Autobiography Essay Example | Topics and Well Written Essays - 1500 words

Autobiography - Essay Example Besides, I hope that my autobiography will be helpful for those who are ready to follow their dreams and to make use of each and every opportunity in life. Introduction Some people say that life is full of happiness and one must be enthusiastic towards life. But some others say that life is not that much easy and one must be cautious about the unexpected problems in life. When I was a child, I got confused because some were optimistic and some others were pessimistic towards life. Once, I discussed this problem with my mother. She pointed out that this difference was due to one’s outlook on life because pessimistic people provide importance to the darker side of life and the optimistic people provide importance to the brighter side of life. Then, I came to realize the fact that one need not grumble on one’s personal problems. Instead, one must try to find out an apt solution to overcome one’s personal problems. This is the most important lesson taught by my mothe r and it deeply influenced the course of my life. About my family and me Do you consider 1987 as an important year in the calendar? I guess 1987 may be an unimportant year for you. But for me, 1987 is the most important year in my life. To be specific, I my parents heard my first cry in 1987, the exact date, April, 21. My ancestry is deeply rooted in Dominican Republic, where I spent my childhood years. I need to provide a clearer picture of my native place. The City of Santiago is my exact birthplace. My city belongs to the northern part of my motherland. Brown (1999) states that, â€Å"Santiago de los Treinta Caballeros (â€Å"The Town of Thirty Gentlemen†), commonly referred to simply as Santiago, was initially founded in 1498 by Columbus who built a fort on a hill bordering the Yaque River† (p.10). I feel so proud of my native place (city) because it is generally considered as a cultural hub in Dominican Republic. Besides, this city provides ample importance for in dustrial development. If you happen to visit my city, you can see a number of industries based upon leather goods, especially, shoes and other type of apparels. Another importance of my city is that it is surrounded by a number of mountains which act the role of a natural barrier against natural calamities. Besides, my city is rich in natural resources, especially dense forests. Coming back to the point, my parents are blessed by three children, Jairon Fortuna (my older brother), Victor Fortuna Jr. (my younger brother), and me. My father’s name is Victor Fortuna, and my mother’s name is Elida Pacheco. So, my childhood with my parents and my brothers is most memorable because I can recollect each and every incident happened during my childhood. My life in Dominican Republic My life in City of Santiago, Dominican Republic, was enriched by pre-school memories. One can see that pre-school (Kindergarten) life is so special for a child who is so enthusiastic towards learning new things. I considered learning as a natural phenomenon in human life and this attitude helped me a lot to be a successful student. For instance, my school life at the Luz Y Vida School in the City of Santiago proved to be successful and memorable. Besides, I did not consider the process of studying as a burden and tiresome effort. This attitude towards school education helped me to gain acceptance from my teachers and friends. The end result was two awards, one for perfect attendance and another for good behavior at school. Later in 1997, my family moved to

Procter & Gamble Financial Analysis Essay Example for Free

Procter Gamble Financial Analysis Essay What began as a small family-run candle and soap business, grew through innovation, creative marketing and partnerships to become the largest consumer goods company in the world. William Procter, emigrating from England, established himself as a candle maker in Cincinnati, which was a busy center of commerce and industry in the early nineteenth century. And James Gamble, arriving from Ireland, apprenticed himself to a soap maker. The two might never have met had they not married sisters Olivia and Elizabeth Norris, whose father convinced his new sons-in-law to become business partners. As a result, in 1837, a bold new enterprise was born: Procter Gamble. William Procter was born in 1801 in England. As a boy, he worked as general store apprentice, learning to â€Å"dip candles† – a skill that would later lead to both fame and fortune. His first entrepreneurial venture, however, met with disaster. The day after opening, his dry goods shop in London was robbed, leaving Procter $8,000 in debt – a huge sum in 1832. Determined to rebuild, he and his wife decided to immigrate to the United States. While traveling down the Ohio River, Mrs. Procter became ill and died a few months after their arrival in Cincinnati. Procter first worked in a bank. He then decided to use his past experience as a candle maker to earn extra income and help pay off his debt. He took advantage of the fat and oil by-products from Cincinnati’s large meatpacking industry. Procter began as a one- person operation – manufacturing, selling and delivering candles to his customers in the area. During this time, he also met and proposed to Olivia Norris, the daughter of a prominent candle maker in town, Alexander Norris. Meanwhile, James Gamble was born in 1803, in Ireland. He immigrated with his family to America in 1819 as part of a mass exodus from Northern Ireland. They were headed for Illinois, but during the trip, James Gamble, then 16, became violently ill; his parents took him ashore in Cincinnati. By the time James recovered, the family had decided to stay. At 18, James began an apprenticeship with a local soap maker, then years later, opened his own soap and candle shop with a friend. Before long, Gamble met and married Elizabeth Ann Norris, the second daughter of Alexander Norris. The business began during nationwide panic and depression. But the struggling young firm survived. Cincinnati proved a sound business base because as a meat packing center, it offered plenty of fat and oil for soap and candle making. †¢The Procters’ eldest son, William A. Procter, was the first PG President in 1890. †¢Son Harley T. was the company’s first Advertising and Sales Manager. He named Ivory Soap. †¢The Gamble’s eldest son, James N. Gamble, invented Ivory Soap and founded the first laboratory in PG history.

Human Trafficking Essay -- Ethical Issues, Gang, Mafia

"An ounce of cocaine, wholesale: $1 ,200. You can sell it only once. A woman or child is $50 to $1,000 but you can sell her each day, every day, over and over and over again. The markup is immeasurable." (Human Trafficking) says David Sutherland who plays Bill Meechan an ICE agent in Lifetime's movie Human Trafficking. The buying and selling of humans is an age old issue that has dated as far back as 1750 B.C. Although slavery is illegal in the United States, we still see it happening in our own towns and cities all through America. Each year there are over 20,000 woman and children illegally imported across the United States borders for domestic and sex slavery. Laws, some new, and many that have been around for hundreds of years, have been passed and approved by congress to protect our natural rights. In order to alleviate instances of human trafficking and sex slavery, society as a whole must demand that government be harsher, more diplomatic and aggressive to fight this "special evil" (Landesman 1), as President Bush referred to it. There needs to be more money in the hands of immigration and naturalization to control our borders better, and more government funding in education to raise awareness of human trafficking for our own protection and for the protection of individuals Kevin Bales, President of Free the Slaves (a nonprofit organization to support the victims of human trafficking) estimates that today there are over 20,000 women and children annually trafficked across United States borders. It is said that at any given time there are an estimated 30,000-50,000 people being held in captivity in the United States (Landesman 4). The women and children that are bound into this sick and tw... ...nd children trafficked across the world. At any given time there are over 30,000 victims of this "special evil". Just the amount of women stuck in captivity within the United States is more than the amount trafficked worldwide. This is an unbelievable problem socially, economically, and morally. These women are tortured, mentally and physically, daily for as long as they can last in this entrapment. Each year there is an Mease 8 -", estimated 7 billion dollars earned in shadow market. This money is used for drugs, gangs, mafia, violence, and other types of domestic slavery. AIDS and many other diseases are also spread because of this issue. There is absolutely nothing positive that could ever come from human trafficking. Together citizens and authorities of government can combat this problem with the tools of education and government funding.

Improving Study Habits Essay

â€Å"The greatest time saver is being organized. Establish routines that go like clockwork.† Maximizing time makes an individual productive. Personal time management is organizing and managing according to personal priorities, to get where one wants to go. Those who use this technique are the highest achievers in all walks of life. The interesting and essential step in beginning to manage time more effectively is to identify how time is being spent, because only through examining, one can begin to set priorities, eliminate time barriers and aids to better time management. In the course of Bachelor of Science in Psychology, students need to learn many skills that are needed in practicing the actual profession. Psychology students have so many academic requirements to prioritize, but they also have extra-curricular that are important as well, and they always need to cope with time pressure. College is an entirely different situation than high school. Classes consist of far fewer grades, but they are worth it when you are done. Do not tell yourself, â€Å"I’ll read the assignment later,† because often times you merely end up cramming right before the test; research indicates that cramming is not the best (nor is it the worst) method of studying. At first, different factors can affect the academic performance of a students in order to achieve success, going through the steps are necessary. It should provide time for students to review activities and prevent too many errors that results to unaccomplished tasks or tasks that are accomplished, but after several attempts to do so. It reduces avoidance and welcomes other opportunities that could help in preparing for other tasks. This study will contribute to the perception of the future psychology students in prioritizing the academic activities and requirements in terms of importance and urgency. The researchers conducted a survey regarding the said topic at Centro Escolar University among the second year psychology students. The purpose of this study is to identify the factors affecting the study habits and the effects to academic performance on psychology students’ particularly in the second year level. Habits (or wonts) are routines of behavior that are repeated regularly and tend to occur subconsciously or â€Å"A habit, from the standpoint of psychology, is a more or less fixed way of thinking, willing, or feeling acquired through previous repetition of a mental experience.† As behaviors are repeated in a consistent context, there is an incremental increase in the link between the context and the action. This increases the automaticity of the behavior in that context. Features of an automatic behavior are all or some of: efficiency, lack of awareness, unintentionally, and uncontrollability. And a bad habit is an undesirable behavior pattern. Anyone interested in getting better results, becoming more productive and ultimately more successful should probably take an honest look at the problem of procrastination. Most people think procrastination is just an issue that involves putting things off that can be done later without much of a penalty. But if procrastination will become your habit especially in your study what would be the effect of it in your academic performances? Statement of the problem. 1. What are the bad habits/behavior/attitude toward the respondent’s subjects? Ans. Gagawin pa yang sentence. Lack of interest in the subject area, Unable to set priorities (extra curricular activities, entertainment, etc.), Lack of prerequisites for success in the current subject area, Unstable home life ability to concentrate, lack of interest or motivation to succeed, procrastinating, habitual lateness, overextension, Inability to Prioritize, Negative Mindset and Fear of Failure 2. Does the negative attitudes and habits of psychology students affect their academic performances? 3. The reasons why they act/behave that way. Gagamitan naten to ng theories ha :†) at d pa to tapos. Lack of Focus, Family problems, social lives (including texting, IM’ing, etc.), outside distractions (phone, music, TV),

Communist Manifesto Essay - 1230 Words

Karl Marx in his â€Å"Communist Manifesto† states that the wage gap will eventually result in revolutions of working class across the world, and consequently difference in classes will be vanished. Whereas, Robert Reich in â€Å"Why the Rich are Getting Richer and the Poor, Poorer† argues that American strategy of economic development, which is based on expansion of the production, will lead to collapse of American economy. Though, the poor people will suffer of various deprivations, wealthy people will be putted into even more unenviable situation in both cases. Moreover, scenario given by Marx in his work proposes the worst position for the rich people than Reich describes. First of all, the equal situations illustrated by both authors are†¦show more content†¦Firstly, only rich men living in America will encounter such issue, so the fellow rich men in different places of the World will become wealthier, using American goods. Secondly, wealthy people, who will be smart enough to predict imminent crash of the USA, will always have enough time to immigrate to different, successful country with all the accumulations and consequently remain rich. In addition, there will be another type of suffered rich people; they are the children of those rich men who spent all their capital to lengthen their life via expensive medical solutions (Reich, p.25). As for them, they will either be born poor already or during the childhood they will observe how their parents were wasting their money for meaningless medical support, but in both examples, they would not have enough time to accustom to rich life. So their loss will not be significant, also that situation could be easily avoided by proper management of finances. This way, according to Reich, wealthy people will not get doomed in such case. Whereas, Marx describes revolutionary seizure of power by working class and disposing the ruling class for the sake of one equal society, as a consequence of wage gap. Marx claims that in his times, there actually were only two classes in society. One is the proletariat, â€Å"a class of laborers who live only so long as they find work, and who find work only so long as their labor increases capital† (Marx, p.36).Show MoreRelatedEssay on The Communist Manifesto672 Words   |  3 PagesThe Communist Manifesto nbsp;nbsp;nbsp;nbsp;nbsp;Marx describes the problem in great detail in the first chapter. He feels there is a problem between the bourgeoisie and the proletarians. The bourgeoisie were the oppressed class before the French Revolution and he argues that they are now the oppressors. The proletarians are the new working class, which works in the large factory and industries. 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Overall, an interestingRead MoreThe Portrayal Of Women s Crime And Punishment And The Communist Manifesto Essay1263 Words   |  6 PagesThe Portrayal of Women in Crime and Punishment and the Communist Manifesto Women are discussed and or portrayed in both â€Å"Crime and Punishment† by Fyodor Dostoevsky and â€Å"The Communist Manifesto† by Karl Marx and Friedrich Engels. In â€Å"Crime and Punishment† there are several female characters, many of which play large roles in the main characters’ story. However, women are only mentioned a few times in â€Å"The Communist Manifesto†, but it is essential to the point the authors are trying to convey. EachRead MoreKarl Marx And Friedrich Engels s Communist Manifesto1756 Words   |  8 PagesIn 1840s Karl Marx and Friedrich Engels wrote Communist Manifesto. Marx and Engels wrote this document due to being members of the Communist Leagues. The Communist Manifesto was a very influential document after the Industrial Revolution. With the industrial class increasing this document was published to end class social. Because of the rise of industries, workers have to leave their previous work and work at industries, wor kers health will be affected when they live near the cities, their communitiesRead MoreMarx, Mill And Freud s Critique Of Political Economy And The Communist Manifesto Essay1133 Words   |  5 Pagesof freedom in unique ways, but their messages are fundamentally the same and continue the ideas that we encountered in the esoteric texts as well as in The Matrix: . First, we have Karl Marx’s Capital: Critique of Political Economy and The Communist Manifesto, where we encounter the proletariat, or the working-class people regarded collectively. 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Autoclenz Ltd v Belcher - Free Essay Example

Sample details Pages: 11 Words: 3162 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Did you like this example? Introduction: The conclusion in Autoclenz Ltd v Belcher Ors[1] indicates a subtle, albeit potentially significant shift in the approach when deciding Employment Status and Sham Agreements.[2] Prior to this case, the written terms of a contract prevailed as long as it is not a à ¢Ã¢â€š ¬Ã…“shamà ¢Ã¢â€š ¬Ã‚ . However the Supreme Court, in this case, has deemed such an approach too literal, thereby ruling that a written employment contract may be disregarded if the reality of the situation detracts largely from the essence of the agreement. As a result, it undermines the absolute mandate of a written contract, ensuring the protection of any oppressed parties. Don’t waste time! Our writers will create an original "Autoclenz Ltd v Belcher" essay for you Create order At the same time, it presents an alternate approach to apply for cases of doubt on the genuineness of contract terms where there is substantial dichotomy in bargaining power between the parties, as opposed to usual commercial transactions.[3] Brief facts about the case: The Claimants are 20 individual valeters who each signed a contract with Autoclenz to provide car washing services. Under the contract terms, the Claimants are expressly described as self-employed and should be working on a subcontract basis. It is also stated in the agreement that they are responsible for their own Tax, National Insurance Contribution (NIC) and cleaning materials. However, the contract did not explicitly state down any clause permitting the use of substitutes to perform valeting services on the Claimantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ behalf.[4] The Claimantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ self-employment state was also confirmed by the Inland Revenue in 2004 but the decision was regarded as à ¢Ã¢â€š ¬Ã…“enigmaticalà ƒ ¢Ã¢â€š ¬Ã‚  by the Supreme Court.[5] In 2007, the Claimants signed another contract to ascertain that any contractual relationship between them and the company is not of employer and employee.[6] It is also important to note that the 2007 contract contained a clause stating, à ¢Ã¢â€š ¬Ã…“For the avoidance of doubt, as an independent contractor, you are entitled to engage one or more individuals to carry out the valeting on your behalf.à ¢Ã¢â€š ¬Ã‚ [7] The contract also stated that the Claimants à ¢Ã¢â€š ¬Ã…“will not be obliged to provide your services on any particular occasion nor, in entering such agreement, does Autoclenz undertake any obligation to engage your services on any particular occasion.à ¢Ã¢â€š ¬Ã‚  [8] In reality, the working conditions of the Claimants detracted largely from the written terms. While the Claimants were responsible for payment of their own Tax and NIC, the company actually provided cleaning equipments and arranged group insurance cover. The company subtracted a fixed sum, for the insurance and cleaning provisions, from the Claimantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ weekly payment that was due after they submitted weekly invoices from their work. In addition, the Claimants were required to work on daily basis and must notify the company if they were absent from work. As a result, the Claimants appealed to be recognised as employees or workers of Autoclenz in order to gain access to the rights and benefits of an employee or a worker. They would then be paid in accordance with the Section 54 of the National Minimum Wage Regulations 1999 (NMWR) and receive statutory paid leave under the Regulation 2 of the Working Time Regulations 1998 (WTR).[9] However, Autoclenz argued that the Claimants were not qualified to any statutory rights according to the contract terms as they were self-employed contractors. Key issue: The primary issue faced by the Court in this case was how to draw a clear legal distinction between employees, w orkers and self-employed. Although this is a significant issue, it is not an easy task as there is very little statutory guidance provided for the Courts by way of the common law.[10] There are three possible rulings for the Claimantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ status: The Claimants are self-employed. The Claimants are employees, which is defined in the section 230(1) of the Employment Rights Act 1996(ERA) as à ¢Ã¢â€š ¬Ã…“an individual who has entered into or works under a contract of employment.à ¢Ã¢â€š ¬Ã‚ [11] The Claimants are à ¢Ã¢â€š ¬Ã…“workersà ¢Ã¢â€š ¬Ã‚  and often called a à ¢Ã¢â€š ¬Ã…“limb (b) workerà ¢Ã¢â€š ¬Ã‚  under Section 230(3) of the ERA .[12] The worker is define as à ¢Ã¢â€š ¬Ã…“ an individual who has entered into or works under a contract of employment ;or any other contract, either expressed or implied and (if it is expressed) whether oral or in writing, whereby the individual do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession of business undertaking carried on by the individual.à ¢Ã¢â€š ¬Ã‚  An individual can only exercise his employment rights such as unfair dismissal by having a status of à ¢Ã¢â€š ¬Ã…“employmentà ¢Ã¢â€š ¬Ã‚ . Compared to employees, workers have fewer rights but they are still entitled to holiday pay. In contrast Self-employed contractor are not given any statutory rights other than certain protection under health and safety legislation. Due to the entitlement to different rights, the status of the Claimants is very important. One way of ascertaining any employment status is to find out whether there is a contract between the parties.[13] Since there is a contract between the Claimants and Autoclenz, the Court has to establish whether it is a contract of employment by applying the three key elements which illustrated in Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance.[14] To summarise, the employee must be under an obligation to perform the work individually. Secondly, there must be mutuality of obligation, in other words, interdependency between the employer and employee. Lastly, the employer must have an adequate power of control over the employee.[15] Background for Relevant Principles: In order to understand the impact of this case on the law, we shall first look at the previous position of the Court on Sham Agreement. In the case of Consistent Group Ltd v Kalwak, the Claimants signed contracts which engaged themselves as self-employed sub-contractors.[16] Before it was appealed to the Court of Appeal , Elias J in the Employment Appeal Tribunal concluded that the reality of the situation should prevail if it is à ¢Ã¢â€š ¬Ã…“wholly inconsistentà ¢Ã¢â€š ¬Ã‚  with the nature of the relationship.[17] However in the Court of Appeal, Rimer LJ criticised Elias Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach and held that it was not possible to impose such terms to the contract because it would go against the legality of the written contract terms. He held that to make a finding of à ¢Ã¢â€š ¬ Å“shamà ¢Ã¢â€š ¬Ã‚ , both parties must have the intention to trace a false picture as opposed to the actual contractual obligations according to the case Snook v London and West Riding Investment Ltd. [18] In a later case Protectacoat Firthglow Ltd v Szilagyi, instead of following the Court of Appeal decision in Kalwak, the Employment Tribunal held that the Claimant was an employee due to the dichotomy between the contract terms and the actual relationship between the parties. Therefore, the contract is regarded as a à ¢Ã¢â€š ¬Ã…“shamà ¢Ã¢â€š ¬Ã‚ .[19] This decision was then upheld by Smith LJ in her leading Court of Appeal Judgment who concurred that the contract terms are shams as à ¢Ã¢â€š ¬Ã‹Å"they did not describe or represent the true intentions and expectations of the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢.[20] As we can see from the two cases above, the source of conflict in ordinary law is in the terms of the agreement. Despite the great body of case law which has built up over the years, the Court still failed to provide a clear guideline or test that judges can apply in the future when determining oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s employment status. Freedland has suggested that the Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ task in discerning employment status has become more difficult to accomplish rather than less and that the accumulation of cases contributed only to the à ¢Ã¢â€š ¬Ã…“weight rather than wisdomà ¢Ã¢â€š ¬Ã¢â€ž ¢.[21] A case in point is that although the à ¢Ã¢â€š ¬Ã…“reality testà ¢Ã¢â€š ¬Ã‚  was rejected by the Court of Appeal in Kalwak, its principle was still referred to during the Szilagyi case, which arguably goes against the doctrine of judicial precedents. Thus it creates ambiguity as to whether or not the reality test is valid and which decision the later Court should follow. This problem again surfaces in the case of Autoclenz, becoming the crux of the debate within each court. Decisions: Employment Tribunal (ET) Employment Judge Fo xwell ruled in favour of the Claimants and held that they were both employees and workers since there was significant degree of control exercised by the company to fully integrate the Claimants into its business.[22] While the Claimants are entitled to engage substitute workers and supposedly do not share a relationship of mutual obligations with Autoclenz, the reality was antithetical from what was expected, as mentioned in the case detail above. From the sole perspective of the law, it is impossible for the Claimants to fall under the definition of an employee or even a worker as the two contracts signed are absolute in legal terms.[23] However, the Court considered the fact that if the Claimants had not signed the contracts, they would have lost the job as they had no rights for the negotiation of terms. At the same time, the judge also believed that Autoclenz did not fully explain pertinent clauses of the 2007 contract to the unknowing and ignorant Claimants and thus deprived them of their rights as sub-contractors.[24] Thus by using this purposive approach instead of a literal one, the Court ruled in favour of the Claimants. Employment Appeal Tribunal (EAT) Judge Peter Clark reversed the ETà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision and held that the Claimants were not employees but workers. Judge Clark pointed out that the ET Judge Foxwell misdirected himself in adopting the incorrect à ¢Ã¢â€š ¬Ã…“reality testà ¢Ã¢â€š ¬Ã‚  formulated in Kalwak. [25]According to the doctrine of precedent, Judge Foxwell should have referred to the decision made by the Court of Appeal. In other words, since the à ¢Ã¢â€š ¬Ã…“reality testà ¢Ã¢â€š ¬Ã‚  has already been overruled in Kalwak, the approach is no longer relevant in the case of Autoclenz. As a result, Judge Peter Clark felt obliged to follow the precedent case of Kalwak (Court of Appeal)and ruled that the contract terms were not à ¢Ã¢â€š ¬Ã…“shamà ¢Ã¢â€š ¬Ã‚  and thus they are not employee but workers. A ccording to the doctrine of Parliament Supremacy, judicial law making is undemocratic and thus should be avoided, as the Parliament is the only one who can amend the law. This literal approach by EAT clearly captured the principle of separation of power between the Parliament and the Courts. In addition, the resulting ruling by the Court also provides certainty and consistency thereby making it easier for the lawyer to advice their clients on employment legality. On the other hand, the approach could also be deemed as rigid as it failed restore justice for the Claimants who clearly had less bargaining power. The Court thus could arguably have neglected the core spirit of the Employment law which is to protect the vulnerable citizens with less bargaining power from those powerful organisations. Court of Appeal (Civil Division) The Court of Appeal (Smith, Sedley and Aikens LJ) restored the judgment of the ET, dismissing Autoclenzà ¢Ã¢â€š ¬Ã¢â€ž ¢s appeal while accepting the Cla imantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ cross-appeal. Smith LJ held that the car valeters were employees, despite the contract describing them as self-employed. Employers, and their advisers, cannot draft their way out of employment status if that does not accord with the reality of the relationship. This was particularly so in an employment contract where it was not uncommon to find that the à ¢Ã¢â€š ¬Ã‹Å"employerà ¢Ã¢â€š ¬Ã¢â€ž ¢ was in a position to dictate the written terms and the other party was obliged to sign the document in order to get the job.[26] According to the ordinary law of contracts, once a consensus was made for the contract terms, the judges generally avoid implying terms into a contract since it is the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ responsibility to have reached an agreement before signing the contract as illustrated in the case of Chartbrook Ltd v Persimmon Homes Ltd.[27] Freedom of contract usually prevails. Aikens LJ emphasized that it is not in the judgesà ¢Ã¢â€š ¬Ã¢â €ž ¢ intention to alter the principles behind the ordinary law of contracts.[28] Instead, all three judges believed that a distinction should be drawn between this case and other ordinary commercial dispute because there may be an element of inequality of bargaining power between the parties.[d1] We can see the judges have taken into consideration of the huge impact that employment law has upon society since it concerns the public. Thus, in order to achieve the underlying principle of employment law, the principles of ordinary law should be set aside here. Sedley also highlighted the importance of making decision that is practical rather than à ¢Ã¢â€š ¬Ã…“[in] odd [with] themselvesà ¢Ã¢â€š ¬Ã‚ .[29] In this case, notwithstanding the repeated interpolation of the word à ¢Ã¢â€š ¬Ã…“sub-contractorà ¢Ã¢â€š ¬Ã‚  , there was ample evidence on which the judge could find the truth of the employment relationship between the parties. The Court also raised several controversies . While Smith LJ focused on the reality test, Aikens LJ believed that it was à ¢Ã¢â€š ¬Ã‹Å"not helpfulà ¢Ã¢â€š ¬Ã¢â€ž ¢ because what is important was the actual agreement. This disparity between the judgments makes it hard to derive the overarching reasoning for this case. It also poses difficulty in developing a coherent approach when juxtaposing the two judgments and reading them together, as suggested by Aikens LJ.[30] Supreme Court: The main point of consideration for the Supreme Court was whether the decision in ET was correct. If so, in what circumstances the ET may disregard the contract terms and look at the actual agreements, intentions or expectations between the parties.[31] In the end, the Supreme Court unanimously dismissed Autoclenzà ¢Ã¢â€š ¬Ã¢â€ž ¢s appeal and upheld the Court of Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision by agreeing to the use of purposive approach by the ET. The Supreme Court also agreed with Aikens LJà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment on that the Cour t should avoid concentrating too much on the private intentions of each party in the contract such as any selfish profits gained from exploitation.[32] Instead, the Court stressed on the importance to take into account of bargaining power of the parties in contracts relating to employment.[33] All in all, this decision raises pertinent points on the issue of employment status. Businesses often use contracts that exclude one or more elements in an attempt to prevent individuals from having à ¢Ã¢â€š ¬Ã…“employmentà ¢Ã¢â€š ¬Ã‚  status and thus benefits from it. This generates fear amongst the publicà ¢Ã¢â€š ¬Ã¢â‚¬ that they are not being protected by the law and receiving rights that they deserved. However this case re-instills confidence into the general public by showing that despite the contract terms being the basis of determining oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s employment status, a purposive approach can be used by the Tribunal. By going beyond the contract terms, the Court is ab le to gain a bigger and more realistic picture and ensures that more people are protected by the law. Hence, this could be perceived as a social policy decision by the judge in order to protect the public interest and restore justice. Conclusion: Following the final ruling by the Supreme Court, there are several implications on the law and, by extension, future similar cases that are worth elaborating. Courts will be able to set aside contractual terms which are inconsistent with the reality of the relationship of the parties, which shows the progression and adaptability of the law system. Undoubtedly, the case of Autoclenz provides a very significant employment status judgment. The case serves as a warning to companies as they will no longer have the comfort of hiding behind specifically worded contracts.[34] It also signifies that companies need to review their commercial terms to consider whether the contractual terms reflect the reality of the working relationship at th e time the contract was entered into, including any subsequent variation of those terms. Moreover, it ensures the employment law remains relevant to the development in economic where there is a huge increase of sub-contractor working arrangements. However, there seems to be a confliction between the method used in determining oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s employment status between the Court and the Inland Revenue. We will usually assume the decision by a government department is accurate and reliable but this case seems to suggest it is not the case. This leads to the question as to whether decision should public as guidance. Furthermore there is still ambiguity as to under which circumstances the ET can disregard the expressed contract terms and base its decision on the actual agreement, since there is no concrete conclusion given by the Court. Apart from the conflict between the Court and the Inland Revenue, there is also a great debate about the use of purposive approach between t he Courts. The use of purposive approach allows the judge to interpret the likely intention of Parliament and carry out a justified judgment. Judges achieve this by filling in the gaps of employment law and making sense of the enactment rather than by opening it up to destructive analysis. Such a broad approach allows the law to cover more situations in a flexible way. However, this approach has been criticised by Lord Simonds as à ¢Ã¢â€š ¬Ã…“a naked usurpation of the legislative function under the thin disguise of interpretation.à ¢Ã¢â€š ¬Ã‚  and he also pointed out that if a gap is disclosed the remedy lies in an amending Act which should be done by Parliament. Hence, this calls for more clarification. Also, the Court disregarded all the fiscal and other consequences of its decisions which could open the floodgate to self-employed contractors appealing for rights such as holiday pay retrospectively. Thus, there remains a great uncertainty as to when orthodox contractual ru les should be set aside and the reality of a potential employment relationship should be analysed. In my opinion, Parliament should undertake relevant reforms in this area of law to provide further guidance. This is because, as mentioned earlier, not all judges will accept the use of purposive approach and future cases might have a completely different ruling based on the judge philosophy on the role of the Court and interpretation of law. Hence, while justice is done in this case, it may not necessarily means that future cases will be so unless reform is achieved. [1] [2011] UKSC 41 [2] C Lake , Autoclenz: employment status revisited [2011] Tax J. 1092, 16-18 [3] David Roderick, Employment Law Update (Farrars Building 2011) [4] [2011] UKSC 41 Para 4 [5] [2011] UKSC 41 Para 5 [6] [2011] UKSC 41 Annex Clause 3 [7] [2011] UKSC 41 Para 6 [8] [2011] UKSC 41 Para 8 [9] UKEAT/0160/08/DA Para 9 [10] [2009] EWCA Civ 1046, per Smith LJ 1-2 [11] UKEAT/0160/08/DA paragraph 8 [12] UKEAT/0160/08/DA Paragraph 9 [13] L Bowery, Its always a question of status [Apr 2013 ] Employ. L, 14-15 [14] [1968] 2QB 497 at page 515C MackKenna Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgment [15] L Bowery, Its always a question of status [Apr 2013 ] Employ. L, 14-15 [16] [2008] IRLR 505 [17] [2007] IRLR 560 [18] [1967] 2 QB 786 [19] [2009] IRLR 365 Para 7 [20] 2009] EWCA Civ 98 Para 58 [21] M Freedland, The Personal Employment Contract (2009) 21 [22] UKEAT/0160/08/DA Para 14 [23] [2011] UKSC 41 Para 10-11 [24] [2011] UKS C 41 Para 10 [25] UKEAT/0160/08/DA Para 19 [26] [2009] EWCA Civ 1046 Para 49 [27] [2009] UKHL 38 [28] [2011] UKSC 41 Para 34 [29] [2009] EWCA Civ 1046 Para 105 [30] [2009] EWCA Civ 1046 [31] [2011] UKSC 41 Para 17 [32] [2011] UKSC 41 Para 32 [33] [2011] UKSC 41 Para 34 [34] E Harvey , Case Study:Autoclenz Ltd v Belcher Ors [2011] UKSC 41 (DWF 2011) [d1]Isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t this under the supreme court But ok to put here. Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m just curious Cause it is first said by the CA but it was later affirmed by lord clarke in SC. So i thinj maybe better to said it in CA And the previous part i deleted. Cause i also dont understand..i thought u will understand the judgement.hahahhaha Is wrote by the judge, i did not change a single work.. But ok la.. Just remove that part,

The Effects Of Coal Mining On Air Pollution - 2078 Words

Introduction It is widely acknowledged that energy has been a great issue across the world. Coal mining is a major source of energy, the demand of which has increased rapidly with the growth of development. However, some environmental issues are generated in coal mining operation, among which concerned most by environmental authorities is air pollution. Air pollution are generated at all phases of coal mining, including drilling, blasting, overburden loading and unloading, coal loading and unloading, road transport and losses from exposed overburden dumps, coal handling plants, exposed pit faces and workshops (Chaulya, 2004). The major contaminant in air pollutants is recognized as particulate matter (PM). In this circumstance, the understanding of coal mining impacts in air quality due to PM is crucial; and plenty of researches have been done to reveal such kind of impact. 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