Thursday, October 31, 2019
Art Critique Essay Example | Topics and Well Written Essays - 500 words - 1
Art Critique - Essay Example Although the miniature tea kettles are not strictly geometric in form, they are placed in such a way as to make the most of their geometric attributes. For example, the artist has placed a column of tea kettles vertically aligned along the bottom right edge of the piece to emphasize their circumference. Another squat tea kettle is placed with its bottom attached to the back piece so as to emphasize its round opening at the top. This large piece stands vertically aligned on the wall like a misaligned small coffee table. The artist works almost exclusively with found materials thus reflects the cast off detritus of society at the same time that he presents these pieces as shining new. The eye is kept moving through the piece thanks to strategic use of line. None of the straight lines created are permitted to exist in horizontal or vertical alignment with the exception of the underlying frame. Most angles are oriented on the diagonal and interrupted in some way by a circle. The composition suggests a haphazard tea table complete with tea cups, saucers and kettles with a few cubes available here and there for a suggestion of sweetener. However, the artist also plays with the aspects of dimension available in the medium, allowing some of these elements to protrude while others sink into the surface. This multi-dimensional piece thus encourages the level of activity and discussion one might expect to find at a t ea party. Kai Bob Chengââ¬â¢s ââ¬Å"Self-Portraitâ⬠is an undated mixed media piece that attempts to convey something about the artistââ¬â¢s interpretation of himself. The image is presented in the traditional form of a portrait complete with an aged and ornate frame and a golden-colored background. Within this frame, and even partially overlapping it, is the seated figure of the artist. This figure is created with the use of paint, wires and other found objects. A set of letters is stenciled across the middle of the image
Tuesday, October 29, 2019
Government Current Event Essay Example for Free
Government Current Event Essay Being one of the future teachers of Texas, it is important for teachers/students as well as parent to understand what their children are learning in school. It is most especially important for the parents to participate with their children at home. But at the same time all states shouldnââ¬â¢t be the same when it comes to a lot of things, one of them being education. The Common Core Learning Standards/Common Core approach sets ambitious goals for math, reading and writing skills as children move through school. The Common Core has already been adapted to 45 states; Alaska, Texas, Nebraska, Virginia, and Minnesota are not included. This means that these 45 states are now spending a ton of money on new books, new teachers/staff/principals, and some are implementing intense trainings for current staff. Both teachers and staff are going through the pressure of having to be constantly watched and monitored to make sure they are meeting the scores, otherwise they will get fired. In chapter 3 of The Struggle for Democracy, federalism is the division and sharing of powers between the federal and state government. The topic of Common Core and how itââ¬â¢s getting implemented to the school is a state government issue. But having put more thought into the issue, this is actually in some way a federal government issue. Yes the state government votes ââ¬Å"for the peopleâ⬠on whether certain states should even implement the program, but the federal government is the one that will be funding the actual program. Which is a perfect example of what it talks about in our reading of Chapter 3 in The Struggle for Democracy of how the U.S government is a central government; we share powers between the federal/states government. The Common Core issue must be settled with not only the states government but also the federal government. This is an important topic because, as a future teacher and a future mother, in some way it relates to all everyone. Our education and how itââ¬â¢s funded is so poor right now because the people just arenââ¬â¢t informed. We must get informed in order to get educated. I do believe in the quote ââ¬Å"The children of today are the people of tomorrow.ââ¬
Sunday, October 27, 2019
Contract of Hire Purchase Answer
Contract of Hire Purchase Answer FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (ââ¬Å"the defendantsâ⬠) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ââ¬ËNuffieldââ¬â¢ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss Daly and Mr Dobson for repayment of arrears, and interest thereon, for the period from 3rd January to 3rd April. I am asked to advise whether Miss Daly and Mr Dobson are still bound by the terms of the hire-purchase contract, and if not, what type of compensation they may recover by way of damages. Conclusions In summary, I would advise that the defendants were entitled to disregard the hire-purchase contract after they found out the representations of Mr Stone about the fitness of the ââ¬ËNuffieldââ¬â¢ for the intended type of work were false. That this right probably subsisted and was exercisable on the 16th January 2006 but can only be determined with further information. The compensation available largely depends on the success of the rejection action. If the defendants are successful then they will be able to recover their money that they have paid and hand back the knitting machine as if they had never been in the contract. If they are unsuccessful they will be left with the residuary claim in damages for the purchase price of the ââ¬ËNewmarkââ¬â¢ knitting machine and breach of contract but will be liable to keep paying the hire-purchase contract. I have also advised that some more investigation may be required to ascertain whether any further losses have been incurred. Finally, I have been cognisant of Miss Dalyââ¬â¢s concerns surrounding the high APR of the hire-purchase agreement and have therefore attached a consideration of whether the bargain may be considered extortionate. Contract On the 3rd October 2005 the defendants went to Saffron Supplies in Sandwich. They entered into a hire-purchase contract for the supply of a ââ¬ËNuffieldââ¬â¢ knitting machine for their fashion design business. According to Miss Daly, their business specialises in the knitting of thick wool garments. They took samples of their wool and made it clear to Mr Stone that the sewing machine had to be capable of knitting those types of fibres. Mr Stone replied that the machine was ââ¬Ëman enoughââ¬â¢ to handle such fibres and on the back of which the defendants entered the hire-purchase contract with Foundling Finance Limited. A matter of importance in the formation of this contract is whether or not you entered as a consumer. If youââ¬â¢re not then clause 12 of the hire-purchase contract may exclude any implied term of fitness for purpose. It appears as though the key matters are whether the contract is one which is regularly entered into by the buyer or bought for a distinctive business purpose (R B Customs Brokers Co Ltd v. United Dominions Trust [1988] 1 ALL ER 847). This will depend on the nature of the business and whether this particular sewing machine was integral to the defendants business. These are again facts which the Instructing Solicitors will need to ascertain in particular look at whether there have been any other sewing machines purchased? How was the ââ¬ËNuffieldââ¬â¢ used in the business? Was it used for any personal purposes? Breach of Contract The first issue is whether or not the hire-purchase contract was breached when it became evident that the ââ¬ËNuffieldââ¬â¢ knitting machine was unfit for knitting the type of fibres that the defendants use in their business. The difficulty will be whether or not we can establish the conversation between the defendants and Mr Stone as to its fitness for the knitting of the thick wool because it was purely oral. The evidence of both the defendants will be critical ââ¬â Could instructing solicitors please ascertain more details of the conversation. Was Mr Dobson party to the conversation with Mr Stone? If so, what did he hear? How much was the issue of fibres stressed as important to Mr Stone? The obvious difficulty will be that the evidence of Mr Dobson could turn out to be hearsay unless he was party to the conversation. The strength of this argument will become clearer when we have an indication of Foundling Financeââ¬â¢s or Mr Stoneââ¬â¢s stance on the issue; currently I only have Miss Dalyââ¬â¢s statement as to the matter. It would seem pragmatic to assume that Mr Stone will be a difficult witness for two reasons; he presumably deals with many customers which may make his recall of a conversation that he had seven months ago rather vague and a fear of losing his job could cause him to be a completely useless witness for us. It isnââ¬â¢t clear from my instructions whether Foundling Finance have acknowledged this claim by the defendants but it seems safe to assume that they will deny it given that an admission would bar their current action in the County Court. However if we can establish the oral assurances by Mr Stone then breach of contract will be more likely. The Implied term of fitness for purpose under Consumer Credit Act 1974 will have been breached as long as the facts bear out consumer status, as I advised above. If we cannot establish consumer status we may have to rely on more general common law considerations .In particular Harlingdon Leinster Ltd v. Christopher Hull Fine Art Ltd [1991] 1 QB 564 which argues that even where the Unfair Contract Terms Act 1977 doesnââ¬â¢t apply the totality of the negotiations will be looked at and the exclusion of an implied term of fitness for purpose, as Foundling Finance Limited have done, maybe disregarded. The strength of this argument will largely depend on the oral evidence which is lead at trial and will depend on the information which I have requested above. Repudiation of Contract The success of maintaining the breach of contract will also rely on whether we can establish the defendants effectively rejected the contract by their letter of the 16th January. This is fundamentally an issue of fact which will need to be ascertained by the Instructing Solicitors. Short of an outright denial, as suggested above, Foundling Finance will likely attempt to argue that either the defendants accepted the breach through acting inconsistently with the ownership of the seller or through lapse of a reasonable time. In order to give my opinion on the strength of this argument could the Instructing Solicitors ascertain facts regarding the dates of the various repairs and more details about the communications between Saffron Supplies and the defendants regarding the repairs. What date was the third repair? Were the repair menââ¬â¢s concerns communicated to the defendants orally or in writing? Were both defendants present at all of the repairs? Was the Knitting machine used at any point between the third repair and the purchase of the ââ¬ËNewgateââ¬â¢ knitting machine? The ââ¬Ëlapse of a reasonable timeââ¬â¢ is the test for acceptance of a breach under the Consumer Credit Act 1974 therefore these factors will be critical. If there was a significant period of time between the third repair and the 16th January then I would advise that the Defendants attempt to argue rescission by misrepresentation under the Misrepresentation Act 1967 which is not subject to the same time-constraints as the rejection argument under the Consumer Credit Act 1974. However, I have some doubt as to the strength of this argument not least because it appears never to have been attempted in any reported cases. A critical issue for the success of refuting any defences by Foundling Finance will be the ability to prove that the letter was actually sent. Therefore could the Instructing Solicitors please find out whether Miss Daly has any proof of postage or proof that Foundling received the letter? The copy letter that I received looks as though it was word processed and it may be possible to establish postage through the creation date of the file. According to Miss Daly, she also telephoned the finance company to express her concerns; it would be extremely useful if the Instructing solicitors could ascertain more details about these telephone calls. Does Foundling Finance record phone-calls? When were they made? What exactly was stated in those telephone calls? In my opinion, in order to clarify the issues in dispute between the parties, we should contact Foundling Financeââ¬â¢s representatives to see whether they dispute either the letters or the telephone calls. It maybe that we could then avoid applying for disclosure of evidence Compensation There is a distinction to make between the situation where we can establish that the defendants effectively rejected the contract and where they failed to do so therefore I have treated the separately under this heading. Many of the grounds of damages will be interlinked between the various substantive claims in law. However, if we cannot realistically establish a breach of contract at all then as I am sure Instructing Solicitors will appreciate we have no defence or counterclaim to the current action. If the latter occurs my opinion is that you enter a defence and counter-claim in any case and attempt to settle and avoid some of the interest. (i) If rejection is effective The difference between the two grounds turns on whether or not the sums paid, by my calculation à £3194.57 (that being the November, December and January payments and the two-thousand pound deposit paid on 3rd October 2005), will be recoverable and whether the hire-purchase contract is at an end. I appreciate what a big difference this will make to the defendants. If the rejection is effective then the aim of the court is to put the two parties back in the same position so the money paid will be recoverable and there will be no obligation to continue paying the hire-purchase agreement. However, if rejection is not effective there is in most cases still an action for damages for breach of contract but there is no possibility of ending the contract other than the statutory termination powers in the Consumer Credit Act 1974. (ii) If rejection is not effective As the Instructing Solicitors will appreciate in these circumstances we are limited purely to claiming for purely breach of contract financial losses rather than any emotional losses. However, it is clear that there have been certain losses that will have been caused by the breach in contract. The defendants will remain liable to pay the instalments, including the arrears, if they fail to establish their rejection this is because all the express conditions of the contract will still be enforceable and as a result the defendants will be in breach of contract until they remedy the arrears, along with interest which has been contractually included. (a) Purchase of the ââ¬ËNewgateââ¬â¢ It is unclear whether the defendants can claim for the purchase of the ââ¬ËNewgateââ¬â¢. It certainly can be characterised as a cost of mitigating the loss which they had initially suffered by Foundlingââ¬â¢s breach of contract (as per Bacon v. Cooper (Metals) Limited [1982] 1 ALL ER 397). However, the question of whether it is reasonable will depend on a number of factors which would perhaps require the opinion of an expert. It would be necessary to quantify whether the price paid was reasonable for the product? Whether there were cheaper alternatives available on the market? It seems likely that it would be possible to claim for the whole purchase price of the ââ¬ËNewgateââ¬â¢ despite the fact that it may be a better product and leave the defendants in a better position. It seems analogous to Bacon where the court held that replacement of a new item for an old item which became broken didnââ¬â¢t entitle the defendants to reduce the damages to the value of the old item. (b) Loss of Earnings / Damage to Wool. Aside from the purchase of the ââ¬ËNewgateââ¬â¢ Miss Daly is of the opinion that her business has not suffered through the breach of contract. However, with all respect to Miss Daly, she is not to my knowledge legally qualified and it would be a breach of professional ethics if we just accept her judgement on this issue. It would be useful if the Instructing Solicitors can check this. In particular: Did the machine not stop being workable for at least three separate twenty-four hour periods? Was there any wool damaged by the machine? What about wasted time waiting for repairmen? It is likely that we can claim these as damages and I am of the opinion that there will be something other than the replacement sewing machine which the defendants can claim for. (c) Extortionate Bargain According to Miss Daly, she feels horrified at the level of the interest that she had to pay for the knitting machine which naturally leads to concerns over whether this hire-purchase agreement could be considered extortionate under the Consumer Credit Act 1974. This could form part of the counter-claim if it can be established. The salient point of the credit agreement is the extremely high APR of 46.2%. In line with A.Ketley Limited v. Scott [1981] ICR 241 the correct approach is to look at whether the rate of interest is extortionate in comparison to other sorts of transactions. I am of course not an expert and thus not qualified but given that the amount repayed will be 161% of the value of the item and that the APR seems to be extremely high at a period of time when interest rates are relatively lower than they have been in the last couple of decades it certainly seems arguable. I think it would be necessary for the Instructing Solicitors to obtain some sort of expert evidence on this point or perhaps some diligent research. In particular ââ¬â what level of risk is assumed by Foundlings Finance? What sort of experience and means did the defendants have at the time of the agreement? The purpose of arguing this would not so much be as compensation but if Miss Daly was unable to establish a rejection of the contract it could be extremely useful in making the remainder of the payments more equitable. In particular I could ask the court to alter the terms of the credit agreement under s.139 of the Consumer Credit Act 1974. I am not overly confident about the success of this argument because generally the court have been reluctant to find bargains extortionate because of the ordinary principles of fair dealing and even where high APRââ¬â¢s have existed such as in Grangewood Securities v Ellis (unreported 23 November 2000) an APR of 35.4% on its own was not held to be extortionate. My largest reservation is that both Miss Daly and Mr Dobson will be construed by the court as business people who ought to have been more aware (this was a factor in A.Ketley). Next Steps I would advise that we enter a defence and counter-claim to the current action that Foundlings Finance has risen. However, before it calls I would suggest that a letter setting out the key elements of our case be sent to the other side because until now they havenââ¬â¢t appeared to have responded to our claims. I would hope that the Instructing Solicitors would be able to settle this case in the meantime. In that event I would be happy to advise on the terms of such a settlement or a Part 36 offer. In particular, it would put the defendants in a strong bargaining position if they can establish whether or not any other damages were sustained by the defendants such as loss of earnings or destruction of property. If you do wish me to advise then please could such instructions include further items of evidence that I have requested throughout this opinion. IN THE DOVER COUNTY COURT Case No. DV6/49215 BETWEEN FOUNDLING FINANCE LIMITED Claimant / Part 20 Defendant and MISS DIANE DALY MR DEREK DOBSON Defendants / Part 20 Claimants DEFENCE AND COUNTERCLAIM Paragraphs 1, 2 and 3 of the Particulars of Claim are admitted. Save that the Defendants admits that they have not paid instalments on all the relevant dates, it is denied that they are due to be paid as alleged in Paragraph 4 or at all. On 16th January 2006 the Defendantââ¬â¢s rejected the contract for breach of the implied condition of fitness for purpose under the Consumer Credit Act 1974 . A copy of the Defendantââ¬â¢s letter to the Claimants confirming the above is attached to the defence and counterclaim. Paragraph 5 is admitted. The defendants are and were at all relevant times a partnership carrying on business as fashion designers. The Claimants are and were at all relevant times a limited company carrying on business as a provider of consumer credit. The ââ¬ËNuffieldââ¬â¢ knitting machine was supplied to the defendants by Saffron Supplies Limited, 6 Shadwell Street, Sandwich (ââ¬Å"the suppliersâ⬠) in terms of the Consumer Credit Act 1974. Whereas it is admitted that a hire-purchase contract was entered into as set out in Paragraph 5 of the Particulars of Claim, prior to the signing of said contract, on 3rd October 2005, it was orally agreed by Mr Scott Stone of the suppliers that the said ââ¬ËNuffieldââ¬â¢ knitting machine would be capable of knitting specific thick wool as used in the Defendants fashion design business. A sample of said wool was exhibited to Mr Stone by the first defendant for the confirmation of the same. It is averred that in consequence of this conversation, the defendants entered the said contract and that it was implied term that the said knitting machine would be fit for the said purpose. On the 3rd October 2005 The Defendants paid a deposit of à £2000 to the Claimants and paid instalments on 3rd November 2005, 3rd December 2005 and 3rd January 2005. The amount of these instalments plus the deposit was à £3194.57 Between 3rd October 2005 and 16th January 2006 the Defendants complained on three occasions to Saffron Supplies Limited that the said knitting machine had broken. On the first two occasions representatives of the suppliers diagnosed the same as being due to minor problems which were rectified without charge. On the third occasion they diagnosed the breakage as being due to the inability of the said knitting machine to knit the said thick wool fibres. The Defendants refused to pay for the cost of repairing said knitting machine in consequence of which the suppliers thereafter failed and/or refused to repair the said knitting machine at the time. By various phone-calls to the Claimant in or about January 2006 the Defendants demanded the repair of the said knitting machine. Despite this, the Defendant thereafter unlawfully failed and / or refused to arrange repair of said knitting machine. By reason thereof the Defendant sent the said letter of the 16th January 2006 which duly informed the Claimants within a reasonable period of time of their intention to reject the said hire-purchase contract because they had breached the said implied condition and the Defendants are consequently not liable thereon, further the Defendantââ¬â¢s demanded (without prejudice to his claim for damages herein) return of the said à £3194.57 and stated that they would exercise a lien over the said knitting machine until the same had been done.. In the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief for the reasons alleged or at all. Further or alternatively, the Defendants will seek to set off against the Claimantââ¬â¢s claim the matters set out in the Counterclaim below, so as to reduce it or extinguish it altogether. COUNTERCLAIM The Defendants repeat their Defence herein. The hire-purchase agreement has an Annual Percentage Rate (APR) of 46.2% which it is averred is much higher than hire-purchase agreements for other knitting machines and comparable items. In the Circumstances, the said hire-purchase agreement is extortionate pursuant to section 139, Consumer Credit Act 1974. By reason of the Claimantââ¬â¢s said breach of contract the Defendantââ¬â¢s were unable to knit their wool fibres and by reason thereof the Defendants have suffered loss and damage. PARTICULARS By reason of the Defendantââ¬â¢s said breach of contract, the Claimant suffered additional loss and damage, in that they were forced to purchase a similar knitting machine elsewhere, about January 2006 the Defendants purchased a ââ¬ËNewgateââ¬â¢ knitting machine at a price of à £9,500. Wasted Time during said repair visits. Cost of Wool Material damaged by said ââ¬ËNuffieldââ¬â¢ knitting machine.[1] Further the Defendants are entitled to and counterclaims interest on the sum found due to them for such period and at such rate as the court may think fit pursuant to section 69, County Courts Act 1984. The value of this action exceeds à £5,000 but does not exceed à £15,000. AND the Defendants Counterclaim: Refund of the said Deposit and three instalments of à £3194.57 Interest pursuant to statute as aforesaid. Further or Alternatively; Damages for breach of contract Further or Alternatively; An order that the said hire-purchase agreement is extortionate and that the APR be judicially altered to a more reasonable APR. Statement of Truth I believe (the Defendant believes) that the facts stated in this Defence and Counterclaim are true. Signedâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ DATED thisDay of2006 Bibliography Atiyah, P.S., Adams, John MacQueen, Hector ââ¬ËThe Sale of Goodsââ¬â¢ 2005 / Pearson-Longman / 11th edition. Bridge, Michael ââ¬ËThe Sale of Goodsââ¬â¢ 2000 / Oxford University Press / 1st edition Doonan, Elmer Foster, Charles ââ¬ËDraftingââ¬â¢ 2000 / Cavendish Publishing / 1st edition. Inns of Court School of Law ââ¬ËOpinion Writingââ¬â¢ 2003 / Oxford University Press Marshall, Enid ââ¬ËScots Mercantile Lawââ¬â¢ 1997 W.Green / Sweet Maxwell Edinburgh / 3rd edition. Rose, William M. ââ¬ËPleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rulesââ¬â¢1999 / Blackstone Press Limited / 5th edition. 1 Footnotes [1] I have added these in the case that they can be proved as per my opinion.
Friday, October 25, 2019
Music Industry Struggles to Get Cell phone?s Numbers :: essays research papers
ââ¬Å"Music Industry Struggles to Get Cell phoneââ¬â¢s Numbersâ⬠à à à à à There is a new trend bringing together cell phones and digital music called ringtones. These ringtones are customized ringers that a customer can download directly to their cell phone. This business has seen quick and expansive growth in the past 2 years and is expected to grow for at least a couple more years. Initially cell phones came with just a handful of default ringers the user could choose from, but now they are able to download digitalized versions of their favorite song. Some new phone technologies even allow the ringers to include actual samples of real music including vocals. à à à à à The ringtone market is a strong competitor with the online music market. The ringtone version of rapper 50-Centââ¬â¢s song ââ¬Å"In Da Clubâ⬠actually outsold digital sales of the song. This is impressive because this ringtone was only 30 seconds, had no vocals, and priced at nearly two dollars was twice the cost of downloading the full digital song from Appleââ¬â¢s iTunes digital music store. Customers of Sprint bought 500,000 copies of Beyoneââ¬â¢s ââ¬Å"Crazy in Loveâ⬠at $2.50 a piece. Estimates of world wide sales claim that ringer sales in 2003 reached nearly $3 billion. According to BMI, the royalty collection group, the American market was between $66 and $68 million in 2003 and is expected to reach $240 million in just the first 6 months of 2004. à à à à à The licensing of music to be turned into a ringer faces several legal issues. All parties involved in originally creating the music must agree to have their music digitally recreated as a ringer. The article reports that many songs, especially in the rap industry, involve many collaborators which further extends the licensing dilemma. The hit song ââ¬Å"Yeahâ⬠by Usher took over 6 months to reach ringtones because one of the many parties involved held out in tough negotiations. While the major online ringtone publishers face these legal battles, there is another ethical issue that arises concerning the grey-market operators that provide cheap versions of hits without licensing. Further, this is legal discussion as to who should be getting the bigger piece of the royalties involving the ringtones. The publishing companies turning out the digital ringers typically get 10% of the sale price or 10 cents while the master ring tones that include actual song sample s bring in nearly 30 cents.
Thursday, October 24, 2019
Developing yourself Essay
Findings: The CIPD profession map is a tool used to support the profession as a whole to develop products and services, yet it also accelerates the professional development of individuals. The map was created and is used by individuals and organisations; itââ¬â¢s a vital resource if you are working or connected in the HR profession. Whatever sector and/or size of an organisation the professional map is a great help, whether you are a specialist or generalist in talent, reward, learning development, employee relations and engagement. There are three key components to the map, which are: professional areas, behaviours and bands and transitions. The core professional areas show how a HR professional should think and look at tasks, then how to influence the relevant employees to the best outcome. There are then eight further areas surrounding the professional areas and when they are all combined, create the role of a great hr employee. Each area is essential to any business. The eight areas are: service delivery and information, organisation design, organisation development, resourcing and talent planning, learning and development, performance and reward, employee engagement, employee relations and service delivery and information. Once professional HR areas are covered, behaviours are the next vital key to becoming an effective HR professional. There are eight behaviours and they require an employee to be a strong character that leads by example and is confident when advising and influencing all levels of staff from entry to high level. Each behaviour is divided into four bands of professional competence. Each behaviour also lists a number of contra indicators which illustrate negative behaviour. Comment on the activities and knowledge specified within any 1 professional area, at either band one or band two identify those you consider most essential to your own or other identified hr role. Conclusion: A HR practitioner should ensure the services they provide are timely and effective. Different customers have different needs in a HR role and you need to prioritise conflicting needs. Shown below are different customers toà a HR practioner and examples of what needs they may have. Managers look to human resources for sound business advice on how to review, analyse and address people issues. They expect the HR services to be timely and accurate. Supervisors expect human resources to be available on an as-needed basis to help solve people issues. They expect, and frequently demand, help interpreting company policies, expediting personnel matters and preparing or completing paperwork. Most importantly, supervisors expect to learn from their interactions with human resources in order for them to return to their work unit and handle personnel matters. Associates look to human resources to provide, explain or confirm information about company policies and procedures. They expect human re sources to be an empathetic ear to their concerns and to help them solve work-related problems. They expect human resources to anticipate problems and to provide sound recommendations to management. To the applicant, human resources are the company. Applicants expect accurate information about employment opportunities, fair consideration of their qualifications and courteous treatment. An example of how you would prioritise conflicting needs is shown below: When in a HR role a supervisor may need a report by the end of the day completing, a manager may need you to sort a conflict between two members of staff and a member of staff may be dealing with bereavement and is upset. You would then organise how and who or what task is the priority and arrange how it will all be dealt with or completed. In this situation I would delegate the report to another member of staff, I would then arrange a time to address the issues between the two conflicting members of staff then I would then deal with the member of staff with bereavement as I would see them as the highest priority. Then all issues and tasks should be completed/ resolved by the end of the day. This shows how you have an empathetic ear to concerns, you are helping solve work related problems and you are completing tasks under a time scale with organisation and delegation. Communication methods: Employee communication is about the HR aspects of communication from management to employees and of course employees to management. The first aspect is downward communication this is where management communicate to employees the second aspect is upward communication and this is whenà employees communicate to management. Managers have to communicate with employees all the time that they are at work it is impossible not to, plentiful communication with employeeââ¬â¢s has been shown to be linked to good company performance. Communication could be formal or informal. Smaller companyââ¬â¢s often rely on informal methods and have few formal methods of communication with employees. In some cases they prefer to encourage social events for promoting mutual communication. Shown below are some examples of communication: Downward communication: Upward communication: Workforce briefings for all or part of the workforce on key issues Employee attitude surveys Quality circles, regular meeting with all or part of the workforce Suggestion schemes Appraisal interviews Employee forums Newsletters, electronic circular and dvds Project teams With communication you can come across issues these are: Subject What is communicated is the most important issue. HR can send a message to employees only on subjects which they choose to communicate with them. For example, certain information may not be passed on to certain employees because the organisation may not want to disclose this information. Quality You do not want to give too much information as employees may have problems digesting it. You need to make sure the quality of communication is high. Depth The depth of the information must be fit for purpose for example it may be too detailed and confusing for those who it is aimed at as it may have initially been designed for a management circular, re-worked slightly and the circulated to part time workers. Receptiveness Employees should feel that they are being listened to; they may voice theirà ideas but feel that they are not listened to, and this would then create a negative effect amongst them and actually demotivating them. Action on their views may or may not be considered a good idea, but employees should then receive feedback on their views. Regularity Employees learn to trust the communication if it is regular and tells them important information. Regular communication means it is less likely rumours which are incorrect circulate in workplaces. A balance must be made between giving people information so regularly that they are swamped with it, and too infrequently so that uncertainty arises. Timing Information may be released when leaked information has already reached employees as rumour and it may then be treated with contempt. Information may be released too early or too late. A good example of this is redundancy information. Employees themselves are sensitive when they read about their own redundancy in the newspaper or see it on the news. You should inform employees of this information at the relevant time so they find out from you first. In the HR role you are likely to have an important role in building managers presentational and communication skills, since operational managers are often appointed mainly for other skills that they have, they may need help in developing their interpersonal skills. HR professionals have people issues at the forefront of their minds, they may advise on where and when sensitive meetings such as appraisals or disciplinary meetings might be best held. HR professionals can act as advisors to individual operational managers on how to communicate to employees on issues such as their pension or legal rights, or alternatively communicate directly with the individual employeeââ¬â¢s on such subjects. These matters are of vital importance to employees, for whom areas like pensions and benefits packages are central issues. Getting communication right in these areas is therefor also at the centre of HR professional jobs. HR professionals sometimes have to advise both senior and operational managers on employeeââ¬â¢s feelings on different subjects. It is usually the HR professionals who are called on to run or at least source and oversee employee attitude surveys, forums etc. to some extent they may also try to act as employee advocates in order to maintain employee commitment and motivation. HR has a key role to play in improvingà communication including by providing training and coaching for other managers and workers which can improve their informal and formal communication. Effective Service delivery is a vital key in a HR role shown below are the key points of how to achieve it to a high standard. Delivering service on time: Delivering service on a budget: Dealing with difficult customers, Handling and resolving complaints: When dealing with difficult customers that may have a complaint or issue there are certain ways to deal with the situation so that it does not escalate and gets resolved. Firstly you need to identify the complaint and get as many facts together as possible. You always need to listen and empathize whilst clarifying that you both understand. Then you would log the complaint and investigate why, who, how and what evidence. Once that is achieved I think it is best to identify an end goal so there is something to aim for and the issue should then be resolved. When trying to resolve the situation always keep the complainant updated with any progress and also make sure you are following the companyââ¬â¢s policy and try and keep it to the smallest time frame. Once the situation is resolved I would then try to investigate why it happened and how to prevent re-occurrence. In a HR role I believe you should be committed to treating customers with courtesy and respect at all times, responding promptly to all enquiries made by telephone, email, post, fax, or in person, ensuring accuracy of administration, respecting and maintaining confidentiality, equality of opportunity in employment, updating skills through continuous professional development, regularly and systematically seeking, listening to and acting upon the views of customers. I think a HR function should obtain much more thorough feedback from its internal customers these are line managers, senior managers and employees. This should cover both what they need from HR, and their user experience of current services. Such feedback, as this study illustrates, can generate a clear overview or ââ¬Ëfootprintââ¬â¢ of the HR function in a particular organisation. It can provide fresh insights and help the HR function to focus its efforts in areas that add value to theà business. Bibliography: http://www.cipd.co.uk/cipd-hr-profession/profession-map/professional-areas/service-delivery-information.aspx
Tuesday, October 22, 2019
Characteristics of an Early Childhood Educator Essay
Early childhood educators work hard to prepare young children for the transition into kindergarten. The importance of pre-kindergarten education has resulted in a larger number of preschool teachers needed across the country. These educators should have certain characteristics to be effective teachers. To properly prepare young children, the teachers must have patience, compassion and creativity. For most students in preschool, this is their first experience with schooling. These children commonly struggle with following classroom rules and staying focused while working on activities. Preschool teachers must be patient with these beginning learners and understand that, without previous school experience, everything is new to them. Without patience, the teachers are likely to become frustrated, and the overall effectiveness of the lesson being taught will ultimately suffer. Preschool students often struggle to control their emotions. This is because they are still developing the skills needed to handle sadness, anger and other emotions. Preschool teachers need to understand that children this age do not have the ability to control their emotions on their own. This means these teachers must be compassionate and understanding. They need to offer comfort to scared or upset students when it is needed, instead of ignoring their feelings. Keeping preschool age students engaged in learning activities can be difficult. Preschool teachers must have the creativity needed to create interesting lessons that teach and entertain kids. Art activities can make lessons easier for preschoolers to learn. They also allow them to practice the skills that they are learning without getting bored or losing focus. Preschool is also a time when students develop their imaginative play skills. These skills are used in everything during this stage. If you engage students in creative activities, the preschool teacher can help them learn these skills and give them with the opportunity to explore their imagination. These are just a couple of examples of characteristics that an early childhood educator should posses. Without the proper skill set, teaching preschool aged children may be more difficult than it needs to be. However, if you do have these characteristics, you have the ability to be a successful educator.
Final Destination 2 Critique essays
Final Destination 2 Critique essays Final Destination II is a sequel of Final Destination, which hit box offices about four years ago. In Final Destination Devon Sawa has a vision that the plane he and his classmates are on is going to blow up. He ends up saving many people, and the plane did blow up. The whole movie ends up being about a group of friends (survivors) trying to beat death, at he end of this movie the only survivor is Rivers. Final Destination II starts off with a girl named Kimberly, who sees a vision of a terrible accident that she and a group of people will be involved in. In order to stop this terrible act, she blocks off the road so the group of people can't get on the freeway, which will later prevent an accident. While death is not easily thwarted and her friends are wiped out in the crash, she is saved by a policeman. They form the core of nine strangers, many of whom initially don't believe Kimberly's warnings that the incident recalls the first film's much-publicized deadly weirdness. The first one to go is a very happy lottery winner who doesn't believe a word Kimberly said. Convinced that death is out to get her and the others Kimberly seeks the help of Rivers the only survivor of last years plane crash incident. Voluntarily Rivers is in an institution to prevent herself from any accidents, and when Kimberly asks her for help she clearly doesn't volunteer, but later decides to help. Kimberly and Rivers rally up the group after the death of another victim and they contact a man that works at a morgue who knows about cheating death. After this the group is looking for the woman who would have been involved in the accident that was pregnant (thinking that a newborn life will cheat death). While looking for this woman, terrible accidents happen and the group is left with only Kimberly and the policeman. They end up finding this woman and she has the baby, but this isn't the way to cheat deat...
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