Recent orders

dismissal of workers

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Dismissal

A dismissal in general terms is the discharge of an individual or organisation from employment, or in other terms, the termination of employment against the employee’s will. For a dismissal to take place there has to be a determination that there existed an employment relationship (Chelliah and D’Netto, 487). Wrongful dismissal from work does not terminate the employment contact rather it is a repudiatory breach that makes the employee not to be bound by the terms of agreement with the employer, the employee is then forced to accept the repudiation and mitigates by seeking another employer, this act by the employee terminates the contract. This method however is not included in the contract laws but it is a discovery of the judges, it is based on the principle that employees are paid wages for the work that they do therefore if they do not work they should not be paid. When the employee accepts not to work for the employer even though he has the will and potential to work, it is deemed that he has accepted the repudiation, otherwise he would have stayed at home and sued the employer for payment of wages since the contract would still be valid (Akin, 569)

The topic of dismissal of workers is particularly interesting to me due to the large numbers of people who were dismissed from their job stations during the economic depression of 2009. A large number of employees who were not aware of the process of dismissal were dismissed from their job stations without prior warning or any form of compensation. The provisions for dismissal of employees explains that an employee should only be dismissed without notice under three situations, the first one is if the employee has not completed one month since he started to work for the employer. Second is if the terms of the contract have the provisions for dismissal without notice, and the third is when an employee act in a manner that acts to betray the confidence and trust that the employer had placed in him. The notice period before a dismissal is usually written down in the contract should be a minimum of a week and in case the contract does not state the notice period the common law is applied. Common law requires that the employer should give the employee a notice of at least one week for employment period lasting from one month to two years and then one extra week for any additional year above 2 years that the employee works up to a maximum of 12 weeks. However, common law can give an employee up to 12 months depending on the seniority, expertise and the length that the employee has been working for the employer. Some of the remedial options available for wrong dismissal include compensation in a tribunal and damages in a court of law, the employees will however be required to apply for the compensation within three months after they have been dismissed. The employer is liable to pay the dismissed employee the loses that include his notice period including any benefits or pay rises that he was entitled, otherwise in the case of wrongful dismissal the employee can only sue for lost earning and damages due to the spoiling of his reputation.

In discussing progressive labour laws regarding dismissal, the paper will discuss what the law says in other regions regarding how an employment contract comes to existence, this will be in comparison to our laws, which state that for an employment relationship to be considered to exist there must be objective condition. This means that the features that are existing in regard to the way the worker performs hid duties and how he is remunerated by the employer must be put into consideration (Bird, and Charters, 212). The rights of employers and employees depend on the duration of contract where the employee performs the assigned duties by the employer in return for her wages, if the employee fails to perform the assigned duties, and then he breaches the contract for employment and is therefore liable for dismissal.

In Jordan, the workers are protected by the labour act that stipulates that a worker be employed either indefinitely or for a specific period, in the agreement for a specific period, the contract is deemed to have been terminated at the end of the period. However if the employee continues to work after that period the law considers the contract to have been renewed and is considered to have been an indefinite contract from the beginning. For an employment contract to be terminated in Jordan, one of three conditions must be met, when both parties agree to terminate it or the duration of the contract has expired due to completion of the work or when the employees dies or is medically incapacitated to perform his responsibilities. The law also protects pregnant workers on maternal leave, those in the military reserve or those who are on any form of leave as agreed by the parties from being dismissed or being served with a notice of dismissal.

In the UK’s employment relation act of 1999, if an employer wishes to dismiss his workers he must inform them at least 30 to 90 days using the relevant channels such as their trade unions. The employer is bound by the law to pay compensation to them depending on their age, the length of time they have been working in the organisation and their weekly wages. This paper will use materials from a variety of sources, which will include governments acts and legal documents, in addition, the paper will also include previous studies that have been conducted in regard to labor laws and which specialise in contracts regarding employments and how employees can be dismissed. In addition, interviews conducted among individuals who have been dismissed from their job stations will supplement the information that will be gotten from previous relevant studies.

Potential sources

Akin, Levent. “Termination of Labor Contracts and Unfair Dismissal Under Turkish Labor Law.” Comp. Lab. L. & Pol’y. J. 25 (2003): 561. print

Bird, Robert, and Darren Charters. “Good Faith and Wrongful Termination in Canada and the United States: A Comparative and Relational Inquiry’(2004).” American Business Law Journal 41: 205. print

Chelliah, John, and Brian D’Netto. “Unfair dismissals in Australia: does arbitration help employees?.” Employee Relations 28.5 (2006): 483-495. print

Disney Case Study

Disney Case Study

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Institution

The Walt Disney Company is a renowned family media and entertainment enterprise established in 1923. It is much diversified with five main segments internationally, which include parks and resorts, interactive media, media networks, consumer products, and studio entertainment. The company sets itself apart from other conglomerates through the power of franchising, and its CEO, Robert Iger, understands that quite well. He believes that the business magic, Disney difference, the company applies places Disney ahead of the other companies, thus giving it unrivalled success. The Disney Consumer Products (DCP) division oversees all the franchising, licensing, and merchandising of its properties such as Disney Princesses, Toy story and Cars. In addition, the company has invested a significant deal in marketing and branding its products, especially at the parks and via signage.

Disney values its customers and does not underestimate the power of social media. It relies on it a great deal to connect and interact with its loyal customers. Facebook has been Disney’s most preferred and successful publishing platform, with over 42 million fans. It has also done well on other platforms such as Walt Disney Studios where it has 6.4 million fans and garnered 12.5 million fans in Pixar Studios. Disney came up with its own publishing channel, Oh My Disney (OMD), which resembled Buzz Feed, a social site founded in 2006. The company studies its audience on the different platforms, and carefully selects the appropriate channel to post the relevant content. Although the content is specific for each channel, there is always some great degree of familiarity, which mainly includes Graphics Interchange Format (GIF) and photos. The company’s recent developments include digital publishing in the Android market in order to increase rapport with its loyal customers (Thomas, 2013).

The management appointed a dedicated team to facilitate OMD because keeping it up and running requires great commitment. OMD has come up with a Facebook fan page, which has attracted over 11,000 fans a few weeks after formation. In addition, OMD is also popular on Twitter and Tumblr. OMD site provides content that is user-friendly, relevant, consistent, and entertaining. The sites post Disney related editorials and articles such as Disney imagery and GIF’s, which can easily be shared and enjoyed. In 2011, the company launched Disney Baby, a social platform that engages parents of infants, and has attracted over 363,000 fans on Facebook (Warren, 2011).

Additionally, Disney’s products resonate with the audience’ needs through its heartfelt stories that capture both parents and children. The story content is original and relevant regardless of the age group. They have a vast range of movies with relevant messages, characters, digital and physical extensions, quotations, and imagery. In addition, their content is not always new and they rely on curating the existing ones by giving it an exciting twist. This makes their stories intriguing and suitable for the whole family, such that parents and children enjoy watching Disney films together. They update their material from time to time, and one can enjoy content created 20 years ago with the same amusement, for example, Forrest Gump.

Disney has taken the bold step of expanding its brand through franchising, which has come with its own share of risks and benefits. In order to break the monotony of classical animations, Disney embraced change to other forms of entertainment mainly through Parks and Resorts. This new business division was set up in 1955, and is centered on immersive experiences and storytelling, which revolutionized family entertainment. Globally, there are 43 Resorts and 11 theme parks in 5 excellent holiday destinations in Europe, Asia and North America. In addition, there are four Disney cruise ships, a vacation club, and Adventures by Disney, which is an enterprise that offers family vacation experiences globally. This new dimension has benefits such as attracting new customers from various regions in the world. It is dedicated to providing quality, family entertainment and leisure services thus embedding memorable experiences in most people’s lives. This has caused tremendous growth of the clientele base since the inception of the Parks and Resorts alongside radio and television networks such as ESPN Inc. and ABC Television Group. Another advantage of expanding its brand is the creation of increased revenue. Sale of its products and services to a diversified clientele base guarantees increased revenue. By featuring popular movie characters in their magazines, books, apparels, collectibles, and action figures, Disney has had high sales that have generated good revenue.

The risks involved, by contrast, include the challenge to retain customers following constant upgrading. For example, when Disney decided to change its line’s designer, it was unsure of the customers’ reactions. Although the line was less costly and exclusive, it was afraid that its customers would be upset by the change. However, it took the risk, and the reception was great since a video posted on YouTube attracted 1.7 million views. Another risk involved in expanding its brand is the high costs sunk in expansion of the brand. Franchising and brand expansion are expensive ventures, and Disney takes the risk to invest highly without the guarantee that the returns would measure up to the investment.

Disney has built an enormous empire over the past years through great marketing strategies such as franchising. It has also devised measures of interacting and reaching their customers by embarking on the social media platform such as Facebook and Twitter. In addition, it also created its own channel, OMD, to post relevant content for its customers. These strategies have helped them acquire more customers and maintain the loyal ones (Tracy, 2010).

References

Thomas, J. (2013). Disney All-In on Content Marketing With “Oh My Disney”. Post Advertising. Retrieved on 6 September, 2013 from http://www.postadvertising.com/2013/03/disney-content-marketing/

Tracy, R. (2010). The Business of Magic. The Daily Beast. Retrieved on 6 September, 2013 from http://www.thedailybeast.com/newsweek/2010/11/03/disney-s-powerful-marketing-machine.html

Warren, C. (2011). Disney Marketing: The Happiest Social Media Strategy on Earth. Mashable. Retrieved on 6 September, 2013 from http://mashable.com/people/christina/

Discussions on the recording of the different foods taken at different times of the day

Discussions on the recording of the different foods taken at different times of the day

The recording of the different foods taken at different times of the day i.e. breakfast, lunch and dinner, makes one aware of several factors guiding the dietary requirements. For example, through record, it was clear that the daily oil requirement of 8 teaspoonfuls was never met. The amount consumed was 6 spoonful less the required amount of 7.

The results made a true reflection of the meals take in breakfast lunch and dinner. Breakfast was taken within two hours of awakening during the three day research period as it was always the case in other days. The program worked out very easily as no adjustments had to make on the way daily dietary habits.ie white bread and fat free milk were part of daily breakfast mean and continued to be so even after the research. The inclusion of breakfast as daily meal had a positive effect on health. This is because a good and balanced breakfast provided the energy needed to start the daily activities at the bakery industry. Breakfast should therefore be treated as important as other meals.

Being consistent in taking the three meals also has proved to be beneficial. Breakfast, lunch and dinner times are always kept and meals taken at the correct time. This enables the body system to work in a constant rhythm to process the required food.

My favorite meals are: Beef, chicken and chocolate milk. These are the tastiest foods I would enjoy at any time. They are yummy and appetizing. I love them

Least preferred food include: eggs, potatoes and turkey. Potatoes are not tasty especially boiled ones and eating eggs is not my thing. I easily vomit when I take eggs.

During the 72 hour period, I never missed on my favorites. I took 2 cups of chocolate milk for my breakfast and lunch was always a success when chicken was part of it. Although I ate on regular times during the 72 hour period, it was only on one occasion that I ate because I was hungry. This was due to a lot of activities at the work place and the bulk of work at the company.

During the exercise, I never took any beverage and therefore no record on calories recorded though, cream soda makes my favorite beverage.

I go for gymnastics every Thursday for two hours and the exercises carried out requires one to have lots of body fluid.

At the beginning of the project, it was clear to me that the findings would not surprise me. This was because I had no knowledge on the different body requirements in terms of amount of different types of food required by the body and also had bad eating habits.

The two habits I would like to change on are; avoid eating any time I feel hungry and stick to some diet timetable. This will enable me balance the body metabolism and thus avoid eating unnecessarily.

Analyzing nutrient intake

Analysis of the nutrient intake provides one with the knowledge on the different amount of nutrients he or she consumes at a particular time and whether the nutrients taken are in excess or deficient. Through this one gets advices on how to regulate intake of nutrients that are in excess in the body or how to deal with deficiency in different nutrients in the body.

Review of nutrient analysis showed that 53kcals came from added sugars.

On average, 170g of carbohydrate was consumed daily and it also comprised 49% of average daily calories. The acceptable range of carbohydrate intake is 45%-65% of the daily calories. This therefore shows that the 49% is within the required range of daily carbohydrate intake.

There are types of foods which when taken, reduce high levels of carbohydrates in the body. These foods include added sugars and refined grains. Other types of food are rich in carbohydrates are therefore recommended in cases of low levels of carbohydrates in the body. These include whole grains, beans and peas, starchy vegetables and fruits.

Fiber analysis is also important since it gives the values needed daily requirements. From the analysis, the daily intake was 12g but the recommended amount was 38g. To increase the amount of fiber intake several foods are available which have high fiber content. Such sources include, beans and peas, other vegetables, fruits, whole grains which contain between 10- 20% fiber content.

Fat comprised27% of average daily calories. This is a good percentage as acceptable daily fat intake is between 20 and 35% of daily calories. Of the total 27% fat calories, 9% came from saturated fats. It is also recommended that one should not consume more than 10%of saturated fats and therefore the 9% was quite within the recommended range.

Protein analysis shows that 84g of protein was consumed daily and this comprised 24% of average daily calories and the acceptable range of protein intake is 10 to 35% of daily calories of which the 24% was within the range.

In vitamin analysis, two vitamins whose intakes were under recommended amounts were recorded as shown in the table below

Vitamin Average Eaten Target 2 Primary Sources

A

228mg RAE 900 a.liver

b.tomatoes

C

48mg 90mg a. fruits e.g. Oranges

animal products e.g. milk

Mineral analysis showed that 812mg of calcium was consumed per day. This intake was below the recommended amount and therefore more sources of calcium had to be taken. Foods rich in calcium include beans especially soya beans and eggs.

Iron level was also analyzed with age and gender being put into consideration. The recommended iron level was 8mg and the daily intake was at 9mg. The intake level was within the required range.