Saturday, August 31, 2019

Fair Weather Friends

The majority of us have friends, the friends we have known since childhood, the friends we would do anything for; the friend that would do anything for us. Most of us have friends that are for specific situations, the friends we party with, the friend who will help us paint our house; the friend we can call at two in the morning because we just got dumped. Our lives might not be complete without our friends. I would bet money, large sums in fact; that we all have at least one fair weather friend.We can always count on the fair weather friend to be right by our side at the best of times. When we go on that first date, and it ends up being a double date for â€Å"security† purposes; we can count on our fair weather friend being there showing their full support. When we have an extra ticket to whatever sporting event it may be, we need not look any further than our fair weather friend. Who will be the first to arrive at our house on Super bowl Sunday or game seven of the NBA play offs?Our trustworthy fair weather friend of course! When we need a friend that will drink the most drinks, and eat the most food at our social events, we can just call our fair weather friend. If good times are to be had, our fair weather friend will not disappoint us. While our true friends will be there through thick and thin, our fair weather friend will avoid us like a plague in times of crisis. Our true friends will give us that shoulder to cry on, they will tell us the truth whether it hurts our feelings or not.Our fair weather friend will not show up until there is fun to be had. It is probably safe to say that a good number of our â€Å"real† friends are mutual friends; we might notice that no one else in our circle really associates with our fair weather friend unless we are involved. When we encounter the occasional financial hardship, our trustworthy fair weather friend is not ever able to help, however if they need some money we may the first person they ask. If t here is any situation, of any importance, we should not call our fair weather friend.They always have reasons why they cannot help us at this particular time, but they will be there for us the next time. 3 As time goes on we may notice ourselves putting more and more distance between us and our fair weather friend. We start to see them for the opportunist that that they are,and, we may find that spending time around them now requires a concentrated effort on our part. From time to time we may still invite them along for some miscellaneous event, because after all they do know how to have fun.When we are bored and just need someone to have idle chit-chat with there is a chance that they can still get a call. But, if there is a situation of any real consequence; that requires a real friend, we will find ourselves scrolling past their name in the address book of our cell phone. At some point and time in the relationship, our fair weather friend will end up like that one toy that was ou r favorite as a child; they will be put on the shelf. We will give up the flashing lights and amusing sounds for something that is truly engaging.The object that once entertained our shallow senses will be replaced by one that satisfies needs that are more in depth. Even though we will call upon our fair weather friend less and less, when they have an opportunity to use us to their advantage, they will continue to seek us out without hesitation. Because even if they feel the relationship changing, they will not want to give up their â€Å"true friend†, the one they could count on to be there through thick and thin; the one they could always borrow money from and take their time paying it back.The one their life would not be complete without. The fair weather friend has a very short shelf life; they often wonder why they cannot keep friends. They do not realize that a friendship is a two way street. They wonder why, with them being such a good friend, that their calls are no l onger answered, why their messages are no longer returned. They can always find fault with the other person to explain why this always happens to them. What they cannot, and will not ever understand, is why they always end up with fair weather friends.

Friday, August 30, 2019

External Influence on Ayam Brand

Reference groups have a high influence to the primary target audience, which are the housewives. The closest groups of people to housewives are the husbands and the children. Since housewives are the mothers for the children, they need to decide on which product of food or fruit to buy for their children for consumption. According to Gourmet Retailer (2008), mothers are concerned with feeding their little one the most nutritious diet possible. Thus, they sake the decision to purchase â€Å"Maya Brand† canned fruits because it contains no preservatives and MS (Maya brand, 2009). Maya Brand† also provides a large variety of fruits, which are mainly pineapple fruits, mixture of fruit cocktails like peach, pears, grapes, cherries and fruits snacks as well. Children are usually very fond of all these, because what children want Is different products throughout the time of consumption, and not the same or similar product over and over again. Social class is the hierarchical ca tegorization of people into distinct status classes, so hat members of each class share similar values, Interest and behavior (Chaffinch, et al. , 2008). Social class Is divided into upper class, middle class and lower class.It Is determined by a complex set of variables: household Income level, occupational prestige and educational achievement. Income directly affects ones attitude towards a particular purchase. For upper class people, they usually work in a big company, meaning they will have a busy working hours for almost everyday. Due to their occupation, they will not have time to shop for fresh fruits in the market. With once of health at the same time, they will purchase ‘Maya Brand' canned fruits as It's a very popular brand, with no preservatives and MS, and Is available In almost all convenient store or embitterment, Tort example, â€Å"Gallant Hypermarket†.Meanwhile, for the lower class people, they usually have a lower household income level. As ‘Maya Brand' canned fruits are cheap in price and it is value for money, they will choose to purchase it to satisfy basic needs. For instance, Gap, Ralph Lauren and United Colors of Benton understand how parents reflect the brand choices in the children's market (Koala, 2007). Parents especially are influential in apparel purchases because children are unable to pay for their own expenses of a purchase due to high cost. In addition, social group and peer influences are considered as the significant reference groups.Research shows as the age of a child increases, peers become more influential on apparel decision- making and not their parents anymore (Bridges & Burgess, 2010). Teens nowadays, make the purchase decision on their outfit, based on the interaction within the peer group. They enjoy making decision on themselves, while taking consideration into there friends' opinion (Grant and Stephan, 2006). 2. 2. 2 Social class that members of each class share similar values, interest and beh avior (Coffman, et al. , 2008). Social class is determined by a complex set of variables: household income level, occupational prestige and educational achievement.Income directly affects of ones attitude towards a particular purchase. Thus, the motivation of people in upper class is stronger in owning the latest fashion trends compared to the motivation of people in middle and lower social class (Peter & Olson, 1999), Upper lass people are concern on the body image and self-image whereas middle or lower class people tend to evaluate products in terms of functionality rather than the style of the garments. Higher social class associates clothing as wealth and luxury thus, they tend to dress in expensive and high in quality of apparels (See & Lee, 2008).Such high fashion retail store includes, Gucci and Airman Exchange. In the contrary, people in the lower class will consider whether the clothing is comfortable, reasonable in price whereas fashion trend is the least important aspect (Kennel, 1976). It) Message framing ii) advertising appeal Advertising can help companies develop consumers' awareness to an unmet need or introduce a product that consumers may see as valuable. This influence is often present when new products enter the market. Customer awareness is often low for these items until companies promote them and attempt to drive customer demand through advertising.Companies may also need to use advertising to stave off the popularity of a competitor's products in the economic market. This will result in advertisements that will influence consumers to change their buying behavior and witch products for specific reasons, such as cost or quality. (Vitae, 2010) â€Å"Maya Brand† advertise its' company on Faceable to enhance its' fame to the public as well as the people around the world. As Faceable is a social networking service. It allows â€Å"Maya Brand† to market Its prattle Ana products to lots AT networks . En AT ten advertising appealed used by â€Å"Maya Brand† is by organizing a ‘Community Care Campaign 201 1†², which one free canned food is given with Just one â€Å"like† button (Diagram 5. 1). Their mission is to provide donation of canned food to 40 charity home in 2 months. They have successfully supplied 3663 cans for the moment. In this case, its generosity will result in its brand name sinking in consumers' mind. As housewives are mothers of the children, they tend to be attracted to this brand as the campaign is helping the children who need strong support in terms of food.They understand how children will be without care. Besides, if â€Å"Maya Brand† can sponsor its products to so many charity homes, meaning its products have trusted quality. This is because if it does not have the required quality, it might spoil its own image by doing so. Thus, housewives or mothers will feel that â€Å"Maya Brand† is more trusted in terms of its quality. Www. Oho. Com For examp le, advertising on faceable. Read more: The Influence of Advertising on Consumer Buying Behavior I oho. Com http://www. Oho. Com/facts_6948058_influence-advertising-consumer-buying- behavior. HTML#sizzle Alfonzo behavior. HTML#sizzle Ladings ‘v) Humor in advertising. Www. allaboutmedicalsales. Com Some Definition of Humor in Advertising: ‘Humor' in the dictionary means a quality – being amusing or comic but in advertising it is serious business. In advertising, humor is more than Just making a munch of people laugh. Some of the best brands in India have leveraged humor to such an extent that the viewers look forward for newness in humor each time they see a new commercial from that brand. To illustrate, Officio has been one of those brands which have used humor so intelligently and subtly that it remains in people's minds.Here again one needs to closely view the product and the category before applying humor to sell your product. According to David Googol 30 per c ent of advertising is based on humor. Humor sells if used creatively with a strong idea and great execution. Claude Hopkins, the father of modern advertising had a different view on this. He was of the opinion that people don't buy from clowns. But in India over the last two decades humor has been drawing lot of attention for communicating a product. Also the conventional wisdom of thinking among our people is that when you buy products it should deliver some value and benefits.These could be nutritious for a health beverage, labor saving for a washing machine or a dishwasher. Humor in the dictionary means a quality of being amusing or comic but in advertising it is serious business. In advertising, humor is more than lust making a Duncan AT people laugh. Humor tenant a strong idea and great execution. (.NET. COM) Using Humor In Advertising Advertising Is Not A Funny Business s uses creatively Walt First, a warning. Professional Advertising does not recommend that you use humor in y our advertising. A lot of people simply don't have a sense of humor.You lose them immediately, and the potential size of your market shrinks. And humor is in the eye of the beholder. It is commonly misinterpreted. Many people will not get the Joke. Your market size Just shrunk again. And humor often insults someone. They may simply get angry because they don't get the Joke. This is fire we are playing with. Your market Just shrunk again. Is it worth the risk? Laugh Out Loud – Advertising Humor Yes, humor in advertising is risky. It can also be devastatingly effective. When done right, humor works – really, really well. Advertising is about getting attention.The best ways to get attention with advertising are with strong visuals, sex, powerful headlines, and humor. Let's look at how to use [or not use] humor in advertising. Advertising humor is wonderful for getting attention. As you look at some of our ample ads, we hope you get a good idea of what we mean. Advertising humor can be extraordinarily effective when it is used correctly. People will actually look for your ads, and talk about them if they are good. But there are rules about using humor in advertising to represent your company, and following them is probably a good idea. First, people like funny things.They relax and pay attention when they know you have a sense of humor. It puts them in a good mood, and it creates a more comfortable atmosphere and a more positive image for your company. It makes you easy to approach, and easy to remember. Advertising humor works best with established and commonly purchased products. Humor in advertising works for business services, familiar items, and products we all know. But corporate image and industrial advertising are serious business. Unknown, KY, expensive, or sensitive products are not normally salute to ten lighter toucan AT advertising humor.Advertising humor also needs to be well suited to its audience. If your customers don't get the Joke, then the Joke will be on you. A sophisticated audience will understand your irony, satire, and puns, but a young audience may only understand lipstick comedy or a silly cartoon caricature. Inside Jokes can be effective if the recipient understands that it was done for them, but nobody else will get it. And advertising humor can backfire. If you make a Joke at the expense of any one group, you will surely alienate them.Everyone loved the â€Å"Where's the Beef† commercials done by Wendy – everyone, that is, except the senior citizens who did not like being portrayed as grumpy old people. Advertising humor also needs to be product specific. We have all seen funny ads we liked so much that we forgot what was being sold. Advertising humor must relate erectly to your business or products if you want to be remembered. And advertising humor has a relatively short life. The first time we see it we may laugh out loud. But after a while, although we still may smile at the Joke, it's not so funny any more. Funny ads need to be replaced periodically.Will advertising humor work in your ads? Absolutely – if you can make it appropriate to your products and customers, if they understand it, if it is related to your business or message, and if you change your ads frequently enough so that they don't wear out. K, here's the punch line. Advertising humor definitely gets attention. And if your ads don't get attention first, they will be anything but funny. But when done right, advertising humor can send your ads light years ahead of the competition, and that's what Professional Advertising is all about. Www. myprofessionaladvertising . Mom Power of humor in advertising V Sympathy, GM 20:20 Media The role of humor dates back to many years when all of us used to view films like the Charlie Chaplin, Laurel and Hardy. These actors and characters really made all of us laugh when we sat and watched their movies. Even all our Hindi and regional ivies in India alway s had a comedian to play a very important role and provide the movie a touch of humor to give the audience some fun and Joy. Every Hindi movie had an actor like Method, Seepage, Devon Versa or an Saran who played a very important role in making the movie entertaining and thrilling.The same strategy is used by many advertisers in India into their advertising to get noticed and stand out in the clutter with memorable humor which remains sticky in ten blower's Milan. In Tact news papers Like ten Limes AT IANAL nave made every reader smile early morning with R. K. Legman's cartoon. Even individual personality or celebrities try and use humor to position themselves differently in the people's minds. One such example that is top of mind is our Railway Minister Aloe Parkas Hydra. His witty and funny speeches and replies have positioned him differently amongst other politicians.So humor as a tool has been a strong weapon for many brands to draw the customers' attention. Different view on th is. He was of the opinion that people don't buy from clowns. But or a dishwasher. Role of Humor: With more and more channels mushrooming, clutter has become a significant problem for most brands. Hence to beat the clutter and break the ice, humor has been used by many brands to answer the problem. Over a period of time humor has been proved to be one of the best techniques to keep the customer laughing and grab his attention with some sticky and creative idea.The proof of the pudding for any humor based on advertising remains in forcing the audience watch, laugh and most importantly is able to recall the brand easily. Brands must ensure that if they are using humor to sell a product then the connect and the equity of the brand should not be diluted. According to some research humorous ads are recalled fast ND easily and it also elevates the consumer's happiness and mood. Finally humor captures the viewer's attention, cuts through the ad clutter and enhances recall. If not crafted pr operly humor can also backfire at times.Product and Brand connect: It sometimes so happens that a Joke in an advertisement is so powerful that the consumer tends to forget the brand. Hence it is important that there should be a strong connect between the product and the humor that you are trying to convey. The Pizza world ad showing a hosepipe being used to cool off someone who Just had a spicy plaza Is a good Ana relevant example wanly connects Walt ten Drain Ana really communicates that when you ask for a spicy pizza we deliver it with full pride. Understanding the nuances of the brand and the audience is very important.Overindulgence of humor can put down the audience and the brand if not executed in the right taste. The Maul undergarments ads which tried to use humor and sex to sell their brand never went off well with many consumers. The brand did get some publicity due to controversy but did not win the hearts of the target audience. Hence it is important to base your Joke on the core values of the product and the service proposition the brand is offering. No product connect means no effectiveness. All these results in huge wastage of the marketing budget.Types of Humor in advertising: Using a comedian: Here instead of building humor in the advertising one can use a comedian actor to promote the brand. One's choice of comedian has to match the values of the brand. One of the most memorable advertisements that have used a comedian well has been Charlie Chaplin for Cherry Blossom shoe polish. The most recent one in this space using an Indian comedian which has been noticeable and successful is Domino's Pizza which has plugged in Parses Rival very cleverly. Capitalizing on the current topics : Use the current hot topic in all walks of life which is funny, sticky, memorable and controversial.Maul Butter has been doing these for several years. The advertising deployed has been very humorous and are always based on the current topics with a tongue-in-cheek app roach. People never get fatigued watching the Maul ads. People eagerly wait for what Maul Butter outdoor campaigns by constantly looking at the prime hoarding points where Maul butter is visible. Strong idea based humor: Here the strong creative idea is carefully blended with subtle humor. The case in example is Officio. The powerful idea with humor helps in beating the clutter.Centre Shock electric gum is another good example where a strong advertising idea (Idea sprung up from the product) with the help of humor helped in translating into a great piece of campaign. Saint Goblin glass is another wonderful example of how humor has been used subtly. The restaurant advertisement (where the water is thrown) created by the company is so refreshing that one never gets bored of viewing it. Using the right type humor in advertising will be determined by clearly defining your objectives and positioning of your product.This, supported with a strong idea ill further help you to create good ad vertising which can be sticky and memorable for a long time. Humor will help if it is relevant: Mostly humor is used in products which is low in investment and which has high impulse purchase. (Candy, beer and mosquito repellents). One cannot totally generalize this, as consumer durable products have also used humor effectively. Humor may not work in category like condoms, sanitary napkins as tense products need to explain ten Detentes AT ten product more clearly. Similarly cars and diamonds may also not use humor as the decision process to purchase is long.Finally we need to remember that humorous campaigns are difficult to design and create. Over exaggeration of humor may have negative effect on the brand. People may remember the Joke but not the message and the brand. It can upset individuals if not done tastefully. Products can also flop and brand equity may erode. While humor is a strong and interesting route to create a great advertising campaign, one must also keep in mind th at the imagery, core values of the brand and the positioning does not deviate. If your positioning is perfect then humor with a great idea can do wonders for the brand. Www. .NET. Com

Thursday, August 29, 2019

Australian Competition and Connection Consumer Commission

Coles is a huge brand in Australia and the provisions of the Competition and Consumer Act, 2010, (Cth) apply on the company. To meet with the regulatory compliance of this act, Coles has opted for a few strategies. These strategies include providing better shopping experience to its customers, improving the quality by use of fresher produce and offering better value by lowering the prices of weekly shopping basket. The Annual Report of Coles for the financial year 2015 stated its objectives as delivering a better store network; focus on freshness and creating trusted value. By supplying better quality products, Coles is working towards creating trusted value. Coles Online is a part of the company which also shares the same strategy of providing better services, by making shopping easy for its customers. This strategy has a clear and strong focus on delivering savings to its customers. Coles Express had introduced trusted Every Day Value pricing in its stores for fulfillment of this strategy (Coles, 2015). The slogans of the company, used from time to time are aligned with the, objectives of the Act. Whether it is the slogan used in 1980s of â€Å"You'll find the best value is at Coles New World"  or the one used from 1998 to 2003, which was "Serving you better†, Coles has ensured that the objectives of the Act are met. The current slogan of the company â€Å"Down Down† promotes competition (Mortimer, 2015). The strategies of Coles seem plain advertisement criteria, but a careful observation of the wordings clarifies the objective behind these strategies. The Act, through its various provisions, provides that a business has to ensure that the produce provided to the consumers, is safe for human consumption. Further, the products which have a low shelf life have to be provided to the customers, within the shelf life of such product. The act also provides that the inertest of the consumer have to be secured. All the strategies of Coles reflect the objective of the Competition and Consumer Act, 2010. The objective of this Act is to enhance the welfare of the Australians by promoting competition, free trading and providing provisions for consumer protection (Australian Government, 2016). The strategy of Coles is to provide fresher products to its customers. By providing fresher produce, the company sets examples to its competitors to ensure that the consumers ultimately benefit from its business. A better store network would ensure that the customers do not face any hassles in their shopping experience. One of the strategies of Coles is to provide better products at lower values. By ensuring a combination of better product with low costs, a sense of competition is attained. The other companies would also move towards providing such services. The consumer would get better products at lesser prices. This would again promote competition. Coles had its share of problems with the Australian Competition and Consumer Commission. The Court in the case of ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 held that the company was engaged in unconscionable conduct and levied a penalty of $10 million on it (Australian Competition and Consumer Commission, 2014). The judge held that the misconduct of Coles was deliberate, repeated and serious. Further, the judge held that the company had misused its bargaining power and the conduct of Coles was contrary to the conscience (Australian Competition Law, 2015). This created a huge problem for Coles as it failed on its strategies to promote competition. On the basis of above case, certain recommendations have been drafted for Coles to improve the management activities of the company, in order to comply with the competition law. The main recommendation for Coles is that, it has to ensure that the incidents mentioned in the above case are not repeated. It should conduct its business in a way which is considered as conscience. It should, at no instance, threaten to harm its suppliers who refused to comply with the Company’s demands. Coles has to promote fair trading in its business, along with promoting competition amongst the businesses. Coles has to ensure that it does not indulge in any sort of misleading and deceptive conduct. Further, as the unconscionable and misleading conduct has been prohibited through this Act, Coles has to make sure that it does not take part in such conduct. There has already been a case against Coles in this regard, and any more cases would mean that the company fails to achieve its strategies of creating trusted value. There is also scope of improvement in the management activities of the company to ensure compliance of competition law. The company is working towards providing fresher produce but by creating a better supply chain, the time of getting the produce from suppliers to the supermarket can be reduced. This would ensure that the consumers gets fresh produce and promotes competition. To conclude, it is recommended to the company that they follow the provisions of the Act strictly and ensure that the instances of unconscionable conduct are not repeated. Keeping in view the incident that occurred, the grounds for successful negligence along with the consequences to Bungee World Ltd (BW) have been enlightened here. Recommendations are also provided to resolve the potentially damaging public relations problem in the best possible way. Negligence is the civil wrong done where a duty of care was owed by a person towards another person and the person failed to fulfill this duty, which resulted in a loss or injury to the other person. To establish that the liability arose under the tort of negligence, certain elements have to be present. These elements include a duty of care, a breach of such duty of care, a loss or injury as a result of breach of the duty, and that the loss or injury has to be relevant and not too remote. As per the Civil Liability Act, 2002 (NSW), a person is not considered as negligent unless the risk was predictable, the risk was not at all insignificant and in similar circumstances a prudent person would have taken proper precautions. A landmark case in the duty of care is the case of Donoghue v Stevenson [1932] AC 562 (Boella and Pannett, 1999). Further, a standard of care has to be ensured as was seen in the case of Bathurst Regional Council v Thompson [2012] NSWCA 340 (Sheehan, 2012). Though a defense is available to the breaching party which states that, a person has to ensure his own safety when the risks are presumed. In such a case, the aggrieved party cannot sue the breaching party as they failed to take the duty of care for themselves. This was also established in the case of Mulligan v Coffs Harbour City Council (2005) 223 CLR (High Court of Australia, 2005). But, in the case of Rootes v Shelton (1967) 116 CLR 383, 385-6, the judge held that when the risk is inherent, the people are bound to accept it to engage in the risky sports (Swarb, 2016). And so, this cannot be referred as a defense by the breaching party. Damage is not only the physical damage, but also the emotional distress. In the case of Baltic Shipping v Dillon (1993) 176 CLR 344, it was held that the applicant could recover damages for the emotional distress that resulted from the breach of duty of care (Australian Contract Law, 2013). In the present case, BW was providing the services of Bungee Jumping for a fee of $50. Further, a waiver form had to be signed by the customers to undertake this activity. As has been established from the famous cases, this does not reduce the liability of BW in case of an injury. BW owed a duty of care towards Loki and had to ensure that the equipment for the bungee jumping was safe and secure. Further, the risk of corrosion was inherent due to the sea moisture present in the air. In this case, BW is liable for negligence as it breached the duty of care it owed to Loki. Further, as stated above, the injury does not have to be a physical and a mental injury is enough to claim damages under negligence. In this case, Loki did not suffer any physical injury but suffered a nervous shock. So, he can successfully sue BW for negligence. As a result of this negligence action taken by Loki, BW will be liable to pay Loki the monetary damages, as a remedy for the injury which Loki suffered. This is a potentially damaging public relations problem and so an effective crisis management is needed to resolve this problem. It is recommended to the Board that the problem should be assessed properly and an understanding should be gained regarding the potential stakeholder, which is Loki in this case. The Board should take steps in providing compensation to Loki before he takes any legal action. This would not only save the costs of legal proceedings, but also act as a shield against the damage done to Loki, as well as, to the image of the company. It is also recommended to the Board to ensure that the faulty equipment is changed and that all the old equipment is checked for its durability and safety. The Board should properly advertise the remedial actions taken as well as the voluntary compensation provided to Loki, so that the image of the company, in the eyes of the public, is improved. Lastly, it is recommended to the company formulate a proper crisis management team which can anticipate, identify and monitor such crisis which have a negated impact on the image of the company (Bernstein, 2016). The 10 minimum employment entitlements which are provided to the workers in Australia as per the Fair Works Act, 2009, are known as the National Employment Standards, or NES. An enterprise agreement or any other registered agreement, an employment contract, or an award are not allowed to provide such conditions, which are less than the NES or the national minimum wages. It can be rightly inferred that the NES and the national minimum wage cover the minimum entitlements for the workers in this country. The 10 minimum entitlements as are stated in the NES includes requests for flexible working arrangements; annual leave; maximum weekly hours; parental leave and related entitlements; long service leave; fair work information statement; personal careers leave and compassionate leave; community service leave; public holidays; and a notice of termination and redundancy pay (Fair Work Ombudsman, 2016). These standards apply to all such employees who are covered in the national workplace relations system by the NES, irrespective of the registered agreement, employment contract, or the award. Casual employees are also eligible to NES entitlements, when it relates to an unpaid compassionate leave, an unpaid carer’s leave, the Fair Work Information Statement, or the community service leave (Fair Work Ombudsman, 2016). The head of human resources of an Australian engineering company needs to ensure that the company does not contravene these standards. These standards contain that the maximum standard working week should be within the limits of 38 hours for any full time employee, along with the reasonable additional hours. It has to be ensured that the right to request some flexible working arrangement is present. The parental and adoption unpaid leave of 12 months should be available for the employees along with a right to seek an additional 12 months. The paid annual leave of four weeks should be available with the employees for each year, on pro rata basis (The Australian Workers’ Union, 2016). Further, a ten day paid personal or carer’s leave should be available with the employees for each year, on pro rata basis, along with two days unpaid carer’s leave for each permissible occasion, and two days paid compassionate leave for each permissible occasion. The head of HR also has to ensure that proper leaves for jury service, as well as, for emergencies and natural disasters are provided to its employees. Such person also has to ensure that the new employees receive the Fair Work Information Statement. The employees have to be entitled to take the public holidays and the entitlement be paid for ordinary hours for such days. Lastly, the long service leave and notice of termination as well as redundancy pay has to be made available (Fair Work Ombudsman, 2016). The section 3 of the Australian Consumer Law (ACL) defines the term consumer. A person who acquires goods or services and the amount paid for such goods or services does not exceed $40,000, is a consumer (Australasian Legal Information Institute, 2016). Such goods and services must be used for personal only and not for re-supply, to fall under the category of consumer. Further, Section 21 of the ACL contains provisions regarding unconscionable conduct in relation to the goods or services. Section 21(1) prohibits a person from supplying or acquiring goods and services, to or from, a person in a manner where the conduct is considered as unconscionable (Australian Competition Law, 2014). Though, the sections of ACL do not define what is considered as unconscionable conduct and hence, reliance is made to the Courts to consider whether an act can be termed as unconscionable conduct or not (Find Law Australia, 2016). The courts generally rely on the following points to consider the conduct as unconscionable conduct: the strength in the bargaining capabilities of the consumer and the supplier; if the consumer was required to comply with the conditions of the supplier, which were not reasonable in the interests of the consumer, and the supplier’s conduct had forced the consumer to comply with such conditions; whether or not the consumer had a clear understanding regarding the appropriate documents related to the supply of goods and services; whether the supplier exerted any pressure or undue influence on the consumer; and such circumstances where the consumer could have taken the goods or supplier from any other supplier. If a supplier is found guilty of contravening the section 21 of the ACL, such supplier is then liable to civil pecuniary penalties of $220,000 for persons (other than body corporate) and for body corporate the penalty amount is $1.1 million. Further, the enforcement powers and remedies can also be applied on the supplier for contravening this section. These include injunctions, damages, substantial notices, undertakings, infringement notices, and non-punitive orders, amongst the other things (Australian Consumer Law, 2013). As the sale of the Ono water filter amounted to $2000, Rebecca would be considered as a consumer under the ACL. Dave had used undue influence on Rebecca and forced her to purchase the filter. Further, he used his strength of bargaining position and forced Rebecca to waive the cooling off period. Rebecca had no need to purchase the filter but the unconscionable conduct of Dave compelled her to buy the filter. Hence, Dave contravened the sections of ACL and as a result, Rebecca has the right to seek compensation from Dave. Further, Dave is also liable to civil pecuniary penalties of $220,000. Australasian Legal Information Institute. (2016) Competition And Consumer Act 2010 - Schedule 2. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html [Accessed on: 20/09/16] Australian Competition and Consumer Commission. (2014) Court finds Coles engaged in unconscionable conduct and orders Coles pay $10 million penalties. [Online] Australian Competition and Consumer Commission. Available from: https://www.accc.gov.au/media-release/court-finds-coles-engaged-in-unconscionable-conduct-and-orders-coles-pay-10-million-penalties [Accessed on: 20/09/16] Australian Competition Law. (2014) Section 21: Unconscionable conduct in connection with goods or services. [Online] Australian Competition Law. Available from: https://www.australiancompetitionlaw.org/legislation/provisions/acl21.html [Accessed on: 20/09/16] Australian Competition Law. (2015) ACCC v Coles Supermarkets Australia Pty Ltd ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 (22 December 2014). [Online] Australian Competition Law. Available from: https://www.australiancompetitionlaw.org/cases/2014coles.html [Accessed on: 20/09/16] Australian Consumer Law. (2013) The Australian Consumer Law: A framework overview. [Online] Australian Government. Available from: https://consumerlaw.gov.au/files/2015/06/ACL_framework_overview.pdf [Accessed on: 20/09/16] Australian Contract Law. (2013) Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/baltic.html [Accessed on: 20/09/16] Australian Government. (2016) Competition and Consumer Act 2010. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2011C00003/Html/Volume_1#param2 [Accessed on: 20/09/16] Bernstein, J. (2016) The 10 Steps of Crisis Communications. [Online] Bernstein Crisis Management. Available from: https://www.bernsteincrisismanagement.com/the-10-steps-of-crisis-communications/ [Accessed on: 20/09/16] Boella, M., and Pannett, A. (1999) Principles of Hospitality Law. 2nd ed. UK: Thomson Learning, pp 16-17. Coles. (2015) Annual Report 2015. [Online] Coles. https://www.coles.com.au/~/media/files/coles/pdfs/industry%20reports/467372_coles_annual_report_2015_18.pdf [Accessed on: 20/09/16] Fair Work Ombudsman. (2016) Fair Work Information Statement. [Online] Australian Government. Available from: https://www.fairwork.gov.au/ArticleDocuments/724/Fair-Work-Information-Statement.pdf.aspx [Accessed on: 20/09/16] Fair Work Ombudsman. (2016) National Employment Standards. [Online] Australian Government. Available from: https://www.fairwork.gov.au/employee-entitlements/national-employment-standards [Accessed on: 20/09/16] Find Law Australia. (2016) Consumer law: What is unconscionable conduct?. [Online] Find Law Australia. Available from: https://www.findlaw.com.au/articles/4474/consumer-law-what-is-unconscionable-conduct-.aspx [Accessed on: 20/09/16] High Court of Australia. (2005) Mulligan v Coffs Harbour City Council [2005] HCA 63. [Online] High Court of Australia. Available from: https://eresources.hcourt.gov.au/downloadPdf/2005/HCA/63 [Accessed on: 20/09/16] Mortimer, G. (2015) Down, down but not different: Australia’s supermarkets in a race to the bottom. [Online] Queensland University of Technology. Available from: https://eprints.qut.edu.au/92666/2/92666.pdf [Accessed on: 20/09/16] Sheehan, E. (2012) Council fails in reliance on s 42 defence – accident on steps of rotunda in park - Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson [2012] NSWCA 340. [Online] Curwoods Lawyers Case Notes. Available from: https://casenotes.curwoods.com.au/?p=2002 [Accessed on: 20/09/16] Swarb. (2016) Rootes V Shelton; 1965. [Online] Swarb. Available from: https://swarb.co.uk/rootes-v-shelton-1965/ [Accessed on: 20/09/16] The Australian Workers’ Union. (2016) National Employment Standards. [Online] The Australian Workers’ Union. Available from: https://www.awu.net.au/national-employment-standards [Accessed on: 20/09/16].

Wednesday, August 28, 2019

The Failure of the Launch in Thiokol and NASA Term Paper

The Failure of the Launch in Thiokol and NASA - Term Paper Example The National Aeronautical and Space Administration (NASA)’s flight, which was using the Challenger spaceship, under the mission, STS 51-L burst into flames within the first 72 seconds after takeoff, on January 28, 1986 (Kizza 170). The flight was scheduled to occur in July 1985, but it was postponed for three times until the day this flight took off resulting into a fatal accident. This accident destroyed the established reputation of NASA, as well as the prestige attached to the space program. Globally, millions of people were shocked by the event, which unfolded.          According to (Kizza), the loss of the Challenger emerged due to a joint failure at the lower segments, which are located at the solid rocket motor found on the right side of the Challenger (170). This joint failure was attributed to destruction of seals, which are aimed at preventing leakage of hot gases. As such, a combustion leakage of a gas, which is found at the right solid rocket motor adjacent to the joint initiated shortly or at the ignition. This resulted in the initiation of the vehicle structural breakup, as well as the loss of the Space Shuttle Challenger in the STS 51-L Mission.          Further investigations indicated that sabotage and pay-load or elements of the STS 51-L Shuttle did not contribute towards the joint failure. Moreover, the design specifications of the Shuttle were not altered. This was a conclusion was arrived at after the establishment of the investigations on non-conformance, quality control, assembly, manufacturing, and materials for the Space Shuttle were conducted. The launch activities of the Space Shuttle, including preparation and assembly were in accordance with procedures, which are established. This indicates that the launch activities were not factors of considerations as the main sources or contributors towards the occurrence of the accident.              In the manufacturing process of a vehicle or any machine, design is a critical step, which engineers focus on in order to ensure that the designed machine, vehicle, or equipment has the ability to attain the desired objectives.

Tuesday, August 27, 2019

The Oral Approach and Situational Language Teaching Essay

The Oral Approach and Situational Language Teaching - Essay Example The target language is the main language in the classroom, and everyone learns it better by speaking it. Reading and writing in the target language follows once a lexical and grammatical foundation has been established. That means, the learner is corrected when he makes mistakes in spelling, vocabulary use, etc. The teaching of the foreign language is from simple to more complex forms. Upon learning this, some may be curious as to the Oral Approach is regarded by students if they have already been exposed to other teaching approaches. Would this approach clash with other methods students have already been accustomed to or would it supplement them? How about students with language impairments? Would the Oral Approach be able to encourage them or discourage them from speaking in a foreign language? The Situational Language Teaching approach is a language teaching approach that helps the learner understand the foreign language better by clustering lessons based on certain situations. Pi ttman (1963) clarifies the word ‘situational’ as identifiable concrete materials, pictures and relia which are used together with actions and gestures in order to demonstrate the meanings of new language words and phrases. If possible, these are used to teach a lesson on a particular situation. This eases the learner, knowing that what he is learning is about something familiar to him and can focus on the theme of the lesson. For example, simpler lessons teach about vocabulary on family will have pictures of family members. In any learning situation, it helps if the new knowledge is linked with previous knowledge. The Situational Language Teaching approach capitalizes on the learner’s own context. In the article, an example was provided on using actual objects to help students learn foreign words without necessarily identifying the object in the home language. This is effective since the objects are familiar to the students. The same may be true when the teacher teaches them a song about something they can relate to in their own context. It would be effective to use visual aids for the song so it becomes easily understandable to the learners especially if the song depicts a story. The pictures in the story may be presented while parts of the song related to the picture are sung. The theory underlying these approaches leans on the behaviourist perspective. Palmer (1957) summarizes the process of learning a language as receiving the knowledge or materials (stimulus), retaining it by repeating it both mentally and verbally, and using it in practice until it becomes a skill which later on becomes second nature to the individual. The issue now comes for people who would have deficiencies in the skills of memory and repetition. Does that mean they will be unable to learn another language due to their limitations? If these language teaching approaches are effective in the classroom, how would it translate to outside the classroom? It would be alri ght if the students live in the country where the target language is spoken since there would be several people whom they can practice their new skills with. If they live in their home country, however, where the target language is constrained within the classroom, then there would be no other people to practice with and understand what they are saying especially in the home if

Monday, August 26, 2019

POWER, POLITICS AND POLICY Essay Example | Topics and Well Written Essays - 2000 words

POWER, POLITICS AND POLICY - Essay Example By 1980s, the immigration policy of the United Kingdom had two spikes where there very serious controls to the entry as well as strict protection of the rights of minority groups. The two prongs had contradicting effects on the position of the immigrant communities as well as their children born in Britain. As a result, the decline in manufacturing caused difficulty in obtaining work permits for both unskilled and semi-skilled workers but easier for high skilled professional workers (Bauer, Lofstrom & Zimmermann 2001: Jones 1973). This means that the largest percentage of the immigrants was coming from America, who invaded the industries and the banking sector. Australia, New Zealand and South African citizens were entering the country by taking the advantage of family ties. People from the South Asian region such as India, Pakistan and Bangladesh were entering the country as medical practitioners (Spencer 2002). The riots that took place in the year 1981 mostly occurred on racial lines. In the city of Brixton, which was the spiritual home of the afro-Caribbean community living in Britain, the rioting youth were claiming that the police were targeting black people believing that they were going to stop crime in the streets. There were also similar riots in the cities of Midlands and Liverpool (Steiner, Alston & Goodman 1996). In 1987, the appearance of British politics changed after the election of four politicians who were not white. This was the first time for this to happen during the same general election. Campaigners suggest that for equal representation of all people means that the number on non-white members in the House of Commons should at least be fifty-five. New legislation against discrimination in the year 2000 came in response made about the manner the police handled the 1993 murder of Stephen Lawrence who was a black teenager. After the collapse of

Sunday, August 25, 2019

London as a case study of successful urban planning

London as a of successful urban planning - Case Study Example For this reason, road signs have been placed by the local authorities to help distinguish the city’s boundaries. Central London is famous for the many squares and terraces of beautiful period houses within it. The region has numerous blocks of ancient flats. Urban development planning in London has been praised for being successful. The foundations of modern London can be traced back to the era between 1919 and 1939 (Budd and Whimster, 1992). According to Budd and Whimster (1992), â€Å"a combination of planning acts, major regional plans and what are now the bases of London Underground Ltd and British Rail Network Southeast structured the roots of the city as it is known today† (p. 279). The Holden and Holford Plan of 1951, Abercrombie Plan of 1944, Forshaw Plan of 1943 and the 1940 Barlow Report contained major plans for the city of London. The framework for the planning of London was set by the Barlow Report. Generally, London has been structured by a division of its central activities. The west part of the city hosts retail, administrative and political activities, while the east hosts commercial activities. Over the years, activities in most cities have shifted and London has not been left behind in this transformation. The city too has experienced a great shift from manufacturing activities to serv ices. In fact, the shift experienced in London is termed to be greater than those in other big cities in Western Europe. During the late twentieth century, London began amending its strategic planning. There has been upgrading of transport and urban planning through Transport for London and the London Plan respectively (Sorensen and Okata, 2011). The London plan is a crucial citywide plan for London while Transport for London is a â€Å"multi-modal transport agency† (Sorensen and Okata, 2011, p. 195).It can be said that London has applied strategic planning to achieve sustainable urban development. In

A case study Teva Pharmaceutical Industries, Ltd Essay

A case study Teva Pharmaceutical Industries, Ltd - Essay Example The present revenue is $13.9 billion and the net income is $2.000 billion. Labour force is one of the main input for Teva and the current number of employees is 35,089. Comparing the cost structure for innovative and generic cost structure for the year 2005, the net sale was cent percent for the both but the gross profit was lower   for the generic with respect to the innovative. However, the rate of growth of total sales was higher for generic than the innovative. There was a positive correlation between gross profit and R&d expenses, SG & A expenses (Bank of America Securities). The revenue was gradually increasing til 2005 in U.S., Western Europe and rest of the world (Medical and healthcare marketplace guide). The annual sale of Teva is highest comparing with its all competitors. Teva has sold a large proportion of their total production in U.S.(Medical and healthcare marketplace guide). In number of employees and market capitals, Teva was maintaining the leading position. Comp aring the strategic position with its competitors, we can say that there were considerable differences in case of total market share in U.S., growth in U.S., number of products in U.S. and also the FDA approvals (Medical and healthcare marketplace guide) in 2005. Teva maintained the leading position in all these strategic position as well as in the case of profitability. Revenue growth and net income growth is incomparably higher than its competitors are. In 2005, Teva made a deal with highest value worth $ 7,367 million.  Ã‚  Ã‚  

Saturday, August 24, 2019

Ethical Criteria and its relationship with business negotiation Essay

Ethical Criteria and its relationship with business negotiation - Essay Example The main ethical criteria in businesses are utilitarian, universalism, categorical imperative, justice views, individualism, and social justice relativism and their relation to business negations. One of the ethical criteria is the Utilitarian criterion in which a business executive makes decisions solely based on the outcomes and consequences. Many businesses use the criterion to make decisions in the provision of the greatest good and for the greatest number. The criterion ensures that the decisions made create efficiency for the organization as it struggles to achieve its goals (Ferrell & Gresham, 1985). The method also aims at increasing the productivity of the business resulting in high profits of the company or the business enterprise. When a business executive maximizes profits, he can support his action that the decision he made as for the good of the organization. The use of Unitarianism leads to productivity and efficiency in an organization but can make the executive ignore the rights of some stakeholders especially the minority group making them feel unaccepted. The users of the criterion feel that they need to protect the organizations interest and the shareholde rs. Businesses require the stakeholders to hold negotiations especially when making important decisions. The criterion does not allow free negotiations and discussions by the company’s stakeholders as a single individual makes the decision for the benefit of the company. The choice of the action to be taken is determined by the largest number of stakeholders supporting it. The categorical Imperative involves the universal practice such that everyone is allowed to practice the proposed action. Kant developed the criterion and individuals wishing to use the criterion or the test should know that they would need to adopt the morality of the action. The morality of the action is the key to the adoption of the test, and