the prevailing culture in the Organization under study. Also discuss how the structure and culture affect the performance of the business. Task for M1:- This task should be taken as continuation of your answers to P1 and P2; Here you will discuss what is the prevailing structure and culture in the organization. This will be seen with the view that you can see the application of the concepts in real life. Organization Structure and Culture in HBL and UBL Culture and Structure of HBL:- Organizations have their own structure and culture. If there is any informality in the organization culture and employees believe that they are a part of organization then behavior effect positively. Culture and structure is very important for an organization in a culture there are many people belong to different groups and the structure of organization is made from the people if there is unity of command, Span of control and intrinsic motivation so it effect the motivation level of the employees. In organization if they have a good culture and they have the good social norms, values and ethical behavior so culture automatically control behavior .Culture is develop by good social norms, good contents, good peer group and culture cannot be reinforced, it is link with the inner behavior and change is also continuous process. In organization good and positive behavior controls the culture aspects. Culture also pushes the member to behave in a way that is counter to the formal mission an d goals of organization but it can be changed through inter personal skills and good behavior. In organization good, positive and progressive culture and structure is shared among the people. Organizational structure is the way in which the interrelated groups within and organizations are set up to allow them function smoothly from a large stand point. The two main purpose of successful organizational structure is to ensure effective communication between various parts of the company, as well as to increase coordination between different departments. Culture Structure of UBL Culture and structure is important in organization but each organization has their own structure and culture. According to this organization, there is not a specific culture in organization but through employees and their related environment culture is develop. They develop their own culture according to their own requirement. Culture controls the behavior of employees according to their nature which accepts the efforts to that culture. They develop that culture which they need. Culture depends upon the nature of employees it develop the behavior of employees according to that culture. Culture does not remain the same but the unwanted culture will changed according to mew environment. In organization culture is made when employees share their own culture. In this organization the bureaucratic structure is used .Employees r not involved during taking of the decision they are totally depended upon the orders of their boss. Through structure it is easy for the organization for placement of employees, staffing and they also know how many employees are required for the jobs in organization. In the absence of structure some difficulties occurs for the organization that how many employees they need for the job and how they control the organization. Factors Influencing in Both Organization Culture and structure is important in each organization because through good culture there is friendly environment between the manager and employees. And through good structure the organization runs fast towards its objectives and can achieve the goals easily. In both organization culture developed by sharing their own culture which is very effective for both organization because by communication with each other and sharing their views least conflict occurs between the employees and manager. Through this friendly environment occurs which helps organization to run as high as they want. In organization the bureaucratic structure should be avoided and during decision making employees should involved because under this structure employees cannot work by their heart. They take their work as a burden. Under this structure organization cannot run towards there goals as fast as they need for their success because employees are not motivated by this structure they do not share their views, th eir ideas among them selves. This structure has negative effect on organization. It can be good thing in small doses especially in tackling issues that will become recurring themes in large businesses. Through good culture and structure employees are motivated and they share their new idea. They help each other and also solve the problems of organization. A fully healthy organizational culture and structure is exactly what should be expected when all is functioning normally M2:- Discuss what approach of management adopted by the organization, with Focus on management functions, roles and authority. Task for M2:- Here you will apply the concept of organizations theory and what is being discussed in P5 and apply your knowledge to the organization under study. Management Functions:- Planning:- Objectives of HBL Following are some main objective of HBL To earn profit for the Bank itself and maximize its shareholders value. To provide solutions for multiple requirements of clients of diverse financial nature To manage with the changing trends of the modern day financial market To be a diversified bank by offering all basic consumer services and specialized services Honest and ethical conduct, including ethical handling of actual or apparent conflicts of interest between personal and professional relationship. To provide employment opportunities to people To help in development and industrialization of the country Mission Statement:- To make our customers prosper, our staff excel and to create value for shareholders. Leading functions in HBL:- Motivation:- Managers of HBL motivate the employees by providing free medical treatment, free education and incentives to them. Resolving Conflicts:- Managers of HBL always try to resolve conflicts among employees. Giving importance to their opinions. Giving new ideas for solving problems. Sometimes giving group tasks to employees. Managerial Authority In HBL CEO Give orders and issues polices to the managers. Then further the managers forward these instructions and policies to their subordinates and so on. All of them accept and obeyed those instructions/polices/orders. Managerial Role:- Spokesman: Spokesman of HBL attending the seminars outside the bank and negotiating with the people in banking issues. D1:- Discuss what problems the organization can face in the performance areas and what is your suggestion/solution to the problem. Task for D1:- You must identify some problems observed regarding organizational structure and culture (there is no organization which is flawlessly perfect). You will give your recommendations and justify your recommendations in light of the management knowledge you have gained in the class. Problems:- The basic objective of organizational structure is to establish a network of relationship among the different level of employees. When the structure becomes so tall and complex one then the problem arises that how those employees will keep a permanent network of relationship. This problem will also have certain impacts upon the decision making process of an organization. The organization structure also keeps coordination between different departments/units. Sometimes the responsibility of one unit mixes with another unit which affects the units in achieving their goals as in case of selling and marketing department. Through organizational Culture the employees shares the values, belief, norms and symbols during working. The problem arises when there is diversity of work force. Problem arises when culture is dynamic. Rituals, stories, symbols, ceremonies and also the rules of organization form the culture of organization. These all are subjective in nature and having different perceptions during different timing so sometimes the problem arises that it misguides an individuals. Recommendations:- The organization should focus on participative and pre active work of management through which the organization can easily analyze the problems. The participative approach will also be effective in keeping relationship among the employees and as well among the different unit of organization. When there will strong relationship then the decision making process will also be quick. The organization should focus on training and development in order to guide the employees regarding the culture of organization. Through training and development the employees will come to know about the norms, values, beliefs and symbols which should be adopted during the working. In order to minimize the problem related to workforce diversity the organization should guide their employees by having a dynamic culture. D2:- Discuss your recommendations which should use the synthesis of different approaches, this should also include the convergent and lateral thinking. Task for D2:- In this task you will come up with recommendations for the organization theory for the organization. We will encourage amalgamation of two or more approaches considering the environment in which the organization exists. In addition we will also appreciate your approach towards the solution you are recommending as it should a) solve the organizational problem, b) should also consider the internal and external environment requirement. Approaches followed by the Managers:- There are different approaches which are followed by the managers in order to solve the problem arises inside an organization. There are many factors which will determine the structure and culture of an organization. If the organization size is so large then it will be difficult for the organization to keep the structure tall. The management encourages the flat structure and decentralized decision making for those large organizations for the smooth operation of an organization. On the other side if the size is small then it will be better to use the tall structure and centralized decision making. Assessment Brief Unit and Assessment Details Course Title: HND Business Unit Name: Organization and Behavior Assessor: Ms. Neelam Marwat Internal Verifier: Mr. Sajid Fahim Assessment Titl

The Reasons To Enter Vietnam Economics Essay

The Reasons To Enter Vietnam Economics Essay 1.0 Introduction Vietnam located at the eastern part of the Indochinese Peninsula and the center of South East Asia and a tropical country of the northern hemisphere. The government is runs by the Communist Party of Vietnam. In 1995, the population size in Vietnam reached 74million, ranking second in South East Asia, seventh in Asia-Pacific Region and twelfth the world over. The population size was then increased to 95 million people in the year 2010. Vietnam count as a poor country if refer to its own country GDP per person. After Dot Moi came, the national economy has improved at a high rate thus it improved the living standards and national income of local people as well. The country is one of the fastest growing economies in global which had shown a consistent growth rate in the recent years. While according to World Economic Outlook of the International Monetary Fund in 2011, the GDP of Vietnam was increased per capita and develops from lower- income country to middle-income country (Richard Rou sseau, 2011). Coca-Cola entered Vietnams market at 2004 and produced its own vitamin-packed energy drink along with some familiar brands such as Joy, Fanta, Sprite, and others for the local consumers. Besides, Coca-Cola builds three production plants in Hanoi, Da Nang, and Ho Chi Minh City. Reasons to Enter Vietnam At 2004, Coca-Cola made its first move out from Africa, they decided enters to the Asias markets which include Vietnam. These acquisitions were in line with the Groups growth strategy to expand into emerging markets, in order to underpin the organizations position as an Emerging Markets Specialist (Coca-Cola Sabco History, 2009). The first move of Coca-Cola into Vietnam is based on the new emerge and rapid growth of economy in Vietnam. As the rapid population growth and improvement of economy in Vietnam, Coca-Cola took the opportunity to enter their market. Vietnams economy was growing at between 4% 8% after recovery from the Asian Financial Crisis of 1997.The enhancing of living and educational standards of Vietnamese help in providing employment opportunities to them. The entry of the firm in Vietnamese market able in enhance the economic development and create some job opportunities for the local people. As the soda consumption has reduced in the U.S., Coca-Cola is one of the soft drink industries that increasingly looking to expand their business in countries where there consist of higher national income rate and huge population (Bloomberg Business week New, 2012). This news had shown the reason that Vietnam still able to encourage more investment from Coca-Cola in Vietnam. Moreover, Vietnam relies on the petroleum industry for its local energy consumption and for export; it will cause the economy of Vietnam more stable and attracted many foreign companies direct invest in Vietnam. This had attracted Coca-cola to enter Vietnam markets at 2004. Moreover, the payment for employees in Vietnam is quite low, therefore, it attract foreign companies moving into Vietnam instead of traditional market such as China, India, and Thailand. These all reasons push Coca-Cola chooses Vietnam and made it first move into it to operate its plants there. 2.0 Analysis Gains of entering into a foreign country Political Stability Entering into a foreign country such as Vietnam consists of gains and shortcomings. One of the advantages to enter Vietnam is its political stability. According to Mr. Philippe Delalande in 2010, he mentioned that political stability is one of the factors that have helped Vietnam pursue its economic development policy. Others view from George E. Kobrossy in 2013, General Director of Zamil Steel Vietnam (ZSV) also mention the advantages which help in attracting foreign investors to the country is Vietnams political stability, administrative reform and its efforts in upgrading infrastructure facilities. Coca-Cola faced problems to enter some countries few decades ago due to the politic issues that happened in the country. Standage (n.d) said that Coca-Cola did not exist in the former Soviet Union (Russian) because they worry that the revenue would go transfer to communist government coffers. While Webster (n.d) mention that Coca-Cola not enter French society because Coca-Cola was a mar k of capitalism and a difference between capitalism and communism during Cold War.US brand like Coca-Cola found itself pester in politics, or singled out for criticism although they are not trying to get involved in politics, said Webster. Thus, for the obvious reason, Coca-Cola reentered Vietnams market because of the political stability after Doi Moi (reformation) policy as they feel more assurance in expanding their business in a stable politic country. Foreign Direct Investment One of the gains of Coca-Cola is that Vietnamese government provides many investment incentives for foreign investors, the corporate income tax is low compared to other countries in South East Asia (standard rate is 28% and preferential rates from 10% to 20%). The Foreign Investment Agency reports that by 15 December 2011 Vietnam had attract more than 13,667 foreign investment projects, with a total capital of around RM612 billion (Foreign Investment Agency, 2011). Foreign-invested companies including Coca-Cola accounted for around 27% of the countrys exports, 35% of the countrys total industrial productivity, constituted 13% of GDP, and contributed around 25% of total tax incomes (Vietnam Investment Review, 2001). Thus, there are about US$300 million was announced to invest in Vietnam by Coca-Cola for further capture growing opportunities in one of the most developing consumer markets (Staff, 2012). Under commitments made by Vietnam as part of its agreement to the World Trade Organi zation, Vietnam offered foreign enterprise which included Coca-Cola the general right to import products and sell them to licensed distributors. The process to obtain an investment certificate for foreign-owned company is much easier now. Low labor cost Vietnam is gaining competitive advantage for labor-intensive production industry on the basis of low salary level (Meyer, 2005). In the research on labor costs, Japan labor cost in one month is $1,810, continue by $1,144 in Singapore, $82 in Indonesia, and then Vietnam rank the second lowest place which is US$49 a month and follow by the highest is Cambodia with $47.36 (EuroCham, 2010). Coca-Cola who has chosen to set-up regional offices in Vietnam help Vietnam proven the extensive labor pool is competitive in the market (GLC, 2007). According to the information collected, we found that Coca-Cola Vietnam invest in Vietnam to help boost the local business sales and created 500 new jobs locally in Vietnam while the total labor force that gain this benefit is 99 percent of local Vietnamese (Staff, 2012). This high percentage use of labor force proves that Coca-Cola Vietnam is afforded to hire more local employees due to their low labor cost or low wages. Low production Cost Coca-Cola entering Vietnam because one of the gains is they can exempted from import duties to build fixed assets, such as bottling machinery, means of transport, and production materials that are not produced locally. Additional exemptions are available for raw materials, parts and materials imported for production of goods for export. Coca-Colas revenue in central Vietnam had witnessed a double digit growth over the past few years; three bottling plants of the company produce more than 608 million liters per year in Vietnam (Nordic Industry Development, 2012). Therefore, Coca-Cola beverages Vietnam invested over $3 million into its second Danang-based purified bottle water production chain, with a capacity of up to 6,000 of 500ml bottles per hour due to the low production cost they gain in Vietnam (Nordic Industry Development, 2012). Variety Product Lines that meet Vietnameses Beverages Need Coca-Cola enters Vietnam as they met the demand for hydration, nutrition and energizing refreshment of their customer in Vietnam. Coca-Cola has variety brand of products in Vietnam such as Coca-cola, Coca-cola Light, Fanta, Joy, Minute Maid, Dasani, Real Leaf, Samurai, Schweppes and Sprite. Joy is bottled water drink that pure and has the largest share of 32% compare other brand that company produce. Coca-Cola has the second largest share of 23% continue by Sprite with the percentage of 18% and Fanta which has 17%. Other brands like Samurai obtain 5% from the market share while Minute Maid and Schweppes each occupied 2.5% (Soft drink-Vietnam, 2010). They offer high quality product that meet the need of their target market. For example, Samurai is targeted on the underserved market which is the Vietnamese male adults who need an energy boost, as most of them have heavy workloads. This vitamin-packed energy drink is fortified with six essential B vitamins and has an exciting and refres hing taste with a carbonated, sweet flavor that appeals to the Vietnamese palate and popular among the target group. (Coca Cola Sabco, 2009) Shortcomings of entering into a foreign country Unable to generate wholly-owned subsidiary business One of the shortcomings of Coca-Cola in Vietnam is that foreign-based companies are generally not able to have wholly-owned subsidiary without production in the country. Therefore, importers would normally cooperate with local partners. (Nguyen Meyer, 2004). This had caused Coca-Cola lost a great opportunity in generating more profits. Coca-Cola started-up their bottling plants through joining venture with local Vietnamese partner using the name of Coca-Cola Vietnam. (DDDN, 2013) With the holding only 60 percents of the venture, Coca Cola has limited control over the resources, information and financial leverage to expand their business model and caused this business to be unprofitable. (à lvarez, 2003) According to Ho Chi Minh City Department of Taxation, Coca-Colas cumulative losses are US$180.6 million, even bigger than its equity of US$141.6 million and Coca Cola was doubted that having transfer pricing. (TuoiTreNews, 2012). Limited Control There a major part of Vietnamese business still owned and controlled by the government and local authorities although there is dramatically growth of private business in Vietnam in recent years (Embassy, 2005). State ownership is still dominant, and issues like informal business practices or land leasing still cause headaches to foreign investors. From the information we analyze, we believe that Coca-Cola also face more difficulties in accessing bank financing, land, and other critical resources that private and smaller enterprises faced the same problems (Tenev, 2003). Coca-Cola as a foreign investors enter Vietnam this Communist country need follow their culture and unfortunately control as well as restricted their business operation in order to continue survive in Vietnam. We believe that Coca-Cola need to have personal relationships in order to sustain their business under Vietnams control because there are some enterprises also follow the same culture with Coca-Cola. There are 4 0 percent of the enterprises believed they had to have personal relationships to receive allocated and transferred lands if regarding to the land use procedures (Vietna.net Bridge, 2012). Drinking Water Problems The last shortcoming of entering Vietnam is about drinking water problems. Drinking water is a key element for healthy life and it is a cornerstone for sustainable community. Most of the consumers of beverages who are concern of the water resource and it will directly affect their purchase decision. (Dickson, 2005)Thus for this obvious reason, Coca cola acknowledged that clean water is critical to operate in sustainable community like Vietnam. In many part of Vietnam, clear water is still a dream. However, Coca-Cola wasted 2.43 liters of water just to produce 1 liter of beverage on average. (Kenan Institute Asia , 2010) Thus, it has given a big impact toward the environment. Our business can only be as healthy as the local communities where we operate; access to clean water is one of the most important barometers of a communitys health. by Muhtar Kent, Chairman and CEO, the Coca-Cola Company. Coca Cola also understand that the issue of water wastage for the production not only affect s the ecology and environment but it affects the corporate image of their company as well. 3.0 Recommendations In past decades, Coca-Cola adopted joint venture with the local partners to penetrate into the Vietnamese market. However, many partners had quit the venture as they unable to bear with the consecutive  loss made. These losses are basically caused by the unnecessary spending and poor cash flow in the business. Thus, in order overcome the problem, jointing venture with local partner such as Chuong Duong Beverage Co. is not sufficient to expand their business efficiently, Coca-Cola should joint venture with other foreign firms who are large enough to support them in term of financial and management as well as serve the demand of the market. For instance, the PepsiCo. has jointed venture with Japanese beverage and wellness company Suntory Holdings Ltd. in Vietnam in order to sustain long term growth in Vietnamese market. As Suntory has a consolidated business foundation in South-East Asian markets, PespiCo is boosting its current market position in order to compete with their competit ors. (RTT , 2012) Beside, In order to generate more revenue, Coca-Cola should follow the footsteps of FedEx to consider in application for wholly-owned subsidiary. FedEx is expected to be the firm that having 100 percents of subsidiary in Vietnam. This could help them to have long-term commitment in Vietnamese market as they able to take advantage in this growing market. (Linh, 2012) In order to solve the limited control problems, Coca-Cola can establish a harmonious relationship with the local authorities since it easier to solve bureaucratic problems if and when they occur especially in Communist country. Relations with local and central authorities can be developed as cooperative relationships, and networking and building personal relationships is recommended to expand their business in Vietnam. Coca-Cola Company should build a close relationship with government so that they will provide more subsidies and privileges to Coca-Cola including the decreasing cost in power usage and cheaper raw materials. Gifts to the appropriate persons and doing more charity to the poverty residents may enhance the atmosphere and smooth the business process given that sending presents is part of traditional Vietnamese culture. Coca-Cola spent over 5milions to 2.1 billion populations in Pacific for the effort of managing the clean water resources with the Community Water Partnership (CWP) program .For example, in Vietnam, Coca-Cola enhances their corporate image and improving the water quality through the Plain of Reeds Wetland Restoration Project and Clean Water for Communities (Phase II), more than 10,000 Vietnam residents able to access to the clear water through. (Staff, 2012) However, these programs dont really have a significant improvement to clean water issue. Thus, in order to achieve efficiency and effectiveness for the business and production operation, Coca-Cola needs to have advance water recovery system besides their CWP program. Water resources always is the global challenges for the beverages company especially operate in country like Vietnam who facing serious issue of clean water. Indeed, Coca-Cola claimed that the technology that they developed not only can reduce operational water needs but it also improves water use efficiency by up to 35percents. (The Coca Cola company, 2012). However, we believe that this technology can be improved by learning from competitors innovation such as PepsiCo. With the helping of Siemens Industry Automation Division PepsiCo has installed an integrated reuse solution at Santiagos snack plantation. It helps the manufacturing facility in increasing its wastewater treatment capacity by 20percents and it is a beneficial technology that incorporating environmental. Besides, the system will reduce 70 percents of fresh water consumption. (Warrendale, 2012) Nonetheless, as we all know these two giant beverage companies were competed aggressively in the industry over a century. Additional, one of the competitive advantages of these companies to retain their uniqueness is their innovation and technology. Therefore, if these two companies could alliance themselves in term of sharing their technology among themselves to solve the water wastage issue it could bring a better water quality to Vietnamese as well as enhances their production especially the bottling process. Since they have the same interest, they can cooperate under the Strategic alliance basis. Strategic alliances are agreements between companies that remain independent and are often in competition. (R.J., 1999). Many alliances are designed in order to seek for improvement in volume, divide fixed costs of production and distribution. A very good example Coca-Cola can refer is the alliance of Nestlà ¨ and Haagen-Dazs. We believe we can grow better together than separately said a Diageo spokesperson. Nestlà ¨ would contribute its frozen dessert technology, while Haagen Dazs would contribute to distribution through the network of points of sale with its name. (E, 1999). The alliance of these two companies for production and marketing has allowed Nestlà ¨ sought to build critical mass in the ice cream sector and a way to reduce costs by operating its plants in California and Maryland at full capacity. (Pellicelli, 2003) Besides, further improvement in competitive advantages can be done through improving Coca-Colas variety product lines. As we know few of the Coca-Cola product lines like Samurai, Coke Light, and Joy win a competitive advantage in Vietnams market. If compare to Coca-Cola biggest competitor markets strategy, PepsiCo had entered the food market and earn over $13 million to their business. Besides, PepsiCo also engaged in snack food which brand under Frito-Lay to gain more markets share. Thus, we suggest that Coca-Cola Company also can increase their market share by extends their product brand in snack as what PepsiCo done. Coca-Cola Company can invest in a new snack brand to attract more consumers in the Vietnam food market. This strategy can be effectively and efficiently implement because snack food is commonly consumed by Vietnamese families but Vietnamese will consume snack food that import from United State due to its lower price (What We Eat to Help Us Grow, 2010). Coca-Cola Compa ny can produce healthy snack food with lower price to attract Vietnamese who focus in health such as Frito Lay which their tasting chips are low fat and ingredient all are natural which contain no artificial colors, flavors or preservatives (Pepsico, 2012). 4.0 Conclusion Coca-cola as a global leader in beverages industry offer hundreds of brand over the world had entered Vietnam market by offer quality product that can be trust and fulfill the need of Vietnamese. Coca-Cola Company help people lead to an active and healthy lifestyle by provide the information of the beverages. Coca-Cola Company announcement an investment plan of invest $300 million in Vietnam over the next three years to build new infrastructure, create jobs, develop strong partnerships and build its brands in the country.   In the research, we found that enter to Vietnam market have it advantages and disadvantages. After we analyze, we realize that the gains of Coca-Cola is more than shortcomings after enter Vietnam. In order to overcome the shortcomings, Coca-Cola needs to adopt immediate solution and effective strategies in order to strengthen their market position in Vietnam.

Anna’s Story: Neglect of The Innocent :: Short Story Essays

Anna’s Story: Neglect of The Innocent {Anna turned three years old on November 1st, 2002. We still have gotten no word from Nicole, but my mother seems to think that she is no longer in the state of Tennessee. - S.M, December 2002} Fun, wild, and party loving†¦this all comes to mind when I think of my aunt Nicole. I can’t remember her ever being very responsible, but yet she was my favorite out of my mothers three other sisters. Three years ago, this party girl had a beautiful baby who she named Anna Michelle. Nicole has not seen Anna since she was ten days old. The reason for this is that my baby cousin Anna has been living with my family and I. This is Anna’s story: Anna came into this word like most of the rest of us. She developed inside her mother Nicole’s stomach for nine months, and was successfully delivered on November 1st, 1999 in the Johnson City Medical Center at 4:23am. She was a healthy baby, weighing in at six pounds and 5 ounces, with no defects or sicknesses, and delivery time was a mere five to six hours. Nicole and Anna were doing wonderful, and were allowed to go home that next evening around 8:00. You would think that after nine months of baby planning, Nicole would have everything that a baby would need, like diapers, food, and clothes. But like I said before, Nicole was a true party girl, always living life on the edge and taking the fast road in life, and defiantly never planning for anything, and apparently did nothing of this sort. Nine days later, baby Anna and mommy Nicole were at our front door. Anna had on an old looking nightgown and a dirty bib, and to tell you the truth, her mother Nicole was not looking much better. The diaper bag that Nicole was grasping looker fairly new, but we couldn’t help but notice that it was barley filled. She had only two jars of baby food, and maybe one or two diapers for Anna.

Free Measure for Measure Essays: Social Injustice :: Measure for Measure

Social Injustice in Measure for Measure Social justice is a topic known all to well in today's society. Such issues as social heirarchial structure and unjust representatives of citizens of nations are issues in need of attention by those in power. Corruption, lies and greed by those in power however stand in the way of this form of justice from occurring, leaving many with little or no social status open to prejudice on race, religious and sexual grounds. William Shakespeare illustrates the ease in which power can corrupt in his play, Measure for Measure. In Measure for Measure, a leader corrupts the legal system for his own benefit. Vienna is being lead by Angelo, a name reflecting 'bad angel', and the city has been outraged due to his corrupt ways. The play is based around the court case of Claudio and the injustice delivered to him by the corrupt leader for a crime that some would consider being trivial. Claudio had made love to his fiancée prior to their marriage. At this time in Vienna, this was a crime punishable by death and Angelo was quick to pounce on this fact, sending Claudio to gaol and sentencing him to death. In studies of justice we have learnt that justice depends on the situation and this seems grossly unjust for a couple planning to be wed. After Claudio is sentenced to death, Shakespeare creates an interesting turn of events showing just how corrupt leadership can be. Once Claudio's sister, Isabella, a novice nun approaches Angelo to dispute his decision and begs for mercy, he tells her that in order to save her brother, she will have to give up her virginity to him: Angelo: "Admit no other way to save his life- As I subscribe not that, nor any other, But in the loss of question- that you, his sister, Finding yourself desired of such a person, Whose credit with the judge, or own great place, Could fetch your brother from the manacles Of the all-binding law, and that there were No earthly mean to save him, but that either You must lay down the treasures of your body To this supposed, or else to let him suffer: What would you do?" Isabella: "As much for my brother as myself:

Child Abuse and Neglect Essay -- Violence Against Children

  Ã‚  Ã‚  Ã‚  Ã‚  Maltreatment of children is not a new phenomenon. It dates back far into history, even back to biblical times. During recent years child maltreatment has had an increase in the public's eye. There are many factors to child maltreatment. There are four general categories of child maltreatment now recognized. They are physical abuse, sexual abuse, neglect and emotional maltreatment. Each category, in turn, covers a range of behavior. The maltreatment of children not only affects the children themselves, but also affects the family by making it dysfunctional. Physical Abuse   Ã‚  Ã‚  Ã‚  Ã‚  Physical abuse may be best defined as any non-accidental physical injury by a person who has care, custody, or control of a child. The definition contains two key aspects, the act is intentional or willful, and/or the act resulted in physical injury. Accidental does not qualify as child abuse. (Wallace,29)   Ã‚  Ã‚  Ã‚  Ã‚   Physical abused children do not fit any type of stereotype. Abuse occurs in all neighborhoods. Also, abusers come in all shapes, sizes, colors, and sexes. There are many signs of physical abuse. First the location and types of injuries, many time the parent or care takers will deny any wrong doing or the child has suffered any physical injury. There are always those injuries that consist of a normal childhood upbringing, such as falling of their bike or bumping their head. Then, there are those which they cannot be explained. When caretakers deny any injuries or have no knowledge of an injury, there is a very strong likely hood that physical abuse exists. Here are some of the signs of physical abuse.   Ã‚  Ã‚  Ã‚  Ã‚  Bruises happen for various of accidental reasons. There are also bruises that are tell tale signs of abuse. Bruises have a time clock that can tell when it happened. Also, the location of the bruise can tell a story. Bruises on the front part of the body are often signs of normal bruises from just falling ECT. Bruises found on the back of the arm, leg, lower back, the butt and genital are suspicious bruises and often questioned bruises. Patterned bruising is also a sign of abuse. Normal bruises are in various shapes and sizes. While some bruises that are a patterned show strong signs of abuse. These are bruises that have definite boundaries and sharp and curved edges. For example rope, rulers, hand prints and so on. (wallace,38)   ... ...e long run, parents that were neglected during their childhood often neglected their children. Also, the children that have psychological damage from maltreatment are more likely to indulge in suicide and self mutilation. Nonphysically abused children are more likely to have depression and hopelessness. Children with inappropriate sexual behavior, such as frequent and overt self stimulation are a direct constituency of sexual abuse. Non-sexually abused children later on in life also sometimes show sexual overtones. Sexually abused children may show high levels of dissociation, a process in a product a disturbance in normal integrative functions of memory and identity. Many abused children are able to self hypnotize themselves or space out.   Ã‚  Ã‚  Ã‚  Ã‚  It has been found that abuse as a child has affected their stages of life. Studies have found that abused children have lower intellectual functioning and reduced cognitive functioning. Others have found language skills and verbal ability to be affected by abuse. Also, studies have suggested that today's abused and neglected children are tomorrow's problem adult. We must all work to put and end to child abuse in America. Child Abuse and Neglect Essay -- Violence Against Children   Ã‚  Ã‚  Ã‚  Ã‚  Maltreatment of children is not a new phenomenon. It dates back far into history, even back to biblical times. During recent years child maltreatment has had an increase in the public's eye. There are many factors to child maltreatment. There are four general categories of child maltreatment now recognized. They are physical abuse, sexual abuse, neglect and emotional maltreatment. Each category, in turn, covers a range of behavior. The maltreatment of children not only affects the children themselves, but also affects the family by making it dysfunctional. Physical Abuse   Ã‚  Ã‚  Ã‚  Ã‚  Physical abuse may be best defined as any non-accidental physical injury by a person who has care, custody, or control of a child. The definition contains two key aspects, the act is intentional or willful, and/or the act resulted in physical injury. Accidental does not qualify as child abuse. (Wallace,29)   Ã‚  Ã‚  Ã‚  Ã‚   Physical abused children do not fit any type of stereotype. Abuse occurs in all neighborhoods. Also, abusers come in all shapes, sizes, colors, and sexes. There are many signs of physical abuse. First the location and types of injuries, many time the parent or care takers will deny any wrong doing or the child has suffered any physical injury. There are always those injuries that consist of a normal childhood upbringing, such as falling of their bike or bumping their head. Then, there are those which they cannot be explained. When caretakers deny any injuries or have no knowledge of an injury, there is a very strong likely hood that physical abuse exists. Here are some of the signs of physical abuse.   Ã‚  Ã‚  Ã‚  Ã‚  Bruises happen for various of accidental reasons. There are also bruises that are tell tale signs of abuse. Bruises have a time clock that can tell when it happened. Also, the location of the bruise can tell a story. Bruises on the front part of the body are often signs of normal bruises from just falling ECT. Bruises found on the back of the arm, leg, lower back, the butt and genital are suspicious bruises and often questioned bruises. Patterned bruising is also a sign of abuse. Normal bruises are in various shapes and sizes. While some bruises that are a patterned show strong signs of abuse. These are bruises that have definite boundaries and sharp and curved edges. For example rope, rulers, hand prints and so on. (wallace,38)   ... ...e long run, parents that were neglected during their childhood often neglected their children. Also, the children that have psychological damage from maltreatment are more likely to indulge in suicide and self mutilation. Nonphysically abused children are more likely to have depression and hopelessness. Children with inappropriate sexual behavior, such as frequent and overt self stimulation are a direct constituency of sexual abuse. Non-sexually abused children later on in life also sometimes show sexual overtones. Sexually abused children may show high levels of dissociation, a process in a product a disturbance in normal integrative functions of memory and identity. Many abused children are able to self hypnotize themselves or space out.   Ã‚  Ã‚  Ã‚  Ã‚  It has been found that abuse as a child has affected their stages of life. Studies have found that abused children have lower intellectual functioning and reduced cognitive functioning. Others have found language skills and verbal ability to be affected by abuse. Also, studies have suggested that today's abused and neglected children are tomorrow's problem adult. We must all work to put and end to child abuse in America.

Everything has to evolve or else it perishes Essay

Denial, and acceptance, these words are intertwined with innocence, and the loss of said innocence. In order for one to mature one has to accept the truth and make necessary adjustments. The people who deny the truth don’t experience the â€Å"fall from innocence† and may be blind to the things going on around them. If the innocent chooses to accept the truth the characters â€Å"evolves† and falls from innocence. If a character chooses to deny the truth it will take a toll on the character mentally, or physically. In A Separate Peace, John Knowles uses the archetype of the Fall from Innocence in order to illustrate Leper’s philosophy, â€Å"Everything has to evolve or else it perishes. † He demonstrates this theme through the characters of Leper, Finny, and Gene. Gene is a character in the book who loses his innocence. Gene is smart young man attending attending Devon school. He is best friend’s with Finny. Gene is always competing with Finny, most of the time Finny doesn’t realize this. Finny is oblivious to many of the things going around him and is always happy. Finny’s attitude and the way he carries himself frustrate Gene. Finny is â€Å"perfect† and nothing ever seems to go wrong in Finny’s life. Gene becomes jealous of Finny and begins to resent Finny for trying to sabotage his academics. These feelings of jealousy eventually cause Gene to push Finny off the tree. Gene tries to preserve his innocence by attempting to convince himself that he was not responsible for the fall and that it must have mysteriously happened. The fall shattered Finny’s legs. Deep down Gene knew that he was responsible for Finny’s fall. This experience was traumatizing for Gene. Gene would have to deal with the fact that HE was responsible for Finny not being able to do anything he loved. Gene was responsible for Finny not being able to be in the Olympics, not being able to enlist, and causing Finny to eventually lose his innocence. Gene was directly responsible for his best friend’s problems and he couldn’t ignore it. Gene chose not to enlist to stay with Finny, he chose to train for the Olympics for Finny, he probably would have done more if he had to. Gene did these to protect his innocence, and make himself feel better. He did not want to believe he was responsible and was trying to make up for the fall by doing these. After the fallt things don’t get better for Gene. It isn’t until Leper’s testimony that he must accept what he has done. When Leper confirms that it was not an accident and that Gene was responsible for breaking his best friend’s legs Gene can no longer pretend that everything is fine. Everyone including Finny knew that Gene was responsible. Gene could no longer act like he did not do it. Gene had to cope with his actions and their consequences. Accepting his actions are what lead to Gene losing his innocence. Finny is an example of the Innocent archetype, who â€Å"perishes† when he denies the truth. Finny is a prime example of the innocent, he seeks safety, he is naive and doesn’t understand or want to understand the evils of the world. Finny’s loss comes at the hands of his best friend Gene. Finny’s fall begins when he and Gene decide to jump off the tree and Finny falls off the tree. Finny is an exceptional athlete and has jumped off the tree many times. In his mind nothing like this could ever happen, he’s done things like this many times before, and has done them well. Falling off the tree could have never been his fault and he knew that. That is why he looked at Gene with â€Å"extreme interest† as he fell. Somewhere in his mind he felt that Gene could have been responsible for this but he didn’t want to believe this and chose not to. He could not believe that his best friend could have pushed him off the tree which led could have led to things for more severe than broken legs. When Gene tells Finny that he was responsible for his fall Finny continues to deny this and even apologizes for thinking Gene could have been responsible. Later on in the book when Brinker tries to find the truth about the fall and Finny has no choice but to accept the truth he continues to deny it. Rather than hearing all of the truth, that Gene was responsible for his fall, which would destroy his world he decides to leave the presence of everyone else. Finny’s suspicions were right but he, the innocent boy, can’t accept that anybody would be cruel enough to push him off the tree. As he takes the stairs to leave, he slips and falls. This fall would later be the cause of his death. Finny refuses to grow up, and accept the events taking place in his life, regardless of the evidence that shows his perfect world has many imperfections. His clouded judgement and refusal to accept the truth and evolve eventually leads to his death. Leper’s loss is portrayed through his insanity. Leper was once a sane, quiet boy who was interested in skiing, and went to school with Gene, and Finny. One day Leper found out that the army had skiing patrol and his passion for skiing lead to him enlisting in the army. Leper’s decision to enlist in the army was not influenced by the possible consequences and responsibilities of the war but by his passion to ski. Leper was not aware of the reality of the war, and what was going to happen once he enlisted. His innocence led him to believe that nothing bad could come from the war and he would only be skiing. Once he faced the reality of the war Leper could not handle it. The traumatic experiences from the war led to his insanity and him leaving the war. Leper was a timid, innocent boy who had not been exposed to the horrors of the real world and the war. Once he enlisted he had to face a world that he could not handle, his innocence was lost. In A Separate Peace three boys, Finny, Gene, and Leper all experience a â€Å"Fall from Innocence. † The three characters have to deal with circumstances they have never dealt with before. Not prepared to handle these events they experience a â€Å"Fall from Innocence. †