Legal Writing

555 P. 2d 696 Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC. , Defendant-Appellant. No. 10847. Oct. 27, 1976. Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D. J. , reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J. , held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits. Reversed. Attorneys and Law Firms *576 **697 Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, for defendant-appellant. Gary J. Martone, J. Richard Baumgartner, Joseph Goldberg, Albuquerque, for plaintiff-appellee. OPINION SOSA, Justice. This case presents the issue of whether petitioner’s actions constituted misconduct so as to disqualify her from certain unemployment compensation benefits. On June 4, 1974, petitioner-appellee Zelma Mitchell was terminated for alleged misconduct from the Lovington Good Samaritan Center, Inc. On June 12, 1974, Mrs. Mitchell applied for unemployment compensation benefits. Finding that Mrs. Mitchell’s acts constituted misconduct, a deputy of the Unemployment Security Commission disqualified Mrs. Mitchell from seven weeks of benefits pursuant to s 59-9-6(B), N. M. S. A. 1953. On July 24, 1974, Mrs. Mitchell filed an appeal. The referee of the Appeal Tribunal reversed the deputy’s decision and reinstated these benefits to Mrs. Mitchell on August 28, 1974. On September 13, 1974, the Center appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N. M. S. A. 1953. The Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County pursuant to s 59-96(K), N. M. S. A. 1953. On January 16, 1976, the District Court reversed the Commission’s decision and ordered it to reinstate the benefits to Mrs. Mitchell. From the judgment of the District Court, the Center appeals. The issue before us is whether Mrs. Mitchell’s actions constituted misconduct under s 59-9-5(b), N. M. S. A. 1953. Mrs. Mitchell started work at the Center in Lovington on July 4, 1972 as a nurse’s aide. After approximately one year on the job in addition to her normal duties she also served as a relief medications nurse two days per week. On June 4, 1974, she was terminated. The testimony concerning the events leading up to her termination that day is somewhat contradictory but basically is the following. Mrs. Mitchell arrived punctually to work at three p. m. The director of the Center, Mr. Smith, questioned her about why she was already filling in her time card. Mrs. Mitchell answered that she filled in eight hours, which she would work that day as long as she did not ‘break a leg or die. ’ Mr. Smith replied, ‘Well, I’m not so sure about that. ’ Mrs. Mitchell then became defensive and stated that she had supported him when the Director of Nurses, Mrs. Mary Stroope, sought to have him fired as director. Mrs. Stroope, in the vicinity, overheard this comment, denied it, and called Mrs. Mitchell a liar. At various times during this exchange Mrs. Mitchell referred to Mr. Smith, Mrs. Stroope, and others as ‘birdbrains. This occurred in a crowded area where the Center’s employees were checking in and out, so Mr. Smith told both to go into his office. There, Mrs. Stroope apologized to Mrs. Mitchell for calling her a liar and Mrs. Mitchell apologized for saying that Mrs. Stroope had circulated a petition to replace Mr. Smith. However, tempers soon flared again and Mr. Smith resolved to fire Mrs. Mitchell. Mrs. Mitchell then demanded her check. Mr. Smith paid her for that day, a week’s vacation, and another week’s salary for being terminated, which he was not required to do since Mrs. Mitchell failed to give him two weeks’ notice. 577 **698 Appellee Mitchell argues that the events of June 4, 1974, do not constitute misconduct within the meaning of s 59-9-5(b), supra. Appellant Center argues that these events were the last of a series of acts of misconduct, and the ‘birdbrain’ incident should be considered the ‘last straw’ resulting in her termination. Mitchell counters that the prior acts of misconduct should not be considered. The alleged acts of prior misconduct are the following. On April 2, 1974, Mrs. Mitchell went to work at the Center out of uniform (she wore gold pants rather than navy blue). On that day the Federal Regulation Inspectors visited the Center. Mrs. Mitchell stated that she did not know that the federal inspectors would be there that particular day. The Director of Nurses reprimanded her and told her to go home and to change into the proper attire, which Mrs. Mitchell refused to do. The following day Mrs. Mitchell again came to work out of uniform but this time she was directed to go and did go home to change. On May 24, 1974, Mrs. Mitchell was switched from medications to the floor routine. Angered, Mrs. Mitchell refused to give medications, even though the charge nurse and Mrs. Stroope explained to her that the reason for the switch was that she was familiar with both jobs whereas the replacement nurse, Carol Skurlock, was unfamiliar with the floor routine. Mrs. Mitchell stated that she did not like being replaced by a ‘white’ nurse’s aide (Carol Skurlock). Mrs. Mitchell considered herself and Carol to be just ‘birdbrain against birdbrain,’ apparently because neither she nor Carol was a licensed nurse. From May 24 to June 4 Mrs. Mitchell refused to perform her duties as a relief medications aide. On May 15, 1974, and other days, Mrs. Mitchell sang while counting medications and was not very co-operative, which caused Betty Clarke, R. N. , to complain that Mrs. Mitchell’s actions were unethical and time-consuming. The term ‘misconduct’ is not defined in the Unemployment Compensation Law. The Wisconsin Supreme Court in Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N. W. 636, 640 (1941) examined the misconduct subsection of its unemployment compensation act, found no statutory definition of misconduct, and formulated the following definition: . . ‘misconduct’ . . . is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intenti onal and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute. We adopt this definition. Applying this definition of misconduct to the facts of the case before us, we hold that Mrs. Mitchell’s acts constituted misconduct. *578 **699 Mrs. Mitchell’s insubordination, improper attire, name calling, and other conduct evinced a wilful disregard of the interests of the Center. Although each separate incident may not have been sufficient in itself to constitute misconduct, taken in totality Mrs. Mitchell’s conduct deviated sufficiently to classify it as misconduct under the above test. Appellee’s argument that the ‘last straw’ doctrine should not be used is hereby rejected. The district court is reversed and the decision of the Commission is reinstated. McMANUS and EASLEY, JJ. , concur. 764 P. 2d 1316 Supreme Court of New Mexico. Billie J. RODMAN, Petitioner–Appellant, v. NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents– Appellees. No. 17721. Nov. 30, 1988. The District Court, Bernalillo County, Ross C. Sanchez, D. J. , upheld administrative decision denying unemployment compensation to claimant. Claimant appealed. The Supreme Court, Ransom, J. , held that incident precipitating claimant’s termination demonstrated willful disregard for her employer’s interests. Affirmed. Stowers, J. , specially concurred and filed opinion. Attorneys and Law Firms **1317 *759 Juan A. Gonzalez, Legal Aid Society of Albuquerque, Inc. , Albuquerque, for petitioner-appellant. Connie Reischman, New Mexico Employment Sec. Dept. , Albuquerque, for respondents-appellees. OPINION RANSOM, Justice. An administrative decision of the New Mexico Employment Security Department denying unemployment compensation to Billie J. Rodman was reviewed on certiorari by the district court. Rodman now appeals to this Court from the order of the district court affirming the administrative decision. Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a â€Å"third corrective action† notice. Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work. At issue is whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51–1–7 of the Unemployment Compensation Law. The Department reasonably summarizes the substantial evidence as follows: Rodman was reprimanded in June of 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. The formal reprimand set forth conditions to prevent further corrective action. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinner time, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. Nevertheless, according to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, â€Å"[A]gain we talked about the visits, the behavior at the desk. When it got pretty bad with the phone calls, Billie would slam charts, push chairs and be a little abrupt with the people she worked with. † Another written reprimand in November of 1986 warned Rodman that her job was in jeopardy if the disruptive behavior continued. The supervisor established restrictions prohibiting the claimant from having visitors at the department and instructed her to notify security if there was a potential problem. On February 15, 1987, Rodman began work at 1:00 o’clock in the afternoon. She had spoken to her boyfriend’s mother earlier in the day to tell her that she did not want him to use her car as she had broken off their relationship. The boyfriend’s mother called her at work and told her the boyfriend had her car keys. Rodman told the mother to have the boyfriend call her at work. When he did, she informed him that she could not talk to him at her duty station, and he hung up on her. He called her back and left a number where he could be reached. She left the work area and went to the break room to call him. After returning to her duty station, Rodman got another telephone call from her boyfriend who told her to go downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she did not come down he would come up to her department. Claimant eft the department to confront her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a co-worker, a registered nurse, that she was leaving. Rodman testified, â€Å"I didn’t want any kind of confrontation at the desk, so I went downstairs. † Before she left her desk, Rodman called the employer’s security guard and asked him to meet her in the lobby because she anticipated that a problem could develop. When Rodman got to the l obby, her boyfriend started yelling and forced her outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to return the keys, but the boyfriend jumped into the driver’s seat, locked the doors and drove off. About thirty-five minutes later, Rodman returned to her work station, after having changed her torn shirt. She resumed working, but, as the shift progressed, more telephone calls were received for her in the department. The supervisor became frustrated with the volume of calls and the behavior of Rodman. It was determined that Rodman should be sent home. Thereafter she was terminated. The Appeals Tribunal of the Department of Employment Security found on the basis of the evidence that the appellant had proven unwilling to restrict her personal contacts while at work, as requested by her employer. The hearing officer dismissed as without **1319 *761 merit Rodman’s contention that she could not stop her acquaintances from calling or visiting her at work. The hearing officer concluded that Ms. Rodman’s behavior was unreasonable, had caused many problems for her work section, and constituted misconduct connected with work under Section 51–1–7(B). The Meaning of â€Å"Misconduct† in New Mexico’s Unemployment Compensation Law. Given the remedial purpose of the Unemployment Compensation Law, New Mexico courts, like most jurisdictions, interpret the provisions of the law liberally, to provide sustenance to those who are unemployed through no fault of their own, and who are willing to work if given the opportunity. Wilson v. Employment Sec. Comm’n, 74 N. M. 3, 14, 389 P. 2d 855, 862–63 (1963); Parsons v. Employment Security Comm’n, 71 N. M. 405, 409, 379 P. 2d 57, 60 (1963). Like most states, New Mexico also provides that an employee who is determined to have been discharged for â€Å"misconduct† is ineligible for unemployment compensation benefits. 51–1–7(B). Two purposes are served by this statutory bar: first, it prevents the dissipation of funds for other workers; second, it denies benefits to those who bring about their own unemployment by conducting themselves with such callousness, and deliberate or wanton misbehavior that they have given up any reasonable expe ctation of receiving unemployment benefits. Given the remedial purpose of the statute, and the rule of statutory construction that its provisions are to be interpreted liberally, the statutory term â€Å"misconduct† should not be given too broad a definition. Accordingly, in adopting the majority definition of the term, this Court wrote in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability * * *. M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Where an employee has not acted with the requisite degree of â€Å"fault† under Mitchell, he or she has not sacrificed a reasonable expectati on in continued financial security such as may be afforded by accrued unemployment compensation benefits. It is therefore possible for an employee to have been properly discharged without having acted with such willful or wanton disregard for an employer’s interests as would justify denial of benefits. This Court recognized in Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 689 P. 2d 286 (1984), that even an act of willful disobedience which leads to termination will not always rise to the level of â€Å"misconduct† when the act is an isolated incident in an otherwise favorable employment history and the incident does not cause a significant disruption of the employer’s legitimate interests. Trujillo v. Employment Sec. Dep’t, 105 N. M. 467, 472, 734 P. 2d 245, 250 (Ct. App. 1987) (where employment contract gave employer the right to draft employees to work overtime in emergency situations significantly affecting the employer’s interests, it was â€Å"misconduct† for appellees to have refused to report for overtime work). Alonzo and Trujillo demonstrate that there are two components to the concept of misconduct sufficient to justify denial of benefits. One is the notion that the employee has acted with willful or wanton disregard for the employer’s interests; the other is that this act significantly infringed on legitimate employer expectations. *1320 *762 Totality of circumstances and the â€Å"last straw† doctrine. Often, the courts have been confronted with a series of minor infractions by the employee, where each incident showed a willful disregard of the employer’s interests, but no single incident was serious enough to justify denial of benefits. In su ch cases, courts have applied a â€Å"totality of circumstances† or â€Å"last straw† test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc. 89 N. M. 575, 555 P. 2d 696 (1976). Rodman recognizes the â€Å"last straw† doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the â€Å"last straw† which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final incident. The Department contends that it is immaterial whether the precipitating act was a willful or intentional violation of the employer’s rules, where the record indicates that the claimant had a history of previous acts which demonstrate a willful or wanton disregard for the employer’s interests, and the employer discharged the employee for the accumulation of events, including the precipitating event. Fort Myers Pump & Supply v. Florida Dep’t of Labor, 373 So. 2d 429 (Fla. Dist. Ct. App. 1979). Although Fort Myers does offer support for the appellee’s position, we believe termination for a series of incidents which, taken together, may constitute â€Å"misconduct† is distinguishable from termination for a single incident following one or more corrective action notices. In the latter event, as here, we hold that the â€Å"last straw† must demonstrate a willful or wanton disregard for the employer’s interests for unemployment benefits to be denied. If substantial evidence existed that Rodman’s conduct on February 15, considered in light of the totality of ircumstances including her previous history of personal phone calls and unauthorized visitors, showed a willful or wanton disregard for her employer’s interests, then Rodman’s benefits were properly denied. Although the evidence in this case is amenable to more than one reasonable interpretation, we conclude that there was a substantial basis for the district court to decide t hat Rodman’s actions on February 15, when considered in light of the restrictions which had been placed upon her and her previous failure to comply with those restrictions, demonstrated a willful disregard for her employer’s interests. Therefore, the decision of the district court is affirmed. IT IS SO ORDERED. WALTERS, J. , concurs. STOWERS, J. , specially concurs. 769 P. 2d 88 Supreme Court of New Mexico. In re Claim of Lucy APODACA. IT’S BURGER TIME, INC. , Petitioner–Appellee, v. NEW MEXICO DEPARTMENT OF LABOR EMPLOYMENT SECURITY DEPARTMENT, BOARD OF REVIEW and Lucy Apodaca, Respondents–Appellants. No. 17952. Feb. 22, 1989. Employer filed writ of certiorari to challenge Employment Security Department’s award of unemployment compensation to fast-food restaurant employee who refused to retint her purple hair. The District Court, Dona Ana County, Lalo Garza, D. J. reversed award of benefits. Employee appealed. The Supreme Court, Ransom, J. , held that evidence supported Department’s award of benefits. Reversed and remanded. Attorneys and Law Firms **89 *176 Jose R. Coronado, Southern New Mexico Legal Services, Inc. , Las Cruces, Connie Reischman, New Mexico Dept. of Labor, Albuqu erque, for respondents-appellants. Kelly P. Albers, Lloyd O. Bates, Jr. , Las Cruces, for petitioner-appellee. OPINION RANSOM, Justice. A determination by the Board of Review of the New Mexico Employment Security Department awarding unemployment compensation to Lucy Apodaca was reversed by the district court on certiorari. Apodaca appeals the district court decision, arguing that the court erred in finding the administrative determination was unsupported by substantial evidence and was contrary to law. We conclude substantial evidence supports the Board of Review decision that the conduct leading to Apodaca’s termination did not constitute misconduct warranting denial of unemployment compensation under Section 51–1–7(B) of the Unemployment Compensation Law. Accordingly, we reverse the district court. Apodaca was employed as a counter helper from August 1986 to August 1987 with It’s Burger Time, Inc. Apodaca’s supervisors had no complaints concerning the performance of her work. Several times during the summer of 1987, Apodaca approached the store manager, John Pena, to ask how the owner, Kevin McGrath, would react if she were to dye her hair purple. Pena did not at first take the question seriously. When Apodaca persisted, Pena told her that he would have to ask McGrath. Apparently, he never did so. After several weeks, Apodaca went ahead and dyed her hair. McGrath saw Apodaca’s tinted hair for the first time at work two days later. He instructed Pena to give Apodaca a week to decide whether she wanted to retain her new hair color or her job. In a letter to the Board of Review, McGrath wrote that he had a good sense for community standards and believed he could not afford to wait until â€Å"this incident [took] it’s [sic] toll on my business. † Apodaca had signed the company handbook upon being hired, which instructed employees about acceptable hygiene and appearance. The handbook said nothing specific about hair color. Pena relayed McGrath’s message to Apodaca and suggested she make up her mind quickly so he could find someone to replace her if necessary. Two days later, Apodaca told Pena she had decided to keep her hair the way it was. She was then terminated and applied for unemployment benefits. The Department initially determined that Apodaca was ineligible for compensation because she had been terminated â€Å"for refusing to conform to the standards of personal grooming compatible with the * * * work [she was] performing. † The claims officer concluded this constituted misconduct under Section 51–1–7(B). Apodaca appealed to the Appeals Tribunal, which affirmed the denial of her benefits after a hearing. She appealed the Tribunal’s decision **90 *177 to the Department’s Board of Review. After reviewing the record of the hearing, the Board concluded that the employer failed to show how the color of Apodaca’s hair affected its business; therefore, her refusal to return her hair to its original color did not rise to the level of â€Å"misconduct† required for denial of her benefits. For review of the Board’s decision, the employer filed a writ of certiorari with the Dona Ana County District Court. The district court determined Burger Time’s request to Apodaca to change the color of her air was reasonable and enforceable and Apodaca’s refusal of that request was misconduct. The court concluded that the Board of Review’s decision was not supported by substantial evidence and was contrary to the law and reversed the decision granting Apodaca her benefits. This appeal followed. In reviewing the district court decision, we look first to see whether the court erred in concluding that the Department’s decision was unsupported by substantial evidence. Because we conclude that the court erred in this determination, it is unnecessary for us to examine the findings and conclusions adopted by the court. Misconduct and the employer’s interest. Both Apodaca and Burger Time agree that the definition of â€Å"misconduct† as used in Section 51–1–7(B) is to be found in this Court’s opinion in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability. * * [M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Apodaca d oes not deny that her refusal to redye her hair was an intentional and deliberate act. At issue in this case is whether an employee who refuses to alter her personal appearance in conformity with the employer’s personal beliefs about acceptable community standards has engaged in misconduct. The employer argues, and the district court apparently agreed, that so long as the request is reasonable and the employee is given adequate time to comply, refusal amounts to â€Å"insubordination and misconduct. † We disagree. In Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 772, 689 P. 2d 286, 288 (1984), we recognized that termination for an isolated incident which does not â€Å"significantly affect[ ] the employer’s business† may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P. 2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N. M. 467, 471–72, 734 P. 2d 245, 249–50 (Ct. App. 987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Hum an Resources Dev. , 32 Cal. App. 3d 180, 107 Cal. Rptr. 92 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf. Lattanzio v. Unemployment Comp. Bd. of Rev. , 461 Pa. 392, 336 A. 2d 595 (1975) (claimant’s refusal to report back to work was for good cause when employer demanded he shave beard but no evidence supported contention that requested alteration in appearance was essential to performance of duties other than employer’s vague assertion that claimant’s â€Å"modish† appearance might reflect unfavorably on business). In this case, there is absolutely no evidence that the color of Apodaca’s hair significantly affected Burger Time’s business. McGrath and Pena both testified they received no customer complaints regarding the color of Apodaca’s hair. Apodaca’s immediate supervisor, testifying in her behalf, reported that the only comments she heard were compliments and that Burger Time’s customers had readily registered complaints in the past when they found something amiss. Under these circumstances, the Board of Review could properly decide that Apodaca’s refusal to retint her hair did not rise to the level of misconduct. Burger Time argues that none of our previous cases require an employer to demonstrate its business was affected by an employee’s refusal to comply with a request from the employer. However, it is well established in New Mexico that the party seeking to establish the existence of a fact bears the burden of proof. See Newcum v. Lawson, 101 N. M. 48, 684 P. 2d 534 (Ct. App. 1984); Carter v. Burn Constr. Co. , 85 N. M. 27, 508 P. 2d 1324 (Ct. App. ), cert. denied, 85 N. M. 5, 508 P. 2d 1302 (1973); Wallace v. Wanek, 81 N. M. 478, 468 P. 2d 879 (Ct. App. 1970); cf. Moya v. Employment Sec. Comm’n, 80 N. M. 39, 450 P. 2d 925 (1969) (when claimant sought to establish that he ought not be disqualified from receiving benefits because the position for which he refused to interview was not suitable employment, he bore burden of proof on this issue). In this case, pursuant to Department regulations requiring an employer to report why a claimant was fired or have that claimant’s benefits charged against the employer’s account, Burger Time submitted a letter stating that Apodaca refused to comply with company grooming standards. At each subsequent stage of the administrative process and before the district court, Burger Time sought to establish that Apodaca was terminated for misconduct. It therefore fell upon Burger Time to show that Apodaca’s refusal to change the color of her hair amounted to misconduct under the standard considered in Alonzo and Trujillo. This, Burger Time failed to do and thus failed to meet its burden of proof. Moreover, Apodaca presented uncontroverted testimony that no customers complained, and some complimented her for her hair. We do not question Burger Time’s right to establish a grooming code for its employees, to revise its rules in **92 *179 response to unanticipated situations, and to make its hiring and firing decisions in conformity with this policy. However, as we noted in Rodman, â€Å"It is * * * possible for an employee to have been properly discharged without having acted [in a manner] as would justify denial of benefits. † 107 N. M. at 761, 764 P. 2d at 1319. 2 Definition of misconduct and the right to terminate. Although not directly presented on appeal in this case, we note that in their decision letters both the Appeals Tribunal and the Board of Review used the following definition: â€Å"The term ‘misconduct’ connotes a material breach of the contract of employment or conduct reflecting a willful disregard of the employer’s best interests. (Emphasis added. ) We rejected this definition in Rodman, 107 N. M. at 763, 764 P. 2d at 1321, as inconsistent with the Mitchell standard requiring a willful or wanton disregard of the employer’s interests. The use of the term â€Å"or† implies that any breach of the employment contract sufficient to warrant discharge of the employee serves as adequate grounds for denial of benefits, whether or not the employee acted in a willful or wanton manner. Where an employee has not acted with the requisite degree of ‘fault’ under Mitchell, he or she has not sacrificed a reasonable expectation in continued financial security such as may be afforded by accrued unemployment compensation benefits. † Id. at 761, 764 P. 2d at 1319. The decision of the trial court is reversed, and this case is remanded for entry of judgment consistent with the decision of the Board of Review. IT IS SO ORDERED.

Comic elements in the first act of “much ado about nothing”

In the era in which â€Å"much ado about nothing† was set the wealth and power of someone was far more credible than their personality and this is portrayed in the first few lines of the play when Leonato asks â€Å"how many gentleman have you lost in this action† and the messenger replies â€Å"but few of any sort, and none of name† he segregates the wealthy from the poor as though they are two different beings and doesn’t tell us how many lower class people died as if it is irrelevant. Vanity and hypocrisy are prominent themes that occur throughout the play, in the times of â€Å"much ado about nothing† the people were so focused on how they looked towards other people that their extravagant clothes, over the top mannerisms and the contrast in language in comparison to modern day were all somewhat outrageous and in turn humorous. Don John, the typical villain, only says one thing in act 1 scene 1 â€Å"I thank you, I am not of many words, But I thank you† this is quite a disappointing first line, the audience expects him to stamp his authority on the play but instead he stays relatively quiet, it Is an anti-climax with no climax accept the anticipation of how he will be portrayed in the play. The main comical relationship in this play is between Beatrice and Benedick and they also feature hugely in act 1scene 1. Beatrice first speaks of Benedick when she refers to him as â€Å"Signor Mountanto† which basically means ladies’ man; this is the first bit of intentional comedy in the whole play, you could argue its sarcasm or the mocking of his inability to bed down a relationship, which is ironic because Beatrice is in pretty much the same situation as Benedick. As a result of Beatrices complex humour the messenger gets somewhat confused â€Å"I know none of that name, lady, there was none such in the army of any sort† this is humorous at the messenger’s expense because of his confusion, an audience tends to like it when they are in the know and the people on stage are somewhat lost. Beatrice’s constant insulting almost seems uncontrollable, with everything she says comes some sort of insult towards Benedick. Benedick is extremely against marriage, because of the possibility of an unfaithful wife, and in lines 145 to 147 this becomes very evident, saying married men whose wives whom are unfaithful should wear caps â€Å"Is’t come to this? In faith, hath not the world one man, but he will wear his cap with suspicion?† Although Beatrice and Benedick argue every time they see each other, it can’t go unnoticed that Benedick is all Beatrice talks about, which makes it so painstakingly obvious that they will get married, it’s funny, it is also Dramatic irony because the audience know what is going to happen and Beatrice and Benedick don’t.

Early Modern Athens and Early Travellers to Greece Essay

Early Modern Athens and Early Travellers to Greece - Essay Example Since its formation in the Mycenaean Period, there have been several different civilizations that have brought new changes and new eras to the Athenian and Greek society as a whole. Each new era ushered in important societal changes that brought differing levels of modernization to the city as Greece continued to grow in importance throughout Europe and eastern civilizations. Though unified under a single ruler for many centuries, Greece not once in its long history ever unite all of its city-states to form what we now recognize as a nation until modern times (Wilson). In ancient Greece, each city-state was placed under a ruler as a territory who was governed by the emperor or king with no other unity among them. The people could relate to one another through their culture. For example, they all spoke the same language and worshipped the same gods, though they did not recognize themselves as belonging to the same union (Constantine). The ideals of a united Greek society began under t he rule of Phillip of Macedon and ended when the empire was pulled apart after the death of his son, Alexander, in 323 B.C. The Hellenic ideal of a united empire began in 338 B.C. with the Battle of Chaeronea, where Athens fell to the invading Macedonian king, Phillip (Constantine). It was after this battle that the city-states, most notably including Athens, lost their independence, eventually leading toward the unification of the Greek territories. This marked an important milestone in Greek history as Phillip of Macedon defeated the Persians, thus freeing the Greek people from slavery. Phillip ushered in the Classical Age of Greece, a time marked both by war and significant literary and cultural advances to the Greek society. His ideals of a Hellenic Greece were spread by his son, Alexander the Great, who took the throne in 336 B.C. Phillip also brought with him a new ruling class of Greeks, the Macedonians (Martin). The strength of their armies and their immense wealth set the Macedonians apart from the other Greek races. Their superiority in education and military expertise set the stage for the con quests of Alexander the Great. Alexander and his armies spread the ideals of a united Greek empire as they set out and conquered the Persians, India, and parts of Asia within a seven year period. The young ruler's goal was to spread the Greek empire to the sea, believing that in reaching the ocean he would reach the edge of the world. In each conquered land, Alexander set up new Greek cities, promoting them as centers of culture and civilization. He spread the Greek language into Asia, making it the predominant language of trade at the time. During the rule of Alexander, Athens lost its place as a dominant city in the empire (Martin). Alexander's new cultural cities were designed to enhance the education of the people, particularly in the sciences, as well as to end the Macedonian racial views of the supposed barbarians who occupied the lands to the east. The growing importance of these new cities as cultural centers left Athens obsolete in the new empire. The city still retained its importance as a wealthy learni ng center. Alexander passed away suddenly in 323 B.C. before his dream was realized. The true beginning of the Hellenic period in Greek history is marked with the

New Zealand Milk Powder problem Essay Example | Topics and Well Written Essays - 1250 words

New Zealand Milk Powder problem - Essay Example The paper discusses food security and sovereignty in New Zealand. I choose New Zealand because it has experienced various instances of food insecurity especially from the dairy sector. There have existed several instances of hunger and malnourishment in New Zealand. The paper looks into the causes of food insecurity in New Zealand and discusses the political, social and economic issues related to food insecurity. The major issue considered by the paper is the problem faced by milk powder production in New Zealand, having been the largest country in milk powder export. This country is suited in the Southwest Pacific Ocean and constitutes three major islands; Stewart, North and South Islands. It constitute of about half a million of Maori (The People) together with two million Pakeha (New Zealand European) in the north, and about 800,000 Pakeha in the south. The group is culturally a subdivision between the English and Scottish. The population recorded in 1996 was 3,681, 546 people with the North Island having 2,749, 980 and South island constituting about 931, 566 people. The urban dwellers were approximated to occupy about 85% with the city of Auckland constituting about 1 million people (Finfer et al 2004: 589). The European origin provided about 80% of the population majorly from Poland, Germany, UK, Australia and Sweden; with 14.5 stating to be from Maori decent and Pacific islanders forming the remaining. The country is under the British Commonwealth, and the head of the government is the governor general. The country is under the House of Re presentatives with 120 members and six parties. The country is no longer seen as a welfare state with all people in the same classes. Three are evidence of ethnic poverty in the areas with slums around large cities with large numbers occupied by the Maori. The country has a society that is well organized when it comes

Antitrust Article Example | Topics and Well Written Essays - 750 words

Antitrust - Article Example Clearly, these companies were going against the law (Burns, 1958). There are however wealthy and have great financial power that gave them the strength to challenge court rulings and could hire highly qualified and expensive lawyers. The companies, namely Google, Apple, Adobe and Intel requested the appeals court to nullify Judge Koh’s ruling. Their financial power would surely influence the appeals court to act in their favor. Judge Koh’s argument was that the settlement as desired by the four companies was way to low due to the antitrust law, and that the plaintiff’s lawyers just did not do their job keenly and aggressively. She was quite thorough in her review of the antitrust settlement issue. Similarly, there was another case involving domestic airlines. This industry is characterized by great competition, especially in areas where air traffic is highly valued due to needs such as urgent business, transportation of perishable goods and availability of 24hour economies. Some airlines, especially the upcoming ones, tend to lower their air fares and increase their flights to hundreds of destinations so as to attract more clients. This creates competition against the well-established airlines that have a large number of customers and still charge highly for their flights. The Persian Gulf Airlines with the pacts called open skies agreement have been under attack by unions as well as other alliances of domestic airlines. Some even forget their business differences and enmity to come together and form collisions against a single competitor. This tussle can be seen in the case where the American Airlines, Delta and the United Airlines joined forces and lobbied the Obama Adminis tration to restrict access by the fast growing Emirates, Etihad Airlines and Qatar Airways. They argued that this Middle East carriers received a lot of government subsidies. As

French Revolution Essay Example | Topics and Well Written Essays - 1000 words

French Revolution - Essay Example External threats propelled the revolution profoundly. This made the French revolution become the most important event in modern history as it was more radical than either the Dutch or American Revolutions. This greatly affected the 19th century Europe and sparked a series of revolutions rallied that rallied behind nationalism and liberalism. The august 1789 saw the abolition of the feudal privileges that swept the entire property ownership system of feudalism and serfdom. The French philosopher; Rousseau Montesque wakened the people against the injustice the faced and inspired them to revolt. Most events happened during the revolution. This began with redefining the National Assembly from 1789-1791. Other great principles include the declaration of human rights, fraternity and equality. This was culminated by imprisonment of both king and queen, and their eventual assassination. The revolution overthrew corrupt and despotic rule allowing for moderate thoughts take over from orthodox. The feudalism and unlimited monarchy were overthrown. This reflected the powerlessness of the king and saluted the supremacy of the people who are ruled by the royal family (Frey and Marsha 32). The fall of Bastille propelled enthusiasm among people, with revolution spreading far and wide. The revolutionists targeted the feudal and burnt their records. The fourth August saw summoning of all feudal, where most of them shifted to the side of the revolutionists. Mot resolutions were on 4th August, before midnight, during which feudalism was destroyed. However, the king was unaware, but his brother tried to counter the revolution who attempted to insult the national flag. This triggered people to arrest the king and queen and took them to Paris under house arrest in Tulriz. Therefore, the revolution in 1789 required the establishment of equality among the property owners and abolishing of the privileges accorded to the nobles only. This propelled establishment of a constitutional government to control the property owners. Also, the revolution saw the abolishing of internal custom duties and promoted the establishment of a national market. The revolution encouraged abolishment of guild and restrictions on the government for entry into certain trade. This also ended the feudal tithes and dues levied on the agricultural property (Frey and Marsha 32). The declaration of human rights took place on 12th August 1789 and advocated for human rights and liberty. This advocated for freedom of speech and right to be protected. They acknowledged that the only king was God. They abolished inequality and promoted equality by abolishing all the rights of feudal and clergies, and very person had the right to work in any government or public sector. People were allowed right to vote where all people were equal before the law. This also aimed at preparing the laws concerning the welfare where people were supposed to participate either directly or indirectly. This restricted any unwarranted arrests. The revolution also saw the establishment of right to property. In this case, each person had the right to self protection and opposition to injustice. Land was to be distributed among the poor with equality production portion enhanced. This was mostly influenced by the American declaration of Human Rights. This marked the beginning of democratic public welfare system. Changes in clergy Under the established new government, the power of Roman Catholic Church was lessened. For instance, the powers of the

Urban Problems in Texas Essay Example | Topics and Well Written Essays - 1250 words

Urban Problems in Texas - Essay Example Issues such as crime and overcrowding plague Dallas, Austin and San Antonio just as much as they are likely to plague cities like Chicago, Los Angeles and Detroit. However, Texas also faces some urban problems that remain unique to the state because they are largely the result of the speed with which the state developed these areas as compared with the (sometimes) centuries that other cities in the United States have had. Between the 1970s and the early 1980s, cities in Texas were recording record rates of growth in population (Texas, 2007). This was due to the influx of new residents from other states in the union who were seeking the sun and had heard about the low property taxes. This large influx of people provided an abundant and constantly increasing labor force which further helped to attract new businesses. In addition, Texas as a state generally held numerous pro-business traditions such as a notoriously low number of available labor unions, an already high and increasing la bor force, low taxes for businesses, a close proximity to numerous natural resources and a proliferation of city governments that were favorable to growth and development, frequently offering even more incentives for businesses to move to their area. As a result of this boom, though, the urban areas of Texas are now experiencing a general decline that seems unlikely to be curtailed in the near future. This decline is the result of an aging population, urban sprawl to the suburbs with the result of greater poverty within city limits, disintegrating infrastructure, increased crime rates and mandates to meet with increasing federal and state requirements while federal aid hits an all-time low and low state taxes have precluded any ability to overcome these challenges. By the late 1980s, economic conditions in Texas cities had dramatically changed from the boom they saw in the previous decade including the aging, or graying, of the urban residents and subsequent loss of the

Anthropological linguistics Essay Example | Topics and Well Written Essays - 750 words

Anthropological linguistics - Essay Example Phonemes, Morphemes and Grammar Phoneme is considered to be the first building slab of language. These are the most fundamental unit of our speech; an individual sound. Phoneme is the common feature of all languages. English uses around forty phonemes. They can have further distinctive classifications and features like voiced or unvoiced components. Phonemes are so fundamental that they do not convey any meaning until put together. (Kendon, 2000) Morpheme is the second building slab of language. A morpheme, as defined by linguists, is the smallest meaningful unit of language, produced from an arrangement of phonemes. As far as their further classifications are concerned, morphemes are of two types, the first ones are content morphemes and the second ones are function morphemes. The basic meanings of a word are held by content morphemes while prefixes and suffixes work as function morphemes. The main characteristic of function morphemes is this that they add a little additional meanin g to the word. Grammar is considered to be the last and final building slab of language. According to grammarians, grammar is the collection of set rules of language that stipulate how phonemes, morphemes, phrases and words should be arranged and combined to communicate meaningful thoughts. Besides this, grammar also governs how to employ different classes of words and their inflections. Grammar is a combination of two ingredients; syntax and semantics. (Kendon, 2000) Syntax is the set of grammatical rules that state in what order the words and phrases should be arranged in a sentence in order to convey meaning. In human life development, by the time one is proficient to read, his or her syntactical perceptive sense is exceedingly developed. Furthermore, this makes it sound like even sentences that are composed or based on of unfit or apparently odd words make sense because they follows appropriate syntax. Syntax and syntactical rules are different and diverse in every language. (Ke ndon, 2000) For example, English speaking people place adjectives prior to nouns while many other languages place the adjective after the noun. Another important field of linguistics is semantics. Semantics are the meaning itself or study of meaning derived from morphemes, words and sentences. Semantics depend upon a variety of relevant factors such as word choice, context and whether the speaker’s intent is figurative or literal. All these are building slabs of human language and are integral part of all human languages in anthropological linguistics. Without these building slabs humans, speaking any language of the world, would not be able to converse with each other. These are the core rules and units of speech which are all significant components to help convey our opinions, thoughts, ideas, feelings and personal experiences through language. Non Verbal Communication Non-verbal communication is used so often that we actually forget that we are using it. We do not realize how much we rely on non-verbal communication; the reason for this is due to the fact that most non-verbal communication transpires on a level that is below our conscious awareness. (Kendon, 2000) While many aspects of nonverbal communication are culturally specific, some, e.g. facial expressions and gestures, appear to have near universal levels of recognition. Non-verbal messages are also viewed as more authentic because behavior cannot be restricted as effortlessly as spoken words. (Kendon, 2000) Perhaps the most

Gaslan Essay Example | Topics and Well Written Essays - 2000 words

Gaslan - Essay Example Therefore, I see that Gasland will continue to bring more profits and jobs in the economy of China. I know the department is wondering about the safety of using coal in China. In regards to safety when using coal, am aware of migration of methane when coal is used for long as seen in places like Colorado, Ohio and Pennsylvania. Methane is a natural gas which migrates to aquifers when there is a combination of horizontal drilling and hydraulic fracturing. Therefore, there is a need to avoid driving down natural gas costs and pollution of environment by coal plants. The department should understand about the hydraulic fracturing or fracking. It is a method whereby the chemical fluid is added to earth to free natural gas trapped far underground. The fracking change is actually good news, because it helps in national security and boost the economy of the government. This is achieved since it reduces imports and creates more jobs in the economy and brings about new investment in China. Th e department confirmed that the critics given can be solved it the people take their time to understand that pollution is actually reduced because the amount of coal used in plants is reduced. This clearly shows that boost in fracking increases productivity. Any economist know that without energy China cannot grow economically, therefore, energy is a fundamental service for each and every day living. We know companies like Sinopec and Recon technology which boost the economy of China. Without fuel in the economy, it leads to poverty, although it has effect to the environment, the need of fuel is more important. Meeting the increasing requirements for energy in the entire world is hard to achieve. Therefore, there is a need for fracking even if it has environmental effects. Our choices have to weigh between environmental effects against the economic and social benefits of current supply availability. When fracking is adopted in China, the economy is transformed, it become self-suffic ient than when natural gas is used and could become the biggest exporter this will automatically boost the economy of China. Economists know that a big investment is made through fracking than renewable energy. Therefore, fracking should be encouraged. The shutdown of all fracking will drastically affect the domestic and international markets. In short the oil industry should increase its plans to increase oil production with hydraulic fracturing to increase oil recovery even if it’s threatening the communities’ air and drinking water. Economists should know that the process of hydrofracking is controversial gas and oil extraction methods develop in late 1940s to have access to fossil energy deposits which are inaccessible by drilling machines. The methods actually involve smashing of the rock with a lot of water with sand and a lot of chemicals so that to bring the gas into the surface. The process involve drilling of vertical well bores into the earth, via sediment l ayers, the water table and other rocks to reach oil and gas. (Ralph & Peter 2012) Drilling is done in a horizontally angled and smashed with a lot of water and fracking fluid, chemicals and sand to break the rock and shale. Small explosives are used to open up the bedrock and allow the gas and oil to be removed from the rock formations. Fracking has been there for decades and the process of doing it has been varying from deep fracking to other methods. In conclusion, economists should use fracking approach but try

Recommendation from IT department to CEO about SARS Virus-2013 Essay

Recommendation from IT department to CEO about SARS Virus-2013 - Essay Example ymptoms: Provided that SARS outbreak is confirmed, it is possible, regardless of whether a case is identified or not for the IT department to research from various medical databases the symptoms of SARS virus. This approach would ensure the company can conduct a diagnosis process to isolate the health stakeholders from the infected and to contain farther spreading of the virus (Berkman, 2007). b. Research on virus management: Since the virus is reported to have been detected, the IT department is responsible for researching virus management strategies to aid in the containment of the virus from spreading to healthy individuals (Berkman, 2007). c. Quarantine procedures and specifications: The IT department can play the role of researching and developing models of quarantine units within the organization to aid in isolating infected cases from uninfected ones. In addition, this process would ensure that no infected cases leave the premises without professional examination (Berkman, 2007). d. Developmental analysis for virus scan: The IT department in collaboration with medical professionals can research, design, and develop a program for scanning stakeholders of the virus to ensure new cases are not introduced into the premises and current sufferers do not elude quarantine (Berkman, 2007). Berkman, BE. (2007). Ethical and Legal Considerations in Mitigating Pandemic Disease: Strategies for Disease Containment. Accessed online on February 17, 2015 from

Golden Age of Poverty Reduction Essay Example for Free

Golden Age of Poverty Reduction Essay The presentation of the article related to poverty reduction does not seem too optimistic whether the global aim was actually achieved. Basically, the main argument is that poverty reduction provides only the rate of presented resolutions to alleviate the problem. However, the real figures of people under poverty are not really reflected. As time forwarded from the late 19th century up to the present, there was an actual development of social welfare services especially in the health care sector. This prompted world populations to increase and obtain extended life expectancies. But the issue of disparity between the rich and the poor was not really reduced but worsened. The main factor to blame is the capitalists’ attitude towards profitability. They fuel growth in economies but also become the catalyst for the social inequalities to expand. To summarize the main argument, general poverty incidences could have been reduced more if economic inequality had not worsened (The Free Library, 2006). References The Free Library. 2006. Todays golden age of poverty reduction: the story the World Bank and other agencies dont want you to know. International Economic Publications. Retrieved January 27, 2008 from http://www.thefreelibrary.com/Todays+golden+age+of+poverty+reduction:+the+story+the+world+bank+and+-a0146175404

Information systems Essay Example for Free

Information systems Essay None -Course objectives Information is perhaps the most important of all business resources, and the ability to manage it effectively on a global level is a essential organizational capability. Information systems are the tools that firms use to manage information, and it is critical for managers to understand how to use them. This course introduces you to key information systems concepts, issues and questions that will help you to accomplish this. The focus of the course is managerial little prior knowledge of  information systems is required, and you certainly won’t be doing any programming! It is assumed that you already possess the basic computer skills needed to use various office suite products (word processing, spreadsheet, e-mail, etc. ), or will acquire these skills independently of this course. The objective of the course is to provide a basic knowledge set that will allow you to understand the most common information systems issues that exist in today’s organizations, to ask critical questions, and participate in IT decision making. P a g e | 2 Organization of the Course Pedagogy  This course relies on a diversity of teaching media, including lectures, readings, and case discussions. Inclass discussions are important and quality class participation is expected from each student. It is your responsibility to read the appropriate material before class. Unless prior arrangements have been made with the instructor, no late assignments will be accepted. Assigned Reading There is a readings package for this course that contains required articles and cases. As well we have an open source text: John Gallaugher, â€Å"Information Systems: A Manager’s Guide to Harnessing Technology†, Flat World,Version1. 1, 2011. Go to this website to access the text: http://www. flatworldstudents. com/course? cid=453963bid=38086. You can read it online for free. If you pay $29 or thereabouts you can download an e-reader version or a pdf. A printed text is $40 and a color text is $60. We cover a large volume of material in this course. When preparing for class, you should review the overheads, carefully read the assigned articles and cases and try to identify what you believe are key points or issues. Always ask yourself the following question â€Å"As a manager, what issues does this raise for me? † Evaluation of Student Performance. The course grading scheme for Master’s level courses at Schulich uses a 9-value grade-point system. The possible course letter grades for a course (and the corresponding grade points awarded for each grade are: A+ 9 grade points A 8 A7 B+ 6 B 5 B4 C+ 3 C 2 C1 F 0 (Students are reminded that they must maintain a cumulative GPA of at least 4. 2 to remain in good standing and continue in the program, and a minimum of 4. 4 to qualify for their degree. Schulich grading guidelines mandate a section grade point average [‘GPA’] of between 4. 7 and 6. 1 for core courses and a section GPA of between 5. 2 and 6. 2 for electives. ) Where instructors use numerical or percentage grades, Schulich grading policy does not require a preset translation of percentages into specific letter grades P a g e | 3 Participation 20 % Individual Assignment 30 % Group Assignment 50% In class Five pages maximum, handed in at the beginning of session 4 Presentation 20%, session 6 Peer evaluation 5%, session 6 Final report 25%, No later than 1 day after final session Participation (20%) Good class participation by all class members is necessary in order to get the most out of the cases and readings. You are encouraged to take advantage of this gathering of your peers to improve your communication skills and obtain feedback on your views in a relatively low-risk environment. Attendance is not participation. Your attendance is expected for the full duration of the class. If you miss more than two classes, you have failed the course. If you feel that you have to miss a class or any part of a class please inform the instructor before the class so that you will not be called upon in class and so that the instructor can advise you on how to keep up with the rest of the class. I expect that you will: a) Be prepared for class. b) Be on time for class. c) Keep me informed. Do not suffer in silence. Let the instructor know if you are having problems. Let it be known if you cannot attend class. With only six sessions, you do not want to miss anything. d) Come to class with a readable name card. This is important for monitoring your participation. Identify all your work completely with student number and name. Both of these actions will help the instructor to get to know you as an individual. In-class participation will be graded on quality not quantity. Timely and regular attendance, comments and questions that demonstrate knowledge of the topic and intellectual acuity can enhance your participation grade. Be respectful of other’s desire to participate, so be brief and relevant. Individual assignment (30%) The course includes an individual assignment, worth 30%. The total length of the individual assignment is 5 pages maximum, including all materials, except an optional cover page, and a reference list (if required). I will provide details on this assignment in the first class. Group Assignment (50%) You will be placed into groups. Each group will be required to perform an analysis of a business problem that deals with IT issues. Details of the group assignment will be provided in session 1. The group assignment includes three deliverables: 1. Final Report Final report (25%) – each group will submit a final report due no later than 1 day following the final class session. The report will be no longer than 20 pages, including all components, except for a title page and references. The following sections are required: Executive Summary (1page only), Introduction, Summary, and Conclusions. Other sections are up to you P a g e | 4 2. Management presentation Management presentation (20%) – each group will deliver a 10 minute presentation during the final class session. No extra time will be allowed. Maximum 10 slides. Please provide me with a copy of the presentation slides the evening before the final class session by 6 p. m. at the latest. 3. Peer evaluation Peer evaluation (5%) – you will be asked to evaluate the performance of your fellow group members. I will hand out a form for this in week 6. Academic Honesty Academic honesty is fundamental to the integrity of university education and degree programs. The Schulich School will investigate and will act to enforce academic honesty policies where apparent violations occur. Students should familiarize themselves with York University’s policy on academic honesty. It is printed in full in your student handbook and can also viewed on-line on the Schulich website, clicking through as indicated: MBA/IMBA. Schulich website ‘Programs’ ‘Master’s Degree’ ‘Learn More’ ‘Academic Policy’ While academic dishonesty can take many forms, there are several forms of which students should be highly aware because they are the ones that are most likely to occur in the context of a specific course. [1] Plagiarism. Plagiarism is the presentation of information, ideas, or analysis generated by other people as being your own. It includes direct quotations as well a substantive paraphrases where the course of that information or idea is not clearly identified to the reader. Students should be careful to present their written work in a way that makes it completely clear in each and every cases where a quotation, a paraphrase, or an analysis is based on the work of other people. (This includes information from all sources, including websites. ) [2] Cheating. Cheating is an attempt to gain an unfair advantage in an evaluation. Examples of such violations include (but are not limited to) consulting prohibited materials during an examination or copying from another student. [3] Failure to follow limitations on collaborative work with other students in preparing academic assignments. Each class differs in the mix of assignments and group-versus-individual preparation that is allowed. The instructor will make clear the extent of collaboration among students that is acceptable among students on various pieces of assigned work. Students should abide by those limitations and, if they are unsure about whether a certain level or form of collaboration would be acceptable, to clarify that question with the instructor in advance. [4] Aiding and abetting. A student is guilty of violating academic honesty expectations if he/she acts in a way that enables another student to engage in academic dishonesty. If a student knows (or should reasonably expect) that an action would enable another student to cheat or plagiarize, that student’s action constitutes an academic honesty violation. Illustrative examples include making your exam paper easily visible to others in the same exam or providing your own working or finished documents for an ‘individual assignment’ to another student (even if that other student said that he/she just wanted to ‘get an idea of how to approach the assignment’ or ‘to check whether they had done theirs correctly’). [5] Use of academic work in more than one course. Generally, academic work done for every course is ‘new’ work, done for that course only. If a student wishes to use some or all of the academic work done for an assigned task in one course in another course, the student must get explicit, prior permission from both instructors so that they agree that the scope and nature of the overlapping use of that work is such that it can fairly be counted toward both courses. P a g e | 5 Schedule of Topics and Readings The following list of lecture topics and readings indicate the material to be read, reviewed and/or prepared for the various class sessions. If any changes in this schedule become necessary, notifications will be posted in the course CMD, and where such changes need to be announced between class sessions, an email will be sent to students’ Lotus Notes email accounts, notifying them of the change. Date Topic(s) Session 1 Key question: What is an information system and why is it Feb 27 important? IS Ch 1, Lecture: Introduction to management information systems and enterprise Ch 5 Ch technology management 10 Lecture: Technology fundamentals Reading: A conversation about information technology 1. In your experience, does this conversation ring true? 2. Why are many business managers frustrated with organizational IT? 3. Why are many IT managers frustrated with ‘the business side’? 4. What can be done to improve relations between the two sides? Activity: A group discussion of Open versus Closed systems models. Session 2 Key question: How can you use information systems to get the Mar 5 most out of organizations? IS Ch 11 Lecture: Organizational information systems Enterprise systems Case: Business Intelligence Software at SYSCO Activity: Information structures organizational effectiveness Session 3 How can you manage the balance between security and privacy, Mar 12 openness and access? IS Ch 6, Ch 12, Ch 13 Lecture: IS ethics, privacy, computer crime, and security Case: ChoicePoint (A) 1. What is your appraisal of ChoicePoint’s business model? 2. How legitimate are the concerns voiced by the industry critics? 3. In Derek Smith’s position, what internal changes, if any, would you make to address the issues discussed in the case? 4. In Derek Smith’s position, what would you recommend to the U. S. Congress regarding regulation of the personal data industry? Discussion: Information security vs privacy P a g e | 6 Session 4 Key question: How can you use information systems for a Mar 19 sustainable competitive advantage? IS Ch 2, Lecture: IS for competitive advantage IS Planning and project Ch 7 Ch management 8 Reading: Investing in the IT That Makes a Competitive Difference Case: MDCM Inc. 1. Could MDCM fulfill Horizon 2000 without a strong focus on transforming IT? Why or why not? 2. Define MDCM’s overall corporate strategy and business goals, and match these with the company’s high-level IT objectives. Present your findings in a report to the senior management team. *Individual assignment due Session 5 Mar 26 IS Ch 9 Ch 14 Key question: How to effectively manage information systems in a changing global environment? Lecture: IS development and Global IT outsourcing Reading: Outsourcing: From Cost Management to Innovation and Business Value Case: Future Vision Digital Services 1. As Blake Randolph, what would you do to deal with the immediate problem? 2. Does the blame reside with Gregoire for being difficult to manage, or with Randolph, for not being able to manage Gregoire? 3. Would you use Gregoire on another project? Why or why not? 4. If you answered yes to Q3, would you change the way you manage Gregoire? How? Session 6 Apr 2 Apr 3 Group presentations Final reports due.

Lucozade Marketing Strategy

Lucozade Marketing Strategy The aim of this report is to evaluate the marketing strategy of Lucozade in the United Kingdom. Lucozade is a successful company in the industry of energy and sports drink. The exploding growth in the energy and sports market means the needs of this kind of healthy food is increasing rapidly. It is becoming a popular food culture not only in the United Kingdom but also the whole world. This report uses marketing mix as a tool to analyse the marketing strategy used by Lucozade to understand how the company promote its products. After that, by analysising the market share and the performance, the brands position in competition is identified. Then, through comparing with Lucozades rival- Red Bull, strength and weakness are showed. SWOT analysis is used in this part. Next, the recommendations will be given to the company after the analysis to increase sales and expand market share. 1.Overview of Lucozade 1.1 History of Lucozade Lucozade is a sports energy drink. It was first launched in 1927 by a chemist in Ireland. At that time, its name was Glocozade till 1929, it was bought by Beechams rebranded into Lucozade .From 2000 to present, it is owned GlaxoSmithKline pls which also produces healthcare products such as vaccines. It extended the brand into Lucozade Sport, Lucozade Energy, and Lucozade Alert (Wikipedia, nd). 1.2 Lucozades Achievement Lucozade is the original energy drink as well as the category driver. The sales of Lucozade Energy was  £150 million in 2003 (Facebook, nd) and it went up to  £229.3 million in 2004 and 253.3 million in 2005(Nielsen, 2006). In 2010, Lucozade appears on the list of Top Britains 100 Biggest Brands, ranking the 9th (Nielsen, 2010). 2 2.1 Marketing Mix Brassington F. and Pettitt (2006, p.30) shows that marketing mix as the combination of the major tools of marketing was first developed by Borden in 1964,and the mnemonic 4ps describing those tools was coined by McCarthy(1960).They also points out that the marketing mix can help the company understand the nature of customers and their needs to act on the information, in order to develop and implement marketing activities that actually deliver something of value to the customer. 2.2 4Ps analysis of Lucozade 2.2.1 Product Lucozade is a glucose carbonated drink. The drink is a highly concentrated source of energy which is quickly assimilated into the bloodstream. It is easily digested (Banyard and Philip, 1999, p.70).The company always works hard on new product development since it is launched. Till 2010, it has four product lines: Lucozade, Lucozade Energy, Lucozade Sport and Lucozade Alert. Lucozade Energy: Being launched in 1929, Lucozade Energy is the original product and is designed to provide an energy boost. It provides glucose fuel for physically active people. It is available in the following 6 flavours: Original, Lemon, Orange, Apple, Cherry and Tropical (Facebook, nd). Lucozade Sport: Lucozade Sport was first launched in 1991 and was the UKs first isotonic sports drink.(Lucozade Website,nd) It is developed to meet the needs of athletes, football player and those sports lovers. It also launched Lucozade Sport Hydro Active: It is a new fitness water specially designed for exercisers and gym-goers(Facebook, nd). In 2010, Lucozade sport is attempting to extend its potential audience with the launch of a new low calorie sports drink called Lucozade Sport Lite, which contains 50 calories and already appeared  at the end of  March  in shops in UK(UK Marketing News Online,2010). Lucozade Alert: Lucozade Alert is designed to sharpen your mental performance, is low calorie 45 calories per bottle and has a great refreshing lemon flavour. It contains caffeine to help improve Focus, Alertness and Concentration. (Facebook, nd) 2.2.2 Price Being a historical company, Lucozade has gained more experiences on how to reduce the cost of producing, hence, it is cheaper, compared with Red Bull. Price/Bottle Price/100ml Lucozade  £0.78~1.30 10.0p~20.5p Red Bull  £1.35~2.02 38.9p~54.0p 2.2.3 Promotion For Lucozade, the recipe to success is science and product promotion. advertising and sponsorship Lucozade is very good at using advertising and sponsorship as tools for promotion. On one hand, in terms of ad campaign, their advertisements on TV always keep pace with their changing target market. To illustrate, it was used to boost ill or sick childrens energy at first and their target market was mothers, hence, its first advertisement in 1960 was about a mall boy who was recovering from being ill and he drunk the Lucozade with his mother (Coursework, 2004).Nextà ¯Ã‚ ¼Ã…’the company aimed at athletes and sports lover, therefore, the Olympic decathlon champion, Daley Thompson showed in the TV advertisement .In 2001,Lucozade wanted to target at new market segments which is teenagers, the company used Lara Croft who is a character in the famous video games called Tomb Raider to attract teenagers and children since they all love the video games(Coursework,2004).On the other hand, the company also sponsor famous player and teams. For exampleà ¯Ã‚ ¼Ã…’David Jobber and John Fahy(2 009:236) points out that sponsorship of athletics by Smithkline Beecham for its Lucozade Sport brand reinforces and its market position and its energy associations.(à ¥Ã‚ Ã‚ Ãƒ ¤Ã‚ ºÃ‚ ºÃƒ ¦Ã¢â‚¬ ¢Ã‹â€ Ãƒ ¥Ã‚ ºÃ¢â‚¬ ) Cooperation with Ipod Recentlyà ¯Ã‚ ¼Ã…’with the increasingly big fans of Apple, young people are seen walking on the street with Ipod clipped on their belts, Iphone hold in their hands. To better promote and better compete, now individuals can find FitCoach which is supplied by Lucozade Sport on the iTunes download page. It is a free software for Ipod and can help people keep fit and lose weight. In addition, in September 2010, Lucozade Energy offers customers to win an Iphone every hour. Everyone has a chance as long as he/she buys a bottle of Lucozade Energy. 2.2.4 Place Place is a very dynamic and fast moving area of marketing. It covers a wide variety of fascinating topics largely concerned with the movement of goods from A to B and what happens at the point of sell.(Brassington F. and Pettitt,2006,p.31)Lucozade is sold in many places in United Kingdom such as retail chains like ASDAà ¯Ã‚ ¼Ã…’schools, gyms, sports center, even in desert stores or bread stores. 3. Competition position 3.1 Energy and sports drink market size In todays market, every industry and business is very competitive and tough with so many different brandss ,the historical ones, the news ones. However, in the cold market, the market of energy drinks boosts every year. The market has proved recession proof and continues to perform impressively.Value sales of the sports/energy drinks market are forecast to grow from  £941 million in 2008 to  £1,035 million in 2009.Over the next five years the market will grow by 48% to reach 1.5 billion in 2014 (Mintel oxygen data, 2009, p.8) . 3.2 Market share of Lucozade Cara Traboulsi et al. (2004,p.6),gives an extensive commentary on the market share that in 2003,Lucozade already had the largest market share(60%) followed by the major competitors such as Red Bull and Powerade with the value share of 27% and 4.50% individually .The rest of the market is made up with some small brands. It can be seen in the first pie chart. In 2010, Lucozade is the leader in United Kingdom for its market share in United Kingdom and Ireland is 90%(Bihua Ye,2010,p.19).The second pie chart shows the market share in Ireland. Lucozade still dominates the market with 75% value share (Begleys,nd). 3.3 Compared with Red Bull: Lucozade was the first energy, however, in the market of the energy drinks today, many Lucozades competitors have raised, the main and the most powerful competitor Lucozade has to face is Red Bull Red Bull is an energy drink brand which was launched in Austria in 1987. In just 20 years it has gone on to become a global best-selling beverage brand ( ). It is clearly to see that the two companies have some similarities. First, they both target young people .Second ,not just Lucozade, Red Bull is also very good at advertising . The company spent around 30 percent of its annual turnover on market and sponsorship( ). However, Shirisha Regani pointed out that Red Bull was unable to successfully extend its product line although a sugar-free version was introduced in 2003( ) ,which puts Lucozade into a more advantage position while competition since Lucozade has successfully extended their brand. Strategy: Reposition Lucoade used to be positioned as an invalids drink. ( )During the period 1974 to 1978 the sales of Lucozade declined consistently ( Banyard and Phillip,1999,p.70).The market changed that time, people had better medical technology and better living conditions which take the place of Lucozade. SmithKline Beecham, the brands owner, repositioned the brand from its original position as thea product for the sick to a brand which is essentially for the fit and healthy. ( )In the early 1990s,Lucozade successfully reinvented itself as a sports energy drink and by the end of the decad it was looking to step into the main stream and become a brand that would be sold out of the same fridges as Cock and Pepsi.( Tom Farrand, David Nichols, Tom Rowley,Matt Avery Journal: Young Consumers P12 2006 Volume:7 ) SWOT analysis: Strength: It has many different flavors to meet the need of different kind of customers and attract customers. It tastes very nice. Lucozade still dominant the energy drink market. The company has good reputation. Lucozade was established in 1927,which means it was the first energy drink product, the longer history means the company has longer time to build the brand into success. Weakness: Lucozade always focuses on developing new products such as Lucozade Sport Lite, it can be benefit, however, people are curious and always want to try new products, which will put the old products such as Lucozade Energy into dangerous position. Microsoft is an good example to approve this, less people are using Windows xp after Windows 7 is launched. Lucozade is a soft drink but contains 0.01% ethyl alcohol to aid flavouring which goes against the concept that Soft drinks are non-alcoholic. (BBC News Online,2004) Opportunities: Lucozade has the potential to expand their market share. Threat: It faces the threat of being substituted by Red Bull Recommendations Lucoade has a great scientific team trying to work on how to develop peoples energy. The boosting energy market,expand the market share in the whole beverage other than in the energy drink market.Since Lucozade is already dominant in the energy drinks market, what the company should do now is try to remain the old customers and attract new customers.

William Shakespeares Antony and Cleopatra Essay -- Shakespeare Antony

William Shakespeare's Antony and Cleopatra â€Å"The triple pillar of the world transformed/Into a strumpet’s fool. Behold and see† (I.1.12). â€Å"I have eyes upon him† (III.6.61). Shakespeare’s Antony invites speculation and a greedy voyerism that can only be instigated by a protagonist who, despite perpetually being at the centre of discussion, manages to elude classification.This impression of opacity of character is enhanced by the fact that his own idea of himself and of his uncontrollable infatuation with Cleopatra is constantly mutating. Antony oscillates between wishing â€Å"Would I had never seen [Cleopatra]† (I.2.253), and admitting â€Å"I’th’East my pleasure lies† (II.3.41). One moment he wails â€Å"I have fled myself [...] I have lost command† (III.11.7, 23), the next he reassures himself with a mantra-like repetitiveness, â€Å"There’s hope in’t yet [...] There’s sap in’t yet† (III.13.175, 191). When the protagonist himself is never static, when the other characters define him in accordance to their own agendas or morbid curiosity, there is very little for the audience to hold onto in the way of tangible evidence of one mental state as opposed to another. â€Å"This common body, like to a vagabond flag upon the stream,/Goes to and back, lackeying the varying tide,/To rot itself with motion† (I.4.44) Caesar says this about the tendency of the masses to wish for the ruler who isn’t in power or is seen less, and then when he does come into the limelight, to lose interest and want someone else. But taken out of context, these lines are a disturbingly appropriate depiction of Antony’s state throughout the play. For he is discussed and prodded as if he were common property, and shifts continuously between du... ...ity and littleness, an admission of his own weaknesses. The vagueness of â€Å"Sometimes we see a cloud that’s dragonish,/A vapour sometime like a bear or lion, [...] That which is now a horse, even with a thought/The rack dislimns, and makes it indistinct/As water is in water† is juxtaposed against the profoundly personal, intrspective lines â€Å"Here I am Antony,/Yet cannot hold this visible shape† (IV.14.3-22). The result is the feeling that whether he has fallen or not, whether the Roman way is better than the Egyptian, whether the â€Å"old Antony† is a myth, his own self-disgust and deflated sense of self remains. Perhaps that is the closest we can expect to get to the real Antony: the one he reveals when in the throes of self-doubt. Perhaps that is all we deserve to uncover: for as Dante’s Virgil would say, â€Å"the desire to hear [others’ dispute] is a base desire† (xxx.148).

Plastic Surgery :: Cosmetic Surgery

Outside beauty and staying forever young are the newest trends among today's society. Women are the highest percentage of this trend because women have been conditioned at young age to believe outer beauty is unsurpassed. Plastic or cosmetic surgery in the past has been kept hushed, never knowing did she have her nose worked on? Today plastic surgery is being embraced by the millions and highly looked upon. Recently a friend of mine had a breast augmentation. Her argument was the need to feel more confident in her own body. She felt out of proportion to the rest of her body. Young and old women today feel the need to look like Barbie, which undoubtedly comes from the need to replicate their favorite celebrities. Other causes for plastic or cosmetic surgery come from low self-esteem issues, sexual satisfaction and the need to be accepted as beautiful. For Instance, in 2000 more than 6.3 million women went under the knife by surgeons certified by the American Board of Plastic Surgery, says the American Society of Plastic Surgeons statistics. The five most popular invasive surgical procedures for women in 2000 were liposuction, eyelid surgery, nose reshaping, breast augmentation and facelift (ASPS statistics). There were nearly 11.9 million surgical and non-surgical cosmetic procedures performed in 2004, according to the most comprehensive survey to date of U.S. physicians and surgeons by the American Society for Aesthetic Plastic Surgery (ASAPS Statistics). In addition the top five surgical cosmetic procedures in 2004 were, liposuction, breast augmentation, eyelid surgery, rhinoplasty, and facelift. The top five non-surgical cosmetic procedures in 2004 were, Botox injection, laser hair removal, chemical peel, microdermabrasion, and hyaluronic acid. Overall, since 1997, there has been a 465 percent increase in the total number of cosmetic procedures. Surgical procedures increased by 118 percent, and non-surgical procedures increased by 764 percent (ASAPS Statistics). Firstly in most recent research from Dental and Health Articles, women who have had cosmetic surgery have found greater satisfaction in their sexual lifestyles. Women reported that their partners were more sexually satisfied, dressed to enhance their new figures, and were compelled to try more and different sexual activities post-surgery. Especially, the greatest benefits were seen in women who had breast augmentation, breast lift and or body contouring procedures. The study was published in the January-February 2006 issue of Aesthetic Surgery Journal (Dental and Health Articles). "The benefits of cosmetic plastic surgery appear to go beyond enabling patients to feel better about their physical appearance," commented Mark Jewell, MD, President of ASAPS, which publishes Aesthetic Surgery Journal (Dental and Health Articles).

Does Credentialing Produce Effective Teachers? :: Education Educational Essays

Does Credentialing Produce Effective Teachers? Controversy regarding the relationship between the competence of teachers and the performance of their students causes some people to believe that the qualifications of teachers have no direct effect on their ability to teach efficiently. Others believe that poor student performance is directly caused by the teacher's lack of preparation. Thus the question: is teachers’ lack of preparation contributing to poor student performance on standardized achievement tests? This review contains information regarding teacher credentialing: what is a teacher credential, how is a multiple-subject credential obtained in California, emergency credentials, teacher credentialing is related to student performance, and teacher credentialing is not related to student performance. What is a teaching credential? Teacher credentialing is a process in which teachers become recognized by the state as competent and professional in teaching. There are many different types of credentials, a primary one being a multiple subject credential. According to Dr. Ruth Norton, a professor of education at Cal State San Bernardino, a multiple subject credential allows a teacher to teach all subjects in a self-contained classroom in grades K-12. In California, the multiple subject credential generally applies to grades K-6 because of the structure of the school systems; grades 7-12 generally emphasize single-subject credentials. How is a multiple subject credential obtained in California? In speaking with Jason Moore, an advisor at CSUSB PALS office, to obtain a multiple subject credential in California it is required to have a baccalaureate degree from a four-year university, passed the California Basic Educational Skills Test (CBEST) during their junior or senior year, and participate in a fifth year credential program. Currently, in the extended credential program, the Reading Instruction Competency Assessment (RICA) test is required and as of September 2000, the Math Instruction Competency Assessment (MICA) will also be required. It should be noted that California is the only state that requires the fifth year credential program. In addition, the state of California has a list of competencies of what every teacher should possess to be effective: creating and maintaining effective environments, planning instruction and designing a learning experience for all students, engaging and supporting all students in learning, understanding and organizing subject matter for student learning, assessing student learning, and developing as a professional educator. Emergency Credentials

Theme

Eddie Truong Prof. Gray English 28 11 March 2013 Finding The Theme Many stories around the world have a wide variety of theme and issues that are not easily identified. Throughout stories, authors like to describe the characterization of character rather than the plot. The reason authors don’t describe the plot of the story is because through the characterization of the characters, readers are able to distinguish the different issues the author has planted in the story. Alice Walker’s â€Å"Everyday Use† is a short story that explores the way some people tend to view their family heritage and culture.Even though the title of the story does not give a sense of genre, it is actually a drama story because it has conflicts between different people. This story begins when Mama and Maggie are waiting at their front yard for the arrival of their daughter/sister. When Dee, the sister arrives, she informs her family that she has thrown away her name for another name. When they all get into the house, Dee asks her mom for valuables that were left behind by their past relatives. At first Mama agrees to give it to her, but refuses later because Mama felt that Dee would not carry the important heritage of the family tradition.Dee, who is outraged at this point, runs out of the house and left saying that they do not understand the real importance of their culture essay writer dubai. In the story, â€Å"Everyday Use† uses direct and indirect characterization through Mama, Maggie, and Dee to elucidate the theme of personal belief some people have for their family heritage. One way the theme becomes clearer to the readers is through the indirect characterization of Mama. Indirect characterization is shown throughout the story to show the traits of the characters by what they say and what they do. The readers are able to have a sense of who the character is by indirect characterization.For example, â€Å"A yard like this is more comfortable then most people know. It is not just a yard. It is like an extended living room† (108). Through this quote the readers are able to realize that Mama is proud of what she has and the yard was not just a property to her, it is her culture. Another example given is when Mama â€Å"snatched the quilts out of miss Wangero’s hand and dumped them into Maggie’s lap† (115), and then at the end mama and Maggie sits outside enjoying their sister leave. This shows the readers that Mama believe that Maggie is more qualified to carry on the heritage and their belief of heritage is better than their sister.Another character that is characterized directly and indirectly to help clarify the theme is Maggie. Unlike indirect characterization, direct characterization is when the traits are actually given to us by the narrator rather than their actions and words. The way the author directly and indirectly characterize Maggie helps the reader see the belief she has in her family cultur e. For instance, When Maggie lets her sister have the quilt because she â€Å"can ‘member Grandma Dee without the quilts† (115) since she was taught how to make the quilt by their grandmother.Maggie does this because she had acquired the skill of quilting from her grandmother. This quote shows that Maggie is open minded and wanted to learn her family’s culture. The readers can have a sense that Maggie feels that the culture of making quilt is better than needing an item to actually remind you of your culture. Another example is when Maggie says that the dasher was whittled by â€Å"Aunt Dee’s first husband†(113) and that his name was â€Å"Henry, but they called him Stash†(113). Maggie says this quietly and outspoken because her sister Dee didn’t remember who in their family made that significant piece.The reader are shown that Maggie actually know more about their family valuables and their heritage than Dee. Maggie values the importa nce of the people who created this piece, while Dee just valued the material. The last character that helps elucidate the theme through indirect characterization is Dee. The indirect characterization of Dee helps show the reader the views of heritage she has compared to her mother and sister. A given example is when Dee comes back home and tell her family that she has thrown away her name, which has been in their family for years and chosen the name: â€Å"Wangero Leewanika Kemanjo† (112).This shows the readers that Dee has thrown her family’s name that has been passed down their culture because she wanted to be even closer to the roots of their African Americans culture. Another example that is given is when Dee yells at her mother that Maggie shouldn’t wear the quilts because she doesn’t â€Å"appreciate the quilts† that their ancestors has made. Dee believes that â€Å"they’re priceless†(114) and that they should be hung up. Even t hough the readers will find that Dee is being disrespectful to her mother, the readers are able to recognize that the quilt was made with materials from African American culture.Indirect and direct characterization is a key way to help readers wrestle their way through the different issues expressed by the author. The descriptions of the character’s traits and their words to their actions are important in every story. Many stories would be difficult to figure out the issues or theme without these key points. It could leave readers confused and mislead into many different directions. Through indirect and direct characterization, the readers are able to find the ideas given by the author.

L3 HSC Technical Certificate Essay

1. Identify the different reasons why spate travel by (1.1.1) People exceed to name relationships, convey their extremitys to one a nonher, dole out their ideas, express their feelings and affableise in pairs or larger groups.2. rationalise how confabulation affects relationships in an adult social tending reach (1.1.2) As an adult superintend worker, communion is vital to date the postulate and requirements of the serving drug partr. If unplayful chat is non formed, thus the wellness and safety of the service utiliser is at venture. Communication also forms trust, not only mingled with the service go forr but also my fellow c be worker/s. Communications mingled with lag bothow a good handover to wee lieu mingled with shifts and by development a intercourses book, any issues of health & safety put forward be discussed without any staff members being present.Read more Reasons why people communicate strain3. Comp ar government agencys to esta blish the discourse and vocabulary call for, wishes and preferences of an psyche (2.2.1) In legion(predicate) cases, just by talking in English to the individual, dialogue toi permit be established to determine their wishes, needs & preferences. If this is not possible, the individual should catch a care/ give birth plan or notes this impart hope in full outline any limited communion needs that individual whitethorn require. For example a slightlybody who is both deaf or of impaired hearing, whitethorn need to be intercommunicate to louder and clearer whilst your lips are in full view for them to read, alternatively hand gestures or sign language whitethorn be required. I fully understand though that in whatsoever cases it may be impossible for me to communicate between the service exploiter and that I may need assistance.4. Describe the factors to cogitate when promoting impelling conference (2.2.2) there are a number of factors that need to be considered to promote telling conference literal Communication not everyone speaks my native knife and consequently may not guard my vocabulary and I may need to communicate with individuals that scram learning difficulties I thereforehave to consider this when communicating and be sure not to use actors line that could be difficult to understand. I must(prenominal) also be kind enough to not sound arch(a) to adults by speaking to slowly and to use the correct tone and pitch in my voice. Non-Verbal Communication non- communicative communication is said to reputation for up to 93% of all effortless communication, this leaves only 7% for words.This clearly shows that non-verbal communication is very important to get right. Examples are eyes, by talking to soulfulness and (mostly) maintaining eye-contact conveys your life of care and interest in that persons words and also affirms a solid intro for trust. Body language fundament be communicated every consciously or non-consciously a nd can greatly affect the message or information to be shared between one or many people. There are measure in my affair when a simple hand on the shoulder has been enough to reassure that person that they are being listened to and understood. Writing a note or using an physical object can also help with establishing sound communication in a non-verbal way5. Describe a range of communication methods and styles to meet individual needs (2.2.3) We have the use of our five senses to communicate and perk information withVisual seeing audile hearingOlfactory smelling kinesthetic feelingGustatory tasting6. apologize why it is important to respond to an individuals reactions when communicating (2.2.4) Once communication is established, the dialogue of that conversation is usually goaded by either signs of non-verbal or verbal reactions it is essential that these are responded to in a correct and timely manner, or the risk of miscommunication is increased and the original intenti on or needs (which triggered the communication) may be disconnected and could potencely be dangerous to the health and safety of the individual, yourself or others around you.7. excuse how individuals from different backgrounds may use, or stand for communication methods in different ways (3.3.1) Communication methods canvary between people from different backgrounds and it can, in any(prenominal) instances, be very hard to keep off misunderstandings. There are beliefs and opinions that need to be respected and understood, whether they are from a spiritual or cultural viewpoint these factors can greatly affect the effectiveness of the communication between them. Some individuals may be used to very strong non-verbal communication by way of e.g. hand gestures, as opposed to some other who may be distracted and feel threatened by much(prenominal) means. Personality has a braggy influence on the method of someones communication, it is up to both individuals to adjust to each other in set up to share information correctly.8. Identify barriers to effective communication (3.3.2)As previously mentioned, theology and cultural belief can be a barrier between devil parties willing to communicate, there is also outrage in those beliefs, some of which you may not share but mustnt let that be a prejudgement originally communication. Different or strong underscore If you dont understand what is being said to you (or what you are telling), it is imperative that you do not be embarrassed (or offended) in asking for the information to be repeated. health & (or) mental issues e.g. Aspergers, the individual may miss the necessary non-verbal communication skills and will therefore will require patience on your part. Noise your hearing may be better than theirs and is not affected by any background noise such as a television. Specialist communication methods Do you have the necessary skills for effective communication e.g. sign language? sensory impairment Is t he individual deaf, blind or both?Emotions Is this person too express to discuss something that is important?9. Explain how to curb barriers to communication (3.3.3)It is part of our job to hear these barriers and open up a good line of effective communication that serves the go around interests of the service user. We can also plow upon the services of others to aid in the communication e.g. an Interpreter. There is also much search I can do which may include speaking to the family or professionals that are already familiar with that individual and may offer valuable information on how best to communicate. Wecan also use communication strategies and personal support plans as well as educating ourselves through and through preparedness to gain new skills.10. Describe strategies that can be used to clarify misunderstandings (3.3.4) Should a misunderstanding occur, I should not keep back up, but attempt to rectify it and look into that the individual does understand, this can be through with(p) by e.g. Giving that person some time to calm down and hence later on communicate it in a different or easier way, being careful to explain it fully and simpler.11. Explain how to access extra support or services to enable individuals to communicate effectively (3.3.5) There will be times when extra support is needed because you either lack the necessary skills or you cannot communicate or provide the information nowadays to the individual that serves them in the best possible way. There are many specialist organisations for a whole host of needs and requirements. You should, if asked, obtain this information for use by either yourself or the service user and make it easily accessible.12. Explain the moment of the term confidentiality (4.4.1) Confidentiality is a set of rules reinforced upon trust to abide by pertaining to the wishes and needs of others under your care. The information must be kept private with restrictions in place when required.13. Describ e ways to maintain confidentiality in day-to-day communication (4.4.2) Confidentiality can be maintained by remaining aware and conscious of the information you share or discuss. Examples of this areInformation should only be discussed with the permission of the individual and not spoken somewhat out of work, especially social media platforms e.g. Facebook. Any documentation needs to be filed securely and inaccessible to others. Your voice should be kept to a minimum when discussing (with permission) in a public environment (e.g. Hospital) the information of a service user to another person.14. Describe the potential tension between maintaining an individuals confidentiality and disclosing concerns to agreed others (4.4.3) In my role as a support worker I may encounter a situation where the matter of confidentiality has to be weighed up against the welfare of the individual in question. In these instances confidentiality has to be broken to meet my obligations and duty of care in describe to the correct and relevant authorities e.g. safeguarding this has the potential for tension but for the greater good, must be adhered to.15. Explain how and when to seek advice about confidentiality (4.4.4) I can seek advice through my peers, management personnel or a professional advice line and this must endlessly be done as currently as possible to ensure the adjacent safety of the service user.Once you have completed, your Learning Advisor will be able to cross reference all knowledge into Unit 4222-301 of the diploma