Legal clinical choice Essay Example for Free

Legal clinical choice Essay The case of Harriton v Stephens tackled the controversial wrongful life actions. It sought to finally pass upon the validity of the said action under Australian law. Such actions are controversial and complex due to the questions of law and public policy surrounding it. The determination of the issue is of great importance, especially now, because of the recent developments such as abortion becoming a legal clinical choice if it was made to avoid chronic disabilities due to in utero related deceases. This paper will seek to provide an analysis of the finding of the High Court: namely, the majority’s proposition that wrongful life actions can not prosper because the victim could not demonstrate that he or she had suffered any harm capable of being understood or assessed by the court as well as Kirby’s proposition that denying the existence of wrongful life actions erects an immunity around health care providers whose negligence results in a child who would not otherwise have existed, being born into a life of suffering. Section 2. Facts Alexia Harriton was born â€Å"profoundly, incurably and tragically disabled†. The disability was due to her exposure to the rubella virus before she was born. Olga Harriton, the mother of the appellant, called Dr. Max Stephens, a general practitioner, to treat her for an illness. She informed him that she was concerned because she was getting rashes and fever, two symptoms of the rubella virus. She further informed the doctor that this was a problem because she believed herself to be pregnant. Under the advice of the doctor, Mrs. Harriton underwent blood testing to determine if she had the rubella virus and to check if she was indeed pregnant. Upon the release of the results, she contacted Dr. Paul Stephens, the son and partner of Dr. Max Stephens, to present the results of the blood testing. He concluded that she was pregnant but was not suffering from the rubella virus. However, it would seem that Mrs. Harrington was misdiagnosed by Dr. Paul Stephens. As a result, Alexia was born suffering from mental retardation, blindness, deafness and spasticity, all of which are effects of the exposure to the rubella virus. Alexia filed a wrongful life action against Dr. Stephens under the claim that had he been diligent in his duty as a doctor, he would have correctly diagnosed Mrs. Harriton who would, as a result of the information about the effects of the virus to the child and the option to undergo abortion, have aborted the fetus avoiding the wrongful birth of Alexia. The case was dismissed in the Supreme Court of New South Wales and the Court of Appeal, before it was brought to the High Court of Australia, which ultimately dismissed the appeal. Six judges ruled in favor of the respondent. Kirby J was the lone dissenter. Section 3. Analysis A. Duty of Care The question of whether or not Dr. Stephens owed Alexia a duty of care by providing Mrs. Harriton with advice, which would ultimately lead to her being aborted is the principal issue in this case. It is the opinion of the majority that there is an inextricable link between the existence of a duty of care and the existence of a legally cognizable damage suffered by the plaintiff in such a way that if the latter is absent, the former can not exist. The majority’s reason for this proposition is that damage is the gist of an action for negligence. The existence of a duty of care presupposes that damages would result to the offended party as a result of the negligence of the party owing the duty of care. The lone dissenter, Kirby J, on the other hand, did not believe that damage to the plaintiff should be proved in order to establish the existence of a duty to care. Contrary to the opinion of the majority, he did not believe that there was a legal relationship between the two concepts. His Honour was content to conclude that the case fell within the established duty of care that a doctor owes to a foetus to avoid causing it prenatal injury. Analyzing both approaches, it can be observed that damage is an issue that looms largely in the ratio of the majority as compared to the ratio of Kirby J’s opinion. As a result, the absence of proof of injury according to the â€Å"well-settled and well understood principles† of tort law was the main reason why the action failed.

International Marketing Essay -- Cosmetics Make-up Business Essays

International Marketing The Cosmetics Industry Estee Lauder vs. Shiseido Cosmetics Introduction  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The cosmetics business is a billion dollar industry. Every year, women are responsible for consuming millions of cosmetic products. The cosmetics industry is so large because of several factors. The media is a huge contributor to the intense pressure to look a certain way. The idea that â€Å"sex sells† is evident in gossip magazines, movies, advertisements, music, and more subtly- in the business world. People first notice what race someone is, how beautiful or ugly they are and what clothes they are wearing. Beauty is skin deep; however, first impressions are usually what others use to base their personal judgments. In the business world, people are expected to dress appropriately and carry themselves appropriately. Studies reveal that better looking people on average earn more than their peers. Obese applicants are discriminated against because of their larger appearance. Sadly, how one dresses and appears is often the determinant of the amount of respec t one receives.   Ã‚  Ã‚  Ã‚  Ã‚  Cosmetics can pessimistically be seen as a group of products which feeds on either people’s insecurities or egos. Optimistically, cosmetics can be a product which helps us bring our best face forward. The desire to look beautiful, young, and sexy does not only apply to women, but men as well. Cosmetic companies are highly competitive with one another. To remain competitive, companies feel the pressure to come out with innovative products. In the past few years, cosmetic companies are expanding their product lines to include products for men.   Ã‚  Ã‚  Ã‚  Ã‚  In addition to music, beauty is also the universal language. The popularity of cosmetics in China is growing with the economy. The government’s change towards a more market-based economy has opened flood gates of opportunities for its people and foreign companies. Cosmetic companies in the industry have seen an overall growth. Personal Experience   Ã‚  Ã‚  Ã‚  Ã‚  My travels in China resulted in an increased awareness of the similarities and differences that I have from mainland Chinese women. In my observations, I can confidently say that most women in China do not wear makeup on a daily basis compared to women from America. I believe this has to do with cultural differences and economic differences. In America, having sex a... ...emographics and current cultural trends. If Shiseido or Estee Lauder wishes to expand their men’s product line in China, they should set up a few kiosks in the larger cities. Price   Ã‚  Ã‚  Ã‚  Ã‚  Estee Lauder and Shiseido’s pricing are about the same as one another. Shiseido creates value by understanding their customers and offering a high quality product at a deserving price. Shiseido keeps their customers in mind and aims to create products that fit their needs. The factors which affect the final prices of the product are the raw material costs, research and development expenses, distribution fees, and any tariffs charged during international trade.   Ã‚  Ã‚  Ã‚  Ã‚  At the current prices, it is not yet affordable for the most Chinese women or men to buy cosmetics from Shiseido or Estee Lauder. Americans on average are in more of a position to afford these cosmetics. However, there is much anticipation and expectation for businesses to grow with China’s expanding economy. Works Cited Estee Lauder Corporation. Esteelauder.com. 29 Jun. 2005 . MarketResearch.Com. 1 Jul. 2005. â€Å"Cosmetics & Toiletries in China: A Market Analysis.† . Shiseido Corporation. Shiseido USA. 29 Jun. 2005 .

Manage Operational Plan Essay

1. The Types of Matters in a Human Resource Plan Human resources is directly related to the performance of the organisation identifying and planning for training can be linked to many corporate processes performance as the underlying basis of many organisational and human resources programs. 1.1 Some matters of the human resource and their solutions 1.1.1 Human resource issues in counsel and the possible solution Counselling is definitely one service that can help to manage themselves manager should be trained in same basic counselling skills a counsellor can in sever age core capacities of employees. It can help employees increase their self-awareness regarding their thinking patterns and behavioural tendencies. 1.1.2 Human resource issues in employment management and the possible solution The sources of training need provide a diversity and complexity of training requirements to be at practice level you should be managing coordinating the training necessary to satisfy all the needs all the personnel in training should be skilled. 1.1.3 Human resource issues in Administration and the possible solution Recruitment is another traditional area high quality candidate’s should be attracted to the positions the person and position requirements should clearly established. A variety of selection methods appropriate to the situat ion should be used like entrance tests an interview. 1.1.4 Human resource issues in training and the possible solution Administration is function of human resource management is to be provide the employees with the capability to manage healthcare, record,  keeping, promotion, benefits etc. the function in terms of employes benefit is to create management system to achieve long term goals plans it requires the exercise of analytic ability and application of substantial knowledge of principals. 2. Job Description of Human Resource Plan Duties and Responsibilities; * Recruiting and staffing logistics * Performance management and improvement tracking system * Record keeping * Assisting with employees relationship * Employee safety and so many- prepare sales action plans and schedules assist, develop and maintain sales and promotional materials make sales calls to new and existing clients assist, develop and make presentations of company products and services to current and potential clients negotiate with clients maintain sales activity records and reports ensure customer service satisfaction and good client relationships follow up on sales activity assist, conduct market research and surveys Skills and Abilities; Excellent computer skills including word and excel Effective oral and written communications skills knowledge of employment laws good interpersonal skills skills in database management Be ready and able to work within a team. Have a polite, helpful manner Education bachelor degree Experience 1 or 2 years of general business 3. Preparing a Job Advertisement A job advertisement should be contained various information these can include; Job title Wage Working area, place Working hours Skills, knowledge and attitude we needed Qualifications and experience we needed Contact name and number of someone who is from our Human Resource Department. 3.1 Job Advertisement for tycoon Company Tycoon Trading Company Sales Department; Salary: $ 55.000 annual Working hours: 9:00 am-5:00 pm (Monday to Friday) Our company is located in western suburb close to city and all public transport. As a small business company we are looking for an intellectual, a creative, qualified and at least two years sales experienced person who must use all office programs professionally especially MS Excel, provide good communication with customers and also must assist to someone else about one of our new product in our company. A person who can enjoy challenges and working towards targets has ability to exceed customers expectation Contact no. 02345678(aren) 4. Detail the Cost of Hiring an Employee Cost of detail of our office person contains; Employee background screening Advertising Relocation pay Time for interviewing Travel expenses Training costs Taxation and wages Human resources paperwork about employee Survey and monitoring processes’ cost for employee Job offer calls by phone or job offer letter by mail Employee back ground investigation and make phone calls to its former company 5. Selection Criteria and interview Questions 5.1 Selection criteria from the sales position Understanding of the role Qualities and Quantities research skills Communication and negotiation skills Organisation and Planning Confidence and presentation skills Decision making 5.2 Interview Questions 1. Tell me who are the main stakeholders in our business and describe the task of job that you understand? 2. How can use the qualities and quantities research skills in this position? Can you give me an example about these skills which you have used before in former job? 3. How will you build good relationships with your team members? 4. How will you satisfy dissatisfied customers? 5. Tell me what is your daily schedule position in job? 6. Now I want you to try to sell me something. Try to convince me to buy this coffee to drink. 7. Which advertising methods do you use to present a new product to create an attract attention for our customers. 8. Can you give me a specific example of an occasion when you took on extra responsibility or showed initiative in improving an aspect of work? 9. Describe the most challenging problem that you have had to solve, and what you took into account. 6. Reference Checking It is a process of authenticating the information supplied to potential employer by a job applicant in his resume, application and interviews it ensure the employer that the candidate has background and experience as he claims it includes and takes usually 20 or 30 minutes to complete. It is a control process provides past information of employee and asks questions two or three people who directly managed the candidate about employees’ skill and knowledge for requested position, relationship with other team members it includes verification of academic credentials ,verification of prior employment, testing to confirm skill, criminal background check To make a reference checking about regarding person will be good in term of employer. For this reason the human resource department of tycoon International Trading Company prepares some questions to make a reference checking on former jobs and positions of regarding person on the its ex-companies. Our reference checking questions are generally consisting of; When did related person work for your company? Could you confirm starting and ending employment dates? When did s/he leave the company? Why did related person leave the company? What was her/his starting and ending salary? What was her/his position? Can you describe the job responsibilities? Did person supervise other employees? How effectively? If I spoke to those employees, how do you think they would describe person’s management style? How did person handle conflict? How about pressure? Stress ? Did you evaluate person’s performance? Can you speak to his/her strong and weak points? What was person’s biggest accomplishment while working for your company? If I describe the position we are hiring for what, could you describe how good a fit you think person would be for the position? Can you describe this person’s experience working as a member of a team? Is there anything I haven’t asked that you would like to share with me? 7. Preparing a Job Offer Date 03/08/2011 Tina Odett and 1/48 Ambrie Crt.Noble Park 3174 Melbourne/Australia Dear Mrs raj It is my pleasure to extend the following offer of employment to you on behalf of tycoon trading company the offer is contingent upon your passing of requirements. The position we are offering is that of Sales Assistant at a salary of $55,000 per year This position reports to Mrs Lela who is a supervisor. Your working hours will be from 08:30 am to 05:30 pm on normal workdays. This is a permanent position. Benefits Information if relevant to the position: Working hours 9:00 to 5:00pm Position – permanent Salary- paid fortnight Bonus- on satisfaction completion of first 90 days of employment Vacation – _2_ weeks per annum Probation Period – from 15/08/2011 to 15/11/2011 Employee Benefits Include: – Group Insurance – Short/Long Term Disability – Dental Care – Health care Your employment with tycoon trading company is at will and either party can terminate the relationship at any time with or without cause and notice if you are in agreement with the above outline please sign. We are confident you will be able to make a significant contribution to the success of our Sales Department and look forward to working with you. Signature †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Date†¦Ã¢â‚¬ ¦.. For company manager name†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Date†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Human resources†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Date†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. I accept the offer as outlined above this 8 day of August,2011. Tina Odett 8. Mentoring and Coaching Program for the New Staff Member A mentor helps employee’s development and also provides some advices on  career path. On the other hand a coach observes employee’s work and actions, and provides related teaching skills. A coach can come from same division in a work place for example from company’s personnel or manager. As a manager, I can also be a coach for my new and current employees. And as a coach, I can give my time and attention to my employees and I can help them master their work and grow their own knowledge and skills. Also, I can ensure them extend their learning capabilities and improve their self-development. On the other hand, for the role of the mentor I can provide my new employees to reach their highest potential in the business. I can arrange for them individual or organizational group mentoring programs. 9. Three months’ probation review It is a 3 month period from the date of commencement of employment whether the employer assesses suitability of employee for the role and employee has an opportunity to determine if the role meets their needs. Probation period has been formed as 3 months in our Human Resources Plan to provide a review and recording about newly hired personnel. Review will be made to the Human Resources Department end of the each month during the three months. First two months will contain initial reviews, and last month will be taken final reviews for employees. Employee assessment Company name Employee name Identification Date/period Position 9.1 Records of Review Importing point in a review report is that it gives healthy and true decisions about newly chosen personnel and provides much strangest workforce for the organisation in the future. Following things should be recorded Attendance Punctuality Appearance dress code Attitude-positive, cooperative Work quality Workplace-care of company equipment Team work skills 10. Monitoring and Review of a Human Resource Plan Human resources plan provide a framework for a company for that as a Human resource manager of the related company I can follow company’s missions and daily operations by regarding plan and also I can understand what priorities I need to know as I guide the employees to help the company succeed as well I can be sure whether all staffing needs are met or not. According to the topic, firstly I have to thing about new product in the organization and sales staff that has also employed newly. For example as a human resource manager I arranged a staff training program for related person and also I chose another person who will be responsible for monitoring system. By this responsible person I will follow all performance and capabilities of new staff and also I will be reported about the all situations among the training such as staff training has been completed by a certain date or not. After this training process I can manage a survey which indicates the results of customer satisfa ction and therefore I can make a review about my resources plan which has achieved to present new product by my new training staff or not. PART B According to case study, Sports Gear that is a medium size company will need to increase its production for the Australian Team in the World Cup within 6 weeks which needs to be more than the current level in order to meet the expected demand. 1. Expenses for the new operational plan To increase productivity we need following things, More stafff for night shift More machinery. Time schedule should be extended to 24hrs and 5 days a week for next 6 weeks. Organize extra arrangements for catering and refreshments for the working staff. 2 extra supervisors for night shifts. Ordering extra raw material. Extra room for storage and vehicles for distribution. All of the above will lead to increase the company’s current expenses. For that Sports Gear need to extend their company’s budget. For example, company need to provide more wages for more staff and extra supervisors, more usage for more electrical expenses, more budget for extra order for raw material, more requirement of fuel oil for distribution during the 6 weeks, etc. 2. Monitor performance of the staff to increase productivity Garry can monitor his staff performance by:- Establishing cctv cameras and recording and viewing all the staff members while working. Setting daily targets for each supervisor and each staff. Staff attendance records. Amount of waste production for each staff which shows they are doing their responsibility in right way or not. 3. Budget of the company and its use Budget is a list of all planned expenses and revenues. It is a plan for saving, borrowing and spending. A reasonable budget allow you to do what you want it helps to be business in right direction The company uses the budget because it provides:- Planning, Set expectations, Consideration, and Guidance Control finances Help to achieve target Helps to prevent loss. 4. Documentation used for developing a business budget Budgeting is the basis for developing supportable financial plans. The documents developed by the company as a result of these instructions are a normal part of the annual budget effort. provide a consistent basis for business planning and budget reviews, facilitate any necessary budget adjustments, provide transparency and a clear audit trail, support rate case filings, assist external reporting with their communication to the investment community, and Keeping the record of budget and getting it checked by the senior personnel.

What cost reduction measures would you implement and why

Under tough business environment, your low cost carrier (LCC) is in financial difficulty. As the CEO of this LCC, you however believe that if the airline manages to control the cost, your airline can survive. You therefore decide to reduce the operating expanse including the labour cost but you would avoid lay-offs. What cost reduction measures would you implement and why? In airline industry, the cost can break to two parts: fixed cost and variable cost. And there is very hard to cutting off of the fixed cost which is including the cost of fuel, landing fees, insurance, etc. because these costs are necessary. If we have to control the operating cost, I suggest that we should control the labour cost first.†¦show more content†¦Therefore we decide to cut the dental medicare for reduce the cost. The next method also about allowance, reduce the long haul allowance. Now, our airline’s long tip allowance is 2500 Hong Kong dollars per day and we provide the single bed hotel room to each worker. And we had some feedback in reduce the allowance that workers are not anti to this policy. Therefore, we decide to reduce the allowance to 1000-1200 HK$ per day and to booking double or triple bed hotel room for the long haul crew. The staff, we believed, understood the rough patch our company was experiencing. We have the confidence that they would support the second to the fourth method. Because in one of the feedback, there is a summed it up very well: ‘We are all in the same boat.’ What we’re trying to do now is to keep the boat afloat while sailing through the storm.† Then is to slow down the promotion. In our airline, we expense around $500000-600000 in promotion each year. When we promoted a staff, we should pay more about $20000 to him per year. If we slow down the promotion, it would save about $350000-400000 pre year. For coordinate this method, we also can provide the early retire and the long term no payment holiday. The last but not least is the voluntary administration. We can reference to the British Airways (BA). In June 2009, BA management asked employees to volunteer for a range of cost-cutting working arrangements with the aim of helping the company to weather theShow MoreRelatedAssessment Of A Performance Evaluation1235 Words   |  5 Pagesefforts, it would be hard to make objective decisions regarding continuance, variation, or cancellation of CRM programs. (Parvatiyar Sheth, 2001). Most businesses are defining their metrics in some combination of three areas: cost savings, revenue enhancements and customer value improvements. (Stevens, 2017). 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