Remuneration and Employee Benefits-Free-Samples for Students

Question: Discuss about the Manage Remuneration and Employee Benefits. Answer: Aim of Remuneration The remuneration strategy at Star Industries is aimed to attract and retain top quality employees by bringing changes and develop further skills and knowledge. In order to ensure effectiveness the management and the team has to ensure that each team member is remunerated according to the work he/she has done. The organizational policies are related to the reward procedure (Marchington, Wilkinson, Donnelly and Kynighou, 2016). The organisation The organization will be giving away the wages as per the industrial standard without differentiating among the employees. This will give a fair position to the organization. The salaries of the employees are kept after consulting with the GM, Finance and Administration, HR Manager Etc. For the purpose of disbursing salary the Star Industries has classified the responsibilities according to three levels. The employees The employees are promoted according to the performance. The ratings are given by the management on the basis of the individual performance. The purpose is to guarantee long-term sustainability and goals. The employee is upgraded with the applicable proposal in relation with the results. Impacts of 5 external factors while developing remuneration plan Market plus philosophy: The employees are been paid in excess to the ongoing market rates. Market minus philosophy: The employees are paid lesser than the nominal industry pay. This strategy is based on paying lesser that the pre-decided market rates. It is important to consider the ongoing legislation regarding the remuneration. The management need to consider all the external factors including taxation while planning out the remuneration plan. The compensation and other benefits concerning the area need to be considered on priority in order to develop an effective plan. Impact of 5 internal factors while developing a remuneration strategy The internal policies of the organization and yearly appraisal cycle need to consider. Market standing of the organization need to be considered before development of the compensation policy Organizational policies The internal environment of the organization Effective HRM strategies followed in the organization(Bloom and Van Reenen, 2011) Job evaluation and its impacts on organisations Job evaluation is an important technique necessary to evaluate the individual performance. In order to gain long-term objectivity it is important to evaluate individual capacity on the basis of performance. Rewards at Star Industries are distributed on the basis of their performance. Employees performing at par are been rewarded monetarily. This allow in gaining recognition and long term understanding in between the employees and the employers (Scullion and Collings, 2011). The organization is able to gain competitive over the other organization in the industry. In order to gain sustainable objectives it is important to evaluate individual performance without any biasness. This provides them with a strong base to perform well. This will help in gaining sustainability among the employees. The overall purpose it to understand the employees behavior and giving them a chance to grow efficiently. 3 job evaluation methods used at STAR Industries This policy related to the job evaluation is reviewed annually. After 12 months of permanent service, every employees has to make an extra contribution to the superannuation Fund. The contribution starts on the next payday after the first anniversary. For retaining employees, STAR Industries is devoted to attracting and retaining top quality employees. The organization ensures that the employees are highly satisfied develop additional skills and information essential to guarantee STARs continuing success. Internal relativity/equity Job evaluation is one of the important aspects in systematic progress for evaluating the relative worth of the organization. A wide-ranging analysis at every position derives value for the employer. The job evaluation is a measurement tool for the internal relativity. The analysis contributes to draw an effective job design. This process thereby helps in providing a specific competency by understanding skills and competency required to meet the job functions. The overall goal of the organization is to evaluate the job evaluation program where the employee is promoted as per his qualification and responsibility. The job evaluation needs to be conducted considerably in order to imitate the current role and procedure. It is done to give recognition to existing employees There expectations is to retain the most efficient employees in the organization and to provide them with a guaranteed growth (Werner and DeSimone, 2011). The organization has a better human resource policy helping them. Job Ranking is the simplest technique to make a job assessment by ranking jobs in order from highest to lowest. Job Classification divides the Groups in comparable positions into job classes based on pre-defined class terms. The Point Factor is widely used technique to conduct internal relativity. Job descriptions are evaluated to compensable factors. Points are allocated to the variety of factors that obtain a total score and conclude the appropriate pay level (Armstrong and Taylor, 2014). Lastly the Factor Comparison technique is used to identify Benchmark positions based on compensable factors. The factors are assigned in term of monetary and non-monetary functions. External relativity/equity Employees tend to make comparison with the organization in the same industry. It is thereby allowing in making a quick comparison. Star Industries is paying the best remuneration in the industry. Employees do compare it with the other companies that tend to raise their expectations (Noe, Hollenbeck, Gerhart and Wright, 2007). Interpersonal relativity/equity People tend to compare their salary with the other people working in the organization. Star Industries is paying remuneration as per the level of experience with the company. There is no bias in case of disbursement of salary. Employees are paid according to the amount of experience and the level at which he/she is working (Stahl, Bjrkman and Morris, 2012). Steps to validate employees effort to reduce turnover Employee motivation is the key to gain trust in employees. Employees leave the organization in case if they are not given recognition. For gaining employees trust it is important to develop a systematic recognition process. It is recommended that the organization should carry out the recognition process by evaluating it on the yearly basis. Employees should be listened in the appraisal meeting and should be given an opportunity to measure effective growth (Schuler and Jackson, 2008). Methods applicable In order to realize employees efforts the organization need to realize individual efforts. There is an effective appraisal, compensation and bonus method. Bonus is been paid on the annually basis. Employees are given an opportunity to present their views and provide with an effective review at the end of the year. Salary surveys, wages and benefits paid in industry or geographical location The Level 1 management positions includes General Manager, Manufacturing General Manager, Sales. The base salary for this category is (LL) $74,000 to (UL) $104,000. The Level 2 management positions are: General Manager, Finance Administration IT Services Manager The base salary for this category is (LL) $63,000 to (UL) $80,000. The Level 3 management positions are: General Manager, Human Resources General Manager, Marketing Area Sales Managers. The base salary for this category is management positions is currently (LL) $55,000 to (UL) $63,000. Whereas the salary of the CEO is higher than Level 1, and is evaluated annually by the Board of STAR Industries. Possible market positions an organisation The organization is positioned at one of the most effective place by gaining employees interest. They are deliberately functioning to provide with applicable results. Star Industries is giving the best remuneration in the industry and thereby giving employees with other benefits in order to grow more efficiently. They have eventually gained a better position in the market due to its objectives and zeal to over perform. The employees are hired on best packages that are helping in meeting the objectives of the organization (Price, 2007). Range of benefits The benefits are been offered at the prudence of the CEO and the Managers at STAR Industries. They receive an annual bonus connected straight to performance of the organization. The Bonuses given to the employees are reviewed annually. The Incentives Level 1-3 managers are also engaged in the Manufacturing and Marketing of STAR Industries. Employees, who are under the direct employment for a continuous 12 years of service, will add a supplementary 2% to every management level, or an extra 1% to each usual employees superannuation. This part is completely employer-funded Policy. The purpose is to guarantee long-term sustainability and goals Salary packaging The salary is based on the different level of pay scale at each and every level. There are three levels in the organization. Salary is being paid according to the pre-decided remuneration. Moreover the base salary for Level 1 is divided into $74,000 to (UL) $104,000. The level 2 is receiving a salary of $63,000 to (UL) $80,000 whereas the level 3 is receiving a salary of (LL) $55,000 to (UL) $63,000. Impact of FBT on salary packaging, novated leasing arrangements and reporting requirements At Stars Industries the Benefits are reviewed annually and applied to Level 3 and above Management positions. It is evident to notice that the FBT is applicable on some benefits. This technique allow in retaining the employees for a longer time-period. It creates a sense of belongingness with the organization. An employee feel accomplished and wants to work more proactively in organization growth. The overall purpose is to gain relativity in terms of growth and competitiveness. It is one of the employee retention technique used by the employers to create differentiation in the mind of the employees. It is possibly done in order to create relationship between employee and employer. In order to retain employees the Level 3 employees are receiving FBT. This is important for gaining organizational goal. Recommendations to STAR Industries to be an employer choice It is recommended that the organization need to develop an effective employee engagement and management plan. This is for guaranteeing a systematic growth. An employee requires growth after a definite period of time. The organization is dedicated towards individual growth and development. In order to gain long term sustainable growth the organization has to develop an effective employee retention plan. This can be made possible by complying with the effective policies (Storey, 2007). Further the organization has to develop a well-managed plan by motivating an individual growth and development. By improving the current HRM function it is possible to manage the organization in the most appropriate way. . Rewards at Star Industries are distributed on the basis of their performance. Employees performing at par are been rewarded monetarily. The overall purpose is to gain competency on a long run and to attain longevity in term of employee retention. The employer has to develop an effective an appropriate function by gaining long-term effectiveness. The purpose of the human resource management function is to develop an effective growth status. This is to provide an individual growth to the employees and to manage growth References Marchington, M., Wilkinson, A., Donnelly, R. and Kynighou, A., 2016.Human resource management at work. Kogan Page Publishers. Noe, R.A., Hollenbeck, J.R., Gerhart, B. and Wright, P.M., 2007.Fundamentals of human resource management. Boston, MA: McGraw-Hill/Irwin. Price, A., 2007.Human resource management in a business context. Cengage Learning EMEA. Schuler, R.S. and Jackson, S.E., 2008.Strategic human resource management. John Wiley Sons. Scullion, H. and Collings, D., 2011.Global talent management. Routledge. Stahl, G.K., Bjrkman, I. and Morris, S. eds., 2012.Handbook of research in international human resource management. Edward Elgar Publishing. Storey, J., 2007.Human resource management: A critical text. Cengage Learning EMEA. Werner, J.M. and DeSimone, R.L., 2011.Human resource development. Cengage Learning. Armstrong, M. and Taylor, S., 2014.Armstrong's handbook of human resource management practice. Kogan Page Publishers. Bloom, N. and Van Reenen, J., 2011. Human resource management and productivity.Handbook of labor economics,4, pp.1697-1767.

The Legitimacy Of The Armed Struggle Of The Tamil People Essay Example For Students

The Legitimacy Of The Armed Struggle Of The Tamil People Essay Democracy may mean acceding to the rule of the majority,but democracy also means governments by discussion andpersuasion. It is the belief that the minority of today maybecome the majority of tomorrow that ensures the stabilityof a functioning democracy. The practice of democracy inSri Lanka within the confines of a unitary state served toperpetuate the oppressive rule of a permanent Sinhalamajority. It was a permanent Sinhala majority, which through a series oflegislative and administrative acts, ranging fromdisenfranchisement, and standardisation of University admissions,to discriminatory language and employment policies, and statesponsored colonisation of the homelands of the Tamil people,sough to establish its hegemony over people of Tamil Eelam. These legislative and administrative acts were reinforced fromtime to time with physical attacks on the Tamil people with intentto terrorise and intimidate them into submission. It was a courseof conduct which led eventually to rise of Tamil militancy in themid 1970s with, initially, sporadic acts of violence. The militancywas met with wide ranging retaliatory attacks on increasinglylarge sections of the Tamil people with intent, once again tosubjugate them. In the late 1970s large numbers of Tamil youthswere detained without trial and tortured under emergencyregulations and later under the Prevention of Terrorism Actwhich has been described by the International Commission ofJurists as a blot on the statute book of any civilised country. In1980s and thereafter, there were random killings of Tamils bythe state security forces and Tamil hostages were taken by thestate when suspects were not found. We will write a custom essay on The Legitimacy Of The Armed Struggle Of The Tamil People specifically for you for only $16.38 $13.9/page Order now The preamble to the Universal Declaration of Human Rightsreads: Whereas it is essential if man is not compelled as alast resort to rebellion against tyranny andoppression, that human rights should be protectedby the rule of law.The rise of the armed struggle of the Tamil people constituted theTamil rebellion against a continuing Sinhala oppression over aperiod of several decades. The gross consistent and continuingviolations of the human rights of the Tamil people have been welldocumented by innumerable reports of human rightsorganisations as well as of independent observers of the SriLankan scene. Walter Schwarz commented in the Minority Rights GroupReport on Tamils of Sri Lanka, 1983The makings of an embattled freedom movementnow seem assembled: martyrs, prisoners and apitiful mass of refugees. Talk of Biafra which hadsounded misplaced in 1975, seemed less unreal afew years later As this report goes to press inSeptember 1983, the general outlook for humanrights in Sri Lanka is not promising. The presentconflict has transcended the special considerationof minority rights and has reached the point wherethe basic human rights of the Tamil community therights to life and property, freedom of speech andself expression and freedom from arbitrary arresthave in fact and in law been subject to gross andcontinued violations. The two communities aremow polarised and continued repression coupledwith economic stagnation can only producestronger demands from the embattled minority,which unless there is a change in direction by thecentral government, will result in a strongerSinhalese back lash and the possibility of outrightcivil war. David Selbourne remarked in July 1984: The crimes committed by the Sri Lankan stateagainst the Tamil minority against its physicalsecurity, citizenship rights, and politicalrepresentation -are of growing gravity.. Reportafter report by impartial bodies By AmnestyInternational, By the International Commission ofjurists, By parliamentary delegates from the Westby journalists and scholars have set out clearly thescale of growing degeneration of the political andphysical well being of the Tamil minority in SriLanka Their cause represents the very essence ofthe cause of human rights and justice; and to denyit, debases and reduces us all. .u78806983e624299db06526246a0f4bfd , .u78806983e624299db06526246a0f4bfd .postImageUrl , .u78806983e624299db06526246a0f4bfd .centered-text-area { min-height: 80px; position: relative; } .u78806983e624299db06526246a0f4bfd , .u78806983e624299db06526246a0f4bfd:hover , .u78806983e624299db06526246a0f4bfd:visited , .u78806983e624299db06526246a0f4bfd:active { border:0!important; } .u78806983e624299db06526246a0f4bfd .clearfix:after { content: ""; display: table; clear: both; } .u78806983e624299db06526246a0f4bfd { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u78806983e624299db06526246a0f4bfd:active , .u78806983e624299db06526246a0f4bfd:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u78806983e624299db06526246a0f4bfd .centered-text-area { width: 100%; position: relative ; } .u78806983e624299db06526246a0f4bfd .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u78806983e624299db06526246a0f4bfd .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u78806983e624299db06526246a0f4bfd .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u78806983e624299db06526246a0f4bfd:hover .ctaButton { background-color: #34495E!important; } .u78806983e624299db06526246a0f4bfd .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u78806983e624299db06526246a0f4bfd .u78806983e624299db06526246a0f4bfd-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u78806983e624299db06526246a0f4bfd:after { content: ""; display: block; clear: both; } READ: Biology And Human Evolution EssayA Working Group chaired by Goran Backstrand, of the SwedishRed Cross at the Second Consultation on Ethnic Violence,Development and Human Rights, Netherlands, in February 1985concluded:There was a general consensus that within SriLanka today, the Tamils do not have the protectionof the rule of law, that the Sri Lankan governmentpresents itself as a democracy in crisis, and thatneither the government, nor its friends abroad,appreciate the serious inroads on democracy whichhave been made by the legislative, administrative,and military measures which are being taken. Theextreme measures which are currently beingadopted by the government inevita bly provokeextreme reactions from the other side The normallife of the (Tamil) population of the North has beenseriously affected. People either have greatdifficulty or find it completely impossible to continuewith their employment and there is a severeshortage of food and basic necessities Many Tamilsare daily fleeing across the Palk Straits to SouthernIndia. The continuing colonisation of Tamil areaswith Sinhalese settlers is exacerbating thesituation and the country is on the brink of civilwar.Senator A.L.Missen, Chairman, Australian Parliamentary Groupof Amnesty International, expressed his growing concern inMarch 1986:Some 6000 Tamils have been killed altogether inthe last few years These events are notaccidental. It can be seen that they are the result ofa deliberate policy on the part of the Sri Lankangovernment Democracy in Sri Lanka does notexist in any real sense. The democracy of Sri Lankahas been described in the following terms, termswhich are a fair and accurate descri ption: Thereluctance to hold general elections, the muzzling ofthe opposition press, the continued reliance onextraordinary powers unknown to a freedemocracy, arbitrary detention without access tolawyers or relations, torture of detainees on asystematic basis , the intimidation of the judiciary bythe executive, the disenfranchisement of theopposition, an executive President who holdsundated letters of resignation from members of thelegislature, an elected President who publiclydeclares his lack of care for the lives or opinion of asection of his electorate, and the continuedsubjugation of the Tamil people by a permanentSinhala majority, within the confines of an unitaryconstitutional frame, constitute the reality ofdemocracy, Sri Lankan style.The reports speak for themselves and that which emerges is achilling pattern of a forty year genocide attack on the Tamilpeople intended to subjugate them within an unitary SinhalaBuddhist state. Karen Parker of the Non Governmental Human RightsOrganisation, International Educational Development put itsuccinctly at the 42nd Sessions of UN Sub Commission on theProtection of Minorities. The Universal Declaration of Human Rights statesthat all persons, including members of minoritygroups, have the right to the full realisation of theirhuman rights and to an international order in whichtheir rights can be realised. The Sri Lanka situation has shown that for the pastforty years, the Sinhala controlled government hasbeen unwilling and unable to promote and protectthe human rights of the Tamil population, and theTamil population has accordingly lost all confidencein any present or future willingness or ability of theSinhala majority to do so. Are people in thissituation required to settle for less than their fullrights. Can the international community impose on apeople a forced marriage they no longer want andin which they can clearly demonstrate they havebeen Abused? We consider that in the case of SriLanka, 40 years is clearly enough for any group towait for their human rights.The inhabitants of the Northeast of the island of Sri Lankaconstitute a people and are thereby entitled to the right of selfdetermination. Since it has been recognised that the exercise ofthis right is not designed to dominate others but rather to escapedomination by others, the international community, through theGeneral Assembly Resolutions on Friendly Relations AmongStates (Resolution 2625) and on Definition of Aggression (act 7)and 1977 Additional Protocol I to the Geneva convention of1949 (Act 1 C4), declared that as a last resort armed strugglecan be used as a method of exercising the right of selfdetermination. The Sri Lankan governments use of force indenying the Tamils right to self determination is in violation ofArticles 1 (2), 1 (3), 2 (4) and 56 of the United Nations Charter. .u31becf01386856392e309dbd4db6f5dd , .u31becf01386856392e309dbd4db6f5dd .postImageUrl , .u31becf01386856392e309dbd4db6f5dd .centered-text-area { min-height: 80px; position: relative; } .u31becf01386856392e309dbd4db6f5dd , .u31becf01386856392e309dbd4db6f5dd:hover , .u31becf01386856392e309dbd4db6f5dd:visited , .u31becf01386856392e309dbd4db6f5dd:active { border:0!important; } .u31becf01386856392e309dbd4db6f5dd .clearfix:after { content: ""; display: table; clear: both; } .u31becf01386856392e309dbd4db6f5dd { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u31becf01386856392e309dbd4db6f5dd:active , .u31becf01386856392e309dbd4db6f5dd:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u31becf01386856392e309dbd4db6f5dd .centered-text-area { width: 100%; position: relative ; } .u31becf01386856392e309dbd4db6f5dd .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u31becf01386856392e309dbd4db6f5dd .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u31becf01386856392e309dbd4db6f5dd .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u31becf01386856392e309dbd4db6f5dd:hover .ctaButton { background-color: #34495E!important; } .u31becf01386856392e309dbd4db6f5dd .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u31becf01386856392e309dbd4db6f5dd .u31becf01386856392e309dbd4db6f5dd-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u31becf01386856392e309dbd4db6f5dd:after { content: ""; display: block; clear: both; } READ: Cloning and Stem Cell Research EssayThe Tamil people have been subjected to brutal and crudepersonal psychological and institutional violence by the Sri Lankagovernment and its agencies. The Sri Lanka Government hasbuilt up a massive 70,000 member armed force constitutedexclusively of Sinhalese and allocated immense funds for itssupport. The Tamils have resorted to arms to defend themselvesand the war being waged by the Liberation Tigers is a defensivewar. Unlike the measures adopted by the Sri Lankangovernment, this struggle is not aimed at domination; instead itserves to protect the sovereign identity of the Tamil people. The armed struggle of the Tamil people is both just and lawfulbecause the rule of law for the Tamil people had ceased to exist;because the Government of Sri Lanka had become a racistgovernment; and because the oppressed people of that racistgovernment were compelled to resort to arms to defendthemselves against that oppression. Based on reason and international law and coupled with theabsence of any internal or external machinery to realise the Tamilright to self determination, the Tamils resistance evolved frompeaceful agitation to armed struggle. As Professor Reisman ofthe Yale Law School states, insistence on non violence anddeference to all established in a system with many injusticescan be tantamount to confirmation and reinforcement of theseinjustices. In some circumstances violence may be the lastappeal.. of a group.. for some measure of human dignity. The international communitys recognition of a Peoples right todefend themselves and to use force to secure their legitimatepolitical objectives is reinforced by the contemporary politicaldiscourse. The formation of armed forces by the Ukraine,Moldavia; Georgia and Armenia and the European CommunitysPeace plan for Yugoslavias current crisis are all proof of theabove mentioned proposition. The legitimacy of the armed conflict of the people of Tamil Eelamwas afforded open international recognition when the combatantsin the armed conflict, participated in talks with a speciallyappointed Minister of the government of Sri Lanka at meetingsconvened by the Indian Government at Thimphu in 1985. It wasa legitimacy which was reinforced in February 1987, by theUnited Nations Commission on Human Right when it adopted aresolution on Sri Lanka in which the armed conflict wasdiscussed in terms of humanitarian law. Again, it was a legitimacywhich the Indo Sri Lankan Agreement signed by the PrimeMinister of India and the President of Sri Lanka in July 1987,recognised when it described the Tamil militant movement ascombatants in an armed conflict. Finally, in 1989/90, theLiberation Tigers of Tamil Eelam engaged in direct talks with thegovernment of Sri Lanka and were accorded recognition ascombatants. The statement made on behalf of the joint Front of TamilLiberation Organisations at the Thimphu Talks in 1985 serves tounderline the just and lawful nature of the struggle of the Tamilpeople:We are a liberation movement which wascompelled to resort to the force of arms because allforce of reason had failed to convince thesuccessive Sri Lankan government in the past. Further under conditions of national oppression andthe intensification of state terrorism and genocideagainst our people, the demand for a separate statebecome the only logical expression of theoppressed Tamil people. Our armed struggle is themanifestation of that logical expression.The future of that lawful armed struggle clearly falls to bedetermined in the context of the security of the Tamil people andtheir right to self determination and these are matters forresolution across a negotiating table, not in vacuum.

Soliven V Makasiar Case Digest free essay sample

This is a petition for certiorari and prohibition to review the decision of the RTC of Manila. The facts are stated in the resolution of the Court regarding G. R Nos. 82585, 82827 and 83979; wherefore, the petitioner’s were lump together considering these cases were same in character. In these consolidated cases, 3 principal issues were raised: 1) whether or not petitioners were denied due process when information for libel were filed against them although the finding of the existence of prima facie case was still under review by the Secretary of Justice and, subsequently, by the President; 2) whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses to determine probable cause; 3) whether or not the President of the Philippines, under the Constitution, may initiate criminal proceedings against the petitioners through filing of a complainant-affidavit. The following subsequent events informs about the first issue that rendered moot and academic: On March 30, 1988, the Secretary of Justice denied petitioners’ motion for reconsideration and upheld the resolution of the Undersecretary of Justice sustaining the City Fiscals finding of a prima facie case against petitioners; Also another motion for consideration filed by petitioner Beltran was denied on April 7, 1988; On appeal, the President, through the Executive Secretary, affirmed the resolution affirmed the Resolution of the Secretary of Justice on May 2, 1988; And on May 16, 1988, The Executive Secretary denied the motion for reconsideration. We will write a custom essay sample on Soliven V Makasiar Case Digest or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The second issue calls for an interpretation of the constitutional provision on the issuance of arrest warrant. The third issue argues on the presidential privilege of immunity from any suit. Petitioner’s Contention: Petitioners’ contention is that they have been denied the administrative remedies available under the law has lost factual support. Petitioner Beltran’s contention is that he could not be held liable for libel because of the privileged character of the publication. Petitioner Beltran also claim that to allow libel case to proceed would produce a chilling effect (fear) on press freedom. Issue: Whether or not freedom of speech was abridged. Ruling: Libel is not protected by the free speech clause, and some provocative statements which if taken literally will appear disrespectful and cause shame on behalf of public figures specially the President rendering them irritated, bothered, and could cause hindrance and distraction to their job. Finding no grave abuse of discretion amounting to excess or lack of jurisdiction on the part of the public respondents, the Court resolved to dismiss the petitions in G. R. Nos. 82585, 82827, and 83979. Hence, the writs for certiorari and prohibition prayed for cannot be issued.

Tobaco Indusrty Influence essays

Tobaco Indusrty Influence essays Over the last five years, researchers have calculated that the teenage smoking rates have climbed tremendously. Graph number one shows a steady increase in the number of teenagers who smoke heavily. Graph number two shows how teenage smoking has made a comeback, and how the number of teen-agers smoke occasionally and who develop heavier habits has increased sharply in recent years. The tobacco industry and the critics have very different ideas why this rapid increase of teenage smoking is developing. The tobacco industry says the increase of teenage smoking is due to a broad range of social forces. The tobacco industry also notes that not only the use of cigarettes have increased, but also the use of marijuana and other drugs. The industry also states that teenagers tend to rebel to the increasing efforts to stop them from smoking. Tobacco industries say that the critics over exaggerate the effects of their marketing. They also point out that teenage smoking is also increasing in countries where most forms of advertising have been banned. The critics of the tobacco industry agree with the industry that rebelliousness and other forces are a contributing factor, but say it is not the prime reason of the increase in teen smoking. The critics say the industry is the most important factor to the upraise. The industrys spending on domestic advertising and promotions have soared form $361 million in 1970, to $4.83 billion in 1994. That is a 250 percent increase. A big part of the reason for the surge in teenage smoking was an expansion by both Reynolds and Philip Morris in giveaways. Items like T-shirts were given out in return for coupons accumulated by buying their cigarettes. Some critics say it is Hollywoods long love affair with smoking that seems to be heating up. Cigars, they say, symbolize success as portrayed in movies like The Associate. In conclusion whether the increase of teenage smoking is...

Stocks Returns Investment Analysis Essay Example | Topics and Well Written Essays - 1000 words

Stocks Returns Investment Analysis - Essay Example The value of R-square suggests that all variable have explained the excess returns of MYR by 47.22% which is a moderate percentage. If the intercept of the equation is analyzed, it can be observed that it is insignificant because p-valued computed is higher than the critical value of the 0.05 level of significance. Excess marker return is the best predictor among the three variables, so that it has predicted a beta coefficient of 1.7, which means that the stock is quite risky as it 0.7 time more than that of the market. However, SMB and HML did not effectively predict the excess returns of MYR.The model fit of TAH reflects that it is not quite good as hardly 14% of the stock return is explained by the model. Another interesting thing that can be noticed is that all the three variables of the Three Factor Model are unable to predict the excess returns of TAH as all of them having p-values higher than the critical values of 0.05 which is the significant level. Hence, the excess return of the TAH is found to be independent of the Three Factor Model.If the model fit of BHP is observed, it can inferred that the overall model fit is quite strong as it presents that around 77% of excess returns of BHP are explained by the Three Factor Model. If individual factors are analyzed, it can be noticed that intercept remained insignificant due to higher p-value statistics. EMR has come out as the best predictor indicating a beta coefficient of 1.38, which reflects that the stock is 38% more risky than the market.

Dollars and Dreams Essay Example | Topics and Well Written Essays - 1500 words

Dollars and Dreams - Essay Example There are still others that see it as a land of waste and consumerism where the abundance is so overflowing that there is not enough space to hold all that is produced and thrown away. The truth that it is a place of hardship where people work hard to barely survive is rarely the worldwide perception of the American Dream. The film Dollars and Dreams: West Africans in New York (2007) is a documentary that discusses the experience and phenomenon of immigration from West Africa to the United States. The documentary film makers explore the truth of life in New York for those who have migrated from West Africa into what they thought would be an easier and more successful life. Through a narrative that includes successful, surviving, and struggling immigrants from West Africa, the film creates an alternative perspective on the experience of living in New York and in the United States. The producers of the film were Jeremy Rocklin an Abdel Kader Ouedarogo with Jeremy Rocklin directing and it is distributed by Documentary Educational Resources. One of the first statements made in the film is by Chika Onyeani who is the Publisher and Editor in Chief of The African Sun Times is that there is a perception that in America money grows on trees. CEO of Cape Aloe Ferox Worldwide, Arthur Smith, states in the film that the dollar is almighty and that they think it is easy in America and Zain Abdullah of Temple University reveals that the first surprising thing that immigrants from West Africa experience is that there is poverty in America and that it is not as easy to find riches in the land of opportunity. The concept of opportunity becomes more real in the sense that while there may be opportunity, one has to search and find it (Rocklin & Ouedarogo, 2007). Zain Abdullah continues to discuss the culture of immigrants as they live a life of deception where they struggle by working two or three jobs, but then present their experiences to those back home as fulfilling the expect ations that they had when they left their home to travel to the new land. The deception is based on the perceptions that are promoted in West Africa that there is nothing but riches in the United States and to go to America and struggle would be perceived as a failure. Abdullah states that it is like going into a gold mine and coming out with nothing to show for the effort (Rocklin & Ouedarogo, 2007). Kaira-Murdock (2008) writes that the reason that Jeremy Rocklin an Abdel Kader Ouedarogo decided to create this documentary was to create a more realistic view of New York for West Africans before they made the decision to migrate from their homeland and seek their fortunes. The realities of New York and the rate of poverty, even among the working poor, is something that is not considered when making the decision to move. The film is visually unsettling as the garbage in the street and the unattended urban setting is contrasted to the affluent speakers who discuss the realities of movi ng to New York, even though the majority of the initial speakers have clearly found their own success in this country. The real problem with immigration from other nations is that the image of America is based upon Hollywood idealism that is shown in films. Racism based on blackness is rare in West Africa so the experience of being oppressed comes as a surprise for many of the people who move to New York. Kaira-Murdock (2

Business entities Essay Example | Topics and Well Written Essays - 1500 words - 1

Business entities - Essay Example The former is considered to be a prescriptive approach, and the latter an explanatory, descriptive, or predictive approach. Normative business ethics is the domain of philosophers and theologians, while empirical business ethics is considered to be the domain of management consultants and business school professors. Scholars who represent these different domains are said to be guided by different theories, assumptions, and norms which often result in misunderstanding or lack of appreciation for each others endeavors. The normative approach, rooted in philosophy and the liberal arts, focuses its attention on questions of what ought to be, and how an individual or business ought to behave in order to be ethical. The empirical approach, rooted in management and the social sciences, is generally concerned with questions of what is, assuming that the organizational world is basically objective and "out there" awaiting impartial exploration and discovery. Empiricist answer questions of what is by attempting to describe, explain, or predict phenomena in the natural world using the agreed-upon methodologies of their social scientific training. The social scientist may devalue the philosophers moral judgments because these judgments cannot be understood in empirical terms and cannot be verified by empirical testing or be used to predict or explain behavior. The social scientists statements about morality, on the other hand, are seen to be of little value to the philosopher because such statements do not address the essential questions of right and wrong. Normative ethical theories develop standards by which the propriety of certain practices in the business world can be evaluated. In contrast, the empirical approach focuses on identifying definable and measurable factors within the individual psyches and social contexts that influence individual and organizational ethical behavior. (Trevino 1994) Gary Weaver and Linda Tevino have outlined three