Tuesday, May 26, 2020

Directors duties - Free Essay Example

Sample details Pages: 10 Words: 3123 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Duty Essay Did you like this example? Question Recently gautam limited liability convened an annual general meeting in which five directors were elected. The board of directors had several meetings and they decided, interalia, to purchase 150 acres of land by using the company money. The directors thereinafter sold the land at high price and kept 10% of profit for themselves. Dom, one of the directors entered into agreement with several companies without informing the Board of Directors. Later Dom incorporated a new company with similar object clause and started to compete with Gautam Berhad. In an annual general meeting the minority shareholders raised the abuse of directors and excess profit made. The majority shareholders objected 1) Discuss the fiduciary responsibility of directors 2) Based on the facts to what extend the directors are unable (cases or section) 3) Discuss the right of minority shareholders 4) Based on the facts advise minority shareholder (use your own words) Answers 3) The right of minority shareholders are I. Rights Under The Memorandum And Articles Of Association. The Memorandum and Articles of Association (à ¢Ã¢â€š ¬Ã…“MAà ¢Ã¢â€š ¬Ã‚ ) of a corporation are the statutory papers of a corporation. The MA are significant papers as they set out and normalize among other belongings the stuffs of the corporation and the method in which the corporation to be coped. The MA take result in rule as a agreement between not only the stockholders and the corporation, but between each individual stockholder and every other. Generally, a pretentious individual stockholder may carry an act in court to inhibit any suggested gap of the MA. In suitable cases, the court may also set aside deeds done in gap of the MA. However, where a third party is intricate, the courts may be less equipped to set aside the deal unless the third bash recognizes or perhaps should to have recognized of the gap. To further ensconce privileges under the MA, the law delivers that the MA can only be edited by a special purpose, that is to say a purpose conceded by a mainstream of not less than three-fourths of the stockholders elective either in person or by proxy at the overall conference of the corporation. The MA is therefore an significant starting fact for a stockholder who may feel pained. A stockholder is eligible at rule to a replica of the MA, and on demand, the corporation is compulsory to send a replica of the MA to the stockholder. The stockholder is, however compulsory to create imbursement of $5.00 or such lesser amount as is immovable by the directors. II. The Right To Information As the saying goes, knowledge is supremacy. This is no dissimilar in the case of the minority stockholder, who frequently by cause of not being intricate in the day to day administration of the corporation, will not own thorough info on the relationships of the corporation. The law strikes an equilibrium from necessitating too mu ch exposÃÆ' © (which may be excessively onerous and affect the capability to uphold a gradation of certainty that may be desirable to the administration of a business), and the neediness of stockholders not in administration to be informed. The following are some of the causes of info on a corporation. The records referred to in sub-paragraphs i), ii), iii) and iv) below may be examined by a stockholder without safekeeping, and replicas may be obtained by imbursement of a minimal safekeeping. The register of stockholders. This register which is normally reserved at the listed office of the corporation would deliver info as to the titles and addresses of the stockholders and their stockholdings. The register of managements, office assistant, directors and accountants. This register which is kept at the listed office of the corporation would comprise definite arranged info on the own details of these peoples and of their arrangements. Unconnectedly there is a register of m anagerà ¢Ã¢â€š ¬Ã¢â€ž ¢s stockholdings reserved at the listed workplace that would among other things show a managerà ¢Ã¢â€š ¬Ã¢â€ž ¢s stockholding in the corporation or in a related company, and whether any manager has privileges or possibilities to get or dispose of stocks in the corporation or a related company. The register of considerable stockholders. This register which is reserved at the listed workplace of the corporation would deliver info on peoples interested in not less than 5% of the elective stocks in the corporation and the magnitude of their curiosity. i) The register of debenture owners and the register of accusations. These registers are commonly reserved at the listed office. A debenture is normally a paper which makes or admits an obligation. The register of debenture owners would offer details of debenture owners to whom the corporation has published debentures (other than debentures movable by distribution) and the sum of debentures apprehended by them . The register of accusations would deliver info associating to most shape of safety granted by a corporation to protect debts of the corporation. The miniature paperback of overall conferences. The miniature paperback is reserved at the listed office or chief site of industry of the corporation. A stockholder may examine without accusation the miniature paperwork which are compulsory to be reserved or minutes of all overall conferences of the corporation. The accounted profit and loss financial records of the corporation, the accountantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ report and the managersà ¢Ã¢â€š ¬Ã¢â€ž ¢ report. These reports are compulsory to be conveyed to stockholders not less than 14 days before the overall conferences of the corporation at which the financial records are to be presented. These papers deliver beneficial info associating to the monetary relationships of the corporation. i)The Registry of Companies. The Registry upholds a record of papers wedged with the registe r office. Replicas of papers comprising much of the info characterized above may be purchased from the Register office. III. The Right To Attend, Vote And Call General Meetings Of The Company A stockholder has a correct to be present any overall conference of the corporation. A stockholder is also eligible to tell at the conference. Overall conferences of corporations are significant events for minority stockholders, especially of big corporations, as it is an event to encounter and enquire queries of the administration. Further, stockholders of a corporation (other than those holding non-voting option stocks) are eligible to ballot on any resolve. With one exemption, such privileges may not be debarred by the MA of the corporation. The exemption is that the law countenances a corporation to deliver in its Articles for postponement of such privileges where appeals or other amounts billed by a stockholder in admiration of his or her stocks have not been remunerated. Apart from the Yearly Overall Conference, Remarkable Overall Conference (à ¢Ã¢â€š ¬Ã…“EGMà ¢Ã¢â€š ¬Ã‚ ) of a corporation may be termed. Two or more stockholders holding not less than 10% of the topics allotment wealth of the corporation, or such lesser quantity as is delivered in the Articles, may call for an EGM. Further, a resolve may be put onward for elective at a overall conference if a requisition is made in script by (i) stockholders holding not less than 5% of the elective privileges, or (ii) not less than 100 stockholders holding stocks in the corporation on which there has been remunerated up an mediocre amount, per stockholder, of not less than $500.00. The prerequisite of a 10% shareholding, 5% elective privileges or 100 stockholders may not continuously be effortless to encounter in a case of minority stockholders in a corporation having many stockholders, such as definite big corporations. Thus, there may be a need to tug together capitals, and governments such as t he SIAS would no uncertainty be in a location in suitable cases to aid enable such labors. D. The Overall Correct To Be Cured Justly à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Constitutional Medicine Under Section 216 Of The Companies Act Section 216 of the Companies Act exemplifies the overall correct of a stockholder, in precise a minority stockholder, to be cured justly. Cases in court allocating with the piece display that while the courts identify the privileges of the mainstream, where there has been a noticeable leaving from the values of just play likely on the part of the mainstream of those in administration, the courts may intrude to deliver a medication. Under the piece, a stockholder may apply to court for help where: the relationships of the corporation are being piloted or the supremacies of the managements are being exercised in a mode tyrannical to one or more stockholders or in disrespect of his or their welfares as stockholders; or some action of the corporation has been finished or is endangered or that some resolve of the stockholders, or any tutorial of them has been voted for or is else biased to one or more of the stockholders (including the stockholder creating the request). Under the first ground, the relationships of the corporation would be piloted in a tyrannical mode where there is a noticeable leaving from the values of just allocating and a defilement of the situations of just drama that a stockholder is eligible to professional. A case of ignoring the curiosity of a stockholder will be formed out where those in rheostat of the corporation in spite of being conscious of the welfares of the minority create an intentional conclusion to overrule or broom it to the side. Under the second ground, a case may be formed out where there are prejudiced actions which cannot be vindicated with allusion to the curiosity of the corporation and which operate unethically. On the other hand, a case may be delivered on the ground of biased preco nception, and in this esteem there are a great quantity on examples where a case of biased preconception may be formed out. Case law signifies that the magistrates are more eager to create a discovery of biased preconception where the demeanor protested of is not in accordance with the articles or some other prerequisite of law. Exceptionally, demeanor that is lawful may, in definite restricted situations, be unfairly prejudicial. This is, however, the exemption rather than the law. The exemption ascends in conditions where the articles do not mirror the sympathetic upon which the stockholders were related. In this esteem, if there are legitimate expectations on the part of the shareholder which have been breached, the court may intrude and deliver a medication. In overall, however, stockholders (chiefly of big corporations having many stockholders) have no extra legal anticipation out there that discussed on them by the constitution of the corporation. If the case is made out under section 216, the court has extensive supremacies to medication or put an end to the substances protested of. For example, the court may instant or forbid any action or revoke or differ any deal or resolve. The court may also create instructions to normalize the demeanor of the corporation in the upcoming. In suitable cases, the court may empower civic minutes to be delivered in the title of the corporation against people against whom the corporation has entitlements. The wide-ranging extensiveness of the supremacies of the court go so fast as to countenance the court to gale up or clear up the corporation if such is essential to medication or end the substances protested of. The penalties of zigzagging up a corporation are further dealt with in Part E of this article. IV. The Remedy Of Winding Up The Company The courts may, among other grounds, wind up a corporation on a request by a stockholder where: The managers have acted in the relationships of the corporation i n their own welfares rather than in the welfares of the stockholders as a whole, or in any other mode whatever which seems to be biased or unfair to other stockholders. It is just and unbiased to do so. The courts have formed unblemished that it is mistaken to frontier the conditions in which a case for zigzagging up on the fair and reasonable ground may be formed out. The courts, however, frequently do necessitate some adequately staid crime, indecorous demeanor or gap of some sympathetic or legal anticipation on the part of a stockholder. Cases have also revealed that the medication is not only obtainable in cases where some gap or contravention of some lawful privileges is intricate, such as a gap of the MA, but also gaps of some legal anticipation on the part of a stockholder that may not be instituted on the lawful correct. For example, in small and nearly dash corporations, the courts have on event granted the medication where a stockholderà ¢Ã¢â€š ¬Ã¢â€ž ¢s legal anticipa tion to partake in administration was trespassed. It should, however, be cited that the greater the corporation and its quantity of stockholders the more problematic it would be in the conditions of the case to found a legal anticipation. This is because with a big stockholder base, it is more likely that stockholders would normalize their events by mention to more official and lawful preparations such as the MA rather than unofficial and understood preparations and anticipations. Zigzagging up is a radical medication in that it puts into operation a procedure which would lead to the end of the corporation. Except for a petite retro after a zigzagging up instruction is formed, the corporation would no longer be able to do industry and stages would be taken to gale down the corporation. Examinations into the relationships of the corporations including the actions of managements and constables of the corporation may be tackled in the procedure of zigzagging up. Thus, in suitable cases, the medication of zigzagging up is an influential medication, though frequently of latter report, obtainable to stockholders. V. The Right To Sue On Behalf Of A Company There may be events where an incorrect is done to a corporation, but the mainstream or those in rheostat of the corporation agree to take no act in admiration of the crime. Since the incorrect is to the corporation, the entitlement has to be brought by the corporation and a minority stockholder will normally have to bear by the decision of the mainstream or those in rheostat. This is a normal aspect of mainstream law. However, where the action protested of is out there the stuffs of the corporation as set out in the memo of the corporation, any stockholder may prosecute to have the deal reticent. This is because the mainstream has no correct to necessitate the corporation to do something out there its things. Further, exceptionally the courts in the welfares of fairness would, put on overall rule, allow such a entitlement to be carried by the minority, specially where there has been an misuse of supremacy. A mutual example where the minority has been permitted to carry or uphold the act is where the mainstream of those in rheostat have muffled legal privileges being carried against themselves. This correct at overall rule is complemented by section 216A of the Companies Act which sets out a process to countenance a stockholder to put on to court in suitable cases to countenance an act by the corporation to ensue. The process under section 216A is, however, not obtainable in admiration of corporations registered on the Singapore Interchange. However, there is nil to prevent a privilege being carried under overall rule in the case of registered corporations. 4) Based on the facts I would like to advise minority shareholder on: Our customer in a publishing corporation for over 10 years having been one of the founders of the industry. Our customer was also a manager and worker of the corporation and had slowly condensed her employed hours in training for superannuation. When the stockholders of the corporation were impended by a big cosmopolitan watching to obtain the industry, our customer enquired us to counsel her as a minority stockholder on the auction of her stockholding and in precise the levy insinuations. We had originally counseled our customer in joining with a stockholdersà ¢Ã¢â€š ¬Ã¢â€ž ¢ contract (useful checklist for stockholder contracts here) and new articles of connotation when a third bash saver combined the corporation as a stockholder several years ago. Our counsel at that phase was that our customer should make sure that her stockholding was not diluted to less than 5%, that her stocks convey elective privileges and that she continue a manager and/or worker of the corporation to make sure that she does not endanger her capability to acquire businesspersonsà ¢Ã¢â€š ¬Ã¢â€ž ¢ release on a auction. We also counseled on the c orporation reform which intricate adjustments to the portion wealth to cater for dissimilar lessons of stocks. Our customer was conscious that the articles of connotation included slog alongside privileges that could potency her to vend her stocks at the equal value as the other stockholders however she was also ardent to make sure that her privileges were sheltered as entirely as likely in the auction documentation (including the portion acquisition contract). In adding, our customer desired to make sure that the deal was systematized in the most levy well-organized method likely from her viewpoint. She grips at least 5% of the normal portion wealth of the aim corporation designating her to 5% of the elective privileges. She is a constable or worker of the aim corporation (or one of the corporations in the collection) The location concerning the earn out deliberation be eligible for businesspersonsà ¢Ã¢â€š ¬Ã¢â€ž ¢ release was more intricate, especially given the one year ho lding prerequisite. We thus bargained with the purchaser than the deliberation should be organized in such a mode as to empower our customer to advantage from businesspersonsà ¢Ã¢â€š ¬Ã¢â€ž ¢ release in admiration of the earn out deliberation as well as the early deliberation. The portion acquisition contract enclosed a quantity of guarantees and insurances however as our customer was only a minority stockholder in the corporation we bargained with the purchaser that she would not be obligatory to provide the guarantees and insurances on a combined and numerous foundation with the other venders and her accountability would be partial to the all-out sum of deliberation she was getting under the portion acquisition contract. We revised the guarantees and exposÃÆ' © note with our customer to make sure that she was contented with the guarantees that were being given and the exposÃÆ' ©s that had been formed. We also counseled our customer on limiting agreements which the purchaser compulsory in the portion acquisition contract. As our customer was owing to be retiring and had no intention of setting up a contending industry she was contented with the limitations suggested by the purchaser. Our customer was pleased when the deal finished and has since referred us to home participants and contacts for counsel on corporation rule and recruitment rule topics. References: https://sias.org.sg/index.php?option=com_contentview=articleid=268Itemid=102lang=en# https://www.gannons.co.uk/expertise/case-studies/tax-law-case-studies/advising-a-minority-shareholder-on-sale/ Don’t waste time! Our writers will create an original "Directors duties" essay for you Create order

Tuesday, May 19, 2020

Open House at Private Schools

If youre applying to a private school, you might notice that many of them offer something called an open house. What is it and why should you attend? In the most simple terms, a private school open house is a chance for you to visit the school. Some schools have a block of time where prospective families can come and go, meet the admissions team, and take a quick tour, while others offer full programs that require families to register in advance and arrive by a specific time. Open houses may have limited space, so if its not clear whether registration is required, its always a good idea to check with the admissions office to be sure.   Exactly what happens at an open house can vary from school to school, but typically you can expect to hear from the Head of School and/or the Director of Admission, as well as one or more of the following things during an open house.   A Campus Tour Nearly every private school open house will have an opportunity for prospective families to tour the campus. You might not be able to see the entire  campus, especially if the school is set on hundreds of acres, but youll likely get to see the main academic buildings, the dining hall, library, the student center (if the school has one), arts facilities, gymnasium, and select athletics facilities, as well as a School Store. Often these are led by students, giving you a chance to ask questions about life from a students perspective.  If youre attending an open house at a boarding school, you might also get to see a dorm room or at least the inside of the dormitory and the common areas. If you have a special request for a tour, you will want to call the admission office in advance to see if they can accommodate you or if youll need to schedule a separate appointment.   Panel Discussions and Question Answer Session Many private schools will host panel discussions where students, faculty, alumni and/or current parents will talk about their time at the school and answer questions from the audience. These discussions are a great way to get a general overview of life at the school and help you learn more. Usually, there will be limited time for questions and answers, so if your question doesnt get asked and answered, just ask to follow up with an admission representative later on.   Class Visits Attending a private school means going to class, so many schools will offer students and their parents to attend class so you can get an idea of what the classroom experience is like. You may not be able to attend the class of your choice, but attending any class, even if its conducted in another language, will give you an idea of the student-teacher dynamic, style of learning, and if youll feel comfortable in class. Some schools will offer students the opportunity to shadow current students for an entire day, giving you the full experience, while others only provide the opportunity for visitors to attend one or two classes.   Lunch Food is an important part of a school, as youre going to each lunch here every day and if youre a boarding student, breakfast, and dinner, too. Many private school open houses include lunch so you can try the food and see what the dining hall is like.   Club Fair Schools will sometimes offer a club fair, where prospective students and families can learn about after-school sports, activities, clubs, and other things that happen on campus as part of student life. Each club or activity may have a table where you can ask questions and meet students who share the same interests as you.   Interview Some schools will offer a chance for prospective students to interview during the open house event, while others will require a second personal visit to conduct these. If youre not sure if interviews are possible or if youre traveling from a distance and want an interview while youre there, ask if its possible to schedule one before or after the event.   Overnight Visit This option is less common  and is only found at select boarding schools, but occasionally prospective students are invited to spend the night in the dorm. These overnight visits are arranged in advance  and are not available if you just show up at an open house unexpectedly. Parents will typically find lodging in town or nearby, while students stay with a host student. Visitors are expected to participate in whatever activities happen at night, including study halls, so be sure to bring a book to read or homework. Lights out rules are also expected to be followed, as are restrictions for when you are allowed to leave the dorm at night and in the morning. If youre doing an overnight, you may wish to bring your own shower shoes, towel, and toiletries, in addition to a change of clothes for the next day. Ask if you need to bring a sleeping bag and pillow, too.   A common misconception about open house events is that attending means youre absolutely going to apply. Usually, its quite the opposite. These massive gatherings of prospective families are designed to introduce you to the school and help you decide if you truly want to learn more and complete the application process.

Friday, May 15, 2020

Communism as a Form of Government - Free Essay Example

Sample details Pages: 2 Words: 594 Downloads: 5 Date added: 2019/07/29 Category Politics Essay Level High school Tags: Communism Essay Did you like this example? In this paper I will be explaining the type of government called Communism. Communism has several different interpretations. I will explain the basics of Communism. I will also explain some of the complex areas of it. I will explain how it was formed and where it is put into practice. Karl Marx was German. He was an economist, philosopher, sociologist, and socialist revolutionary. He is the father and know for introducing communism to Germany. He introduced the writing called the Communist Manifesto. He introduced it to Germany in 1848. Don’t waste time! Our writers will create an original "Communism as a Form of Government" essay for you Create order The Communist Manifesto that Marx wrote was kind of like a set of rules saying what you could and could not do. There are four sections in the Communist Manifesto. The preamble, Bourgeois and Proletarians, Proletarians and Communists, Socialist and Communist Literature. Through these four sections you get the laws for Communism. It is practiced in several countries including China, North Korea, Vietnam, Loas and Cuba. One early way it was started was with religion. Some believe that Christians practiced a form of Communism, with having no worldly possessions. Karl Marxs goal of Communism was to get rid of all private property. He believed through Communism that no one should own anything and belong to the government. He was trying to produce a classless society in which there was no rank and all people worked for nothing but only to support the government. In a sense that would be the perfect type of government for a country to have. Communism wasnt introduced until the 1840s. It comes from the Latin word communis, which means to share or common opinion. The works of a government that may be considered communist appeared about the time of the 4th century. The governing class of leaders works to serving the concerns of the entire country. Private ownership of things would encourage selfishness on the owners of the products. The people must live as one large family that shares ownership on everything, not only of material goods but also of spouses and children. One issue that came from the communist government was the creation of the black market as a response to having no free market. The black market was created as an underground trade system in which citizens could buy and trade things illegally. In a comparison, a free market is an economic system where prices are determined by the competition between privately owned businesses. In a communist government, only the leaders of the government can decide these factors. The trading in the black market has led to a community of crimes such as smuggling, bribery, and stealing. The government of Communism has several different ways of electing officials to be in charge. The most common way is self appointed through politics. The second most common way is through force. Vladimir in Russia and Mao Zedong in China were both forced into the position by the citizens of their own country. A concern for Communism was that information wasnt really getting between government leaders and the citizens of the country. Some of the issues were, limiting outside media, closely watching educational programs, and making threats and intimidation tactics as a way to regulate peoples everyday lifestyles. Lastly, the communist government is typically ruled by one person that is either self-appointed or came to power from political revolutions. Karl Marx created a government that would encourage a proud sense of nationalism that would encourage the common good. Today, communism is an economic system that has changed more into a political system that has little similarities to Marxs original ideas for Communism.

Wednesday, May 6, 2020

An Internship At Gucci As A Product Assistant - 1249 Words

3. Terms Of Reference: This report is written by Alex Brits, a Recruitment Consultant at Elite Recruitment Ltd, for Sam Komares, Head of Recruitment at Elite Recruitment Ltd. The objective is to report on the suitability of the candidate for an internship at Gucci as a product assistant. For that, Alex Brits will use the Belbin profile and the CV. In the report, Alex Brits will suggest some recommendations that will help the candidate to improve their weaknesses in order to have the best opportunity to get the internship. The report is due for October the 23rd of 2015. 4. Procedure: I used secondary research about the Kering group. I chose these resources because they are reliable and because i can find many useful information. 5. Findings 5.1 Company Information Gucci is a brand which was founded in 1921 in Florence. Distinguished for its quality and  « savoir-faire  » in fabrication of products such as leather goods, ready-to-wear, watches and jewelry or shoes, it is one of the biggest luxury brands in the world. Today, the brand is also appreciated for its ongoing commitment to responsibly and integrity of all aspects of its business. Gucci was the first acquisition of Kering in the luxury sector. Kering, French company founded in 1963 by Franà §ois Pinault is one of the biggest global leader in the clothing sector and accessories for the Sport and Luxury and also lifestyle markets. This company is a set of 22 brands such as Gucci, BottegaShow MoreRelatedConsumer Lifestyle in Singapore35714 Words   |  143 PagesCare Salons, Spas, Nail and Beauty Parlours ..................................................... 30 Chart 11 Chart 12 Value Sales of Beauty and Personal Care Key Categories 2006-2011 ...... 31 Regional Ranking of Per Capita Sales of Mens Grooming Products 2011 ........................................................................................................... 31 Fashion Habits .................................................................................................................

How Weber s Six Principles Provide Institutions With Many...

Weber’s six principles provide institutions with several benefits. Firstly, bureaucratic organizations are efficient. Companies or institutions that are large must have specific processes that allow smooth operation because they deal with large volumes of information, products, services and people. General Motors, governmental bodies, and large schools and universities need a bureaucratic structure to handle their complex systems. Colleges and universities provide for large amounts of students and personnel as such there are a great number of courses, faculties and student services in operation. The interplay between departments, faculties, administrators, trustees, students and shareholders are of paramount importance. For these relationships to function, the bureaucratic structure must be rational. The organizational operation should follow a logical pattern and this is consistent in every university or large corporation. Bureaucracy delivers opportunities. Those who work for bureaucratic organizations have a plethora of career advancements and work opportunities especially in international companies. Hitachi, Japan offers workers the opportunity to work in Asia and North America where they have several branches of their organizations. Similarly, the University of the West Indies-Jamaica has campuses in Trinidad and Tobago and Barbados that facilitates students studying in the Caribbean. Opportunities for teaching and promotions are multiple as larger, bureaucraticallyShow MoreRelatedTheories of Organizational Behavior10512 Words   |  43 PagesRevisiting the Classical theories Introduction Organization indexes considerably more than the structures that lifts us out of ‘bare life’. Organization is also intimately, and utterly, connected to thought. 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While the merits and benefits of such action have the potential toRead MoreEthical Issues Faced By The Local Workers Essay1829 Words   |  8 Pagesyears and is continuing to do so. Hence, there are many large and developed multinational corporations that have outbranched their lower skilled work to less developed countries where labour standards are low, and in addition, where the local workforce are often employed under exploitative working conditions. The key problems currently are managing the evolving ethical problems faced by the local workers. The major issues facing corporations is how to approach and manage the ethical problems in a

Diploma for Children and Young Peoples workforce free essay sample

Understand how duty of care contributes to safe practice. 1. 1 Explain what it means to have a duty of care in own work role. This means being responsible for the wellbeing of young people in our care. To show due care and attention to minimise the possibility of harm, watching out for any potential hazards, and preventing accidents. To put the wellbeing of the young person at the centre of everything we do. To meet the universal standard s that apply to all settings ( Staying safe, being healthy, enjoying and achieving, making a positive contribution and achieving economic well being). Explain how duty of care contributes to the safeguarding or protection of individuals. Duty of care contributes to the safeguarding/protection of individuals by preventing and protecting abuse, weather this be in a physical, sexual or emotional harmful ways. To make sure all children stay safe, health and continue to develop well. We will write a custom essay sample on Diploma for Children and Young Peoples workforce or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Help keep respect and dignity preserved. Promote the welfare of children. Know how to address conflicts or dilemmas that may arise between an individual’s rights and the duty of care. Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights. An individual refuses their medication. Remind them of why they take the medication and its benefits and again advise them of the risks involved in not taking their medication. If they still refuse ensure this is noted on their Medication administration record and reported in their communication notes and discussed at handover, so others aware if a problem occurs. If the individual insists on doing something which is unsafe or risky that is their choice and you must respect their right, but you have a duty of care and must do all you can to keep them safe and individual’s rights. Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care. Carry out a risk assessment to ensure that it is managed as safely as possible. You would need to explain the risks involved to the individual and make sure they understand. You could come to a compromise, to see how they managed, then monitor the situation. All this should be documented including any risk assessment carried out. If the individual still insists you should get them to sign to say they are aware of the risks involved. Explain where to get additional support and advice about conflict and dilemmas. Colleagues and Management Local authorities/regulators Health Services Charities and voluntary organisations 3. Know how to respond to complaints 3. 1 Describe how to respond to complaints. listening to the complaint giving the complainant time and respect recording the information reporting to a senior member of staff accessing the Complaints Policy ensuring the complainant has access to the Complaints Policy ensuring the complainant knows what will happen next. Explain the main points of agreed procedures for handling complaints. the Complaints policy is a recorded and documented procedure that is available the complainant is listened to and respected the Complaints Policy is time-based and the complaint is dealt with in a documented time-frame. complaints are normally dealt with by nominated members of staff the procedure is clear Concentrate on the facts by giving the exact nature of the problem Be tactful – abstain making personal comments Recommend a possible and practical solution Be ready and prepared to compromise if possible

Tuesday, May 5, 2020

Police Discretion When should the law be enforced free essay sample

Every single member of the police establishment is tasked to uphold and enforce the law (National Criminal Justice Reference Service). A large number of these people can be generally regarded as ethical and moral individuals (Austin Peay State University). But sadly, all of them are also burdened with the dipping confidence given them by the public and even lower trust ratings (Austin). Is this the result for the low regard for the ethics as practised by the police? Police officers and officials are expected by the public to conduct themselves in the highest levels of behavior (Tag Gleason, 2006). This task wrests on the concept that the police are the guardians of the law, empowered to apply such force as necessary to enforce the laws and withdraw the rights of individuals in conflict with the law as can be legally proven (Gleason, 2006). Along with the task of enforcing and upholding the law, there are powers given to the police that no one else can encumber themselves with in the performance of their duties. Among these powers that the public has entrusted in the police is the power to take the life of a person if need be and to apprehend erring individuals (Seumas Miller, John Blackler, and Andrew Alexandra, 2006). Police Discretion: A definition Before we discuss what police discretion is, let us seek to define the term discretion and the scope that the term encompasses. The term â€Å"discretion† can be defined as the authority to make policy and practice decisions (The World I, 2004). These powers, broad and all- encompassing as they may seem, must be seen as discretionary in a way (Miller, Blackler Alexandra, 2006). The qualification of the instance of the use of discretion on the part of the law enforcer must take into consideration several factors, inclusive of the type of offense committed and the possibility that the suspect will not hold himself accountable if summoned by the police (Miller, Blackler Alexandra, 2006). The instance for the need for police discretion by members of the law enforcement establishment displays the station of the police officer as a professional (John Kleinig, 1996). But in the area of police work, there is still a great amount of befuddlement about the need for the police to exercise this power of discretion and the need to restrain this power (Kleinig, 1996). This area of discretion, lest we forget to mention, also carries with it a choice of what laws are to be enforced and the method of application of these laws (World, 2004). Thus it can be said that the power of the police to exercise discretions will have a profound effect on the individuals that they come across with (World, 2004). The necessity of the policy of police discretion must be framed in that the full application of the laws and the large area of the coverage of the laws will create an unreasonable burden on the manpower capabilities of the police establishment (National). But even if these powers were to be exercised, they would still have to be subject to limitations and qualifications (Kleinig, 1996). Discretion must be considered as an important component of the duties of a public servant (Billy Thompson, 1999). The manner by which that discretion must be researched for a period of time as to manner-whether the orientation is a â€Å"service†, â€Å"watchman†, or a â€Å" legalistic†, or to the personality of the officer; an idealist, optimist , realist or enforcer type (Austin). Police Discretion: Shirking off responsibilities? But it must be accepted that a full and unequivocal enforcement of all statutes is considered to be impossible (Austin). The premise for the exercise of such power is that one individual has to be set free, in spite of the offense (Austin). There are sometimes factors, legal or â€Å"extralegal†, that determine whether the individual will be set free (Austin). Among the legal basis use in determining whether the person will be set free are the reasons that the person gives for committing the offense, the place and danger posed by the person when the offense was committed, and the severity of the crime in relation to the imposed law or standard (Austin). But, albeit considered illegal or extralegal, there are motivations that do seem unethical when these are given as the reasons that police use to consider the release of the person that violated the law. Among them is sexual interest or disinterest in the violator, the ethnic origin of the violator, and the person or identity of the truant (Austin). Aside from these factors, the determination of the ethical basis for the release of the offender is more convoluted (Austin). If we take into consideration the mindset that is prevalent in the police establishment, the possible reason that is considered by the officer in the exercise of that discretion is the respect that the person accords the person in uniform (Austin). Again, the idea that the practice of police discretion is unambiguous, even if the root from which the concept is taken is not (Kleinig, 1996). The term in the English language discretion† finds its roots in the Latin word discretio, which evokes a degree of separation or discernment (Kleinig, 1996). Therefore in this context the person who exercises discretion can be held as one possessing of sound and wise judgement in practical and interpersonal situations (Kleinig, 1996). If the police grapples with a difficult situation and brings about a satisfactory resolution, then the officer is said to have exercised good discretion (Kleinig, 1996). Just Enforcing the Law? But is the role of police just limited or set in the ambit of enforcing the law? Not so, argue some (Miller, Blackler Alexandra, 2006). Other responsibilities of the law enforcement establishment are the maintenance of the order in the society and to help in the protection of life (Miller, Blackler Alexandra, 2006). In the discussion earlier, the police must be given discretionary alternatives for them to be able to deal with situations especially when two interests collide (Miller, Blackler Alexandra, 2006). The state is tasked with the responsibility and duty to enact laws and make them known to the citizenry (Guillermina Seri). But the argument here is that the state must make the people aware of the punishment attached to the violation of the known laws of the state, and the other violent means of vengeance if the â€Å"unwritten† laws are broken (Seri). Once a police officer orders us to stop for a check, that officer is possessing absolute power when they are in the position of asking us to submit to them (Seri). The tendency of these instances when people come into contact law enforcers often leave the person exposed to the mercurial lines of the police and makes the boundary between the established, written laws and the unwritten statutes blurred (Seri). Police Discretion: Is it needed? As stated earlier, the police cannot be asked to enforce all the statutes and laws that have been enacted for the peoples protection and exercise of their rights (Austin). But in this context, can we accuse the police establishment of shirking off its duty to enforce the law since they can just apply their discretionary prerogatives in deciding who gets free and who gets hit by the book? Duty is the accountability that ones responsibilities will be discharged commensurate to the position; discretion is when that person can choose between options in the performance of that duty (Austin). If the performance of that duty of the police is tainted with other factors, that is when discrimination sets in the decision making of the police (Austin). Some opponents of the practice of police discretion aver that the police must enforce and decide the culpability of the suspects strictly by the dictates of the law (Milan Pagon, 2003). Thus, if the practice is solely dictated by the ambit of the law, then the practicality of police discretion would cease (Pagon, 2003). But the concept is hardly of any use once applied to a field setting (Pagon, 2003). The balance must be struck wherein the force of the law is applied and the eventuality that the person is subjected to cruel treatment (Pagon, 2003). References Austin Peay State University. (n.d.). Topics in police ethics. Retrieved November 7, 2008,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   from http://www.apsu.edu/oconnort/3300/3300lect04.htm Gleason, T. (2006, November). Ethics training for police. The Police Chief   Volume 73,    number 11 Kleinig, J. (1996). The Ethics of Policing.   Cambridge, Engalnd: Cambridge University Press Miller, S., Blackler, J. Alexandra, A. (2006). Police Ethics. Australia: Allen Unwin 2006. National Criminal Justice Reference Service. (n.d.). NCJRS abstract. Retrieved November 7.