The Doctrine Of Direct Effect - 1629 Words

The doctrines of direct effect and supremacy are extremely important because they require national courts to apply European Union law over any conflicting provision of national law. This essay will first consider the doctrine of direct effect, its advantages and disadvantages and it will go on examining the doctrine of supremacy, how it can be assessed and its relation with the doctrine of direct effect. Finally, some conclusion will be drawn as to how the direct effect and supremacy of Union law provisions are related to each other and how can be really helpful for individuals and member states when looking at the big picture, even if in some situations they might be seen as inappropriate. Direct effect is not expressly mentioned by any†¦show more content†¦As opposed to Van Gend en Loos which leaves the matter unresolved, Defrenne allows horizontal direct effect. Therefore, the individuals are able to invoke Treaty rights and provisions of regulations against the State and other individuals before national courts. Nonetheless, the situation is slightly different when it comes to directives. Article 288 states that a directive must be implemented into national law. Even if it does not fulfil the second criteria of the test in Van Gend en Loos about implemented measures, in the latter case of Van Duyn v Home Office it was held that directives can be directly effective provided that they are clear and unconditional. There are conditions, however, in the case of Ratti , it was held that for a directive to have direct effect on the member state the implementation deadline must have passed. In addition, in the case of Marshall , the court decided that directives can have a vertical direct effect but not a horizontal direct effect. This decision was upheld in Faccini Dori v Recreb Srl . This protects the individuals from being sued for matters that the State is responsible for. Nevertheless, these decisions were strongly contested, especially in the employment context. Why should people be able to sue their employer only if they are a public body? What about people working in the private sector? It could be argued that only members of parliamentShow MoreRelatedThe Doctrine Of Direct Effect1495 Words   |  6 PagesThe doctrine of direct effect is the primary tool by which the Court of Justice of the European Union (CJEU) enforces European Union (EU) law within member-states. However, the power of direct effect as a tool of enforcement means that the CJEU has had to resist impulses to overextend its application. This essay will argue that rather than unnecessarily undermining the doctrine of direct effect, the CJEU has skilfully managed to create an effective enforcement regime for directives while applyingRead MoreThe Doctrine Of Direct Effect And State Liability1671 Words   |  7 Pages The Issue relates to the application of the doctrine of direct effect, and possibly the application of indirect effect and state liability if require in pursuant of invoking the EU Transfer of Pensions Directive (TPD) in a UK national court (NC) in light of the UK’s national legislation which evidently fails to completely encompass the directive. Directives are a secondary source of European Union (EU) legislation which in accordance with Art 288 of the EC: are binding on the EU Member StatesRead MoreHorizontal Direct Effect805 Words   |  4 PagesHorizontal direct effect Horizontal direct effect is a legal doctrine developed by the European Court of Justice (ECJ) whereby individuals can rely on the direct effect of provisions in the Treaties, which confer individual rights, in order to make claims against other private individuals before national courts. By virtue of the doctrine of the ‘direct effect’ of Treaty provisions, individuals can rely directly on EC law before their national courts. There is no need for implementation of EC lawRead MoreDoctrine of Double Effect Essay1464 Words   |  6 PagesAlecia Rhines Doctrine of Double Effect Trident University What is the Doctrine of Double Effect? The doctrine of double effect if often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting good ends. It is claimed that sometimes it is permissible to cause such harm as a side effect of bringing about a good result even though it would not be permissible to cause such harm as a means to bringing aboutRead MoreEssay on The Doctrine of Double Effect1307 Words   |  6 PagesCase Assignment: The doctrine of double effect says that the pursuit of good is not as acceptable if the harm that results is intended rather than merely foreseen (Lippert-Rasmussen, 2010). To some it is a nonabsolutist moral principle in which as long as significant good resulted from the action, it is allowable (Lippert-Ramussen, 2010). Scanlon believed that an act that leads to the death of an innocent person can never be justified by the good that results (Lippert-Ramussen, 2010). ScanlonsRead MoreThe Doctrine Of Double Effect1163 Words   |  5 PagesIntroduction to Ethics in the Healthcare Setting Doctrine of Double Effect The Doctrine of Double Effect (DDE) is utilized in the explanation of the permissibility of dealings and actions that result in impairment for example, death of a person, as a result of achieving some good at the end. This explains that it is sometimes acceptable to harm someone if the action will evoke some good at the end (Mclntyre 42). This reasoning was introduced by Thomas Aquinas but has developed and many versions ofRead MoreDirect Effect Principle1503 Words   |  7 PagesIntroduction 1 Most European Union law(hereinafter referred as EU law) textbooks showcase that the evolution of direct effect principle gave rise to various debatable issues. It is blatant that directive appears to be a double-edged sword by protecting fundamental rights guaranteed by the Union law, taken jointly, ensuring the uniform application of Union law across the Member States. Nevertheless, David appreciated that this issue became highly contentious due to the inconsistent judicialRead MoreA Situational Analysis of the US Diplomatic Efforts during President Lyndon Baines Johnsons Time in Office928 Words   |  4 Pagesthe diplomatic doctrine the president Lyndon B. Johnson followed, with reference to specific actions or events that occurred. Like any leader, President Johnson was a product of his time. As such, President Johnson operated under a pervasive, largely irrational, and dysfunctional fear of communism. The Johnson Doctrine was a decisively anti-communist approach to foreign policy that would reverberate throughout the rest of American history in the 20th century. The Johnson Doctrine of course playedRead MoreThe Doctrine Of Parliamentary Sovereignty1609 Words   |  7 Pagesendorsement of the Human Rights Act 1998 (HRA). In order to analyse this notion, it is essential to outline the traditional doctrine of Parliamentary Sovereignty. The essay will reflect upon the evidence in respect of Britain’s membership of the EU and the degree to which it affects Parliamentary Sovereignty and also reflect upon Britain’s enactment of the HRA in the same way. The doctrine of Parliamentary Sovereignty stems from the Bill of Rights 1689 which effectively established a Constitutional MonarchyRead MoreThe Cold War and Us Diplomacy1213 Words   |  5 Pagesdescribe the effect of these diplomatic efforts for the U.S. and other countries as well as assess, in conclusion, the advantages and disadvantages of the particular doctrine that was followed. What the President Did During That Time During the cold war, the president was Ronald Reagan. He, together with members of his administration, came up with a strategy designed to oppose the influence that the Soviet Union had in the world. It came to be referred to as the Reagan Doctrine. This also came

The attack on Pearl Harbor changed the course of American...

The attack on Pearl Harbor changed the course of American history. On Sunday, December 7,1941, in Oahu, Hawaii, many American ships were in port on a beautiful day. The soldiers were enjoying the incredible weather on that cool Sunday morning. Yamamoto Isoroku, a Japanese Naval officer, was the mastermind behind the attack on the American naval base at Pearl Harbor. Americans believed Japan was angry at the United States for stopping imports, such as bullets and guns. They also thought the war was far away and their shores were safe. On that Sunday at 7:48 am, Chicho Naguno, commander of the Japanese attack, led twenty-one planes to â€Å"wami momi† the name created by the Hawaiians for the base, meaning â€Å"Pearl Waters.† That was†¦show more content†¦The damages to the American military vessels were more severe: â€Å"four battleships sunk, three battleships damaged, one battleship grounded, two other ships sank, three cruisers damaged, three destroyers damaged, three other ships damaged, 188 aircraft destroyed, 159 aircraft damaged, 2,402 men killed and 1,247 were wounded†(Attack on Pearl Harbor) . Most of those who died are forever entombed on the ships. However, 1,177 men died on board the USS Arizona and only 299 bodies were recovered; the rest are forever entombed on this battleship.The battleship still lies where it sank The United States had never been attacked on its own soil until the attack. On its own soil until the us was attacked on Pearl Harbor. After the attack, the Americans in Hawaii had changed so the army would make sure that Hawaii and the rest of the country was safe and would make sure that it wont happen again.The recordings of the attack was taken by the military. Any information about the Pearl Harbor attack was kept a secret. Family members on the Pearl Harbor base were transported to keep them safe. The military put a martial law into place on the island and â€Å"interned 402 Japanese ,Germans, Italians 43 of them were Americans†(History). These actions were not what the government did. The attack also regularly caused the U.S to declare war on JapanShow MoreRelatedPearl Harbor: Movie vs Reality1493 Words   |  6 PagesPearl Harbor: Movie vs. Reality â€Å"December 7th, 1941, a date which will live in infamy, the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan† (Roosevelt). Japan surprise attacked the Hawaiian naval base, Pearl Harbor, approximately at 7:55 am. The intent of the Japanese strike was to prevent the U.S. Pacific Fleet from interfering with plans to seize overseas territories belonging to United Kingdom, the Netherlands and the United StatesRead MoreJapans Attack on Pearl Harbor1024 Words   |  4 Pagespeace talks when Japan launched their attack on Pearl Harbor. The Japanese gave the American people medals. The Americans then put the medals on bombs that were dropped on Japan in the months following the attack on Pearl Harbor. No one knew about the attack except the Japanese. Even though the U.S sensed the Japanese on radar, it was a surprise attack. The bombings began by the time they were able to figure out what was happening. Before the Pear l Harbor Attack, there was already some tension betweenRead MoreThe Attack On Pearl Harbor1164 Words   |  5 PagesThe Attack on Pearl Harbor December 7th, 1941, will forever be remembered by Americans as a day of terror, sacrifice, and patriotism. It is a day that has, and will, forever change the course of American history. On this day, the Japanese navy performed a surprise air attack on the American naval base Pearl Harbor, inciting the United States of America to officially become involved in World War II. The bombing of Pearl Harbor was a momentous moment in America’s history. World War II started whenRead MoreMidway, the Battle That Ultimately Doomed Japan in WWII By: John King Could a loss at Midway have1400 Words   |  6 Pagesbattle tactics, and most importantly the outcome and effects of this battle. â€Å"Yesterday, December 7th, 1941 – a date which will live in infamy – the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.† These words were spoken the day after the bombing of Pearl Harbor by the President of the United States, Franklin D. Roosevelt. The bombing of Pearl Harbor cost more than 2,000 lives and nearly destroyed 20 naval vessels. Eight of these shipsRead MoreRedifining Presidency: Franklin Delano Roosevelt1270 Words   |  6 Pages There have been many powerful figures throughout history that have played key political roles to change history such as Napoleon, Agnes Macphail, Gandhi,etc. Franklin Delano Roosevelt, the 32nd president of the United States, is the only president in American history to be elected four consecutive times. No other president in history led America through some of its greatest domestic, complex and potentially lethal crisis’s, including the Second World War. He redefined each crisis as a chance ofRead MoreAmericas Response to Pearl Harbor2288 Words   |  10 Pages America’s initial response to the Japanese Attack on Pearl Harbor on December 7th, 1941 was that of disbelief and shock. This attack took place on a Sunday morning and what surprised many was the fact that a tiny island nation situated in the Asian mainland could bring out that kind of a feat thousands of miles away from its actual homeland. A major part of this shock and disbelief was based mainly on the stereotypical view that the Americans had on the Japanese people – short people with orientalRead MoreThe Bombing Of Pearl Harbor2472 Words   |  10 PagesDecember 7, 1941, the bombing of Pearl Harbor; Doweswell said â€Å"The attack was timed to take place when American forces would be at their least alert. I worked like a dream; around ninety percent of all damage occurred in the first ten minutes. A fleet of six aircraft carriers and twenty-six craft support ships had sailed from Japan eleven days earlier† ( 150). So much pain and suffering was caused and will never be forgotten; Pearl Harbor is truly a date that will live in infamy. Before the war hadRead MoreAmerican Hist 1877 to Present. What If Paper1465 Words   |  6 PagesA Change in History? Looking back through American history there have been those â€Å"what if† moments. Moments where we sit there and think, what if that had never happened or if it happened at a different time? Would the world still be the same? Would American’s still have the freedom we have today? One will never know, we can only imagine what the world would have been like if a different course was taken. There are a few events in American history that I felt should have gone a little differentlyRead MoreJapan s Impact On Japan2268 Words   |  10 Pagesgoing throughout the years, Japan has been through a lot.   Some of the events that they was involved in was the Pacific War from 1941 to 1945, the horrific bombing of Hiroshima and Nagasaki, the Battle of Coral Sea, Battle of Midway, the bombing of Pearl Harbor, constitution of Japan, peace treaties concluded with various countries, Japan becomes a member of the United Nation, and the continuous economic growth. During that era, Japanese leaders felt that they were not being fairly by the United StatesRead MoreThe Navajo Language : The American Indian War Essay2843 Words   |  12 Pagesregardless of age, race, gender, and ethnicity changed as we witnessed a terror attack unfold on our homeland, the United States of America. The graphic images of the twin towers collapsing and an airline jet crashing into the Pentagon portrayed an image of what the American Indian’s must have seen as the Unites States Government (USG) made advances on their ancestral lands, threatening their very livelihood. As a direct result of conflicts with the USG, American Indians were relocated to reservations

The Balance Sheet of the Company Warehouse

Questions: You ,the auditor, attended the inventory count (stocktake ) of your client Smith Equipment and observed the following during the count : 1. Warehouse staff counted specific areas of the stock as determined by the warehouse supervisor ; staff members ,including the warehouse supervisor , were allocated their own area to count on their own. 2. Several blank sheets of paper were issued to each member of staff doing the counting. 3. Staff were instructed to write down the stock description and number counted . 4. Staff were told to write the stock quantities in pencil on the sheets to ensure errors can be corrected . 5. Any staff that completed a section early were allocated to another area to help out one of the other staff . 6. The supervisor collected all sheets at the end of the count to finalise the stock count . Required : Identify the weaknesses in the stocktake procedures above and identify how they could be improved. Question 2 You , the auditor , have spent 5 years as an au ditor . In this time you have come across numerous errors in performing bank reconciliations . The following are some of these errors: 1. An unreconciled item of $340 was on the final bank reconciliation of the client and was deemed by the client to be immaterial. 2. Two deposits totalling $4070 relating to accounts receivable were collected on 3July ( 30 June year end) but recorded as cash receipts on 30 June. 3. An amount from an associate company of $40,000 was banked 2 days before the end of the year in the clients bank account and then paid back 1 week after the end of the year . 4. A cheque for $6,000 was omitted from the outstanding cheque list on the bank reconciliation at 30 June . It cleared the bank on the 14 August . 5. A bank transfer of $20,000 was included as a deposit in transit at 30 June in the accounting records. Required : (a) What control should be implemented to reduce the likelihood of each of the above? (b) What is an audit procedure to detect or prevent eac h of the above? Question 3 The following is an extract from a working paper containing the results of the tests of controls in the accounts payable area: Test Result Conclusion Selected a number of supplier invoices and checked that the pricing and discounts have been reviewed and authorised by the purchasing manager Six out of 50 invoices tested had not been authorised .Incorrect discounts were recorded for these invoices.A follow up of the four incorrect invoices did not not highlight a pattern or specific reason for the errors. Accepted as the errors in the discounts claimed were immaterial. Required: (a) Identify the key assertion addressed by the test procedure . (b) Provide an explanation as to why the conclusion reached is appropriate or inappropriate. (c) Outline the key control procedure that you believe needs to be performed. Answer 1. While audit of the balance sheet of the company there are few items those needs to be looked and audited with better applied analytical and substantive procedures of the same. The responsibility of Inventory control lies with the manager of the warehouse of the location. The Manager must ensure that the staff members who are involved in stocktaking must aware of the established procedure which needs to be followed in stock taking. He is responsible for proper co-ordination between the staff member and also have the responsibility to complete the stock audit. However, it is duty of the auditor to visit the stocktaking site to determine the effectiveness of the stock taking. The slow moving inventory in a company. There are many cash dealings which get interrupted due to delay in stock being converted back into cash. The main intension and objective of Stocktaking is as follows: a) To verify the accuracy of stock b) The Stock valuation as stated in the financial statement must be supported by the physical verification of stock. c) To verify the weakness in the control and custody of stock. d) To disclose the possibility of Stock, theft or loss.(Smith 2013) In the given case auditor has attended the stock taking of Smith Equipment and certain discrepancies has been found by them which is described as follows: SI.No. Weakness Improvement Recommendation 1. Warehouse Staff Counted specific area of the warehouse for physical verification However, it is duty of the Warehouse manager to check all the area has been covered and no area has been left and physical verification of every item has been done properly 2. Issuance of blank sheet to each member of staff doing the count Instead of Issuing blank sheet to the stocktaking staff stock take scanner should be allocated to stock taker which will be used by them in stock taking along with the stock taking instruction. This brings better internal control and chances of error and loosing blank sheet is also low. 3. Staff Were Instructed to Write down the stock description and number counted Instead of giving this type of Instructor stock scanner as stated above should be given to each staff so that there is less chances of error and it will bring more accuracy. However, there is certain more recommendation which helps smith Equipment in better stock undertaking. This is as follows: 1. Before starting Stock date all the possible area and the product must be identified. 2. Meeting must be held with the staff member who will help in stock taking to ensure that they should know exactly what they have to do and how to do. 3. Any Question or confusion of the Staff member must be resolved and any suggestion which helps in better stock taking must be implemented. 4. Whenever any discrepancies noticed the same product must be recount for reconfirming the said discrepancies. 5. All the staff member engaged in the stock take must be properly guided by the stores manager during stock taking. 6. Stock Scanner must be provided to every staff member for better and more accurate stock taking. 7. Any obsolete , damaged or expired product which has been noticed during the physical verification must be reported. 8. Stores Manager must ensure that the obsolete material must be removed from the store and proper recording has been done. 9. Physical verification report should be made and it need to be submitted to the external auditor. 10. Before submitting the report to the External Auditor report must be discussed internally with the management so that there will be less changes of error.(Jacob october, 2012) 2. Control over the bank reconciliation ensures that all the cash transaction has been properly recorded in the books of accounts for a given period of time. Bank reconciliation also ensures the accuracy of the Financial Statement. However to ensure less changes of error in the Bank reconciliation one should implement the following procedure to reduce the chance of Error. This are described as follows: 1) Even a small amount of un reconciled items create a doubt in the mind of the auditor regarding the accuracy of accounts and existence of fraud in the company. In the given situation Item of $340 remain un reconciled which are treated by the as immaterial. 2) To reduce the chances of incorrect recording of account receivable, client should ensures that the entire credit voucher must be signed along with the supporting and then entry will be done in accounting system. 3) The Company may adopt the policy not to deposit the associate company money in own account in order to reduce complexity. 4) The omission of certain items from Bank reconciliation is serious issues. This even creates doubt about the correctness of bank reconciliation. In order to reduce such type of situation, the client may increase the frequency of reconciliation in order to ensure correct reconciliation process. 5) Recording of bank transfer as deposit is also an serious issue, this shows that accounting clerk is completely irresponsible and he must be warned that if the same continue, then he may be fired from the company.(Team n.d.) b) Audit procedure to detect and prevent each of the above case is as follows; 1) Auditor should compare the bank cancellation date with bank reconciliation. 2) Bank Confirmation should be taken from each bank with whom the client transit. 3. a) Key Assertion Addressed by the Test Procedure is as follows: i) Authorization of Purchase Manager in the Invoices is not taken seriously by the client. It may lead to fraud Error. As per the Test conducted by the auditor more than 10% of the invoices were not authorized which shows lack of effectiveness and Internal control in the company. ii) Incorrect Discount was also noted. This may be intentional or un- intentional. It might be possible that the billing personnel may give incorrect discount and it has been also noted that the bill in which incorrect discount was given was not sent for authorization. iii) However, the incorrect discount given was not in some pattern. This means that the discount given was not due to system fault or change in discount policy. The company should ask the billing personnel reason for such error, though the amount of discount given is immaterial but it shows lack of control in the organization. b) The Conclusion reached by the Client is not appropriate as it lacks control in the organization. Better policy is to identify the reasons for such mistake that why such error has been occurred whether the error is un-intentional or due to some fraud. With increase in volume of work in the organization, there is more chances that the error will also increase and more unnecessary discount will be given to the customer which results to financial loss of the company..(James n.d.) c) The Key Control procedure that need to be performed by the company is as follows: 1. If the company has manual billing system then that need to be computerized. 2. Discount for each and every item needs to be properly updated in the system and the same should be properly checked. 3. Dual checking of invoice should be done for some time once the invoice is generated from the system and second at the cash counter by the cash personnel. Bibiliograpy General, OOA 2015, Office of Auditor General, https://audit.wa.gov.au/reports-and-publications/reports/across-government-benchmarking-audits/timely-payment-invoices/. Jacob, M october, 2012, 'Stocktake of Rgional Research', p. 30. James, 'Substantive Tests of Transcation and balance', p. 60, https://novellaqalive2.mhhe.com/sites/dl/free/0074711709/90089/sample_ch10.pdf. Smith, H 2013, myob.com.au, https://myob.com.au/blog/7-steps-to-a-successful-stock-take/. Team, O, Opentution.com, https://opentuition.com/wp-content/blogs.dir/1/files/group-documents/15/1289882056-E.AuditEvidence.pdf.

Talent Mismatch free essay sample

This paper talks about the talent mismatch caused by skills shortages around the world. The paper reports on the difficulty experienced by employers all around the world in recruiting highly skilled workers who meet their strategic or long term goals. It cites the jobs noted by Manpower Group’s 2011 Talent Shortage Survey for which positions were hardest to fill by the employers all around the world. This paper also highlightsmajor business trends that are converging into a workplace. This paper also suggests employers to develop long-term recruitment strategies, sound job training strategies and appropriate retaining strategies. While it also suggests workers to have long term career planning that includes assessment of major skills required in the marketplace, strengths and areas of interest to ensure employability in ever changing work environment. Keywords: Talent Mismatch, Talent Shortage, Difficulty filling jobs, Labor shortfall, Talent Gap The demand for skilled labors in the global marketplace over the past decade and a half has been growing rapidly. We will write a custom essay sample on Talent Mismatch or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Despite global economic meltdown, recession and colossal rate of unemployment in many countries the demand for talented individuals in the marketplace has not declined, instead the demand for highly skilled labor has been rising. However, on the supply side, due to talent scarcity, many jobs are left unfilled. According to the recent survey conducted by human resource solutions firm Manpower (2011), 52% of UScompanies reported difficulty in filling out the jobs. Remarkably, the data from the previous year, 2010 stated just 14% companies had difficulty in filling out the jobs. Similarly, a report by World Economic Forum in collaboration with Boston Consulting Group titled â€Å"Global Talent Risk: Seven Responses† stated that the employability will become a huge problem worldwide in coming 20 years; it stated that currently, only 25% of Indian and 20% of Russians are deemed employable by multinationals. Furthermore, a talent shortage survey conducted by Manpower group in 2011 showed that employers in countries like Japan, India, Brazil, Australia, Taiwan, Romania, US and Argentina has some of thehighest rate of difficulty filling ut the jobs with Japan leading by 80%, followed by India 67%. Similarly, 54% of employers in Brazil and Australia also reported difficulty in filling out the jobs while Taiwan, Romania, US and Argentina reported 53%, 52% and 51% respectively. What is important to notice is that all the employers in these countries cited â€Å"lack of available talent† as a main reason in difficulty to fill out the available positions . The research conducted by the Manpower group revealed that, globally one out of three employers experienced difficulties in filling positions due to lack of available talent. These data show certain trends in the job market. First, the data implies that employers are finding it very difficult to fill in the jobs. Secondly, it suggests that talent crisis is creating problems for human resource management professionals to find so called â€Å"theright candidate for the right job†. Clearly, what we are seeing is a talent mismatch(Tammy Johns Harvard Business Review 2011). It simply means that employers are not able to find the right candidate for the job or the job seekers aren’t well suited for the available job in the marketplace. To sum up people available do not have the talent needed. There is a mismatch between the talent offered and the talent required. So what makes it difficult for employers to find the perfect employees who would exactly fit for the job? Who is to blame? Is it the poor human resource management within an organization who is unable to devise a sound job description and thorough job analysis or is it the lack of skilled and talented work force in the job market whose talents and skills completely mismatches with the requirements of a prospective employer? This paper aims to find answers to all these questions. This paper will focus on explaining the current trends in the job marketplace. The paper is written to highlight the causes of talent mismatch and enumerate other, environmental factors (political, demographical, technological etc. that are converging into a workplace and further elaborate on why talent mismatch exists in the marketplace and propose solutions for human resource management professionals and the workers to deal with this issue to better prepare for long –term growth and success in this ever changing business world. The paper has been written after a through literature review, of various website articles, jou rnals, periodicals and other published material related with talent mismatch in order to gain more insights, ideas, to find answers to why talent mismatch exists and to analyze what kind solutions are there to deal with the issue. Academic databases such as Academic Search Complete, Business Search Complete, Science Direct and Google Scholars were used with keywords-talent mismatch, global talent crisis and talent shortage while reviewing the literature. However the paper does not emphasize the issue of talent mismatch on one particular organization or a country. It takes into account the overall situation of talent scarcity around the world. The paper also doesn’t delve into the role of government in handling talent crisis. 1. 2 Global Trends: â€Å"The world of work is changing† The world of work is changing and these changes are taking place due to changes in various environmental factors mainly four, technological, demographical, rise of customer sophistication and individual choice† says Melanie Homes, vice president of Manpower Group. As demographics of certain economy changessuch change are directly influencing or are converging into a workplace. For instance, work force in countries like Japan and Korea are ageing. In such countries there are not as many workers coming into work force as there are retiring, creating huge pools of talent shortage. According to World Economic Forum, in developed countries retirement of Baby Boomers will have significant impact on managing workforce quantity, quality and costs. United States for example, will need to add more than 25 million workers to its talent base by the year 2030 to sustain economic growth (World Economic Forum, 2011). Similarly, emergence of new economies such as Brazil, Russia, India and China also known as BRIC will further drive demand for well-educated professionals, technicians and managers. Moreover,rapid proliferation of new and advance technology will highly influence the way people work, when they work, how they work and even who can work (Melanie Homes Talent Mismatch-The gap widens 2011). In addition, employers today will be looking for highly specialized skills that will enable their company to do more with less and meet the ever rising expectation of shrewd and smart customers, stacking up the demand for highly skilled and professional workers. According to Manpower Group’s Talent Shortage Survey 2011 some of the most difficult jobs to fill are technicians, sales representative, skilled trades work (such as electrician, carpenters, machinist, mechanics, welders and plumbers), engineers, laborers, managers/executives, accounting and finance staff, production operators and finally secretaries, personal assistants, administrative assistants and office support staff. Figure 1. The World’s Toughest Job to Fill Source: Manpower Talent Shortage Survey May 2011 DISCUSSION 2. 0 Reasons of Talent Mismatch The drivers of these skill shortages (Figure 1) are well known; ageing population, education- to- employment systems that are not producing enough graduates and employees with the skills necessary to fill important jobs, underinvestment in organizational training, and the shift to knowledge economy fueled by skilled, well trained knowledge workers (Eric Krell Human Resource Magazine 2011). Similarly Manpower Group in their annual global talent mismatch survey (2011) reports that employers have difficulty filling out the jobs because prospective employee lacks technical or hard job skills, they lack business knowledge, some candidates simply seek more pay than that is offered while many lack experience. Furthermore, the same survey also states that prospective employee don’t possess the right personality and attitude to fit the job, they are not willing to work on contingent basis and some do not accept the job due to geographic location. Moreover, (ASTD 2006)has identified four major factors behind today’s skills gap: (1) Jobs are changing (2) Workforce growth is slowing (3) Educational attainment is lagging the need for skills (4) Businesses are not leveraging their learning investments effectively. â€Å"Changes in the nature of business are leading to changes in the skills required of employees. Global competition, technology, and other forces place a premium on speed, innovation, and the ability to adapt rapidly to change†(ASTD 2006) Figure: 2 Reasons for Difficulty Filling Jobs Globally Source: Manpower Talent Shortage Survey May 2011 However some authors argue that there is no such thing as talent mismatch; it is just the mindset of hirers, employers and human resource professional who are creating the talent gap. Kevin Wheeler of the recruiting site ere. net writes â€Å"We (hiring managers, executives, HR folks, and recruiters) set up expectations and define jobs based on what is traditional. We work from habit and past experience. Some of us say that we cannot find qualified C# programmers, for example, when we all know that there are very few people with good skills in this area. Something different might be to rethink the job entirely so that it more closely matches someone we already know is available. † Tammy Johns, a senior vice president of Manpower Group also reiterates the same concern that employers should construct work in such a way that they can hire available talents in the market rather than narrowly defining their job description. 3. 0 Impact of Talent Mismatch Every economy needs skilled labor for their economic development. Strong labor force influences productivity and competitiveness of an economy. They are the source of growth and innovation. However, lack of up to date skills of a labor force in an economy can have an adverse effect on the economy. As a talent gap widens, organization can no longer grow or remain competitive because it cannot fill critical jobs with employees who have the right knowledge, skills, and abilities (Pat Galagan 2010). It is not just individual organizations or sectors that are feeling the consequences of the skills gap. Communities, states, regions, and entire nations pay a heavy price when they can neither find nor equip workers with the right skills for critical jobs. (Pat Galagan, Bridging the Skills Gap 2010). In their book The Chief Learning Officer: Driving Value within a changing organization, authors Tamar Elkeles and Jack Phillips wrote that â€Å"Nothing is more devastating to an organization than not having a fully prepared workforce. An unprepared workforce can reduce profits, impede market share, create inefficiencies, lower morale, and/ or increase attrition. More importantly, it can affect the quality of service provided to customers†. 4. 0 Strategies to bridge the talent gap The ongoing talent crisis will put many employers under pressure to change their current recruiting strategies. Employers who are finding it difficult to fill out the positions need to understand that drastic changes in recruitment policies must be pursued if they are to recruit employees for the unfilled positions. According to American Society for Training and Development(ASTD 2006) â€Å"Business leaders obtain the talent they need by ecruiting experienced workers to fill specific skills gaps. But more and more, faced with the reality of rapidly changing skills needs, the efficiency of technology-enabled learning, and an increasing shortage of skilled labor across many industries, these leaders understand that they also must train and develop their employees or risk business success†. To be effective, employers need to understand what skill sets they need at the present and what skill set they would need in the future in each level of the organization. In Harvard Business Review article titled Money Ball and the Talent Mismatch Facing Business,Tammy Jones, a senior vice president at Manpower Group writes that by constructing work differently to take advantage of the specialized talent that is currently available can create a huge competitive advantage. â€Å"In many organizations challenged by a very competitive business environment, it’s not enough to â€Å"hire for attitude† and â€Å"train for skills. † Employees must come to work with skills that allow them to be effective immediately. Starting with the selection process, savvy organizations identify critical skills and competencies that new hires must have, and they recruit for those† (ASTD 2006). Similarly Manpower Group states that hiring from a restricted pool of available workers, who may not possess the necessary skills and capabilities can bridge the talent gap. Kevin Wheeler of the recruiting site ere. net adds â€Å"Many available people are older or retired and have skills that have become obsolete or are not needed right now. However, these people could be retrained for some of the open positions if we took a different attitude. Unfortunately most of us or most of our employers anyway, would rather spend money on search fees, agency fees, administrative overhead, and  advertising  rather than on intensively training people with decent basic skills. Granted, we cannot train people for every job because many of them do require experience, or time in the saddle, as they say, in order to be successful. However, I think we could significantly lessen the labor shortage if we were willing to be a bit wider in our job expectations and definitions† In addition, a report by World Economic Forum in collaboration with Boston Consulting group titled â€Å"Global Talent Risk – Seven Responses† states that employers should extend the applicant pool by tapping women and older professionals, the disadvantaged and immigrants. Besides, creating pool of many applicants, employers can also bridge the ongoing talent mismatch by training their existing employees. Employees should treat training as an investment and should consider developing their existing staff. Employers should be willing to provide training and development for the jobs they have a need to get done says Kevin wheeler, a writer at recruiting site ere. net. Employers should invest in employee development and focus on retaining their existing employees says Bram Lowsky, a senior vice president and manager at Right Management Canada. Many organization and employers does not take retention into account, they feel that lost talent can be replaced easily while they forget that those who leave take valuable experience and institution knowledge with them. New recruits no matter how talented they are cannot replace or bring such knowledge into workplace therefore retaining and retraining existing employees can make lot more difference, consequently bridging the talent gap. In aweb seminar titled Talent Mismatch –The Gap Widens (2011) addressed by Melanie Holmes, vice president of Manpower Group she reiterated that by pursuing various strategies such as focusing more on staff retention in jobs where recruitment is difficult can help employers ease their burden caused by talent crisis. She also adds that with advent of new technologies it is possible for employers to broaden their search for talent outside their local region and have them work without asking them to relocate. It has been noticed that colleges and universities are not producing talented graduates. Many employers complain that the fresh graduates from university lack hard skills or soft skills. World Economic Forum in their recent report stated that â€Å"What is needed is an adaptable but efficient education system that includes practical and theoretical skills, lifelong learning and up skilling†. Therefore by partnering or collaborating with educational institutes and by developing curriculum that are aligned to employer’s future needs, can significantly, reduce the skills gap. Similarly by offering internship and vocational training opportunities employers can significantly improve their chances of finding employable candidate. From workers or employees point of view, they should be very proactive in acquiring skills in furthering their education and committing to lifelong learning. They should understand that advancement in technology are shaping the world of workplace thus, they must learn to be flexible and must keep pace with new set of skills to stay competitive in the job marketplace. Moreover, employees should take necessary steps to increase their knowledge and skills whenorganization requires it. To sum up they should take responsibility for their skills and aptitude development in order to stay competitive in the job market. 5. 0 Conclusion: The issue of talent mismatch has gained much prominence and importance in today’s business world. A result of the survey conducted by Manpower Group and recent report from the World Economic Forum and Boston Consulting group presents compelling evidence that talent mismatch gap in the workplace is widening. The changes in global business environment has triggered demand for talented individual however many jobs are still left unfilled due to lack of available talents in the marketplace. Many employers all around the world are finding it very difficult to fill out the available positions. Therefore, strong action is needed to address the issue of talent mismatch.

Gun Control Essays (1624 words) - Gun Politics In The United States

Gun Control Americans are faced with an ever-growing problem of violence. Our streets have become a battleground where the elderly are beaten for their social security checks, where terrified women are viciously attacked and raped, where teen-age gangsters shoot it out for a patch of turf to sell their illegal drugs, and where innocent children are caught daily in the crossfire of drive-by shootings. We cannot ignore the damage that these criminals are doing to our society, and we must take actions to stop these horrors. However, the effort by some misguided individuals to eliminate the legal ownership of firearms does not address the real problem at hand, and simply disarms the innocent law-abiding citizens who are most in need of a form of self-defense. To fully understand the reasons behind the gun control efforts, we must look at the history of our country, and the role firearms have played in it. The second amendment to the Constitution of the United States makes firearm ownership legal in this country. There were good reasons for this freedom, reasons, which persist today. Firearms in the new world were used initially for hunting, and occasionally for self-defense. However, when the colonists felt that the burden of British oppression was too much for them to bear, they picked up their personal firearms and went to war. Standing against the British armies, these rebels found themselves opposed by the greatest military force in the world at that time. The 18th century witnessed the height of the British Empire, but the rough band of colonial freedom fighters discovered the power of the Minuteman, the average American gun owner. These Minutemen, so named because they would pick up their personal guns and jump to the defense of the ir country on a minute's notice, served a major part in winning the American Revolution. The founding fathers of this country understood that an armed populace was instrumental in fighting off oppression, and they made the right to keep and bear arms a constitutionally guaranteed right. Over the years, some of the reasons for owning firearms have changed. As our country grew into a strong nation, we expanded westward, exploring the wilderness, and building new towns on the frontier. Typically, these new towns were far away from the centers of civilization, and the only law they had was dispensed by townsfolk through the barrel of a gun. Crime existed, but could be minimized when the townspeople fought back against the criminals. Eventually, these organized townspeople developed police forces as their towns grew in size. Fewer people carried their firearms on the street, but the firearms were always there, ready to be used in self-defense. It was after the Civil War that the first gun-control advocates came into existence. These were southern leaders who were afraid that the newly freed black slaves would assert their newfound political rights, and these leaders wanted to make it easier to oppress the free blacks. This oppression was accomplished by passing laws making it illegal in many places for black people to own firearms. With that effort, they assured themselves that the black population would be subject to their control, and would not have the ability to fight back. At the same time, the people who were most intent on denying black people their basic rights walked around with their firearms, making it impossible to resist their efforts. An unarmed man stands little chance against an armed one, and these armed men saw their plans work completely. It was a full century before the civil rights activists of the 1960s were able to restore the constitutional freedoms that blacks in this country were granted in the 18 60s. Today's gun control activists are a slightly different breed. They claim that gun violence in this country has gotten to a point where something must be done to stop it. They would like to see criminals disarmed, and they want the random violence to stop. I agree with their sentiments. However, they are going about it in the wrong way. While claiming that they want to take guns out of the hands of criminals, they work to pass legislation that would take the guns out of the hands of law-abiding citizens instead. For this

Free Essays on Power Perspectives

Perspectives on Power In today’s society there are often power struggles about almost everything. As Max Weber points out, we perceive power as the ability to get your way, even over the resistance of others. Social power, political power, or economic power is all supremacy that people want to achieve; but who actually conquers these powers? Who determines such authority? There are three theoretical perspectives in sociology make general statements about how some parts of the world fit together. Sociology uses symbolic interactions, functional analysis, and conflict theory to analyze power relations in society, politics, or economics. Each theory interprets reality in a distinct and unique manner. Symbolic interactions focus on the level of analysis. It examines small -scale patterns of social interaction. It observes what people do when they are in the presence of others. â€Å"Symbolic interaction studies how people use symbols to establish meaning, develop their views of the world, and communicate with one another (Henslin 2002, p.14).† Symbols define for us what relationships are and allow society to exist. Using symbolic interaction one can analyze power relation by examining the status of a person. One who is rich and wealthy may be viewed as powerful because they have luxurious cars, houses and accessories. It can demonstrate the person’s achievements and success which lead them to prosper; therefore, attaining an authoritative position. They use status symbols to identify their power. Parents are symbols of power. They exercise the authority over their children. They have the power to discipline their children, choose schools, religion and mo rality. This is a type pf traditional authority which is based on custom (Henslin 2002, p. 275). The goals of people constantly change over time. People’s standards and symbols of success increase leading them to want more money. As meanings and interpretatio... Free Essays on Power Perspectives Free Essays on Power Perspectives Perspectives on Power In today’s society there are often power struggles about almost everything. As Max Weber points out, we perceive power as the ability to get your way, even over the resistance of others. Social power, political power, or economic power is all supremacy that people want to achieve; but who actually conquers these powers? Who determines such authority? There are three theoretical perspectives in sociology make general statements about how some parts of the world fit together. Sociology uses symbolic interactions, functional analysis, and conflict theory to analyze power relations in society, politics, or economics. Each theory interprets reality in a distinct and unique manner. Symbolic interactions focus on the level of analysis. It examines small -scale patterns of social interaction. It observes what people do when they are in the presence of others. â€Å"Symbolic interaction studies how people use symbols to establish meaning, develop their views of the world, and communicate with one another (Henslin 2002, p.14).† Symbols define for us what relationships are and allow society to exist. Using symbolic interaction one can analyze power relation by examining the status of a person. One who is rich and wealthy may be viewed as powerful because they have luxurious cars, houses and accessories. It can demonstrate the person’s achievements and success which lead them to prosper; therefore, attaining an authoritative position. They use status symbols to identify their power. Parents are symbols of power. They exercise the authority over their children. They have the power to discipline their children, choose schools, religion and mo rality. This is a type pf traditional authority which is based on custom (Henslin 2002, p. 275). The goals of people constantly change over time. People’s standards and symbols of success increase leading them to want more money. As meanings and interpretatio...

Corporate Governance Law Assignment Example | Topics and Well Written Essays - 3000 words

Corporate Governance Law - Assignment Example According to Turnbull (1999, p. 189), corporate governance is defined as executive procedures and structural organization that is used to manage and direct business towards ensuring financial stability and achievement of objectives. Corporate governance is concerned with the relationship among the Board of Directors, minority shareholders, controlling shareholders, and the management. The history of corporate governance dates back to the nineteenth century when there was increasing emergence of limited liability companies in Europe and America (Klapper and Love, 2003, p. 28). Since then, the system has increased in prominence in many countries across the world because it has proved to contribute to sustainable economic development and the performance of companies. Minow (2002, p. 16) notes that the principles of corporate governance provide the framework for the following: disclosure and transparency, the role of non- financial stakeholders, the Board of Directors responsibilities, r ights of shareholders and other stakeholders and their equal treatment. OECD (2005) states that corporate governance law is at the core of corporate governance and further argue that it provides basis for various aspects of corporate governance hence making it effective. Corporate governance law provides framework for intellectual property, litigation, mergers and acquisitions, and other vital decisions that relate to corporate governance (Minnow, 2002, p. 71). ... Importance of Corporate Governance Before comparing and contrasting Anglo- American model and European model of corporate governance, it is crucial to understand why corporate governance is important and relevant to countries and companies. According to Bhagat and Bolton (2008, p. 260), numerous studies have shown that corporate governance plays an important role in facilitating and guiding the development processes of countries and organizations towards achievement of their objectives. Klapper and Love (2003, p. 33) argue that even though corporate governance is important for all the countries regardless of their social and economic status, the concept is more crucial in achieving public policy objectives in emerging market countries. Good corporate governance is essential in reducing the vulnerability of emerging market to financial crises, contributes to capital market development, reduces cost of capital and transaction costs, and reinforces property rights (La Rocca, 2007, p. 31 2). Basically, corporate governance is critical in addressing the issue of integrity especially regarding how the management and board of companies are discharging their duties. Apart from that, corporate governance provides the basis for setting up regulatory entity; it allows an organization to introduce regulation and oversee the proper implementation of the regulation. Additionally, this concept is vital in enhancing the institutions’ remunerations and financial policies which enable institutions to make profits and prevent the institutions from effects of financial crises (OECD, 2005). According to Minow (2002, p. 30), strong corporate governance practices significantly increase productivity,