Thursday, July 23, 2020
East Campus, Part Two
East Campus, Part Two First of all, a big thank you to everyone who replied to my request for feedback in the last entry. :-) I will be creating some in-depth entries about projects as I decide what exactly to write about! In this second post of a three-part series, I will showcase some vacant rooms in the MIT East Campus dormitory, all from the same floor. My objective is to show the typical setup, furniture, and layout of a mix of rooms in the third post, I will show presently occupied and lived-in quarters to give some contrast between the way youll find a room when you move in, and the way things could look a month or a year later. I was able to find empty rooms to photograph because during the summer months, many students choose to go home or pursue summer internships and other opportunities off campus. However, very often a student will leave at the end of the spring semester and choose to come back to the same room in the fall. House management requires the rooms to be vacated unless a student is keeping his or her room for the summer (with applicable rent payment, currently between $1500 and $1800 total). You would have difficulty finding empty rooms during the school year, as EC is a pretty p opular place to live. With this post, I will take the time to clarify something from my last entry: when I said I try to get off campus as much as possible, I didnt mean that I dont like it here! Its just that MIT is located in a vibrant metropolitan area with much to see and do, in a region with many opportunities for travel and exploration. I value my many connections to campus and the activities in which Im involved, and in my entry I simply wished to convey a picture of a lifestyle heavily influenced by factors both internal and external to the Institute. :-) That said, lets see some photos (all taken within the past couple of weeks and yes, its common for freshmen to get single rooms, though not terribly large ones.) Post Tagged #East Campus
Wednesday, June 24, 2020
5 Tips for Finding the Perfect Tutor
Finding a good tutor to help you study for the ACT (or even an upcoming math test) can be an invaluable step towards academic success. Today our friends at Noodle are here to offer tips for finding the right tutor for you. These days, it doesnââ¬â¢t matter whether youââ¬â¢re in grade school, high school, college or even graduate school, the competition is fierce. When it comes to simply staying on top of schoolwork or even progressing ahead of the curve, enlisting a tutor may just be the best option for you. But how do you pick? Who do you hire? Where do you even begin? To answer some of the toughest questions, here are five tips for tracking down your perfect tutor. 1. Research, research, research Once you decide that a tutor is right for you, the next step should be finding a firm or individual with a strong reputation. The tutor you pick should have at least three years of experience (bonus points if they specialize in the subject area you need help in). Additionally, TutorHub says, ââ¬Å"Ideally they should have a demonstrable track record and can produce references on request.â⬠2. Know your goals. Before getting started with a new tutor, you first need to self-reflect on what you specifically want to accomplish. Agreeing to a set of achievable goals with your tutor from the start keeps everyone on the same page and reduces the chances for confrontation in the future (if you feel your goals arenââ¬â¢t being met). Not sure what objectives you have? If youââ¬â¢re applying to graduate school, your goal might be passing a required exam. If youââ¬â¢re learning a new language, attempt to reach conversational level. Whatever your goal is, just make sure itââ¬â¢s tailored to your specific needs and abilitiesââ¬âand communicated with your tutor from the start. 3. Donââ¬â¢t commit prematurely. Once you think youââ¬â¢ve found the right tutor for you, donââ¬â¢t sign on the dotted line too soon. Before committing to anything, have a practice round with an introduction lesson or two. After all, you canââ¬â¢t fully evaluate how a tutorââ¬â¢s communication and teaching ability will work for you, until you actually experience them in action. 4. Consider a peer tutor. Especially for high school and college students, sometimes having someone your own age explain a difficult concept just ââ¬Å"clicksâ⬠better. Reinforcing key subject material with someone whoââ¬â¢s already had the same professor or aced the class freshmen year can offer sage wisdom that an older person canââ¬â¢t. According to an article on Parents.com, Resa Fogel Ph.D., a child psychologist, says that some students are also, ââ¬Å"â⬠¦more comfortable working with a peer. Simply having someone to study with can be beneficial.â⬠5. Never settle. This is perhaps the most important tip of all. When it comes to something as important as your education, donââ¬â¢t feel pressured to compromise on working with a tutor who leaves something to be desired. If you donââ¬â¢t click with somebodyââ¬â¢s communication or teaching style right away, donââ¬â¢t give up on the process. The perfect tutor for you is out there! Sometimes it just takes a little trial and error (and patience). Emily Grier is a senior in the Masterââ¬â¢s of Accounting Program at Penn State University. She previously served as Managing Editor for VALLEY magazine, Penn States life and style magazine, and was a 2011 USA Today Collegiate Correspondent.
Friday, May 22, 2020
Communications, The Mechanistic Perspective - 2947 Words
Communication -- - the process of transmitting and receiving ideas, information, and messages. The rapid transmission of information over long distances and ready access to information have become conspicuous and important features of human society, especially in the past 150 years. The encyclopedia definition of communication encompasses the ideas of exchanging a variety of messages with others. This is important to remember when looking at communications within an organization. The whole process of communications within organizations is very complex and is certainly one of the major factors in determining whether an organization will succeed or not. The following paper deals with the different types, influences and improvementsâ⬠¦show more contentâ⬠¦The point is to utilize the best transmission method in order to minimize the decoding difficulty for the receiver. Non-verbal cues are those expressions of emotions and attitudes toward another person and in regulating the interaction between people. The text organizes the cues into seven categories and includes good examples, including: environment, proximity, posture, gestures, facial expressions, eye behavior and vocalics. One area missing within communications chapter was what the person is wearing, but was included in chapter 6, perception and performance evaluations. Many books advocate dressing for success. Some examples include shopping, salesperson and the office. If you are going to shop at flea markets, dressing down is a good way to start the bargaining process. A car salesperson should dress to show that he is successful, but not ostentatious. In my profession, I dress towards the client based on whether suit and tie or casual are the choice for the clients organization. This non-verbal cue can aid in preparing the initial psychological base for the remainder of the conversation and ensure that it does not detract from the conversation while it is ongoing. Influences on Communication Physical and personal factors influence communications. Organizational design influences physical factors, which deals with layout of the office, networks for communications, and the mediaShow MoreRelatedOrganizational Culture and Structure1134 Words à |à 5 Pagesa constant relationship between organizational structure and organizational culture that provides a theme within an organization. Both can be difficult to clearly define and distinguish when analyzing an organization. Organization culture is a perspective into the companyââ¬â¢s personality; it provides descriptive values, principals, traditions, and a way of doing things that effect how members view the organization (Robbins, DeCenzo, Coulter, 2013). The organizational structure builds the foundationRead MoreManagement Approaches and Organizational Perspective1729 Words à |à 7 PagesManagement Approaches and Organizational Perspective Introduction: Management, in all business areas and human organizational activities, is the process of getting people together to accomplish desired goals and objectives. There are four major schools management thoughts, i.e., the four main management approaches, namely, classical management approach, behavior management approach, quantitative management approach and modern management approach. These four management approaches might be used inRead MoreEffective Organizational Communication1155 Words à |à 5 Pagesï » ¿ Rising to the challenge of communication Human Resource, HR leadership professionals is realize is necessary to retain quality talent and increase productivity of the workforce. When information flows freely to key players of the firm the consequence is sound well trained nimble teams. These are the teams that regularly contributor to organizational learning, by presenting ideas, and assisting in finding solutions that save time and money. Remarkably in todays world of talented professionalsRead MoreReflection On My Personality, Values, Attitudes, Motivation, Decision Making Capabilities And Other Factors1718 Words à |à 7 Pagesas a communicator, I need to do better. Communication is ââ¬Å"defined as the process of exchanging significant symbols (Fenn Head, 1965).â⬠Even though for being an attentive listener and my face-to-face approach ranged in the average scores, which is not acceptable for a manager. ââ¬Å"If leaders donââ¬â¢t provide a clear rationale for decisions, employees can feel confusion, fear, and resentment for polices and decisions which donââ¬â¢t make sense from their perspective (Fischer, 2012).â⬠A manager needs to beRead MoreThe Success of Learning Organisations Is Predicated on Particular Internal Organisational Relationships and Particular Relationships Between the Organisation and Its Environment. Discuss.1144 Words à |à 5 Pageswill not be possible. This level of trust is developed through the communities of practice. These communities are formed when groups of people share idea and knowledge that allow them to develop new practices as they learn together. Open two-way communication is encouraged; this will create a climate for learning where learning is facilitated both mentally, by encouraging experimentation and allow mistakes. Open-planned physical space is desired, because this will help to create an environment whichRead MoreThe School Of Public And Environmental Affairs1568 Words à |à 7 Pageshave created a plan that will solve the communication problems within SPEA while simultaneously enhancing the structure and culture of the organization. The School of Public and Environmental Affairs currently operates as a mechanistic, or bureaucratic, organization. This means that our organization is primarily hierarchical and consists of vertical communication practices (book). The highest authority is located at the top of the organization and communication flows down through the middle and lowerRead MoreBasic Challenges of Organizational Design1434 Words à |à 6 Pages1. 2. 3. Balancing differentiation and integration Horizontal differentiation limits communication between subunits and prevents them from learning from one another. Members develop subunit orientation - tendency to view ones Role in the organization strictly from the perspective of time frame, goals and interpersonal orientation of oneââ¬â¢s subunit. When different function see things differently, communication and co-ordination becomes difficult. Organizations try to find a new or better ways toRead MoreOrganizational Structure Of A Traditional Organization Essay1091 Words à |à 5 Pagesvalues and principles from a mechanistic frame. Demands may be placed on owner/ manager to obtain and process information to run business Owners generally are not skilled in all specialties Accounting Engineering Production Marketing Found where there is a single or closely related product or service, high production volume, and some vertical integration Advantages: Enhanced coordination and control Centralized decision making Enhanced organizational-level perspective More efficient use of managerialRead MoreAnalyzing The Distinctive Sorts Of Management Structures1714 Words à |à 7 PagesWork organisation partitions the work into feasible tasks, and chooses individuals to fulfil the tasks that need to be carried out. Motivation makes a team out of his employees, through choices and pay, situation, advancement, and through his communication with the group. Drucker likewise alluded to this as the ââ¬Ëintegratingââ¬â¢ function of the manager. Measuring performance creates proper targets and bench marks, and analyses, assess and decipher performance. Developing people has more significanceRead MoreCharacteristics Of An Organization As A Mechanical Image1740 Words à |à 7 Pagesorganism. Each image is unique, but there are some similarities and many differences between the two. In order to understand each image meaningfully, the two images will be introduced, explained, compared, and contrasted in this paper. A personal perspective follows this, outlining which image would be chosen if only one image were available as the single way to structure an organization. The Mechanical Image The theory of an organization as a mechanical image supports the idea that organizations should
Monday, May 18, 2020
Cerca and Other Related Spanish Words Indicating Closeness
The words and phrase cerca, cercano, and cerca de are commonly used in Spanish to indicate proximity or closeness in location, time, number, or degree. Common translations include by, near, about, nearby, and close to. Using Cerca De The most common of these is cerca de, which functions as a preposition. The prepositional phrases formed using cerca de can function as several parts of speech, particularly nouns, adjectives, and adverbs. Cerca de 12 millones de personas serà ¡n vacunadas contra la fiebre amarilla. (About 12 million people will be vaccinated against yellow fever. The first six words of the Spanish sentence function as a noun and form the subject.)Hay muchos hoteles cerca de Disney World. (There are many hotels by Disney World. The final four words form an adjectival phrase describing hoteles.)Vamos a necesitar cerca de 200 voluntarios. (We are going to need about 200 volunteers. The final four words function as a noun and form the object of necesitar.)Comemos cerca de ocho veces al dà a. (We eat about eight times per day. The words following comemos function as an adverb to explain comemos.)Quiero estar cerca de ti siempre. (I want to always be close to you.)Los activistas dicen que Cataluà ±a està ¡ cerca de la abolicià ³n de la tauromaquia. (The activists say Catalonia is close to bringing an end to bullfighting.)Despliega Colombia 22 batallones cerca del là mite con Venezuela. (Colombia is deploying 22 battalions near the border with Venezuela.)Hay una buena probabilidad de que veamos una estabilizacià ³n de los precios cerca de febrero o marzo. (Theres a good chance well see a stabilization of prices around February or March.) Using Cerca as an Adverb Cerca by itself (without being followed by de) functions as an adverb. Note that estar, one of the verbs meaning to be, is typically modified by an adverb rather than an adjective as to be usually is in English. So estar cerca is used to say that something is near as in the first two examples. El fin del mundo està ¡ cerca. (The end of the world is near.)El triunfo està ¡ cerca. (Victory is near.)Hay cuatro tranvà as que pasan cerca. (There are four streetcars that pass nearby.)Tan cerca y a la misma vez tan lejos. (So close, and yet so far away.)El asteroide pasarà ¡ tan cerca que podremos verlo. (The asteroid will pass so close well be able to see it.) Using Cercano as an Adjective The adjective form is cercano. As an adjective, it must agree with the noun it refers to in number and gender. In contrast, the adverb cerca doesnt change form depending on the words around it. Tenemos una casa cercana al aeropuerto. (We have a house near the airport.)Descubre tus cinco amigos mà ¡s cercanos en Facebook. (Find your five closest friends on Facebook.)El futuro (aà ºn no cercano) està ¡ en la computacià ³n molecular. The future (but not the near future) is in molecular computing.Los padres deben inscribir a sus hijos en la escuela mà ¡s cercana a su domicilio. (Parents should enroll their children in the school nearest to their home.) Other Words Related to Cerca A few related words have other meanings: The verb cercar typically means to surround or to enclose: Los estudiantes cercaron las oficinas. (The students surrounded the offices.)The verb acercar usually means to get close to or to approach. Las nià ±as acercaron la rampa de acceso. (The girls approached the access ramp.)The noun la cerca typically refers to a fence or wall. El concepto de la cerca electrificada fue descrita por primera vez por Mark Twain. (The concept of an electric fence was described for the first time by Mark Twain.)The phrase acerca de usually means about in the sense of concerning: Hablaban acerca de nosotros. (They were talking about us.) Etymology of Cerca and Related Words The words related to cerca come from the Latin verb circà re, which meant to go around. The most closely related word in English is circa, a Latin-derived term used in formal writing to indicate that that a number or time period is an approximation. English words more distantly related include circum- words such as circumference and circumnavigate, which are circunferencia and circunnavigar in Spanish, respectively. Key Takeaways Cerca de is used as a preposition to form phrases that can function as nouns, adjectives, or adverbs.Cerca is used with estar and other verbs as an adverb.Cercano is used as an adjective that must agree with the noun it modifies.
Thursday, May 7, 2020
Essay on Persuasive Speech Outline - 733 Words
Speech 2 Outline ââ¬â Lacy Thompson Topic: why you should exercise Audience Analysis: since most of my audiences are students with a job, I will focus on how exercise can boost your energy, and mental health to get more accomplished in school. General Purpose: To persuade Specific Purpose: To persuade my audience to exercise. Thesis: Itââ¬â¢s hard being a student and working at the same time, and find energy for both. I will show you why starting an exercise program can boost your energy and your mental health. INTRODUCTION I. Do you find yourself not having as much energy during the week as you used to when you were in high school? (Gain Attention) a. Do you find that you get irritable more often? II. I am a currentâ⬠¦show more contentâ⬠¦(Pathos) B. Need an emotional lift? Or need to blow off some steam after a stressful day? According to a 2006 research paper published by University of Texas at Austin, a workout at the gym or a brisk 30-minute walk can help.(Logos) Physical activity stimulates various brain chemicals that may leave you feeling happier and more relaxed. You may also feel better about your appearance and yourself when you exercise regularly, which can boost your confidence and improve your self-esteem. III. Exercise boosts Energy A. Winded by grocery shopping or household chores? Regular physical activity can improve your muscle strength and boost your endurance. B. Exercise and physical activity deliver oxygen and nutrients to your tissues and help your cardiovascular system work more efficiently. a. And when your heart and lungs work more efficiently, you have more energy to go about your daily chores. CONCLUSION I. The bottom line is why not start today? (Cue) II. We should all get more exercise (reiterate topic and purpose) a. Exercise and physical activity are a great way to feel better, gain health benefits and have more energy (summarize main points) b. As a general goal, aim for at least 30 minutes of physical activity every day. III. So are you ready to begin an exercise progam? (challenge the audience) IV. You can take up a dance class with your spouse, or take your family hiking on the weekend, or try a new sport likeShow MoreRelatedPersuasive Speech : Persuasive Outline2149 Words à |à 9 PagesDyadic Persuasive Comprehensive Outline General Purpose: To persuade Specific Purpose: To persuade my audience how to be more successful as a college student. I. Introduction A. Attention Getter: How many of you have said that there are too many options? Whether you are talking about choosing a college, class selection once you get to college, or even something as simple as choosing what to eat for dinner tonight. If you made a choice on what career field you will enter after college, you come toRead MorePersuasive Speech Outline1309 Words à |à 6 PagesPersuasive Speech Outline (Using Monroeââ¬â¢s Motivated Sequence) Topic: Voting in Election Specific Purpose: To persuade the audience to vote in democratic elections to voice out their opinions and beliefs regardless of their background, to decide for their future, and to preserve the essence of democracy. Attention: * Provide a vivid description of people struggling to fight for their voting rights in certain countries. * Share relevant facts /statistics of how a small number of votesRead MorePersuasive Speech Outline1028 Words à |à 5 PagesPERSUASIVE SPEECH OUTLINE TOPIC: WHY YOU SHOULD GIVE UP SMOKING PROPOSITION: Give up smoking and you will save yourself and the others around you and live in a healthy environment. SPECIFIC OBJECTIVES/PURPOSES: I want to persuade my audience on how harmful smoking does to the body and giving up the habit is the right way to do because it will literally save their lives and the people around them and the environment as well. SPEECH PLAN ATTENTION STEP: Opening statement: Smokingâ⬠¦Read MorePersuasive Speech : Speech Outline819 Words à |à 4 PagesElmer Lombana Jr. Dr. Shane Gunderson SPC 2608 November 6, 2015 Persuasive Speech Outline General Purpose: To persuade Specific Purpose: To persuade my audience to contact Florida Department of Education to incorporate Personal Finance courses in high schools. Thesis: Instead of teaching children in schools non-vital skills like sewing and baking, Personal Finance should be taught in Home Economics or as a curriculum during a summer semester if not fulfilled with aforementioned elective. I. TheRead MorePersuasive Speech Outline994 Words à |à 4 Pages10/31/12 Persuasive Speech Outline I. ADG- It is not a myth why people call fast food disgusting. On a Friday night during my graveyard shift at McDonaldââ¬â¢s a drunken customer passed by the Drive-Thru around 2:30a.m.While my coworker was taking his order the customer decided to cuss and call her really offensive names because she couldnââ¬â¢t get his order right. She got mad and decided to spit in the customers Sweet Tea, she was immediately fired when another coworker told the manager. Since I startedRead MorePersuasive Speech Outline2793 Words à |à 12 PagesSamples of Persuasive speech Outline SAMPLE 1 From the time we wake up in the morning to the moment we lay are head down at night, we are constantly making choices. Some take a conscious effort, some should, and some do not. Have you ever taken the time to really stop and think if youââ¬â¢re giving the correct amount of attention to the right choice? Iââ¬â¢m here today to ask you to be more conscious of what you eat. Iââ¬â¢m going to discuss health reasons, effect of food advertisements, reading foodRead MorePersuasive Speech Outline1169 Words à |à 5 PagesTitle:à Whatââ¬â¢s In Your Glass? Topic: The Opposition of Artificial Intelligence Method of organization:à Refutative Specific Purpose:à My specific purpose of this speech is to encourage those who oppose artificial intelligence to see the good that can be done with this technology. Thesis:à In this presentation I hope to explain the opposition that artificial intelligence faces, show examples of successful uses of AI, and challenge those opposed to this technology to consider a change ofRead MorePersuasive Speech Outline1649 Words à |à 7 PagesComm 110 Informative Outline Template (remember that a presentation aid must be used within the body of this speech.) Please label these parts as you create your outline: I. Introduction a. College is an integral time period for many people ââ¬â college is a time for freedom, receiving an education, and learning what it means to survive on little to no food for long periods of time. Or at least thatââ¬â¢s what itââ¬â¢s been like for me. Food is arguably one of the most important things to a collegeRead MorePersuasive Speech Outline1232 Words à |à 5 PagesI. Attention A. Attention Grabber: In this moment in time, the United States has only 5 percent of the world s population, but holds 25 percent of the world s prisoners, this is costing the country approximately $80 billion dollars per year. B. Tie to Audience: From your point of view, you might think that keeping all the law violators behind bars is a positive thing because it enhances public safety, but you should take a look on how incarcerating people impacts families and the nationââ¬â¢s economyRead MorePersuasive Speech Outline On Immunizations1004 Words à |à 5 PagesPersuasive Speech Outline Immunizations Specific Purpose: The specific purpose of my topic is to persuade my audience that immunizations are important and actually do more good than harm. Thesis: Immunizations are one of the most important medical advances in history. They have severely reduced the effects of dozens of viral infections and everyone should consider getting immunized. Introduction: Take a good look. These are the effects of just some of dozens of infectious diseases we are dealing
Wednesday, May 6, 2020
Astronomy Unsw - Phys 1160 Module 3 Answers - 1818 Words
School of Physics Faculty of Science Moodle Home Announcements User Guides i PHYS1160-à Introduction to Astronomy T1 2014 You are logged in as Henry Cai (Logout) My courses UNSWA -à University of New South Wales SCI -à Faculty of Science PHYS -à School of Physics Module 3 (Weeks 5-à 6) ââ¬â Life on Earth and in the Solar System PHYS1160-à 5144_01311 Module 3 Quiz Quiz navigation 1 2 3 4 5 6 7 8 9 10 11 Started on State Completed on Time taken Grade Question 1 Correct Mark 5.00 out of 5.00 Flag question Saturday, 19 April 2014, 4:38 PM Finished Saturday, 19 April 2014, 5:30 PM 51 mins 31 secs 100.00 out of a maximum of 100.00 12 13 14 15 16â⬠¦show more contentâ⬠¦Question 9 Correct Mark 5.00 out of 5.00 Flag question Microscopic organisms known as cyanobacteria are interesting for the following reasons: [SELECT ALL THAT APPLY] Select one or more: A. Oxygen produced by their photosynthesis is thought to be responsible for the great oxygenation event about 2.3 billion years ago. B. The methane they produce is a greenhouse gas that could have helped warm the early Earth, helping to resolve the Early-à faint-à Sun paradox. C. The chloroplasts that carry out photosynthesis in green plants are evolutionary descendents of early cyanobacteria. D. They are known to be the earliest forms of life on Earth. Check Correct Marks for this submission: 5.00/5.00. Question 10 Correct Mark 5.00 out of 5.00 Flag question Evidence for life on early Earth (e.g. in the Pre Cambrian) has proved difficult to find because: SELECT ALL THAT APPLY Select one or more: A. rocks from these early times are rare due to the recycling of the Earths crust through plate tectonics B. there was no oxygen in the Earths atmosphere at this time C. life at this time lacked hard parts (such as shells or bones) that fossilise easily D. life had not yet emerged onto land E. life at this time was mostly microbial Check Correct Marks for this
Employment Law and Employee Relations Assignment Free Essays
string(131) " the employer is required to have acted reasonably and following a suitable disciplinary process would be a key component of this\." Introduction Employment relations between employers and employees are managed by several different sources. There are a variety of statutory provisions which govern the acceptability of certain behaviours by either party. Key legislative provisions that will be referred to throughout this case study include the Employment Rights Act 1996 (ERA) and the Equality Act (2010) EqA, amongst others. We will write a custom essay sample on Employment Law and Employee Relations Assignment or any similar topic only for you Order Now Each of the three situations here will be looked at individuals although it is noted that each of the three people in question are employees and there is no need to consider the tests of whether or not the individuals are self-employed or employed for the purposes of statutory protection (although this was not as clear with Sally, see below for analysis). Each employee has also been issued with a contract which is presumed to be compliant with the minimum statutory requirements. Each scenario will be looked at in turn. Jim The discussions associated with Jim and his recent civil partnership indicate that there is a prima facie argument being presented by Jim that he is being discriminated against by virtue of his sexual orientation. Jim has argued that he has been given a less favourable shift pattern and that this is due to his sexual orientation and his statement that he is likely to be seeking to take time off to raise a child in the near future. He has also indicated that he has been subject to abuse from a colleague by virtue of his sexual orientation. Jim is now off work ill and has suggested that he may wish to resign. The danger from the Council point of view is that Jim resigns and states that he was constructively unfairly dismissed by virtue of his treatment due to sexual orientation. Although he has only been employed for a period of 18 months and this would typically mean that he had not have the appropriate qualifying period for unfair dismissal. However in accordance with section 19 of EqA there is no qualifying period and this therefore presents a danger to the Council. In order to potentially argue this, Jim would have to show that he had suffered from discrimination, harassment or victimisation in the work place as a direct result of his sexual orientation. In accordance with the EqA 2010 direct discrimination, indirect discrimination, harassment and victimisation are all outlawed. Jim is seemingly arguing that he is being directly discriminated against as he is being given worse shifts than his counterparts who are heterosexual. In order to prove this there would need to be a comparator so that he could show that he has been treated comparatively worse than his counterpart, the comparator having circumstances that are not materially different to Jim (Shamoon, 2003). Therefore in this case it would be necessary to look at the treatment of someone who is in all ways similar to Jim with the exception of sexual orientation. The facts as indicated here are not sufficiently clear to show whether or not on balance Jim has been treated any differently than other colleagues with the revised shift patterns. There is also an additional concern faced by Malcolm in that in the case of Martin (2006). In this case it was held that the investigation of the grievance process was in itself discriminatory as the manager had failed to give the complainant the necessary time and a ttention, instead dismissing his grievance as petty. Malcolmââ¬â¢s response to Jimââ¬â¢s verbal statement is therefore a concern and although a formal grievance has not been raised the matter needs to be treated with greater concern in order to investigate the complaint fully. In relation to the investigation of victimisation and harassment, the full process needs to be followed in order to comply with the requirement of the EqA to protect Jim. Section 26 of the EqA deals with the conduct that has the effect of being discriminatory by virtue of victimisation and harassment. Again the full facts have not been ascertained as yet and although Jim feels the emails are coming from a colleague this would need to be investigated fully. The crucial aspect of this scenario however is to deal with the grievance in an appropriate manner. Malcolmââ¬â¢s previous brushing aside of Jim could in itself create allegations of discrimination and this needs to be rectified as a matter of urgency. A failure to do so could result in Jim bringing a claim for constructive, unfair dismissal with the possibly of the tribunal awarding compensation for injury to feelings. This is aimed at being compensatory and not punitive but nonetheless presents a real danger to the Council (Corus, 2005). Frank This scenario deals with an employee that is known for several misdemeanours over the two years of his employment, most notably going out during the week and weekend and attending work in a manner that is seen to be unacceptable. His latest error as a result of this activity has resulted in a potential substantial loss to the Council. There is no indication that his action with the transcription error happened when he was doing anything outside of his authority within work. It is also noted that he is paid a minimum wage or ?5.13 at 19 years of age which does not indicate that he is an apprentice. That said being 19 and recognised to have substantial weaknesses in his performance which do not seem to have been picked up previously places the Council in a weaker position. Despite this, it is evident that his error has caused a substantial loss and as such it is reasonable for the Council to look towards a disciplinary. The principles of fairness when conducting a disciplinary are contained in the ACAS Code of Practice on Disciplinary and Grievance Produces (2012) as well as the non-statutory guide that is also created by ACAS. More formally, S98 of ERA states that in order for an individual to be dismissed the employer is required to have acted reasonably and following a suitable disciplinary process would be a key component of this. You read "Employment Law and Employee Relations Assignment" in category "Essay examples" In the event that the process is not followed and Frank then claims unfair dismissal the failure to follow the process could result in an uplift of any award by 25% (Section 207 of Trade Union and Labour Relations (Consolidation) Act 1992). Firstly it is necessary for the employer to consider whether formal action is necessary. It is not clear whether previous misdemeanours or poor performance has been dealt with formally or informally and this should be looked at as a matter of priority. However for the purposes of this advice it is suggested that these have not been dealt with formally in any way. Where a discussion is to be recorded formally on the record of an employee, as is likely to be the case her section 11 of the Employment Relations Act 1999 will become relevant and the statutory right to be accompanied needs to be taken into account. It was confirmed in the case of Sarkar (2010) that where the disciplinary could result in dismissal it is not acceptable to use an informal process. The potential loss here is substantial and therefore it is possible that the Council could be looking at gross misconduct. Frank has the qualifying period of 2 years service and could therefore potentially claim unfair dismissal making it vital that the processes are followed correctly. The employer needs to act promptly as if it fails to indicate the severity of the situation to the employee there is a danger that it would be seen to have affirmed the contract and accepted the employees repudiatory breach (Cook, 2009). A full investigation is necessary which will then potentially lead to the disciplinary procedure. The position of the employer should however be reserved for the duration of the investigation. During the investigatory meeting and the disciplinary meeting (if there is one subsequent) the employee has the right to be accompanied. The level of investigation necessary is dependent on the severity of the accusation (A, 2003). Where an employee is at a serious risk of long term impact for example being dismissed and receiving a professional detriment a much more thorough investigation is required. Based on this and the underlying need to act reasonably Frank should be suspended in order for the investigation to take place. He should be informed of his rights and obligations during the period and also how long he is likely to be suspended for. As the conduct is sufficiently severe that it could result in dismissal this is a crucial step and the investigations should be very thorough. There are concerns that the Council has been aware of performance issues and has not yet dealt with the matter. Furthermore it would seem unreasonable that a junior individual was able to make such a costly error and this will have to be born in mind when determining the severity of the disciplinary process to be followed. Sally Sallyââ¬â¢s contractual status is questioned initially as she is currently working various hours with a weekend on call every month. Sally has been located at the Council office for 3 years with a set desk and specific hours. This level of control is considered to be sufficient to comply with the definition of employee as per section 230 of the ERA 1996. This is a matter of fact and law and it is suggested that as she was required to personally preform the contract and the Council had a high level of control she would be deemed to be an employee (Carmichael, 2000). Based on this it would be the case that Sally is entitled to the statutory minimum holiday which is 20 days (excluding 8 bank holiday days). Sally has requested a change to her current working hours which is dealt with a flexible working request and secondly she is likely to be interviewed alongside others for the full time vacancies which have now arisen, should she wish to apply and would not want to be discriminated against by virtue of her caring role for her terminally ill mother. Since June 2014, employees with at least 6 monthsââ¬â¢ continuous service have been able to apply for flexible working for any reason. The employer is then under a duty to deal with the request in a reasonable manner and be fair in the way that they treat the application (Duncan, 2012). Crucially, in accordance with section 13 of the EqA it is possible for an employer to be directly discriminating against an individual who is treated less favourably due to the disability of an associated person (Coleman 2008). This situation is potentially difficult for the Council to manage and there is at least some argument that Sally is not in fact an employee. On balance however this is not a valid argument given the prescriptiveness of the hours of work and the physical base in the council as well as the personal nature of the services provided. The Council would therefore be required to provide paid holiday and to provide Sally with her contract of employment. Furthermore any requests for flexible working would need to be dealt with fairly and when looking to fill full time roles, Sharon would have to ensure that she did not discriminate against Sally as this could result in disability discrimination despite the fact that the disability is not suffered by her directly. Conclusions In summary, Jim should be offered a full and diligence grievance procedure to prevent him resigning and later claiming constructive unfair dismissal by virtue of sexual orientation discrimination. Frank should be dealt with formally through the use of the disciplinary procedure with a full investigation and if necessary a disciplinary that conforms with statutory requirements. Sally is, on balance, an employee and needs to be managed with due care to the disability discrimination rules and the need to be fair and reasonable when considering any flexible working requests. References ACAS (2012) Disciplinary and Grievance Procedures Available at: http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf A v B [2003] IRLR 405 Carmichael v National Power plc [2000] IRLR 43, Coleman v Attridge Law and another [2008] ICR 1128 Cook v MSHK Limited and another [2009] EWCA Civ 624, Corus Hotels plc v Woodward and another UKEAT/0536/05, Duncan, N (2012) Employment Law in Practice, City Law School (London, England, Oxford University Press) p.216 Employment Relations Act 1999 Employment Rights Act 1996 Equality Act (2010) Martin v Parkam Foods Ltd ET/1800241/06 Sarkar v West London Mental Health NHS Trust [2010] IRLR 508 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337 (HL) Trade Union and Labour Relations (Consolidation) Act 1992 How to cite Employment Law and Employee Relations Assignment, Essay examples
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