Thursday, October 31, 2019

Italian Financial crisis Research Paper Example | Topics and Well Written Essays - 1500 words

Italian Financial crisis - Research Paper Example This paper aims to discuss the financial crisis in Italy. The collapse in 2008 of Lehman Brothers represents Italy’s economic emergency starting point. During the financial crises, initial stages, Italian investors and banks had suffered minimally. America’s housing market issues had as of yet to hit Italy. Financial institutions in Italy were not in possession of sub-prime bonds in large quantities. The collapse of Lehman Brothers started what was the most dramatic of phases via contracting interbank loan markets. Due to a shortage of liquidity and doubts on the borrower’s financial soundness, banks stopped lending each other money. Governments induced by the liquidity crisis lent loan support to national banks while the ECB lowered the rate of discount. Banks, however, reduced access of credit for clients in order to regain liquidity. At this point, the Italian economy became entangled in the crisis. Large banks are not many in Italy, with most operating on the regional scale (Silvia & Hana 50)1. The crisis affected these larger banks, Lehman Brother’s collapse resulting in them losing funds and from the devaluation of their assets due to the collapse of the stock market. The biggest problem, which Italian banks faced was due to its links with Eastern and Central European countries (Organization for Economic Cooperation 15)2. Since the early 90s, banks extended their branch networks to countries, which had been candidates for EU membership and Ukraine. The risk of imminent collapse in this region caused the banks to lose value on their shares due to doubts about its solidity financially. Government support helped avoid a crisis. Medium and small size banks, however, reacted via reduction of credit to consumers and clients and increasing collateral for new loans. This, in turn, caused a reduction house and machinery

Tuesday, October 29, 2019

Child Welfare Information Gateway Essay Example for Free

Child Welfare Information Gateway Essay In every state in the United States, teachers are subject to mandatory reporting laws (Smith 2006). In most cases that means the teacher is required to contact a law enforcement agency or child protective services regarding the allegations of abuse.   The law is rapidly changing regarding the requirements for reporting abuse and in many cases mandatory reporting laws have been extended from child care professionals and medical professions to the clergy as well (Smith 2006). Each state’s definition of when a teacher must report suspected abuse varies, but there is no state that penalizes a teacher who, acting in good faith made a report that turned out to be wrong. In the case of Mary, once her friend tells the teacher that Mary’s new step-father is â€Å"doing bad things to her†, the teacher is under a legal and moral obligation to report the suspected abuse to the proper authorities for investigation. If the teacher has reason to question the validity of Mary’s friend’s statement, she should explain that to the investigating authority as well, but making the report is an indisputable necessity. Teachers and others who are listed as mandatory reporters can face civil and criminal penalties for failing to report suspected abuse if something untoward should happen to the child. More importantly, though teachers are trained to spot early signs of abuse and neglect and report them, teachers do not have the extensive training necessary to investigate the accusations and make a determination whether abuse is happening. In this way, a teacher is not only protecting the child, but also protecting herself in reporting (Smith 2006). The issue for the teacher can be one of legal protection and emotional protection. Most people, including teachers, would feel tremendous guilt if they determine no abuse was happening, failed to report it to other authorities and then the child was injured through abuse. The decision then to talk to Mary about the accusations is a difficult one. Obviously, if Mary has been a student that the teacher is close with and has routinely shared her private life with her teacher, then approaching the subject delicately can let Mary know there is someone on her side. However, if talking with Mary is mishandled, it could hamper her future school relationships and potentially hamper the official investigation into the abuse. The correct way for a teacher to handle this would be to talk to the student privately at a time when it does not appear that talking with the teacher is punishment. Talking with her over a recess break or during a fun classroom activity could lead a seven-year-old to believe that she had done something wrong and was being punished for it. Therefore, given Mary’s age it might be appropriate to begin the conversation in as non-threatening a manner as possible. Selecting Mary for a chance to offer â€Å"special assistance† to the teacher might be an easy way to arrange to have the conversation. If Mary is helping the teacher to retrieve supplies or set up a fun classroom segment, she might be more at ease than if a formal meeting were set up. Remember, the key is making Mary comfortable. Once the when has been established, the how of the discussion becomes less arduous, though it is still a difficult task. The teacher must again continue to be as non-threatening as possible and must be certain not to betray Mary’s friend’s trust. If Mary believes her friend is â€Å"tattling† on her, she is likely to become more withdrawn and less willing to talk.   One approach that might work is to ask Mary about the symptoms she was exhibiting in a non-accusatory way. For example, asking Mary if she’s having trouble sleeping or casually discussing Mary’s home life. A teacher could consider an opening question like, â€Å"Mary, I noticed you seemed really sleepy this morning (last week, Tuesday, whenever). Do you have trouble sleeping at night like I do?† The teacher immediately establishes a common thread with Mary and does not appear to be asking about troubling or scary situations. Then, the teacher should ask deeper more pertinent questions based on the flow of the conversation. If it is determined that Mary has been abused, the consequences for her could be grave. Most studies report that the age and amount of psychological development at the time of the abuse largely affect the long-term consequences. (Child Welfare 2006). In Mary’s case, long term physical effects can include poor health or injury, depending on what types of bag things her step-father is doing to her. Children who are exposed to sexual abuse face a danger of sexually-transmitted diseases in addition to the physical effects of the abuse. Psychological consequences of the abuse can be even more damaging, long term.   An abused child is likely to have inappropriate social boundaries, either being to gregarious and open sexually or becoming withdrawn. They often also face cognitive development problems and mental health issues. As teens, children who were abused face greater risks of drug and alcohol abuse and greater instances of juvenile delinquency and crime. In short, if this is occurring, then Mary needs to be protected as soon as possible. (Child Welfare 2006). Longitudinal studies have shown that the longer the abuse continues, the more drastic the consequences might be. REFERENCES Child Welfare Information Gateway, 2006 , http://www.childwelfare.gov/pubs/factsheets/long_term_consequences.cfm, July 24, 2007. Smith, Susan K. â€Å"Mandatory Reporting of Child Abuse and Neglect† Nov. 2, 2006, http://www.smithmoorellc.com/mandatory_reporting.htm July 24, 2007.

Saturday, October 26, 2019

Procedural Fairness in Unfair Dismissal

Procedural Fairness in Unfair Dismissal Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004: A report - In October 2004 the government introduced a statutory minimum disciplinary and grievance procedure dealing with disputes in the workplace. These procedures and related rules are set out in the Employment Act 2002 (Dispute Resolution) Regulations 2004 and state that employers must follow a minimum dismissal and disciplinary procedure in the workplace or otherwise dismissal will be automatically unfair. When bringing a claim at the Employment Tribunal for unfair dismissal, employees are also entitled to additional compensation if these disciplinary and dismissal procedures are not adhered to. Although the aim of the Regulations was to encourage informal resolution of disputes, many employers felt that they were too complicated and did not achieve the desired aim. Gibbons (2007 pg.24)[1] sums up this view, ‘The procedures are seen as a prelude to employment tribunals, rather than a way of resolving problems in the workplace’ The Employment Bill 2007 therefore recommends a repeal of the Regulations for what is hoped will be a more straightforward regime likely to come into force in April 2009. The Regulations A standard dismissal procedure as per the Regulations involves the following three steps. The first is a letter which must be sent to the employee setting out the reason for dismissal and inviting them to a meeting at a convenient time and place. The employee must be given time in which to consider the letter and then has a duty having done so to take all reasonable steps to attend the meeting. The second step involves the actual meeting which has to be conducted in a manner which enables both employer and the employee to explain their case. After the meeting the employee must be notified of the decision and provided a right of appeal. The third step would be the appeal process and if the employee wishes to appeal, they must inform the employer who will then invite them to an appeal meeting. The onus is on the employee to take all reasonable steps to attend this appeal meeting and as far as is practicable a more senior manager from the organisation should attend the appeal meeting. The appeal meeting must be conducted in the manner in which enables both the employer and the employee to explain their case. After the meeting the employee must be notified of the final decision. During every meeting in the process, the employee has a right to be accompanied by a work colleague or a trade union official. This companion may address the hearing, confer with the employee during the hearing and may also sum up the employees case but must not answer questions on behalf of the employee. In the case of a grievance against an employer the same steps must be followed with the letter sent from employee to employer stating the nature of the grievance and asking for a meeting to be held. Where the employee has already left employment the Regulations provide for a modified procedure that does not require the Step 2 meeting. The problems created by the Regulations When the Regulations came into force on the 1st October 2004 the government resolved to revisit them after two years. The Department of Trade and Industry confirmed this in its Success at Work Report (2007 pg. 8)[2] ‘This is a key part of DTI’s work to simplify regulation, by removing compliance costs and complexity, and addressing irritants for business and others affected by employment law, while ensuring that employee rights are protected.’ The government then commissioned an independent report on the 12th December 2006 written by Michael Gibbons who was asked to assess all employment dispute resolution procedures including suggestions for adapting the Regulations if he found them not to be fit for purpose. He interviewed over 60 employers, employees and intermediaries involved in dispute resolution. Gibbons in his report entitled Better Dispute Resolution (2007 pg.5) states[3], ‘In conducting the Review I was struck by the overwhelming consensus that the intentions of the 2004 Regulations were sound and that there had been a genuine attempt to keep them simple, and yet †¦as formal legislation they have failed to produce the desired policy outcome. This is perhaps a classic case of good policy, but inappropriately inflexible and prescriptive regulation.’ It became apparent that the regulations did not state clearly what a written grievance was or what it was to contain. With no specific guidance on this, parties called for procedural hearings at the ET to establish whether the claimant actually put their grievance in writing and whether all of the claims that were found in their Claim Form had previously been evidenced in the grievance letter. The respondents were claiming that this was not the case and therefore there was no case to answer. Therefore although the procedures were clear as to the steps to follow in bringing a dispute insufficient guidance was given about each stage leaving Tribunals with an increase in the number and length of proceedings. Gibbons explains the difficulty with identifying what constitutes a grievance letter (2007 pg.8), ‘†¦comments in resignation letters and in 360-degree feedback forms have been held to meet the requirements, so some employers feel it is necessary to check closely and investigate any written communication that might be construed as a grievance’ Although the intention of the regulations was for early informal resolution of disputes, the drafting of the Step 1 letter and consequent meetings in practice escalate many issues taking up management time and proving stressful for employees. Also the three step process as outlined above was not always adequate in all circumstances. Small businesses in particular have complained about the formal, ‘one size fits all’ approach of the regulations. Gibbons explains (2007 pg. 8), ‘†¦the appeal stage is an unnecessary burden, especially for small businesses. The appeal will often be to the same person who made the original decision. It can also be difficult in cases where employees have left the workplace. One business felt it necessary to follow the three-step procedures for each of their Christmas temporary staff before they left – a process which added no value.’ The main thrust of the opposition to the current regime is that it has created an unhealthy overlap between the resolution of disputes and the litigation procedure which should as far as possible be kept separate. For example the regulations stipulate that before a claim is lodged at the Employment Tribunal (ET) a grievance letter must be sent to the employer within three months of the alleged dismissal or conduct. Any breach of the procedure would allow the Tribunal to grant up to 50% increase if the fault was that of the employer or 50% reduction in the award depending on whether the fault was that of the employee. Of course apart from the fact that it is not always easy to ascertain whose fault led to a breach of procedure such stipulations and penalties mean that litigation has to be considered at an early stage when resolution of the dispute should be paramount. Gibbon states (2007 pg.25), ‘Both large and small businesses have reported that the number of formal disputes has risen. The Review has heard that 30 to 40% increases have been typical in the retail sector.’ Further complications arise where there are multiple claims for example in an equal pay case and the three step process has to be repeated many times creating an unnecessary administrative burden. The same burden is also felt where and employer seeks to follow the disciplinary steps and at the same time the employee also seeks to pursue a grievance. ‘It is not always clear how the two strands of the Regulations should operate in such circumstances, and employers can feel compelled to hold excessive numbers of meetings and write excessive numbers of formal letters to be sure of fulfilling the procedural requirements’[4] The proposed reforms As a result of the Gibbons Review, the Government held a consultation and the responses received formed the basis of the present reform proposals published in the Employment Bill 2007 which has received royal assent and is now the Employment Act 2008. The first major reform is for the Regulations to be repealed in their entirety in April 2009 and replaced with a revised ACAS Code of Practice (the Code) which has been agreed in draft form. There will also be non statutory guidance also provided by ACAS. ACAS stands for the Advisory Conciliation and Arbitration Service and currently offers employees an arbitration service as an alternative to resorting to proceedings. Also it has always provided a Code for resolving disputes but it is only now being adapted and incorporated into statute. In actual fact the revised ACAS code provides for the same three step procedure but does not incorporate the same penalties and conditions as the Regulations. There have also been some additional requirements which seem to lean towards ensuring that employees behave ‘reasonably’. The draft Code is designed to provide basic practical guidance for disciplinary and grievance procedures but is limited as it will not apply to dismissals as a result of redundancy[5] or expiration of a fixed term contract.The Code describes the remit it covers[6], ‘Disciplinary situations include misconduct and/or poor performanceGrievances are concerns, problems or complaints that employees raise with their Employers’ It suggests in the Foreword of the Code[7] that employers and employees should try to resolve disputes between them. However if they cannot, they should seek the help of an independent third party inside or outside the organisation. The Code provides that where the Employment Tribunal must ascertain compliance with the Code it will do this on a case by case basis taking into account the size and resources of the employer. Therefore unlike the Regulations there is no expectation that all business will comply with every provision in the Code providing greater flexibility for employers. In relation to disciplinary procedures the first step is to establish the facts of each case by collating evidence and holding an investigatory meeting if necessary. The Code then states[8], ‘If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting’ New provisions provide for evidence collated including witness statements to be provided by the employer with the letter requesting a disciplinary meeting. Also an employee may call their own witnesses. The statutory right to be accompanied to this meeting still stands however the Code’s emphasis on ‘reasonableness’ is evidenced where it states[9], ‘However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would not prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.’ The dispute Regulations had provided that on appeal the employer only had to make one attempt to reconvene the meeting however under the Code the employer has to show that the employee has persistently been unable or unwilling to attend before a decision can be made in their absence.[10] If the employee decides to appeal, grounds of appeal in writing must be submitted to the employer.[11] This requirement was not found in the Regulations and the idea behind it is to ensure that further time is not spent discussing issues that have already been covered in the first meeting. In a case of a grievance for example instead of the emphasis on a Step 1 grievance letter, the revised Code states[12], ‘If it is not possible to resolve a grievance informally employees should raise the matter formally and without unreasonable delay’ The employee should inform the employer of the grievance preferably in writing and the letter should be addressed to the line manager. Unlike the Regulations, a claim would not be barred in absence of a grievance letter although a failure to send this letter would be a breach of the Code and may lead to a reduction in the award. The Code states that a meeting must be heard pursuant to the letter and that the employee must have the right to be accompanied by a colleague or trade union official. As with the disciplinary procedure, the requirement here is that the right to be accompanied is reasonable. During the meeting the employer can ask for an adjournment in order to carry out an investigation. There is also a right of appeal and subsequently the employee can decide to take the matter further and pursue the case in the Employment Tribunal. The new regime will not hold a dismissal to be automatically unfair if there has been a breach in procedure. Employment Tribunals will have to decide cases on what is fair and reasonable and will have discretionary powers to adjust awards of up to 25% if either employer or employee has not followed the ACAS code. In relation to this provision the government report Resolving Disputes in the Workplace Consultation (May 2008 pg.16) it states, ‘This will be a power rather than a duty in order to allow the employment tribunals discretion to apply it in the interests of justice and equity’ It is hoped that these reforms will give a higher level of flexibility in resolving work place disputes and various businesses can tailor the new regime to their specific needs. The Government has also agreed as part of the reform to invest  £37M into the ACAS helpline system in order to provide early mediation for workplace disputes that would otherwise result in tribunal claims. Resolving Disputes in the Workplace Consultation (May 2008 pg.16)[13] states, ‘The government considers the way forward should be a short non prescriptive Statutory Code setting out the principles of what and employer and employee must do supported by fuller statutory guidance’ The idea is that the new statutory code will provide guidance for employment tribunals and the non statutory guidance will be used by employers and employees. Where a grievance arises during a disciplinary process, the disciplinary may be suspended or both can be dealt with concurrently if related. The Code does not cover collective grievances which must be dealt with under the agreed collective grievances procedures agreed with trade unions. The likely effect of these reforms on employers and employees It is unlikely that the Code will have a major change on the dispute resolution process in the work place. The code incorporates the same three steps that were found in the Regulations. There is still a penalty of an increase or decrease in the award up to 25% depending on whether the employer or employee is at fault. Because the employee is likely to suffer a reduction in compensation of up to 25 % the pressure to ensure a grievance letter is sent still remains. Although unlike the Regulations, the claim is not barred due to failure to lodge a grievance, the number of grievances brought by employees is not likely to be reduced for so long as there remains a penalty, albeit the employee at the grievance stage may not have considered litigation. So arguably there may not necessarily be reduction of time spent on hearing and processing grievances in the workplace. Also with the repeal of the Regulations there is no automatically unfair dismissal because of non compliance. Many have argued that this places fewer restrictions on unscrupulous employers therefore increasing the likelihood of litigation. There would need to be clear communication by the government and business to their employees as to how the new regime will work and arrangements need to be put in place for the transition between the old and new procedures. As far as practical points flowing from the provisions of the ACAS Code, the following would ensure that employers are taking the right steps to ensure compliance although there still remains areas of uncertainty that will only be made clear once the Code is put into practice. Mediation training should be provided for Human Resources staff to act as internal mediators and consider compiling a list of good mediators outside the organisation. In the Introduction of the Code, it states that employees should be involved where appropriate in the development of rules and procedures so to this end it would be prudent if employers hold consultation meetings with employees and their Trade Union Representatives during the transition period between the Regulations and the Code. Guidelines should be provided as to how to provide a ‘reasonable opportunity’ to call witnesses (Clause 12) and establish in policy that that the right to be accompanied is subject to considerations as to reasonableness (Clause 15). These issues are clearly subjective and would vary on a case by case basis and are therefore likely to prove controversial or even problematic Guidelines should be drafted as to when and under what circumstances the employee has shown inability or unwillingness to attend a disciplinary meeting without good cause. Different people should oversee the investigatory and later the disciplinary process. In order to facilitate early resolution of disputes as well as implementing the Code the government also intends for ACAS to provide a helpline where simple disputes can be dealt with over the phone or by internet. This extends the existing right to mitigation that parties must be notified of in any dispute. However the issue is ensuring that ACS has the necessary funds and staff to successfully fulfil this role. Staff must be well trained in providing employment advice and negotiating settlement between parties. Another proposal is that the Employment Tribunal Application process should happen via the helpline giving claimants access to advice on their claim and alternatives to litigation. Not all involved in the dispute resolution process favour these reforms. In the government report Resolving Disputes in the Workplace Consultation[14] it states ‘Opponents of repeal included a number of Trade Unions, representatives of vulnerable workers and individuals. Many cited the benefits of having a standard required procedure in all workplaces which operated to the benefit of workers in all types of organisations and encouraged good practice.’ From the point of view of an employee, the fear is that the new regime and its emphasis on ‘reasonableness’ leaves too much to the discretion of the employer. This coupled with the removal of the automatically unfair provision has left the issue of unfairness to the Employment Tribunal who will access the situation based on many factors other than breaches in the code including the size and resources of the employer. There is therefore an element of uncertainty in the new provisions certainly for the employee but for the employer as well. In the Legal Action Group’s response to the government consultation (June 2007) it states,[15] ‘Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (the ‘regulations’), will not improve the poor position of the many, low paid, non-unionised, workers in the labour market. The government should act to protect the most vulnerable by encouraging trade union organisation and by other legislative measures.’ The concern of the Group is that the government’s emphasis on mediation could lead to vulnerable employees losing their right to a formal hearing to resolve disputes. In order for alternatives to litigation to be properly considered good quality advice needs to be available to all however only a third of the working population are trade union members. A lack of access to legal aid will mean that non members will not have proper recourse to legal advice. It seems unlikely that the ACAS helpline proposal will cater for all workplace disputes. The Code has also been seen as unfair towards employees as it does not take into account that in reality there is rarely a balance of power between employer and employee. Employers have more resources and employees tend to already feel intimidated when bringing a grievance. A simple dispute could still have as its underlying cause a long term abusive policy against workers which of course cannot be resolved through a telephone conversation with an ACAS mediator. Indeed there are many categories of workers including the elderly and disabled or those with language difficulties who would need face to face advice. The LAG report states,[16] ‘We have to question whether the DTI is taking an even-handed approach to the resolution of work-related disputes or whether it has bowed to pressure from the powerful employers lobby.’ The overall view therefore of those acting for employees is that although the Regulations were unnecessarily complex they could have been simplified without being repealed as they provided minimum protection for all workers, whether or not they were trade union members. The principal reason for issuing the Regulations was because it was found that many employers did not have any procedures in place for resolving dispute and a repeal of the regulations could mean a return to this situation. There are also potential problems with the right of employees to bring claims being infringed where it is proposed that the Tribunal application system should also be processed through the ACAS helpline. LAG notes[17], ‘It would be inappropriate for a service point that had an aim of providing advice and guidance to also act in a ‘gatekeeping’ role for potential ET claims. Combined with the suggestion that the new advice service should be able to over-ride or contradict the advice given by a representative11, this would damage any integrity generated for such a service.’ Conclusion Clearly the repeal of the Dispute Resolution Regulations 2004 and the implementation of the ACAS Code due to take effect in April 2009 is not without its difficulties. The Government’s aim is to reduce the amount of claims being taken to the Tribunal although it recognises that dispute resolution is in itself only one strand. The other is revising the law in relation to unfair dismissal and making the Tribunal processes itself more efficient. The Code is similar to the Regulations in that it mirrors a three step process. However the onus is often put on the employer to determine what is reasonable which has the effect of the Tribunal later claiming breach of the regulations or the employee claiming that their rights have been infringed. The employer therefore has a burden to act reasonably and the vagueness of this term although creates more flexibility to employers will produce greater uncertainty. Only time will tell whether the Code will in fact encourage a ‘conflict resolution culture’ and reduce the administrative burden on employers as its drafters intended. BIBLIOGRAPHY ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance (Nov 2008) http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf DTI-Success at work resolving disputes in the workplace: A consultation- (March 2007) DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group (2007) Is it the end of the road for Statutory Minimum Dispute resolution Procedures Nick Hine May 2008)http://www.tcii.co.uk/images/upload/guest_article_pdfs/11ganick_hine2ddpdf_2173.pdf United Kingdom: New Acas Code Of Practice on Disciplinary And Grievances Article by Val Dougan Dundas and Wilson Solicitors 28 November 2008 www.personneltoday.com 1 [1] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf [2] DTI-Success at work resolving disputes in the workplace: A consultation- March 2007 [3] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons )March 2007)http://www.berr.gov.uk/files/file38516.pdf [4] Gibbons Review pg. 27 [5] Employers must consult the ACAS book on redundancy handling [6] ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 [7] The Foreword of the Code is not legally binding but constitutes best practice [8] Clause 9, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [9]Clause 15, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [10] Clause 24 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [11] Clause 25 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [12] Clause 32 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [13] BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) [14] BERR Resolving Disputes in the Workplace Consultation Government Response May 2008 [15] DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group [16] LAG Report Pg.2 [17] LAG Report pg.5

Friday, October 25, 2019

Analysis of Stephen Cranes, Maggie: A Girl Of The Streets Essays

Analysis of Stephen Crane's, Maggie: A Girl of the Streets Today in modern America, it has become almost impossible to avoid the tales of horror that surround us almost anywhere we go. Scandals, murders, theft, corruption, extortion, abuse, prostitution, all common occurrences in this day in age. A hundred years ago however, people did not see the world in quite such an open manner despite the fact that in many ways, similarities were abundant. People’s lives were, in their views, free of all evil and pollution. They assumed they lived peaceful lives and those around them lived the same flawless lives untouched by corruption as well. Many were too blind to see beyond their own homes and into the lives of others who dealt with a more unfortunate fate. Those being the ones who lived in poverty, abuse, and other harsh conditions which were finally exposed to America in 1893 by a 22-year old college free lance writer who simply wished to show things as they appeared to him: bitterly real. Stephen Crane was America’s first re alistic writer who exposed the realities of the slums, tenement living and other unfavorable conditions to a very naà ¯ve American audience. Through hard work and his great devotion to the examination of the darker side of life Crane finally was able to publish his novel in which explored his experiences of the New York slums. Through his great use of dialect, irony and realism in his novel Maggie: A Girl of the Streets Stephen Crane is able to accomplish his goal of creating a vivid picture in his reader’s mind, portraying the harsh, abusive conditions of the many lives condemned to this fortune. Stephen Crane began his quest for the truth in the summer of 1889 while visiting his brother who lived in New Jersey (Peden, 104). While living with his brother Crane was drawn to the idea of realistic writing. He would travel to New York on almost a daily basis to witness and experience the poverty and abusive conditions of the slums (Colvert, 104). During his visits to New York Crane was able to establish an understanding and develop a feeling for what life was like in the slums. He soon acquired a craving for individuality and a yearning to express his experiences. He began his mission by placing upon himself the desire to become his own individual, separating himself from other writers of the era by using his unique style of r... ... Garland, Hamlin. â€Å"Maggie: A Girl of the Streets.† The Arena June 1893. Rpt. in Twentieth Century Literary Critcism. Ed. Dennis Poupard. Vol. 11. Detroit: Gale, 1983. 121. Karlen, Amo. â€Å"The Craft of Stephen Crane.† Georgia Review Fall 1974: pp 470- 84. Rpt. in The Chelsea House Library of Literary Criticism. Moses, Edwin. â€Å"Stephen Crane.† Magill’s Survey of American Literature. Ed. Frank N. Magill. Vol. 2. New York: Marshall Cavendish Corp., 1991. 427-41. Peden, William. â€Å"Stephen Crane.† Encyclopedia Americana. 1998 ed. Pizer, Donald. â€Å"Stephen Crane’s Maggie and American Naturalism.† Criticism Spring 1965: 168-75. Rpt. in The Chelsea House Library of Literary Criticism. Ed. Harold Bloom. Vol. 10 New York: Chelsea House Publishers, 1989. 5858-53. Quinn, Arthur Hobson. â€Å"The Journalists.† American Fiction: An Historical and Critical Survey. New York: Appleton Century-Crofts, Inc., 1936. 521-49. Seymour-Smith, Martin. â€Å"Stephen Crane.† Funk and Wagnalls Guide to Modern Literature. New York: Funk and Wagnalls, 1973. 37-40. Walford, Chester L. â€Å"Stephen Crane.† Critical Survey of Long Fiction. Ed. Frank N. Magill. Vol. 2. New Jersey: Salem Press, 1983. 638-47.

Wednesday, October 23, 2019

Global Warming Essay

Global warming pertains to the increase in temperature of the atmosphere based on the entrapment of gases that are emitted from activities on the surface of the earth. The increase in temperature is a direct result of the greenhouse effect, which involves heat that originated from the sun, which is entrapped within the atmosphere due to several factors. Scientists have determined that the atmosphere’s temperature has increased since the industrial revolution, which has maximized the use of chemicals in manufacturing various kinds of materials in industry. There are four principal gases that have been identified to be primarily responsible for the onset of global warming. Carbon dioxide (CO2) is accountable for approximately half of the greenhouse gases in the atmosphere (Pearson and Palmer, 2000). This gas is a by-product of fossil fuel combustion, which involves burning of coal, natural gas and oil. It is also generated from deforestation activities, which have increased for expansion of industrialization areas. Trees utilize carbon dioxide in their photosynthetic reactions, but it there are fewer trees in the environment, less CO2 is removed from the atmosphere, leaving the environment with excess amounts of CO2. Another gas that has been determined to be responsible for global warming is chlorofluorocarbons (CFCs), which are the primary constituent of plastics and aerosols, as well as refrigerants in air conditioners. Chlorofluorocarbons make up approximately 25% of the greenhouse gases in the atmosphere. Thirdly, methane gas (CH4), which comprises approximately 12% of the greenhouse gases, is also accountable for global warming. Methane gas is released during the decay of organic matter, as well as in the stomachs of cattle, sheep and termites, yet, most of the gas is currently generated by industrial companies. Lastly, nitrous oxide (N2O) is responsible for approximately 6% of the greenhouse gases. It is a by-product of industries, as well as nitrogen fertilizers, volcanic eruptions and livestock manure. Global warming may result in regional changes in the weather, which will be more obvious if the weather were compared from one decade to another, and not on a daily basis. However, scientists have hypothesized that when the temperature of the surface of the earth has reached a highly critical level, such high temperature will cause severe and drastic changes to the atmosphere, affecting the oceans and will severely alter the weather patterns in a matter of years. Changes in the weather may include increasingly hot days and less cool days. The water levels will go down, exposing more land surface during the summer. Even higher latitude regions will be warmer by 40%. In addition, the amount the precipitation, be it rain or snow, will also increase, in the form of stronger storms and very intense typhoons and hurricanes. The El Nino events may also be more increase due to global warming. Global warming not only affects the weather, but it will also affect natural habitats. Higher levels of CO2 may facilitate the growth of forests, facilitating them to flourish and bloom. The warmer ocean waters will be helpful to fish and algae in the high seas. However, those organisms in higher elevations will find difficulty in surviving in warmer environments. Higher temperatures in oceans may kill corals, which are the nurseries for fishes and other aquatic organisms. For the human population, global warming may cause more incidents of infectious diseases such malaria, as well as systemic health problems such as heat stroke and respiratory diseases. Currently, the world is confused as society is ignorant of the detailed effects of global warming. Society is aware the summers are now longer and more intense and winters are envious of summer’s wrath, unleashing a fury that rivals the intensity of the heat. This is actually what global warming does. It confuses the world and now currently has also succeeded in confounding scientists. From a scientific point of view, global warming can be understood as a global environmental phenomenon which is characterized by an increase in the average temperature of the Earth’s near-surface air and oceans (Smith and Reynolds, 2005). There is certainly no doubt that global warming has a very detrimental effect on the environment as it causes rising sea levels and alters the amount and pattern of precipitation that areas all over the world get. These environmental changes are also the projected causes of other ecological changes such as increases in the frequency and intensity of extreme weather events which in turn creates changes in agricultural yields, glacier retreat, reduced summer stream flows, species extinctions and increases in the ranges of disease vectors. Based on the current scientific projections, the temperature of the world is expected to increase by 1. 1 to 6. 4  °C (2. 0 to 11. 5  °F) between the years 1990 and 2100. While most of the studies and projection models that have been utilized for these estimates cover the period up to the year 2100, global temperature warming and sea level rise are expected to continue for more than a millennium even if no further greenhouse gases are released after this date (Haigh, 2003). This is due to the melting of the polar ice caps which is estimated to continue due to the changes that have already occurred in the world’s temperature. One proposal to answer to the problem of global warming is a lot simpler in theory than it is in practice. Given the rate of economic growth of many of the developing countries and the shift of production to the lesser developed countries, the implementation of any global protocols is easier to imagine than to implement (Torn and Harte, 2006). Greenhouse gases, which are cited as one of the main causes of global warming, are most commonly emitted from the highly industrialized countries and the less developed countries which rely heavily on industrial machinery for production. The problem in this scenario is that by cutting back on the emission of greenhouse gases, a majority of the world’s production of most major goods will be affected. The economic costs not to mention the technological impediments that preventing the shift to more environmentally friendly methods make the reduction of these greenhouse gases extremely difficult (Rudiman, 2005). There have been steps that have been taken to reduce the levels of greenhouse gases. In order to address the situation of global warming, many countries have participated in the world’s primary international agreement on combating global warming which is the Kyoto Protocol. An amendment to the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol binds signatory countries to reduce their emissions of CO2 and five other greenhouse gases. In the alternative, it allows these countries to engage in emissions trading if they are able to maintain or increase emissions of these gases. The problem with this protocol, however, is that it exempts developing countries from meeting emission standards in Kyoto. Some of the countries that have been excluded from this list are China and India, who are ranked as the second and third largest emitters of CO2, behind the United States. It is clear therefore that even despite these actions much more work is needed in order to address the problem. The implementation of international protocols and requiring countries to meet certain environmental standards is certainly a big step towards addressing this issue. More intergovernmental cooperation is also another prospective answer to this problem. The more developed countries should also take the lead in encouraging the shift away from more traditional methods of production towards more environmentally friendly methods through the award of grants and exchange of technology (Torn and Harte, 2006). The creation of a body that is designed to not only specifically develop policies regarding this issue but also be given the power to enforce these policies will allow for the more efficient reduction of these greenhouse gases. It is unclear just how effective these policies may be but the fact that is clear is that in order to address this issue, each and every person in the world must take part in reducing the emission of these greenhouse gases which is the main cause of this problem (Gore, 2006). Simple steps such as taking the public transport or walking instead of taking carbon monoxide emitting vehicles will go a long way. There are many things that people can do in order to contribute to the improvement of the current environmental condition. It does not take a lot and it all starts with the awareness of the gravity of the situation. While the general scientific consensus is that global warming is real and its overall effects are detrimental, there are still some prominent scientists who feel that the severe effects of global warming have been sensationalized. Certain members of society take the idea of global warming with the normal temperature and that the temperature of the surface of the Earth has not severely increased over the last one hundred years. They claim that the temperature data collected in the 1970’s were taken in urbanized areas using different kinds of thermometers, hence the temperature readings were influenced by human error and do not precisely show drastic temperature changes in the surface of the Earth as well as in the oceans. It is therefore important the satellite data be acquired for the coming next decades in order to generate robust and reliable temperature readings that society and the scientific world will acceptable without any doubts on its credibility and efficiency. It is also of prime importance that scientific and legislative bodies prove that global warming does actually occur as a result of carbon dioxide accumulation in the atmosphere. Geological scientists have gather substantial fossil evidence that prove that carbon dioxide concentrations have increased on the surface of the Earth, which thus results in a warmer surface, but the direct connection between the increase in carbon dioxide and the temperature increase at the actual in situ settings should still be observed. Most of the information and generalizations that scientists have collected were based on laboratory conditions where most of the components of the setup were easily regulated and controlled, such as humidity and temperature. There are currently a number of models that may be used in forecasting average surface temperatures on the Earth, but there is still a need to also design a model that could predict the amount of human-made emissions that could trigger the same features that cause global warming. There is quite a huge number of people in society that still do not understand the climate changes and what triggers such disturbances in our current weather. Every country is now aware of the causes and effects of global warming on the ecosystem. There has been great speculation that global warming is both a natural and a man-made phenomenon. Whatever the cause is, it is imperative that every citizen understands what global warming is and what measures can be taken in order to minimize, avoid or prevent the increase in accumulation of greenhouse gases in the atmosphere. References Gore A (2006): An inconvenient truth: The planetary emergency of global warming and what we can do about it. Rodale Books. Haigh JD (2003): The effects of solar variability on the Earth’s climate. Philos. Trans. Roy. Soc. A: Math. Phys. Eng. Sci. 361(1802):91-111. Lean JL, Wang YM and Sheeley NR (2002): The effect of increasing solar activity on the Sun’s total and open magnetic flux during multiple cycles: Implications for solar forcing of climate. Geophys. Res. Lett. 29(24):2224. Rudiman W (2005): How Did Humans First Alter Global Climate? Sci. Am. , March 2005 issue. Smith TM and Reynolds RW (2005): A global merged land–air–sea surface temperature reconstruction based on historical observations (1880–1997). J. Clim. 18(12): 2021-2036. Torn M and Harte J (2006): Missing feedbacks, asymmetric uncertainties, and the underestimation of future warming. Geophys. Res. Lett. 33(10):L10703. Global Warming Essay Climate scientists tell us that global warming is a very serious matter and the world has to make firm decisions to try to slow the warming and eventually to reverse it. Some politicians agree, but many lack the political will to press for urgent changes. Many scientists believe it is already too late to stop a 2 degree Celsius rise in temperature. Already there have been changes. Extreme weather events are becoming more common. Heat waves have been happening. Famine is worsening in Africa. Sea levels are rising and the Pacific Island countries are desperate for a solution. Glaciers are melting and the rivers in Asia and South America that rely on the glaciers for a steady supply of water for the millions of people downstream are in danger of drying to a trickle. A: It could (someday) destroy the earth and we would all die and there would be nothing living on the earth! A: Global warming causes an increase and decrease in temperatures in the world. Some cities will experience a hotter climate, some would experience a colder climate. This generally affects the habitat, ecosystem, ocean water levels, etc. In other words, a little increase in temperature would have a disastrous effect for residents living near/on coastal regions. This would mean flooding and also playing an influential factor as to the organisms that survive within a temperature/pH (power of Hydrogen) range, resulting in possible extinction. because polar bears enjoy life not death in the cold ocean†¦.Climate scientists tell us that global warming is a very serious matter and the world has to make firm decisions to try to slow the warming and eventually to reverse it. Some politicians agree, but many lack the political will to press for urgent changes. Many scientists believe it is already too late to stop a 2 degree Celsius rise in temperature. Already there have been changes. Extreme weather events are becoming more common. Heat waves have been happening. Famine is worsening in Africa. Sea levels are rising and the Pacific Island countries are desperate for a  solution. Glaciers are melting and the rivers in Asia and South America that rely on the glaciers for a steady supply of water for the millions of people downstream are in danger of drying to a trickle. A: It could (someday) destroy the earth and we would all die and there would be nothing living on the earth! A: Global warming causes an increase and decrease in temperatures in the world. Some cities will experience a hotter climate, some would experience a colder climate. This generally affects the habitat, ecosystem, ocean water levels, etc. In other words, a little increase in temperature would have a disastrous effect for residents living near/on coastal regions. This would mean flooding and also playing an influential factor as to the organisms that survive within a temperature/pH (power of Hydrogen) range, resulting in possible extinction. because polar bears enjoy life not death in the cold ocean†¦.Climate scientists tell us that global warming is a very serious matter and the world has to make firm decisions to try to slow the warming and eventually to reverse it. Some politicians agree, but many lack the political will to press for urgent changes. Many scientists believe it is already too late to stop a 2 degree Celsius rise in temperature. Already there have been changes. Extreme weather events are becoming more common. Heat waves have been happening. Famine is worsening in Africa. Sea levels are rising and the Pacific Island countries are desperate for a solution. Glaciers are melting and the rivers in Asia and South America that rely on the glaciers for a steady supply of water for the millions of people downstream are in danger of drying to a trickle. A: It could (someday) destroy the earth and we would all die and there would be nothing living on the earth! A: Global warming causes an increase and decrease in temperatures in the world. Some cities will experience a hotter climate, some would experience a colder climate. This generally affects the habitat, ecosystem, ocean water levels, etc. In other words, a little increase in temperature would have a disastrous effect for residents living near/on coastal regions. This would mean flooding and also playing an influential factor as to the organisms that survive within a temperature/pH (power of  Hydrogen) range, resulting in possible extinction. because polar bears enjoy life not death in the cold ocean†¦.Climate scientists tell us that global warming is a very serious matter and the world has to make firm decisions to try to slow the warming and eventually to reverse it. Some politicians agree, but many lack the political will to press for urgent changes. Many scientists believe it is already too late to stop a 2 degree Celsius rise in temperature. Already there have been changes. Extreme weather events are becoming more common. Heat waves have been happening. Famine is worsening in Africa. Sea levels are rising and the Pacific Island countries are desperate for a solution. Glaciers are melting and the rivers in Asia and South America that rely on the glaciers for a steady supply of water for the millions of people downstream are in danger of drying to a trickle. A: It could (someday) destroy the earth and we would all die and there would be nothing living on the earth! A: Global warming causes an increase and decrease in temperatures in the world. Some cities will experience a hotter climate, some would experience a colder climate. This generally affects the habitat, ecosystem, ocean water levels, etc. In other words, a little increase in temperature would have a disastrous effect for residents living near/on coastal regions. This would mean flooding and also playing an influential factor as to the organisms that survive within a temperature/pH (power of Hydrogen) range, resulting in possible extinction. because polar bears enjoy life not death in the cold ocean†¦ .

Tuesday, October 22, 2019

Ionization Energy of the Elements

Ionization Energy of the Elements The ionization energy, or ionization potential, is the energy required to completely remove an electron from a gaseous atom or ion. The closer and more tightly bound an electron is to the nucleus, the more difficult it will be to remove, and the higher its ionization energy will be. Key Takeaways: Ionization Energy Ionization energy is the amount of energy needed to completely remove an electron from a gaseous atom.Generally, the first ionization energy is lower than that required to remove subsequent electrons. There are exceptions.Ionization energy exhibits a trend on the periodic table. Ionization energy generally increases moving from left to right across a period or row and decreases moving top to bottom down an element group or column. Units for Ionization Energy Ionization energy is measured in electronvolts (eV). Sometimes the molar ionization energy is expressed, in J/mol. First vs Subsequent Ionization Energies The first ionization energy is the energy required to remove one electron from the parent atom. The second ionization energy is the energy required to remove a second valence electron from the univalent ion to form the divalent ion, and so on. Successive ionization energies increase. The second ionization energy is (almost) always greater than the first ionization energy. There are a couple of exceptions. The first ionization energy of boron is smaller than that of beryllium. The first ionization energy of oxygen is greater than that of nitrogen. The reason for the exceptions has to do with their electron configurations. In beryllium, the first electron comes from a 2s orbital, which can hold two electrons as is stable with one. In boron, the first electron is removed from a 2p orbital, which is stable when it holds three or six electrons. Both of the electrons removed to ionize oxygen and nitrogen come from the 2p orbital, but a nitrogen atom has three electrons in its p orbital (stable), while an oxygen atom has 4 electrons in the 2p orbital (less stable). Ionization Energy Trends in the Periodic Table Ionization energies increase moving from left to right across a period (decreasing atomic radius). Ionization energy decreases moving down a group (increasing atomic radius). Group I elements have low ionization energies because the loss of an electron forms a stable octet. It becomes harder to remove an electron as the atomic radius decreases because the electrons are generally closer to the nucleus, which is also more positively charged. The highest ionization energy value in a period is that of its noble gas. Terms Related to Ionization Energy The phrase ionization energy is used when discussing atoms or molecules in the gas phase. There are analogous terms for other systems. Work Function - The work function is the minimum energy needed to remove an electron from the surface of a solid. Electron Binding Energy - The electron binding energy is a more generic term for ionization energy of any chemical species. Its often used to compare energy values needed to remove electrons from neutral atoms, atomic ions, and polyatomic ions. Ionization Energy Versus Electron Affinity Another trend seen in the periodic table is electron affinity. Electron affinity is a measure of the energy released when a neutral atom in the gas phase gains an electron and forms a negatively charged ion (anion). While ionization energies may be measured with great precision, electron affinities are not as easy to measure. The trend to gain an electron increases moving from left to right across a period in the periodic table and decreases moving from top to bottom down an element group. The reasons electron affinity typically becomes smaller moving down the table is because each new period adds a new electron orbital. The valence electron spends more time further from the nucleus. Also, as you move down the periodic table, an atom has more electrons. Repulsion between the electrons makes it easier to remove an electron or harder to add one. Electron affinities are smaller values than ionization energies. This puts the trend in electron affinity moving across a period into perspective. Rather than a net release of energy when an electron is gain, a stable atom like helium actually requires energy to force ionization. A halogen, like fluorine, readily accepts another electron.