Wednesday, October 30, 2019

Human Growth and development Essay Example | Topics and Well Written Essays - 250 words - 2

Human Growth and development - Essay Example Psychiatric evaluation of the parents of the infant should also be undertaken. History of behavioral problems such as delinquent behaviors, criminal cases, and substance abuse should also be checked in the family history since it had been determined that problematic behaviors are partly genetic. Determination of possible learning disabilities is also important to be able to be prepared for the time when the child needs to start education. There are other aspects that should be considered in adopting an infant such legal and social aspects. But the health and developmental factors related to the infant itself should be the primary consideration. In adoption of an infant, the adopting parents should have the proper attitude and preparedness. They should consider all the factors related to the health and capacity of the child. If they decide to overlook perceptible problems related to the health and behavior, based on family history, the future parents should be ready for possible conse quences since adoption is a lifetime decision.

Monday, October 28, 2019

Definition for analysis Essay Example for Free

Definition for analysis Essay Sexual violence in general, especially rape has numerous consequences, including physical injury, psychosocial trauma, and unwanted pregnancies, fistulae and HIV/AIDS infection. The data show that most women did not seek any medical care after they had been raped. There were simply no appropriate health services available or they felt ashamed, were too sick or lived too far away to seek emergency assistance in the first days following the incident. As treatment has become possible, the medical consequences of such widespread sexual violence are becoming apparent. Four interviewees of the sample had HIV/AIDS and 6 sexually transmitted diseases (STI) as result of rape that increases the risk of HIV/AIDS in addition to being a source of chronic pain, STIs may lead to infertility. Physical injury from sexual violence can be very serious, especially in young girls. It was estimated that the HIV prevalence in Kisangani could reach 20%. Sexual violence is likely to have been a significant contributory factor to this increase. 7 respondents had the unwanted pregnancies as a result of rape. 3 of them made unsafe abortions that caused a grave STI. MSF Kisangani has seen cases of pelvic inflammatory disease almost certainly arising from such procedures. Other reproductive health problems reported have included interruptions or abnormalities to the menstrual cycle or delayed conception. Decreased sexual desire or pain during sex is particularly common and very damaging to family and relationships. â€Å". One night, a group of armed men came to loot our house. They took me and the †¦. , I was raped by four of them. I thought I was going to die. The next day †¦ asked us for money. †¦to offer. † †¦ were raped again – by all of them. I was pregnant †¦, I miscarried. Since then, I felt a lot of pain in the body, especially in the abdomen and in the back. I feel weak and I can’t sleep at night, during the day whenever I see uniform men in front of me, I am terrified. † Some rape victims have reported to MSF that they believed they were pregnant when subjected to sexual violence. Of 51 patients allegedly pregnant at the time of the rape, almost 35 per cent reported having had a problematic pregnancy as a consequence. The consequences included immediate or delayed miscarriage, neo-natal death, or an infant with congenital abnormalities. The joint program provides medical treatment to those women who have experienced sexual violence. Emergency contraceptive pills are given to prevent pregnancy and Post Emergency Prophylaxis (PEP) is given to help prevent the possible transmission of HIV/AIDS to women who present themselves within 72 hours after the rape happened. Physical injury most rape victims report some kind of physical injury such as pain all over the body and in particular areas where they have been beaten with fists, weapons or sticks. Many complain of joint pains to the hip and back when their legs have been extensively and violently spread out. The pain experienced at the time of the incident has left its stubborn mark even years after the rape – on both the victims’ bodies and minds. Survivors feel weak, sick, soiled, and even despite a lack of physical pathology the scar persists. Sexual and gender-based violence prevention and response from â€Å"the joint initiative† demands that the health system partially destroyed during conflicts must be restored. This will contribute significantly to peace building nationwide. â€Å"I didn’t see a doctor in my first moment of rape, I have to walk about five hour to reach the centre and I was so exhausted about what happened to me there is not enough medical care, actually I am pregnant from this rape. I can never tell the child who is his father and how he is conceived, this child will hate himself I have my sister this is more lucky because when happen to her his son has a bike and he conduct her in the medical centre and she took the PEP kit medicine† The lack of capacity in terms of medical personnel and basic equipment are impediments to fully taking into account the needs of victims who often live in remote and inaccessible areas. â€Å"I was the favourite for my father and now I am nothing, he banishes me from the home but because of the mediation. I return home. I was engaged, as my fiance pay the custom allowed him to visit me with his friend and in my turn I can walk with my friend when he is returned home. That night after my fiance and his friend leave, my friends and I was attacked by 3 men’s. My friends escaped but I fallen down, then it happen When my family came for rescue everything was done I am stigmatized, my fiance broke our engagement because I am not virgin anymore, for my father I will not find a husband so he could have my dowry† The above is the narration by the 15 years old in the process less than 6 months. This discourse is similar to 5 others victims aged 12 to 18, due to the tradition the â€Å"virginity† seems to be very important for the girl for any marriage. The data show objectivity of girl’s sexual violation is automatically rejected as if her value is linked to this virginity â€Å"I couldn’t remember how I came here in this centre (Leezadel) . They told me that a man brought me in his bike. But I do remember what happen to me and my husband. They asked him to have a sex with our 10 year old girl and he refused so the two of them raped her and they beat my husband and me because we tried to help our child. They cut my husband’s penis and they introduced it in my child vagina. Then they took me to there camp and raped me about five times a day. I became sick and also crazy, I’m here about one year and they almost saved my brain and I think that now I could be considered as a human being, yes now I’ m a human being† Each woman came with her own and unique story of being completely damaged in addition to physical injuries, victims experience psychological trauma (such as stigma, family rejection for the victim and children born out of rape, marital separation, fear, and mental depression). Indeed, rape violates the privacy of the victim, destroys self-esteem and creates fears that need to be assuaged. Psychosocial support and economic reintegration help the victim regain self-esteem and become an active member in the development and reconstruction of the country. Family reconciliation is a requirement for community and national reconciliation. Peace cannot be achieved without peace in the hearts and souls of the victims of sexual and gender-based violence. Mental and emotional healing blazes a trail for forgiveness, a prerequisite for peace. The fight against poverty and economic exclusion also facilitates peace building â€Å"The centre really helps me to get out from my nightmare but I couldn’t build any life as my family and my husband is ashamed about me because I didn’t hide what happened to me. The centre tried mediation but it didn’t work as they all banished me. Now a beginning to feel normal again even I know that men will never touch me again, the centre promised a machine-tool when I will finished my training in dressmaking. But there is nothing until now I finished my training long time ago I have a child from my rape that I have to take care and it is not easy† The data analysis shows that lack of the economic reinsertion by government or by NGO’s. â€Å"I know those men who rape me but I will never go to see any lawyer because they will kill me and my parent, they told me that I couldn’t do nothing to them because they are from the Presidential armed (G). I know some of women who went to the justice and nothing is done as yet† The data analysis shows that there is a real lack of justice for the victims. For example until July 2005 during this internship there is no condemnation for any predator in Kisangani except for a 7 year old orphan child that I met who was raped several time by one soldier in the camp where she is living with her father and her 2 year old sister. A colonel raped almost ten children in this camp, once this colonel was caught raping a child 5 year old. The father of the 7 year old went to justice he was followed by the other parents. The criminal was arrested but few days later he ran away from the prison with help of his influential cousin who was the administrator of the camp and now the cousin is using his influence to harass the father of victims. This history reflects the real situation of the legal system all over the country. For the first time, justice makes a public condemnation of a soldier who mass raped in the village Makobola in South Kivu in Eastern province involving a public rape of 70 women. According to Amnesty International annual report 2006, DRC is suffering from impunity and lack of access to justice. Despite systematic violations of human rights, hardly any suspected perpetrators were brought to justice. No effort was made to exclude individuals suspected of grave human rights abuses from the new army, and people allegedly responsible for crimes under international law and other human rights abuses assumed key positions in the army and transitional institutions [104].

Saturday, October 26, 2019

Sympathy, by Paul Laurence Dunbar: A Reflection of the African America

Sympathy, by Paul Laurence Dunbar: A Reflection of the African American's Struggle for Freedom I know what the caged bird feels, alas! When the sun is bright on the upland slopes; When the wind stirs soft through the springing grass, And the river flows like a stream of glass; When the first bud sings and the first bud opes, And the faint perfume from its chalice steals-- I know what the caged bird feels! "Sympathy" was written by Paul Laurence Dunbar in 1899, right at the end of the Nineteenth Century. It is a poem about the caged bird who wants to be free and tries, tries and tries again to break out of its cage. Each time, it is unable to break free and instead only injures itself, adding to injuries left over from past escapes. Dunbar depicts the bird's desperate and unsuccessful struggle for freedom and images of nature, that beckon outside. The first paragraph touches on the situation that black people faced at the turn of the century. Black people ahd recently been freed as slaves, but there was still no racial equality. The Supreme Court had recently upheld Plessy vs. Ferguson, which allowed "separate but equal." In reality, it gave the government and business license to discriminate against black people. In the 1890's, most blacks were reduced to holding poorly paid jobs, or being servants in people's homes. They were barred from most educational and economic opportunities enjoyed by whites. Dunbar uses the analogy of the caged bird and nature outside to the situation that black people faced in the 1890's. Blacks had been emancipated in 1863, but they did not achieve equality with white people for another century. Black people did not have the same opportunities as whites... ...e caged bird sings a pretty tune, not because it is happy with its situation, or out of a desire to please its owner, but to alert other birds to its plight and also to try to keep depression from overcoming it. Its only lifeline was its singing. During slavery, black people often sung, not because they loved being slaves, but because they were singing escape codes to other slaves and to hang on mentally, emotionally, and spiritually, that they would one day be set free. Paul Laurence Dunbar wrote this poem to illustrate the station in life for so many African Americans. It is clear that African Americans were "caged" in society at the turn of the century and wanted desperately to be seen as equal to whites. However, at the time this poem was written, black people had little hope of achieving that goal. That was a hypocrisy in the "Land of the Free."

Thursday, October 24, 2019

What are top ten environmental problem Essay

Listing the top 10 of a group is always appealing. Ten most-wanted fugitives by the FBI. Top ten songs, books, and best-dressed celebrities. And David Letterman, with his list of items such as Top Ten Reasons You Are Not Looking Forward to the NBA Playoffs. So why not list the top ten environmental problems facing America and the world? I asked two dozen ecology graduate students what their list would be. If anyone knows what the real threats are, these people will: their opinions are science-based, not emotional. Using the Letterman approach of reading the list from 10 to 1, I present the top ten environmental problems in order of increasing importance. The total number of major problems identified by the people I asked ended up to be more than 10. Not surprisingly, some of the perceived problems are similar and interconnect, so I consolidated the students’ lists to end up with the magic number 10. 10. Invasive plants and animals. The problems resulting from fire ants, Burmese pythons in the Everglades, and many more regional environmental problems have a human origin related to the introduction of exotic species. 9. Global climate change. Although â€Å"global warming† receives a lot of press, University of Georgia graduate student Brian Todd pointed out that â€Å"the global climate for the past 4 billion years has been one marked by change and relative instability. The problem we face today is the crippled ability of many ecosystems to appropriately respond to climate change as they have for the past 65 million years because we have already compromised the environment in other ways.† 8. Pollution of marine habitats. See more:  Masters of Satire: John Dryden and Jonathan Swift Essay The oceans are huge, but overharvesting and the degradation of marine environments are proceeding at a steady rate around the world, including a commercially extinct codfish industry and disappearing coral reefs along our own coasts. 7. Air pollution. Uncontrolled releases by industry and the excessive use of fossil fuels have led to acid rain, dissolution of the ozone layer, smog, and the general elimination of â€Å"clean air.† 6. Unsustainable agriculture. The human world is dependent on food production, yet agricultural siltation, pesticide runoffs, and loss of natural habitats are constant threats to a healthy environment. 5. Threat of disease. Bird flu, West Nile virus, and mad cow disease are examples of how we could be affected overnight by unseen enemies, all a consequence of human overcrowding, overconsumption, and invasive species. 4. Water quality and quantity. Sewage from cities, unregulated releases from industrial and agricultural sites, and dumping of wastes in the oceans collectively exacerbate the worldwide problem of water pollution. Overuse of groundwater in many coastal regions leading to saltwater intrusion is a looming specter. Water wars are now a reality in the western states and even in the wetter Southeast, as evidenced in the court cases involving Alabama, Georgia, and Florida. 3. Habitat loss, fragmentation, and degradation. The loss of natural habitats because of human development and deforestation is viewed by most as the major cause of the decline in biodiversity nationally and globally. Many species are on an inexorable path toward extinction because their native habitats are gone or despoiled. 2. Human overpopulation. Most of the students ranked unchecked human population growth, which leads to overconsumption and associated world poverty, as their top culprit of environmental problems. Virtually every problem from 3 through 10 can be traced back to our simply having too many people for the resources available. Until political and religious leaders have the courage to realistically address the issue of birth control on a global scale, most of our environmental problems will worsen before they get better. 1. Apathy. Dean Croshaw, a graduate student from the University of New Orleans, offered what I rank as the number one environmental problem. A clear indicator of our foremost problem is that world leaders seldom acknowledge, let alone propose solutions to, environmental problems. For those leaders around the world chosen by a democratic election process, that apathy is condoned and mimicked by the people who elect them. A major difference between David Letterman’s lists and mine is that none of mine are funny. 1. Water It’s hardly surprising that on the world’s driest inhabited continent, experts are concerned about how Australia looks after its water. â€Å"We need to get smarter about how we manage water — that means everything from replacing our ageing infrastructure to ensuring we capture rain water when it does fall,† urges Kim McKay, author of True Green Life. â€Å"Most rivers in southern Australia are suffering from decades of over-extraction for irrigation,† says Dr Linda Selvey, Greenpeace Australia Pacific CEO. â€Å"This is being exacerbated by drought, and the pressure will continue as climate change takes hold.† Selvey and former Australian of the Year, Tim Flannery, are some of the many voices calling for urgent action in the Murray-Darling Basin, while the Australian Conservation Foundation (ACF) continues to remind the public of the far-reaching effects of unhealthy river systems in general. â€Å"Blue-green algal outbreaks kill fish and make water unsafe for drinking or swimming, while salty water isn’t useful for anything,† ACF spokesperson Josh Meadows said. 2. Climate change It may be a global issue, but when scientists across the world are asked what the effects of climate change will look like, they quickly point to Australia. â€Å"Of all the wealthy countries, we’re probably the most vulnerable,† says Professor Will Steffen, executive director of ANU’s Climate Change Institute. â€Å"We’re locked in to another 0.5 °C temperature rise due to past emissions, but what we do between now and 2050 is crucial for the magnitude and rate of climate change later this century and beyond,† he says. While government assessments predict over 250,000 Australian homes may be at risk from rising sea levels, Greenpeace’s Selvey notes climate change will affect us well beyond our front doors. â€Å"Climate change also concerns security, the economy and justice. As a doctor, I’ve also seen the way it affects people’s health,† she says. The response, urges Professor Kurt Lambeck, president of the Australian Academy of Science, must be urgent and adaptable: â€Å"Reducing greenhouse gas emissions must be high priority, even if the full consequences of this are not yet understood,† he says. 3. Energy â€Å"We should be replacing fossil fuels with renewable power,† says Selvey. â€Å"It’s critical that the Rudd government act to help us with the transition. It can be done; all that is required is political will,† she says. Fiona Wain, CEO of Environment Business Australia, sees an opportunity in the coming energy crisis. â€Å"We have capacity to be world leaders in solar, wind, marine and geothermal energies. We have these resources on tap, but we’ve become lazy thinkers. Why don’t we do minerals processing and manufacturing in Australia using these energy-efficient resources?† Like Flannery, who believes a lack of triple-bottom-line accounting in government and industry is costing the environment, Wain says those in manufacturing need to shift their thinking, and fast. â€Å"It’s time to be thinking very big picture, so we need boards of directors that can think further than their three-year term of office,† she says. 4. Coal Tim Flannery is not the only expert surveyed who expressed serious concern over Australia’s 20-odd conventional coal-fired power plants. â€Å"We’re the biggest coal exporter in the world,† says McKay. â€Å"We may think our global carbon contribution is small (almost two per cent of global emissions), but it’s much, much greater than that due to our bulk coal exports to countries like Japan, South Korea, the Netherlands and China.† â€Å"It’s unbelievable we haven’t developed alternative, renewable energy sources on a large scale. We’re dragging the chain presumably due to short-term, next election-cycle thinking,† she says. While brown coal is responsible for much of our carbon dioxide (CO2), Wain believes we should be further investigating sequestration of the climate-changing gas. â€Å"Regardless of what else we do we’re still going to need to draw down CO2 from the atmosphere to get it to 350 parts per million.† Wain points to a commercial trial aiming to turn CO2 captured from coal-fired plants into algal oil (to produce plastics or biodiesel); and another trialling brown coal deposits as the base for soil fertilisers as two potential solutions. â€Å"There are consortiums of developers just getting on with it,† she says. 5. Biodiversity With 1500 land-based species threatened, what Flannery terms â€Å"the extinction crisis† is agreed upon as a serious environmental challenge. â€Å"We have already seen a fairly disturbing loss of our biodiversity, but the problem tends to get overshadowed by climate change, land degradation and water issues,† says the ANU’s Will Steffen. â€Å"There’s a whole suite of services we enjoy thanks to a biodiverse-rich ecosystem, from provisioning services like food or water, through to nutrient flow and pollination,† reminds Steffan. He believes our highly urbanised society only compounds the problem. â€Å"We are quite disconnected from the services our ecosystem provides. Aside from products like food or timber, we don’t see a value or price for these services in an economically focussed system. But Australia has an extinction debt building up, and the trend is not improving,† he says. 6. Oceans Despite knowing the problems faced by one of our best-loved tourist attractions, we’re still not doing enough to protect the Great Barrier Reef. â€Å"Rising sea levels and the impact of fertiliser run-off are damaging the reef. It needs more attention, because once it’s gone, it’s gone for good,† reminds McKay. As the ACF calls for a national network of large marine sanctuaries, and an Australian Oceans Act to regulate sustainable harvesting and production of seafood, Greenpeace’s Selvey highlights the current situation. â€Å"Seventy-six per cent of the world’s fisheries are in dire straits, and overfishing by commercial and illegal fleets is threatening to fish some of our favourite seafoods to extinction. If we continue on this trajectory all fish stocks will collapse within 50 years. Scientists say eventually we will be left with only jellyfish and plankton,† she says. 7. Population With Australia’s population projected to reach 35 million by 2049, commentators continue to express concern about the pressure this growth will place on resources. â€Å"It means more consumption, and greater challenges for providing infrastructure to manage our country in a sustainable way,† says McKay. While the ACF is calling for long-term strategies to meet and increase humanitarian obligations while reducing overall migration to more sustainable levels, the debate over ideal population continues. Experts may not see eye to eye on a figure, but most agree decisions need to be made. â€Å"We need to determine what our carrying capacity is† says Lambeck, â€Å"and how can we achieve a sustainable population.† 8. Sustainable cities With Australians using more water and energy per person than almost any other country in the world, rethinking how we live in and develop our cities is vital, says the ACF’s Josh Meadows. â€Å"We should invest in energy-efficient houses and buildings, and then export our ideas and the smart technologies behind them.† Lambeck says smarter infrastructure would go along way to addressing the issue: â€Å"We need sustainable infrastructures for transport, power generation and distribution that minimise the impact on energy, water and biodiversity.† According to Wain, there is huge scope for greater efficiency in our built environment. â€Å"I’m an eternal optimist, but we need to think at scale — not house to house, but street to street and suburb to suburb. We need solutions that are scalable, so they become more investable and bankable.† 9. Transport The perennial debate about lack of investment in public transport continues to frustrate many experts. â€Å"People complain about the per capita cost of investment in public transport, but it’s far cheaper than the cost of putting cars on the road. We’re not very logical in the way we think about these things,† says Wain. While the ACF points out that removing the â€Å"nonsensical fringe benefit tax concession† for company car use would shift many away from relying on their cars, Wain is excited by the planned roll-out of a national electric car network, beginning in Canberra within the next two years. â€Å"Programs like this could conceivably take all tailpipes off the road in our cities,† she says. 10. Ourselves While the majority of surveyed experts highlighted the need for government action, and fast, it seems the buck doesn’t stop there. â€Å"We elect our leaders and we have the right to hold them to account,† reminds Selvey. â€Å"We can pick up the phone to call our MP, write a letter, or visit them in their constituency office. Companies are doing it to protect their interests, we need to do it to protect ours.† Lambeck says educating ourselves is key. â€Å"We need a population that understands the issues, and can make constructive contributions to the debate to force politicians to develop longer than three-year ‘solutions’,† he says. What stands in the way, McKay believes, is apathy. â€Å"It manifests in the politician who would prefer to do the minimum rather than risk not being re-elected; or in business leaders who adopt a ‘business as usual’ approach to ensure their annual bonus. â€Å"It’s also in you and I ignoring the issues and hoping they’ll go away. I’ve seen people come together and change things, and I really believe we can learn to live in a more harmonious and sustainable way.†

Wednesday, October 23, 2019

Company Law Course Wrap Up

MGMT3046 Company Law: Course Wrap Up November 2012 We have come to the end of formal instruction in Company Law, so it is useful at this point to review the main learnings from the course. This will be somewhat long! Unit1 Salomon v Salomon and the corporate veil. This is a foundational case in company law which enunciated the principle of the separateness of company and its members (shareholders and officers). The principle makes it quite clear that the separation of the company from its members will always hold; it is only in exceptional cases that the corporate veil will be lifted, such as in instances of fraud or other illegality.This means that a company may contract in its own name and, similarly, be held liable for breaches committed in its name. As mentioned before, shareholders and officers of the company will not usually be held liable for acts committed by the company. This leads directly to the concept of limited liability. Since a company is a separate legal entity, it f ollows that its members will not be liable for its debts. As a distinct legal entity, a company’s assets belong to it and not its members; its liabilities belong to it and are not the responsibility of the members.In the event of the company becoming insolvent or bankrupt, a shareholder’s loss would only be limited to the amount of unpaid shares he has outstanding in the company. In this way, a shareholder is afforded limited liability. Conversely, unlimited liability companies impose unlimited liability on its members. Ultra Vires. Ultra vires describes acts undertaken beyond (ultra) the legal powers (vires) of those who have purported to undertake them.The three main applications of ultra vires were: o whether the company acted outside is capacity; o whether the company’s agents acted in excess of authority; and o whether the company’s act was contrary to statutory provisions. This proved to create great difficulties for creditors as they might provide goods and services to companies which, when they refused or were unable to honour payment, were protected by the fact that contracts were deemed null and void and therefore unenforceable.Creditors had no recourse in the face of this issue. See Ashbury Railway Carriage & Iron Co Ltd v Riche. Ultra vires has since been abolished by statute such that, even though companies and its members may not be authorised to act in a particular way or to make certain decisions, they may still be liable for such unauthorised acts as against third parties. This concept will return again in other units. Unit 2 Lifting the Corporate Veil.The corporate veil does not provide blanket protection to the members and officers of a company. It will once they have acted carefully, honestly and in good faith. In cases of illegality and negligence, the veil may be lifted to expose the offending member to liability. Both statute and common law provide for the lifting of the corporate veil in such instances. This Session discussed the statutory exceptions to limited liability which include: 1 MGMT3046 Company Law: Course Wrap Up November 2012 †¢ †¢ †¢ †¢ †¢ eduction of number of members (it is to be noted that while a company may be operated with only one director under UK statute for up to six months, the same does not hold for Trinidad and Tobago); fraudulent and wrongful trading (these apply only during the winding up process [to be dealt with in further detail in Unit 8]; wrongful trading may be inferred from â€Å"reckless disregard† as found in s 447(1)(b) and (c)); disqualified directors (a director may be disqualified either during the course of normal operations of the company or during the winding up process); abuse of company names (this usually involves the transfer of company assets at an undervalue to the new company); and other named offences relating to documentation. While the veil of incorporation usually affords protection to a companyâ€⠄¢s members and officers, the Court will lift it in cases of statutory breaches where strict liability attaches to those found responsible for the breach.The Responsible Corporate Officer Doctrine, which holds the decision-making officer liable, operates very similarly in other legislation but is held to be separate from lifting the veil. At common law, the court will be prepared to lift the corporate veil under very limited circumstances. While there are no clearly defined categories, the court will lift the veil where individuals are concerned in instances of using the corporation as an agent (based on the degree of control exercised by the shareholders over the operations of the company) or where there is fraud or impropriety. In the case of corporations as shareholders, the court will lift the veil in cases where it can find an implied agency relationship and a group of companies acting as a single entity.It is generally held that the court will lift the veil in parent-subsidiar y relationships where the evidence shows that the subsidiary is but an agent of the parent (based on the degree of control exercised by the latter over the former); statutory or contractual provisions dictate that it should be lifted; or the subsidiary is established as a sham. A company will be deemed to be acting fraudulently where it is established to avoid a court order or other legal obligations; this usually applies where the shareholders are individuals. In such cases, the court will lift the veil to expose the company’s members to liability. Unit 3 Directors of a Company. A director’s behaviour is governed largely by the Companies Act, specifically by section 99. A director’s responsibilities and liabilities are very clear and simple.He must exercise the powers of the company; direct the management of the company (s 60); declare any personal interests (s 93); act honestly and in good faith; and exercise care, diligence and skill a reasonable person would exercise under similar conditions. Any breach of these requirements will lead to personal liability on the director’s part. The company may choose to indemnify a director for any liabilities incurred where he acted honestly and in good faith and in the best interest of the company (s 101). Particular attention should be paid to the words used in section 99 and their meaning. 2 MGMT3046 Company Law: Course Wrap Up Unit 4 November 2012 Directors of a Company. A director’s behaviour is also governed by common law which reflects, in large part, section 99 of the Companies Act.They owe a fiduciary duty to the company to act in the best interest of the company, lawfully, honestly and in good faith, otherwise, they will be in breach of their fiduciary duties owed to the company. Pardy v Dobbin is an excellent case on point. Shareholders are able to indemnify a director’s acts or decisions if they so choose where there is disclosure by the director of his interest. Apa rt from the duties owed, a director may be held personally liable in tort or for criminal activity, especially in cases of fraud or negligence, and will not have the protection of the corporate veil. It is important to note that where the tortious conduct of a director is motivated by self-interest or personal benefit, then the director may be liable (Blacklaws v Morrow, 2000 ABCA 175 (CanLII), paragraph 137).Personal liability will only attach, therefore, where it can be proven that the acts of the director are separate from the interest of the company or where such acts have been expressly directed by him. Fraud is proved when it is shown that a fraudulent misrepresentation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, carelessly whether it be true or false. A director will be held liable where any of these is proved. With respect to criminal liability, a director will usually be held criminally and personally liable where he acted in fraud on the employer, for his own benefit, or contrary to instructions.In other cases of criminal liability, the company will be held to be vicariously liable, together with the officer in question. Under the directing mind or identification principle, a corporation may be held vicariously liable for the criminal acts of its â€Å"directing mind†. In mens rea [criminal intent] offences, if the Court finds the director to be a vital organ of the company and virtually its directing mind in the sphere of duty assigned him so that his actions and intent are deemed the action and intent of the company itself, the company can be held criminally liable even where the criminal act was performed not wholly for the benefit of the company. He must, however, have been acting within the scope of the area of the work assigned to him.In the case of fraud, where the benefit accrues only to the director and is not intended to be for the benefit of the company, the corporate entity may be able to escape liability. Other Officers of a Company. Their behaviour, too, is governed by section 99 of the Companies Act. Unit 5 Shareholders. A shareholder is a member of a company, usually someone who has invested in the company and is considered an owner or part-owner. At law, the shareholder is not the incorporated entity; they are distinct entities, where the company is deemed a separate, legal person with rights, privileges and liabilities, 3 MGMT3046 Company Law: Course Wrap Up November 2012 in like manner as a shareholder. Their rights, privileges, liabilities, immunities and procedures for holding meetings are all covered by the Companies Act.In addition to the Companies Act, shareholders’ relationship with each other and the company are further governed by the terms of the shareholders’ agreement, which may place restrictions on their behaviour. It should be noted that there are certain fundamental changes that may only be effected by the shareholders. Unit 6 Stat us of the Minority Shareholder. The majority rules. This is enshrined in law, both common and statutory law. This makes it very difficult for minority shareholders to protect the interest of the company. This principle has its roots in the foundational case of Foss v Harbottle [1843] 67 ER 189 which addresses the heavily circumscribed status of the minority shareholder.Section 37(c) of the Interpretation Act further compounds this issue as it also reinforces this principle. In addition to the majority rules principle, another important issue that arose is the proper plaintiff rule. The court held that if the majority is committing wrongs against the company, it is the company itself that should take action to protect itself. Nevertheless, the law has taken into consideration the underprivileged position of the minority shareholder and allows him to take actions as exceptions to the rule in Foss v Harbottle. As the company is an inanimate entity, it cannot take action on its own, hen ce the relaxation of the proper plaintiff rule to allow the minority to act on its behalf.Obviously, the majority would be the entity to allow or disallow any such action and they will not permit the minority to take action against them. The minority shareholder(s) will have a right of action against the majority shareholder(s) in specific situations. He may be allowed to take derivative action – an action brought by a shareholder (or director) of a company in the name and on behalf of that company – in very peculiar circumstances. This means that any benefit accrues to the company only and not to the benefit of the shareholder. There are certain acts that a majority may not legally undertake and for which the minority may initiate such action.The minority has a common law right of derivative action where the majority attempts to: o o o Confirm an act which is ultra vires or illegal; Confirm an act which constitutes a fraud against the minority where the wrongdoers are themselves in control of the company; Confirm an act which can only be validly done or sanctioned, not by a simple majority but by some special majority; otherwise, a company could de facto do by simple majority something which required a special majority; or Affect qualified minority rights. o Where his personal rights are affected, he may take action in his own name. Any benefit here accrues directly to the shareholder. The minority shareholder also has rights under the Companies Act to protect the interests of the company against the will of the majority. As in the common law, the act also allows for derivative action pursuant to section 240. The procedure in 4 MGMT3046 Company Law: Course Wrap Up November 2012 s 240 must be followed prior to making a claim based on any of the four common law rights of derivative action mentioned.With respect to personal rights of action, minority shareholders may dissent to shareholder resolutions seeking to make fundamental changes to the corp orate entity (s 227) or may seek to restrain oppressive behaviour on the part of the majority that is unfairly prejudicial to or unfairly dismissive of the interests of shareholders or other members or officers of the company (s 242). In this way, the minority shareholder is offered the right under law to protect his own interest or the interest of the company. Unit 7 Insider Trading. This relates to trading in public companies. An insider is someone who breaches a fiduciary duty owed to his employer to act honestly and uses unpublished, price-sensitive information to trade in securities or communicates such information to someone else who trades. The information he has will be considered material if it will help an investor determine whether or not to purchase or sell shares.Where an insider uses such information for his personal benefit to avoid a loss or make a profit, he will be in breach of the Companies Act, the Securities Industry Act and common law principles relating to: o Access to confidential information; o Breach of fiduciary duty or other relationship of trust; o Material confidential information; and o Using material confidential information for one’s benefit. Unit 8 Winding Up and Dissolution. Winding up is the process of liquidating a company and its assets and then distributing the proceeds while dissolution is the cessation of the company. The most important issue here is trading while insolvent. This is regulated by s 447(1) of the Companies Act.This section raises the issue of fraudulent trading, where it is discovered during the liquidation process that the company continued carrying on business, despite knowing or being unconcerned that it would have been unable to honour its debts and liabilities. Liability under this section is usually triggered when the court is satisfied that a person has not taken every possible step with a view to minimising the potential loss to the company’s creditors as he ought to have taken. Seve ral important words and phrases are used in this section: intent to defraud; reckless disregard; debts and liabilities; knowingly; and personally responsible. The Central Bank case provides an excellent exposition into s 447(1) and the eaning of these terms. The use of such words and phrases make it clear that anyone guilty of this offence must have purposely or carelessly undertaken these acts despite knowledge or care of the company’s inability to cover the debts and liabilities incurred by it. Any person so guilty will be held personally responsible without any limitation of liability. It should be noted that this is not restricted to directors and officers; anyone, such as an accountant who may have audited the accounts and been aware of the dire financial situation, for example, who was knowingly involved would be held liable as well. It also applies to past officers and directors. 5MGMT3046 Company Law: Course Wrap Up Unit 9 November 2012 Corporate Governance. Corporate governance has assumed great prominence within the last twenty years. There are many definitions, but they all revolve around good management practices which encompass accountability, transparency and honest. Several financial scandals, resulting from a lack of these traits, led to the promulgation of codes of conduct for companies. These codes focussed on remuneration for directors, the role of the non-executive director, reporting functions of the board, and the role of auditors and audit committees. An ultimate combined code was created that encompassed the main points of each individual code.While none of these codes have the force of law, they provide a moral barometer specifically for public companies to engage in good management practices. Private entities are welcomed and encouraged to follow these guidelines as well. The wide range of stakeholders just might ensure that these non-binding codes are adhered to, as companies, public and private, are required to act in the bes t interest of the company and society at large. The threat of damage to the company's reputation may also assist in this regard. Of course, where companies fail to do so, they will be subject statutory and common law sanctions, even where the codes lack the ability to penalise.Section 99 of the Companies Act, in particular, and common law fiduciary duties apply here. Unit 10 Partnerships. What is a partnership? They are unincorporated entities, known as firms, comprising any combination of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations (s 4, Companies Act). The relation which subsists between persons carrying on a business in common with a view of profit (s 3(1), Partnership Act) How is a Partnership different to a Company? Unincorporated entities Based on the law of agency Partners bear equal benefits and liabilities Formal establishment not necessary Less statutory responsibilities What does not necessarily constitute a Partnership? oint ownership; sharing of gross returns [Cox v Coulson – no agency]; and sharing of profits [Stekel v Ellice – employment contract vs partnership agreement]. Creation of a Partnership Persons who invest monies to open a company prior to its incorporation or to commence a partnership will not be deemed to be partners during the period before the company or partnership comes into existence. This was the case in Spicer Ltd v Mansell. 6 MGMT3046 Company Law: Course Wrap Up November 2012 Partnership at Will Partnerships that are not subject to any formal agreement. No fixed duration. May be terminated with immediate effect by any partner at any time. Refers to continued partnerships as well.Relations of Partners to Persons Dealing with Them (Higgins v Beaucham [1914] 3 KB 1192; Mann v D’Arcy and Others [1968] 1 WLR 893) Partners are deemed to be agents of each other and, therefore, have the authority to take unilateral decisions which will bind the fi rm, save in cases of fraud or other illegality. Joint liability Liability may continue post retirement An agreement may discharge a retiree from liabilities Liability and Holding Out (Tower Cabinet Co Ld v Ingram [1949] 2 KB 397) Anyone who represents or allows himself to be represented as a partner of a firm will be held liable where the firm’s creditors seek payment. Liability of New and Retired Partners (Bilborough v Holmes (1877) 5 Ch D 255; Rolfe v Flower (1865-67) LR 1 PC 27) Partners’ liability begins upon admission to the firm and ceases upon demission under ordinary circumstances. An agreement may discharge him from any liabilities.A former partner may still be liable for any breaches even after he has left where no such agreement is made. Relations of Partners to One Another (In re Barber (1869-70) L. R. 5 Ch. App. 687) The terms of a partnership agreement may only be varied by the consent of all partners. Partnership Property (Davis v Davis [1894] 1 Ch 393) Partnership property is property that is utilised for the purposes of the partnership. Title to partnership assets may be in the names of all the partners, as in a co-ownership arrangement, or in the names of some partners or one partner. Rights and Duties among Partners (Tann v Herrington [2009] EWHC 445 (Ch)) 26. a) share equally in benefits and liabilities; (b) indemnify every partner for payments made and personal liabilities incurred by him in the ordinary and proper conduct of the business of the firm; or (ii) in or about anything necessarily done for the preservation of the business or property of the firm; (g) no person may be introduced as a partner without the consent of all existing partners; (h)†¦no change may be made in the nature of the partnership business without the consent of all existing partners; Any liability to a third party is recoverable against the partners jointly and severally. 7 MGMT3046 Company Law: Course Wrap Up November 2012Tann v Herrington â₠¬â€œ duty of care, duty to act in good faith, skill Where this is disproved and some element of culpability is also proved, the individual partner only may be held liable. Expulsion of a Partner (In Re A Solicitors’ Arbitration [1962] 1 All ER 772) The concept of majority rule is ordinarily alien to partnerships, especially where expulsion of a partner is the issue. How does expulsion work? All partners must have unanimously agreed at the creation of the partnership to expel the offending partner. Expulsion does not hold where there are only two partners; the partnership will be automatically dissolved should one leave. This power of expulsion is one that must be exercised bona fide and in the general interests of the partnership.Dissolution of Partnerships Ordinarily, a partnership is automatically dissolved: at the expiration of any fixed term, the completion of an undertaking which was the reason for the creation of the partnership, or the death or bankruptcy of a partner. An application may be made to the court for a decree of dissolution in the case of: insanity, incapacity, or misconduct of a partner; where the business is running at a loss; or where it is just and equitable for the partnership to be dissolved. Problems associated with dissolution Division and distribution of the firm’s assets and liability; Continuation of partnership: Pathirana v Pathirana General vs technical dissolution: Green v Harnum 8

Tuesday, October 22, 2019

Culture Vodafone Essays

Culture Vodafone Essays Culture Vodafone Essay Culture Vodafone Essay As the gap between senior management and staff worsened a need for change was recognized. Due to a rise in bureaucracy, a nine month project was introduced to increase efficiency and accountability. The aim of this was to: -Introduce simpler processes -Streamlined reporting procedures -Multi-skilled process-orientated teams introduced to replace functional teams (Recall mentality) The result was one of disappointment as the old-culture was still rife thin staff. Employees were not making the right decisions and there was being too much time taken to report issues that did not need to be reported. This old command and control culture had to be replaced with a coaching and collaboration approach. HRS and senior management began to work closer with each other to ensure that this new culture could be carried through and successfully implemented. Between them they introduced a six step plan to implement the hanged; Vision and values programmer The aim of this was to create staff focus groups, a cascade of workshops led by senior management and a move towards new attitude development. 360 Degree assessment The aim of this was to have the opinions of employees recognized and build awareness within staff of the issues affecting one another. From this it became apparent that employees felt that they were not being Included in many aspects of their work and also there was a lack of Information exchange.

Monday, October 21, 2019

Free Essays on W.E.B Du Bois

William Edward Burghardt Du Bois wanted to go to college and he did. However, he had a specific goal in mind. He wanted to attend Harvard University. He did that too also. Du Bois’s life was changed at Harvard University and he got through Harvard with an unusual motivation scheme. â€Å"I had always thought as a boy, that I was going to Harvard,† (10) says Du Bois. Harvard was Du Bois first choice in college and he did not go there when he first entered college because he did not have the money. He happened to go to Fisk University in Tennessee. Du Bois said in his book Dusk Of Dawn, â€Å"When I learned that Harvard, seeking to shed something of its New England provincialism, was offering scholarships in various parts of the country, I immediately wrote, and to my astonishment of teachers and fellow students, not to mention myself, received Price Greenleaf Aid of $300.† He had spent three years at Fisk but still decided to go Harvard because he felt that he could grow in society using this knowledge. There shows signs of determination for W.E.B. Du Bois. Leaving a school for another shows, that he want something else and was going to do it no matter how it came at him. Du Bois said, â€Å"I was happy at Harvard but for unusual reasons. One of them was my acceptance of racial segregation.† (12) He goes on to say, â€Å" Had I gone from Greta Barrington high school directly to Harvard I would have sought companionship with my white brothers and would have been disappointed and embittered by a discovery of social limitations to which I had not been used to. However, I came by way of Fisk and the South and there I had acceptance and embraced eagerly the companionship of those of my own color. At Fisk University Du Bois learned all about how segregation played into the role of society in which he lived in. He saw discrimination where he lived and in ways that he never imagined. One of the first things he saw was separation on rail... Free Essays on W.E.B Du Bois Free Essays on W.E.B Du Bois William Edward Burghardt Du Bois wanted to go to college and he did. However, he had a specific goal in mind. He wanted to attend Harvard University. He did that too also. Du Bois’s life was changed at Harvard University and he got through Harvard with an unusual motivation scheme. â€Å"I had always thought as a boy, that I was going to Harvard,† (10) says Du Bois. Harvard was Du Bois first choice in college and he did not go there when he first entered college because he did not have the money. He happened to go to Fisk University in Tennessee. Du Bois said in his book Dusk Of Dawn, â€Å"When I learned that Harvard, seeking to shed something of its New England provincialism, was offering scholarships in various parts of the country, I immediately wrote, and to my astonishment of teachers and fellow students, not to mention myself, received Price Greenleaf Aid of $300.† He had spent three years at Fisk but still decided to go Harvard because he felt that he could grow in society using this knowledge. There shows signs of determination for W.E.B. Du Bois. Leaving a school for another shows, that he want something else and was going to do it no matter how it came at him. Du Bois said, â€Å"I was happy at Harvard but for unusual reasons. One of them was my acceptance of racial segregation.† (12) He goes on to say, â€Å" Had I gone from Greta Barrington high school directly to Harvard I would have sought companionship with my white brothers and would have been disappointed and embittered by a discovery of social limitations to which I had not been used to. However, I came by way of Fisk and the South and there I had acceptance and embraced eagerly the companionship of those of my own color. At Fisk University Du Bois learned all about how segregation played into the role of society in which he lived in. He saw discrimination where he lived and in ways that he never imagined. One of the first things he saw was separation on rail...

Sunday, October 20, 2019

A new Spacesuit for Starliner Astronauts

A new Spacesuit for Starliner Astronauts The astronauts are also trendy The media always talks and writes about the latest fashion for men and women of some business jobs, but what about the latest trend in clothes for the astronauts? Do you know that the new high quality spacesuit was unveiled for the Starliner Astronauts recently? Boeing presented its new spacesuit The representatives of the company Boeing informed about their new production - a new spacesuit, which is more comfortable and simpler, than the previous one. It is very good, as the more complicated design can have much more chances to break easily. The designers realized that some parts of the old spacesuit are just unnecessary. This suit meets all the requirements of NASA for functionality and safety. It introduces all the up-to-date innovations. Among the advances of the spacesuit`s design are: vents, which allow astronauts to be cooler, touchscreens-sensitive gloves, which are made of material, that makes such interaction with touchsceens real, visor, and helmet incorporated into the suit. It is lighter and more flexible due to the new joint patterns and advanced materials. The peculiarities of the new Starliner suit There is more material in the knees and elbows, so the astronauts will be able to move easier. The astronauts will be able to move easier, as there is much material in the knees and elbows. This new material allows water vapor to pass out of the suit, which makes it cooler. You can adapt the shape of the suit when seated or standing thanks to the strategically located zippers. There are some special communication systems under the helmet. The booties are also the inalienable part of the whole spacesuit. The new spacesuit will definitely keep the astronaut alive, which is the most important aspect. It is as safe as it is functional. The full suit weighs about 20 pounds with all its accessories. It was tested by the astronauts to make sure, that their work in the spacecraft will be easy and efficient to complete. This spacesuit has a function of the emergency backup to the spacecraft`s redundant life support systems. The new spacesuit was modeled by Chris Ferguson, who is a director of Crew and Mission Systems for Boeing and a former astronaut. The space technology is definitely moving forward This latest suit technology will be used by the astronauts, who are going to head into orbit aboard Boeing`s Starliner spacecraft. They will be taken to the space station by operational Commercial Crew missions. NASA will be able to have more time for its research and science. NASA doesn`t want to pay Russia a lot of money for their spacesuits and rockets in order to launch US astronauts. There are two companies – Boeing and SpaceX, which made a contract with NASA. They should launch the astronauts to the International Space Station as soon as 2018. Nowadays, Boeing is testing the CST-100 Starliner spacecraft, which will be able to carry up to seven astronauts, and SpaceX is working on the Dragon spacecraft. This new spacesuit is one of the most important parts of the Starliner system. It is aimed at protecting the whole generation of the astronauts, which will have the opportunity to reach such destinations, as Mars or asteroid.

Saturday, October 19, 2019

America before columbus Research Paper Example | Topics and Well Written Essays - 1000 words

America before columbus - Research Paper Example The period before the arrival of Christopher Columbus is known as pre-Columbian. Pre-Columbian is a term used to refer to the culture of the â€Å"New World†, as per Columbus description of America, in the era prior to European influence. The indigenous cultures before civilization continued to develop until Europeans challenged it though many centuries after 1492 when Columbus discovered the New World (Wulffson 52). This paper seeks to explore deeply on what America was like before arrival of Columbus. A lot of literature suggests that Columbus was not the first one to discover America as it is perceived and explained by Europeans. According to Mroueh (1) Muslims from Spain and West Africa were before him by about five centuries. They started their journey in the mid-tenth century during the reign of Umayed Caliph Abdul-Rahmna III only to return later from a strange land thought to be America (Mroueh 1). In addition, there are higher chances that Amerigo Vespucci, discovered America. Both of them set out at different times in their navigation ventures. Columbus had planned to go to Asia but without knowing, he headed to the West Indies. Throughout the journey, he believed he was headed for Asia but that was not the case. According to Wulffson (98), Columbus died still thinking that he was headed for Asia while Amerigo Vespucci was so certain that he had found a new land. America is therefore named after Amerigo Vespucci as the person who discovered it. Before Columbus arrived in America, America was sparsely populated due to the nomadic nature of the natives (Mann 465). They lived in highly stratified, complicated and perfectly organized societies. In his new book titled "1491: New Revelations of the Americas before Columbus," Charles C. Mann compiled evidence of the sophistication of pre-Columbian America (Crabtree 1). According to him, the urban revolution took place way before the Europeans settled in America. As a result, there was the growth of ver y refined cities that have existed, grown and spread all through the American continent. As a result, the people practiced agriculture and domesticated crops and animals; this was done 5,000 years prior to arrival of Columbus. Funny enough, with the domestication of plants and animals, the health of the people was on a decline instead of improving. This was attributed to growth of the population as well as government policies that favored urbanization (Crabtree 1). However, there were still big portions of land that were highly underutilized before agriculture was introduced. When it was introduced, the populations exploded as many people sort to make use of the widely unused land. Diseases outbreaks were widespread in America that made the people to consider resettling into large, less complex and disorganized communities. This did not still solve the issue. The re-emergence of industrialization and urbanization led to trade and migration. Incidences of pollution increased from ind ustrial emissions and the population was faced by a challenge of housing due to explosive population numbers. As a result, infections were on the rise as most of the people congregated and squatted in cities, hence the disease outbreak experienced in the 1400s was the highest that has ever been recorded. The death rates increased and hence, the lives of the people became unbearable. All this was a product of pre-Columbian efforts to industrialize and urbanize America. The people suffered from degenerative joint disease, trauma,

Friday, October 18, 2019

Final Report and Ratios Essay Example | Topics and Well Written Essays - 250 words

Final Report and Ratios - Essay Example ive when compared to that of Lowe’s. Total debt ratio is more than 1 in the year 2009 and 2008 for Home depot but it’s less than 1 for Lowe’s in the year 2009 and 2008, which suggests that in case of liquidation, shareholders will be left with nothing in case of Home Depot as debt holders would be paid first. Lowe’s also has a better cover for the interest payables, as the times interest earned ratio which stands at 10.93 is far ahead when compared to that of Home Depot which stands at only 6.89. Lowe’s cash conversion is of particular significance because the operating profit attributable to shareholders is converted into cash, which could be paid to investors without affecting the business, more efficiently and effectively when compared to that of Home Depot. References Home Depot Annual Report, 31 January 2010, Web site: http://www.homedepot.com/ Lowe’s Annual Report, 31 January 2010, Web site: www.lowes.com

Strategy- Energy Firm Assignment Example | Topics and Well Written Essays - 250 words

Strategy- Energy Firm - Assignment Example However, the case of BP oil shows that firms seek to reduce cost at the expense of ethical actions hence the observed problem (Tencati & Perrini, 2011). The strategies of the company are to incorporate the additional cost of meeting ethical requirements and corporate social responsibility in the final price to the consumer. Competitive strategies in various industries have gone beyond pricing. The cost of production remains a key factor in a firm’s profit level. Ethical concern is cost related and remains a competitive dilemma among companies. Although the cost of corporate social responsibility affects the profits, it has long term benefits as far as market share is concerned (Tencati & Perrini, 2011). For profit companies can effectively balance ethical practices with competition. The consumer community is aware of the ethical practices hence significantly influence the performance of the firm. This was evident when the world frowned against the BP oil over its environmental degradation on the spill. This means strategic costing and fair pricing would help address market size in the long run and compete favorably. The situation of BP oil would have been averted if the management had considered the high cost environment care option. The CEO would have opted for the expensive casing pipe as this would help reduce the risk significantly (Tencati & Perrini, 2011). It is evident that the wrong decision cost the firm its global image and subsequent slump in sales. The situation would have been prevented by insisting on ethical standards as a long term consumer focused

Thursday, October 17, 2019

Building and ethical organization procedure and characteristics the Essay

Building and ethical organization procedure and characteristics the case of Medicare Services Ltd - Essay Example The organization has been divided into two major parts, the Human Needs section and the Medical Needs section. The first one refers exclusively to the provision of psychological support in various cases including mental illnesses of temporary or permanent character. The above support is provided without a differentiation between the mental illnesses that have a genetic cause and those that have been developed gradually or by accident after a severe psychological pressure. As for the pure Medical department, this can handle all types of medical problems even severe injuries. The reason for such an extended area of activity is that the institute’s human resources department decided to include a multi – skills element when deciding the structure, the roles and the knowledge of the organizational workforce. The only problem seems to be the absence of sufficient space for a long-term ‘residence’ of patients. At the moment, in both departments only a short term residence is available, however, there is a plan for the extension of the institute’s space through the‘re-construction’ of a near-by building which is also included in the institute’s property.

Ethics and Governance Essay Example | Topics and Well Written Essays - 1500 words - 6

Ethics and Governance - Essay Example Kantian’s approach to ethics is relevant to business and management because it focuses on the maxim of the action. To Kant’s thinking, business stands to gain when it focuses its maxim on securing goodwill. Paying bribe does not add to the goodwill of business although the practice may be universal. â€Å"A business manager who accepts Kantian morality would ask for any given decision, does the principle on which the decision is based pass the test of the categorical imperative, that is, can it be willed universally without contradiction? If it can, then the decision would be morally permissible. If it cannot, the action is morally forbidden† (Bowie, Norman E; 2002, p5).A robust business house following Kant’s approach to ethics weighs its every action in ways that secures business without depending on malpractices such as payment of bribes. Such business houses are strongly self-reliant and prefer ethically sound actions irrespective of the outcome. In Ka ntian ideology, there is no means. There is only the end. Actions culminate as the end.Kantian approach is flexible. It does not treat other approaches as untouchables. However, it upholds high values and sets standards that weigh individual actions by the acceptance or rejection of others universally. In commercial terms, â€Å"Ethical capital reflects the additional revenues created by corporate moral agency, such as a price premium paid by an ethical consumer for an environmentally friendly product†.

Wednesday, October 16, 2019

Building and ethical organization procedure and characteristics the Essay

Building and ethical organization procedure and characteristics the case of Medicare Services Ltd - Essay Example The organization has been divided into two major parts, the Human Needs section and the Medical Needs section. The first one refers exclusively to the provision of psychological support in various cases including mental illnesses of temporary or permanent character. The above support is provided without a differentiation between the mental illnesses that have a genetic cause and those that have been developed gradually or by accident after a severe psychological pressure. As for the pure Medical department, this can handle all types of medical problems even severe injuries. The reason for such an extended area of activity is that the institute’s human resources department decided to include a multi – skills element when deciding the structure, the roles and the knowledge of the organizational workforce. The only problem seems to be the absence of sufficient space for a long-term ‘residence’ of patients. At the moment, in both departments only a short term residence is available, however, there is a plan for the extension of the institute’s space through the‘re-construction’ of a near-by building which is also included in the institute’s property.

Tuesday, October 15, 2019

Essay Example | Topics and Well Written Essays - 500 words - 114

Essay Example A journalist, writer, researcher, or reporter who is guilty of either plagiarism or fabrication betrays that trust because the reading audience relies on the writer, implying that what was written was original, contributed to the discussion, distilled it with his thoughts and ideas, and gave a new insight for the benefit of readers (Seife, 2013, p. 5), and committing plagiarism or fabrication is mortal sins in terms of its professional ethics. However, it must be conceded that any code of ethics has shades of gray (ibid.) and more so in writing as there is no â€Å"canonical code† for journalists; this is because it can boil down to judgment although those who are in the profession know there is a dividing line and when they had crossed it. This is where the normative code of ethics comes in; a group of journalists and reporters know they have an explicit code of conduct to follow and abide by. This particular sector in society has their own peculiar language (lingo) which only members can understand, and this includes a standard when it comes to its professional ethics not to commit plagiarism or fabrication in their stories. It is indeed a tricky minefield on what constitutes plagiarism or not; in any case, people know when they have committed it or not. Ethics can be quite subjective in the sense it depends on the times and the context in which the ethical rules currently operate. Rules against plagiarism are quite strict when applied in the academic world. This is the assurance by which professors can objectively evaluate their students; otherwise, the students will not learn and the teaching environment will not be conducive to the whole learning process. In this regard, the cheating scandal at Harvard University can be considered from the viewpoint of the second definition of what constitutes normative; in this sense, it means value judgments. A lot of students who were

Monday, October 14, 2019

Theories of Reading Essay Example for Free

Theories of Reading Essay So far, there are three main theories which explain the nature of learning to read. First, the traditional theory, or bottom up processing, which focused on the printed form of a text. (2) the cognitive view, or top-down processing enhanced the role of background knowledge in addition to what appeared on the printed page. Third, the metacognitive view, which is based on the control and manipulation that a reader can have on the act of comprehending a text, and thus, emphasizes the involvement of the reader’s thinking about what he is doing while reading. 1. The traditional bottom-up view The traditional bottom-up approach to reading was influenced by behaviorist psychology of the 1950s, which claimed learning was based upon â€Å"habit formation, brought about by the repeated association of a stimulus with a response† and language learning was characterized as a â€Å"response system that humans acquire through automatic conditioning processes,† where â€Å"some patterns of language are reinforced (rewarded) and others are not,† and â€Å"only those patterns reinforced by the community of language users will persist† (Omaggio 1993, 45-46). Behaviorism became the basis of the audio-lingual method, which sought to form second language â€Å"habits† through drilling, repetition, and error correction. Today, the main method associated with the bottom-up approach to reading is known asphonics, which requires the learner to match letters with sounds in a defined sequence. According to this view, reading is a linear process by which readers decode a text word by word, linking the words into phrases and then sentences (Gray and Rogers, cited in Kucer 1987). According to Samuels and Kamil (1988: 25), the emphasis on behaviorism treated reading as a word-recognition response to the stimuli of the printed words, where â€Å"little attempt was made to explain what went on within the recesses of the mind that allowed the human to make sense of the printed page†. In other words, textual comprehension involves adding the meanings of words to get the meanings of clauses (Anderson 1994). These lower level skills are connected to the visual  stimulus, or print, and are consequently concerned with recognizing and recalling. Like the audio-lingual teaching method, phonics emphasizes on repetition and on drills using the sounds that make up words. Information is received and processed beginning with the smallest sound units, and proceeded to letter blends, words, phrases, and sentences. Thus, novice readers acquire a set of hierarchically ordered sub-skills that sequentially build toward comprehension ability. Having mastered these skills, readers are viewed as experts who comprehend what they read. The bottom-up model describes information flow as a series of stages that transforms the input and passes it to the next stage without any feedback or possibility of later stages of the process influencing earlier stages (Stanovich, 1980). In other words, language is viewed as a code and the reader’s main task is to identify graphemes and convert them into phonemes. Consequently, readers are regarded as passive recipients of information in the text. Meaning resides in the text and the reader has to reproduce it. The ESL and EFL textbooks influenced by this perspective include exercises that focus on literal comprehension and give little or no importance to the reader’s knowledge or experience with the subject matter, and the only interaction is with the basic building blocks of sounds and words. Most activities are based on recognition and recall of lexical and grammatical forms with an emphasis on the perceptual and decoding dimension. This model of reading has almost always been under attack as being insufficient and defective for the main reason that it relies on the formal features of the language, mainly words and structure. Although it is possible to accept this rejection for the fact that there is over-reliance on structure in this view, it must be confessed that knowledge of linguistic features is also necessary for comprehension to take place. To counteract over-reliance on form in the traditional view of reading, the cognitive view was introduced 2. The Cognitive View (top-down processing) In the 1960s a paradigm shift occurred in the cognitive sciences. Behaviorism became somewhat discredited as the new cognitive theory represented the mind’s innate capacity for learning, which gave new explanatory power to how humans acquired their first language; this also had a tremendous impact on the field of ESL/EFL as psycholinguists explained â€Å"how such internal representations of the foreign language develop within the learner’s mind† (Omaggio, 1993: 57). Ausubel (cited in Omaggio, 1993: 58), made an important distinction between meaningful learning and rote learning. An example of rote learning is simply memorizing lists of isolated words or rules in a new language, where the information becomes temporary and subject to loss. Meaningful learning, on the other hand, occurs when new information is presented in a relevant context and is related to what the learner already knows, so that it can be easily integrated into one’s existing cognitive structure. A learning that is not meaningful will not become permanent. This emphasis on meaning eventually informed the top-down approach to L2 learning, and in the 1960s and 1970s there was an explosion of teaching methods and activities that strongly considered the experience and knowledge of the learner. These new cognitive and top-down processing approaches revolutionized the conception of the way students learn to read (Smith, 1994). In this view, reading is not just extracting meaning from a text but a process of connecting information in the text with the knowledge the reader brings to the act of reading. In this sense, reading is a dialogue between the reader and the text which involves an active cognitive process in which the reader’s background knowledge plays a key role in the creation of meaning (Tierney and Pearson, 1994). Reading is not a passive mechanical activity but purposeful and rational, dependent on the prior knowledge and expectations of the reader. It is not merely a matter of decoding print to sound but also a matter of making sense of written language (Smith, 1994: 2). In short, reading is a psycholinguistic guessing game, a process in which readers sample the text, make hypotheses, confirm or reject them, make new hypotheses, and so forth. Schema Theory Another theory closely related to top-down processing called schema theory also had a major impact on reading instruction. It describes in detail how the background knowledge of the learner interacts with the reading task and illustrates how a student’s knowledge and previous experience with the world is crucial to deciphering a text. The ability to use this schemata, or background knowledge, plays a fundamental role in one’s trial to comprehend a text. Schema theory is based on the notion that past experiences lead to the creation of mental frameworks that help a reader make sense of new experiences. Smith (1994: 14) callsschemes the â€Å"extensive representations of more general patterns or regularities that occur in our experience†. For instance one’s generic scheme of an airplane will allow him to make sense of airplane he has not previously flied with. This means that past experiences will be related to new experiences, which may include the knowledge of â€Å"objects, situations, and events as well as knowledge of procedures for retrieving, organizing and interpreting information† (Kucer, 1987: 31). Anderson (1994: 469) presents research showing that recall of information in a text is affected by the reader’s schemata and explains that â€Å"a reader comprehends a message when he is able to bring to mind a schema that gives account of the objects and events described in the message†. Comprehension is the process of â€Å"activating or constructing a schema that provides a coherent explanation of objects and events mentioned in a discourse† (Anderson, 1994: 473). For Anderson and Pearson (1988: 38), comprehension is the interaction between old and new information. They emphasize: â€Å"To say that one has comprehended a text is to say that she has found a mental ‘home’ for the information in the text, or else that she has modified an existing mental home in order to accommodate that new information†. Therefore, a learner’s schemata will restructure itself to accommodate new information as that information is added to the system (Omaggio, 1993) Content and formal schemata Schema theorists differentiate formal schemata (knowledge about the structure of a text) from content schemata (knowledge about the subject matter of a text), and a reader’s prior knowledge of both schemata enables him to predict events and meaning as well as to infer meaning from a wider context. Formal schemata refers to the way that texts differ from one another; for example, a reading text could be a fictional work, a letter to the editor, or a scientific essay, and each genre will have a different structural organization. Knowledge of these genre structures can aid reading comprehension, as it gives readers a basis for predicting what a text will be like (Smith 1994). For example, if a reader knows that the typical format of a research article consists of sections subtitled Introduction, Theoretical Basis, Methods, Results, Discussion, and Conclusion, that knowledge will facilitate their interaction with the article and boost  comprehension. On the other hand, if he is not familiar with this formal schema, teaching it to him could lead to improved reading ability with lasting and beneficial effects. Content schemata refers to the message of the text. One’s familiarity with the content will make more productive and efficient. As Anderson (1994: 469) explains, â€Å"a reader comprehends a message when he is able to bring to mind a schema that gives account of the objects and events described in the message†. Activating and building schemata  Since the reader plays a fundamental role in the construction of meaning, his age, gender, experience, and culture are important considerations for teachers who want to select readings that will motivate their students. Anderson (1994) notes that when readers cannot locate a schema that fits a text, they may find it incomprehensible. In some cases readers may not have a schema that is significant to the text, or they may need help to activate the pertinent schema to be able to comprehend the text. In such cases it may not be possible for the reader to understand the text, and the teacher must be ready to engage in â€Å"building new background knowledge as well as activating existing background knowledge† (Carrell, 1988: 248). In parallel with this, Bransford (1994) points out that difficulties in comprehension may be caused by the lack of background knowledge presumed by the text, and he sees the responsibility of instructors as being twofold: to activate preexisting schemata and to help students to integrate isolated â€Å"parcels† of knowledge into a schema or to build a new one. If the texts to be read contain a cultural context that is different from the student’s, the issues of formal and content schemata become even more important. McDonough (1995), explains that, to a higher extent, this is the reason why ESL and EFL students find it difficult to read in a second language with texts that contain cultural assumptions of the target culture. They may lack the culture-specific background knowledge necessary to process the text in a top-down manner. His reports on several studies demonstrate how people outside a given culture may misunderstand events with unfamiliar cultural connotations. (Students from different cultural backgrounds taking standardized tests which assume common schemata for will also face the same problem. ) Applying schema theory to L2 reading Based on the aforementioned ideas, it is obvious that in order to teach reading effectively, the teacher’s role to activate and build schemata is paramount. To achieve it, he should in advance select texts that are relevant to the students’ needs, preferences, individual differences, and cultures in order to provide meaningful texts so the students understand the message, which entails activating existing schemata and helping build new schemata. Then, after selecting the text, he needs to do the following three stages of activities to activate and build the students’ schemata. (1) Pre-reading activities, in which the teacher have students think, write, and discuss everything they know about the topic, employing techniques such as prediction, semantic mapping, and reconciled reading. The objective is to make sure that students have the relevant schema for understanding the text. (2)During-reading activities, in which the teacher guide and monitor the interaction between the reader and the text. One important skill teachers can impart at this stage is note-taking, which allows students to compile new vocabulary and important information and details, and to summarize information and record their reactions and opinions. (3)Post-reading activities which facilitate the chance to evaluate students’ adequacy of interpretation, while bearing in mind that accuracy is relative and that â€Å"readership† must be respected as long as the writer’s intentions are addressed (Tierney and Pearson, 1994). Post-reading activities focus on a wide range of questions that allow for different interpretations. While schema activation and building can occur in all three stages, the pre-reading stage deserves special attention since it is here, during the students’ initial contact with the text, where their schemata will be activated. Pre-reading activities Pre-reading activities is aimed to activate existing schemata, build new schemata, and provide information to the teacher about what the students know. In their report on the positive effect various pre-reading activities had on reading comprehension, Chen and Graves (1995, 664), define them as â€Å"devices for bridging the gap between the text’s content and the reader’s schemata†. Various activities and materials can help the teacher introduce key vocabulary and reinforce concept association to activate both formal and content schemata. Formal schemata will be activated by employing devices such as advance organizers and overviews to draw attention to the structure of a text. The content schemata will be activated by using various pre-reading activities to help learners brainstorm and predict how the information fits in with their previous knowledge. One of the most important pre-reading activities proposed by schematic theorists isprediction. According to Goodman (1988: 16), prediction is important because â€Å"the brain is always anticipating and predicting as it seeks order and significance in sensory inputs†. Smith (1994, 19–20) defines prediction as â€Å"the prior elimination of unlikely alternatives†. According to him, predictions are questions the readers ask the world and comprehension is receiving the answers. He emphasizes that it is prediction that makes skilled readers effective when reading texts that contain familiar subject matter. â€Å"Prediction brings potential meaning to texts, reducing ambiguity and eliminating in advance irrelevant alternatives. Thus, we are able to generate comprehensible experience from inert pages of print† (Smith 1994, 18). Another pre-reading activity is previewing, where students look at titles, headings, andpictures, and read the first few paragraphs and the last paragraph; these activities can then help students understand what the text is about by activating their formal and content schemata and making them familiar with the topic before they begin reading in earnest. Semantic mapping is another pre-reading activity that Carrell, Pharis, and Liberto (1989: 651) describe as a useful way to pre-teach vocabulary and to â€Å"provide the teacher with an assessment of the students’ prior knowledge or schema availability on the topic†. This activity asks students to brainstorm about the reading topic as the information is displayed on a graphic â€Å"map. † As students make associations, the map becomes a thorough summary of the concepts and vocabulary that they will encounter in the reading. It can also help build schemata and vocabulary that students do not yet possess. Again, it is important to know something about the students so the selected texts contain the type of material that is likely to be familiar and interesting to them. Reutzel (1985) proposes another type of pre-reading activity called reconciled readinglesson, which reverses the sequence presented by many textbooks where the text is followed by questions. Instead, the teacher develops pre-reading questions from the questions that appear at the end of the reading. Smith (1994) criticizes comprehension exercises presented at the end of a reading because they are like memory tests. He argues that using prior knowledge efficiently contributes to fluent readers, and he believes that there is a reciprocal relationship between visual and non-visual (prior knowledge) information; the more the readers have of the latter, the less they need of the former. Although not all the post-reading questions can be easily turned into pre-reading ones, this strategy can be invaluable to activate schemata. 3. The metacognitive view According to Block (1992), there is now no more debate on â€Å"whether reading is a bottom-up, language-based process or a top-down, knowledge-based process. † It is also no more problematic to accept the influence of background knowledge on readers. Research has gone even further to define the control executed by readers on their trial to understand a text. This control is what Block has referred to as meta-cognition. In the context of reading, meta-cognition involves thinking about what one is doing while reading. Strategic readers do not only sample the text, make hypotheses, confirm or reject them, and make new hypotheses while reading. They also involve many activities along the process of reading, whose stages can be divided into three, i. e.before reading, while reading, and after reading. The activities the readers involve before reading are to identify the purpose of the reading, identify the form or type of the text. In the second stage (while reading), they think about the general character and features of the form or type of the text—such as trying to locate a topic sentence and follow supporting details toward a conclusion, project the author’s purpose for writing the text, choose, scan, or read in detail, make continuous predictions about what will occur next based on information obtained earlier, prior knowledge, and conclusions obtained within the previous stages. Finally, in the last stage, they attempt to form a summary, conclude, or make inference of what was read. Guidelines for Effective Teaching of Reading After discussing the ideas and concepts presented in the three reading theories, we are now on the position of arranging tips and guidelines for implementing a theory of reading which will help to develop our learner’s abilities. These tips are arranged in three sections which are parallel with the three consecutive reading stages: before reading, during reading, and after reading. Pre-Reading Tips Before the actual act of reading a text begins, some points should be regarded in order to make the process of reading more comprehensible. First, teachers need to make sure that the texts to read contain words and grammatical structures familiar to the learners. If the texts contain unfamiliar vocabulary, teachers can introduce key vocabulary in pre-reading activities that focus on language awareness, such as finding synonyms, antonyms, derivatives, or associated words. Second, teachers should make sure that the topics of texts chosen are in accordance with the age range, interests, sex, and background culture of the students for whom they are intended. If they are not, it is necessary to provide the necessary background information to the reader to facilitate comprehension. This activity could be carried out by letting the class members brainstorm ideas about the meaning of a title or an illustration and discuss what they know. The followings are some activities teacher can use during the pre-reading stage. These activities will not take a very long time to carry out. However, they are very effective in overcoming the common urge to start reading a text closely right away from the beginning. 1. Teacher-directed pre-reading, in which some key vocabulary, ideas in the text, and the type of the text are explained. In this approach the teacher directly explains the information the students will need, including key concepts, important vocabulary, and appropriate conceptual framework. The text types are also necessary to introduce because texts may take on different forms and hold certain pieces of information in different places. The students’ familiarity with the types of the text they are reading will develop their understanding of the layout of the material. Such familiarity will, in turn, enable them to focus more deeply on the parts that are more densely compacted with information. Even paying attention to the year of publication of a text, if applicable, may aid the reader in presuppositions about the text as can glancing at the name of the author. 1. Interactive activities, in which the teacher leads a discussion in which he/she draws out the information students already have and interjects additional information deemed necessary  to an understanding of the text to be read. Moreover, the teacher can make explicit links between prior knowledge and important information in the text. 1. Reflective activities, in which students are guided to make themselves aware of the purpose and goal for reading a certain piece of written material. At the beginning stages this can be done by the teacher, but as the reader becomes more mature this strategy can be left to the readers. For instance, the students may be guided to ask themselves,â€Å"Why am I reading this text? What do I want to do or know after finished reading this? Being aware of their purpose and goal to read, later—in during reading activities—they can determine what skill(s) to employ: skimming, scanning, reading for details, or critical reading During-reading tips The activities carried out in during-reading stage consist of taking notes, reacting, predicting, selecting significant information, questioning the writer’s position, evaluating, and placing a text within one’s own experience. These processes may be the most complex to develop in a classroom setting, the reason being that in English reading classes most attention is often paid to dictionaries, the text, and the teacher. The followings are tips that encourage active reading. Practicing them will help the students be active readers. 1. Making predictions: The students should be taught to be on the watch to predict what is going to happen next in the text to be able to integrate and combine what has come with what is to come. 2. Making selections: Readers who are more proficient read selectively, continually making decisions about their reading. 3. Integrating prior knowledge: The schemata that have been activated in the pre-reading section should be called upon to facilitate comprehension. 4. Skipping insignificant parts: A good reader will concentrate on significant pieces of information while skipping insignificant pieces. 5. Re-reading: Students should be encouraged to become sensitive to the effect of reading on their comprehension. 6. Making use of context or guessing: Students should not be encouraged to define and understand every single unknown word in a text. Instead they should learn to make use of context to guess the meaning of unknown words. 7. Breaking words into their component parts: To keep the process of comprehension ongoing, efficient readers analyze unfamiliar words by break them into their affixes or bases. These parts can help them guess the meaning of a word. 8. Reading in chunks: To ensure reading speed, students should get used to reading groups of words together. This act will also enhance comprehension by focusing on groups of meaning-conveying symbols simultaneously. 9. Pausing: Good readers will pause at certain places while reading a text to absorb and internalize the material being read and sort out information. 10. Paraphrasing: While reading texts, it may be necessary to paraphrase and interpret texts sub-vocally in order to verify what was comprehended. 11. Monitoring: Good readers monitor their understanding to evaluate whether the text, or the reading of it, is meeting their goals. After-reading tips 12. Post-reading activities basically depend on the purpose of reading and the type of information extracted from the text. Barnett (1988) states that post-reading exercises first check students’ comprehension and then lead students to a deeper analysis of the text. In the real world the purpose of reading is not to memorize an author’s point of view or to summarize text content, but rather to see into another mind, or to engage new information with what one already knows. Group discussion will help students focus on information they did not comprehend, or did comprehend correctly. Accordingly, attention will be focused on processes that lead to comprehension or miscomprehension. 13. Generally speaking, post-reading can take the form of these various activities: (1) discussing the text: written/oral, (2) summarizing: written/oral, (3) making questions: written/oral, (3) answering questions: written/oral, (4) filling in forms and charts (5) writing reading logs (6) completing a text, (7) listening to or reading other related materials, and (7) role-playing. RESEARCHED BY: FARNAIDA L. ABUBACAR, MAT-ENGLISHJULY 01, 2011.

Sunday, October 13, 2019

The influence of communication climate in workplace

The influence of communication climate in workplace Introduction Organizations today are influenced by many factors attempt to achieve a goal or gain a reputation. Dwyer (2005) explains that effective and efficient communication is just as essential to the successful operation of any organisation .Indeed, communication is used frequently in almost every aspect of business, such as: in meetings, discussions, interviews, e-mail or teleconferencing. Pomeroy (2006) also explains that successful company practice great communication. Based on some previous literature study, In order to face the uncertainty change and need of organization, communication becomes one of the most important competences to use in workplace. Additionally, organizational communication refers to communication climate as a whole of organization and the use of different instruments for communication. It can decidedly affect the quality of relationship and organization`s effectiveness. A positive communication climate may contains many Factors, such as the climate that mutual trust , effective communication mechanism, praise each other, humors, Mind magnanimous and sincere and the mentality of communication. On the contrary, a negative communication climate may contains many barriers, such as personal barriers, physical barriers and language barriers. Definition Communication is a conscious or unconscious, intentional or unintentional process in which feelings and ideas are expressed as verbal and nonverbal messages; sent, received and comprehended'(Berko, Wolvin Wolvin ,1998). Verbal communication can be defined as a way for people to communicate face to face or communicating people`s thoughts through words. It is an ability that every one should develop to improve interactions and relationships. Yoder et al. (1996) define non-verbal communication as all non-language aspects of communication behaviour. Some key aspects of nonverbal communication are: proxemics, artifacts kinesics, oculesics, haptics, vocalics, and chronemics. Putnam and Cheney (1985) define communication climate as the atmosphere in an organization regarding accepted communication behaviour.Usually use supportive and defensive communication climate as distinction for the key factors in the communication climate (Hoof Ridder, 2004). A supportive climate is nonjudgmental so that the other person does not feel defensive by communication. It encourages open, constructive, honest and effective interaction. Defensive climate can define as makes the other person feel self-protective and leads to competitive or destructive conflict. Therefore, the competent communicators will attempts to maintain a supportive communication climate. According to Dr. Gibb (1961) describes six dimension of behaviour to warm up or chill the communication climate (See Appendix A). The pole of these dimensions creates a defensive climate and supportive climate. They applied equally in every small group. Positive communication climate A positive communication climate is very important to the people, so how to build a positive communication climate. 1. Creating the organizational climate that mutual trust There is a well-known bank, the managers of the bank decentralized to the middle-level employees that they can spend enough money to marketing which they dont have to care. Some people may worry that(Joyce E. Bono; Hannah Jackson Foldes,2007) the employees will overspend, but in fact that the employees did not overspend, but to maintain a lot of customers. In contrast, some managers see the money very strict, they fear that other people overspend, but the employees are in the dark by all means seeking their own interests. In another company, the managers office is placed in an open hall the same as the general staff so that every general staff can see what the manager is doing. When the staff went out to buy daily office supplies, in addition to normal claims, the company also paid a number of additional hard costs, this move put an end to the employees who want to get virtual sham. In this two cases we can see that mutual trust for each member organization is very important. 2. Establish an effective communication mechanism Understanding and trust is not empty talk, sometimes a small misunderstanding may caused endless trouble. There is an employee who wants to resign, but the manger said: you shouldnt leave, you are so outstanding, what I did before is just want to exercise you. However, the employee thought what the manger said is just a pack of lies. He dedicated (Yoder, D., Hugenberg, L. Wallace, S. 1996) himself to work, but the incomes he gets are less than the bootlicker. The manger would like to reuse the talent; the enterprise wants to play to their talents, but just because the poor communication, the all get nothing. So establish an effective communication mechanism is very important to a company. 3. Praise each other Praise is almost a well-tested communication lubricant. In this world, there is on person who dont like to preceiving recognition, so iinstitute of praise will be smooth sailing in any communication. 4. Communicate with humours Humours not only are the steps to harmony and a springboard for dialogue, but also a panacea for resolving the conflict. The ugliest girl in the class walked onto the stage that runs for the Class Flower, she said to the female students: Please vote for me, after a few years, you can say to your boyfriend pointing at me, look! I am more beautiful than the classes flower. So, she was unanimously elected. Humour can be a miracle to make the impossible possible. 5. Mind magnanimous and sincere Many entrepreneurs (Ali D Akkirman and Drew L Harris,2005) like to entertain customers in bathing place, because that can get a closer relationship with customers, in the bathing place people meet all sincerity, no one will put on airs. This is also a non-verbal signals, a number of non-verbal signals used by Human beings are all in this intention, such as salute, handshake are all in order to communicate with each other that they do not have a weapon. 6. Adjust the mentality of communication With the rapid develop of the modern communication technology and information networks, the way of people communicate are more and more manifold. Even if two people far apart, communication between them will be fairly easy. On the surface, The communication between people is indeed more frequent. But in fact, most of the communication has become a the surface behaviour that driven by material interests of society, which the effect can be imagined. But most people in modern company lack of a sincere attitude of communication. So the organization communicator of modern enterprises should not only do business operation procedures of communication, but also should pay attention to the hearts of communication between members. There is such a case: The management of a factory hope that the staff can bring coffee their own, and in order to save time, they hope the staff can drink coffee not in coffee shops, but beside the machine. The company has been very frank and candid. In the staff meeting, The management had shown the electricity consumption tables of the factory, the tables illustrate that when the staff drink coffee in the coffee shops, the factory will waste much electricity. They give this case in order to proved prolonged work stoppage would result in loss of profits. So the staff readily accepted the new rest system finally. This case illustrates that in an organization, communication has its essential value. It is need to communicate to disseminate information and exchange ideas between Management and management, management and staff or staff and staff. Information transfer between people is to communicate, and the goal is to make the recipient understand the meaning of information. Managers an d team leaders to convey the instructions, Colleagues Grasp the progress of work each other, no matter upper and lower layers or the same layers, they all must take the power of communication to ensure the normal operation of collaborative work so that ensure the members within the organization can keep dynamic link with others, and the overall and promote the development of the organization. Negative communication climate There is a case that shows the negative communication climate: Damian (accounting manager) and Jenny (marketing director) interviews with a number of audit positions of candidates together. Then they and three other department heads together to determine the final candidates, when Jenny proposed that a candidates shortcomings what she had seen, Damian immediately sharply questioned Jennys ability to evaluation of audit skills, Jenny is natural felt very angry about the attack by Damian. Although Damian apologized to Jenny and said she was very remorseful about this matter, but Jenny has been brooding on this matter. This case shows that negative communication climate will do great harm to relationships. Even if the receiver can receive the information, various kinds of interference will limit the understanding of information. These barriers like noise, it will obstacles to communicate, It may occur in the physical environment, or arising from personal emotions. Noise will make communication can not be entirely, or filter out some of the content, or distorted information intended. There are three types of communication disorders (Daisy Saunders,2007): personal barriers, physical barriers and language barriers Personal barriers is due to peoples feelings, values, or bad listening habits which caused communication barriers, It also includes the level of their education, race, gender, socio-economic status, and other communication barriers. Personal barriers often associated with the psychological distance between the people. It is very similar to the actual physical distance. For example, A talk to B with domineering tone, which makes B very offensive. The offensive has led to the psychological distance between the two. Physical barriers refers (M. Sandy Hershcovis; Nick Turner; Julian Barling; Kara A,2007) that the barriers present in the environment of communication. A typical physical barrier is that the noise suddenly appears which interferences the talk. Other physical barriers include the distance between people and so on. When the physical barriers appear, people will realize and take appropriate measures to compensate. In the language of communication, Team members from different cultural backgrounds because used to using the different mother tongue, which lead to language difficulties. It indeed exist communication problems in a multicultural cross-cultural team. Even if team members can keep using a common language, such as English, However, for those team members who are not native to that language, They express the feeling in the team communication is often not in place. This will cause misunderstanding with other team members. In addition, the members affected with different cultural backgrounds, they may have different ideas, ways of thinking and world view. So the language barriers will be more obvious in team. Conclusion A pleasant working atmosphere is a very important factor for highly efficient team work, positive communication climate played a significant role on improving the motivation of employee. Therefore, if managers can master the skills to create positive communication climate, and used it in their own work, then the manager will be able to identify the behaviour is efficiency or not, and be able to change it effectively so that can efficient and easy to get creative achievements. Positive communication climate not only can bring to the enterprise the smooth flow of information, but also provide basic protection for the organizations decision-making and execution. All organizations should be fully aware of the importance of positive communication climate, and eliminate the obstacles blocking, finally reached a good communication environment