Thursday, January 30, 2020
Evaluate the Effectiveness of the Legal System Essay Example for Free
Evaluate the Effectiveness of the Legal System Essay â€Å"World order†is the term given to the balance of power among the nation states of the world. Differences between these nations can lead to a power imbalance, which affects world order. It can best be achieved through agreements between states and other international instruments that set out the ideal international standards of behavior for states on a number of issues. But conflicts arise between countries due to differences in cultural attitudes and the desire for extra territory. In order to settle such disputes the international community has legal bodies such as the United Nations to cooperate with countries to find solutions and be a leader in settling and spreading ethical standards. Their prime aim is to promote world order. But for society not only the autonomy of nations and the lack of enforcement power but also a range of other factors limit the effectiveness of such an organisations. Each country has its own perspective on world order and not all meets eye to eye. But it can be argued that world order is a necessity in today’s society. There are many conflicts between majorities and minorities or nation against nation that can take many forms such as guerilla, military and nuclear warfare. An example of a military conflict was the Gulf war between Iraq and the UN lead forces concerning the occupation of Kuwait. But not all conflicts fit into the category of direct confrontation; some arise when a group ignores the needs of another or exploits them. For example after a long civil war in 1996 when the Taliban took control of Afghanistan. Many measures severely restricted women’s rights and alienated other Afghans. Due to an imbalance of economic power further conflicts can arise such as when a third world country cannot compete with developed nations because of the lack of capital they possess. When a dominant group expands its power by taking over territory and increasing its population and its resources, it is called expansion, which affects the international power structure that can possibly threaten world order. Even though it can be achieved through peaceful practices it mainly takes form in a conflict. In a stable global environment, interdependence, this means that nations rely upon others, can have favorable outcomes. But in an unstable world order, it can lead to conflict and the possible subjugation of weaker nations. Throughout history, local communities and indigenous people have suffered dramatically from conflict and expansion as more dominant groups have both directly and indirectly damaged their culture through the loss of customs, social structure and language. International crimes are criminal acts that have international repercussions on people, state, peace, law and enforcement of international law. The ICC has the jurisdiction over some international crimes. Such international crimes include apartheid (South Africa), genocide (Rwanda), Crimes against humanity (Former Yugoslavia), war crimes (Kosovo), piracy and hijacking. In the international sphere, force plays an important role in maintaining law and order which are critical in the success of world order. The use of force is seen as the most obvious way to maintain order and prevent or resolve conflicts. But it comes with such negatives as being highly expensive and costly in terms of the civilians and soldiers lost. Over the last century two world organisations have been established to prevent war and have legal authority to use force in certain circumstances. After World War One in 1920 the League of Nations was created as a place where governments could bring their disputes. But the L of N had no automatic right to intervene and most governments didn’t agree in bringing disputes before it. With limited membership and those that were members weren’t accustomed to working together, it was flawed. It was however able to make progress in the suppression of slavery, world health, the protection and care for refugees and settling minor disputes. But once the 1930’s began it cease to have any political relevance. After the failure of the League of Nations the United Nations formed, which founded a charter that outlined its purpose and methods of achieving it’s goals. The Un charter (1945) enshrined the idea that force or the threat of force should not be the norm in international relations. Although they were realistic enough to realise that force would sometimes be used. The UN was deliberately created as a more ambitious organisation and has six main organs: The Security Council, the General Assembly, Secretariat, the Security Council, Economic and Social Council, International Court of Justice and Trusteeship Council. Membership is based on whether the nation state is â€Å"peace loving†and willing to accept all the obligations of the UN Charter. The Security Council consists of fifteen member states with only five permanent members, which have the power to veto majority decisions. These five permanent members are Britain, France, USA, China and Russian Federation, which reflect the dominance each has in the world order (except Russia). The UN gives the Security Council, which is responsible for international peace and security, two ways of dealing with a threat to world peace. The first involves the use of peaceful methods such as economic sanctions. The second involves the use of armed forces. Peacekeeping is defined by as: The maintenance of international peace using formed troops under UN control to prevent the outbreak or renewal of fighting or by stabilising a situation sufficiently to promote peace. †Butterworths Australian Legal Dictionary. The Un Peacekeepers are an assembly of a very diverse, international group of soldiers and civilians, which assists in settling disputes that restores the peace in an area. However it doesn’t constitute an army as often they are made up of doctors, nurses and pilots. In many situations UN peacekeepers help clear landmines, train civilians and even monitor elections. For example in Namibia, the UN peacekeepers supervised a democratic election, which lead to the county’s sovereignty. The presence of peacekeepers can have positive affects such as the limit in the spread of violence in Haiti and Cyprus, but in other places they have been less successful i. e. the UN peacekeeping in Somalia in 1992. As Somalia fell into clan-based civil war, the country collapsed and the UN was unable to restore peace and eventually departed as Somalia remained in chaos. Originally the five permanent members of the Security Council were meant to coordinate the peacekeeping forces. But in reality they are conducted outside the UN’s regular budget, where national governments deployed troops to the peacekeeping efforts. Much of the peacekeeping is done by Ireland, Sweden and Australia. Australia has contributed either military forces or police to 54 peacekeeping forces and in 1999-2000 Australia played a leading role in reestablishing order in East Timor. Australia has also conducted peacekeeping efforts outside of the UN’s operation in Solomon Islands and Papua New Guinea. On the other hand the UN peacekeepers are limited in their effectiveness as they can only use force in self-defense, therefore they cannot directly intervene unless they are shot at and made themselves targets of conflict. Due to the dominance of some states in the world order, there is no equal treatment between nations states, which are members of the UN. Even though the UN charter states that there must be equality, in practice it does not exist. Due to the nature of certain UN bodies it is inevitable that smaller states are marginalized. However the situating of the United Nations in New York enables every member to sit side by side and have an immediate translation of languages, which breaks down barriers to communication. The UN has successfully raised the conscience of human rights through its conventions and the attention to specific abuses through its resolutions. But its ability to function is hampered by its financial problems as it is expected to govern the country on $8 billion per year, which is less than the amount of money the world spends on defense each week. It is resource ineffective as it ahs gone deeper in to debt as countries are slow to pay. Its enforceability is limited as it lacks the power to sufficient apply equal force to every nation should members ignore UN resolutions. War is not the only means of ending a conflict; a more peaceful method is through international tribunals. The International Court of Justice is an arm of the UN and is therefore one of the worlds main judicial bodies. Established in 1946, it is sometime referred to as the ‘world court. With its jurisdiction applies when it is in accordance with international law. Its primary role is to decide matters submitted by countries and to advise on the matters. It can also apply its authority when there is a special agreement about a dispute in which the parties to a treaty nominate the ICJ as the mechanism for resolution. The ICJ is a permanent court where 15 judges are elected by the UN Security Council and the General assembly. Not only can the ICJ resolve disputes by making a ruling, it can also generate political pressure to persuade countries to alter their behavior. In theory, the courts decisions are binding and without appeal. However in practice the losing party unwilling to abide by the ruling and the Security Council often limits its effectiveness is restricted to enforce the ruling. For example in the case of the US versus Nicaragua (1984), the decision stated that the US had to cease unlawful terrorist activities against Nicaragua and ordered that the US pay reparation. However they refused to pay and subsequently withdrew from the ICJ. But one of the main limitations the ICJ has is that only states can be parties to cases before the court. No individual, organisation or company can bring forth a matter. Plus both parties need to agree to have the court hear the matter. This is a dilemma in itself as the rulings are final and no country is going to openly dispute the matter where there is a possibility of losing. Its restrictive power reduces its ability to take initiatives and its lack of power to enforce and police its decisions has become a major criticism. The International Criminal Court ICC was established in 2002 as a permanent tribunal to prosecute individuals for committing genocide, crimes against humanity, crimes of aggression and war crimes. The ICC is a treaty based, legal entity independent from the UN. Despite this autonomy it works closely with the UN to promote the rule of law. The ICC has the power to imprison the offender if found guilty for life but does not offer the death penalty. One of the main objectives to the ICC is that some countries believe that there is little supervision of the court’s apparatuses and the verdicts may become subject to political matters. For the ICC, it has taken four years for the required sixty signatures to be gained and the treaty ratified. The United States of America can undermine the proceedings of the court by refusing to supply evidence and witnesses, like any other country can. During the 1990’s several atrocities where occurring in the Balkans and Africa. This resulted in specialist tribunals developed to deal with the specific investigations. War crimes and crimes against humanity were happening in former Yugoslavia. Thus in 1993 the UN Security Council created a new war crimes tribunal. The International Criminal Tribunal for the Former Yugoslavia (ICTY) had the jurisdiction over breaches of the Geneva Conventions and international customary law. On 12 February 2002, Slobodan Milosevic, the former president of Yugoslavia was charged of the planning and implementing, on a widespread and systematic scale and attack on the civilian population of Kosovo. Kosovo, which was a province of Serbia, had a majority population of Muslim Albanians and Slobodan was accused of leading a campaign of â€Å"ethnical cleansing†. This was the first time a former head of state had faced charges of crimes against humanity. Unfortunately Milosevic died in 2006 before his trial concluded. The fact that the ICTY tried Slobodan, illustrate that justice can be achieved when nations cooperate with the international community. In Africa, more specifically Rwanda, genocide was occurring between the two main ethnic groups the Hutu and Tutsis. Based on the ICTY model in 1994 the International Criminal Tribunal for Rwanda was established to prosecute those responsible for genocide in the republic. This tribunal was instated in response to over whelming pressures and has started a series of trials. These Ad Hoc tribunals have one specific purpose and may take time to be established which could mean the loss of thousands of lives. It is not a permanent body and will disband once trials have concluded. Sometimes as in the case with the ICTY where the main target is one person, it can suppress other investigations as most of its resources may be deployed in trailing that one person. The nature of Ad Hoc has proved to be cost ineffective and time consuming. International instruments such as treaties and customary law form the principle source of international law and are some measures of achieving world order. Treaties, which can also be called conventions, statutes or charters, are binding agreements. They formalise the process where by governments through international agencies work together on common problems. The two types of treaties are bilateral and multilateral treaties in where states agree on terms and the parties are therefore bond by it. Since 1945 there has been some significant treaties signed that are an indispensable part of the current world order
Wednesday, January 22, 2020
Short Wedding Toasts to the Bride and Groom :: Wedding Toasts Roasts Speeches
Short Wedding Toasts to the Bride and Groom Nature of Love All beings by nature are lovers, as ice by nature is water. The love shared by one couple is powerful enough to unite heaven and earth. May God grant you two many years to live, for earth has few angels. Peace and Plenty May peace and plenty be the first To lift the latch to your door, May happiness be guided to your home. Walk in Love Walk in love, sit in love, live in love. To be in love is to truly live. Your Eye The eye with which you see your wife is the same eye with which your wife sees You. Love Each Fragment If you seek love in each separate fragment of your relationship, you will be overwhelmed by the totality. Who Are You ? Find out who you are as a couple. Then all else will be known. The Desire of God In the desire of God to know his own beauty, you exist. Worldly Power Worldly possessions and power means little. The unsayable, jeweled private life you develop as a couple, means much. Perfect Love When a relationship is perfectly balanced, perfect love can be realized. Psalm 1 (8th century BC) Blessed are they who delight in the way things are, and keep their hearts open day and night. Love Gives Life Love gives life to all the world. Love gives strength and wisdom. May you two walk in beauty, and may your eyes behold many a red and purple sunset. May your ears hear the true voice of your partner. My you be wise so that you may understand what is truly important in life. My you remain calm and strong in the face of all that comes towards you. My you learn the lessons hidden in every leaf and rock. My you seek pure thoughts and act with the intention of helping others. My you find compassion without allowing empathy to overwhelm you. My you seek strength, not to be greater than others, but to fight for the week. My you two always greet each other with clean hands and straight eyes. So when life fades, as the fading sunset, your spirits may continue without shame. May You Be Poor! May you be poor in misfortune, Rich in blessings, Slow to make enemies, And quick to make friends. But rich or poor, quick or slow, May you two know nothing but happiness From this day forward. Let’s all toast this beautiful couple! A Long Life Together A toast to your coffin. May it be made of 100 year old oak.
Tuesday, January 14, 2020
Managing Change in Organisation Essay
Today, teams and organizations face rapid change like never before. Globalization has increased the markets and opportunities for more growth and revenue. However, increasingly diverse markets have a wide variety of needs and expectations that must be understood if they are to become strong customers and collaborators. The ability to manage change in an organisation, while continuing to meet the needs of stakeholders, is a very important skill required by today’s leaders and managers. Organizational change is undertaken to improve the performance of the organization or a part of the organization, for example, a process or team. When an organizational system is disturbed by some internal or external force, the change may occur. The change is modification of the structure or process of a system that may be positive or negative. It disturbs the existing equilibrium or status quo in an organization and may affect the whole organization, or various other parts of the organization i n varying degrees of speed and significance. It may affect people, structure, technology, and other elements of an organization. It may be reactive or proactive in nature. When change takes place due to external forces, it is called reactive change. However, proactive change is initiated by the management on its own to enhance the organizational effectiveness. The change is one of the most critical aspects of effective management. Organizational change is the process by which organizations move from their present state to some desired future state to increase their effectiveness. The goal of planned organizational change is to find new or improved ways of using resources and capabilities in order to increase an organization’s ability to create value and improve returns to its stakeholders. An organization in decline may need to restructure its resources to improve its fit with the environment. According to Ackerman (1997) organisational change can be distinguished in three types, namely, developmental change, transitional change and transformational change. Developmental change refers to organisational change in which what already exists is continually improved but no radical progress is achieved or aimed at. Transitional change is a shift in the way a process is completed or designed to increase efficiency. A transitional change could involve the automation of a manufacturing process that was once done by hand. Transformational change refers to a shift in the business culture of an organisation resulting from a change in the underlying strategy and processes that the organisation has used in the past. A transformational change is designed to be organisation-wide and is enacted over a period of time. Significant organizational change occurs, for example, when an organization changes its overall strategy for success, adds or removes a major section or practice, and/or wants to change the very nature by which it operates. It also occurs when an organization evolves through various life cycles, just like people must successfully evolve through life cycles. For organizations to develop, they often must undergo significant change at various points in their development. That’s why the topic of organizational change and development has become widespread in communications about business, organizations, leadership and management. Leaders and managers continually make efforts to accomplish successful and significant change as it’s inherent in their jobs. Some are very good at this effort (probably more than we realize), while others continually struggle and fail. That’s often the difference between people who thrive in their roles and those that get shuttled around from job to job, ultimately settling into a role where they’re frustrated and ineffective. In this paper, it will be explained how the Digicel Corporation has converted from the traditional model to a transformed organizational model over the last five years. Digicel Corporation ia a telecommunication based company who provides land line, internet services, sale of handsets, credit for pay as you go customers, contract accounts, sale of tablets, etc. Digicel opened its very first store in 2001 by Irishman Denis O’brian. Digicel has transformed from a company into the region’s largest telephone corporations, leading in sales year after year. One of Denis O’brian techniques for change is technological changes. By the 2000’s the organisation had been so successful and had more increasing growth than any other telecommunication companies in the Eastern Caribbean region resulting in the purchase of AT&T in St. Lucia. Digicel provides consumers with low prices under the slogan â€Å"The Bigger Better Network†(digicel.com). The price sensitive merchandise allows customers to get more for their dollar. Digicel offers its customers 24 hours a day, seven days a week services, which is appealing in any retail market. The goal is to satisfy the growing telecommunication needs of customers. The best example of this organisational change that I can think of is the globalization of Digicel. This Organisational change began in 2001 when Denis O’brian opened in Jamaica. This was the beginning of Digicel’s vision of becoming an international company. Since then, Digicel has been aggressively expanding its markets and investments throughout the Eastern Caribbean Region, and Ireland. The company currently has operations in a number of countries including Ireland, Central America, Oceania, Jamaica, St. Lucia, Barbados, St. Kitts & Nevis, St. Vincent, Dominica, Antigua, Panama, Bermuda and Grenada to name a few. Digicel also employs more than 5,500 associates worldwide, with more than 1000 stores currently in operation. Digicel is committed to achieving leadership as a telecommunication service provider. In order to achieve this goal, it has implemented specific business strategies that include globalization. Digicel leaders believe that globalization is critical to the company’s growth and continued success. In its quest to remain competitive, Digicel is pressing onward on its mission of seeking new opportunities, innovations, solutions, and talent in the global markets. Major advances in technology and communication and the growth of the Internet have also made it possible for Digicel to conduct and manage business globally. The company’s utilization of technology has been and will continue to be critical in its business success. Digicel being a communication company, along with other global companies are now dependent heavily on electronic communication devices to conduct business transactions. Integration of enhanced information system has a significant impact on the way Digicel collects, access, and disseminate information. Technological innovations have increased the efficiency and quality of business processes. Digicel uses the internet through the social networks lik e twitter and facebook to attract new customers and advertise their services. However, in spite of all the advantages, technology also has its drawbacks. Digicel is now online and services can be done at local banks and connected through computers. Therefore, the company is vulnerable to hackers and computer viruses that can paralyze its business. Computer crime is also a threat and has damaging effects on any global information systems. Computer security and protection is critical to the business. The use of technology in the business also has a major impact on privacy issues. Violation of privacy, computer monitoring, and computer matching, unauthorized personal files are examples of privacy issues that can destroy the reputation or integrity of any company (O’Brien, J. 2003). Digicel must take these threats seriously as it continues to compete in both national and international markets. An issue that faces Digicel or any company that uses technology is that technology is not static. In fact, the dominant attribute of technology is that it is always changing. Digicel must continue to invest to keep its technology up-to-date and able to help make the company compete successfully in the global markets. It has to ensure that its employees are effectively trained on the use of technology to achieve maximum productivity and quality. Digicel’s managers and employees involved in international business regularly interact with people from different countries. They are constantly exposed to different social, political, cultural, and economical challenges. The globalization of Digicel can present complex problems for its international managers and employees. Post, Lawrence, and Weber , 1999 states that to do business in the international market, a company must â€Å"design a business plan that fits with the cultural, competitive, and political realities of diverse societies defined by features such as language, customs, religion, and traditions†(p.125). It is important for Digicel to not only appreciate the cultural differences, but also to understand how these differences can affect its international business operations. Digicel should vary its management process and practices to take these differences into account. Maintaining current or potential multinational customers is a challenge for any global business. Each time Digicel opens a store in a different country, it has to integrate the â€Å"company’s unique culture and effective retailing concepts to each new country†. However, the emergence of multinational customers’, demand that Digicel also has to take into account and be sensitive to the difference s in customer preferences, needs and requirements. The company has done considerable market research and analysis before its expansion to other countries. The globalization of a company’s market poses a challenge to the individuals responsible in the management of knowledge. Companies use knowledge management technologies to have a focused view of its customers around the world. Development of technology and expanding markets in different economic regions necessitates the use of knowledge management technologies. Organizational change is a major strength for Digicel. They are consistently redefining processes to reduce costs in the area of telecommunications, inventory replenishment lead times, purchasing and defining the appropriate product and merchandise mix at each of their locations. Operations at Digicel are built on the premise that they can offer everyday low prices. This has been a competitive area that Digicel has had success in. Digicel has been able to build consumer trust by delivering the promise of the cutting-edge technologies and services at a competitive price. By driving down costs in all portions of their business they have a successful business strategy. What makes Digicel successful is its â€Å"ability to apply technology to its critical processes†(www.digicelgroup.com). It is important to note that new knowledge and technology comes from the innovative and creative minds of employees and leaders. The need to be better and/or faster inspires new way of thinking. A company that encourages innovative and creative thinking and integrates these into its organizational culture will attain competitive advantage. The goal of planned organizational change is to find new or improved ways of using resources and capabilities in order to increase an organization’s ability to create value and improve returns to its stakeholders. An organization in decline may need to restructure its resources to improve its fit with the environment. At the same time even a thriving organization like Digicel may need to change the way it uses its resources so that it can extend its business and find new markets for its existing products. One of the findings from my studies revealed that the employees of Digicel resisted the change to conduct business online and through the local financial institutions. In a sense, this is positive. It provides a degree of stability and predictability to behavior. If there weren’t some resistance, Digicel may have taken on characteristics of chaotic randomness. Resistance to change can also be a source of functional conflict. For example, resistance to Digicel’s transformational change or its reorganisation stimulated a healthy debate over the merits of the idea and resulted in a better decision. But there is a definite downside to resistance to change. It hinders adaptation and progress. Resistance to change doesn’t necessarily surface in standardized ways. The resistance to change at Digicel was overt and immediate. It made it easier for management to deal with resistance when it is was this way: For instance when the change was proposed and employees quickly responded because they thought their jobs were being made redundant by voicing complaints, engaging in a work slowdown, threatening to go on strike, or the like. The greater challenge for management would have been managing resistance that was implicit or deferred. Implicit resistance efforts are more subtle – loss of loyalty to the organization, loss of motivation to work, increased errors or mistakes, increased absentism due to sickness and hence, more difficult to recognize. Similarly, deferred actions cloud the link between the source of the resistance and the reaction to it. A change may produce what appears to be only a minimal reaction at the time it is initiated, but then resistance surfaces weeks, months or even years later. A single change that in and of itself might have little impact becomes the straw that breaks the company’s back. Reactions to change can build up and then explode in some response that seems to tally out of proportion to the change action it follows. The resistance, of course, has merely been deferred and stockpiled what surfaces is a response to an accumulation of previous changes. When management is willing to discuss openly with their employees all aspects of an impending change, it is desirable that ample time be planned between the initial mention of the change and the state of its actual initiation. Management should use this interval to ensure that all involved attain maximum understanding of the change and its probable consequences. Management should plan the length of this interval by working out a trade-off betwe en two considerations. Often these will be in conflict with each other. The first of this is a question of how long it takes for the processes of accommodation and rationalization to occur for the most people involved. The second consideration is an evaluation of those situational factors which determine when the change must be instituted and implemented and when the benefits must be realized. To achieve the best trade-off between these two considerations, management needs to evaluate the relative costs of two alternatives; delaying the introduction of the change to gain more preparation time in the interest of realizing optimum benefits, conforming to the intended schedule with the possibility of an increased risk of resistance and the resultant probability of reduced benefits. In many instances, management may discover that it will be economical to delay the change until the possibility of its acceptance is enhanced. If management decides not to delay, resistance may cause not only reduction in the possible benefits but also probable delays in their re alization, management should plan sufficient time during the early phase of the change for accommodation and rationalization to occur and for understanding to be developed. Involvement and participation are perhaps the most powerful techniques management can use to gain acceptance of change. Commitment to carry out these decisions is intensified. Personal satisfaction derived from the job is increased. The extent of personal involvement can range from merely being informed, to discussing problems and voicing opinions and feelings to actually making and implementing decision. Digicel has become one of Caribbean’s most successful telephone companies by offering communication services at low prices for individual, families and corporations. It is strong because it shapes perception better than any company in the region. Digicel’s power position relative to the key policy issues and stakeholders is one of domination. The size, wealth, and financial power of the company are impressive. It is the largest communication company in the Eastern Caribbean States. It is the largest political and social donor in the retail sector. This dominance, and the company’s finances, coupled with retaining the top lobby shops in the Region give the company an advantage. The company manages its relationship with its key stakeholders in a way that maximizes the tactical advantage of Digicel. With groups that the company perceives as hostile, such as other communication companies, complaining former employees, or even local ad hoc opposition groups, who are fighting to keep Digicel out of their community, the company uses every means available to it in order to win. Digicel has established a foundation in an effort to give back to the community where the company is based by issuing scholarships, sponsoring sports personnel and assist the less fortunate. The company applies its retail philosophy, of being the best, and winning, into its political and public affairs strategy. Using tools at its disposal, such as the top law firms, and top Public Relations firms, the company does battle in court with those who challenge it. In public, Digicel uses top of the line Public Relations strategy firms to produce commercials for its stores and to portray the best possible image. Another way the company is successful is its ability thus far to keep out of the headlines any significant negative publicity. The company has also avoided being probed by regulators for some of its aggressive retailing and competition practices. In the case of Digicel and government relations, the goal is to have a low profile, and to keep government regulators away. Its relationships with key stakeholders are maintained as well by the communication of corporate statements on its Internet site and through other paper based corporate communications. It keeps contact with the Government offices and retained political groups. The strategic and tactical advantage of Digicel when pursuing a political and public affairs strategy is the use of its financial resources and to provide handset for communications. It can buy an army of the top lobby firms, lawyers, and public relations specialists should it need to. Since the company has a history of fighting back, and winning, when it is challenged, that may be keeping larger groups away from fighting the retail giant. From a scan of recent headlines, the company does not appear to be involved in fighting any major federal legislation. Notably, Digicel is involved in numerous municipal zoning disputes across the Region. In an attempt at meeting the demands of its customers within the region, Digicel embarked on purchasing various pieces of property in which to erect transmission towers. The top issue within this venture is the question of zoning regulations and the proximity of these towers in the communities and the population on the whole. The company has been making large payouts in an attempt to keep the towers which were erected and to erect more so as to establish greater services. The company’s strategic and tactical activities are more apparent at the state and municipal levels. Mainly, the company fights legislation through the courts. Top issues are municipal zoning regulations. At the federal level, it is worth noting that Digicel gives heavily to political candidates, who happen to be generally pro business in their voting. Digicel does not generally employ a grassroots campaign strategy, as it has no established infrastructure to do this. It has over five thousand, five hundred employees. Should the company wish to tap its â€Å"associates†to become active on an issue, such as trade, for example, they would have a large base of people to draw upon. May of the She Magazine noted that Digicel sometimes stages grassroots efforts to oppose local companies who are rallying against technological advances. Digicel will send in professionals and staff from its headquarters to form business development and revitalization committees, and use these fronts to challenge the anti Digicel groups (She Magazine, 33) In terms of consistency, the company has much to improve in the way of dealing with communities and groups. The company chooses to cut costs and push the boundaries of existing regulations. Then it falls victim to lawsuits and is sued for hundreds of thousands of dollars. The company has a goal of keeping out unions. Yet, the company by its frugal employee wage compensation practice, the reliance on part-time workers, and unfair shift scheduling practice, is creating discord among its employees. These conditions foster the development of labor unions. If the company were to improve its payment and treatment of employees, perhaps it can avoid future problems and issues such as turnover. The company is well positioned to tackle any obstacle. While not maintaining a large government relations department, the company retains top lobbyists, making it ready and capable to deal with issues as needs warrant. In conclusion, Digicel is the number one retailer in the Caribbean Region and operates in many countries and is moving into new countries every year. Digicel is also expanding as a telecommunication giant. Each year, the number of people who have a stake in Digicel also grows since gives shares to the employees. Digicel has had reasons to file law suits against its competitors as injunctions were placed against them as it relates to use of similar networks within the same region. Digicel is often able to uncut many other local industries and more communication companies are shutting down when Digicel moves into town. As a result of Digicel’s ever growing size and variety of services they offer, their public affairs department is going to become more and more important. As Digicel attain sectors of the marketplace, there is going to be more regulation against them and their public affairs department is going to have to work harder to make it possible for Digicel to continue to grow. And as the animosity against Digicel becomes more widespread, here and in foreign countries, Digicel is going to have to work harder to maintain their good reputation. Digicel’s foundation will become increasingly more important for giving things back to the community. In order for Digicel to stay at the top of their game and follow the company’s strategy and achieve their key policy goals, they are going to have to deal better with their stakeholders and make sure they guard their reputation well. Bibliography Module – Managing Change in Organisations. http://searchcio.techtarget.com/definition/organizational-change-management-OCM http://www.businessdictionary.com/definition/transformational-change.html (2008) About Digicel. Retrieved November 8, 2008 http://www.digicel.com/wps-portal/storelocator/St.Lucia- About_Digicel.jsp May Wayne. She Margazine†Into Their Business Model. Volume 3. Star Publishing Company. October 2010. Page 33. Post, J.E, Lawrence, A. T., & Weber, J. (1999). Contemporary Business Issues with Readings. Based on selected materials from the ninth edition of business and society: corporate strategy, public policy, ethics, New York, McGraw-Hill Gareth R. Jones (2004). Organizational Theory, Design, and Change: Text and Cases. Fourth Edition. Pearson Education, New Delhi. Kavita Singh (2005). Organisation Change and Development. New Delhi :Excel. 2000-2001. National Directory of Corporate Public Affairs.
Monday, January 6, 2020
Hotel Workers Industry - Free Essay Example
Sample details Pages: 13 Words: 4040 Downloads: 1 Date added: 2017/06/26 Category Management Essay Type Essay any type Did you like this example? The hotel industry has long struggled to establish what truly makes hotel employees motivated and satisfied with their jobs. High employee turnover in the hotel industry is believed to be due to the nature of the work, its low pay, and its long working hours. Thus, to effectively address this turnover problem, employee motivation could be an on-going and critical issue for managers in hotel operations. Don’t waste time! Our writers will create an original "Hotel Workers Industry" essay for you Create order (Chiang and Jang 2008) Chitiris (1990, 293) strongly emphasized the importance of motivation by stating that â€Å"Motivation is the prime determinant of behaviour at work and that high ability and high levels of job training will not result in high performance if the individual is completely de-motivated or under-motivated at work.†A review of the literature indicates that there are problems in the hotel industry such as inadequate pay, low job security, limited training and development opportunities, and excessive turnover. (Cheng and Brown 1998; Deery and Shaw 1999; Pizam and Thornburg 2000; Karatepe and Uludag 2007). There are also problems pertaining to unsocial work hours and workloads in the hotel industry. (Karatepe and Sokmen 2006; Rowley and Purcell 2001; Karatepe and Uludag 2007) The biggest challenge of employee motivation is that employees often motivate themselves, based on their perception of what they want to achieve and how they can achieve it. Howev er, managers who are aware of what their employees want from work can design a work environment that is able to accommodate employees needs and desires. At the same time, well-informed managers may be able to avoid common pitfalls that tend to reduce employee motivation. (Simons and Enz 1995) Riley, Ladkin, and Szivas (2002) cited in Taylor and Davies (2004) that according to the World Tourism Organisation, the worlds largest industry sector is the tourism and hospitality industry. Despite the concern about quantifying the definition of tourism as an industry, for the purpose of estimating employment it is considered to be one and a half times larger than the next industry. The accommodation sector has continued to exhibit growth over the last few decades, although at various rates, and is forecasted to continue this growth both in development and employment numbers. Weaver (1988) argued that hotel managers have experimented with various motivational theories and methods to ad dress the problem of declining productivity among their hourly workers. Most of these experiments have had minimal success, because they are based on reward systems that have little meaning for hourly workers. â€Å"If a company knows why its employees come to work on time, stay with the company for their full working lives, and are productive, then it might be able to ensure that all of its employees behave in that way†(Kovach 1987, 58). Such a company would have a competitive advantage over competitors that may be suffering from high absenteeism and turnover, costly re-training programs, and production slowdowns. Wiley (1997) emphasized that in the case of a lack of ability, appropriate training can be employed. Altering the environment to promote higher performance is the key in the event of environmental problems. However, if motivation is the problem, the solution is more complicated and testing. For motivational problems, the best source of information would b e the employee. Responses by employees regarding what ignites and sustains their desire to work may lead the employer to redesign jobs, increase pay, change the working environment, or give more credit for work done. The key is that managers avoid the assumption that what motivates them, motivates their employees as well. If hotel managers are able to satisfy their employees by understanding their underlying motivations better, it will play a part in retaining and motivating hotel employees and thus improve customer satisfaction in the long run. (Wong, Siu, and Tsang 1999) According to Robbins et al. (2008, 180), motivation can be defined as â€Å"The processes that account for an individuals intensity, direction and persistence of effort towards attaining a goal.†Intensity is concerned with how hard a person tries, and is generally the focus of motivation. However, high intensity is unlikely to lead to favourable job-performance outcomes unless the effort is channe lled in a direction that benefits the organization. Effort should directed towards, and is consistent with, the organizations goals. Finally, the persistence dimension of motivation is a measure of how long a person can maintain effort. Motivated individuals stay with a task long enough to achieve their goal. Lee-Ross (2005, 255) elaborates on the significant link between motivation in the workplace and practical organizational-based outcomes such as productivity, commitment, job satisfaction, intent to stay and burnout. Fundamentally, Hackman and Oldhams (1976) theory of motivation is concerned with â€Å"internal work motivation†whereby a continuous cycle of motivation happens within the employee. In other words, the more effort expended on a job, the more motivated they would become.(Chiang and Jang 2008; Lee-Ross 2005) While on the job, motivation is important for individuals, and in some theories (e.g. expectancy or equity), researchers predict variations in th e evaluations of such outcomes as pay. But the evaluation of pay usually is just one of many outcomes and is frequently measured with little accuracy. (Mitchell and Mickel 1999) Besides its high labour turnover and labour-intensive nature, the hotel industry is often characterised by low job security, low pay, shift duties and limited opportunities for promotion. The studies of Lee-Ross (1993) added that these characteristics seemed to be more extreme in the seasonal sector. Understanding hotel employees attitudes and motivations has therefore become a useful area of research in the industry. (Wong, Siu, and Tsang 1999) Iverson and Deery (1997, 71) noted that â€Å"Turnover culture is best characterised as the acceptance of turnover as part of the workgroup norm.†Alternatively, it is a belief held by employees that turnover behaviour is quite appropriate especially in the hotel industry. In the hotel industry, employees strongly require intelligence, job knowledge a nd skills, and time management ability. However, without motivation, an employee will not advance in his or her career. (Wong, Siu, and Tsang 1999) The amount of effort an employee spends toward accomplishing the hotels goals depends on whether the employee believes that this effort will lead to the satisfaction of his or her own needs and desires. When a need or desire is unsatisfied, a person experiences tension that drives him or her to satisfy the need. People work hard to satisfy their needs and desires, and in this way they reduce their tension. From this straightforward approach to motivating employees, the key to facilitating motivation lies with managers accurately understanding what their employees want from their work. Using that knowledge, managers can more effectively channel employee effort toward organizational goals.†(Simons and Enz 1995) A category of motivational models is based on the assumption that personal growth and achievement is a primary mot ivating force among employees. These models emphasize on giving ones best efforts to grow and develop as an individual or to advance within the organization. (Weaver 1988) This category of motivational theories includes Maslows theory of self-actualization and Herzbergs theory of maintenance factors and motivational factors. Maslows theory of self-actualisation has no relevance in the work environment of hourly employees. On the other hand, career-oriented and salaried employees are more likely to be motivated by assurances that the organization will provide opportunities to actualize their full potential. (Weaver 1988) Herzberg divided working conditions into two sets of factors: maintenance factors and motivational factors. According to Herzberg, company policies, technical supervision, interpersonal relationships, salary and status, job security, working conditions, and personal life are maintenance factors; while advancement, recognition, achievement, possibility for perso nal growth, responsibility, and the work itself are motivational factors. Herzberg believes that maintenance factors have no power to motivate workers. Many hotel managers might agree with this argument, since their early years in the industry were probably characterised by unfavourable maintenance factors, yet they continued their career due to the presence of Herzbergs motivational factors. (Weaver 1988) Another argument of Herzbergs two-factor theory, also known as the motivation-hygiene theory, divides need satisfactions into extrinsic and intrinsic factors. The extrinsic factors (e.g. salary, working conditions, and job security) lead to job dissatisfaction if not met, but will not necessarily contribute to job satisfaction when they are met. The intrinsic factors (e.g. work itself, achievement, and recognition) are the actual motivators; they fulfil an individuals need for psychological growth. The extrinsic factors, on the other hand, merely prevent dissatisfaction. (Ko vach 1987) However, the conditions of employment Herzberg views as motivational factors do not apply to the work of hourly employees. (Weaver 1988) Weaver (1988, 41) stated that â€Å"Other models attempt to motivate employees by using psychological rewards or punishment or try to increase employees commitment and productivity by generating a sense of team or family spirit within the organization.†These models may backfire instead since the overuse of threats or reprimands may serve as a strong force against motivation. â€Å"Hostile and distrusting supervisors can dramatically shape employees working conditions, and, for many employees, can diminish motivation levels,†argued Simons and Enz (1995, 23). McGregors Theory X and Theory Y and Ouchis Theory Z describe motivational approaches managers have employed specifically to motivate hourly employees. (Weaver 1988) Theory X operates in the assumption that employees are lazy and have a strong dislike for work. Managers who subscribe to this view believe that employees will not be productive unless they are continually prodded and are punished by disciplinary action or the threat of dismissal for low productivity. Theory Y is based on the assumption that an employees presence at the workplace indicates that he or she is willing to work. Proponents of Theory Y believe that guidance and positive feedback are sufficient to motivate hourly workers to work well. In recent years, many hotel chains have made a conscious change from Theory X to Theory Y management. A change from Theory X management to Theory Y management will generally show positive results, since people respond better to encouragement and compliments than to prodding and punishment. However, workers will not always be willing to put out 100 percent effort just because their supervisor is nice to them. In addition to that, Theory Z is based on the Japanese management model, which focuses on a strong company philosophy and a distinct corporate culture. Companies that develop a motivational model based on Theory Z try to convince employees that they are part of a team or family. Some hotels are instituting such motivational programs. Interestingly, Weaver (1988) found that hotel employees are often more cynical than employees in most other industries, perhaps because they work in an environment where they see how people really behave when they are away from home. Hourly employees in the hotel industry are fully aware of what their interest are and are not easily motivated by programs that they perceive as being nothing but hot air. Lee-Ross (2005, 256-7) stated that â€Å"As long as an individuals job contains sufficient â€Å"content†variables such as skill variety and challenge, an outcome of high motivation and subsequent job satisfaction will result. He also argued that â€Å"the other â€Å"process†school contends that these outcomes depend not only on content variable s, but also on how workers evaluate the pros and cons of undertaking a job.†Motivation factors including pay, monetary rewards, opportunity for advancement and promotion have been examined in the hotel industry. Also, other motivation factors such as job responsibility, recognition from people, job challenge, feelings of accomplishment, and development of self-esteem have been identified important for hotel employees.(Chiang and Jang 2008; Wong, Siu, and Tsang 1999) The importance of intrinsic and extrinsic work motivation for hotel employees also varies due to their intensive labour work, low pay, image of low status and few opportunities for advancement (Chiang and Jang 2008). In moving across cultures, motivational preferences become even more interesting. The preferences of employees are expected to differ across nations and cultures. (Fisher and Yuan 1998) It is valuable to know exactly what employees value, and whether subgroups of employees have differing pref erences, so that reward systems can be appropriately targeted. Often, superiors misperceive the relative importance of various job characteristics for their employees. â€Å"To the extent that they do (misperceive), they may adopt less than optimal motivation strategies because they misunderstand employees needs and wants.†(Fisher and Yuan 1998, 517) The lack of attachment or loyalty plays a large part in the high rate of turnover among hourly employees. It also accounts for the lack of success of motivational efforts based on company loyalty or the promise of career advancement and personal growth within a company. (Weaver 1988) In 1946, industrial employees were asked to rank ten â€Å"job reward†factors in terms of personal preference. The results were as follows: (Kovach 1987, 59) Full appreciation of work done; Feelings of being in on things; Sympathetic help with personal problems; Job security; Good wages; Interesting work; Promotion and growth in the organization; Personal loyalty to employees; Good working conditions; and Tactful discipline. By 1986, the list looked like this: Interesting work; Full appreciation of work done; Feeling of being in on things; Job security; Good wages; Promotion and growth in the organization; Good working conditions; Personal loyalty to employees; Tactful discipline; and Sympathetic help with personal problems. In addition to comparing the employees factor rankings, the survey done in 1986 analysed the employees responses by subgroups (e.g. age and income). The underlying assumption was that the motivational effectiveness of the factors might vary according to gender, age, income level, job type and/or organizational level. (Kovach 1987) The 40 years of studies done by Kovach shaped the belief held by many motivational programs that money does not matter. (Simons and Enz 1995) In addition to that, in 1946 and 1986, supervisors were asked to rank job rewards as they believed employees would rank them. Their rankings remained almost the same for each year: (Kovach 1987, 59) Good wages; Job security; Promotion and growth in the organization; Good working conditions; Interesting work; Personal loyalty to employees; Tactful discipline; Full appreciation of work done; Sympathetic help with personal problems; and Feeling of being in on things. The rankings show that supervisors have a very inaccurate perception of what motivates employees. However, in 1992, the replication done by Wiley (1997, 268) in hotel employees showed a completely different set of rankings: Good wages; Full appreciation of work done; Job security; Promotion and growth in the organization; Interesting work; Personal loyalty to employees; Good working conditions; Tactful discipline; Feeling of being in on things; and Sympathetic help with personal problems. This could be due to the fact that hotel workers differed substantially from industrial workers. This difference in rankings indicates the need for different managerial strategies for motivating hotel workers, relative to those used for industrial workers. Hotel employees ranked good wages first, which may be a result of the relatively low wages of service-sector jobs. (Simons and Enz 1995) A research done by Charles and Marshall (1992) showed that Caribbean hotel workers may not have the same motivational preferences as workers in developed countries. Whereas wages have not been found to be an important motivator in similar research conducted in developed countries, they were ranked highest among this group of Caribbean workers. Proper motivation of employees is vital as it is directly related with productivity and retention. Employees who are content with their jobs, who feel challenged, and who have the opportunity to fulfil their goals will exhibit less destructive behavi our on the job. They will be absent less frequently, they will be less inclined to change jobs, and, most importantly, they will produce at a higher level. (Kovach 1987) Considering the evident relationship between employee and customer satisfaction, different approaches were experimented in the attempt to improve employee satisfaction. â€Å"Predictably, the list was led by compensation, although most anticipate this will become less important in the future. Employee recognition programs, the opportunity for career advancement and exposure to training followed in order of impact.†(Cline 1997, 24) The concept that employees may prefer interesting work over good wages is interesting, but the early studies were based on workers in manufacturing industries. It seems very likely that hospitality workers preferences would differ from those of manufacturing workers in important ways (Simons and Enz 1995) as it has been shown in the research done by Wiley in 1997. When try ing to motivate workers, managers often forget that the desire to do the job must come from within the employee and not from the supervisor. The manager can set the stage for motivation to happen, but cannot force motivation to occur. The level of effort and the direction of that effort are set by workers, based on their perceptions of the most rational way to satisfy their personal desires. What managers can do is to take employee desires into account to create an environment where high effort, properly channelled, will give employees some measure of satisfaction. For many hospitality employees, this optimum motivational environment may involve some form of cash incentive and potential for advancement. For others, it will focus on security and good working conditions. In most cases, a positive, respectful work environment has the potential to facilitate employee retention and generally also to set the stage for excellent performance. (Simons and Enz 1995) An interesting point of view by Siu, Tsang, and Wong (1997) explains that job factors that are considered by employees to have the greatest motivating power are usually those that are least present in the job. The ever-changing nature of the hospitality industry has created and reinforced a turnover culture. Employees generally enter the industry with the belief that there is limited career development and promotional opportunity. (Iverson and Deery 1997) Essentially, the human element in the hotel industry constitutes the basic determining factor for effective performance. Because of this reason, hotel management should increase employees interest in their work and develop such organizational structure and management policies as to create need-satisfying environment in which a wider range of employee needs than merely the simply hygiene needs could be satisfied. (Chitiris 1988) Reference List Charles, K. R., and L. H. Marshall. 1992. Motivational Preferences of Caribbean Hotel Workers: An Exploratory Study. International Journal of Contemporary Hospitality Management 4 (3): 25-9. ABI/INFORM Global. https://proquest.umi.com.dbgw.lis.curtin.edu.au/pqdweb?did=525003Fmt=7clientId=22212RQT=309VName=PQD (accessed March 12, 2008). Cheng, A., and A. Brown. 1998. 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