Literature Review on Business Ethics Essay

Abstract A review of the current literature regarding business ethics was conducted analyzing scholarly peer-reviewed articles about business ethics and their relation to leadership, managerial decision making, corporate social responsibility and overall corporate structure. Increased corporate scandals and the discovery of a rise in unethical business practices have thrown the topic of business ethics into the spotlight. Organizations are expected by their stakeholders to implement strong ethics within their corporate structure and culture. This expectation could be accomplished through strong ethical leadership, formal structures and regulations that place emphasis on ethics, and by making a commitment to corporate social responsibility. Using these guidelines will help organizations overcome the various challenges allowing the business to build a strong ethical foundation that will ultimately benefit the company through increased customer and employee satisfaction, which could result in in creased profits, organizational sustainability and social status. The review of the literature reveals that there is still plenty of room for exploration on the topic of business ethics and particularly with the topic of ethical leadership. It is recommended that more focus be placed on understanding the influence of strong ethical leadership within an organization and how this influence flows down the organizational structure. Once this flow of influence is understood, exploration is necessary to identify the best procedures for developing and sustaining strong influential leadership ethics within the organizational structure. Organizational Design & Business Ethics: A Literature Review: Outline 1) Title Page 2) Abstract 3) Introduction a) Introduction to business ethics and why it is important in current literature. b) Themes present in literature (Thesis) Definition of ethics Ethical leadership Formal structures and regulations Benefits of business ethics 4) Overview of Business Ethics a) Definition of Ethics b) Types of Ethics i) Individualistic ii) Corporate/Business Ethics c) Managerial Ethics i) Relationship Between Laws and Ethical Standards ii) Ethical Decision Making d) Corporate Social Responsibility 5) Implementing Business Ethics Through Leadership a) Values-Based and Ethical Leadership i) Need for Value-Based/Ethical Leaders ii) Characteristics of Values-Based/Ethical Leaders iii) Role of Ethical Leadership in Business Ethics 6) Integrating Ethics Using Formal Structure and Systems a) Codes of ethics b) Programs and other policies to enforce ethical behaviors 7) Benefits of Ethical Organizations Employee Satisfaction/Productivity Increased Profits Social Status Sustainability 8) Conclusion and Recommendations Needs to be more exploration in the topic of ethical leadership Focus on understanding how ethical leadership influences corporate culture and how it flows down the corporate structure Research should attempt to identify the best procedures for developing and sustaining strong influential leadership ethics within the organizational structure. Organizational Design & Business Ethics: A Literature Review Ethics, and particularly the role it should play in business, continues to be a topic of hot discussion in today’s society. Increased corporate scandals and the discovery of a rise in unethical business practices have thrown the topic of business ethics into the spotlight. Over the past few decades many successful, prominent companies have collapsed due to corporate scandals, which resulted not only in the loss of jobs of many employees, but also led to large financial losses of thousands of shareholders. This cascading effect of unethical behavior by company executives led to increased expectations from all stakeholders of an organization. Stakeholders, who include employees, investors, shareholders, and customers, expect organizations to do more than just maximize the bottom line profit; organizational management is expected to accomplish this goal both legally and ethically, while also implementing some sort of program or policy that seeks to benefit society or the environm ent at large. Companies are expected to implement ethics within their organizational structure and culture. This expectation could be accomplished through strong ethical leadership, formal structures, and regulations that place emphasis on ethics, and by making a commitment to corporate social responsibility. Following the implemented ethical procedures and guidelines will help organizations overcome the various ethical dilemmas and challenges, allowing the business to build a strong ethical foundation that will ultimately benefit the company through increased customer and employee satisfaction, which could result in increased profits, organizational sustainability and social status. A review of the current literature regarding business ethics reveals that am emphasis is placed on defining and understanding business ethics, understanding how ethical leadership is used to implement ethics into an organization, identifying how ethics are integrated into the organizational structural, and finally reviewing the benefits of operating an ethical business. Overview of Business Ethics Ethics is a complex construct. One must first understand what ethics is before understanding the important role it plays in business and leadership. The current literature offers many different definitions for ethics, which will be explored, as well as the various types of ethics and their  integrations with organizational management and policies. Definition of Ethics Merriam-Webster (2014) defines ethics as â€Å"rules of behavior based on ideas about what is morally good and bad.† People have varying concepts of what is considered right or wrong or good and bad. For this reason, ethics becomes difficult to define and comply with (De Cremer & de Bettignies, 2013). Oates and Dalmau (2013) define ethics as â€Å"the body of knowledge that deals with the study of universal principles that determine right from wrong† (p. 38). Racelis (2010) further explains that ethics is different from morality in that while morality deals with the principles of right and wrong in general, ethics focuses on the standards of conduct that are generally acceptable to a large group. Therefore, it is important to note, that ethical behavior focuses on what is good for others rather than on what is good for oneself. Mihelic, Lipicnik, and Tekavcic (2010) add to this definition noting that â€Å"ethical behavior is both legally and morally acceptable to the larger community† (p. 32). Business ethics, therefore; is a branch of applied ethics as it relates to the various business activities of human beings (Keller-Krawczyk, 2010). Being able to understand and implement good ethical principles into the business setting is key to developing a strong organizational culture nurtured by ethical principles. Types of Ethics Many times when people speak or write about ethics they refer to one of two types, individual ethics and/or organizational (group) ethics. Scholars have studied both types of ethics in an attempt to understand how individual and organizational ethics intertwine and connect with one another. Accurately interpreting the relationship between the two is crucial to understanding how strong ethical values could be successfully instilled into an organization’s environment. Individualistic ethics. The concept of right and wrong is something that is instilled in individuals from the time of their birth. Individuals may learn what it right and wrong from their parents, teachers, religious  education, or life experiences. They then take what they learn and create their own personal values which help to shape and develop their individual sense of ethics. Elango, Paul, Kundu, and Paudel (2010) explain the various research works that supports the argument that an individual’s personal values and ethical standards are the main driver of a person’s intention to practice ethical behavior. The authors explain that there is strong evidence to support the theory linking an individual’s attitude toward a behavior to the actual behavior of that individual (Elango et al., 2010). Corporate/organizational ethics. Just as individuals create and develop their own ethical standards, groups of individuals may also develop a shared sense of what is considered ethical. Many literary works support the idea that the culture of an organization, including the belief systems, have a profound influence on an employee’s thinking and ultimately on his/her professional behavior (Elango et al., 2010). The ethical behavior of an organization is defined by the corporate culture. Racelis (2009) defines corporate culture as the â€Å"assumptions, beliefs, goals, knowledge and values that are shared by organizational members† (p. 252). The culture of an organization defines the behavior patterns of the employees, profoundly influencing their actions and choices in a given situation. Much research is focused on studying the relationship between corporate ethical values and an individual’s personal ethical values. Elango et al. (2010) hypothesized that employees will have greater ethical intentions if they perceive a high level of organizational ethics. The findings of the study conducted by Elango et al. (2010) indicated that there was a significant relationship between organizational ethics and an individual’s ethical intentions, supporting the notion that organizations could build an ethical business by focusing on creating a positive ethical culture. Likewise, a study conducted by Racelis (2010) also concluded that there is an interaction between individual ethical perceptions and values and the organization’s value systems, providing â€Å"evidence to the theory that an organization’s ideology and culture is indeed likely to shape decision-making and action in that organization† (p. 257). Managerial Ethics An important aspect of business ethics is managerial ethics, which refers to  the decisions, actions, and behaviors of mangers and whether they are considered right or wrong (Daft, 2013). Individuals in positions of management must make the decision every day whether or not to act in an ethical manner. As discussed earlier, deciding what is considered right or wrong ethically, is not always black and white. Many times managers find themselves pushing the limits and entering the grey area of ethics. De Cremer and de Bettignies (2013) explain that in the business environment there are many implicit expectations and norms that motivate managers and ultimately may push them to cross the boundaries and behave unethically. Many times competiveness and greed could push managers into the ethical grey area. According to De Cremer and de Bettingnies (2013), â€Å"This attitude of pushing the limits effectively clouds our own moral limits and, as a result, increases the chances that we eventually will cross the boundaries† (p. 65). Many managers believe if they are not doing anything illegal, than they are acting ethically. This is not always the case; therefore, it is important for managers to understand the difference between laws and ethical standards. Once managers have a fair understanding of what is considered appropriate ethical behavior, they can focus on making good ethical decisions for the organization. Relationship between laws and ethical standards. Keller-Krawczyk (2010) explain that laws are rules of conduct set by a governing body that either requires or prohibits individuals or businesses from performing certain actions. Failure to comply with the set laws may result in punishments such as financial penalties and/or imprisonment. As mentioned previously, it is not uncommon for individuals to believe that if they are operating within the boundaries of the law, then they are behaving ethically. Unfortunately, there are many actions that may be considered legal, but are not considered ethical. Keller-Krawczyk (2010) supports this notion stating that usury (charging high interest rates in countries that do not set a legal limit on rates) is a good example of a behavior that is legal but also considered unethical. Business managers must attempt to understand the relationship and differences between laws and ethics if they wish to help implement ethics within their organization. Managers are often times aware of the laws and regulations because they are formally written and failure to comply  with them will result in some sort of sanctioned punishment, whereas ethical standards are socially construed and failure to comply with these standards is not always punishable under state or federal sanctions. Cameron (2011) explains that ethical standards do not always serve as adequate fixed points for managers because they â€Å"often change over time and circumstance† thus they â€Å"frequently to do not remain stable because they are socially construed† (p. 30). Although laws and regulations are different than ethical standards, managers need to understand how the two can be integrated and used within their organization to help build a solid ethical foundation. Blodgett (2012) acknowledges that many philosophers and legal scholars have attempted to explain the complicated relationship that exists between laws and ethics and although it is still not easily understood, it is evident that there is indeed a connection between the two. A study conducted by Blodgett (2012) explored the idea of â€Å"substantive ethics† (an integration of law and ethics) and how it could be applied to corporate governance as well as the managerial decision-making process. This idea of substantive ethics and how it could be integrated into the formal corporate structure is discussed in greater depth later in this paper. Ethical decision making. One of the major tasks of a manger is to make decisions. The decisions they make not only reflect back on them as an individual, but on the organization as well. Oates and Dalmau (2013) point out that the decisions of managers have a far greater impact on the world today as compared to years ago since technology has allowed for the inter-connection of economies. They go on to explain that a poor decision by a manger in one part of the world can have dramatic consequences for people in another part of the world (Oates & Dalmau, 2013). It is obvious that good decision making is an important part of organizational success. What factors control or influence managerial decision making? Findings of a study conducted by Elango et al. (2010) indicate that both individual ethics and organizational ethics played a role in guiding managers into making ethical choices. This means that managers are influenced by their own ethical values and experiences as well as the ethical standards, practices and procedures discerned in their workplace. These findings were also supported by the study conducted by Racelis (2010) which indicated that an  organization’s culture plays an instrumental role in the decision making process. Oates and Dalmau (2013) explain that ethical decision making is not solely about ensuring that a manger’s decision will not have an adverse affect on others, it also requires that those in positions of management actively look to make decisions that will benefit others. Choosing to make ethical decisions on a daily basis has proven a difficult task for many managers. Managers are constantly faced with ethical dilemmas in the workplace. Mihelic et al. (2010) review various literary works regarding the topic of ethical leadership and identify an important concept stating that ethical managers â€Å"incorporate ethical dimension in the decision-making process, consider the ethical consequences of their decisions and above all try to make fair choices† (p. 33). Corporate Social Responsibility A topic that is closely related and intertwined with the concept of business ethics is corporate social responsibility (CSR). Low and Ang (2013) explain that each organization may have their own definition of CSR; however, each of the definitions seems to share common ground and themes. World Business Council for Sustainable Development (2000) offers the following definition of CSR: Corporate social responsibility is the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as of the local community and society at large. (as cited in Low & Ang, 2013, p. 33). As evident from this detailed definition, CSR plays an instrumental part in the ethical arena of a business. Benn, Todd and Pendleton (2010) theorize that although the concept of CSR is to benefit the society at large, the underlying reason for an organization to implement CSR strategies is to satisfy stakeholder expectations. The authors explain that corporate scandals, fraud and an increase awareness of environmental, social and health concerns has led many stakeholders to lose credibility in corporations (Benn et al., 2010). Low and Ang (2013) emphasize that many external stakeholders are beginning to take a more thorough interest in the activities of an organization by concentrating on not only what the company has done with its products and/or services, but also on how the company has  impacted the environment or local community. As a way to rebuild credibility and satisfy the interests of stakeholders, many organizations are using CSR strategies that seek to create a positive impact on society. Regardless of the motivation behind implementing the CSR strategies, many scholars agree that in order to implement successful CSR policies, organizations need to have a strong ethical foundation (Low & Ang, 2013; Benn et al., 2010). An empirical study conducted by Benn et al. (2010) provided strong evidence that corporate leadership and structure play an instrumental role in embedding CSR strategies and policies across the organization. Thus, since business ethics and CSR are intrinsically intertwined it is imperative that one understands how ethics and CSR could be incorporated within an organization through leadership, formal structures, and systems. Implementing Business Ethics through Leadership Now that the construct of business ethics has been defined and explained, focus needs to be placed on how leadership could be instrumental in strengthening or implementing business ethics within an organization’s culture. Just as there are several different definitions for ethics, there are also many definitions and interpretations of leadership. Noriega and Drew (2013) cite several different definitions of leadership before ultimately arriving at a generalized definition that states â€Å"leadership deals with persuading, inspiring, motivating others, and spearheading useful changes† (p. 34). Likewise, Mihelic et al. (2010) emphasize that the role of a leader is to help direct the behavior of his/her followers toward a desired goal. There are many different types and methods of leadership that allow leaders to accomplish their goals and objectives. The main focus of this paper is on value-based and ethical leadership and how these types of leadership are instrumental i n promoting ethical behavior among employees within their organization. Value-Based and Ethical Leadership Ethics had previously been described as a body of knowledge concerning itself with moral principles that govern the behavior of individuals. Leadership was defined as the act of persuading or influencing individuals toward a desired goal. Therefore, by combining these two definitions, Oates  and Dalmau (2013) derived the following simple definition for ethical leadership: â€Å"the art of helping, guiding, and influencing people to achieve a common goal in a morally acceptable way† (p. 38). Similarly, Busch and Wennes (2012) explain that value-based leadership focuses on two primary leadership dimensions: 1) ensuring the visibility and meaningfulness of values and 2) generating moral engagement within an organization. Although many scholars argue that value-based leadership and ethical leadership are synonymous, Morrison and Mujtaba (2010) review various studies that acknowledge that while the two types of leadership do tend to overlap, there are also major differences that cannot be ignored. Brown and Trevino stress that one significant difference between the two is that â€Å"ethical leadership focuses on the content of the values† while value-based leadership tends to ignore the content, focusing instead on the sharing of values between the leader and followers (as cited in Morrison & Mujtaba, 2010). Taking this into consideration it could be construed that effective ethical leaders are also influential value-based leaders that inspire and enable their followers to make the right choices and adopt the same ethical values embraced by the leader. Viinamaki (2012) supports this idea, explaining that value-based leaders carry the responsibilities of setting ethical goals and standards, rewarding those that achieve the desired outcome of ethical conduct, and penalizing anyone that strays from the set ethical values and standards. In order to comprehend the role ethical and value based leadership plays in business ethics, it is essential that one first understands why there is a need for ethical leadership and is able to identify the characteristics of an effective and influential ethical leader. Need for value-based and ethical leaders. Oates and Dalmau (2013) point out that the need for ethical leadership is most evident is situations where it is absent. Recent corporate scandals such as the collapse of Enron and Arthur Andersen has shed light on the issues of corruption, power and greed revealing that these conditions could wreak havoc on organizations that do not have strong ethical leaders. According to Noriega and Drew (2013), in today’s high-pressured business environment, organizations would find it difficult to meet daily challenges and overcome obstacles if they lacked ethical leadership. The authors explain that more attention has been  focused on ethical leadership because individuals, particularly company stakeholders, are more aware of unethical practices and seek for a way to achieve managerial accountability (Noriega & Drew, 2013). When detailing why value-based leadership was important in organizations, Viinamaki (2012) explains â€Å"values are a m eans of influencing behaviors without the need to resort to formal structures, systems, strategies, or control mechanisms† (p. 29). Characteristics of ethical leaders. There are many traits and qualities that characterize strong ethical leaders. Mihelic et al. (2010) write â€Å"a strong character plays an important role in effective self-leadership and in the process of leading others† (p. 35). The most common traits that scholars have attributed to ethical leaders are integrity, honesty, and trustworthiness (Mihelic et al., 2010; Noriega & Drew, 2013). These three traits are necessary in order to build trusting relationships with followers offering credibility and consistency. Other characteristics of ethical leaders include: responsible, fair, humble, encouraging and respectful of others, shows concern for greater good, innovative and courageous (Mihelic et al., 2010; Noriega & Drew, 2013). Mihelic et al. (2010) explain that in addition to the above characteristic traits it is crucial that ethical leaders embody the following five values: pride, patience, prudence, persistence and perspective. An ethical leader should also use values-based leadership to emphasize and strengthen these ethical values within the organizational structure. Finally, Noriega and Drew (2013) emphasize that high regard of human worth and dignity are at the core of an ethical leader’s belief system. All the decisions and actions are made in accordance with the beliefs and actions of the ethical leader. Role of ethical leadership in business ethics. By definition, leaders persuade or influence their followers toward a desired goal. One of the main goals of ethical and values-based leadership is to motivate their followers to share and embody the same ethical values that they themselves are portraying. A majority of scholars are in agreement that the ethical conduct of an organization is primarily influenced by the leaders who are also responsible for creating and enforcing the codes of conduct to be  followed by the employees (Mihelic et al., 2010). In order for ethical leadership to be successful within an organization, all leaders, especially those that hold senior leadership positions must be committed to the ethical principles they profess and more importantly they must also exemplify these principles through their own actions (Wickham & Donohue). The relationship of a leader and follower could be compared to that of a parent and a child. A child is likely to follow and imitate the actions of the parent, performing in a manner that will likely receive the parent’s approval. Parents wishing to teach their child how to behave properly will want to be a good role model for that child by modeling the desired behavior. Likewise, leaders need to be role models for their employees. Employees who see their leaders modeling the desired ethical behavior will be more likely to act in the same manner, which helps the behavior and ethical principles become a strong part of the corporate culture. Wickham and O’Donahue (2012) support this theory stating â€Å"Leadership, both formal and informal, in the firm needs to be perceived as ‘walking the walk’ as much as ‘talking the talk’ of ethical decision-making and behavior† (p. 23) with internal employees as much as external customers and stakehold ers. Integrating Ethics Using Formal Structure and Systems Creating an ethical business requires that ethics be incorporated into all aspects of the organization. Not only must leaders and employees practice ethical principles, but ethics must be built into the organizational structure. Part of implementing ethics within the organizational structure starts with making sure that ethical leadership begins at the top of the organization and then flows down through all levels of the hierarchy (Oates & Dalmau, 2013O. It was briefly mentioned earlier that a major role of an ethical leader was to enforce the code of conduct that would guide employee behavior within the organization. Creating a code of conduct that emphasizes the important ethical principles the organization wishes to portray is one of several ways ethics could be integrated into an organization. It would also prove beneficial to incorporate ethics into corporate governance laws and policies, particularly by implementing and enforcing a code of ethics. According to Oates and Dalmua (2013), it is necessary for the ethical values and standards to be â€Å"articulated in the  wider context of the organization, society, culture and regulations† (p. 40). Once a solid foundation for business ethics is laid within the structure, organizations need to make sure they implement polices and programs that will continue to help teach and enforce good ethical behavior. Corporate Structure and Ethics Oates and Dalmua (2013) also claim â€Å"Ethical leadership starts at the top, with the company’s board of directors†¦above all, it must be present in the CEO† (p. 40). This is an important notion for implementing business ethics because if ethical leadership does not start at the highest level of management and work its way down, it is highly unlikely that it would be possible to fully integrate ethics within the organizational corporate culture. In addition to instituting ethical leadership at all levels of management, an experimental study conducted by Ellman and Pezanis-Christou (2010) revealed that the decision-making structures of organizations also have a significant effect on the ethical behavior of employees. The study provided evidence to support the theory that subordinates within an organization who were given a voice in the decision making process felt more responsible for the actions of the organization and were thus more inclined to exhibit better ethical behavior than when they were not given a say in the decision-making process (Ellman & Pezanis-Christou, 2010). Therefore, as this study indicates, open communication between leaders and subordinates is a key concept in the ethical implementation process. As discussed earlier, CSR continues to be a popular topic that aligns itself with discussions on business ethics. A major focus of CSR is on creating a sense of shared value between the business, its shareholders, and society. Michelini and Fiorentino (2011) explain that â€Å"from a shared value viewpoint, companies must integrate a social perspective into the core frameworks that they use to understand competition and develop business strategy† (p. 562). In other words, companies need to be sure that they are using an effective business model that will help support their CSR strategies and achieve shared value. Business models refer to the design of a business in regards to how it will create, deliver and capture value (Michelini & Fiorentino, 2011). The research conducted by Michelini and Fiorentino (2011) compared  and contrasted the social and inclusive business models in reference to how they each allow an organization to achieve their goal of shared value. Codes of Ethics It has been stressed that the actions of those in positions of leadership helps to institute ethical behavior in employees. Although this is true, actions are not the only resource that should be used to communicate management’s expectations of proper ethical behavior. Racelis (2010) places emphasis on the fact that individuals are more likely to feel like a vital part of an organization and will more strongly associate themselves with the mission of the company if the organization’s shared perceptions and values are clearly defined. Often times to accomplish this objective, organizations will develop a corporate code of ethics or code of conduct. Blodgett (2012) explains that corporate ethics codes are self-selected statements of laws and ethics that communicate the values and expressions of a corporation. Many corporate ethics codes incorporate the universal business ethical values of honesty, integrity, responsibility, fairness and trust; but they also may contain legal compliance statements to address general business concerns (Blodgett, 2012). It has been proposed by Blodgett (2012) that integrating general laws and procedures into a corporate code of ethics will help businesses see the ethical value in obeying laws and also help them understand that they have a broader responsibility than just strictly following legal laws. Overall, Noriega and Drew (2013) reiterate that ethical codes of conduct are structured by members of senior management and should seek to clarify company expectations, assist employees in the decision-making process and foster appropriate ethical behavior. Programs and Other Policies to Enforce Ethical Behavior In addition to creating a corporate code of ethics and communicating them to all employees within the organization, managers must also find ways to promote, teach, and enforce these ethical principles. Wickham and O’Donahue (2012) suggest that in order to build an ethically intelligent organization, an organization must develop HRM strategies, polices and procedures that center on recruiting, developing, and retaining employees that embody  cognitive, moral, social and emotional intelligence. A focus need to be put on learning how to develop and retain ethically motivated employees. Trapp (2011) shares that organizations could help endure ethical behavior through various business ethics programs such as workshops and e-training. A study by Trapp (2011) revealed that employees were more prone to embrace ethical standards when they were given the opportunity to openly voice their concerns and address the ethical grey areas they may encounter. Organizations can offer open forums or have ethical help hotlines where employees can openly communicate with others when they are faced with ethical dilemmas or areas of grey. Benefits of Ethical Organizations Although many businesses are feeling the push from their stakeholders to run their business on ethically sound principles, ethical business have seen many advantages and benefits as a result of instituting ethical behavior. Some of these benefits may include: increased employee satisfaction and productivity, increased and sustainable profitability, improved social status, and customer/shareholder loyalty and appreciation (Wickham & O’Donohue, 2012). According to Morrison and Mujtaba (2010), companies that follow unethical practices and are managed by unethical leaders diminish and destroy shareholder value due to the high cost associated with unethical actions such as fines and penalties, audit costs and costs associated with loss of customers and reputation; whereas, leaders that operate highly ethical corporations are able to increase shareholder. A positive correlation has been found between a firm’s investment in CSR and an increase in shareholder wealth (Morrison & Mujtaba, 2010). Finally, not only did the collapse of many prominent business due to unethical behavior result in a loss of credibility between stakeholders and businesses, it also resulted in governmental interference and the passage of laws such as the Sarbanes-Oxley Act of 2002 (SOX). He and Ho (2010) explained that this law â€Å"introduced significant reform in the corporate governance, accounting, auditing, and reporting environment of publicly traded firms† (p. 624). Compliance with SOX has proven costly for many organizations. He and Ho (2010) believe that organizations led by ethical leaders who institute proper ethical standards and practices do not need to  invest in expensive monitoring programs because they could meet governmental regulations in a more efficient manner with minimal monitoring. Conclusion and Recommendations Organizations continue to be confronted with increased ethical challenges as leaders are continually tempted to exchange ethical behavior for increased money and power. Individuals in society continue to be appalled by the number of large and powerful corporations that have collapsed and fallen due to corporate fraud and scandal. This has led many stakeholders to become skeptical of business operations, leading them to demand an incorporation of ethics into every day business practices. Corporations wishing to satisfy this new expectation and regain the confidence and trust of not only external stakeholders but if their own employees must seek to find ways to implement business ethics within their organizational culture. Ethics is a complex construct to interpret and understand. Each individual has his/her own opinion regarding what constitutes good ethical behavior. There is no single definition for ethics, although most of the definitions provided by scholars revolve around common themes. Regardless of the debate about what truly constitutes ethics, there is a strong consensus that an indisputable need for ethics exists inside organizations. For this reason, there is much focus placed on ethics and how it pertains to business throughout literary works. Scholars continue to research and conduct various studies regarding the best way to institute ethics within an organization. Much of this literature was reviewed and evaluated to identify common themes that existed among the works. The literature includes explanations of various studies that provide support showing it is possible for organizations to meet the ethical expectations of the stakeholders by instituting strong ethical leadership within the organizations from the top down. These ethical leaders need to possess the important ethical qualities of honesty, integrity and trustworthiness and should practice the ethical behavior they profess, serving as exemplary role models for their followers. In addition, these ethical leaders are responsible for creating and enforcing formal policies and programs within their organization that place emphasis on the ethical values and standards  the business desires to convey. These formal structures include implementing and communicating a corporate code of ethics for the organizations and instituting programs that will help educate and develop the employees in r egards to the ethical standards and values. Organizations that are successfully able institute ethical leadership and use it to build a strong ethical foundation find that ethics inevitably become a part of the organizational culture. Ethical companies create shared value between the business, shareholders and society through CSR initiatives. Highly ethical organizations also see that their ethical practices benefit them through increased employee satisfaction and productivity, customer and shareholder appreciation, increased sustainable profitability, and social status. A detailed review of the literature on ethics reveals that there is still plenty of room for exploration on the topic of business ethics and particularly with the topic of ethical leadership. Since it appears that ethical leadership is the key to integrating ethical behavior within an organization, more studies should be conducted to determine the best approaches for leaders to do this. Leadership is all about persuasion and influence. It is recommended that more focus be placed on understanding the influence of strong ethical leadership within an organization and how this influence flows down the organizational structure. Once this flow of influence is understood, exploration is necessary to identify the best procedures for developing and sustaining strong influential leadership ethics within the organizational structure. References Benn, S., Todd, L. R., & Pendleton, J. (2010). Public relations leadership in corporate social responsibility. Journal of Business Ethics, 96(3), 403-423. doi:http://dx.doi.org/10.1007/s10551-010-0474-5 Blodgett, M. (2011). Substantive ethics: Integrating law and ethics in corporate ethics programs. Journal of Business Ethics, 99(1), 39-48. doi:http://dx.doi.org/10.1007/s10551-011-1165-6 Busch, T., & Wennes, G. (2012). Changing values in the modern public sector: The need for value-based leadership. The International Journal of Leadership in Public Services, 8(4), 201-215. doi:http://dx.doi.org/10.1108/17479881211323599 Cameron, K. (2011). Responsible leadership as virtuous leadership. Journal of Business Ethics, 98(1), 25-35. doi:http://dx.doi.org/10.1007/s10551-011-1023-6 Daft, R. L. (2013). Organization theory & design. Mason, OH: South-Western Cengage Learning. De Cremer, D. and de Bettignies, H.-C. (2013), Pragmatic business ethics. Business Strategy Review, 24(2), 64–67. Retrieved from http://onlinelibrary.wiley.com.ezproxy.liberty.edu:2048/doi/10.1111/j.1467-8616.2013.00950.x/pdf Elango, B., Paul, K., Kundu, S. K., & Paudel, S. K. (2010). Organizational ethics, individual ethics, and ethical intentions in international decision-making. Journal of Business Ethics, 97(4), 543-561. doi:http://dx.doi.org/10.1007/s10551-010-0524-z Ellman, M., & Pezanis-Christou, P. (2010). Organizational structure, communication, and group ethics. The American Ec onomic Review, 100(5), 2478-2491. doi:http://dx.doi.org/10.1257/aer.100.5.2478 Ethic – Definition and More from the Free Merriam-Webster Dictionary. (2014). Retrieved May 4, 2014, from http://www.merriam-webster.com/dictionary/ethic Keller-Krawczyk, L. (2010). Is business ethics possible and necessary? Economics & Sociology, 3(1), 133-142,149. Retrieved from http://search.proquest.com/docview/1038947534?accountid=12085 He, L., & Ho, S. K. (2011). Monitoring costs, managerial ethics and corporate governance: A modeling approach. Journal of Business Ethics, 99(4), 623-635. doi:http://dx.doi.org/10.1007/s10551-010-0672-1 Low, P. K. C., & Ang, S. L. (2013). Confucian ethics, governance and corporate social responsibility. International Journal of Business and Management, 8(4), 30-43. Retrieved from http://search.proquest.com/docview/1327711156?accountid=12085 Michelini, L., & Fiorentino, D., (2012). New business models for creating shared value, Social Responsibility Journal, 8(4 ), 561-577. Retrieved from http://www.emeraldinsight.com.ezproxy.liberty.edu:2048/journals.htm?articleid=17058148 Mihelic, K. K., Lipicnik, B., & Tekavcic, M. (2010). Ethical leadership. International Journal of Management and Information Systems, 14(5), 31-41. Retrieved from http://search.proquest.com/docview/819649567?accountid=12085 Morrison, H., & Mujtaba, B. G. (2010).

The Host Chapter 43: Frenzied

I imagined that from the outside, I looked as still as a statue. My hands were folded in front of me, my face was without expression, my breathing was too shallow to move my chest. Inside, I was spinning apart, as if the pieces of my atoms were reversing polarity and blowing away from one another. Bringing Melanie back had not saved him. All that I could do was not enough. The hall outside our room was crowded. Jared, Kyle, and Ian were back from their desperate raid, empty-handed. A cooler of ice-that was all they had to show for three days of risking their lives. Trudy was making compresses and laying them across Jamie's forehead, the back of his neck, his chest. Even if the ice cooled the fever, raging out of control, how long until it was all melted? An hour? More? Less? How long until he was dying again? I would have been the one to put the ice on him, but I couldn't move. If I moved, I would fall into microscopic pieces. â€Å"Nothing?† Doc murmured. â€Å"Did you check -â€Å" â€Å"Every spot we could think of,† Kyle interrupted. â€Å"It's not like painkillers, drugs-lots of people had reason to keep those hidden. The antibiotics were always kept in the open. They're gone, Doc.† Jared just stared down at the red-faced child on the bed, not speaking. Ian stood beside me. â€Å"Don't look like that,† he whispered. â€Å"He'll pull through. He's tough.† I couldn't respond. Couldn't even hear the words, really. Doc knelt beside Trudy and pulled Jamie's chin down. With a bowl he scooped up some of the ice water from the cooler and let it trickle into Jamie's mouth. We all heard the thick, painful sound of Jamie's swallowing. But his eyes didn't open. I felt as though I would never be able to move again. That I would turn into part of the stone wall. I wanted to be stone. If they dug a hole for Jamie in the empty desert, they would have to put me in it, too. Not good enough, Melanie growled. I was despairing, but she was filled with fury. They tried. Trying solves nothing. Jamie will not die. They have to go back out. For what purpose? Even if they did find your old antibiotics, what are the chances they would still be any good? They only worked half the time anyway. Inferior. He doesn't need your medicine. He needs more than that. Something that really works†¦ My breathing sped up, deepened as I saw it. He needs mine, I realized. Mel and I were both awestruck by the obviousness of this idea. The simplicity of it. My stone lips cracked apart. â€Å"Jamie needs real medicines. The ones the souls have. We need to get him those.† Doc frowned at me. â€Å"We don't even know what those things do, how they work.† â€Å"Does it matter?† Some of Melanie's anger was seeping into my voice. â€Å"They do work. They can save him.† Jared stared at me. I could feel Ian's eyes on me, too, and Kyle's, and all the rest in the room. But I saw only Jared. â€Å"We can't get 'em, Wanda,† Jeb said, his tone already one of defeat. Giving up. â€Å"We can only get into deserted places. There's always a bunch of your kind in a hospital. Twenty-four hours a day. Too many eyes. We won't do Jamie any good if we get caught.† â€Å"Sure,† Kyle said in a hard voice. â€Å"The centipedes will be only too happy to heal his body when they find us here. And make him one of them. Is that what you're after?† I turned to glare at the big, sneering man. My body tensed and leaned forward. Ian put his hand on my shoulder as if he were holding me back. I didn't think I would have made any aggressive move toward Kyle, but maybe I was wrong. I was so far from my normal self. When I spoke, my voice was dead even, no inflection. â€Å"There has to be a way.† Jared was nodding. â€Å"Maybe someplace small. The gun would make too much noise, but if there were enough of us to overwhelm them, we could use knives.† â€Å"No.† My arms came unfolded, my hands falling open in shock. â€Å"No. That's not what I meant. Not killing -â€Å" No one even listened to me. Jeb was arguing with Jared. â€Å"There's no way, kid. Somebody'd get a call off to the Seekers. Even if we were in and out, something like that would bring 'em down on us in force. We'd be hard-pressed to make it out at all. And they'd follow.† â€Å"Wait. Can't you -â€Å" They still weren't listening to me. â€Å"I don't want the boy to die, either, but we can't risk everyone's lives for one person,† Kyle said. â€Å"People die here; it happens. We can't get crazy to save one boy.† I wanted to choke him, to cut off his air in order to stop his calm words. Me, not Melanie. I was the one who wanted to turn his face purple. Melanie felt the same way, but I could tell how much of the violence came directly from me. â€Å"We have to save him,† I said, louder now. Jeb looked at me. â€Å"Hon, we can't just walk in there and ask.† Right then, another very simple and obvious truth occurred to me. â€Å"You can't. But I can.† The room fell dead silent. I was caught up in the beauty of the plan forming in my head. The perfection of it. I spoke mostly to myself, and to Melanie. She was impressed. This would work. We could save Jamie. â€Å"They aren't suspicious. Not at all. Even if I'm a horrible liar, they would never suspect me of anything. They wouldn't be listening for lies. Of course not. I'm one of them. They would do anything to help me. I'd say I got hurt hiking or something†¦ and then I'd find a way to be alone and I'd take as much as I could hide. Think of it! I could get enough to heal everyone here. To last for years. And Jamie would be fine! Why didn't I think of this before? Maybe it wouldn't have been too late even for Walter.† I looked up then, with shining eyes. It was just so perfect! So perfect, so absolutely right, so obvious to me, that it took me forever to understand the expressions on their faces. If Kyle's had not been so explicit, it might have taken me longer. Hatred. Suspicion. Fear. Even Jeb's poker face was not enough. His eyes were tight with mistrust. Every face said no. Are they insane? Can't they see how this would help us all? They don't believe me. They think I'll hurt them, hurt Jamie! â€Å"Please,† I whispered. â€Å"It's the only way to save him.† â€Å"Patient, isn't it?† Kyle spit. â€Å"Bided its time well, don't you think?† I fought the desire to choke him again. â€Å"Doc?† I begged. He didn't meet my eyes. â€Å"Even if there was any way we could let you outside, Wanda†¦ I just couldn't trust drugs I don't understand. Jamie's a tough kid. His system will fight this off.† â€Å"We'll go out again, Wanda,† Ian murmured. â€Å"We'll find something. We won't come back until we do.† â€Å"That's not good enough.† The tears were pooling in my eyes. I looked to the one person who might possibly be in as much pain as I was. â€Å"Jared. You know. You know I would never let anything hurt Jamie. You know I can do this. Please.† He met my gaze for one long moment. Then he looked around the room, at every other face. Jeb, Doc, Kyle, Ian, Trudy. Out the door at the silent audience whose expressions mirrored Kyle's: Sharon, Violetta, Lucina, Reid, Geoffrey, Heath, Heidi, Andy, Aaron, Wes, Lily, Carol. My friends mixed in with my enemies, all of them wearing Kyle's face. He stared at the next row, which I couldn't see. Then he looked down at Jamie. There was no sound of breathing in the whole room. â€Å"No, Wanda,† he said quietly. â€Å"No.† A sigh of relief from the rest. My knees buckled. I fell forward and yanked free of Ian's hands when he tried to pull me back up. I crawled to Jamie and pushed Trudy aside with my elbow. The silent room watched. I took the compress from his head and refilled the melted ice. I didn't meet the stares I could feel on my skin. I couldn't see anyway. The tears swam in front of my eyes. â€Å"Jamie, Jamie, Jamie,† I crooned. â€Å"Jamie, Jamie, Jamie.† I couldn't seem to do anything but sob out his name and touch the packets of ice over and over, waiting for the moment they would need changing. I heard them leave, a few at a time. I heard their voices, mostly angry, fade away down the halls. I couldn't make sense of the words, though. Jamie, Jamie, Jamie†¦ â€Å"Jamie, Jamie, Jamie†¦Ã¢â‚¬  Ian knelt beside me when the room was almost empty. â€Å"I know you wouldn't†¦ but Wanda, they'll kill you if you try,† he whispered. â€Å"After what happened†¦ in the hospital. They're afraid you have good reason to destroy us†¦ Anyway, he'll be all right. You have to trust that.† I turned my face from him, and he went away. â€Å"Sorry, kid,† Jeb mumbled when he left. Jared left. I didn't hear him go, but I knew when he was gone. That seemed right to me. He didn't love Jamie the way we did. He had proved that. He should go. Doc stayed, watching helplessly. I didn't look at him. The daylight faded slowly, turned orange and then gray. The ice melted and was gone. Jamie started to burn alive under my hands. â€Å"Jamie, Jamie, Jamie†¦Ã¢â‚¬  My voice was cracked and hoarse now, but I couldn't stop. â€Å"Jamie, Jamie, Jamie†¦Ã¢â‚¬  The room turned black. I couldn't see Jamie's face. Would he leave in the night? Had I already seen his face, his living face, for the last time? His name was just a whisper on my lips now, low enough that I could hear Doc's quiet snoring. I wiped the tepid cloth across his body without ceasing. As the water dried, it cooled him a little. The burn lessened. I began to believe that he wouldn't die tonight. But I wouldn't be able to hold him here forever. He would slip away from me. Tomorrow. The next day. And then I would die, too. I would not live without Jamie. Jamie, Jamie, Jamie†¦ Melanie groaned. Jared didn't believe us. The lament was both of ours. We thought it at the same time. It was still silent. I didn't hear anything. Nothing alerted me. Then, suddenly, Doc cried out. The sound was oddly muffled, like he was shouting into a pillow. My eyes couldn't make sense of the shapes in the darkness at first. Doc was jerking strangely. And he seemed too big-like he had too many arms. It was terrifying. I leaned over Jamie's inert form, to protect him from whatever was happening. I could not flee while he lay helpless. My heart pounded against my ribs. Then the flailing arms were still. Doc's snore started up again, louder and thicker than before. He slumped to the ground, and the shape separated. A second figure pulled itself away from his and stood in the darkness. â€Å"Let's go,† Jared whispered. â€Å"We don't have time to waste.† My heart nearly exploded. He believes. I jumped to my feet, forcing my stiff knees to unbend. â€Å"What did you do to Doc?† â€Å"Chloroform. It won't last long.† I turned quickly and poured the warm water over Jamie, soaking his clothes and the mattress. He didn't stir. Perhaps that would keep him cool until Doc woke up. â€Å"Follow me.† I was on his heels. We moved silently, almost touching, almost running but not quite. Jared hugged the walls, and I did the same. He stopped when we reached the light of the moon-bright garden room. It was deserted and still. I could see Jared clearly for the first time. He had the gun slung behind his back and a knife sheathed at his waist. He held out his hands, and there was a length of dark fabric in them. I understood at once. The whispered words raced out of my mouth. â€Å"Yes, blindfold me.† He nodded, and I closed my eyes while he tied the cloth over them. I would keep them closed anyway. The knot was quick and tight. When he was done, I spun myself in a fast circle-once, twice†¦ His hands stopped me. â€Å"That's okay,† he said. And then he gripped me harder and lifted me off the ground. I gasped in surprise as he threw me against his shoulder. I folded there, my head and chest hanging over his back, beside the gun. His arms held my legs against his chest, and he was already moving. I bounced as he jogged, my face brushing against his shirt with each stride. I had no sense of which way we were going; I didn't try to guess or think or feel. I concentrated only on the bouncing of his gait, counting steps. Twenty, twenty-one, twenty-two, twenty-three†¦ I could feel him lean as the path took him down and then up. I tried not to think about it. Four hundred twelve, four hundred thirteen, four hundred fourteen†¦ I knew when we were out. I smelled the dry, clean breeze of the desert. The air was hot, though it had to be close to midnight. He pulled me down and set me on my feet. â€Å"The ground is flat. Do you think you can run blindfolded?† â€Å"Yes.† He grabbed my elbow tightly in his hand and took off, setting a rigorous pace. It wasn't easy. He caught me time and time again before I could fall. I started to get used to it after a while, and I kept my balance better over the tiny pits and rises. We ran until we were both gasping. â€Å"If†¦ we can get†¦ to the jeep†¦ we'll be in†¦ the clear.† The jeep? I felt a strange wave of nostalgia. Mel hadn't seen the jeep since the first leg of that disastrous trip to Chicago, hadn't known it had survived. â€Å"If we†¦ can't?† I asked. â€Å"They catch us†¦ they'll kill you. Ian's†¦ right about†¦ that part.† I tried to run faster. Not to save my life, but because I was the only one who could save Jamie's. I stumbled again. â€Å"Going to†¦ take off the blindfold. You'll be†¦ faster.† â€Å"You sure?† â€Å"Don't†¦ look around. ‘Kay?† â€Å"Promise.† He yanked at the knots behind my head. As the fabric fell away from my eyes, I focused them only on the ground at my feet. It made a world of difference. The moonlight was bright, and the sand was very smooth and pale. Jared dropped his arm and broke into a faster stride. I kept up easily now. Distance running was familiar to my body. I settled into my preferred stride. Just over a six-minute mile, I'd guess. I couldn't keep up that pace forever, but I'd run myself into the ground trying. â€Å"You hear†¦ anything?† he asked. I listened. Just two sets of running feet on the sand. â€Å"No.† He grunted in approval. I guessed this was the reason he'd stolen the gun. They couldn't stop us from a distance without it. It took about an hour more. I was slowing then, and so was he. My mouth burned for water. I'd never looked up from the ground, so it startled me when he put his hand over my eyes. I faltered, and he pulled us to a walk. â€Å"We're okay now. Just ahead†¦Ã¢â‚¬  He left his hand over my eyes and tugged me forward. I heard our footsteps echo off something. The desert wasn't as flat here. â€Å"Get in.† His hand disappeared. It was nearly as dark as it was with him covering my eyes. Another cave. Not a deep one. If I turned around, I would be able to see out of it. I didn't turn. The jeep faced into the darkness. It looked just the same as I remembered it, this vehicle I had never seen. I swung myself over the door into the seat. Jared was in his seat already. He leaned over and tied the blindfold over my eyes again. I held still to make it easier. The noise of the engine scared me. It seemed too dangerous. There were so many people who shouldn't find us now. We moved in reverse briefly, and then the wind was blasting my face. There was a funny sound behind the jeep, something that didn't fit Melanie's memories. â€Å"We're going to Tucson,† he told me. â€Å"We never raid there-it's too close. But we don't have time for anything else. I know where a small hospital is, not too deep into town.† â€Å"Not Saint Mary's?† He heard the alarm in my voice. â€Å"No, why?† â€Å"I know someone there.† He was quiet for a minute. â€Å"Will you be recognized?† â€Å"No. No one will know my face. We don't have†¦ wanted people. Not like you did.† â€Å"Okay.† But he had me thinking now, thinking about my appearance. Before I could voice my concerns, he took my hand and folded it around something very small. â€Å"Keep that close to you.† â€Å"What is it?† â€Å"If they guess that you're†¦ with us, if they're going to†¦ put someone else in Mel's body, you put that in your mouth and bite down on it hard.† â€Å"Poison?† â€Å"Yes.† I thought about that for a moment. And then I laughed; I couldn't help it. My nerves were frayed with worry. â€Å"It's not a joke, Wanda,† he said angrily. â€Å"If you can't do it, then I have to take you back.† â€Å"No, no, I can.† I tried to get a hold of myself. â€Å"I know I can. That's why I'm laughing.† His voice was harsh. â€Å"I don't get the joke.† â€Å"Don't you see? For millions of my own kind, I've never been able to do that. Not for my own†¦ children. I was always too afraid to die that final time. But I can do it for one alien child.† I laughed again. â€Å"It doesn't make any sense. Don't worry, though. I can die to protect Jamie.† â€Å"I'm trusting you to do just that.† It was silent for a moment, and then I remembered what I looked like. â€Å"Jared, I don't look right. For walking into a hospital.† â€Å"We've got better clothes stashed with the†¦ less-conspicuous vehicles. That's where we're headed now. About five more minutes.† That wasn't what I meant, but he was right. These clothes would never do. I waited to talk to him about the rest. I needed to look at myself first. The jeep stopped, and he pulled off the blindfold. â€Å"You don't have to keep your eyes down,† he told me when my head ducked automatically. â€Å"There's nothing here to give us away. Just in case this place was ever discovered.† It wasn't a cave. It was a rock slide. A few of the bigger boulders had been carefully excavated, leaving clever dark spaces under them that no one would suspect of housing anything but dirt and smaller rocks. The jeep was already lodged in a tight space. I was so close to the rock, I had to climb over the back of the jeep to get out. There was something odd attached to the bumper-chains and two very dirty tarps, all ragged and torn. â€Å"Here,† Jared said, and led the way to a shadowy crevice just a little shorter than he was. He brushed aside a dusty, dirt-colored tarp and rifled through a pile hiding behind it. He pulled out a T-shirt, soft and clean, with tags still attached. He ripped those off and threw the shirt to me. Then he dug until he found a pair of khaki pants. He checked the size, then flipped them to me, too. â€Å"Put them on.† I hesitated for a moment while he waited, wondering what my problem was. I flushed and then turned my back to him. I yanked my ragged shirt over my head and replaced it as quickly as my fumbling fingers could manage. I heard him clear his throat. â€Å"Oh. I'll, uh, get the car.† His footsteps moved away. I stripped off my tattered cutoff sweats and pulled the crisp new pants into place. My shoes were in bad shape, but they weren't that noticeable. Besides, comfortable shoes weren't always easy to come by. I could pretend I had an attachment to this pair. Another engine came to life, quieter than the jeep's. I turned to see a modest, unremarkable sedan pull out of a deep shadow under a boulder. Jared got out and chained the tattered tarps from the jeep to this car's rear bumper. Then he drove it to where I stood, and as I saw the heavy tarps wipe the tire tracks from the dirt, I comprehended their purpose. Jared leaned across the seat to open the passenger door. There was a backpack on the seat. It lay flat, empty. I nodded to myself. Yes, this I needed. â€Å"Let's go.† â€Å"Hold on,† I said. I crouched to look at myself in the side mirror. Not good. I flipped my chin-length hair over my cheek, but it wasn't enough. I touched my cheek and bit my lip. â€Å"Jared. I can't go in with my face like this.† I pointed to the long, jagged scar across my skin. â€Å"What?† he demanded. â€Å"No soul would have a scar like this. They would have had it treated. They'll wonder where I've been. They'll ask questions.† His eyes widened and then narrowed. â€Å"Maybe you should have thought of this before I snuck you out. If we go back now, they'll think it was a ploy for you to learn the way out.† â€Å"We're not going back without medicine for Jamie.† My voice was harder than his. His got harder to match it. â€Å"What do you propose we do, then, Wanda?† â€Å"I'll need a rock.† I sighed. â€Å"You're going to have to hit me.†

Management Concept Essay Example | Topics and Well Written Essays - 1500 words

Management Concept - Essay Example A manager's job consists of planning, organizing, directing, and controlling the resources of the organization. These resources include people, jobs or positions, technology, facilities and equipment, materials and supplies, information, and money. Managers work in a dynamic environment and must anticipate and adapt to challenges. The job of every manager involves what is known as the functions of management: planning, organizing, directing, and controlling. These functions are goal-directed, interrelated and interdependent. Planning involves devising a systematic process for attaining the goals of the organization. It prepares the organization for the future. Organizing involves arranging the necessary resources to carry out the plan. It is the process of creating structure, establishing relationships, and allocating resources to accomplish the goals of the organization. Directing involves the guiding, leading, and overseeing of employees to achieve organizational goals. Controlling involves verifying that actual performance matches the plan. If performance results do not match the plan, corrective action is taken. Henri Fayol, the father of the school of Systematic Management, was motivated to create a theoretical foundation for a managerial educational program based on his experience as a successful managing director of a mining company. In his day, managers had no formal training and he observed that the increasing complexity of organizations would require more professional management. Fayol's legacy is his generic Principles of Management. Of Fayol's six generic activities for industrial undertakings (technical, commercial, financial, security, accounting, managerial), the most important were The Five Functions of Management that focused on the key relationships between personnel and its management. The Five Functions are: Planning: Drawing up plans of actions that combine unity, continuity, flexibility and precision given the organization's resources, type and significance of work and future trends. Creating a plan of action is the most difficult of the five tasks and requires the active participation of the entire organization. Planning must be coordinated on different levels and with different time horizons; Organizing: Providing capital, personnel and raw materials for the day-to-day running of the business, and building a structure to match the work. Organizational structure depends entirely on the number of employees. An increase in the number of functions expands the organization horizontally and promotes additional layers of supervision; Commanding: Optimizing return from all employees in the interest of the entire enterprise. Successful managers have personal integrity, communicate clearly and base their judgments on regular audits. Their thorough knowledge of personnel creates unity, energy, initiative and loyalty and eliminates incompetence; Coordinating: Unifying and harmonizing activities and efforts to maintain the balance between the activities of the organization as in sales to production and procurement to production. Fayol recommended weekly conferences for department heads to solve problems of common interest; Controlling: Identifying

Navajo Music and Way of Life Essay Example | Topics and Well Written Essays - 750 words

Navajo Music and Way of Life - Essay Example Traditionally, Navajo music was composed of male falsetto, yells, and percussion, but due to western influence, the situation has changed; as there is an integration of modernity into Navajo music. Navajo music has evolved tremendously to be where it is today. Traditionally, one could listen to a performance and forget it ever happened, as recording and storage of music were not known then. However, in the modern age, one can have a recorded performance and as well create stored samples of it for future reference. This has provided avenues for selling off the Navajo music, and the fans having an easier way of reviving their musical memories. In the activities of music, there are two parties that are the performers and listeners. In the performer's section, there are singers, dancers and those playing various musical instruments such as drums and flutes. Various bands are also formed depending on the ceremonies the songs are to be sung; which in most cases are the ritual ceremonies. T he Navajo music is also unique in its own way, being that anyone is free to attend the various musical concerts; except for those requiring membership of strictly men or women of the Navajo community, such as ritual songs. On social organization, blues celebrities were considered of low-status in the society when they arose. However, upon gaining popularity abroad, they gained respect and had a high social status. This enabled them to sell their music better and gain higher chances of playing at concerts.

Civil War Essay Example | Topics and Well Written Essays - 1000 words

Civil War - Essay Example The civil war between the North and the South served as crossroads for the development of the nation in future. In order to understand the American nation as a whole, the civil war has to be studied as it has been claimed that â€Å"what America is today† is due to the civil war of the nineteenth century. The civil war has played a key role in defining the existence and character of the United States of today. Before the civil war, America was viewed as a nation segregated into different states. The civil war transformed America into a comprehensive nation comprising of several states and is named as the United States of America. The most important cause for the civil war in America from 1861 to 1865 was the issue if slavery (Rhodes, 2009). The civil war is seen as the internal war between the states of America. The Northern states were opponents of slavery and never supported the issue as it did not resemble the true spirits of America. The Northern sates formed the Union. Th e Southern states depended on slavery for sustaining the growth of economy. The civil war gained momentum when the slavery was proposed to be spread to the western states. Due to opposite views, the Southern states of America that were slave states declared secession from the Union. The southern states of America wanted themselves free from the shackles of the Union and wanted a separate existence. The Southern states declared a separate confederation of states in America as a symbol of the secession. The Union wanted to keep United States in tact and had the intentions of setting the states free from slavery. As a result of this, a bloody civil war occurred between the northern and the southern states that continued over a period of four years. There was no intervention of foreign power in the civil war of America. The civil war resulted in huge loss of infrastructure and loss of lives of the people of America. More than 600,000 soldiers were killed in the war and the properties an d infrastructure of the southern states were devastated. The confederation of the southern states ultimately collapsed and it was possible to finally get rid of slavery. The process of reconstruction of the nation led to the restoration of national unity. The slaves were freed and individual were granted fundamental rights of freedom. Thus the civil war was the platform for the formation of national unity and integrity of the states of America (Mitchell, 2001). The abolition of slavery and grant of fundamental rights and freedom to the individuals led to the formation of United States of America. Thus, an analysis of the civil war, its causes and consequences are important to understand the identity, existence and character of today’s United States of America. Cause of victory of North despite resistance of South The civil war that started between the Northern and the Southern states of America observed some fierce encounters. There were fierce resistances put up by the South ern state generals in order to save their confederation of states. The Union under the leadership of Abraham Lincoln sent the forces to capture the southern states as they differed from the policies of the Union. The resistance and fight put up by the southern generals like Robert Lee and Stonewall Jackson were brilliant in order to defend their cause and inflicted huge damage on the Northern states. Under the orders of Abraham Lincoln,

Weekly progress report Coursework Example | Topics and Well Written Essays - 500 words - 2

Weekly progress report - Coursework Example government through wired technologies that have been replaced by mobile technologies because of easy availability and large penetration and acceptance. I also read the article titled Principles of Public Administration written by Jeong C. and Nawi F. (2007) on Tuesday and Wednesday, three hours each day, to understand the role of information communication technologies enhancing the efficiency of government’s information. I also read the article titled M-Commerce: Technologies, services, and business models written by Sadeh (2002), stating mobile government is the strategic and advanced use of government services through mobile and cellular devices, on Wednesday and Thursday, three hours each day. The research conducted by Caroll (2005), titled Risky Business: Will Citizens Accept M-government in the Long Term, stated that unless the government understands the needs and requirements of citizens, long term value cannot be achieved. In the upcoming week, I will gain deep understanding over research methods and designs by following the book Research Methods for Business Students written by Saunders et al (2007). Based on the reading and personal idea, I will be formulating strategies for collecting primary data along with identifying samples for the research process. I will be reading chapter 4 based on understanding research philosophies and approaches on Saturday and Sunday for three hours each day; chapter 5 based on formulating research design, chapter 7 titled Collecting Samples, and chapter 11 based on collecting primary data through questionnaires on Monday, Tuesday and Wednesday respectively for four hours each day. It will help me in forming a profound understanding over sampling and data collection methods. I will preferably use snow ball sampling method as it allows identifying few numbers of respondents and seeking further references for them. This strategy will be used to identify samples for the su rvey purpose. I will also design questionnaires for

MUSIC DISCCUSION MORALITY PLAYS THEN AND NOW Term Paper

MUSIC DISCCUSION MORALITY PLAYS THEN AND NOW - Term Paper Example It resulted to the death of the Groom and Leonardo, the Bride’s Lover, who killed each other. Another play is the Tooth of Crime written by Harold Pinter in 1972. It features a ritual battle-to-the-death between what seems to be rock stars but in reality could be professional hit menor cowboys. Modern-day morality stories are still popular with movie-goers and as entertainment for today’s society. For me, they are still popular because of the moral lessons they convey. As human beings, we normally want to learn from the stories we read and movies we watch. Besides, we can recommend the younger generations to watch such plays as long as they are morally-guided. Another reason is that morality stories are usually based on true-to-life situations so we can really learn from them. Although there may be fictional characterizations, still the lessons are not as different as in everyday

Apple Strategy Essay Example | Topics and Well Written Essays - 1250 words

Apple Strategy - Essay Example This has been done using the quality employees who they employ. In recruiting the new employees, Apple does not necessarily follow what most companies have been doing. Contrary, Apple looks for great sales persons who have been using their products and have consequently developed a likeness of the same. By doing this, they help differentiate true enthusiasm and the salespersons believe in the products. The company has gone further to invent black cards. This strategy is to be used by their customers whereby they can issue black cards to their employees. The cards have an Apple emblem and they contain some written materials on the sidelines. This card directs the Apple customers to talk to the company. On the rear side of the black card, it recommends the Apple customers to fill in, whereby they indicate, whether they have received good customer service or not. Moreover, the company has also developed an idea of a store within a store. This has been achieved through the setting up of Apple shops in big departmental stores and supermarkets such as the Best Buy. They have also placed Apple consultants at this shops whereby they train employees about their brands and all others (Apple Inc., 2010, p.1). For Apple to climb to such heights, the company has developed a distribution and market segment that has overseen the brand name attain global recognition. Through its distribution and marketing segment, the company sells its product throughout the world using online stores, retail stores, direct sales force, third-party wholesalers, resellers, and value-added resellers. The company also sells to consumers, of large-scale and small-scale, and small and medium sized business, creative customers, education, enterprise, and the government (Apple Inc., 2010, p.1). Business Strategies Apple has employed high standard of business strategy, which are followed by all members of the institution. This is done because the company is committed to delivering nothing but the best personal computing, moveable digital music and moveable communication practice to customers, scholars, instructors, commerce, and administration agencies through its groundbreaking hardware, software, peripherals, amenities, and internet offerings. The company’s business level strategies shows the companies unique ability to come up with, and develop the companies own operating system, hardware, application software, and services to deliver its clienteles different products and elucidations with superior ease-of-use, seamless integration, and innovative industrial design (Apple Inc., 2010, p.1). This company believes strongly in the need for continued investments in research and development. The reason is that the development of this will enhance innovativeness in its products and technologies. In the business level strategies, the company considers the use of cost leadership. This is done in order to compete for a wide customer base, which is usually based on its prices. How ever, the products developed by Apple are expensive for moderate people in other countries outside the US. Nevertheless, these prices are based on internal efficiency so that the company can form a margin, which will sustain above average returns and cost to the customer so that customers will purchase Apples products. This happens since the technology sector is standardized whereby if a company fails to achieve certain targets, other rival companies will surpass it. Some of Apples largest competitors are Samsung and HTC. However, there has been a continuous effort to lower the cost to be relative to customers (Apple Inc., 2

The Siete Partidas in regards to the Jewish people in Iberia Term Paper - 1

The Siete Partidas in regards to the Jewish people in Iberia - Term Paper Example They also introduced Islam and new ideologies. The end result was constant conflict and stratification. The Muslim Spain (al-Andalus) had to tighten their political and military system so as to ensure an intensive and effective regime that would gain control of the earlier occupants, with minimum opposition, attacks and revolts. Having gained dominion over the peninsula, the al-Andalus sought to introduce the political and administrative systems and structures that they were conversant with those that were already established in the East. For instance, they destroyed the monarchy that characterized the Visigothic system and substituted it with emirate system3. Under this system, the al-Andalus was to form an administrative unit, with an Arab military ruler from amongst the Muslims in Muslim Spain. Technically, this administrative unit would be said to be a sub unit under Damascus at first, as the ruler pledged loyalty to the Umayyad caliph (the overall ruler) in Damascus. However, a few years later, this emirate gained its independence when `Abbasids took over leadership, killed members of the Ummayad family and defied the traditional requirement of pledging loyalty to the Caliph in Damascus. However, some Muslims, in theory continued to recognize the caliphate of Baghdad. The emirate was divided into provi nces, each headed with its functionaries. Under Emirate system, the overall political head that would be in charge of the entire Muslim Spain was called the amir. The final administrative authority was also vested in the amir. As administrative and political head, Amir made all the political; and administrative decisions that pertained to the provinces. He was also in charge of appointing all the functionaries. He also decided on issues pertaining to taxation, like the quantity of tax to be levied at particular place and

Native Americans in the United States Essay Example for Free

Native Americans in the United States Essay Dentify the economic, political, and/or social causes of the Civil War assess the influence of individuals and groups in the U. S. government on Reconstruction assess the influence of individuals and groups in the South on Reconstruction distinguish and analyze the freedoms guaranteed to African Americans in the 13th, 14th, and 15th Amendments to the Constitution analyze the various components of Jim Crow legislation and their effects on Southern minorities describe efforts by the U. S. Government to assimilate Native Americans into American culture identify significant events that impacted the relationship between the government, Native Americans, and American citizens identify settlement patterns in the American West, the reservation system, and/or the tribulations of the Native Americans from 1865–90 After completing this lesson, you will be able to evaluate the causes and consequences of the Civil War identify the economic, political, and/or social causes of the Civil War assess the influence of individuals and groups in the U. S. government on Reconstruction assess the influence of individuals and groups in the South on Reconstruction distinguish and analyze the freedoms guaranteed to African Americans in the 13th, 14th, and 15th Amendments to the Constitution analyze the various components of Jim Crow legislation and their distinguish and analyze the freedoms guaranteed to African Americans in the 13th, 14th, and 15th Amendments to the Constitution effects on Southern minorities describe efforts by the U. S. Government to assimilate Native Americans into American culture identify significant events that impacted the relationship between the government, Native Americans, and American citizens identify settlement patterns in the American West, the reservation system, and/or the tribulations of the Native Americans from 1865–90After completing this lesson, you will be able to evaluate the causes and consequences of the Civil War identify the economic, political, and/or social causes of the Civil War assess the influence of individuals and groups in the U. S. Government on Reconstruction assess the influence of individuals and groups in the South on Reconstruction distinguish and analyze the freedoms guaranteed to African Americans in the 13th, 14th, and 15th Amendments to the Constitution analyze the various components of Jim Crow legislation and their effects on Southern minorities describe efforts by the U. S. government to assimilate Native Americans into American culture identify significant events that impacted the relationship between the government, Native Americans, and American citizens identify settlement patterns in the American West, the reservation system, and/or the tribulations of the Native Americans from 1865–90.

Reviewing a Redundancy Decision

Reviewing a Redundancy Decision It is well established that when reviewing a redundancy decision the Authority  or Court will look at two factors. They are the genuineness of the redundancy and the  procedure by which it was carried out. The enquiry into each factor is carried out  separately (Coutts Cars Ltd v Baguley [2001] ERNZ 660 (CA)). Section 103A of the Employment Relations Act 2000 (the Act) requires an  employer must, before dismissing an employee, raise its concerns, allow the employee  an opportunity to respond and consider the response with an open mind  (ss.103A(3)(b) to (d)). That these requirements remain in the form of a consultation process in a  redundancy setting is confirmed by s.4(1A)(c) of the Act. The relationship was  confirmed by the Court in Jinkinson v Oceana Gold (NZ) Ltd [2010] NZEmpC 102. The Court recently affirmed in Rittson-Thomas t/a Totara Hills Farm v Davidson1 that it is not for the Court (or the Authority) to substitute its own view as to whether a position should be considered redundant (or not). Rather the inquiry should be in accordance with the statutory requirements, that is: whether what was done (the dismissal and the substantive reasons for it), and how it was done (the process undertaken), was what a fair and reasonable employer could have done in all the circumstances at the time of the dismissal.2 Section 103A Employment Relations Act 2000 Substantive Justification for dismissal is addressed in s.103A of the Employment Relations Act 2000 (the Act), which states: S103A Test of Justification i. For the purposes of section 103(1) (a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2). ii. The test is whether the employers actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. [63] The Test of Justification requires that the employer acted in a manner that was substantively and procedurally fair. An employer must establish that the dismissal was a decision that a fair and reasonable employer could have made in all the circumstances at the relevant time. [64] In the Employment Law case Michael Rittson-Thomas T/A Totara Hills Farm v Hamish Davidson1 Unrep [2013] NZEmpC 39 20 March 2013 (Rittson) his Honour Chief Judge Colgan considered that the Court cannot impose or substitute its business judgment for that of the employer taken at the time, however: [54] à ¢Ã¢â€š ¬Ã‚ ¦ the Court (or the Authority) must determine whether what was done and how it was done, were what a fair and reasonable employer would (now could) have done in all the circumstances at the time. So the standard is not the Courts (or the Authoritys) own assessment but rather, its assessment of what a fair and reasonable employer would/could have done and how. Those are separate and distinct standards. It is well established that when reviewing redundancy decisions the Authority or Court will look at two factors. They are the genuineness of the redundancy and the procedure by which it is carried out. The inquiry into each factor is carried out separately (Coutts Cars Ltd v. Bageley [2001] ERNZ 660 (CA)). - [27] Regarding the justifiability of a dismissal on grounds of redundancy, the starting point is to enquire whether the decision to make a position redundant was made for proper business purposes so as to ensure a purported redundancy is not an attempt to legitimize a dismissal where the predominate reason for termination of employment is for other reasons. [28] As with any allegation of unjustified dismissal, the onus is on the employer to demonstrate that its decision to terminate an employees employment was justified.3 Section 103A Employment Relations Act 2000 [29] In Rittson-Thomas [2013] NZEmpC 39 the Employment Court recently stated: It will be insufficient under s.103A, where an employer is challenged to justify dismissal or a disadvantage in employment, for the employer to say that this was a genuine business decision and the Court (or Authority) is not entitled to enquire into the merits of it.4 [60] The Court of Appeal statement of the law regarding the genuineness of a redundancy in GN Hale Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (Hale) was that: An employer is entitled to make his business more efficient, as for example by automation, abandonment of unprofitable activities, reorganisation or other cost-saving steps, no matter whether or not the business would otherwise go to the wall. A worker does not have a right to continued employment if the business can be run more efficiently without him. [61] However since Hale was decided, justification for dismissal is now as stated in the Employment Relations Act 2000 (the Act), which at s 103A of the Act sets out the Test of Justification as being: S103A Test of Justification i. For the purposes of section 103(1) (a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2). ii. The test is whether the employers actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. [62] The Test of Justification requires that the employer acted in a manner that was substantively and procedurally fair. An employer must establish that the dismissal was a decision that a fair and reasonable employer could have made in all the circumstances at the relevant time. [63] The Employment Court has issued recent decisions in this area which have reexamined the statement of the law in Hale in light of s 103A of the Act. [64] In Michael Rittson-Thomas T/A Totara Hills Farm v Hamish Davidson Unrep [2013] NZEmpC 39 20 March 2013 (Rittson) the Court referred to Hale and its previous comments about Hale in Simpsons Farms Limited v Aberhart [2006] ERNZ 825,842 . His Honour Chief Judge Colgan considered that the Court cannot impose or substitute its business judgment for that of the employer taken at the time, however: [54] à ¢Ã¢â€š ¬Ã‚ ¦ the Court (or the Authority) must determine whether what was done and how it was done, were what a fair and reasonable employer would (now could) have done in all the circumstances at the time. So the standard is not the Courts (or the Authoritys) own assessment but rather, its assessment of what a fair and reasonable employer would/could have done and how. Those are separate and distinct standards. [65] In that case, the Court was critical of the lack of information provided to the employee, and held that the employer had not adequately explained why the money saved by the disestablishment of the employees position justified the position being made redundant. The Court found upon analysis that the employer had been mistaken in concluding that there would be a wage saving of 10% per annum, when in fact it was 6%. This threw into doubt the genuineness of and, therefore, the justification for, the dismissal. [66] In Brake v Grace Team Accounting Limited [2013] NZEmpC 81 13 May 2013 (Brake) Travis J firmly endorsed Rittson, finding in that case that although the employer claimed that its financial position had deteriorated over the six months the employee had been employed requiring a reduction in salaries, in fact analysis by the Court concluded that the employers figures were incorrect and there had been no sudden deterioration. [67] On this basis it was held that the employers justification for the dismissal was mistaken, with the consequence that the dismissal of the employee was unjustified. [68] In Catherine Tan v Morningstar Institute of Education Ltd T/A Morningstar Preschool Ltd [2013] NZEmpC 82 16 May 2013 the Court adopted a similar approach. As in the case of the employee in Brake, Ms Tan had been provided with factually incorrect information about the employers financial position. She had been misled into thinking that the redundancy of her position was inevitable when it was not; the cost savings were relatively minor and insufficient to have satisfied the employers requirements. [26] In its submissions, Checkmate refers to a decision of the Authority BodePatterson v Hammond-Smith and Smith t/a I Love Merino Limited [2013] NZERA Auckland 294 ( Member Anderson ). In that decision, the Authority sets out an excellent summary of the law in respect to redundancy and for the purposes of the present decision, the analysis in Bode-Patterson is adopted without amendment. [27] For present purposes, it is enough to say that the law requires the Authority to enquire into the genuineness of a redundancy so as to ensure that the redundancy is being activated for proper business purposes and not being undertaken for base motives. [28] Further, it is important to note that it is not enough for a business owner to simply claim the necessity to make structural changes; they must be prepared to demonstrate that necessity to the satisfaction of the Authority. [29] In broad terms then, there are two enquiries that the Authority must make to satisfy itself about the genuineness of the redundancy. The first is to establish whether the evidence supports the employers contention that there were genuine business reasons for the redundancy and the second is to ensure that there is no base motive underpinning the decision to dismiss for redundancy such as, for instance, a conviction on the part of the employer that the business would be better off without the incumbent of the role to be made redundant. Attached as it were to that last consideration is an examination of whether there is evidence of mixed motives. [30] Dealing first with the underlying genuineness of the decision to declare redundancy, it is appropriate to remember Chief Judge Colgans observations in Michael Rittson-Thomas t/a Totara Hills Farm v Hamish Davidson [2013] NZEmpC 39 (Rittson-Thomas) wherein His Honour had this to say: It will be insufficient under s.103A, where an employer is challenged to justify a dismissal or disadvantage in employment, for the employer to say that this was a genuine business decision and the Court (or Authority) is not entitled to enquire into the merits of it. The Court (or Authority) will need to do so to determine whether the decision, and how it was reached, were what a fair and reasonable employer would/could have done in all the relevant circumstances. Procedure [67] An employer who is proposing to restructure its business or any part of its business must not only have genuine reasons for undertaking the restructuring, but must follow a fair procedure in respect of affected employees. [68] Provisions of the Act govern questions of justification for dismissal and, in particular, dismissal by reason of redundancy. Section 4 of the Act addresses the requirement for parties to the employment relationship to deal with each other in good faith. Section 4(1A)(c) in particular is relevant to a redundancy situation and requires an employer who is proposing to make a decision that will, or is likely to, have an adverse effect on the continuation of employment of an employee to provide to the employee affected: (i) access to information, relevant to the continuation of the employees employment, about the decision; and (ii) an opportunity to comment on the information to their employer before a decision is made. s4 (1A)(i) and (ii). [69] In a redundancy situation a fair and reasonable employer must, if challenged, be able to establish that he or she has complied with the statutory obligations of good faith dealing in s4 of the Act. His Honour Chief Judge Colgan in Simpsons Farms Limited v Aberhart2 [2006] ERNZ 825,842 noted that this compliance with good faith dealing includes consultation as the fair and reasonable employer will comply with the law Turning to process. Section 103A of the Employment Relations Act 2000 (the Act) requires an employer must, before dismissing an employee, raise its concerns, allow the employee an opportunity to respond and consider the response with an open mind (ss.103A(3)(b) to (d) of the Act). That these requirements, in the form of a consultation process, remain in the redundancy setting is expressly confirmed by s.4(1a)(c) of the Act and the relationship between the two sections is confirmed by the Court in Jinkinson v. Oceanagold (NZ) Ltd [2010] NZEmpC 102. The Court of Appeal in Aoraki Corp v McGavin [1998] 1 ERNZ 601 stated at page 619, the following proposition. What is crucial, however, is to recognise that the remedy can relate only to the particular wrong, to what has been lost or suffered as a result of the particular breach or failure. In this case the personal grievance is not that the employment was terminated, but that the manner of implementation of the decision to terminate was procedurally unfair. - Consultation In Simpsons Farms Limited v Aberhart6 Simpsons Farms Ltd and Aberhart [2006] ERNZ 825   the Chief Judge noted Consultation does not require agreement between the parties however genuine efforts must be made to reasonably accommodate the views of the employees and there should be a tendency to achieve consensus7 . - [37] Section s.4(1A)(c) of the Employment Relations Act places an obligation on an employer proposing to make a decision that may affect an employees ongoing employment, to provide to a potentially affected employee access to information relevant to its decision and an opportunity to comment on that information before making a final decision. [38] Further, where an employer is contemplating dismissal on grounds of redundancy, good faith requires an employer to consult with a potentially affected employee about the possibility of redundancy5 . Simpsons Farms Ltd and Aberhart [2006] ERNZ 825 [39] The requirements for an employer to provide information, and to act in good faith also assists the Authority in its assessment as to whether the employers decision was what a fair and reasonable employer could have done in all the circumstances. - Provide information [55] It is a truism that employers in a restructuring environment are obligated to provide affected staff with access to information, relevant to the continuation of the employees employment, about the decision; and à ¢Ã¢â€š ¬Ã‚ ¦ an opportunity to comment on the information to their employer before the decision is made: s.4(1A)(c) of the Act. [56] Those precepts were emphasised in a decision of the Full Bench of the Employment Court in Vice Chancellor of Massey University v. Martin Wrigley Ors [2011] NZEmpC 37 (Wrigley). [57] In para.[48] of the judgment, the Court says: When a business is restructured, the employer will, in most cases, have almost total power over the outcome. To the extent that affected employees may influence the employers final decision, they can do so only if they have knowledge and understanding of the relevant issues and a real opportunity to express their thoughts about those issues. In this sense, knowledge is the key to giving employees some measure of power to reduce the otherwise overwhelming inequality of power in favour of the employer. [58] And again at para.[55] of the judgment, the Court says: The purpose of s.4(1A)(c) is to be found in para.(ii) which requires the employer to give the employees an opportunity to comment before the decision is made. That opportunity must be real and not limited by the extent of the information made available by the employer. [emphasis added] Consultation [77] The law on consultation in a redundancy setting is well settled. An employer contemplating a restructure which affects an employee or employees must engage with those employees in good faith such that the employee has a straightforward opportunity to engage in the process, be aware of the issues driving the employer, and, amongst other things, suggest alternatives that the employer may not have thought of or may not have fully worked up. - Good faith [38] Even if a redundancy is decided upon for genuine business reasons if the justification for the redundancy is challenged by an employee the employer must be able to prove to the Authority that the decision made and how it was reached was what a fair and reasonable employer could have done in the circumstances that existed at the time3 Section 103A Employment Relations Act 2000.. In applying the tests under s.103A of the Employment Relations Act 2000 (the Act), Chief Judge Colgan of the Employment Court has recently explained that: [54] It will be insufficient under section 103A, where an employer is challenged to justify a dismissal or disadvantage in employment, for the employer simply to say that this was a genuine business decision and the Court (or the Authority) is not entitled to enquire into the merits of it. The Court (or the Authority) will need to do so to determine whether the decision, and how it was reached, were what a fair and reasonable employer would/could have done in all the relevant circumstances. 4 Michael Rittson-Thomas trading as Totara Hills Farm v Davidson [2013] NZEmpC 39 [39] Genuine consultation with an affected employee is required. Remedies Section 123(1)(a) to (c) of the Act provides as follows: (1) Where the Authority or the court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employees former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance: (c) the payment to the employee of compensation by the employees employer, including compensation for- (i) humiliation, loss of dignity, and injury to the feelings of the employee; and (ii) loss of any benefit, whether or not of a monetary kind, which the employee might reasonably have been expected to obtain if the personal grievance had not arisen. Contribution Section 124 of the Act, requires that where the Authority has determined that an employee has a personal grievance, the Authority must consider the extent to which the actions of the employee contributed towards the situation that gave rise to the personal grievance and remedies are to be withheld or reduced where there has been contribution or fault on the part of the employee. - Loss of rem Section 123(1)(b) provides that an employee dismissed unjustifiably may be reimbursed a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance. In Aoraki Corporation v McGavin9 the Court of Appeal held that in the absence of a contractual stipulation, the general practice as to the period of notice does not support fixing notice in excess of one month. If a redundancy is found to be genuine as I have in this matter, and a personal grievance for unjustified dismissal is upheld on grounds of procedural unfairness, remedies are confined to the distress caused by the way the redundancy was handled, rather than the loss of the job itself - Reimbursement of Lost Wages [52] Employees are under a duty to mitigate their loss and in this case there was insufficient evidence presented to the Authority to support the fact that Ms Whaanga had made a real effort to mitigate her loss. As Chief Judge Colgan made clear in Allen v Transpacific Industries Group Ltd (t/a Mediasmart Ltd) (2009) 6 NZELR 530, par 78: à ¢Ã¢â€š ¬Ã‚ ¦ dismissed employees are not only under an obligation to mitigate loss but to establish this in evidence if called upon. This will require, in practice, a detailed account of efforts made to obtain employment including dates, places, names, copies of correspondence and the like. [53] Ms Whaanga has not established evidence to support her efforts to mitigate her loss and in these circumstances I find that there is no compensation for lost wages is payable to her.