Employment law Essay Example | Topics and Well Written Essays - 1500 words

Employment law - Essay Example The employer is required to prove just because as a reason for dismissal, which requires him to show proof that the employee has been habitually found to engage in misconduct that eventually resulted in the current dismissal and this may require the tabling of warning letters or specific directives in a court of law. When an employee is dismissed based on ‘Just Cause’ principle, the employer is not obliged to provide notice to the dismissed employee nor is the employee entitled to any pay in lieu of notice. However, certain occasions, the employer may be required to furnish the dismissed employee with reasons for the dismissal. An employee whose service has been terminated through wrongful dismissal may seek remedies through the help of courts of law. Under the common law, such employees can be reinstated to their previous jobs or places of work. As most employment relationships are contractual in nature, the courts of law would most instances determine cases of unfair d ismissal based on the principles grounded in contract law. This requires the employers to compensate the wrongly dismissed employee for the earnings and benefits lost during the reasonable period of time they would have been in employment if the notice was given in good time. Under the ‘Wallace Cause’ established in the case of Wallace v United Grain Growers Ltd, the courts established that the employer is under an obligation to give ample notice period of the intention to dismiss an employee and any contravention of this, the courts can extend the dismissal period. This effectively makes employers who act in bad faith by being untruthful and end up dismissing their employees liable for such dismissals. The damage awarded is commensurate with the bad faith demonstrated by the employer and are determined as the determination of other damages in cases involving morals. The damages are calculated from the date the employee was dismissed according to the terms expressed in the contract itself. The computation of damages will include expected earnings, benefits and any other compensation the dismissed employee would have earned if a reasonable period was given. The common law allows for a negotiation of a reasonable period while statutory provisions provide fixed notice periods for notice to dismiss. In summary, a wrongfully dismissed employee is entitled to salary that could have been earned had a reasonable notice period be issued inclusive of any awards in salary increment that may be effected in the period after dismissal and other benefits such as commissions and overtimes. Other benefits that accrue to employees in the course of employment such as houses of residences, insurance and mortgages must be duly paid or given to him. Case Study 2 There are many tests for distinguishing an employee from an independent contractor. It is important to note that all these tests look at the substance or what occurred in such employment relationship rather tha n what is written in a particular contract. The first and most important test is the level of control that the hiring person has over the performance of the work in terms of place, time and the manner in which it is done. An individual who does not have the control over such aspects is an employee while the vice versa in terms of control refer to an independent contractor. The risk test provides that the independent contractor bears risks that come with the performance o

A Synthesis of the Themes in Selected Poems about War Essay - 2

A Synthesis of the Themes in Selected Poems about War - Essay Example Richard Lovelace’s ‘To Lucasta, Going to the Wars’ is addressed to a soldier’s sweetheart at the point of his leaving for war, who he tries to convince of the importance of going to war. The soldier first admits that the war may be compared to having another ‘mistress’, as he will now be chasing the ‘foe’ with more ardor and embracing his weapons and horse with a ‘stronger faith’ than he has chased or embraced his lover but then goes on to justify this comparison. The narrator then says that the only reason he is capable of loving her so much is because he loves honor more. This love of honor is proved by his taking to war so eagerly. In the poem, the act of love and act of war are compared and war is considered a nobler activity. The poem goes so far as to assert that not only is war a greater love, it is the only reason that men are capable of loving women – they are both quests to prove their honor. This view of bringing up the question of honor in war and placing it over other lesser concerns like romantic love appears in this poem of the 17th century. England, at the time, was known for valorizing bravery and war and espousing values of strong patriotic feeling among its citizens. This trend of thought is again reflected in English poetry in a poem like Alfred Tennyson’s ‘Charge of the Light Brigade’, which was written in 1854. Nearly two hundred years after the appearance of Richard Lovelace’s poem. Tennyson’s famous poem also speaks of the ‘noble six hundred’ who were part of the Light Brigade that fought for England against Russian troops in the Crimean War. Most of the poem is a fervent exhortation to the cavalry but there is already a note of recognizing the futility of war. As Tennyson writes: ‘Not tho' the soldier knew / Someone had blunder’d’; the soldiers are themselves unaware of why they are to fight the war that they are being sent to fight and this is a crucial idea that changes the perception of war from something seen as honorable and brave to something that is later conceived as foolish, wasteful and cruelly absurd. Wilfred Owen was among the first poets to most poignantly write about the horrors of war. His poem ‘Futility’ reveals a pained voice that is bewildered by the continuance of something as dreadful as the war. ‘Was it for this the clay grew tall?’ the speaker asks, as he describes the death of a young soldier from France. Already the style has changed from being one of fervent exhortation and pride to one of tragic loss and dismay. There is no encouragement to the troops or mention of ‘honor’ or even praises for the sacrifices made during the war. The poem instead humanizes the soldiers who are compelled to lose their lives in pointless wars that they have not been responsible for starting. Owen’s other poem ‘Dulce et D ecorum est’ takes head on the older perceptions on war and debunks them. The title of his poem and the final line challenges Horace’s quote ‘Dulce et decorum est pro patria mori’, which roughly means that it is good to die for one’s country, and calls it an ‘old lie’. The language of this poem is harsh and unforgiving, describing the soldiers as ‘beggars’ and ‘hags’, who ‘all went lame, all blind’. The physical torture that the soldiers undergo at the front is described in all its horror, and there is no idealistic ‘

A Synthesis of the Themes in Selected Poems about War Essay

A Synthesis of the Themes in Selected Poems about War - Essay Example These poems argue that wars are honorable because of the courage they involve, but they are still immoral because soldiers and their enemies are treated as mere pawns, dehumanized because of their mission to strike and kill without compunction, and stripped of their rights to autonomy, survival, and a good life with their families. To be a soldier is a noble calling because to live by its principles is an honorable thing. The basic principles of war, based on these poems, are courage, commitment, and selflessness. Lovelace may be referring to Lucasta as a woman whom the soldier loves, or all his loved ones in general. He explains to her the reasons of going to war, despite having the option of staying in the blissful arms of his beloved. The â€Å"Nunnery† means that the place of his beloved is pure and good, but it is not a man’s place (Lovelace 1.2). The â€Å"Arms† of war are more suited to a real man, where war is seen as a testing ground for manhood: â€Å" To War and Arms I flee† (Lovelace 1.4). The speaker agrees that war is another mistress; it takes so much time, attention, and resources: â€Å"True, a new Mistress now I chase† (Lovelace 2.1). ... The â€Å"stronger Faith† signifies that war is a holy quest. The decision to go to the war is an honorable responsibility. It means that honor in war is about protecting one’s country, something that can be done only out of the purest of intentions, the purest of love: â€Å"Yet this inconstancy is such/As you too shall adore† (Lovelace 3.1-2). Soon, Lucasta will realize what he means. He depicts that Lucasta is then fortunate, for in honoring the war, he honors her even more: â€Å"I could not love thee, Dear, so much,/Loved I not Honour more† (Lovelace 3.3-4). The greatest love comes from loving the society as a whole, not just one’s mistress or family, for in protecting their societies, they are protecting their families too. Another poem agrees that being a soldier is an honorable calling because of the courage, dedication, and selflessness it requires. Lord Alfred Tennyson, in â€Å"The Charge of the Light Brigade,† refers to an actual battle, where the English Light Brigade charged to a suicidal mission in the Crimean War. The tone of the poem honors the soldiers, but the feelings of exhaustion and resentment are present. In the first stanza, Tennyson says: â€Å"Half a league, half a league,/Half a league onward† (1.1-2). He repeats the phrase â€Å"half a league† three times in a row, suggesting tiredness. Soldiers get weary from their missions, but they must never falter, as if they are not supposed to feel tired at all. Tennyson does not mince words, when he introduces the fate of these soldiers: â€Å"All in the valley of Death/Rode the six hundred/ â€Å"Forward, the Light Brigade!/Charge for the guns!† he said (Tennyson 1.3-6). He knows that these soldiers are doomed because they will be charging for the guns. The soldiers

Socialization and Other Skills for the Students Essay

Socialization and Other Skills for the Students - Essay Example The student is in the classroom and often daydreams. In order to help this student, I would work with the student in a quiet area within the classroom. I would break the assignments down into smaller chunks. I would use a timer for this and set the timer to correspond with the student’s attention span. As an example, if I saw that the student began to daydream after ten minutes, I would set the timer for ten minutes and then allow the class to have a short break at the end of each 10 minutes. I would also use small group activities so that the student could interact with other students during the learning process. The third intervention would be to watch the student and as I saw them going into a daydreaming phase I would let them know I was going to call on them next to answer a question. I would remind the class to focus on what we were doing at that time so I could bring the student’s attention back to the classroom. This intervention would specifically address the d aydreaming in that it would give the student something to do for a shorter amount of time. The outcome for the intervention would be that the student was able to sit in the classroom for the entire classroom time, without daydreaming. Progress for this intervention could be monitored by keeping track of the amount of time that the student is able to tolerate. As an example, the starting point would be 10 minutes, the time would be extended to 15 minutes and then finally to the full class time. Once the student could stay in the class without daydreaming and without using the timer, I would know that the intervention was effective.

Women Authors as a Mirror of Society Essay Example | Topics and Well Written Essays - 750 words

Women Authors as a Mirror of Society - Essay Example The period of 1865 - 1912 marked one of the most important events in the history of America - the end of the Civil War. The war had claimed many lives and marked the end of slavery. It also marked the beginning of the Industrial Revolution which would make America, a young nation then, the world's richest country in the future. During the change of the century, from 1865-1912, American women struggled to obtain freedoms and independence that is taken for granted today. The roles of women during this era were mostly defined by men, often in one of the many books of etiquette that taught them a proper "code of manners" and stated flatly, "The power of a woman is in her refinement, gentleness and elegance; it is she who makes etiquette, and it is she who preserves the order and decency of society". This was particularly true of middle-class women, and men strived to keep them restrained within the influences of the home. The expectation was for the woman to be "fixed firmly within their sphere of home and hearth", tending to the needs of the family, caring for children, and taking care of the home. Women were expected to remain virtuous and pure, to be modest, devout in their faith, and submissive to their male counterparts (The Yellow Wallpaper, 2008). During this period, the literary representations of writers underwent a massive change. ... Romanticism, as a literary movement started in England and also flourished in America. Much of it was also in the Gothic vein, such as the work of Edgar Allen Poe, Washington Irving, and Nathaniel Hawthorne. Transcendentalists like Henry David Thoreau and Ralph Waldo Emerson stressed the beauty of nature and man's identity as a natural being, themes echoed in the later work of poet Walt Whitman. At the end of war, there was a shift to Realism and later on to Naturalism. American Realists concentrated their writing on select groups or subjects. Important among them was Kate Chopin and her views on marriage and women's roles in the society. Married at the age of nineteen to Oscar Chopin and widowed at the age of thirty-one with six children and a failing cotton plantation business, Kate's life was difficult and dissatisfactory. The lack of a husband's influence led her to have an affair with a married farmer, an act that was considered outrageous at that time. Her emotions and needs are portrayed through Edna Pontellier in The Awakening. With her husband busy with his brokerage firm in Carondelet Street and not having anything to do, she falls for Robert Lebrun, an immature young man, who "since the age of fifteen, which was eleven years before, each summer at Grand Isle had constituted himself the devoted attendant of some fair dame or damsel. Sometimes it was a young girl, a gain a widow; but as often as not it was some interesting married woman." (Chapter 5). On the other hand is Adele Ratignolle, Edna's friend. She sympathizes with Edna, warns Robert not to play with her emotions, and has imaginative cramps and fainting spells and who altogether manifests the way women were expected to behave during those times. Kate Chopin's masterpiece

Major Theories of Crime Causation Term Paper Example | Topics and Well Written Essays - 1250 words

Major Theories of Crime Causation - Term Paper Example Cultural deviance theory is a subset of a bigger range of theories which all have to do with the structure, or more exactly, the stratification of human society. Stratification is the way that objects are arranged in layers, such as in ancient rock formations, for example, and in society the term refers to the economic or social classes that exist in human societies. There are always some people who have a lot of wealth and power, and these people represent the upper classes. They enjoy prestige and privileged access to many of the benefits of society. Below this layer are those who are comfortable and can access some but not all of the advantages that a society offers, and at the bottom of the heap are the poor, who very often struggle to meet basic needs and are excluded from many of the benefits of society. The proportion of the population in each stratum can vary according to the culture and the history of different places. Some countries, like the USA and most of Western Europe has a very large middle class, while others, like India, have a huge lower class. In all societies it has been noted that the classes at the bottom of this hierarchy tend to have more crime. Economic disadvantage, therefore, is a factor which can lead to greater levels of crime. Lack of wealth results in an environment where people do not have the spare income to spend on keeping the place in order, and this means that disorganization and chaos is more likely to occur. Middle and upper class communities take more pride in their local area because they have invested a lot of resources in their homes, for example in buying or renting nice properties and making their gardens and houses neat and clean. People who struggle to put food on the table do not have the luxury to look after their neighbourhood, and crime develops in the neglected public spaces. In this context there is much less to lose, and so there is a greater tendency to opt out of constructive community efforts. People do not become attached to the place, or their neighbors and in fact â€Å"Residents in crime-ridden neighborhoods try to leave at the earliest opportunity.† (Siegel, 2007, p. 126) Life in an economically disadvantaged area is stressful and results in a culture forming in which those who are not able to move out and up into a more advantageous layer of society find ways of adapting to their environment. The cultural disadvantage theory observes that lower-class people have different values than middle and upper class people. They do not try to compete in conventional arenas like education and employment, but seek success in different ways, and measured by different standards. So for example instead of working through an apprenticeship and starting a long term career, lower class people set their sights on the values of the street: being tough and streetwise, doing deals and gaining income in ways which demand street wisdom rather than conventional submission to rules. The usual authority figures such as parents, teachers, police, are seen as influences to be r ejected, in favor of a kind of rebellious autonomy. In this world view crime plays a big part, because

Research paper onAutism-- pathophysiology and diagnostic tests Essay

Research paper onAutism-- pathophysiology and diagnostic tests - Essay Example Autism is a life-long developmental disorder affecting as many as 1 in 500 children. The causes for this profound disorder are largely unknown (White). Several pathophysiological conditions are responsible to cause autism, and one of them is Hepatocyte growth factor (HGF). HGF is a polypeptide growth factor which acts by binding to the MET tyrosine kinase receptor. HGF influences the growth, motility and morphogenesis of various epithelial and endothelial cells and functions as a trophic factor for organ regeneration. Accumulating evidence suggest that HGF and its receptor MET play a role in neuronal cell development. First, HGF and its receptor MET are widely expressed in the developing and mature mouse brain, with expression beginning as early as embryonic day 12 (E12) and E13, respectively Second, HGF promotes the migration of cortical interneurons from the ventral to the dorsal telencephalon in rodents,and HGF-MET signaling systems are implicated in regulating the proliferation and differentiation of cerebellar granule cells. Furthermore, HGF plays a role in regulating the morphology of cortical pyramidal dendrites in the early postnatal period, and endogenous levels of HGF are necessary for the normal development of these neurons. Taken together, these findings Sugihara et al., 2007 suggested that HGF may be a candidate for mediating interneuron development in vivo. In this study, these researchers studied whether serum HGF levels in subjects with high-functioning autism are altered as compared with age-matched healthy controls. Furthermore, they also examined the relationship between serum HGF levels and clinical symptoms in subjects with autism. The findings suggested that disruption of the HGF-MET signaling systems results in complex alterations in GABAergic interneuron development in the forebrain. Taken together, it is likely that decreased HGF levels may be