Personality psychology Essay Example for Free

Personality psychology Essay Abstract Carl Gustav Jung has influenced many facets of modern psychology and counseling with his unique spiritual approach to personality theory. Herein lies a biographical address of Jungs life, a comprehensive overview of the principle tenets of his personality theories, and a Christian evaluation of his work. Specific attention is given to comparing and contrasting Jungs theory of a collective unconscious with a Christians understanding of the spiritual world. In addition, a guide is provided to Christians looking to mine Jungs work for techniques that might help their clients, while at the same time avoiding others that cannot coincide with orthodox Christian beliefs. EVALUATING JUNG FROM A CHRISTIAN PERSPECTIVE Evaluating Jung From A Christian Perspective Carl Jung lived a very interesting life, and has provided the fields of psychology and counseling with valuable perspective and insight. A modern Christian psychologist or counselor would do well to mine Jungs theories for useful application today. The difficulty is found in moving past Jungs cloud of mysticism and properly applying orthodox Christian beliefs to Jungs work. The Life Story of Jung Boyhood Carl Gustav Jung was born in 1875 in Kessnil, Switzerland (Jung, 1989). It is quite telling that very early in Jungs autobiography he describes how he came to his understanding of Jesus as a boy. Jung (1989) described how the natural dangers around his home led to untimely deaths, how his father presided over these funerals, and how Jung lost trust in Jesus because Jesus allowed or caused these people to die. He admits, â€Å"In later years and until my confirmation, I made every effort to force myself to take the required positive attitude to Christ. But I could never succeed in overcoming my secret distrust† (Jung, 1989, pp. 13-14). Jung wrote his autobiography while he was in his eighties and only a few years before he died. Either Jung was a little boy particularly sensitive to his faith, or as an old man he superimposed some of his mature hostility to Christianity onto his memories of early life. Either way, it seems Jung would admit that he was never a Christian. Another strange phenomenon in Jungs early life was a strange experience he described as occurring while he was around eight or nine years old and playing on a favorite rock he had: Often, when I was along, I saw down on this stone, and then began an imaginary game that went something like this: â€Å"I am sitting on top of this stone and it is underneath. † But the stone also could say â€Å"I† and think: â€Å"I am lying here on this slope and he is sitting on top of me. † The question then arose: â€Å"Am I the one who is sitting on the stone, or am I the stone on which he is sitting? † (Jung, 1989, p. 20) It is possible to dismiss this event as a childs whimsy and miss the significant dissociative quality that affected Jung. As if Jung anticipated this, he follows this memory with another even more emphatic. He carved a two-inch long manikin out of his school ruler, dressed it, made a stone for it, and secretly hid it in his attic (Jung, 1989). His thoughts show how divided and anxious his personality had become. â€Å"No one could discover my secret and destroy it. I felt safe, and the tormenting sense of being at odds with myself was gone† (Jung, 1989, p.21). This introspective dialogue confirms Jung struggled with a personality disorder himself. Young Adulthood and Parents Not surprisingly, these two themes of distrust toward Christianity and an increasingly manifest disorder continued into Jungs formative years. â€Å"As a school boy, Jung began to experience himself and be convinced that he was both the child he objectively seemed to be and also an authoritative wise old man who had lived in the eighteenth century† (Sollod, Wilson, Monte, 2009, p. 157). According to Sollod et al. (2009) while trying to understand himself, Jung also struggled with understanding his parents and his home life. Jungs father was a pastor of the Swiss Reformed Church who struggled with his own faith, and his mother seemed to possess two personalities. Sometimes she was a sweet mother and wife, and at other times she was a â€Å"witch, prophetess, and seeress who communicated with spirits† (Sollod et al. , 2009, p. 157). The two themes most obvious in young Jung are the same two themes that dominated the lives of his parents. EVALUATING JUNG FROM A CHRISTIAN PERSPECTIVE Adulthood. Later, Jung (1989) proved to be a good student and was considering a career as a medical man when he was strongly influenced by paranormal events in his house. Curious, he began to attend seances with his family and included these events in his doctoral thesis. After finishing that, Jung (1989) says, â€Å"On December 10, 1900, I took up my post as assistant at Burgholzi Mental Hospital, Zurich† (p. 111). It was there Jung became interested in the mentally ill and Freuds work. Freud and Jung became close, and Jung learned much from Freud. However, a bitterness developed between them and they began to break apart. Sollod et al. explains: By 1913, the break with Freud and the Freudians had become permanent. As we have seen, this period also signaled Jungs development of the most distinctive aspects of his own theorizing and his own personal voyage into the depths of what he termed the â€Å"collective unconscious. † (2009, p. 159) From this association and then public break with Freud, Jung and his ideas began to gain in popularity. He began to develop many independent theories in addition to the collective unconscious, but the basis of his personality theories remain rooted in Freudian thought. Still, most of Jungs theories were inspired from his own personal, spiritual experiences (Boa, 2004, p. 97). Jungs Theories The Collective Unconscious It is good to begin discussing Jungs theories in relation to his break with Freud. We can draw from our understanding of Freud the concepts of psycho-sexual unconscious drives, repression, and the id, ego, and superego to gain an understanding of where Jung began. Jung looked deeper into the concept of the unconscious and found a collective element there: If we analyze the persona we remove the mask and discover that what appeared to be an individual is at bottom collective. We thus trace â€Å"the Little God of the World† back to his origin, that is, to a personification of the collective psyche. Finally, to our astonishment, we realize that the persona was only the mask of the collective psyche. Whether we follow Freud and reduce the primary impulse to sexuality, or Adler and reduce it to the elementary desire for power, or reduce it to the general principle of the collective psyche which contains the principles of both Freud and Adler, we arrive at the same result: namely, the dissolution of the personal into the collective. (Jung, 2008, p.38) Jung believed this collective unconscious was a natural result of the evolutionary process in humans, and therefore â€Å"is morally and aesthetically neutral and should not be regarded as an enemy to be avoided† (Boa, 2004, p. 97). Christian Response To The Collective Unconscious Jungs collective unconscious might excite the Christian who is thinking of the biblical descriptions of angels, demons, heaven, hell, and the entire spiritual world. Is Jung tapping into a part of all of us that comprehends these spiritual things? Both the Christians understanding of the spiritual world and Jungs collective unconscious are unseen. And both views believe all humanity participates or will participate in their unseen world. However, Jungs view is specifically amoral, whereas Scripture describes Gods revealed morality for humans in the material world and angels and demons in the spirit world (2 Pet 2:410 NASB). For the collective unconscious to encompass all the Christian understands about the spiritual world, it would have to be under Gods authority and therefore moral. A Christian understands God as eternal, omnipotent, omniscient, and omnibenevolent, and thus God would have sovereignty over the collective unconscious if it did exist. In addition, a Christians understanding of the spirit world is that it exists as a real space even though it cannot be seen. A Christian believes this spirit world cannot be entered by a human voluntarily. These two beliefs are antithetical to Jungs understanding of the collective unconscious. Not only does Jung claim to have voluntarily entered the collective unconscious, but much of his later work is based on his return from this place including a mysterious little red book. His writings in that red book were very different from most of his professional work: Instead, the book was a kind of phantasmagoric morality play, driven by Jungs own wish not just to chart a course out of the mangrove swamp of his inner world but also to take some of its riches with him. It was this last part – the idea that a person might move beneficially between the poles of the rational and irrational, the light and the dark, the conscious and the unconscious – that provided the germ for his later work and for what analytical psychology would become. (Corbett, 2009,  ¶ 16). The orthodox Christian is forced to conclude that Jungs theory of a collective unconscious has no bearing on the reality of the spiritual world. Archetypes Jung, however, believed in the reality of the collective unconscious and devoted much of his life to its experience and study. From this work came his understanding of archetypes. He defined archetypes loosely as primal images and experiences shared in humanitys unconscious world (Sollod et al. , 2009, pp. 161-162). These archetypes include names such as the Mother, the Trickster, the Shadow, the Hero, the Anima, and the Animus. Freud believed archetypes on the unconscious side and instincts on the conscious side combined to drive a human (Boa, 2004, p. 159). Or, put another way, Daryl Sharp (2001) explains an archetype is â€Å" a universal tendency to form certain ideas and images and to behave in certain ways. Instincts are the physiological counterparts of archetypes† (p. 14). The general and inclusive nature of the collective unconscious and archetypes made Jung popular among secular and religious spiritualists. Here was a theory they could united behind and put its tenets to work in a practical psychology. Christian Response To The Archetypes Jung easily used the idea of archetypes to interact with Christianity. All of the major historical figures and many icons associated with Christianity can all be explained through archetypes. However at its core Jungs creation of archetypes is not compatible with Christianity as Boa (2004) explains: Disagreement exists among theologians as to whether Jungs system repudiates or is compatible with Christianity, some arguing that it undermines biblical authority, and others claiming that it illuminates and enhances the Christian message. However, the psychological interpretation of Christianity in works like Symbols of Transformation and Answer to Job denounces the scriptural portrait of Yahweh and Christ and rejects traditional Christianity as inadequate for modern culture. (p. 101) The orthodox Christian must not reduce God to the status of one archetype among many, and is encouraged to view the historical figures mentioned in the Bible as literal. One may also study Jung further to read of his aversion to orthodox Christianity more clearly. Word Association Test. Whereas Freud relied on hypnosis and forcing a subject to concentrate to draw out unconscious tangles in a person, Jung developed a word association test. Jung would provide the subject with a card with a stimulus word written on it, would ask the subject to respond to the word, and would record reaction times. This method was very successful in identifying unconscious problems. Jung would later improve on this technique to measure more physical responses from the subject (Sollod et al. , 2009, p. 148). Christian Response To The Word Association Test. Jungs word association test would be improved on and expanded to the many different versions of psychological tests we see today. This method, and methods like it, are useful in determining where a client might need to focus or might be hurting and not realize it. This test would be particularly useful with children or with clients who are unaware of the nature of their psychological baggage. Unlike the incompatable differences associated with the collective unconscious and archetypes theories, the word association test is a useful tool that any Christian should consider. The Introvert and the Extrovert. Jung also developed a model for understanding personality types by observing the differences between Freud and Adler. Jung believed there was a continuum between introversion and extroversion and that everyone fell on a different place on that continuum. Jung also broke those two general types into more specific types, and used this model to fit personalities into categories (Sollod et al. , 2009, pp. 166-171). Later Hans Eysenck, influenced by behaviorist and cognitive schools of thought regarding personality theory, expanded on Jungs ideas of introversion and extroversion. He performed tests that partially confirmed the basis of Jungs descriptions, and then described how the ideas Jung postulated had been around since the times of ancient Greece. Nevertheless, Eysencks evaluation and expansion of Jungs work has led to an understanding of personality types that is useful today Sollod et al. , 2009, pp. 501-506). In addition, â€Å"Web sites based on the dimensions Jung outlined have proliferated, and one can find a number of well-researched tests of Jungian types. Foremost among these are the Myers-Briggs test and the Kiersey temperament survey† (Sollod et al. , 2009, p. 170). Christian Response To The Introvert and Extrovert Types Similar to the word association test, Jungs formulation and the subsequent development of personalty type theories based on introversion and extroversion are helpful diagnostic tools. While observing the view that a human does not completely fit into a single personality type, and humans personalities change, these tools should be utilized in a modern psychology or counseling setting in addition to usual methods. A Christian can counsel another Christian with scripture in truth and love while better understanding that client in terms of their general personality bent. Summary There is no doubt that Carl Gustav Jung lived a troubled life and regularly interacted with the occult. Were he alive today, its likely the fields of psychology and counseling would treat him more as a patient than a contributor. Nevertheless, his ideas and views help shape each of those fields and influenced many others who also helped shape those fields. A Christian would do well to mine Jungs life and work through a filer of orthodox belief. Even though Jung was a nonbeliever, a troubled man, and was hostile to orthodox Christianity, his unique insights are still useful in doing Gods will in todays world. After studying Jung, a counselor is better equipped to help people. References Boa, K. (2004). Augustine to Freud: What theologians psychologists tell us about human nature and why it matters. Nashville, TN: BH Publishing Group. Corbett, S. (2009, September 16). The Holy Grail of the Unconscious. The New York Times. Retrieved from http://www. nytimes. com Jung, C. (2008). The Conception of the Unconscious. In M. W. Schustack H. S. Friedman (Eds. ), The Personality Reader, (2nd ed. , pp. 36-40). Boston, MA: Pearson Education, Inc. Jung, C. (1989). Memories, Dreams, Reflections. New York: Vintage Books. Sharp, D. (2001). Digesting Jung: Food for the journey. Toronto, ON: Inner City Books. Sollod, R. N. , Wilson J. P. , Monte C. F. (2009). Beneath The Mask? : An introduction to theories of personality (8th ed. ). Hoboken, NJ: John Wiley Sons.

Utilization Of IT In Property Management Information Technology Essay

Utilization Of IT In Property Management Information Technology Essay Information Technology, or IT, has become an enabler in multiple areas of human life, including professional practice of all kinds. The practice of property management cannot be accepted. With a case study of estate surveying firms in Lagos, this paper investigates the level of utilization of IT in the professional practice of property management. Data was collected using questionnaires, which were administered using the cluster sampling method. The paper shows that IT is not being significantly employed in the practice of property management in Lagos. It further reveals that the relative high overall cost of its adoption is most probably responsible for the foregoing. In this wise, the paper recommends that the Nigerian Institution of Estate Surveyors and Valuers, the custodian of the profession, should provide leadership in the utilization of it, while individual and collective efforts of the firms should be geared towards this area. Key words: Information Technology, Property Management, Professional Practice, And Estate Surveying Firms INTRODUCTION The world of today is being propelled by information, in profound proportion, via the agency of Information Technology (IT). Information, in these present times, more frequently described as a fourth resource, is as essential as land, labour and capital in the production process; and advances in IT have tremendously facilitated the processes of gathering, storing, handling and utilizing this vital resource (Brady, 1991; and Olawore, 1999). The foregoing underlines the aptness of terming this 21st century the Information Age (Emeagwali, 2003). Significant changes have come about due to the rapid growth of IT; the outstanding change being the increasing globalisation of the world. There is the increasing transmutation of the present-day world into a more homogenised geographical entity with no boundaries, hence, the famous clichà © the world is a global village (Owasanoye, 2001). The most revolutionary agent of this development is the Internet, an offshoot of modern IT. The Internet h as lowered the cost of doing business; made it possible for a consumer to access goods or services without leaving the confines of his home or office; and has given its users an opportunity to advertise and operate across frontiers, across borders and beyond the control of national governments. IT has been, and will continue to be, applied to the multifarious facets of the life of the ubiquitous modern-day man. It is common knowledge that virtually all categories of professional service providers are now leveraging on the cutting edge afforded by modern IT so as to progressively leapfrog competitors, proactively respond to the ever-dynamic demands of their respective clientele and ultimately add value to their bottom line. Modern IT has changed business landscapes and expanded the frontiers of service delivery (Osadolor, 2002). For example, banks and financial services providers have created their own system of electronic funds transfers; the travel industry uses electronic informat ion services for booking, time tabling and pricing; stock exchanges have evolved automated trading systems; while estate agents now utilize the platform of the Internet to market real estate in their portfolio (Owasanoye, 2001; and Akomolede, 2002). Situated in the context that property managers are also included in the category of professional service providers carrying on the practice of ensuring that a clients property investment is kept in a state to enhance its functionality, prolong its lifespan, yield an optimum return and achieve the investors general objectives, hence, IT is of useful purpose to the practice. Similarly, central to proactive property management practice is an efficient system of record keeping in its entirety. Against this backdrop and given the myriad of responsibilities of the property manager coupled with all sorts of complexities presented by properties and their occupants, an enabling tool as IT cannot but be deployed. Furthermore, if the foregoing is critically examined in the context of the emerging milieu of increased client awareness and requirements, it reinforces the imperative of property managers substantially leveraging on IT to drive, and step up the quality of, service delivery (Longe, 20 01). However, even in the absence of an in-depth inquiry, by casual observation, it can be conjectured that there is a yawning gap between the levels of sophistication that are being attained vis-à  -vis the adoption of information technology in the contemporary professional practice of property management in both the developed and the developing economies. The practice of property management (like its umbrella practice of estate surveying and valuation), in most developing economies, inclusive of Nigeria, is lagging behind that in the developed economies (like the United Kingdom) specifically in terms of the application of modern enabling tools of information technology. Though, it cannot be said that there is blanket non-utilisation of IT in the practice of property management by estate surveying firms in Lagos, Nigeria, as a typical example of a city in the developing world, but to what extent is IT adopted in the practice? This is the central question that this paper intends to answe r with the aid of an empirical study carried out in 2005. INFORMATION TECHNOLOGY AND PROPERTY MANAGEMENT The term Information Technology has been variously described. IT, being the acronym for Information Technology, has been broadly defined as a term that encompasses all forms of technology used to create, store, exchange, and use information in its various forms (business data, voice conversations, still images, motion pictures, multimedia presentations, and other forms including those not yet conceived)1. However, in simple terms, the Oxford Advanced Learners Dictionary of Current English (6th edn) furnished a definition of IT as the use of electronic equipment, especially computers, for storing, analyzing and sending out information. It is common knowledge that IT has wide-ranging applications; it has been applied to virtually every aspect of human life. It has found useful application in science, commerce, engineering, education, recreation, entertainment, research, medicine, governance, religion, agriculture, real estate marketing, project management, banking, airline reservations and so on (Brady, 1991; Alile, 1997; Ojo, 2000; Ayo, 2001; and Akomolede, 2002). It is also of useful purpose to the various facets of the professional practice of property management. Property management à ¢Ã‹â€ Ã¢â‚¬â„¢ the other term under review à ¢Ã‹â€ Ã¢â‚¬â„¢ is an integral aspect of the profession of Estate Management. Thorncroft (1965) defined estate management as the direction and supervision of an interest in landed property with the aim of securing the optimum returns. These returns need not be financial but may be in terms of social benefits, prestige, status, political power or some other goals or group of goals. In consonance with the traditional aim of general estate management, property management entails the practice of directing, supervising and controlling interest in land and landed property so as to enable it yield an optimal return. Specifically, property management is that aspect of the real estate profession devoted to the leasing, management, marketing and overall maintenance of the property of others2. According to Olajide and Bello (2003), property management can be defined as the application of skill in caring for the property, its surroundings and amenities, and in developing sound relationship between the landlord and tenant and among tenants themselves, so that the property as well as individual premises would give value both to the landlord and tenant. Basically, its purpose is to secure for the property owner the maximum continuous net return on his investment over the life of that property and to maintain the physical aspects of the property for optimum efficiency and economy (Weich, 1967; and Kyle, 2000). In essence, the primary functions of property management are threefold: achieve the objectives of the property owners, generate income for the owners, and preserve or increase the value of the inve stment property (Kyle, 2000). Towards this end, comprised in the professional services rendered by property managers are: (a) rent collection and remittance; (b) selection of tenants; (c) property maintenance; (d) marketing of vacant accommodation; (e) administration of estate personnel and services; (f) administration (maintenance) of estate records; (g) routine management inspection and correspondence; (h) enforcement of lease covenants; and (i) any other function as reasonably expected of a property manager or as stipulated in the management agreement between the parties (the property manager and the client). All these services can be driven by IT. The following are some identified application areas where IT has been of beneficial use in the practice of property management. a. Filing: It is asserted that a property manager cannot survive without his records (Nwankwo, 2004). If he cannot maintain a good filing system, he will always be in difficulty. Hence, the hallmark of an efficient management office is a good filing system (Kyle, 2000). Data should be sorted and segregated into separate files for easy collection, retention and retrieval of records. Records can be kept manually by means of simple registers, record cards, schedules that are referred to often, reminders, files and so on; but the trend now is computerization (Nwankwo, 2004). A computerized data system has a number of advantages over a manual system including the ease of storage, the ability to retrieve large amounts of data as required, economy of space, and reduction of operational cost and time (Olawore, 1999). With a computer database, records relating to clients properties can be effectively maintained. Database such as computerized property management system (CPMS) e.g. EstMan is available in the market to all property managers desirous of computerizing their operations (Adebiyi, 2003). The CPMS comprises various elements such as data relating to the properties, the landlords, the tenants and the leases in a digital form. It is designed to aid the management and administration of commercial, industrial and residential properties. The software allows the myriad of information to be retrieved quickly, eliminating the need to refer to bulky files or having to refer physically to leased documents often by extracting vital information and making them ava ilable to be looked at or pointed out whenever needed. b. Financial Record Keeping: This is a crucial activity in property management that deserves a separate mention given that the cardinal aim of property management is securing the maximum return (Olajide and Bello, 2003). Accounting software programs allow tedious book keeping calculations to be performed automatically, including accounts receivable (e.g. rents and service charges), accounts payable (e.g. ground rents, rates and insurance premium), payroll, inventory and general ledger (Kyle, 2000). Accounting programs can generate various reports that are valuable for financial planning and evaluations, including monthly budgets, cash flow studies, profit and loss statements and reports to owners. Some even can write and print a cheque, while entering that directly into the bank balance summary, thus maintaining even more up-to-the-minute control. c. Word Processing/Generation of Notices and Reports: Word processing is used when composing and typing almost any kind of letter, report, or newsletter; it is easy to insert or delete characters, words, lines, paragraphs or even pages of text and correspondence can be merged with mailing lists to generate mass mailings. Drafting a document, letters to delinquent tenants for example, which can be time-consuming, will be made easier and faster with the aid of this software. According to Kyle (2000), at the very least, the new software programs offer a template for letters (for proper form) as well as pre-written form letters to meet all sorts of needs: late notices, eviction notices, lease termination and letters on all types of problems (e.g. excessive noise). If the software does not have a letter one needs, after drafting it, one can save it to reuse. Specifically, in connection with review and renewal of tenancies and other action dates, a completely automatic key dates system is available (Stapleton, 1994). Further, graphic software programs can produce a variety of graphs and charts to use in presentations and reports, and can also be used to create advertisements, brochures and tenant newsletters. d. Property Marketing and Tenant Selection: The World Wide Web, a network of interconnecting computers, is quickly becoming a vehicle for advertising, marketing and communication (Kyle, 2000). The Web enables users to create their own websites to display information easily accessible to the public. Adebiyi (2003) identified the benefits accruable to professional firms with websites: Information can be provided to the user free, or via subscription service, or for a specific payment; it provides the firms with shop windows available to any client or applicant 24 hours of the day; it can display an innovative brochure of the firms professional services, clients properties available for sale or letting and they market to the widest audience without any boundaries to working days. In particular, Alile (1997) identified that, with multimedia technology, a contemporary offshoot of IT, marketing rental properties has become more sophisticated in the sense that you can walk through houses à ¢Ã¢â€š ¬Ã‚ ¦ without leaving your room. Apart from marketing, the Internet can serve the purpose of tenant selection. Kemp (2000) reported a special Web property management solution, the Rentals.com on-line property management system. Through Rentals.com, rental property owners and managers can create a personalized website. From the site, one can show pictures/floor plans of all properties; access a private, virtual office; track site traffic; schedule viewing appointments; view rental applications; and obtain rental news and advice from experts in the real estate industry. The benefits of this system are obvious: a clutter-free workspace and a round-the-clock virtual, paperless office, amongst others. e. Office Automation: Office automation deals with acquisition and distribution of information, communication (internal and external), and information processing. It has, therefore, a variety of facets including communications, publishing, and data processing. Very few, if any, offices can run without the use of some automated equipment. The amount of automation needed depends, again, on the size of the operation and the type of properties involved (Kyle, 2000). Office equipment such as fax machines, typewriters, word processors, calculators and specialized accounting equipment (including computers) are fundamental once the business begins to grow. For communication purposes particularly, with a local area network (LAN), computer users in the same office can share data, including text or data files, whole programs, scanned images, incoming and outgoing fax messages, blueprints and voice messages. LANs increase the efficiency of computers, software and printers, which make inter-office communication better, faster and cheaper. LANs differ in speed, reliability, and compatibility with various computer hardware, so a wise property manager will consult a LAN expert before making a purchasing decision. Further, with a modem and a phone line, computers can communicate with each other over long distances, sending computerized data (e-mail) to another computer hundreds or thousands of miles away. Since the modem transfers information directly to another computer, there is no need to print out the information on paper first, which increases the speed and efficiency of the communication. The data can be viewed on the receiving computer screen or printed out on paper. f. Tracking Maintenance: According to Holmes (1994), IT has enhanced the planning and organization of maintenance. Software packages have been developed for most activities. There are 3 main areas which require IT support; the first for handling work recording and monitoring, the second for condition assessment analysis, and the third for cost predictions. Within these areas a range of linked programs can be used to supplement the process; for example, an asset register will greatly help with work ordering. On a general note, Stapleton (1994) described the benefits of the application of IT to the practice of property management as follows: Problems can be identified quicker and performance be analyzed in a more rigorous way. Information for regular review by policymakers is more readily available and more work can be handled by the same staff. He, however, attached a caveat that the application of IT does require a substantial commitment by the existing staff and considerable care is required in the way the concept, the technology and the system are introduced. In spite of the gains of the adoption of IT in the practice of property management (and estate surveying and valuation in general), Adebiyi (2003) suggested that, by casual industry analysis of the use of IT, not a deliberate inquiry, it is indicated that there is low-level utilization and awareness by a significant proportion of estate surveying firms in the Nigerian real estate industry. He opined that IT is often seen by those who do not use it as an unknown technological threat, both complex and expensive, requiring extensive training and bringing an additional and unnecessary complication to professional life. In the light of the foregoing, Adebiyi (2003) offered an admonition thus: It is important for (Estate) Surveyors who do not use IT to consider the changes that have taken place over the last few years, the current speed of changes and facilities available to assist Surveyors. It is also advisable for them to have some understanding of the ever more rapid developments that will affect all practitioners in the foreseeable future. They need to consider how IT awareness and use can enhance not just their efficiency and business performance, but also the professional advise they give to property company and developer-clients or to tenants. THE INVESTIGATION Bearing in mind that it is an observable tendency for estate surveying firms to exist in pockets or congregate together in geographical areas around Lagos (i.e. the population of estate surveying firms is largely distributed in clusters), hence, it is apposite to adopt the cluster sampling method as the suitable approach to generating a representative sample for study here (Asika, 1991). According to Asika (1991), generally, a sample size of 10% of the population size is adequate enough to validate and generalize the findings of a study to the entire population. Given that there are 477 estate surveying firms in Nigeria as offered by Nwankwo (2004) and assuming that all the firms have an operational office in Lagos, then applying 10% to this number of firms and leaving ample room for safety, the total sample size for this study is therefore 50 and will be spread over four main identified clusters (convergence areas) in the Lagos metropolis. Response Rate As indicated in Table 1 below, an evaluation of the individual response rates of the cluster areas reveals that all areas are fairly represented (with the minimum response rate being 80%), and the average response rate being 84%. For all practical purposes, this is acceptable and valid for statistical analysis. Table 1: Response Rate According to Cluster Area Cluster Area Target Response Actual Response Response Rate (%) Lagos Island 20 17 85 Victoria Island/Ikoyi 10 8 80 Surulere 5 4 80 Ikeja/Opebi 15 13 87 Total 50 42 84 Source: Field Survey, 2005 Extent of Utilization of Information Technology in the Practice Seven specific areas of the practice are examined vis-à  -vis the adoption of information technology, namely: Preparation of schedules of letting; Preparation and communication of management notices and reports; Preparation of clients statements of accounts; Rental property marketing; Mode of receiving applications from prospective tenants; Mode of receiving complaints from sitting tenants; and Property record keeping. A schedule of lettings serves a major purpose in the practice of property management and it is frequently required. It aids rent collection. Hence, the mode through which it is drawn up is very crucial. Two modes can be identified: manual and computerized or a combination of both. Fig. 1 reveals that 64% (or 27 out of 42) use the manual means, 12% (or 5 out of 42) use the computerized means while 24% (or 10 out of 42) use both the manual and computerized means. It can then be reasonably concluded that the majority of the respondents still rely on the manual mode of extracting relevant data from rental payments register in order to draw up schedules of letting. This method is, however, adjudged to be inefficient and susceptible to errors. Table 2: Preparation of Management Notices and Reports Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) By handwriting By using typewriter 2 4 5 By using word-processors 42 84 100 By using property management software 6 12 14 Total 50* 100 119 Source: Field Survey 2005 * Note: Total number of responses is greater than the total number of respondents because each respondent gave multiple responses. The cumulative frequency count by the multi-response analysis was thus greater than the total number of respondents. Table 3: Communication of Management Notices and Reports Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) By staff hand delivery 37 26 88 By courier service 27 19 64 By postal service 15 10 36 By phone 29 20 69 By e-mail service 21 14 50 By short message service (SMS) 16 11 38 Total 145* 100 345 Source: Field Survey, 2005 *Note: See Table 2 for explanation In preparing management notices (such as rent demands) and reports, 4 methods are identifiable as shown in Table 2. Survey reveals that word processors are of general application, and used by all the respondents (or 100%) while 6 out of 42 (or 14%) use special-purpose property management software. 5% (or 2 out of 42) of the respondents still use typewriters. And to communicate the notices and reports, a combination of 6 options are open to the respondents (see Table 3). Staff hand delivery features most prominently as the means through which most of the respondents communicate notices and reports (37 out of 42 or 88%). E-mail service, a main IT option in the context of this study, ranks 4th and adopted by 50% (or 21 out of 42) of the respondents. Table 4: Preparation of Clients Statements of Accounts Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) By manual calculations 27 43 64 By using accounting software 29 47 69 By using property management software 6 10 14 Total 62* 100 147 Source: Field Survey, 2005 * Note: See Table 2 for explanation Accounting software, a general application software, finds the widest use amongst the respondents in rendering accounts to landlord-clients (see Table 4), followed closely by manual means of extracting relevant data from account books and balancing the accounts (27 out of 42 or 64%). The use of special-purpose property management software ranks last (a distant 3rd). Table 5: Rental Property Marketing Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) To-Let board placements 42 31 100 Print media advertising 42 31 100 Property bulletin distribution 36 26 86 Internet advertising 16 12 38 Total 136* 100 324 Source: Field Survey, 2005 * Note: See Table 7 for explanation Table 5 indicates that all the respondents market available rental accommodation by board placements and print media advertising. However, only 16 out of 42 (or 38%) advertise via the Internet. Hence, it can be fairly concluded here that IT has not found popular use amongst the estate surveying firms in marketing rental property. Table 6: Mode of Receiving Applications from Prospective Tenants Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) By phone 39 47 93 By physical appearance at office 42 51 100 By applying on-line 2 2 5 Total 83* 100 198 Source: Field survey, 2005 *Note: See Table 2 for explanation Table 6 shows that only 2 out of 42 (or 5%) accept on-line applications from prospective tenants that intend to let advertised rental accommodation in spite of its benefits of round-the-clock accessibility. All the respondents dwell on prospective tenants physically visiting their offices. Applications through the phone are also accepted by 39 out of 42 (or 93%). Table 7: Mode of Receiving Complaints from Sitting Tenants Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) By phone 39 26 93 By letters 42 28 100 By physical appearance at office 37 25 88 By short message service (SMS) 13 9 31 By e-mail service 18 12 43 Total 149* 100 355 Source: Field Survey, 2005 *Note: See Table 7 for explanation It is not uncommon for sitting tenants to forward complaints about relevant matters demanding the attention of property managers. Different channels are created through which these complaints are received. Table 7 reveals that the multitude of complaints is received through letters by all the respondents while SMS is the least used mode. E-mail service is the 4th most frequently used mode of receiving complaints from sitting tenants (18 out of 42 or 43%). Table 8: Mode of Property Record Keeping Mode Frequency Count Percentages of Responses (%) Percentages of Cases (%) Cabinet filing 40 63 95 Electronic database 24 37 57 Total 64* 100 132 Source: Field Survey, 2005 *Note: See Table 2 for explanation From table 8, 95% of the respondents (or 40 out of 42) adopt cabinet filing while 57% of the respondents (or 24 out of 42) use electronic database. Both cabinet filing and electronic database are complementary; though the latter offers easier access to relevant information. Having examined seven salient areas of the practice of property management in Lagos in relation to the adoption of IT, it can be summarized thus: IT is being relatively put to use in all the examined areas of the practice of property management in Lagos; however, the extent of adoption, on the whole, is below average. Table 9: Respondents Ranking of the Reasons for the Current Extent of Utilization of IT in the Practice of Property Management Reason Absolute Frequency Weighted mean score Strongly Agree 5 Agree 4 Undecided 3 Disagree 2 Strongly Disagree 1 Relative underdeveloped state of the property management practice in Lagos 3 11 0 18 10 2.50 Relative non-availability of IT tools for property management in Lagos 5 5 8 19 5 2.43 Relative high cost of adoption of IT in the property management practice 2 19 5 16 0 3.17 Relative non-sophistication of clients served by property management firms in Lagos 3 8 6 22 3 2.64 Relative small sizes of the operations of the property management firms in Lagos 2 3 6 19 12 2.14 Source: Field Survey, 2005 Respondents were asked to score five probable reasons for the below-average utilization of IT in the practice of property management in Lagos on a 5 point Likert scale. The results as shown in Table 9 above show that the relative high cost of adoption of IT in the property management practice is the most probable reason for the current extent of utilization of IT in the practice. IT is widely viewed to attract huge costs for its application in the practice of property management. Relative non-sophistication of clients served by the property management firms ranks 2nd. However, ranking last is the relative small sizes of the operations of the property management firms. A possible interpretation of this is that the respondents see the sizes of their operations as substantial enough to warrant the deployment of IT. Further, to gauge the practice-wide perception of the adoption of IT, respondents were asked to indicate their degree of agreement or disagreement with this statement: The increased adoption of IT in the practice of property management in Lagos can have a significant positive impact thereon in terms of increased profitability, broadened client base and excellent service delivery. Out of 42, 28 (or 67%) strongly agreed, 13 (or 31%) agreed and 1 (or 2%) was undecided. On the basis of this, it can be said that, in the absence of constraints, the firms are willing to significantly increase the level of utilization of IT in the practice of property management. From the foregoing, it can be stated that the relative high cost of adoption of IT in the practice of property management, amongst others, is the most probable reason for the current extent of utilization of IT in the practice. Hypothesis Testing Research Hypothesis To be tested in t

Mutual Trust in Employment Contracts

Mutual Trust in Employment Contracts Introduction In all the employment contracts a term mutual trust and confidence which is also known as the duty to act reasonably and fairly is implied or not is the question for over the past years. As per the labor regulations in Australia, different range of sources provides different rights and responsibilities of employers and employees, which also creates a huge different level of complications while going through these sources. These terms will generally be implied in an employment contract in Australia that has been widely acknowledged, but at the same time the debate on awarding the damages for a breach of these terms in some of the Australian courts will be challenging as well. Contract Contract is a legal document that states and explains a formal agreement between two different people or groups, or the agreement itself.[1] There are two kinds of contract and they are Express and Implied contract. Express contract is a type of contract which parties state the terms either orally or in writing at the time of its formation. On the other hand implied contract is a contract where terms and condition are not expressly defined at the time of its formation.[2] Employment Contract Employment contract is a category of contract, which used in employment. It is a relation between both parties on the one and stands an employee who is employed by an employer. It contains all terms and condition regarding employment.[3] Mutual Trust and Confidence in Good Faith Analyzing the concepts is very much necessary when it comes to â€Å"breach of mutual trust and confidence† and â€Å"the duty of mutual trust and confidence†. There is a lot of difference between the duty of good faith and the mutual trust and confidence. One talks about the implied duty that will relate to the terms of the contract and the relationship and whereas other talks about the incident of the employment relationship (right to Control). [4] When it comes to incident of the employment relationship, there comes a question whether the relationship of trust and confidence exists or not. Which totally depends on the nature of the employment. So there is a doubt that it has existed and continues to exist, a necessary relationship of trust and confidence between employer and employee. In an employment relationship the subsistence of mutual trust and confidence is very much essential to it. Because the employer cannot accept disloyalty of an employee who has undermine the employer’s business interest.[5] So the employee should not remain with the employer in employment because the employee has destroyed the trust and confidence in the working relationship. Employee’s destruction of trust can be evidenced by different types of conduct and which also depends on the circumstances of the employment. Some of the examples of different types of conduct, which may destroy the trust and confidence, are: demotion;[6] unwarranted carping criticism;[7] withdrawal of employment benefits.[8] It was first originated from the series of cases in the United Kingdom, in which employees totally blame employers for termination of their employment; despite this employers did not expressly dismiss these employees.[9] If any employee can make out that the employer’s conduct was so destructive of mutual trust and confidence, which properly ties up the parties to an employment relationship, than the employee treats employer’s conduct as constructive dismissal. In terms of contract law, employer’s conduct is treated as a repudiation of the employment contract by the employee as they are permitted to do so and elects to terminate the contract and claim damages for wrongful dismissal. On this basis in many of the cases, employee was seeking to claim statutory compensation for termination under the Employment Rights Act 1996 (UK) c 18.[10] Into the English employment law, duty was cemented by the decisions of House of Lords for example in Malik v Bank of credit and Commerce International SA (‘Malik’).[11] This was actually the test case for determining whether the breach of the duty is not to destroy mutual trust and confidence that could sound in damages. So it was held that mutual trust could sound in damages during employment as a consequence of the employer’s breach, that is why following this decision, not to destroy the mutual trust has been engaged to address a wide variety of claims. For example, in Clark v Nomura International Plc[12] and Clark v BET plc[13] So in the development of this duty in English law, which actually came from the decisions of a majority of the House of Lords that breach the common law duty of mutual trust, good faith and fair dealing would not sound damages until the damages flow from only the termination of the employment relationship. So to overreach the limitations already determined by statute,[14] the House of Lords held the common law not to be developed. Since in the United Kingdom the legislation has already imposed a cap on damages for termination of the employment, and also exercising the common law jurisdiction should not award damages that exceed the statutory limits for termination. To compensate for any losses incurred by the employee, damages might be awarded as a consequence of breach of employment contract during employment, but also not for any loss surffered as a consequence of loosing the job.[15] English scientific study of law has allowed damages for breach of the obligation that is not to destroy the trust and confidence, but even not when the damage flowed from the fact or manner of dismissal. Most importantly, in the English Law ‘the giving of the lawful notice cannot itself constitute a breach of the implied term.’[16] When it comes to Australian case law it has generally assumed that duty has been existed not to act in a manner or likely to destroy the mutual trust and confidence when it comes to employment relationship,[17] though no appellate court decision has depended upon such a findings.[18] Both parties to an employment relationship bear the duty not to destroy the mutual trust and confidence has assumed by the Australian courts in more recent times. When it comes to the English law, destruction of mutual trust signifies to the situation in which employees refuses to do something that are legally required to do as per employment contract and than identifies who is to be blamed if termination of the contract ensues. But whereas in Australian law, destruction of mutual trust and confidence has not been found to sound any damages on its own. In Australian case law it distinguishes between the employment relationship and employment contract.[19] The employment relationship is nothing but the actual dealing between employer and employee regulated by different types of law that includes common law of contract and also statutes that impose the mandatory obligations on the parties.[20] Whereas in terms of employment contract it is not automatically terminated when there is dest ruction of relationship of trust, but by electing innocent party.[21] In such circumstances the employees who gets terminated are entitled to be paid any remuneration or some other benefits according to his or her loss of account of premature termination of the employment contract.[22] This also means the payment of remuneration and other benefits that would have been received during a proper notice period. More importantly, the obligation not to destroy the mutual trust does not constrain an employer to take the decision to terminate the employment. So as long as the employer brings together the terms of the contract, and without prior notice and explaining how it should be done the employer is not at all liable for breaching the employment contract simply by deciding to terminate the employee.[23] Australian law has not gone so far unlike the English law, where the obligation is not to destroy mutual trust and confidence with a general duty of good faith and fair dealing in the employment contracts, in which breach might sound in damages. In some of the Australian cases there are few suggestions that on one hand there is two obligations of mutual trust and confidence, and on other hand the good faith, are having nearly the same meaning and these statements tend to be made by the courts who have found to decide upon the matter without any obligations.[24] According to Russell (Appeal) in 2008 â€Å"Although there were said to be two implied terms, it is probably sufficient to identify them as a single obligation.† [25] They derive from the same source, as siblings, that show the existence of a relationship of employment but again to understand it in the better way make it the separate concepts of each of them and with different functions. It is just a matter of choosing a vocabulary to assist in the clear articulation of separate concepts. The terminology of ‘mutual trust and confidence’ is very useful to describe in a particular characteristic of an employment contract that distinguishes it from a contract of sale or other contractual arrangement. Also ‘good faith’ is described as governing principle that is best engaged in interpretation and construction of relational contracts such as employment. Commonwealth v Barker It was in the year 2009 where the Commonwealth Bank of Australia took a step forward to change its Corporate and Financial Services business unit, due to which Mr. Barker’s position in the Bank was removed. As per the policy of the company, if they don’t require any position of the employee they will need to place that concern employee to the other part of the department or other position in the company. But in the case of Mr. Barker the Commonwealth Bank did not imply this policy. On 2 March 2009 Mr. Barker was send a letter to inform him about the redundant of his position but the Bank would like to send him to other area of the Bank. Later there was a meeting where Mr. Barker was told to clear out his desk, give away the keys and mobile phone and not to come to work. The Bank also stops Mr. Barker’s email and intranet facilities. On 9th April 2009, Mr. Barker was sent a letter of termination due to his redundancy and there was no sign of redeploy for Mr. Barker by the Bank. Mr. Barker had given his 23 years in the Bank and his contract of employment showed that he would be terminated only if the Bank is unable to give him a different position but there was no proper word in the contract apart from potential operation of an implied term of mutual trust and confidence. Mr. Barker’s file the case to the trial judge against the Commonwealth Bank and that included the failure of the Commonwealth Bank to give him the employment in some other department of the Bank.[26] What the Bank did to Mr. Barker was not according to the term of the contract of employment. As per the contract there should be mutual trust and confidence between employer and employee but that didn’t work at his time his employment. The policy of the company for redeployment was not utilized at his case of redundant of his position. Mr. Barker was entitled $300,000 from the bank for not following the company’s policy of redeployment. The case was then requested to the Federal Court as the Bank felt the Trial judge has made mistake in giving justice without any proper evidence. The courts refused to accept the appeal as Mr. Barker was more favorable and for this reason Jacobson and Lander JJ were appointed to go through the case in detail under Australian Law. [27] They came to the conclusion on the following grounds: In the court of England the policy support the implied term with the contemporary employment relationship.[28] The employment relationship should take part necessary of common interest and partnership fairly than a serious disagreement or argument.[29] These typical parts called for the result of an action or a decision by law of an obligation, for which employment relationship need to be in its original state.[30] According to the majority, the implied term only work in a particular way in respect of conduct and form a unit by it from the manner of termination of the contract of employment that is, it does not apply at the point of dismissing someone from their job or to steps inextricably linked with dismissal.[31] It was easy to see or understand from their reasons for decision that Jacobson and Lander JJ held that the implication of the implied term by law was necessary For Jacobson and Lander JJ, the Bank’s failure to give redeployment policy was not the important factor. As they found the Bank has not implied term or made something happen: Mr. Barker was a senior employee and worked for more than 23 years. The Common wealth bank was a large corporate organization and The contract (clause 8) contains that the employment may be terminated if the Bank were unable to place the employee in other position.[32] In these conditions of the facts, Jacobson and Lander JJ held that the implied term required the Bank to take positive steps from 2nd March 2009 to advice Mr. Barker about the possibility of redeployment and to give him the option to apply for alternative position within the Bank. [33] Jacobson and Lander JJ confirmed that Mr. Barker has been gone through hurt and distress and even loss of reputations that can never be recovered.[34] As an alternative reason for holding the Bank was liable, Jacobson and Lander JJ found that the same circumstances triggered the operation of the implied tasks of the organization in the contract of employment.[35] This implied the state of being forced upon the need for one party to take positive steps without which the other party is unable to enjoy a right or to be in a better position because of the contract.[36] By comparing the case where an employee despite to be knowing for the benefit unless it is brought to his attention by the employer. [37] After paying great attention to details and had judgment in which he completely study the gradual development of English and Australian case law in relation with the implied term of mutual trust and confidence, Jessup J concluded that: â€Å"the question whether the implied term is part of the law of contracts of employment in Australia has never been answered in the affirmative by an Australian appellate court in the sense of being of the ratio decided.†[38] His Honor went onto hold that the implied term of mutual trust and confidence was not needed for the pleasure of the rights conferred by the contract of employment.[39] Jessup J described the implied term as having â€Å"the potential to act as a Trojan horse in the sense of revealing only after the event the specific prohibitions which it imports into the contract.†[40] His honor makes a decision that the implied term, if accepted, â€Å"would enable defined limits in the existing fabric of common law and equitable remedies to be side-stepped†; and that the implied term would â€Å"overlap a number of legislated prohibition and requirements, thus tending to compromise the democratically-drawn architecture† by closely connected with the employment obligations.[41] Jessup J further held that the fact of being express reservation in the Bank’s redeployment policy â€Å"did not †¦leave any scope for the conclusion that by merely failing to comply with the policy, the Bank breached the implied term.†[42] The largest part of the case was in favor of Mr. Barker and at least for now, that in the period of time when express terms to the contrary is away, there is an implied term of mutual trust and confidence in every Australian employment contract. The decision moved to a higher level for consideration if the employers should clearly deliberate the implied term from employment contract. To whatever degree, it won’t be too complicated as given: As far as possible giving particular attention to the implied term, and The way of dealing by the majority judges, that particular circumstance triggered the operation of the implied term. The majority decision is turned upside down by the High Court of Australia on appeal; employers now need to put the implied term of mutual trust and confidence and the implied duty of cooperation to their list for them to remember all the time. In addition to the matters such as rise in the adverse action claims in dealing with their employees. When it comes to advantages and disadvantages for employers and employees of having such an implied term in the employment contract, employees should always remain faithful and sincere to the employer’s interest. Any confidential document or information of the company should not be shared outside the workplace to its competitors and it should remain internal within the workplace.[43] Whereas employers make decisions from the policies so they have to pay extra attention to its policies and regulations. In Barkers case federal court advised the employers to conduct themselves in a way that it wont destroy their relationship of trust and confidence with employee. When it comes to common law employers have to make sure that workplace is a safe place for employees to work. Employees have a huge advantage in having the implied term mutual trust and confidence because if there is a severe breach in the employment policies which is found than through the award of damages by the court, it will not only be considered a breach of an implied term. Conclusion In my view the term mutual trust and confidence is very much important to be implied in the employment contract. Because having the term mutual trust and confidence in the contract will create a comfortable working environment and also conditions can be achieved between both employer and employee. Incase if such implied term is not reflecting in the employment contract than either the employer or the employee would be permitted to act in a way that is not necessarily in accordance with the will of the contract. And also the practice of obeying rules between employer and employee are included in the viewpoint of an implied term. [1] Cambridge Advance Learner Dictionary (3rd Editioin) [2] ibid [3] Mark Freedland, the personal employment contract 2003 Oxford University press. [4] Gillies v Downer EDI Limited [2011] NSWSC 1055 [5] Concut Pty Ltd v Worrell (2000) 176 ALR 693. [6] Russian v Woolworths (SA) Pty Ltd (1995) 64 IR 169. [7] Lewis v Motorworld Garages Ltd [1986] ICR 157. [8] Clark v Nomura International plc [2000] IRLR 766. [9] Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84. [10] Lewis v Motorworld Garages Ltd [1986] ICR 157. [11] [1998] AC 20. [12] [2000] IRLR 766. [13] [1997] IRLR 348. [14] Johnson v Unisys Ltd [2003] 1 AC 518, 544 [56]–[58] (Lord Hoffmann). [15] Gogay v Hertfordshire County Council [2000] IRLR 703. [16] Kerry Foods Ltd v Lynch [2005] IRLR 680, 682 [16] (Clark J). [17] Sappideen et al, above n 10, 162 [5.230] and the cases cited there. [18] Aldersea v Public Transport Corporation (2001) 3 VR 499. [19] Visscher v Giudice (2009) 239 CLR 361. [20]Byrne v Australian Airlines Ltd (1995) 185 CLR 410. [21] Visscher v Giudice (2009) 239 CLR 361. [22] Thomson v Orica Australia Pty Ltd (2002) 116 IR 186. [23] Russell (Trial) (2007) 69 NSWLR 198; Rogan-Gardiner [2010] WASC 290 (22 October 2010). [24] Russell (Appeal) (2008) 72 NSWLR 559, 567 [32], [25] ibid [26]Barker v Commonwealth Bank of Australia[2012] FCA 942 (3 September 2012). [27] 2013] FCAFC 83 at para [79], [28] 2013] FCAFC 83 at paras [94]-[95], [29] [2013] FCAFC 83 at para [81], referring to the Full Court of the SA Supreme Court decision inSouth Australia v McDonald(2009) 104 SASR 344 [30] [2013] FCAFC 83 at paras [72], [107]. [31] [2013] FCAFC 83 at paras [72], [97]. [32] [2013] FCAFC 83 at paras [110]-[111]. [33] [2013] FCAFC 83 at paras [112], [117], [130]-[132]. [34] 2013] FCAFC 83 at paras [152]-[158]. [35] 2013] FCAFC 83 at paras [118]-[128]. [36] 2013] FCAFC 83 at para [122]. [37]As in the House of Lords decision inScally v Southern Health and Social Services Board[1992] 1 AC 294, discussed by the majority inBarker[2013] FCAFC 83 at paras [114]-[115], [123], [128]. [38] 2013] FCAFC 83 at para [280 [39] 2013] FCAFC 83 at paras [288]- [295], especially paras [289]-[290]. [40] 2013] FCAFC 83 at para [340]. [41] 2013] FCAFC 83 at para [340]. [42] [2013] FCAFC 83 at para [351]. [43] Ansell Rubber Co Pty Ltd v Allied Rubber Industries Pty Ltd (1967) VR 37.

childcare :: essays research papers

recent changes in federal governmental priorities have seen a reduction in financial support for parents who use childcare. This is occuring at a time when there is incerasing social and financial pressure on parents, particularly mothers, to work. The issue of childcare and working mothers has been the subject of dispute for some time. many argue that the best place for children is always in their own homes with their own parents. However, it is my contention that there are many advantages to be bad from using childcare and the government should provide more financial assistance who do so. Ã ½t has been argued that children who attend childcare centres at an early age miss out an important earlylearning that occurs in parent-child interaction.these children, so this argument goes,may be educationally disadvantaged later in life. however,childcare centres may actually assist children in their early learning. they give children an opprtunity to mix with others and to develop social skills at an early age. Ã ½ndeed, a whole range of learning occurs in childcare centres. another argument against the use of childcare facilities is that children can be emotionally deprieved in these facilities compared to the home. this argument assumes that the best place for children is to be at their parents, especially mothers side for twnty-four hours a day. it claims that childrens emotional development can be damaged when they are left in childcare facilities. However parents and children need to spend some time apart.children became less dependent on their parentsand parents themselves are less stressed and more effective care-givers when there are peiods of seperation. Ã ½t could be further be asserted that the government and the economy as a whole cannot afford the enormous cost involved in supporting childcare for working parents.

Plath’s Daddy Essays: Loss and Trauma -- Daddy Essays

Loss and Trauma in Plath’s Daddy  Ã‚      In addition to the anger and violence, 'Daddy' is also pervaded by a strong sense of loss and trauma. The repeated 'You do not do' of the first sentence suggests a speaker that is still battling a truth she only recently has been forced to accept. After all, this is the same persona who in an earlier poem spends her hours attempting to reconstruct the broken pieces of her 'colossus' father. After 30 years of labor she admits to being 'none the wiser' and 'married to shadow', but she remains faithful to her calling. With 'Daddy' not only is the futility of her former efforts acknowledged, but the conditions that forced them upon her are manically denounced. At the same time, and this seems to fire her fury, she admits to her own willing self-deception. The father whom she previously related to the 'Oresteia' and the 'Roman Forum' is now revealed as a panzer man with a Meinkampf look. But she doesn't simply stop at her own complicity. 'Every woman,' she announces 'loves a Fascist/The b oot in the face, the brute/Brute heart of ...

Life cycle assessment of spring mattress Essay

Hendrickson, et al (2006) posits that: â€Å"LCA requires careful energy and materials balances for all the stages of the life cycle†. The life cycle of a spring mattress is made up of many processes. The life cycle or â€Å"cradle to grave’ of a spring mattress can be said to consist of the following five stages: a) extraction of raw materials (cradle), b) production of materials, c) production of spring mattress, d) use of the spring mattress, e) disposal of the spring mattress (grave). The function of the product system is to evaluate the extraction of the raw materials, the processing of the raw materials, the manufacturing and fabrication of the product, the distribution of the product, and the use of the product by the consumer and the disposal of the product when it is no longer useful. The functional unit. A spring mattress has a clear cut primary function: providing a resting or sleeping surface, but there are also other types of mattresses that serve the same purpose. Life cycle assessments usually serve to compare different products that have the same function. The functional unit is a quantitative description of the function of the product. The functional unit is a key element of LCA which has to be clearly defined. It should be based on the standard use of the product and is the main reason for which the product is bought. The functional unit is the measure of the function of the studied product and it provides a reference to which the inputs and outputs can be related. This makes it possible to compare two different products that serve the same purpose. The functional unit of a spring mattress may be defined as the length of time it stays fit for use. The system boundaries. According to ISO 14041 standards,† the system boundaries define the unit process to be included in the system to be modeled†. The system boundaries determine which unit Life cycle assessment of spring mattress. processes to be included in the LCA study. Subjective choice is partly used to define system boundaries. For system boundaries of a spring mattress, the following can be considered: 1) Boundaries between the technological system and nature. The life cycle normally begins at the point of extraction of the raw materials (used to manufacture the product) and energy carriers from nature. 2) System boundaries should cover the same reality in all scenarios. 3) Usually, the choice of geographical boundaries is not relevant because system boundaries are related to a function and not a region. 4) Only processes with relevant extractions or emissions will be considered. A screening approach is used to focus only on main contributions. Contributions from the production of capital goods (like trucks, machines); personal related processes (like factory canteens, commuting) and production of materials representing less than 5% of the product mass are not taken into consideration. Impact assessment methodology and interpretation. The aim of impact assessment is to evaluate the significance of potential environmental impacts using the results from the LCI phase. Environmental impacts are quantified as far as possible in an LCA. For this quantification, the classification and characterization methodologies are used. Classification is the assignment of individual inventory parameters to impact categories, e. g. , acidification or green house effect. Characterization is the conversion of LCI units into common units within each impact category with the aid of equivalence factors. In the LCA for a spring mattress, the following environmental impact categories should be considered: abiotic recourse depletion (exhaust), greenhouse effect (global warming), human toxicity, acidification, ozone depletion, landscape depletion, nuisance and solid waste. In the interpretation phase, conclusions are Life cycle assessment of spring mattress. Reached and recommendations are made in accordance with the defined goal and scope of the study. Ciambrone (1997) posits that: â€Å"The environmental lifecycle analysis methodology has three basic components. These components overlap and build on each other to develop a life cycle analysis. The three components are: a) Inventory analysis. b) Impact analysis. c) Improvement analysis†. References. Ciambrone, D. 1997. Environmental Life Cycle Analysis. Hendrickson, C et al, 2006. Environmental Life Cycle Assessment of Goods and Services, An Input-Output Approach. ISO 14041 Standards.

LAND by Masanobu Hiraoka

Monsanto Hiram animation video mostly because of how much I enjoyed watching it. The first time I viewed it I could not concentrate on the important graphical elements or how well the animation was done; The first thing did, was enjoy the mixture of the amazing colors moving and transforming Into shapes on my screen with the perfect sound going along with these moving colors. The many more times after that I watched it I kept getting impressed on how well everything is made and this is what I will discuss in this essay.Monsanto Hiram Is both an Illustrator and animator born in Kyoto, Japan. He created his first animation projects during graduation year at his university. His videos have a great Influence on Japanese culture and artists like Tattoo-u Amounts and Daisies Garish. He doesn't work for any studio but does a lot of commercial work besides his artistic projects, which he creates for fun. The artistic style of â€Å"Land† (released September 2013) Is very similar to hi s past projects but Its easy to observe how his recent millions have improved a lot.I think the concept of this video was just to create a wonderful imaginary world were a boy can walk through it and mess around with the metamorphosis of different objects. Primary and secondary imagery and effects make this composition very complex, uncluttered and Interesting. Its obvious where the artists wants us to look, he leads our eye to the most important subject the whole time but, everything around it never stops moving. This method keeps the imagery from looking flat because not much depth and dimension is used in the animation.The mood of this piece Is generated from three principal elements: the music, the colors and the shapes. Shapes start flat and are being transformed the whole time, they are even converted into geometrical objects that look as if they had a third dimension. The colors change through out the video but never go out of a specific color palette. The colors vary from pa stel blue, green. Pink, white, yellow, etc. This makes the animation feel natural and not aggressive as If It were to use Blvd reds.Colors are amazingly coordinated with the music. Most of the time it makes you feel relaxed and happy, there are no dark and sad shades of color and the tone of the music never changes drastically to keep you in the same mood. The music was created by a Spanish girl named Lamar Molder and makes you want the video never to end. I noticed that the video also utilizes some of the animation principles. Here I will discuss a few of them: Squash and stretch – we can appreciate this principle since the first seconds of the film.Forms are being squashed and stretched and give the ewer a sense of Hewlett and flexibility which make It more appealing to the eye. Anticipation There is not much anticipation except when there are repetitive patterns, but mainly, the artist prepares its audience to be ready for anything unexpected to happen. Staging – Hi ram uses staging through out the whole animation. He makes you look at forms by making them move, isolate, pop, change 1 OFF through – This principle is shown by objects that keep on moving until they are out of frame or transformed into other visual objects (metamorphosis).Slow in and out – Every single wave of color has a smooth way of appearing and disappearing. Arcs – objects move sometimes following the laws of physics and sometimes not, but in general the animation has a continuous arc movement that makes the objects look realistic by how they move. Secondary action – Even though we are following a main subject the whole time, objects around it never stop moving. Personally, what I most found impacting about Hooray's work in â€Å"land† was that I did not need a message or complete story structure to get hooked.After watching a few seconds I was expecting anything to happen. The planning for this must have been really difficult and for a long time. Every element in the frame matches with the next one that is coming in and with the one that Just left. If I could think of any recommendation to make the piece better, it would be to play around a little bit more with depth and different dimensions to give the moving objects more distance from one another so the frame does not get crowded at any time.