Whiplash Claims in the UK - Free Essay Example

Sample details Pages: 9 Words: 2831 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Government Essay Did you like this example? What, if anything, should the Government do about whiplash claims in this country? The need for our government to take action in regards to whiplash claims would depend on whether there is a problem in the first place. The problem in this respect can take on many forms, namely with either procedure, access to justice, other methods of resolving dispute (ADR[1]), policy, legislation, social dynamics and/or economical climate of the whole country. It is therefore vital to identify the problem and where it stems from, before searching for appropriate solutions. Don’t waste time! Our writers will create an original "Whiplash Claims in the UK" essay for you Create order For the purposes of this essay I will be focusing on the past policy changes in regards to personal injury, such as the introduction of legal aid system and the Legal Aid Board, Lord Woolfà ¢Ã¢â€š ¬Ã¢â€ž ¢s review of the Civil Procedure Rules and Access to Justice Report[2] and Lord Jackson Reforms. I will aim to demonstrate that there are considerable claims in regards to à ¢Ã¢â€š ¬Ã…“compensation cultureà ¢Ã¢â€š ¬Ã‚ [3] and à ¢Ã¢â€š ¬Ã…“whiplash epidemic,à ¢Ã¢â€š ¬Ã‚ [4] but those assertions are largely unfounded and seem to serve as an excuse for political and economical goals. Nonetheless, the current changes are both reactive and proactive, and can be seen as necessary in our current economical climate. The problem in this case is subjective, everyone involved would take a different view depending which interests they represent and the end goal they are trying to achieve. It is difficult to determine whether there has been a major increase in RTA over the years as unfortunately there is no reliable, year by year, statistical data to prove the case either way.[5] Nonetheless, when it comes to whiplash injury, Jack Straw quoted that it is as high as 80% of all the RTAs[6] leading to Britain being branded the à ¢Ã¢â€š ¬Ã…“whiplash capital of Europe.à ¢Ã¢â€š ¬Ã‚ [7] Lord Jacksonà ¢Ã¢â€š ¬Ã¢â€ž ¢s review of PI claims found that claimants had too many benefits, making smaller claims, namely whiplash claims, an easy target for fraudsters. Unsurprisingly ABI[8] was strongly in support of the reforms that followed and APIL[9] were strongly against. What is plainly evident is that the two sides reflect the interests of their industries. Fault based liability seems to be turning into cost based liability. Lord Dyson suggests that claimants have à ¢Ã¢â€š ¬Ã…“lost all sense of personal responsibilityà ¢Ã¢â€š ¬Ã‚ [10] blaming the media for creating a false belief that litigation is a quick financial boost rather than a genuine solution to a p roblem à ¢Ã¢â€š ¬Ã…“[t]he compensation culture is a myth; but the cost of this belief is very real.à ¢Ã¢â€š ¬Ã‚ [11] Nonetheless, Dyson diverts the blame from the system à ¢Ã¢â€š ¬Ã…“compensation culture is not about what goes on in court, but rather about what happens outside the court roomà ¢Ã¢â€š ¬Ã‚ [12] and rejecting claims that UK has developed the US style litigation culture.[13] Some of the biggest changes to affect whiplash claims have been made first through the Lord Woolfà ¢Ã¢â€š ¬Ã¢â€ž ¢s review which focused on the disproportion caused by the legal aid system and just recently by Jackson Reforms, which were introduced to target the imbalance generated by the Access to Justice Act 1999 between claimants and defendants. The Jackson Reforms introduced a shift between the claimant and the defendant especially in regards to the small claims track. The new model of Conditional Fee Arrangements that abolish the recoverability of success fees and API premiums m ean that the claimant will be covering some of the costs through the awarded damages.[14] These reforms can be seen to not only continue maintaining access to justice through CFA, but also significantly reducing costs and disproportionate fees.[15] These reforms alter the traditional model of full compensation. Cane draws on Lord Denning criticism of the old model in Lim Poh Choo v. Camden Health Authority[16] à ¢Ã¢â€š ¬Ã…“it would be unfair and unreasonable to award damages for loss of earnings if the claimant was in no position to benefit from them.à ¢Ã¢â€š ¬Ã‚ [17] The new reforms do not target so much how the damages are calculated, but more how much the claimant is actually left with. The courts often find themselves in a difficult position having to calculate a value in financial terms on the injuries and possible future losses which, through their subjective judicial activism, this can result in considerably varied applications of awards. à ¢Ã¢â€š ¬Ã…“There seems no r eason why a young person should be maintained for the rest of their life by an award of damages (paid by society in one way or another) simply because their spouse or partner was killed through someoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s fault. It is surely not right that the law should reward idleness and discourage gainful activity in this way.à ¢Ã¢â€š ¬Ã‚ [18] Although Cane was talking about fatal accidents, damaged in whiplash claims are often also difficult to calculate[19] and disproportionate claims[20] can arise when calculating future losses in regards to whiplash personal injury claims, sometimes depending on the length of the claimed pain not severity.[21] The claimants must take reasonable steps to mitigate their loss, but it is difficult to prove whether or not a claimant has done all that is reasonably expected of them to reduce their costs and again it is left up to the courts to decide what is reasonable. Currently a claimant can include private medical treatment[22] in their da mages even if it is available through the NHS à ¢Ã¢â€š ¬Ã…“(in more than a third of cases), in order to have an examination necessary for the claim.à ¢Ã¢â€š ¬Ã‚ [23] This seems to go strongly against the mitigation principle à ¢Ã¢â€š ¬Ã…“[i]t is not at all obvious why, sixty years after the beginning of the NHS, we should continue to subsidize those who seek private treatment in the way that the tort system does.à ¢Ã¢â€š ¬Ã‚ [24] This is something the Government can potentially address in regards to whiplash injury, as these claimants are unlikely to require treatments the NHS does not already provide. Current proposals for medical whiplash panels have been accepted by the Ministry of Justice and are likely to be implemented.[25] The Civil Justice Council has indicated the need for independent panels with an accreditation model to provide skilled advice, but indicated the need for heavy regulation à ¢Ã¢â€š ¬Ã…“are assessed and authorised on the basis of their experti se, and not organisations that can then hire or instruct individual doctors who are not then subject to any independent scrutiny or authorisation.à ¢Ã¢â€š ¬Ã‚ [26] This model looks promising and aims to be à ¢Ã¢â€š ¬Ã…“i) flexible; ii) transparent; iii) independent.à ¢Ã¢â€š ¬Ã‚ [27] Nonetheless, with whiplash injuries being so difficult to prove, medical panels, no matter how independent, are unlikely to spot fraudsters. Their reports would produce largely subjective results. Motor Investigation Unit has been researching more modern solutions through social media and technical equipment like on board CCTV.[28] In Golden v. Dempsley[29] the courts accept the MIU[30] take a different approach to evidence, with more focus on the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s credibility. In reference to Kearsley v Klarfeld[31] and Casey v Cartwright[32] the district judge also notes the need for early access to the car for inspection and medical records, but also stresses that those should not be the main focus. The recent reforms were heavily criticised by the Law Society and APIL who are disadvantaged by the new changes, à ¢Ã¢â€š ¬Ã…“propaganda which is generated by insurers on the pretext that insurance premiums will be reduced and that this will in turn assist the countryà ¢Ã¢â€š ¬Ã¢â€ž ¢s economic recovery.à ¢Ã¢â€š ¬Ã‚ [33] Claire McIvor takes an individualistic approach arguing that the new reforms significantly reduce claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s access to justice and impede on their Human Rights, primarily Article 6 à ¢Ã¢â€š ¬Ã…“access to justice is, after all, a fundamental human rightà ¢Ã¢â€š ¬Ã‚ ¦under the terms of art.6, it is unqualified in terms of cost considerations.à ¢Ã¢â€š ¬Ã‚ [34] However, too much access to justice can create chaos, Friedman refers to this as an à ¢Ã¢â€š ¬Ã…“Orwellian nightmare,à ¢Ã¢â€š ¬Ã‚  where access to justice is so open, that anyone can claim for anything with ease, and in effect we end up regulating each other, à ƒ ¢Ã¢â€š ¬Ã…“we cannot have a system that provides unlimited access to justice; the pyramid must remain a pyramid.à ¢Ã¢â€š ¬Ã‚ [35] Individuals are likely to fight for their own interests with disregard of how it might affect someone in the future through policies, allowing the pyramid to lose its shape would likely result in a dysfunctional welfare state à ¢Ã¢â€š ¬Ã…“not justice but economical inefficiency and waste.à ¢Ã¢â€š ¬Ã‚ [36] McIvor takes a normative approach, but disregards economical efficiency completely à ¢Ã¢â€š ¬Ã…“minimum costs will consist solely of those costs which are necessary à ¢Ã¢â€š ¬Ã‚ ¦regardless of whether they can be described economically efficient.à ¢Ã¢â€š ¬Ã‚ [37] This is a good theoretical model, but one that does not work in practice, it is quite an unrealistic model considering economy is the driving force and is what allows UK to compete on an international level pedestal with other leading economies. If we disregard economy with s uch ease in every area of governance and politics then we are likely to be in constant recession. McIvor states that à ¢Ã¢â€š ¬Ã…“substantive aspect of the process should take priority over the procedural.à ¢Ã¢â€š ¬Ã‚ [38] However, Friedman argues that à ¢Ã¢â€š ¬Ã…“[c]heapness and convenience, while obviously important, are hollow and meaningless without a working system of relevant rights.à ¢Ã¢â€š ¬Ã‚ [39] A working system is one that can continue functioning, that can sustain itself. The reforms[40] represent a give and take scenario, with the abolition of success fees and ATE premiums on the one hand and the 10% increase in general damages[41], 25% cap on success fees from damages and qualified one way cost shifting on the other. It is an attempt to distribute costs between all parties, the claimants, defendants and even the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s lawyers. Although the claimant is viewed by some as à ¢Ã¢â€š ¬Ã…“the little guy in the face of giant corporations à ¢Ã¢â€š ¬Ã‚ [42] he is also the à ¢Ã¢â€š ¬Ã…“one-time litigantà ¢Ã¢â€š ¬Ã‚ [43] so unlike the defendant, likely an insurance company, in the event the claimant loses their case they will only bear the costs once, if at all.[44] The costs do balance out between the parties that way, just because insurance companies have more assets at an individualistic level, does not mean that they should carry the cost burden so significantly, this would not work with every case. Many claimants do not realise that personal injury civil litigation is not funded through the state, legal aid has been cut significantly and now it is publicly funded, so the costs come back round on us in a vicious circle through insurance premiums. The Jackson Reforms have deep political roots. We have been experiencing difficult economical times and are just emerging from the deepest recession of 2008-2009s since the war time of the 1920s.[45] We cannot look at the recent changes in whiplash claims policy i n isolation from the economical and political climate that evoked those changes. It is possible that the à ¢Ã¢â€š ¬Ã…“compensation cultureà ¢Ã¢â€š ¬Ã‚  is an excuse, but the problem remains and that is excessive litigation in the whiplash area of civil litigation. There are very little changes that I would advise our Government to make in relation to whiplash claims in this country. I would advise an introduction of a whiplash NHS care package to speedily deal with medical reports of claimants, this is, however, likely to be introduced together with the medical panels and the accreditation scheme. Through past history of the legal aid introduction, then the Access to Justice Act 1999, and now the Jackson Reforms, what is evident is this constant emerging imbalance between the two sides, justice and morality often lies on the side of the claimant and economical prosperity on the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s side, usually a corporation. The way this imbalance is targeted is by restricting the side that is causing an imbalance, it is something that will continue to be done. Social tendencies dictate that whichever party gets better provisions, will take advantage of it and in some cases even abuse it, such as the fraudulent whiplash claims. That is not to say the system we have at the moment is the optimal, best suited system, but it is one that seems to be reflecting the current economical conditions. The new changes introduced by way of Jackson Reforms are unlikely to stick around long enough to make a long lasting imprint in history, but it seems they are better suited for the current identified imbalance and will remain in place until the scales tip in the opposite direction. Bibliography: Lim Poh Choo v. Camden Health Authority [1980] AC 174. Motto and others v. Trafigura Ltd and another [2011] EWCA Civ 1150. Valentine v McGinty [2010] G.W.D. Langford v Hebran [2001] EWCA Civ 361. Fairley v Thomson [2004] Rep. L.R. 142. Golden v. Dempsley [2010] 9B106073. Kearsley v Klarfeld [2005] EWCA Civ 1510. Casey v Cartwright [2006] EWCA Civ 1280. Simmons v Castle [2012] EWCA Civ 1039. Access to Justice Act 1999. Legal Aid, Sentencing and Punishment of Offenders Act 2012 Law Reform (Personal Injuries) Act 1948. Conditional Fee Agreements Order 2013. C McIvor, à ¢Ã¢â€š ¬Ã‹Å"The Impact of the Jackson reforms on access to justice in personal injury litigationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2011) CJQ. LM Friedman à ¢Ã¢â€š ¬Ã‹Å"Access to Justice: Some Historical Commentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 2009 37(1) Fordham Urb. LJ Article 4, 7 CFA covers legal fees; however additional costs such as medical reports and court fees might have to be covered by the claimant in the even they lose their case. Steve Hawkes , à ¢Ã¢â€š ¬Ã‹Å"Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s compensation culture is out of control, insurance chief warnsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Telegraph, 4 August 2013). R. Lewis, A. Morris and K. Oliphant, à ¢Ã¢â€š ¬Ã‹Å"Tort personal injury claims statistics: is there a compensation culture in the United Kingdom?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2006] JPIL 103. Master of The Rolls Lord Dyson, Compensation Culture: Fact or Fantasy? (Holdsworth Club Lecture, 15 March 2013). P. Cane, Atiyahà ¢Ã¢â€š ¬Ã¢â€ž ¢s Accidents, Compensation and the Law (7th ed., Cambridge, 2006). Law Society, Reducing the number and costs of whiplash claims A consultation on arrangements concerning whiplash injuries in England and Wales (March 2013). Civil Justice Council, Reducing the Number Costs of Whiplash Claims. https://www.telegraph.co.uk/finance/newsbysector/banksandfinance/insurance/10221301/Britains-compensation-culture-is-out-of-control-insurance-chief-warns.html Accessed 14/03/2014 to 20/03/2014 Chinwe Akomah, à ¢Ã¢â€š ¬Ã‹Å"ABI seeks à ¢Ã¢â€š ¬Ã‹Å"radicalà ¢Ã¢â€š ¬Ã¢â€ž ¢ action to tackle whiplash epidemicà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Post Online, 27 April 2012) https://www.postonline.co.uk/post/news/2170911/ abi-outlines-radical-plans-tackle-whiplash-epidemic Accessed 14/03/2014 to 20/03/2014 à ¢Ã¢â€š ¬Ã‹Å"Jack Straw calls for reform of car insurance industryà ¢Ã¢â€š ¬Ã¢â€ž ¢ (BBC, 27 June 2011) https://www.bbc.co.uk/news/uk-13922554 Accessed 14/03/2014 to 20/03/2014 Ray Massey, à ¢Ã¢â€š ¬Ã‹Å"Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢s whiplash capital: Compensation culture makes British twice as likely to claim, adding  £90 to premiumsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Daily Mail, 20 April 2013) https://www.dailymail.co.uk/news/article-2311979/Europes-whiplash-capital-Compensation-culture-makes-British-twice-likely-claim-adding-90-premiums.html Accessed 14/03/2014 to 20/03/2014 John Hyde, à ¢Ã¢â€š ¬Ã‹Å"MoJ confirms plans for medical whiplash panelsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Law Gazette, 16 January 2014) https://www.lawgazette.co.uk/practice/moj-confirms-plans-for-medical-whiplash-panels/5039395.article Accessed 14/03/2014 to 20/03/2014 à ¢Ã¢â€š ¬Ã‹Å"Fraud à ¢Ã¢â€š ¬Ã¢â‚¬Å" December 2011à ¢Ã¢â€š ¬Ã ¢â€ž ¢ (Weightmans, December 2011) https://www.weightmans.com/library/newsletters/fraud_-_december_2011/lvi_-_a_fresh_approach.aspx Accessed 14/03/2014 to 20/03/2014 Graham Hiscott, à ¢Ã¢â€š ¬Ã‹Å"Budget 2014: George Osborneà ¢Ã¢â€š ¬Ã¢â€ž ¢s recovery exposed as a conà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Mirror, 19 March 2014) https://www.mirror.co.uk/news/uk-news/budget-2014-george-osbornes-recovery-3258255 Accessed 19/03/2014 to 20/03/2014 [1] Alternative Dispute Resolution. [2] Resulting in new legislation, Access to Justice Act 1999. [3] Steve Hawkes , à ¢Ã¢â€š ¬Ã‹Å"Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s compensation culture is out of control, insurance chief warnsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Telegraph, 4 August 2013) https://www.telegraph.co.uk/finance/newsbysector/banksandfinance/insurance/10221301/Britains-compensation-culture-is-out-of-control-insurance-chief-warns.html [4] Chinwe Akomah, à ¢Ã¢â€š ¬Ã‹Å"ABI seeks à ¢Ã¢â€š ¬Ã‹Å"radicalà ¢Ã¢â€š ¬Ã¢â€ž ¢ action to tackle whiplash epidemicà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Post Online, 27 April 2012) https://www.postonline.co.uk/post/news/2170911/abi-outlines-radical-plans-tackle-whiplash-epidemic [5] R. Lewis, A. Morris and K. Oliphant, à ¢Ã¢â€š ¬Ã‹Å"Tort personal injury claims statistics: is there a compensation culture in the United Kingdom?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2006] JPIL 103. [6] à ¢Ã¢â€š ¬Ã‹Å"Jack Straw calls for reform of car insurance industryà ¢Ã¢â€š ¬Ã¢â€ž ¢ (BBC, 27 J une 2011) https://www.bbc.co.uk/news/uk-13922554 [7]Ray Massey, à ¢Ã¢â€š ¬Ã‹Å"Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢s whiplash capital: Compensation culture makes British twice as likely to claim, adding  £90 to premiumsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Daily Mail, 20 April 2013) https://www.dailymail.co.uk/news/article-2311979/Europes-whiplash-capital-Compensation-culture-makes-British-twice-likely-claim-adding-90-premiums.html [8] Association of British Insurers. [9] Association of Personal Injury Lawyers. [10] Master of The Rolls Lord Dyson, Compensation Culture: Fact or Fantasy? (Holdsworth Club Lecture, 15 March 2013) 6. [11]Ibid, Lord Dyson quoting BRTF, 4. [12] Ibid 11. [13] Ibid 8. [14] Implemented through s44 and s46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and Conditional Fee Agreements Order 2013. [15] Motto and others v. Trafigura Ltd and another [2011] EWCA Civ 1150. [16] [1980] AC 174. [17] Ibid. [18] P. Cane, Atiyahà ¢Ã¢â€š ¬Ã¢â€ž ¢s Accidents, Compensation and the Law (7th ed., Cambridge, 2006) 155. [19] Valentine v McGinty [2010] G.W.D. [20] Langford v Hebran [2001] EWCA Civ 361. [21] Fairley v Thomson [2004] Rep. L.R. 142. [22] Law Reform (Personal Injuries) Act 1948, s. 2(4). [23] Ibid (n 17) 155. [24] Ibid (n 17) 151. [25] John Hyde, à ¢Ã¢â€š ¬Ã‹Å"MoJ confirms plans for medical whiplash panelsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Law Gazette, 16 January 2014) https://www.lawgazette.co.uk/practice/moj-confirms-plans-for-medical-whiplash-panels/5039395.article [26] Civil Justice Council, Reducing the Number Costs of Whiplash Claims. [27] Ibid. [28] à ¢Ã¢â€š ¬Ã‹Å"Fraud à ¢Ã¢â€š ¬Ã¢â‚¬Å" December 2011à ¢Ã¢â€š ¬Ã¢â€ž ¢ (Weightmans, December 2011) https://www.weightmans.com/library/newsletters/fraud_-_december_2011/lvi_-_a_fresh_approach.aspx [29][2010] 9B106073 [30] Motor Investigation Unit. [31] [2005] EWCA Civ 1510. [32] [2006] EWCA Civ 1280. [33] Law Society, Reduci ng the number and costs of whiplash claims A consultation on arrangements concerning whiplash injuries in England and Wales (March 2013) 2. [34] C McIvor, à ¢Ã¢â€š ¬Ã‹Å"The Impact of the Jackson reforms on access to justice in personal injury litigationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2011) CJQ. [35] LM Friedman à ¢Ã¢â€š ¬Ã‹Å"Access to Justice: Some Historical Commentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 2009 37(1) Fordham Urb. LJ Article 4, 7. [36] Ibid 9. [37] Ibid (n 30). [38] Ibid (n 30). [39] Ibid (n 31) 4. [40] Lord Jackson Reforms 2013. [41] Introduced through Simmons v Castle [2012] EWCA Civ 1039. [42] Ibid (n 31) 6. [43] Ibid (n 30). [44] CFA covers legal fees; however additional costs such as medical reports and court fees might have to be covered by the claimant in the even they lose their case. [45] Graham Hiscott, à ¢Ã¢â€š ¬Ã‹Å"Budget 2014: George Osborneà ¢Ã¢â€š ¬Ã¢â€ž ¢s recovery exposed as a conà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Mirror, 19 March 2014) https://www.mirror.co .uk/news/uk-news/budget-2014-george-osbornes-recovery-3258255

Gilded Age Dbq Essay - 932 Words

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Organizational Behavior in the Organization †Myassignmenthelp.com

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If the organization is making changes in their policies, rules or regulation the employees should be made aware of it and while changing employees, stakeholders of the organization should be considered. Therefore, values are the The people first choice to work is when the organization is having well managed rules, regulation and the working environment. The challenged faced by the organization is making the work environment well networked. Well networked means that the organization should maintain their hierarchy of work culture (Somech and Drach-Zahavy, 2004). The environment of the organization should always be positive so that the employees should like working there. The Big Energy organization should always try to maintain the positive and peaceful environment which will automatically influence the workforce to work properly and maintain the peace in the workplace (Somech and Drach-Zahavy, 2004 ). The ethical behaviour of the workforce in the organization should be in favour of the organization. The ethics should always be maintained by the workforce of the organization to increase the productivity of the organization. Behaviour: As per the micro OB theory, it is very much necessary to give emphasis on the individual as well as group behaviour present in XYZ organization. Understanding behaviour of the employee is important as it helps in analyzing the action as well as personality of individual in the organization (Editorial Board, 2013). It helps the managers to motivate their subordinates to do work or increase their work effectively. In this particular case, it helps the manager of the Big Energy to know the behaviour of their subordinates and make them work according to it. The study of behaviour of existing employees indicates that there is an issue faced by the organization in maintaining the relationship between individual and the organization, as when organization is aware about the individuals behaviour, beliefs and personality then maintaining the professional relation will be easier. As it helps in maintaining the level of job satisfaction of the employees present in the organization and helps in developing the behaviour related to the work, there is requiring identifying the way to resolve this specific issue. It also helps the managers to motivate their subordinates to work according to the level of expectation. The managers are also motivated by their lead to work properly and make their subordinates work. As per the integration model, industrial relationship of the organization can be maintained by the help of organizational effectiveness. It helps in increasing the behaviour related to the function of the organization. The functional behaviour of the organization can be maintained with the help of it. Therefore, to maintain the level of productivity, effectiveness, efficiency of the organization, Big Energy must have to resolve behavioural issue rose due to such integration (Galaskiewicz, 2007). It is also the fact that during integration there is requiring considering behavioural aspect of both the organization. For that, it is essential to enhance the managerial skills of the managers of Big Energy. Specifically, the self development, personality development skills of the managers in the organization is important. This will ultimately enhance the interpersonal skills of an individual or the team head of the organization. Interpersonal skills are like leadership, motivation, team building and etc. It helps in improving the coordination among the team or group present in the organization (Lamertz, 2006). There are different groups present in the organization who are having people with different culture, so to maintain the coordination the study of their behaviour is important. The changes or innovation if required in the organization policies, rules or anything else can be done on the basis of the ob (Dulaimi, Ling and Bajracharya, 2003). The bases on which the Big Energy performs the study of XYZ staff members are as follows: Psychology of the employees of XYZ It is used to study or analyze the behaviour of an individual. But the result shows that employees, who came from XYZ, did not match with the existing strategy. So, it creates adverse impact on the employee. Sociology study It helps in knowing the behaviour of the different groups present in the organization. This study shows that there are different behaviours experienced for XYZ as well as Big Energy. Thus, this also creates issue in the long run. Social Psychology study It is used knowing the affect or impact of one another present in the organization. Since, the study evidenced different behaviours in both group of employees, it ultimately creates pressure on the employees itself. So, in the long run, it affects the the culture of the Big Energy. This study also helps in knowing the behaviour of an individual in the political environment of the organization. Conclusion and recommendation: The main focus of integration model of Big energy was on competitive advantages which help in increasing their long term profit. Its aim is to increase the rate of integration. Big energy after absorption process was unable to get proper innovative process for operation which de motivated their employees. Big energy should analyze their behavioural model of efficiency so that they can examine the behaviour of group or individual present in organization. Organization is made by the employees attitude towards their work, culture and their values. Management of Big Energy should focus on the needs, attitude and also the problem which remaining employees are facing. Big Energy should focus on the morale of the remaining employees so that they are motivated to work. The study of OB in Big Energy helps in understanding the issues involved here. Here, the organization needs to follow the below mentioned strategies to diminish the issues faced by the employees. First of all, there is require d to conduct study at individual level i.e. Micro level. The individual level is to be conducted by making study on the behaviour, beliefs, personality of an individual working in the organization. Secondly, there is requiring employing specific strategy, so that people can work in groups. Here, the work group means the team or group present in the organization. Suppose there is a group of ten people in the organization who are working for common goal, so the personality, action of work, methods of performing work and etc will be different of everyone. To study everyones behaviour ob is helpful. It will help in increasing the level of job performed by the group or team. By the case study it is clear that due to integration the morale of employees were going down so the management of XYZ organization should be transparent and try to increase the value system and examine correctly the behaviour. It will help to increase the coordination among the employees after absorption. In order to address the attitude issue, the organization have to encourage their employees to work up to the expectations, there should be such initiatives that influence them to work within the organization. For this, they have to examine the behaviour of their employees properly on a frequent basis. Here, the models which can be used by the organization are:- Supportive model Supportive model of ob in the organization focuses on leadership. In this model the manager has to encourage their subordinates to do his job in proper manner to increase the productivity of the organization (Buchanan, 1995). Autocratic Model Autocratic model will focus on the power or authority of the employees in the organization. This model describes the power of different people in the organization like the power or authority of manager is to control their subordinates and motivate them to do their job. Collegial Model This model can be used to describe the team work of the organization. It is used to identify the level of coordination among the team members or the group members. The level of coordination defines the level of work performed if the level of coordination is good or high among the members then the quality of work performed will also be good. Custodial Model This model of ob can be used by the organization to describe the economic resources available in the organization. In this model managers motivate by giving different faculties or benefit to the employees which make them work individually to increase the monetary benefit separately. System Model System model will help in describing the trust, motivation level, performance of the employees working in the organization. The level of trust of employees on the organization is very important for the organization because if the employees are not having trust on the organization they cannot be motivated to work (Adhikari, n.d.). Further, the organization can also utilize the Quantitative method is used to analyze the behaviour on the bases of statistics. The quantitative in simple words means that the research is based on the numbers, figures which is obtained by using different statistics models. To analyze the human behaviour who are working in the organization different statistics methods are used like: Time- series analysis Multiple regressions Meta analysis Correlation Analysis of Variance(ANOVA) and etc Every statistical method can be used to analyze the behaviour but there ways of performing is different from each other. Organization uses the quantitative method to do the systematic research of the behaviour with the help of statistical, mathematical and numeric. References Adhikari, H. (n.d.). Organizational Change Models: A Comparison. SSRN Journal. Buchanan, D. (1995). Desanitizing Organizational Behaviour. Organization, 2(1), pp.165-167. Dulaimi, M., Ling, F. and Bajracharya, A. (2003). Organizational motivation and inter-organizational interaction in construction innovation in Singapore. Construction Management and Economics, 21(3), pp.307-318. Eason, K. (2001). Changing perspectives on the organizational consequences of information technology. Behaviour Information Technology, 20(5), pp.323-328. Editorial Board. (2013). Nonlinear Analysis: Theory, Methods Applications, 80, p.IFC. Galaskiewicz, J. (2007). Has a Network Theory of Organizational Behaviour Lived Up to its Promises?. Management Organization Review, 3(1), pp.1-18. Lamertz, K. (2006). Organizational Citizenship Behaviour as Performance in Multiple Network Positions. Organization Studies, 27(1), pp.79-102. Somech, A. and Drach-Zahavy, A. (2004). Exploring organizational citizenship behaviour from an organizational perspective: The relationship between organizational learning and organizational citizenship behaviour. Journal of Occupational and Organizational Psychology, 77(3), pp.281-298. Somech, A. and Drach-Zahavy, A. (2004). Exploring organizational citizenship behaviour from an organizational perspective: The relationship between organizational learning and organizational citizenship behaviour. Journal of Occupational and Organizational Psychology, 77(3), pp.281-298. Subba Rao, T. (2010). Time Series Analysis. Journal of Time Series Analysis, 31(2), pp.139-139.

Loss of RMS Titanic (1912) Significant Events of the 20th Century

Introduction The Loss of RMS Titanic occurred on 15th April 1912 when it sunk within three hours after it struck an iceberg on 14th April 1912 at 11:40 pm. The loss occurred while the ship was on its Maiden voyage from Southampton, United Kingdom to the New York City in the United States causing one of the deadliest maritime disasters of the 20th century.Advertising We will write a custom essay sample on Loss of RMS Titanic (1912): Significant Events of the 20th Century specifically for you for only $16.05 $11/page Learn More The Titanic started its maiden voyage at Southampton to New York on 10th April 1912. RMS Titanic was the largest passenger vessel at the time. It was constructed by Harland and Wolff Shipyard in Belfast Ireland from 1909 to 1911 (The Library of Virginia, n. p.). Titanic had 2,223 people on board during the accident causing death of 1178 people (Hill, 1996). When The Virginia Newspaper examined events of sinking RMS titanic (n. p.), it was founded that it was licensed to carry 2603 passengers. The design of the Titanic was done using the best standards to conform to safety regulations. This made the engineers believe that Titanic was unsinkable and secure. The events that led to loss of RMS Titanic have changed ship design, navigation regulations and affected lives of many who survived to date. What are the Causes of Loss of RMS TITANIC? The loss of Titanic was caused by a number of reasons varying from design, regulations to operation. The main reason for the loss was the collision between the Titanic and an iceberg. This destroyed about two hundred and ninety nine feet of the ship’s steel hull allowing sea water to flow to some of its sixteen compartments. However, its construction and the kind of materials used are believed to have contributed greatly to its rapid loss. The main design of Titanic was done by Lord Pirrie. A team of engineers helped him in the design and construction including Alexander Carlisle who was in charge of decorations, general arrangement and several other duties. The hull steel which was used to construct the ship was brittle and easily broke due to impact of collision. Test done on the steel retrieved by scientists from wreckage indicates that the metal was brittle rather than ductile as required (Gannon, 1995). This was caused by high content of oxygen and sulfur. The collision with the iceberg caused a great impact due to the speed of the ship and low water temperature. The rivets used to fasten hull plates broke down too. Being made from wrought iron and exposure to very low temperatures in water, the rivets succumbed to the impact of the collision. The rivets broke because they were brittle and encounter with the cold water increased the chance of breaking (Gannon, 1995).Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More This opened inlets for water to flow into water t ight compartments of the ship through traverse bulkhead which were poorly designed (Broad, 2008). The water tight compartments kept water instead of spreading around making it to pitch. Water in the damaged compartments entered other compartments very fast when the ship pitched forward because they were watertight horizontally only. The topside of all the sixteen watertight compartments was open allowing water to enter easily making the ship to sink faster than anticipated. Who Are Key Players In The Loss Of RMS TITANIC? The captain of the ship Edward J. Smith ignored warnings about ice received from other ships through wireless operators. His crew was not in a position to change the course of the ship when they spotted a massive iceberg 500 yards ahead due to the size of the ship and its speed which was almost at full steam (Gannon, 1995). Second officer David Blair left the ship when Charles Lightoller was made second officer. He stored five pairs of lookout binoculars in his cabi n and did not inform Lightoller of its where about. Blair’s actions caused enormous repercussions. Lack of the binoculars resulted in watering of their eyes within every few seconds due to low temperatures. However, it is Captain Smith who initiated these series of activities when he requested that Henry Wilde be made chief officer of MRS Titanic. This resulted in William Murdoch being demoted to first officer and Charles Lightoller to second officer both of who where officers in Titanic. Blair left the ship and resigned without formally handing over (Rogers et al, 1998). According to Titanic Disaster Historical Documents Archive (1998), during the time of the disaster, British Board of Trade had regulations which were outdated requiring ships with over ten thousand tons to carry sixteen lifeboats only. Although, British Board of Trade regulations required 16 lifeboats for Titanic, White Star Line provided 20 lifeboats which were more than the number required by four lifeboat s. Bruce Ismax manager of White Star Line objected to the number of life boats recommended by Alexander Carlisle after his calculations. Bruce considered the British Board of Trade regulation which required it to have sixteen life boats which were sufficient for about 960 people while the vessel had a capacity of more than 2000 passengers. Lord Pirrie, Alexander Carlisle, Thomas Andrews and other engineers designed and constructed titanic using assumptions based on their experience. The metals used where tempered with temperatures not suitable use in low temperature situations (Hill, 1996).Advertising We will write a custom essay sample on Loss of RMS Titanic (1912): Significant Events of the 20th Century specifically for you for only $16.05 $11/page Learn More The engineers and designers left the topsides of the compartments open and the sides made watertight but walls made up to only a small distance above the highest level of water. The design team w as compromised by the White Star Management hence reducing the number of life boats from the initial 64 to 20. What are The Effects and Repercussions of the Loss of RMS Titanic? Immediate Repercussions of Loss of RMS Titanic Massive loss of life occurred due to the sinking of the Titanic. A total of 1178 people lost their lives. Thousands grieved their loved ones while a number of people loosing their entire families. The company which owned titanic, White Star Line, modified its existing ships to avoid any subsequent loss caused by design problems which contributed to the Titanic disaster. Together with Harland and Wolff Shipyard the company that constructed Titanic and other shipbuilding companies, White Star Line started to follow all the regulations which had been put in place by United Kingdom and United States governments before the Titanic disaster occurred. Other safety regulations for the ships at sea were discussed and put in place which included ship design, and regulatio ns for passenger and cargo ships. The number of lifeboats was also increased to fit the number of passengers in each ship. Current Repercussions of the Loss of MRS Titanic Safety of Life at Sea convention was organized in 1948 to discuss and come up with regulations which would ensure no such disaster occur in future. The convention was used to establish specifications to be used in designing of ships and their watertight compartments. The design was to be based on size of ships and the compartments were to limit flooding in ships and ensure that they must stay afloat with two water tight compartments flooded (Basset, 1998). Safety regulations including mandatory increased lifeboat capacity were established and are in use to date. Use of wireless communication and ice patrols regulations were also established to avoid repeat of the Titanic disaster.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More Works Cited Basset, Vicky. â€Å"Causes and Effects of the Rapid Sinking of the Titanic†. Undergraduate Engineering Review, 1998. Web. Broad, William J. â€Å"Why did it really sink?† The New York Times, 15Apr. 2008 . Web. Gannon, Robert. â€Å"What Really Sank the Titanic?† Popular Science 246.2 (1995): 49-55. Web. Hill, Steve. â€Å"The Mystery of the Titanic: A Case of Brittle Fracture?† Materials World 4.6 (1996): 334-335. Web. Rogers, Patrick, Anne-Marie O’Neill, and Sophfronia Gregory, S. â€Å"Sunken Dreams,† People 49.10 (1998): 44-51. Web. The Library of Virginia. â€Å"The Virginia Newspaper Project examines the news covering the sinking of R.M.S. Titanic†. R.M.S. Titanic: Ninety nine Years Later. 2009. Web. â€Å"Titanic Disaster Historical Documents Archiveâ€Å". Paperlessarchives.  1998. Web. This essay on Loss of RMS Titanic (1912): Significant Events of the 20th Century was written and submitted by user Avalanche to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Data Mining essays

Data Mining essays In today's information age, many businesses rely on customer information for survival. Data mining is a relatively new and very important tool in aquiring knowledge on thier customers, spending habbits, geograpphical trends, and more. "Data mining is an information extraction activity which has as its goal the discovery of hidden facts contained within databases." What this means is its automated procedures used to find unknown patterns in order to make likely predictions such as consumer spending habbits. Eric Brethenoux, a research director for advanced technologies at the Gartner Group, is one of many who believes that datamining is a technology in which a company cannot afford to ignored. With present day data mining capabalities, it is now possible to spot trends in data in information companies stored from the past, creating a competative advantage for the company with the most information. The power of datamining lies in the way it does not rely on narrow human queries t o produce results, but instead uses technology developed in the fields associated with Artificial Intelligence. Using artificial intelligence, datamining can produce useful inferences concerning data that human analysts would never see. Data Mining can be used by many companies to find new customers and repeat business to previous customers. As stated before, many businesses rely on this use of data mining for survival. This is very helpful when deciding strategic target marketing. Without it, many businesses may not have enough customers to run a profitable and successful operation. Identifying inefficient operations within the buiness is another use for data mining. The findings pertinant to efficiency can save a wastefull business enourmess amounts of capital. Finding and understanding what is inefficient can be considered the first step towards finding an efficient system or met ...

Fr Trd or Fir Trd Wht's th diffrnc Issus surrounding th WTO r mny nd Essay

Fr Trd or Fir Trd Wht's th diffrnc Issus surrounding th WTO r mny nd complx - Essay Example Undr CFT, mor thn 80% of U.S. consumr nd industril xports nd ovr hlf of U.S. frm xports to Cntrl mric would bcom duty-fr immditly. To ddrss unvn dvlopmnt nd trnsition issus, CFT spcifis ruls for lngthy triff phs-out schduls s wll s trnsitionl sfgurds nd triff rt quots (TRQs) for snsitiv goods. lthough mny goods would ttin immdit duty-fr trtmnt, othrs would hv triffs phsd out incrmntlly so tht duty-fr trtmnt is rchd in 5, 10, 15, or 20 yrs from th tim th grmnt tks ffct. Duty-fr trtmnt would b dlyd for th mor snsitiv products, nd in som css, th triff rductions would not bgin until 7 or 12 yrs into th grmnt. CFT is controvrsil nd fcs politicl uncrtinty. Supportrs hop tht CFT cn b prt of policy foundtion supportiv of both improvd intrrgionl trd nd long-trm socil, politicl, nd conomic dvlopmnt. Concrns rmin, howvr, ovr th ngtiv ffcts on crtin sctors nd mploys of th U.S. conomy, nd tht blncd outcom my b difficult to chiv if th FT fils to ccommodt sufficintly th djustmnt costs lso fcing crtin Cntrl mricn workrs, smll frmrs, nd othr groups. Th history som CFT countris hv of poor lbor rights nforcmnt riss qustions ovr whthr th lbor provisions will dqutly promot socil dvlopmnt. For ll CFT countris, th constntly incrsing US forign dirct invstmnt nd ccss to US tchnology combind with th incrsd duty fr ccss to th US mrkt rprsnt significnt bnfits. Morovr, th psychologicl ffct of th grmnt will ncourg mor ntrprnurship nd grtr job crtion in Cntrl mric nd th Dominicn Rpublic, which r ssntil to crting sustinbl dvlopmnt. Nvrthlss, CFT firms will fc strongr comptition from US firms undr th grmnt. Opponnts of CFT rgu tht only th wlthy lits of Cntrl mric nd th Dominicn Rpublic will bnfit from th grmnt, nd tht it will hv n unfvorbl impct on workrs, smll businsss, frmrs nd th nvironmnt. Thy furthr disdvntg of CFT tht th nt rsult of CFT will b n vn widr gp btwn th rich nd poor in ths dvloping countris. This disprity in conomic powr nd th rsulting conomic injustic hs bn th root cus of th politicl instbility tht hs inundtd ths countris historiclly. dding up ll trd bnfits, th Bush dministrtion rgud to Congrss tht CFT would offr support for strngthning dmocrcy in countris tht hv continuously struggld with stringnt intrnl politicl conflicts nd rgionl conflicts in th rcnt pst. To tk full dvntg of ths bnfits, nw World Bnk rport dviss countris to commnc complmntry invstmnts nd rforms to nhnc th grmnt's growth impct nd gurnt bnfits for ll. "Grtr trd opportunitis r ssntil to improving living stndrds in dvloping countris," sid World Bnk Prsidnt Pul Wolfowitz. Th grtr trd lvls will ris from th rmovl of virtully ll triff nd quot brrirs, consolidting th privilgd mrkt ccss Cntrl mric lrdy hs in U.S. mrkts through th Cribbn Bsin Inititiv. CFT should lso intnsify rgionl intgrtion mong th Cntrl mricn ntions thmslvs nd ncourg grtr lvls of forign invstmnt. It's importnt to rcogniz tht conomic growth is rsult of production, not consumption. Thus th logic of th "trd s forign id" rgumnt dictts tht CFT is intndd to promot th importtion of goods from Cntrl mric, rthr thn th xport of U.S. goods to th rgion. Th qustion wthr th Unitd Sttd of mric will bnfit from this multiltrl grmnt stys opn, but thr r som nsws tht cn bring you closr to undrstnding wht popl nticipt from this grmnt. Mny popl in th Unitd Stts r suspicious of fr trd grmnts. Thy r concrnd bout losing thir jobs bcus of imports

Sociology Research Proposal - Second part to Literature Review Essay

Sociology Research Proposal - Second part to Literature Review - Essay Example The American September 11, 2001 World Trade Centre tragedy was one of severe calamity which claimed many lives. The 9/11 event was followed by another act of terrorism on July 7 in London: A bombing in 2005 which claimed 56 lives. These two activities dominated much of media attention worldwide creating a linkage of a particular religious group in these two activities. The method by which media reporting of these terrorist activities is presented often portrays Islamic-based or Muslim groups in an unfavourable light, creating questions as to the credibility of reporting the events as being somewhat biased. Media reporting often fails to report terrorist activities with objectivity, leaving Australian citizens with a one-sided viewpoint regarding the Islamic faith as a whole, likely creating a level of unsubstantiated discrimination against this entire religious group. This proposed study is designed to examine the reporting methods and media portrayal of Islamic terrorist organizations which might be competently attributed to Australian social discrimination against Muslim individuals. It is proposed that this link can be established between media and Islamic discrimination through analysis of media content within the period followed by the September 11 and July 7 terrorist tragedies. The recent increase in global terrorist activities and the method by which terrorists have conducted many of their hostile activities have attracted attentions of individuals from media and society as a whole. Repetitive press linkage of one particular religious group has given rise to the interest behind this research. The aforementioned American and British tragedies have boosted the over-generalization of the Muslim community as a whole by the media worldwide. Even more specific, Australian media has taken an active interest in the portrayal of those in the Islamic faith as being generically linked to terrorist