These pieces of advice to Garret are based on the English contract law and instances of case laws.
Unfair terms in the Contract Law
In signing the contract, Garrett was bound by all the Hoder’s standard conditions of hire printed on the back irrespective of whether Garret had seen and read the contract form or not. This claim is therefore dismissed, L’Estrange v Graucob [1934] 2 KB 394. The Court of Appeal held that when the contractual document is signed with no fraud and misrepresentation, then the signing party is bound – it is irrelevant whether they have read the contractual document or not.
Incorporation of Clauses
Garrett did not see a large notice displaying Hoder’s ‘standard conditions of hire’, some of which were printed in red. In the case law, Olley v Marlborough Court [1949] 1 KB 532, the Court of Appeal dismissed a notice on the back of the door because the plaintiff had no opportunity to see them before signing the contract. Likewise, in the case of Garret, he entered the showroom, but no terms and conditions were drawn to his attention. Thus, based on a large notice displaying standard conditions of hire, Hoder may not rely on them if they are not brought to the customer’s attention. The case law, Parker v South Eastern Railway (1877) 2 CPD 416 shows that when a client does not know or see the writing on the back of the ticket, then the conditions do not bind them. In the case of Garret, however, the Court would establish that GB has an account and dealt with Hoder before. Garrett must therefore prove that he did not know the receipt had writing on the back for conditions. Garrett is still bound if the receipt was delivered in a way to show the writing on the back. That would act as a reasonable notice for standard hire conditions.
Duty of Care
Based on the available pieces of facts, Garett is legally responsible for the loss of the digger. The Court must establish the duty of Garrett under the hire contract. In this case, Garrett cannot simply dismiss a common law duty of care because he did not see the contract that he signed. Under the Gloag and Henderson Law of Scotland, Garett’s duty of care was culpa levis. That is, it was not high standard in the interest of Hoder as he would have exercised in his interest. It was ordinary or slight negligence for Garrett, leading to the total loss of the digger. Copland v Brogan 1916 SC 27 shows that an agent has the authority to exercise reasonable care when handling the property.
Bell’s Principles,Wilson v Orr (1879) 7 R 266 demonstrates that the hirer of equipment under the terms of a contract is under an obligation to exercise a duty of care and restore the equipment in condition as that it was in before hiring. However, if the equipment suffers damages or is lost without the mistake of Garrett, then Hoder bears the responsibility, and Garrett is satisfactorily discharged of any obligation if at all he had exercised reasonable care. However, the burden of proof rests with Garrett, he must demonstrate the cause of the total loss, and at least sufficiently prove that the cause occurred due to factors beyond his control. Again, McLean v Warnock (1883) 10 R 1052 confirms the existence of a duty of care in such a case. Garrett must explain what happened to the digger, which might not be easy.
Consideration is an important element of a contract. A contract can only be binding once the parties have offered their considerations (Macleod 2012: Marson 2013). In Kuwait Rocks Co v AMN Bulkcarriers Inc. [2013] EWHC 865 (Comm) (18 April 2013), the charterers agreed to make payments for hire of a vessel called Astra. Under clause 5 of the contract between the two parties, the payment was net of bank charges. The clause further indicated that a breach of the charter party would grant the owner authority to remove the vessel from the charterers without predisposition to any claim (Holman Fenwick Willan 2014). However, clause 31 of the contract provided provisions for errors and omissions. The provisions of this clause required the charterers to inform the owners in writing of such errors and to correct the same within two days (Hill Dickinson LLP 2013).
Prior to the case, the general position “was that non-payment of hire allowed the owners to withdraw the vessel and to claim for unpaid hire only, but the owners had to show a repudiatory breach of contract” (Serzhantova 2014, p. 1). In this case, the owners of the vessels had to show indications of not being bound by the terms of the contract and to recover further damages. In the earlier cases that were ruled, the market for the vessel was doing well and in most cases the owners stood a chance to gain immensely from such withdrawal.
In this case, the judge issued a decision that was contrary to the general position. The judge ruled in favour of the owners of the vessel and this implied that the owner stood a chance to recover the amount of the unpaid hire as at the date of withdrawal and other damages that arose from loss of future earnings. Further, it can be pointed out that the market for hire was deteriorating and there was a high possibility that the owners were going to incur substantial losses from the premature withdrawal. Thus, it can be observed that the decision made by the judge implied a change in the earlier general position that was used to decide the cases relating to hire of vessels.
The ruling in this case will have an impact on the future cases relating to hiring of vessels. For instance, the ruling is likely to have an impact on pending cases that relate to the credit crisis. Also, the decision in this case lowers the risks to which owners of vessels are exposed to especially in a falling market. The ruling increases the choices that the owners have especially when faced with a defaulting charterer. However, the owners must ensure that they end the contract appropriately otherwise they may be in a repudiatory breach. On the other hand, the decision in the Astra case increases the responsibility of the charterers (Rainey 2013: Worthington 2003). Thus, the charters will need to take extra precaution before delaying payments, not making payments or making undecided deductions from the payment for hire. Further, the decisions in the Astra case may result in a change of the wording of the contracts. The changes in the wording may focus areas that deal with making deductions from the payment for hire. This will offer some safety to the charterers (Ince $ Co International Law Firm 2013a: Ince $ Co International Law Firm 2013b).
References
Hill Dickinson LLP 2013, Payment of hire: finally a condition of certainty! The Astra, Web.
Ince $ Co International Law Firm 2013a, Shipping e-brief, Web.
Ince $ Co International Law Firm 2013b, The Astra: single hire default entitles owners to withdraw and claim loss of profit for the remaining charter period, Web.
Macleod, J 2012, Consumer sales law: the law relating to consumer sales and financing goods, Routledge, USA.
Marson, J 2013, Business law, Oxford University Press, USA.
Rainey, S 2013, The law of tug and tow and offshore contracts, CRC Press, USA.
Sterzhantov, I 2014, Recent English case law, Web.
Worthington, S 2003, Commercial law and commercial practice, Hart Publishing, USA.
HR managers act as mediators between the company and its workers, protecting the interests of both sides and ensuring positive outcomes for any conflicts arising. Hence, it is crucial for HR specialists to understand the official federal and state laws that apply to their work.
The Civil Rights Act of 1991
The purpose of the Civil Rights Act of 1991 was “to strengthen and improve Federal civil rights laws, [and] to provide for damages in cases of intentional employment discrimination” (CRA, 1991, p. 1). The Act prohibits the discrimination on the basis of race, color, religion, sex, age, and disability and allows employees to seek compensation if they were subject to intentional discrimination (CRA, 1991).
The CRA (1991) provides employees with a right of recover compensatory and punitive damages from discriminating employers. In addition, the CRA (1991) imposes limitations on the amount of monetary damages to be paid out by employers, depending on their size. The CRA (1991) also allows any party to demand a trial by jury, which provides an opportunity for employees to protect their interests in court. Title III of the CRA (1991) also extends anti-discrimination laws to Senate and other government employees, which is an important addition to the 1964 CRA policies.
The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA, 2016) aims “to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; [and] to help employers and workers find ways of meeting problems arising from the impact of age on employment” (p. 1). The Act prohibits employers from discriminating against employees based on their age.
The Act prohibits age discrimination of workers by their employers and deems all acts of age discrimination by employers unlawful (ADEA, 2016). Also, age discrimination by labor organizations and employment agencies is prohibited and may be subject to a penalty (ADEA, 2016). The actions against people of older age are only permitted if the differentiation is based on reasonable factors other than age, or if employee age is reasonably necessary to the normal operation of the business (ADEA, 2016). Moreover, the Act states that employee benefit plan or voluntary early retirement incentive plan shall not compensate for involuntary retirement based on age discrimination (ADEA, 2016). Finally, the Act establishes investigation and trial practices, as well as the employee’s opportunity to receive monetary compensation in the case of age discrimination (ADEA, 2016).
The Americans With Disabilities Act of 1990
The Americans With Disabilities Act of 1990 aimed to protect people with disabilities from discrimination in workplaces. According to the act, it is unlawful for employers “to discriminate against disabled employees or job applicants based on their disabilities if they were otherwise qualified to perform their jobs” (Jackson, 2017, para. 1).
The definition of disability by ADA includes any physical or mental impairment that limits the person’s daily life activities, including hearing, seeing, speaking, walking, taking care of oneself, breathing, learning, performing manual tasks, and working (Jackson, 2017). The ADA states that if the person with said limitations is qualified and able to perform essential job functions, the employer cannot discriminate against him or her (Jackson, 2017). The ADA also requires employers that hire disabled persons to make reasonable accommodations to make the work environment more accessible to them (Jackson, 2017). Finally, the ADA defines the consequences of discrimination by disability, allowing employees to file an official complaint on the business and on the state in which the business is located (Jackson, 2017).
Conclusion
Besides the three most important laws discussed above, there are also many state laws and regulations, as well as internal company policies, that HR managers have to consider. Good knowledge of applicable laws and policies protects the company from lawsuits, allowing HR managers to anticipate conflicts and advise employers on certain hiring or termination decisions.
References
Age Discrimination in Employment Act of 1967 (ADEA). (2016).
Companies should enjoy a legal right to hire replacement workers during strikes due to several reasons. First, the employers need to ensure the survival of their companies during strikes and this can only be achieved by hiring temporary replacements. The hiring of temporary replacements as opposed to permanent replacements may help to lessen some of the risks associated with hiring striker replacements such as costly legal suits and an increase in violent acts. Second, employers should be allowed to hire replacement workers not only to maintain the balance of relative bargaining power between the companies and the labor unions but also to reduce labor costs. It has been argued that passing legislation that seeks to ban the hiring of replacement workers during strikes would significantly shift the balance of relative bargaining power to labor unions at the expense of the employing entities (Holley, Jennings, & Walters, 2012).
Allowing companies to hire replacement workers during strikes would also ensure that workers go on strike for justifiable reasons as they have full knowledge that they can be legally replaced during a strike. Employers have used the tool of threatening to hire replacement workers to bring the striking workers to the negotiating table (Holley et al., 2012). However, although employers should be allowed to hire replacement workers, the process should only include the hiring of temporary workers to avoid suits of breach of contract when the permanent strikers are reinstated after a settlement is reached or upon making an unconditional request for reinstatement to the employer. It may also be difficult to replace a large number of striking employees quickly, hence the need to hire temporary replacement workers as negotiations proceed with the respective unions representing the permanent employees.
Union’s Duty and Impacts
Labor unions the world over are mainly charged with the responsibility of providing a fair representation to unionized workers, particularly in terms of bargaining for their interests in labor relations (Pohley & Luchak, 2014). The implications of providing a fair representation are many and varied for employers, with available literature demonstrating that most employers view the union movement as a destabilizing force in their quest to reduce labor costs and enhance worker productivity (Godard & Frege, 2013). The two-year Crystal Sugar strike serves as an example of how the employer refused to meet the demands of workers due to feelings that the Bakery, Confectionery, Tobacco Workers, and Grain Millers (BCTGM) union was unfairly increasing labor costs and constricting employee productivity (Elk, 2013). Other employers have viewed unions in a positive light, arguing that their representation duty has had a positive impact on employee turnover and satisfaction while simplifying collective bargaining agreements.
The duty of fair representation has impacted unions in terms of giving them the authority to rectify the imbalance of power by developing some semblance of equality in bargaining over the employment contract between employees and companies, ensuring that employers come to a collective agreement with employees to have access to a stable labor force, and developing frameworks for labor market bargaining (Godard & Frege, 2013). The inability of the BCTGM union to force Crystal Sugar to agree to a collective bargaining agreement with employees, for example, demonstrates the diminishing power of unions due to reasons such as globalization of labor, outsourcing, government action, and competition (Elk, 2013). Lastly, employees are impacted by the union’s duty of fair representation in terms of having an avenue to collectively air their concerns and challenges to the employer and also to negotiate with the employing entity concerning their wages, work hours, and other terms and conditions of employment.
Godard, J., & Frege, C. (2013). Labor unions, alternative forms of representation, and the exercise of authority relations in the U.S. workplaces. Industrial and Labor Relations Review, 66(1), 142-168.
Holley, W.H., Jennings, K.M., & Wolters, R.S. (2012). The labor relations process (10th ed.). Mason, OH: South-Western Cengage Learning.
Pohley, D.M., & Luchak, A.A. (2014). Balancing efficiency, equity and voice: The impact of unions and high-involvement work practices on work outcomes. Industrial & Labor Relations Review, 67(4), 1063-1094.
Diversity hiring goes beyond simply recruiting minority candidates but requires a competent approach that finds and develops competent and fit for the job candidates. Particularly in law enforcement, where there are immense pressures and simultaneous responsibilities, candidates must be vetted appropriately. At the same time, there is a need for a diverse police force that can represent the communities it serves. Prior to hiring candidates, they need to be attracted and recruited. One of the best means to attract diverse candidates is to present a ‘brand’ for the force that is diverse. That includes more minorities in women in promotional material, having more diversity among recruiters, and meaningfully, seeking to diversify leadership positions (Gibbs, 2018). If potential candidates see this representation and an environment that seeks to embrace diversity, they are likely to seek employment.
Furthermore, efforts should be made to reduce unconscious bias that is inevitably present in everyone. However, structures that promote impartiality can aim to reduce it. For example, the hiring process should be standardized, regardless of the candidate (with only difference potentially for indicators between men and women in some physical aspects). There should be implemented metrics and evaluation scales that determine the fit of the candidate for the police force (Gibbs, 2018). These best practices will influence policy by providing information on how to shape recruitment and hiring activities in a way that promotes diversity but retains impartiality and professionalism to ensure maximum competency in the process.
Interview Analysis
The interview was conducted with a police captain at my local precinct via Zoom. The officer indicated that the precinct did not have a specifically targeted policy for diverse hiring, but he emphasized that the leadership has greatly encouraged human resources to seek out greater diverse candidates from local communities that the precinct serves. There are several large communities of African Americans as well as communities with a large presence of diverse immigrants, including Muslims, the Indian subcontinent, and Hispanics. Therefore, the department seeks to find strong candidates that can represent these communities, but the official policy remains that of full impartiality and hiring based on qualifications and competencies.
The captain indicated that he believes diversity policies should not impact the impartial hiring process but suggested that such policies may be needed when it comes to the culture at the precinct and the training of officers. He mentioned that the high-profile cases of bad policing stem from individuals choosing to disregard biases and poor training. In these aspects, he says, a diversity policy should be implemented to ensure that the force remains vigilant and professional when working with minority communities. Going forward with my policy, I think the insights from the interview will likely shift my priority to focusing more significantly on training in the context of diversity while seeking to maintain a more impartial approach to recruitment.
Recruitment Plan
Recruitment Policy
The aim of recruitment is to find, hire, and develop in a fair and impartial manner, candidates that represent the diverse range of populations that the law enforcement precinct serves daily and who embody the values and principles important to modern police officers as servants of the law and the local communities.
Recruitment Strategies
Use of diverse representation in promotional material and recruitment staff.
Shift departmental policies and culture to be inclusive and seek to embrace diversity both within and outside in local communities served through interaction and collaboration.
Focusing on using appropriate, culturally appropriate, and inclusive communication that relays the importance of the law enforcement mission and values and the goals of community policing.
Establishing a fair and impartial hiring process that does not discriminate and seeks to find competent candidates regardless of their personal background or characteristics (that do not directly impact their ability to serve).
Establishing a diversity quota of a certain percentage of racial/ethnic minorities and women, but flexible, meaning that only candidates that fit all requirements should be hired, potentially underfilling these quotas. No candidate that does not meet the requirements should be hired solely based on race or gender.
Recruitment Activities
Recruitment activities in local communities and institutions (such as colleges and trade schools).
Social media promotions and ease of applying online for further contact.
Recruitment in locations with high diversity potential
Advertising and brand image promotion demonstrate equality and community-focused policing of the local law enforcement.
Hiring Process
Two-person interview with HR and then an interview with the department leader where the candidate will be working.
Physical and mental fitness test and evaluation.
Undergoing full academy training prior to employment.
Academy Training
High-intensity training on cultural diversity and racial awareness
Innovative methods of learning about diversity, including situational simulations and problem-based learning and finding solutions when dealing with a range of situations or populations within communities.
Key skills such as communication, de-escalation, problem-solving, and socialization (Sloan & Paoline, 2021).
Strategies of community policing and practical implementations (bringing recruits out to communities) to develop these connections and strengths from the early stages of service.
Conclusion
It is evident that diversity is key to a modern and functional police force. In order to achieve this, recruitment policies have to be developed that implement the latest diversity hiring practices and strategies. Law enforcement is unique in that it requires highly competent candidates, so while recruitment can consider diversity, the hiring comes down to the candidate demonstrating certain skills. However, there are also methods that diversity can be implemented both in training and in the culture and behaviors of police officers to generate a more inclusive environment.
An individual chosen for the interview is a college president. Their responsibilities include overseeing all operations from academic to administrative and ensuring that the institution runs smoothly and achieves its intended objectives. Jason Brad is a college president in a medical school and is responsible for ensuring that the institution is effective. In the interview, Brad stated that he plays a crucial role in hiring and retaining employees by developing policies and standards that guide the operation.
Recruiting, Selecting, Orienting, and Retaining Teachers and Staff
As a college president, I play an integral role in the hiring, selection, orientation, and retaining of teachers and staff. I participate in developing performance standards, and I am responsible for evaluating all academic and classified college personnel. For example, I take part in developing policies and regulations that guide the hiring, orientation, and retention of employees in the school.
Laws and Regulations When Evaluating Teachers
Education Reform Act of 2010 provide guidelines for the evaluation of teachers. The legislation demand that non-tenured certificated employees get annual evaluations based on set criteria for evaluating performance. The local boards are required to develop performance evaluation criteria that are mutually agreed upon by local school systems and the sole employee representatives for teachers and principals.
Methods of Assisting Marginal Teachers
As a college president, I have facilitated development techniques to help marginal teachers. Firstly, we offer constructive coaching and good professional growth and development direction. Secondly, we give teachers with personal issues a few important and sincere words of encouragement, support, respect, and love. Lastly, teachers who have a bad attitude are informed clearly and directly about their incompetence.
Counselling and Progressive Discipline
Our institution uses a four-step process in counselling and progressive discipline. The first step is verbal counselling to bring the problem to an employee’s attention. The second step is a written warning containing warning information, feedback, and commitments made in the previous step. The third step is suspension without payment, which depends on the situation and considers the employment act. The final step is termination if the issue is not resolved after an appropriate warning.
Determination of Salary
Employees’ salary is based on experience, expertise, and education. Individuals with high experience receive higher pay than those with little experience. The institution uses employees’ education levels to determine the pay rate for full-time arrangements. For example, highly educated individuals receive more pay than others. A person’s expertise in a given area determines the amount they receive as salary.
How Classroom Data Used to Measure Teacher’s Performance
The information collected from the classroom plays an integral role in measuring teachers’ performance. Firstly, a teacher’s extent of engagement with the students is used to determine whether they are teaching effectively or not. A good teacher engages all the students in a classroom. Secondly, learners’ test scores in the classroom show teaching effectiveness. A high test score is an indication that the teacher is performing well.
Selecting Teachers and Staff
As a college director, my duty is to ensure that the school selects the best teachers and staff. Based on this, we often look for the level of intelligence, subject matter expertise, pedagogical abilities, emotional intelligence, cultural intelligence, and requisite educational experience. In addition, we uphold a reputation to protect the institution’s image and the ability to communicate effectively.
Orientation of Teachers
Firstly, new employees are introduced to all staff and informed about their roles and positions in the institution. They are then shown their respective departments and offices throughout the compound. Secondly, the employees are given a booklet containing the school’s mission, vision, and values. Thirdly, the new staff are trained for about 14 days on the organization’s culture and informed what is expected of them when delivering services.
Challenges of Dealing with Personal Issues
There are several challenges that come with the management of personal issues. Firstly, the inability to share due to fear of being judged and perceived as weak. In most cases, individuals are likely to keep the issues to themselves. Secondly, personal problems have a serious impact on a person’s life. As a result, they take a lot of time to be solved effectively. Thirdly, personal issues require relevant skills for an effective solution.
Conclusion
A college president is important because they assist in managing the school. As the leader of a college, one of the crucial tasks is to ensure that the best candidates are hired, trained, and retained (Anderson et al., 2019). A president sets performance standards and judges the work of all academic and classified college staff (Gearhart et al., 2020). In the medical school, Brad’s main role is to set a vision for the college and provide continuous leadership and direction for running all the programs and services in line with board and State law (Banks, 2019). The president is responsible for the day-to-day operations of the institution. They oversee prepared policies that guide employee recruitment, orientation, and retention (Boggs et al., 2022). For example, during the termination of employees, the president created a culture where the standard of just cause is followed to avoid lawsuits (Erdogan & Demirkasimoglu, 2016). Therefore, Brad is a good leader due to his commitment to ensuring that the school runs smoothly.
References
Anderson, M., Woods, A. D., & Walker, R. (2019). The linkage of ethics and leadership to the decision making process of hbcu college presidents. Academy of educational leadership journal, 23(1), 1-11. Web.
Banks, C. E. (2019). Going the distance: An examination of HBCU presidents’ leadership styles and mentoring experiences. Trevecca Nazarene University.
Gearhart, G. D., Nadler, D. P., & Miller, M. T. (2020). The effectiveness and priorities of the American college president: Perceptions from the faculty lounge. Journal of Research on the College President, 4(1), 9. Web.
In their article titled ‘Looking for Hire Ground’, Amber Ruddy, Mandy D’Autremont, Jamine Carmichael and Richard Truscott have analysed the adversities and impacts of labour shortage on small and medium industries, particularly after the recession of 2009. They have also examined how these enterprises are trying to cope with the situation.
In addition, they have made a critical analysis of the measures initiated by the government to reduce the severity of the situation. The authors’ conclusions are made on the basis of an all-inclusive survey conducted in Western Canada in which several CFIB members responded to the issues raised in the research. It became apparent from the outcomes of the research that the entire region suffers from a severe shortage of labour, which will continue to impose heavy challenges on the capabilities of these industries to run successfully.
The authors have collected authentic data that reveal a meaningful picture about the seriousness of the situation. They have correctly stated that 79 percent of SME firms in Western Canada are facing difficulties for the last three years and that almost half of these expect the situation to worsen in the coming three years. The problems appears to be awesome because the maximum demand by these industries pertains to the need to hire more sales and construction personnel, but there are very few available with the requisite skills.
Given the bleak prospects for improvement of this situation in the future, business owners have taken the right action in taking stronger initiatives by way of offering higher wages and incentives such as flexible working hours, provision of leased vehicles and offerings relative to personalised and exclusive retention bonuses.
However, although it is true that labour shortages increased significantly after the 2009 recession, the period immediately preceding the recession had also witnessed labour shortages, particularly in Western Canada. The recession had somewhat diluted the pressure in some industries but the authors’ contention is supported by the fact that Canada currently faces a situation in which a higher percentage of the population is aging and will soon retire, thus creating further shortage of skilled and semi-skilled labour.
The authors have correctly concluded that labour shortages in Western Canada have led to higher opportunity costs for the country. This is corroborated by the fact that 51 percent of the respondents had not opted to exploit new business opportunities in view of non-availability of required staff. It is also true that although the government has started taking some initiatives by making policy changes in regard to issues applicable to small and medium industries, a lot more needs to be done in order to overcome the hurdles that were created because of the recessionary pressures of 2009.
However, in contrast to what the authors have asserted, shortage of labour in Western Canada will be less serious in occupations that do not require highly qualified people. But it is true that even low-skilled workers are not available to fill up vacancies and this situation will create further complexities as the Canadian economy begins to pick up after the recession get over. In addition, it is also apparent that although the government is making efforts through policy changes and introduction of programs to make labour more skilled and competent, a wider perspective needs to be adopted in overcoming the problem of shortage of labour.
Although the authors have made an exhaustive analysis of the issue of labour shortage in Western Canada, they have missed out in making pertinent suggestions relative to making the required information about labour needs available to educational institutions. This would have allowed the introduction of appropriate educational curriculums in creating skilled and qualified personnel in the coming future.
The problem may continue for some time but with the addition of more skilled and qualified people in the labour force, it will gradually get diluted. This will allow youth to have the flexibility to choose the professions of their choice, which will give them greater job satisfaction and hence result in greater productivity.
Given the large numbers of jobs that cannot be filled because of skills shortage, youth will have greater choice to choose jobs that are in greater demand. Another contribution the authors could have made in resolving the issue was highlighting the need to tap the massive potential that lies amongst the recent migrants and aboriginal people in Western Canada. The government ought to introduce programs to assist these people in acquiring higher skills and qualifications in order to make them eligible to fill up the increasing vacancies in SME industries in Western Canada.
I would certainly recommend the report to be read by small business owners because it provides exhaustive material on the problems faced by these industries. The report will allow these business owners to become prepared to face the impending challenges as also to find solutions in keeping with the limited resources they have access to in terms of human resources. In conclusion, it can be stated that the strongest argument put forth by the authors is that the government alone cannot resolve the given issues because there are other stakeholders such as trade unions, business associations and educational institutions that have to take new initiatives to improve the situation in the coming future.
This paper focuses on the importance of accurately selecting the right action as a manager while conducting various essential activities in a company. Some key considerations that are going to be discussed in a managerial perspective includes; laying off employees, dressing code, employee monitoring, performance appraisal and individuals promotions.
How to lay off people
In order to fairly lay off employees, as a manager it will be essential to consider acceptable criteria like the performance of the employee and not the time when the employee joined the company. It will be unjust and of negative consequence to the culture of the company to lay off employees because they are still new. In essence according to Jackson (2008) the company’s perception will be derailed if the manager or the human resource manager conducts unjust dismissal, this may even percolate to the company’s performance.
As a manager, I will therefore perform dismissal on the basis of performance and I will conduct the lay off with honesty and integrity in order to maintain the hardworking culture of the company. Using performance will also inspire the new workers to work even harder while the best performing workers will feel appreciated for their work. Since a company’s goal is to achieve its objectives, any poor performance may sabotage the company’s goals.
Establishing a dress code
Dressing code is one of the most essential sections of a company because it portrays an image to the clientele. Clients can easily judge the culture, attitude and expectations of a company based on how their staffs are dressed. It cannot be overemphasised how important dressing code is to a company’s culture which will be portrayed to the potential customers.
I will therefore as a manager create a dress code based on what I deem important for creating an acceptable perception of the company in the eyes of the clients. I will also define what is proper and improper according to the company’s culture.
Monitoring employees during working hours
Monitoring employee’s performance is one of the most essential factors for an organization. The rationale for this is to ensure that the company is focused on its objectives through the performance of its staff. Despite the professionalism and the experience of the employees, such employees can cease being focused if they perceive the company’s management as reluctant (Torrington, 2008).
I will therefore install a monitoring program and explain to the employees why there is need to take such actions. This will thus create the firmness of the company as well as making the employees responsible while undertaking their duties. Such an action will also be important when undertaking appraisal of the employees.
Conducting performance appraisal
A company can conduct performance appraisal based on different factors such as performance, behaviours and attitudes of employees (Torrington, 2008). These factors varies with organizations and thus important to consider organizational culture before deciding on the performance appraisal criteria.
As a manager, I will consider both the behaviour and performance as the key appraisal factors because of the long term benefits of the company. The rationale for this decision is to avoid unethical practises that primarily focus on sales figures rather than the long term consequences of the employee’s actions. My first option will thus be using behaviour to conduct performance appraisal before I consider the performance of the employee.
Promoting individuals
Promoting employees differ in criteria and based on the organization’s culture, it is thus imperative to consider organizational culture and objectives in order to perform promotions. Some organizations can opt for seniority criteria while others opt for objective performance (Torrington, 2008).
As a manager, I will opt for objective performance rather than seniority in order to focus the employees on the objectives of the organization rather than focusing their attention on their seniority status which may weaken their job performance.
Conclusion
This analysis has discussed how I will lay off employees based on their performance as accepted criteria. It has also focused on my choice of what I deem proper and improper based on the company’s culture.
I have also demonstrated the important of employee monitoring as a way of avoiding employee reluctance. In performing employee performance appraisal, I will opt to consider employees behaviours before I consider their results because of the long term benefits of the organization. More so, I have stated objective performance as a way of conducting promotion rather than seniority.
The most crucial part of acquiring a job is the interview process. There are quite a number of questions that a person will be asked at the interview, which he or she must answer in an accurate and timely manner.
The purpose of the interview is to establish whether the company is hiring the right person to perform a job. The interview normally comes following an application letter that has been sent by the person aspiring to be inducted into the company. Following these basic steps, will help to determine a person’s ability to beat other interviewees.
One must always have proficient knowledge on the company. This means that a person has to have all the information about the company accessible through research. It is also extremely beneficial to dress appropriately when going for an interview.
The individual has to find out the nature of dressing that may be required of its employees. One particularly useful thing to remember is to carry a copy of your resume, as well as your portfolio and samples of your work. Assuming that the copy that you sent to the panel is sufficient will not do. It also makes you appear considerate.
It is also particularly relevant to make firm handshakes with the interview panel members in case they reach out to greet you physically. This is very significant since it demonstrates self-assurance, which will go a long way in assuring the members that they are dealing with a confident individual. One may also make direct eye contact with the people at the company.
You may sit on a chair only when invited to do so by the members of the panel. Not all interviews are done while seated as much as there may be a chair that is free. You must always sit in an upright position and remain calm at all times. Try to avoid talking with hand gestures and various bodily movements since it may make you appear anxious. Body language speaks a lot and many interviewing board members look out for tell tale signs of anxiety.
When answering questions that have been asked, it is always important to try to avoid gap filling words like “uh” and “you know” since it is necessary to appear eloquent and fluent when speaking. It will be much better to take a second or two in order to draw together your opinion before answering a question. This demonstrates a person’s ability to make an informed decision.
It is also very pertinent to be aware of the answers that you give to the panel. Quite a number of questions are standard operating procedure when it comes to interviews. You must be able to determine the common questions and go through them properly.
Quite a number of guides are available that can help a person when he or she is going for an interview. They may be accessed on the internet or in bookstores. Learning the standard rules that are always applicable when going for an interview helps prepare a person for the process.
It may get the person prepared and help him, or her to become the most suitable candidate for the available position. Although the questions are not always the same since various companies have different interests, following these rules will go a long way in assisting a person to get the job that he or she applied.
At this point, the senior executives of Best Built Casinos have to develop the strategies for hiring and retaining workers. This task is particularly important at the time, when many clients of the company may not want to use their services and the management has to right-size their workforce.
First of all, they need to find candidates that can best meet their performance requirements. This is why they should focus on the pre-employment screening of their workers. In particular, they need to look at the previous work experience of these people, and the references that their former employers can provide.
It should be noted that in some cases, the pre-employment inquiries of companies can pose significant difficulties for them, especially if they try to get access to the information that is confidential. For example, many conflicts arise when employers ask questions regarding the disability of a candidate (Dale, 2003, p. 210).
Apart from that, businesses are not allowed to discriminate against a candidate, if this person has a record of being a whistleblower. The problem is that many workers can be dismissed if they report illegal activities in which businesses can be engaged. However, companies must not take this issue into account when evaluating a future employee (Reuvid, 2005). If the managers of Best Built Casinos overlook these issues, they can face many legal challenges.
Business administrators should also develop a formal recruitment and retention policy. It should include the standards that future candidates should reach. The managers should also identify a set of qualities and competencies that their employees should have. These criteria can help the company identify and recruit the best professionals.
Moreover, business administrators should adopt the most objective performance assessment methods. These techniques should identify the contribution of every worker and reward them for their performance (Edenborough, 2007). In this way, they can retain the best employees. These are the main elements of the retention and recruitment policies.
Furthermore, references obtained from other companies can also greatly benefit Best Built Casinos. As it has been said before, the evaluations provided by the former employers of a candidate can be very informative, since they can throw light on the attitudes, values, and performance of candidates (Dale, 2003, p. 210).
However, they should not try to obtain private information about an employee. Additionally, the candidates should be able to challenge or dispute the reference if they believe that it is inaccurate (Dale, 2003, p. 210). This is the main issues that the business administrators should keep in mind when developing their policies.
Finally, the senior officers of this company should focus on the rightsizing of the organization. They should remember that frequent lay-offs of workers can lead to the conflict with trade unions. The management should take several steps. First of all, they should assign workers to those projects that are understaffed. Secondly, they need to offer unemployment relief to their workers.
These are the strategies that Best Built Casinos should implement at the time, when the financial performance of this organization can decline. Moreover, they need to develop an effective HR policy and find ways of rightsizing the company. Furthermore, they should establish better relations with trade unions since these organizations are responsible for protecting the workers’ rights. These are the main steps that they should undertake.
Reference List
Dale, M. (2003). Manager’s Guide to Recruitment and Selection. New York: Kogan Page Publishers.
Edenborough, R. (2007). Assessment Methods in Recruitment, Selection & Performance: A Manager’s Guide to Psychometric Testing, Interviews and Assessment Centres. London: Kogan Page Publishers.
Reuvid, J. (2005). Managing Business Risk: A Practical Guide To Protecting Your Business. Boston: Kogan Page Publishers.