Sunday, December 29, 2019
Saturday, December 21, 2019
Personal Demoralization In The Awakening - 1561 Words
Personal Demoralization in The Awakening To demoralize someone is to dishearten or discourage them and cause them to lose hope. Kate Chopin uses words like â€Å"depressed†(56), â€Å"hopeless†(56) and â€Å"despondency†(p115) to describe Edna Pontellier, the heroine, in The Awakening. Coupling this description with Edna taking her life at the end of the novel and Chopin’s own inferred demoralization, due to the universal aversion to The Awakening, the natural conclusion is that it is a work of â€Å"great personal demoralization†, (Companion 5) as Michael Levenson states. Levenson suggests most modernist authors and artists paint a bleak picture of their time period because they are demoralized. Although the portrait Chopin paints of female oppression†¦show more content†¦But the very passions themselves were aroused within her soul...†(p26). Mrs. Pontellier’s soul is shaken and her deepest emotions aroused causing a seismic shift in her soul. Kate Chopin no tes that all of the partygoers were moved by Mademoiselle Reisz’s performance of renowned composer Frederic Chopin’s music. This alludes to Kate Chopin’s desire to inspire her audience, through her novel, in the same manner as Mrs. Reisz and the importance of art as it can penetrate the soul. In the next scene Mrs. Pontellier suddenly learns to swim and Chopin describes, â€Å"A feeling of exultation overtook her, as if some power of significant import had been given her to control the working of her body and her soul.†(p27). Mrs. Pontellier, now fully awake, realizes that she has control over body, she has autonomy, and Chopin emphasizes her individuality by referring to her as Edna. Edna’s awakening is important because in 1899, women did not have autonomy; their main purpose was domesticity. The church and patriarchy reined over women who were the property of their husbands and considered inferior to men with no sexual desire. Chopin pr esents Mr. Pontellier as a perfect specimen of late nineteenth century patriarchy. Some women thrive in this culture as Chopin demonstrates through Mrs. Ratignolle. However, for many women, like Edna this world was suffocating. The natural reaction to this oppression is feminism, but Chopin does not preach feminismShow MoreRelatedDemoralization In The Awakening1584 Words  | 7 PagesChopin uses words like â€Å"depressed†(56), â€Å"hopeless†(56) and â€Å"despondency†(p115) to describe Edna, the heroine, in The Awakening. Coupling this description with Edna taking her life at the end of the novel and Chopin’s own inferred demoralization, due to the almost universal aversion to The Awakening, the natural conclusion is that it is a work of â€Å"great personal demoralization†, (Companion 5) as Michael Levenson states. Levenson suggests most modernist authors and artists paint a bleak pictureRead MoreEco-Buddhism7194 Words  | 29 Pag estwenty years. Antidepressants are now the commonest type of medication taken by Americans from their late teens to mid-forties. Clinical psychologist Bruce Levine points out that people have been taught (through advertising) to understand demoralization or despair as a medical condition that requires a pharmacological cure. They â€Å"consume†medical treatment rather than ask pointed questions about the goals and values of their society. What if feeling demoralized is an appropriate response to deterioratingRead MoreExplain the Role of Proximity and Globality in Effectiveness6320 Words  | 26 Pagesthat the improvement of SYSTEMS need to be managed Defining the standards expected and the systems required to achieve them are a managerial responsibility. Do not change or alter the expected standard at random. This only leads to confusion and demoralization of the work force. 6. Adopt modern methods of SUPERVISION and TRAINING - eliminate fear It is all too easy to criticize mistakes, but difficult to praise efforts and achievements. Recognize efforts and provide correct training, facilitationRead MoreDiscuss the Importance of Non Verbal Communication to Education24125 Words  | 97 Pagesimplementation capacity on three levels: (a) Service delivery may diminish as sickness and death increase. Contributing factors include: * reduced staff productivity (loss of human resources, absenteeism due to illness and funeral attendance, staff demoralization and HIV/AIDS-related on-the-job fatigue). In one Ugandan agricultural extension office, four out of 22 staff had died in the last 12 months, three of these from AIDS; * increased staff turnover; * increased project expenditures due toRead MoreLibrary Management204752 Words  | 820 Pagesand a flattened organization. It is an organization that can overcome limitations, understand the pressures against it, and seize opportunities when they present themselves. The basic principles of this approach are made up of five core areas: 1. Personal mastery, with people identifying what is important in the process. 2. Mental models, with the organization continuously challenging members in order to improve their mental models. 3. Shared vision, requiring an imagining of what the organization
Friday, December 13, 2019
Role and Functions of Hr Managers Free Essays
Role and functions of HR Managers Introduction The Human Resource Department deals with management of people within the organisation. There are a number of responsibilities that come with this title. First of all, the Department is responsible for hiring members of staff; this will involve attracting employees, keeping them in their positions and ensuring that they perform to expectation. We will write a custom essay sample on Role and Functions of Hr Managers or any similar topic only for you Order Now Besides, the Human Resource Department also clarifies and sets day to day goals for the organisation. It is responsible for organisation of people in the entire Company and plans for future ventures and objectives involving people in the Company. Handy, 1999) Research has shown that the human aspect of resources within an organisation contributes approximately eighty percent of the organisation’s value. This implies that if people are not managed properly, the organisation faces a serious chance of falling apart. The Human Resource Department’s main objective is to bring out the best in their employees and thus contribute to the success of the Company. These roles come with certain positive and negative aspects. However, the negative aspects can be minimised by improvements to their roles and functions. These issues shall be examined in detail in the subsequent sections of the essay with reference to case examples of businesses in current operation. Positive aspects of Roles and Functions of the Human Resource Department Recruitment of Employees This is one of the most fundamental roles of the HR department. This is because this function ensures that the Company under consideration selects the most skilful and competent person from a sea of applicants at that time. This function involves evaluation of ability and competency of potential employees in relation to what the Company needs. This role falls under the Staffing role of management. If this function is performed well, then the organisation will increase value consequently being on the right pathway to achieve its organisational and departmental goals and objectives. (Hyde, 2004) Effective recruitment can be done through a number of ways. First of all the Company can conduct educational and psychological measurements. This task will involve assessment of abilities, skills and character evaluation of applicants. Through psychometric evaluation, the Company can ensure that employees have the right attitude necessary to fit into the organisation. Another method Companies use to recruit members of staff is through interviews. Here, the Human Resource Department can ask applicants questions that evaluate their decision making abilities and how they would deal with certain situations if presented with them. The Department can also employ the use of written interviews where applicants answer questions addressing key issues in the organisation. Through these channels, the Department contributes towards organisational performance. An example of a Company that performs this role well is Tesco Ireland. The Company notifies the public about vacancies. It then posts a questionnaire online and interested parties fill it at that time. This is then evaluated and those who fall within their minimum requirements are invited for an interview. In the interview, applicants are asked a number of questions and those who did extremely well are further analysed and retained. Those who did moderately well are not immediately eliminated; instead, their interview questions are kept on file then these are reviewed after six months. By so doing, the Tesco Ireland makes sure that its employees are highly capable and that they will enrich the organisation. (Hyde, 2004) Improvement of Compensation Packages One of the major functions of the HR department is to motivate employees. This can be done through rewards especially for those who have done well. The HR department needs to evaluate performance of employees and those who have exceeded expectations should be compensated for their actions. Research has shown that rewarding employees for good performance is the number one incentive for keeping up this trend. These compensation packages can come in the following ways; – Holiday Offers – End of Year Bonuses – Equities – Awards – Salary Increments – Provision of Flexible Working Hours – Straight forward Promotion Schemes and Career Developments If the HR department includes these incentives, then it will ensure that employees are satisfied with the Company. It will also contribute towards good staff retention rates. This is especially crucial in increasing stability within the organisation. It also makes employees identify with the firm and instils a sense of loyalty. Handy, 1999) Planning in the Organisation The Human Resource Department is placed with the responsibility of ensuring that it plans adequately for all the organisation’s future engagements that will involve people. One important aspect of this is planning for employees in the organisation. It is important that the organisation ensures that all the employees under its wing are just enough to increase value to the organisation. The Department must ensure that staff members are not too many because if they exceed this amount, then the organisation stands too lose. It must plan adequately to ensure that staff members are not too few either, otherwise they will be overworking those who are already in place. Consequently, there will be poor motivation resulting from fatigue. The HR department is also bestowed with the responsibility of planning future organisational goal in relation to people or clarifying these same goals to staff members. This function of the department ensures that people in the organisation have a general direction which they are working towards. Organisations that have a clear direction are always more effective; those members of staff will be more result oriented rather than just working for the sake of it. The Department is also responsible for setting day to day objectives necessary for streamlining activities within the organisation and thus ensuring that work is not just done haphazardly. (Hyde, 2004) Negative Aspects of Functions and Roles of the Human Resource Department There are a number of problems that arise as the department goes about its activities Problems in Recruitment The department may sometimes be unable to adequately coordinate and incorporate all the employees needed in the Company’s operations. One such example is the NHS. In the year 2004, the organisation was found to be wanting in its human resource department’s functions. The Company was recruiting a large proportion of its employees; 40% from Asian and African countries. This means that the organisation was draining medical personnel from those needy countries and using them for themselves. (Katherine, 2002) Such a practice showed that the HR department had exercised bad judgement in ts staffing function. Instead, it could have used these foreign nurses as temporary measure and put in place a strategy to train local nurses such that it could stop depending on those poor countries for supply of nurses. Problems in Remuneration In the process of trying to motivate members of staff to perform better, the Human Resource may make deals that eventually cause problems. A case in p oint is the Home Depot. This Company has an employee Compensation policy that requires that one should be rewarded for the time they have served the Company. The Home Depot Company offers an end of year bonus, basic salary and grant on stock shares as an incentive for some of its employees The CEO of the Company Robert Nardelli lost his job in the year 2007. This was because the company has experienced a lot of losses under his leadership; its shares fell by eight percent in the stock exchange and he deserved to leave the Company. However, because the Human Resource Department had put in place a policy that requires all members of staff to be given the incentive mentioned above, he left with a lot of money. It was reported that he had with him about two hundred and ten million dollars. The Company had no way out of this payment because HR had already passed that policy and they were bound by the law. This goes to show that sometimes policies made by the HR department do not benefit the Company especially if the parties involved are considered as losses to the Company. (Michael, 2007) Problems in Planning Sometimes the HR Department can employ people who may not contribute towards organisational principles. A classic example is the Arthur Andersen Company that fell apart in the year 2002. This was an American Company that dealt with audits. It was initially very successful in its operations prior to that fateful year. But in the latter years of its operations, the Company was involved in two accounting scandals that tarnished its name and subsequently caused failure. The Company failed to plan well for the kind of employees it recruited. This was witnessed when one of its employees in the Legal Department called Nancy Temple was fined in the Court of law for non adherence to accounting laws. This problem could have been prevented if the HR department had evaluated this employee before hiring her and also evaluation should have been done during her performance. If HR had been extremely critical, then they would have realised that the employee did not adhere to Company principles and would therefore have terminated her employment. Beside this, the Arthur Andersen Human Resource department also failed in its communication function to employees. The department should have ensured that they constantly communicate to members of staff about the goals and objectives of the Company on a day to day basis. This would have made them very clear in the minds of employees and would have prevented the downfall of the Company. Strategies to Improve Human Resource Department’s  Value to the Organisation Training and Internships It is not necessarily a guarantee that a candidate who did well in the recruitment exercise is the best in performing an organisation’s functions. New employees need orientation into the Company’s functions and can also improve some inefficiency that these new employees may have in relation to their skills. This is the purpose of placing them on internships. (Norbert, 1967) Training is also essential for members of staff who have been working for the organisation for a long time. This is especially so in the wake of technological advancements, legal changes and changes in service delivery. It is important for an Organisation to keep up with industry trends otherwise it faces the danger of becoming obsolete; especially in the background of increasing competition. Training need not be restricted to improvement of skills; it can also involve improvement of attitudes. This is normally characterised by attendance of workshops and other forms of talks. Training also increases motivation of employees and gives them that extra boost of energy needed to get them through tough times in their jobs. All the above tasks are placed under the Department of Human Resource because it is the one that will asses when training is needed, who needs the training, where and by whom. This aspect is a sure to improve value of the HR Department in the organisation. An example of a company that adheres to this principle is Marks and Spencer retail chain outlet. The Company offers training for twelve moths. Here new employees are taught all that is necessary to meet organisational goals and objectives then they can start work when they are ready to do so. (Norbert, 1967) Making Better Use of Time The Human Resource is conferred with the responsibility of ensuring that all members of staff perform to their best ability. It could improve this area by facilitating better use of time in all departments within the organisation. Time is one of the most crucial yet intangible assets of the Company. The proper use of this resource could maximise production and achievement of organisational goals. (Harold, 2003) The Department can do this by planning activities to be carried out in the organisation. It can make schedules for the various activities that have to be done in the organisation and thus facilitate better flow of information. In addition to this, the Company can also ensure that all members of staff are held accountable for not performing a certain task. This is especially in regard to maintenance of the schedules. In so doing, human the Human Resource Department will be ensuring that employees do not simply report to work and that the time spent at work is directly proportional to output. Improving Organisational Culture The Human Resource Department can try to improve organisational culture through a three step procedure. The first step of the process is observation. In this step HR finds out what makes ups or what the company’s culture is like. HR should also be very intense on the organisational needs. Here, HR should realise that personal fulfilment works better and therefore should try to ensure that the change is relevant to every staff member. In this stage, HR should try to explain to all staff members or stakeholder the advantage of transforming the culture in the organisation. This should be made clear so that all can see the advantages at the individual level and not simply at the organizational level. Erica, 2006) Then HR should try to eliminate all inhibitions in staff member’s minds. It is possible that some may claim that they tried one or two strategies before and it did not succeed. This are what are called ‘cries of despair’ and HR should try its best to explain to staff members the need of changing the culture of the organisation. The next step is the analysis of various aspects. Here, there is collect ion of data needed in making certain that culture changes. This stage involves checking out the success features or the factors that can facilitate its success. There should be calibration of data collected. Staff members should be made to understand that there are no perfect situations for implementation of changes. The analysis should involve assessing whether the information is sensible or not. Whether data gathered will be helpful or not and if it is too little or too much. Staff members should be requested for data that will help change the culture. Of course when trying to bring in change HR Department should have perceived benefits, a deadline for execution and also the realised gains in relation to the change in culture. In this step, there should be reality checks which should be done often. There should also be continuous integration. Through this scheme HR Department should be able to change the culture in the organisation and add value to it. (Harold, 2003) Conclusion The Human Resource Management team’s main function is to manage people. There are positive and negative aspects of this function; first of all, the HR department enriches the organisation through recruitment procedures and an example an effective HR team in this area is Tesco Ireland. HR department also ensures that members of staff follow a general direction by frequently clarifying and reminding them of the organisation’s goals. Besides this, they are also responsible for organising incentives or compensation packages to motivate employees. All these functions contribute towards organisational effectiveness. However, there are some negative aspects of HR; it has to bear the burden of blame if an employee performs poorly like the Arthur Andersen Company. Besides this, some policies made by the department may be detrimental to the Company like in the Home Depot Company’s case. Improvements to their role can be done by arranging training for staff members, organising activities for the organisation and changing organisational culture. (Erica, 2006) How to cite Role and Functions of Hr Managers, Papers
Thursday, December 5, 2019
Diocese Of The Anglican Church Of Australiaâ€Myassignmenthelp.Com
Question: Discuss About The Diocese Of The Anglican Church Of Australia? Answer: Introduction Anglicare Australia is a repudiated national level body for community service with respect to agencies related to every Diocese of the Anglican Church of Australia. Anglicare is also referred as a brand name using which various Australian Anglican Community Services continue their operations even when they are separate legal persons. Anglicare and AVR had merged to give rise to a new organization known as Anglicare. The new organization is equipped to serve the need of the people in a better way across various diocese having shared values and purpose. The organization promises its home care clients, residents and the community that they would be providing those best possible services to support them through life. The organization promises through its website to include integrity, honesty, compassion and excellence through their operations. The organization states that its purpose is only to meet the needs of people in the community, share love of God and enrich lives. The organizatio n holds its Christian motivation alongside responding to satisfy the need of the society. The organization provides enhanced compassion and care for every person by meeting social, spiritual, physical, emotional and material needs. The organization in partnership with others provide various services which enhances safety, dignity wellbeing, participation , homes, relationships and the community as whole. The organization provides mostly all services related to community well being such as retirement care, home care, residential care and community services. The organization does not operate for making profit and is a non-profit organization operating in Australia to provide community care. The organization had been established initially in form of a church society in the year 1856 and then came to be known as Home Mission Society since 1911 to 1977. The original purpose of the organization was although to build churches and fund clergy since the 1890 depression it extended its role to bring people who require support under the provisions of Christian care. Prior to WW2 significant milestones included appointing deaconess to work with young generations who appear before the children court since 1920 along with expanding the work for welfare society including Wollongong and Sydney both. The first Parish nurse had been appointed by the organization in the year 1943 to provide care to those people who are aged in interior Sydney which was followed through establishing the initial Chesalon home in 1952 at Summer hill along with a Family Service Center which dealt with various needs such as family problems, marriage and financial issue in 1945[1]. Since 1960 the decade witnessed establishment of a few major programs which included Anglicare shops, foster care services, disability services, adoption migrant and refugee services along with expanding via a network of local and regional offices. A major emphasis in the recent years has been to work closely in partnership with churches in the locality. In the year 2016 April the Synod of the Sydney Diocese of the Anglican Church voted unanimously for supporting a merger of Anglicare with AVR. Through the merger the organization would be able to serve better the community[2]. Management, Relationship Issues, Legal Governance Various legal provisions are imposed on an organization indulging in profit and non-profit making operations. Organizations which have the object of making profit are imposed with increased compliance regimes as compared to non-profit making organization. The directors of non-profit organizations mostly are not held personally liable for the liabilities of the organization or any unsatisfied court judgments. The fundamental principles of the provisions governing the activities of an organization are same although there may be very minor variations across different Jurisdiction. The identity of a corporate body is not the same as its members. As there are various shareholders in an organization and all of them cannot participate actively in the functioning of the organizations directors are appointed to control and manage its operations. For the purpose of protecting the legitimate interest of the members, stakeholders, creditors and the community which might be affected by the functi ons of the organization the directors have to be essentially provided with guidelines which they must follow while doing their duties. The guidelines are given to the directors in a statutory manner so that their significance is realized by the corporate sector. For the purpose of smooth functioning the most important factor which an organization has to take into account is legal compliance. Not only the shareholders but also the community, employees and consumers of the organizations are affected by its functions. Therefore there is a vast area of legal provisions which are imposed on an organization. Different sectors of the company are imposed with separate regulations which are stated through common law as well and statutory provisions along with governing bodies which have delegated responsibility to enact regulations and keep an eye in the functioning of the business. The first and foremost obligation which the organizations have towards compliance is abiding by the rules of proper corporate governance. The system through which the directors, shareholders, and other officers of the organizations are governed with is known as the system of corporate governance. All participants of the organization are provided specific sets of responsibility and entitlements. Corporate governance although being only a guideline it is utilized to observe and monitor the functioning and decision making off a company with respect to its directors, shareholders and other officers. The provisions of common law along with enacted legislations of the parliament bind the directors of the organization to certain duties. the decision of the officers and directors of a company has to be confined towards the best possible interest if the organization and there must be a element of good faith in all the decision which have been taken by them for the organization. Moreover the s kills possessed by the directors and officers of the organization have to be implemented with care and diligence towards the operations of the organization by the directors, any situation which may give rise to a conflict of interest between their personal needs and the needs of the company. The directors of n organization must in any case not use any data which they possess in relation to the organization in such a way so as to bring detriment to the organization and make personal gains. In the same way the position which the directors have in relation to the organization must also not be used in a way to make personal interest and bring detriment to the company[3] Employment of staff is also an area of legal issues for the organization. A company has to abide by the employment law regimes of the country with respect to the process of hiring selection and treatment of the employees. There are various issues which come out from the organization in relation to employment provisions. The issues include discrimination, sham contracting related to the position of an employee as an independent contractor, unfair dismissals and exploitation of employees within the organization. The employment law regime of any country has the purpose of enhancing a fruitful and healthy relationship between the employee and the employer. It is therefore the responsibility of all managers within the organization to ensure that they provide equal opportunity to all the employees within the organization so that no discrimination takes place. The employees have to be provided with fair remuneration for their work along with the appropriate status that has been employed wit h. In Australia the rights of employees and employers and the relationship between them is monitored by the Fair work Commission established through the Fair Work Act 2009 (Cth)[4]. One of the major aspects for the growth of an organization is the condition of the employees and their relationships with the employer. Various studies have depicted that there is direct relationship between employee satisfaction and organization performance. The organizations have to abide by employment law further to mitigate legal violations risks. Legislations for business organizations in Australia The Corporation Act 2001 (Cth)[5] is the primary legislation which governs the functioning of the companies in Australia. The Australian Investment and Securities Commission Act 2001 which have established the Australian Investment and Securities Commission is also a governing body of organizations in Australia. Both the legislations in a combined manner deal with the provisions related to insolvent trading, directors duties, fines and penalties for the directors for both criminal and civil breaches, the provisions related to the issue of shares and dividends and the rights of the directors and shareholders of the organization. The legislations also set out clearly the remedies which a shareholder may seek in case their rights have been oppressed along with the procedures required to appropriately carry out business activities by the organization. The Workplace Relations Act 1996[6] and Fair Work Act 2009 provide provisions with respect to governing the employment relationship within an organization. The legislations set out guidelines which have to be observed by both employees and employers in relation to the organization. Any failure to comply with such provisions can result in pecuniary penalties. The working environment in relation to the workplace in Australia is governed by The Work health and Safety Act[7] and regulation 2011. Through the legislation it is made sure that a safe working environment is provided to the employees within the organization along with any necessary equipment needed to carry out the work safely and to ensure personal development of the employees. Through The Competition and Consumer Act 2010[8] it is ensured in Australia that the businesses do not indulge in any kind of anti competitive activities with respect to their operations in addition the organizations providing services and goods have to comply with the provisions of Australian consumer Law as provided by Schedule 2 of The Competition and Consumer Act 2010. There are man y legislations which have also been implemented to prohibit any kind of discrimination within the organization and to provide equal opportunity to all those who are associated with it these legislations include Disability Discrimination Act 1992[9] and Age Discrimination Act 2004[10]. In addition the Australian Human Rights Commission Act 1986[11] also provides provisions related to the treatment of employees in an organization. Legal Risk Areas A company is a huge entity which has its operations distributed among various areas. Therefore each of such areas are subjected to potential legal risks. The risks which an organization may be subjected can be classified into financial risks, strategic risk, demographic risk and operational risk. A legal risk with respect to a company arises when the company fails to comply with the legal provisions of the country. In case legal risk in relation to the organization arises they are subjected to civil and criminal penalties which may extend to its officers and directors. The main aim of the paper is to discuss and analyze legal risk which may originate from the functioning of an organization. Risk related to Corporate Governance It has already been stated above that the operations of the organization are completed through the process of corporate governance. The directors of the organization have the duty to perform their functions for the betterment of the organizations along with meeting the needs of the creditors and shareholders. The directors by virtue of their position are provided supreme control over the operations of the organization. In such circumstances because of human nature the directors can be use their positions to make personal interest benefits and ignore the needs of the organizations and those who are associated with it. The information which they possess can be easily used by them to make personal gains at the cost of the company. The Australian Securities Exchange (ASX) provides seven recommendations in relation to the corporate governance within an organization. Although no company is forced to take up such recommendations as a part of their business as it may not be suitable for them and they may have better options to implement in relation to corporate governance, such businesses have to provide the ASIC that why they are not using the recommendation. The policy can be described as an if not why not policy. There have been various cases brought up by the ASIC which denotes that the directors have not been complying with the duties they owe to the company. The directors seek to take advantage of the doctrine of corporate veil and indulge in activities which are illegal and fraudulent. Detriments can also be brought by the directors of the company to the shareholders and creditors of the organization through dividends, share buybacks and bonus shares. Therefore along with the guidelines and recommendations provided by the ASX there are many other legal provisions which have been deployed to protect the shareholders, community, creditors related to the organization from the discretionary powers of the directors[12]. The directors have been made liable on various instances by the courts for not been able to comply with the legal provisions such as in the cases of Shafron v Australian Securities and Investments Commission[13], ASIC v Cassimatis[14] and ASIC v Lindberg[15]. Another major risk any organization whether profit or non profit is subject to is that of insolvent trading. The directors through section 588G of the CA are disallowed to indulge in any form of insolvent trading even if they believe that the company would be insolvent because of such transaction. In a nonprofit organization like Anglicare where the directors are not usually held liable personally more attention have to be paid by the directors towards their operations The organization is huge in structure and although it has a nonprofit nature it can be subjected to evils like corruption in case there is any negligence by the directors towards managing its operations. Any big organization would always be prone to corporate governance risk if they are not observing integrit y and ethics in their corporate governance framework. As a non-profit organization Anglicare has an increased responsibility of maintaining its goodwill in the society as the main aim of the organization is community development. The organization may also in certain situations subjected to financial risk if they do not comply with ethical corporate governance framework. Risk related to environment The ever increasing nature of industrialization prompts an immediately required actions related to the environment. Every organization has a corporate social responsibility imposed on it according to which they have to company with the provisions of environmental protection as well as engaging in the development of the community. The services which any organization has to provided has to be environmental friendly and such services are always monitored by the environment protection provisions. Any project which is initiated by the organization has to take the environmental impact assessment in order to successfully initiate the project. The Australian government has made it mandatory to company with the environmental provisions. A huge amount of compensation has to be paid by the organizations if it is found that they did not base their operations in accordance to environmental provisions such as sustainable development principles. Rules and regulations with respect to the protection of environment are provided in Australia through The EnvironmentProtection and Biodiversity ConservationAct1999[16]. The legislation imposes fines and penalties on organization which have not abided by its provisions. There have been many cases in Australia which denotes that organization have not complied with their environmental obligations and thus had been subjected to penalties and fines. Although Anglicare is a non-profit organization and its operations are largely based on proving care to individuals in the society who require it they can be subjected to environmental provisions related to health care facilities provided by them along with providing a clean living environment while giving residential care. Completion and consumer risk In Australia there is a very strict regime of competition law so that the market of the country may run smoothly. In addition the provisions of consumer law have also been strengthened to provide an increased bargaining power to the consumers compared to that of the seller. The organizations in the country must not do any operations which may be regarded as an anti competitive action as per the rules of The Competition and consumer Act 2010. Activities such as market abuse, illegal joint ventures, authorization and notification, acquisition, mergers, exclusive dealing, limiting rice, refusal to deal, dividing territory, mergers, dumping and resale price abuse are a few examples which denotes anti competitive activities. These activities pose high risk to any organization but in case of non profit organization it is evident that they mostly do not indulge in anti-competitive activities The law for the protection of the consumers is known as a consumer law. The law protects the consumers from any discretionary powers which may be exercised by the sellers against them. There is an increased risk which is posed to the consumers as they are subject to the high bargaining power of the sellers and manufactures in relation to the contract for sales. In Australia the rules in relation to the protection of consumers have been stated through the ACL as provided in schedule 2 of the CCA[17]. All organization operating at a large or small scale have to abide by the consumer laws if they fall within its scope and the organizations cannot incorporate a term in the contract to opt out of consumer law remedies. It is the duty of organizations to provide the consumers with services in such a way as expected by the consumers and also ensure that no damages are incurred by the consumers because of the services provided to them. The law also prohibits an organization from making bait advertisements, indulging in false and misleading conduct and incorporating an unfair term into a standard for of contract. Therefore the above mentioned risk can originate in relation to Angelicare as they indulge in providing services to the consumers. They can be held liable for any loss to the consumers which arise out of the services provided by them. Common law negligence As discussed above an organization is a separate legal entity and has a distinct identity. Although it cannot commit negligence as it is not a natural person it can be held liable for any negligence committed by its managers and employees in the course of business as per the principals of Vicarious Liability. Negligence arises which a person has a duty of care towards another. Therefore an organization being a natural person having a duty of care to its subjects can be held liable for any negligence. The concept of duty of care in Australia was provided through the case of Australian Knitting Mills, Ld. v. Grant[18]. According to the case if a harm caused to another person because of ones action is forseeable a duty of care exits. A person is to not abide by the duty of care if in same situation a better and cautious moduce operandi may have been taken by a reasonable person. In the same way the actions of the organization and its employees in relation to negligence are analyzed usin g these principles. In case of negligence the organization has to pay financial damages to the party which has been injured because of the actions of the employees or the organization. The damages can extend to the extent of injury and losses which have been incurred by the aggrieved party. In the given circumstances where Anglicare provides services to the aged and disable people they have to be very cautious in relation to any negligence as they may be held liable to pay compensation to the aggrieved party. Risk related to Employment law It is not possible for an organization to function without a workforce and thus it needs employees and their services to carry out its function. In return for such services to be provided by the employees the organizations provide the employees with salary and remunerations. The management in relation to the contract of employment has a very much increased bargaining power as compared to the employees as they have the authority to vary the contractual terms as per the needs of the organization. The organization have an implied duty to provide protection to the employees working for it. It is the right of every employee to be treated equally in an organization, to be paid appropriate remuneration to be granted the leaves that are entitled to be law along with a working environment which is healthy and provides for their development. Legal obligations would be imposed on any organization in case it is found that they are not able to provide the employees working for them with these bas ic righ[19]t. An organization while dismissing any employee has to abide by the procedure related to a fair dismissal. In case such procedure is not followed the aggrieved employee has the right to bring a claim for compensation against the organization. The health and safety of employees within the organization also have to be safeguarded by the organization itself and any injury which is caused to the employees within the organization can make them initiate a claim from compensation against the organization for the injuries caused to them. Angelicare employs varies employees along with volunteers to provide community services. Although the organizations do not have much obligations towards the volunteers they have the liability to comply with all legal requirements in relation to the employees working for it. Implications and reasons of employment law risks This part of the report would discuss employment risk which may be faced by an organization in relation to its activities. The reasons why such risk arise and the implications of the risk would also be analyzed in this section of the report. The risk may arise out of poor employment management strategies and may have both short and long term effect on the performance of the organization. It is a fact that the way in which an organization operates is a direct result of the performance of its employees. In case employees provide extra effort towards the functioning of an organization the operations of the company would at all cost increase as so is the contrary. In relation to service industry where the employees of an organization are directly in contract with the clients the performance of the organization is derived from the behavior of its employees and the services provided by them to its consumers[20]. An organization has to also invest in the development of the employees which is a major issue especially for those organizations which do not operate to make profits. The expenditure which the organization has to make in relation to the employees has a major role to play for the proper functioning of the organization as it does not have stable sources of gaining revenue. On the other hand if an organization does not make proper investment in relation to the needs o f their employees the employees would not provide their best efforts towards their services and would be constantly looking for options to leave. One of the main reasons why risks with respect to employment arise in the organization is that their rights are not provided to them. Discrimination is another evil which may e cited as a cause for employment dispute within an organization. Human beings by nature are somewhat bias and prefer one thing over the other. However it is very important that such preference is not based on traits like sex, gender, matrimonial status, disability religion or race. Another cause of employment disputes is not dismissing the employees in a proper manner which may result in unfair dismissals[21]. There are vast implications of not complying with the provisions of employment law within an organization. The organizations are not only made to pay compensation to the employees as a result of legal action but also suffer a loss of goodwill and the moral of the other employees of the organization also goes down. No extra effort would be provided by the employees to the organization in case they develop a feeling that the organization does not take any interest in their well-being. In long term also the organization would not be able to retain employees and would have to incur additional cost for rehiring process. Fines and penalties would further subject the organization to the loss of revenue in the short term as well as loss of goodwill in the society which is very necessary for a non-profit organization. Strategic options for managing risks in the organization related to employment The structure of management within the organization related to risk has to be not overbearing but scalable, not simplistic but simple not regimented but practical and must be flexible along with having clear guidelines. Risk in relation to an organization can not only increase it operations cost but also result in the loss of goodwill[22]. Before implementing a risk management system it is important that the commitment of managers to it is obtained. The line managers in their own area can implement a risk management system with respect to the employees. This can also be done by the team leaders, human resource manager and any person having a supervision role in the organization. Through emphasizing on employment law risk the organization can derive two major benefits for it firstly the operation of the organization would become more clear and transparent and secondly the managers of the organization would have an enhanced sense of accountability. For the purpose of addressing employm ent risk in the organization they have to be indentified correctly. Risk identification would need investment of money and time as a framework would be required to be formed[23]. The internal regulations of the company have to be analyzed so that any defects within them can be addressed as they are the primary guidelines which create the relationship between employer and employee. The potential risks which have been identified have to be recorded and registered so that they can be appropriately addressed. The risk has to be further evaluated after being identified through prioritizing the response related to the risk. For divers risk diverse treatment would be required by the organization. A proper risk management strategy has to firstly identify the risk, record the risk, analyze the risk and then evaluate it for addressing them properly[24] Conclusions Therefore through the above discussed information it can be said that an organization has various potential legal risks in relation to its operations. The organizations have to address such risk through the implementation of proper risk management strategies. The structure of management within the organization related to risk has to be not overbearing but scalable, not simplistic but simple not regimented but practical and must be flexible along with having clear guidelines. The accountability and commitment of the managers have to be increased in order to properly implement risk management strategies within the organization. Managing employment risk not only protects the organization against legal actions but also enhances the reputation of the organization in the society and its employees. Few recommendations for deploying proper risk management within the organization are: The implemation of an anti-discrimination policy in the organization so that no discrimination is done to the employees Line managers have to be provided increased role towards employment risk management in the organization Proper and periodic feedback has to be taken from the employees so that their grievances can be addressed Managers must be trained to handle employees with compassion and care There must be a risk register in place to identify and record any risk so that it can be addressed. References About Anglicare | Anglicare (2017) Agedcare.anglicare.org.au https://agedcare.anglicare.org.au/why-anglicare/about-us/. ASIC v Cassimatis (No 8) [2016] FCA 1023 ASIC v Lindberg - [2012] VSC 332 Australian Knitting Mills, Ld. v. Grant 50 C. L. R. 387 Boyle, T. (2015).Health and Safety: risk management. Routledge. Bromiley, P., McShane, M., Nair, A., Rustambekov, E. (2015). Enterprise risk management: Review, critique, and research directions.Long range planning,48(4), 265-276. Competition and consumer Act 2010 Corporation Act 2001 Disability Discrimination Act 1992 Drennan, L. T., McConnell, A., Stark, A. (2014).Risk and crisis management in the public sector. Routledge. Giannakis, M., Papadopoulos, T. (2016). Supply chain sustainability: A risk management approach.International Journal of Production Economics,171, 455-470. Olson, D. L., Wu, D. D. (2015).Enterprise risk management(Vol. 3). World Scientific Publishing Co Inc. Lam, J. (2014).Enterprise risk management: from incentives to controls. John Wiley Sons. Sadgrove, K. (2016).The complete guide to business risk management. Routledge. Shafron v Australian Securities and Investments Commission [2012] HCA 18 Sutton, I. (2014).Process risk and reliability management. Gulf Professional Publishing. Tallon, P. P. (2013). Corporate governance of big data: Perspectives on value, risk, and cost.Computer,46(6), 32-38. The Australian Human Rights Commission Act 1986 The EnvironmentProtection and Biodiversity ConservationAct1999 The Fair Work Act 2009 The Work Health and Safety Act 2001 Tricker, R. B., Tricker, R. I. (2015).Corporate governance: Principles, policies, and practices. Oxford University Press, USA. Turner, J.R., 2014.The handbook of project-based management(Vol. 92). New York, NY: McGraw-hill. Workplace Relations Act 1996 [1] About Anglicare | Anglicare (2017) Agedcare.anglicare.org.au https://agedcare.anglicare.org.au/why-anglicare/about-us/. [2] Anglicare - AustraliaS Leading Aged Care Provider | Anglicare (2017) Agedcare.anglicare.org.au https://agedcare.anglicare.org.au/why-anglicare/about-us/our-story. [3] Council, ASX Corporate Governance. "Corporate Governance Principles and Recommendations, 3rd edn (ASX, Sydney)." (2014). [4] Fair Work Act 2009 (Cth). [5] Corporation Act 2001 (Cth) [6] Workplace Relations Act 1996 [7] The Work health and Safety Act 2011 (Cth) [8] Competition and Consumer Act 2010 (Cth) [9] Disability Discrimination Act 1992 (Cth) [10] Age Discrimination Act 2004 (Cth) [11] Australian Human Rights Commission Act 1986 (Cth) [12] Council, ASX Corporate Governance, and A. S. Exchange. "Corporate governance principles and recommendations . ASX Corporate Governance Council." (2014). [13] [2012] HCA 18 [14] (No 8) [2016] FCA 1023 [15] [2012] VSC 332 [16] EnvironmentProtection and Biodiversity ConservationAct1999 (Cth) [17] Schedule 2 of the Competition and Consumer Act 2010 (Cth) [18] 50 C. L. R. 387 [19] Wilcox, Kirby C., and David M. Youngsmith. "Overview of Equal Employment Opportunity Laws." California Employment Law 2 (2015). [20] Burman, Robert. "Dismissal for operational requirements: the price of non-compliance: employment law." Without Prejudice 14.4 (2014): 68-69. [21] Kavanagh, Megan, and Emily McRae. "Employment law: Protecting vulnerable workers amendment to fair work act." Governance Directions 69.4 (2017): 241. [22] Glendon, A. Ian, Sharon Clarke, and Eugene McKenna. Human safety and risk management. Crc Press, 2016. [23] McNeil, Alexander J., Rdiger Frey, and Paul Embrechts. Quantitative risk management: Concepts, techniques and tools. Princeton university press, 2015. [24] Lam, James. Enterprise risk management: from incentives to controls. John Wiley Sons, 2014.
Subscribe to:
Posts (Atom)