Middle Class Wars Essay Example | Topics and Well Written Essays - 1750 words

Working Class Wars - Essay Example The ramifications of goals of American international strategy is that they have helped American white collar class individuals comprehend the significant certainties about the current world. Those goals have empowered white collar class individuals to acknowledge what they should attempt to achieve when they are abroad. The destinations upgrade and protect the freedom, thriving and security of white collar class individuals when they travel to remain abroad. The targets of the American international strategy advance worldwide governmental issues by empowering a global request which depends on human rights, popular government alongside free undertaking. The strategy keeps on expanding the level of flourishing and harmony the United States built up at some point back that American white collar class individuals living in Europe and different territories of the world appreciate. As it were, the United States had incorporated what the remainder of the world didn't have into a globalized advertise. Seeking after such an objective isn't simple. Making a worldwide

Hamlet: Hamlet Defeated By His Own Flaws :: essays research papers

Hamlet: Hamlet Defeated By His Own Flaws      In William Shakespeare's notable shocking play, Hamlet, the fundamental character Hamlet is vanquished by his own imperfections. These blemishes are the murdering of Polonius, the executing of Claudius, and above all else by Hamlet being deluded by the Apparition. The murdering of Polonius is a significant blemish of Hamlets since it got him executed by Laertes. Likewise the executing of his uncle Claudius was terrible, since he was his uncle and he drove Hamlet extremely crazy towards his mom. The last and most noted blemish of Hamlet's was him being deluded by the Ghost and taking part in his arrangement of frenzy.      The first of Hamlets blemishes is the executing of Polonius. The demise of Polonius was a mishap that shouldn't have occurred. Hamlet accepted the individual behind the drapery was for sure Claudius. After Hamlet draws his blade, runs it through the curtains, and murders Polonius. He inquires? "Is it the King?" He at that point he is brought into a warmed discussion with his mom, Gertrude, over the short hold up after old lord Hamlets passing for her to remarry. He says "Almost as terrible, great mother, As murder a ruler, and wed his brother". The significant impact of his slaughtering of, Polonius, was in reality his passing. This touched off Laertes' retribution on Hamlet which brought about Hamlet's passing.      Just as the slaughtering of Polonious was an unfortunate imperfection of Hamlets, so was the slaughtering of Claudius. This imperfection of Hamlets which was to be the performance vengeance of Claudius brought upon the passing of Gertrude, Polonius, and Laertes. The frenzy in Hamlet was to be released distinctly on Claudius. However Hamlet's way of pulverization murdered his mom, she was slaughtered by the toxic substance implied for Hamlet by Claudius. Laertes passing was welcomed on by the murdering of Polonius. The duel among Hamlet and Laertes, which was the masterminded vengeance on Hamlet, was the last remain of each.      Although the killings Hamlet did were imperfections he had, another significant blemish was his obliviousness in following the Ghost. Hamlet was cautioned not to follow the Ghost that there must be some detestable in him, however he didn't tune in. Both Horatio and Marcellus commandingly attempt to keep down the ruler, yet he won't be controlled.

Alcohol Screening Tests Ideal for Healthcare Settings

Alcohol Screening Tests Ideal for Healthcare Settings More in Addiction Alcohol Use Binge Drinking Withdrawal and Relapse Children of Alcoholics Drunk Driving Addictive Behaviors Drug Use Nicotine Use Coping and Recovery An alcohol screening test helps determine if you abuse alcohol  or have alcohol use disorder. An emergency room might use a short test that makes a determination based on the first question, while a mental health professional has time to administer a longer test with more questions. The reliability of shorter tests may not be as high as the longer ones. After the initial diagnosis, a longer test helps determine if your case of alcohol use disorder is mild, moderate, or severe. The CAGE Test One of the oldest and most popular screening tools for alcohol abuse is the CAGE test, which is a short, four-question test that diagnoses alcohol problems over a lifetime. CAGE Test C - Have you ever felt you should cut down on your drinking?A - Have people annoyed you by criticizing your drinking?G - Have you ever felt bad or guilty about your drinking?E - Have you ever had a drink first thing in the morning (eye-opener) to steady your nerves or to get rid of a hangover? Two yes answers  indicates a  problem with alcohol. The disadvantages of the CAGE test is its not very accurate for older people, white women, and African- and Mexican-Americans. The T-ACE Test The T-ACE test has four questions, including three from the CAGE test, but has proven  more accurate in diagnosing alcohol problems in both men and women. T-ACE Test T - Does it take more than three drinks to make you feel high?A - Have you ever been annoyed by peoples criticism of your drinking?C - Are you trying to cut down on drinking?E - Have you ever used alcohol as an eye opener in the morning (having a drink when you wake up to stave off a hangover, for example?). Two yes answers indicates possible alcohol abuse or dependence. The AUDIT Test One of the most accurate tests is the Alcohol Use Disorders Identification Test (AUDIT). Its accurate up to 94% of the time  across ethnic and gender groups. It has 10 multiple choice questions scored on a point system. A score over eight indicates an alcohol problem. The disadvantage is that it takes longer to administer and is more difficult to score than the shorter tests. The RAPS4 Test The Rapid Alcohol Problems Screen Test (RAPS) asks questions similar to the CAGE test, but from a different perspective. One yes answer indicates a possible alcohol abuse problem. The results are accurate across gender and ethnic groups. The MAST Test The Michigan Alcohol Screening Test (MAST) effectively diagnoses adults and adolescents. It has 22 yes or no questions, with six positive responses indicating a drinking problem. The disadvantage is the length and time required to score it.   The FAST Test The FAST test is a four-question quiz designed specifically for patients in urgent care or emergency room situations. The test is easy to score, but only detects 90% of alcohol problems detected by the AUDIT test. Paddington Alcohol Test The Paddington Alcohol Test (PAT) is for patients getting treatment for falls and accidents in the emergency room. This three-questions test is easy to score. The disadvantage is that it asks direct questions about how much alcohol the patient consumes, which patients tend to minimize or deny. The SAAST Test The Self-Administered Alcoholism Screening Test (SAAST) is a 35-question test that  asks questions about the patients loss of control, job performance, drinking consequences, and family history of alcoholism. One major advantage is that there is a version of the test a loved one can fill out. How a CDT Test Detects Dangerous Alcohol Consumption

Critically Comment on the Above Statement of Legislative Change Introduced by Labour Governments - Free Essay Example

Sample details Pages: 16 Words: 4661 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Critical essay Did you like this example? Critically comment on the above statement with reference to effect of legislative change introduced by Labour Governments since 1997 in relation to one or more areas of individual employment rights. I. Introduction On the back of four electoral defeats, the Labour party sought to get the party into power by introducing a new set of ideas. Branded as â€Å"New Labour†, and under new leadership, the Party moved to the middle ground of politics. Don’t waste time! Our writers will create an original "Critically Comment on the Above Statement of Legislative Change Introduced by Labour Governments" essay for you Create order The Party discarded policies that were perceived to be unattractive to the electorate, such as unilateral disarmament, extension of public ownership and restoring legal immunity for trade unions. Instead, the Party embraced reforms that had their origins in the late 1980s under the leadership of Neil Kinnock. Tony Blair, as the new leader, had no objections to policy when he found himself at the helm. He insisted upon putting a draft manifesto to a ballot of members in 1996, which was subsequently duly approved. This document later emerged as the 1997 general election manifesto titled: New Labour: Because Britain Deserves Better. (my italics) The Party made a number of bold assertions in the document, such as: Britain will be better with new Labour . The manifesto then set out the commitments and policy pledges that the Party promised to fulfil if elected. More specifically, the Party outlined a raft of ‘family friendly policies/commitments. In seeking to achieve this aim, the Partys mantra was, inter alia: ‘We will help build strong families and strong communities ‘We Will Strengthen Family Life ‘†¦..British men work the longest hours in Europe Work and Family ‘†¦..There must be a sound balance between support for family life and the protection of business from undue burdens a balance which some of the most successful businesses already strike. i. The Labour Partys Election Victory The Labour Partys won a landslide victory in May 1997, when it elected to office with a majority of 146 seats over its rivals. This victory was based, inter alia, on ‘New Labours ideology and the ‘10 commitments covering a range of policy pledges , as enshrined in the Party manifesto. It was evidently a manifesto designed to win votes. The distancing of Labour from its close Union ties was to be replaced by a commitment to ensuring that: ‘There will instead be basic minimum rights f or the individual at the workplace, where our aim is partnership not conflict between employers and employees. This work seeks to outline the legislative changes that have been introduced by the Government of the day since arriving in office in 1997. The focus of the work is specifically targeted towards aspects of those legislative provisions that have had the greatest impact on the balance between family and working life in the UK, namely: the National Minimum Wage (‘NMW) per se and Working Time Regulations and, more specifically, paid annual leave entitlement. II. Legislation in the Making i. The Case for a Minimum Wage 2006 marked the centenary for calls for the implementation of a NMW (Sanders 1906). These calls were finally realized on 31st July 1998, when the NMW Bill received Royal Assent. The system of minimum wage protection that was in operation in the UK hitherto was termed the Wage Councils (Metcalf 1981), which had been abolished in 1993. However, this system was far from perfect, inter alia, as it did not cover all sectors. The minimum wage policy has its roots in and is clearly tied to other areas of social welfare, such as: housing, health care and public assistance. The primary goal of such a policy was to improve the income of those at the bottom of the salary scale, with the objective of furnishing an improvement in the lives on those living in a state of poverty. This would also help to ‘reduce economic inequality and social unrest . The latter has proved to be one of the main causes of strikes and work stoppages. It accordingly came as no surprise when seeking to fulfil their ‘family friendly manifesto commitments that the Government of Tony Blair embraced the notion of a NMW by seeking to introduce legislation to achieve this end . On being elected to office, the ‘New Labour government promised to introduce the legislation as soon as possible in the Queens speech on 1st May 1997. On 26 November 1997, as promised, the NMW Bill was introduced before Parliament. The NMW Act 1998 acquired Royal Assent on 31 July 1998. Albeit the Act was placed on the Statue book, the Bills passage through parliament was not smooth sailing. Concerns about the impact of introducing such far-reaching legislation were made apparent during the debating sessions. Most prominent was the concern expressed about the legislations expected serious adverse implications for jobs in the UK. It was stated during a Standing Committee D debate by Mr Tim Boswell (Daventry), that experts had forecast ‘up a million job losses as a result of introducing the Act. These concerns were echoed on behalf of most industry sectors. The rationale for these concerns was largely based on the premise that a NMW would increase costs for business, which could only be avoided if this put up employment until the wages bill dropped: it would lead to people pricing themselves out of jobs. Moreover, there were fears that a NMW would result in instability in ‘local and regional economies and in job markets Irrespective of the concerns aired, the Government remained steadfast in defending its commitment to introducing a NMW. Following the introduction of the Act, the Low Pay Commission (‘LPC) was subsequently established as an independent statutory public body, which was established under the NMW Act 1998, in order to advise the Government about the NMW. Members of the independant LPC were appointed in July1997. Her Majestys Revenue and Customs was to play the role of enforcement by prosecuting o ffenders. In September – November 1998, a public consultation took place on the draft National Minimum Wage Regulations (‘NMW Regulations). On 6th March 1999, the NMW Regulations received Parliamentary approval, and came into force on 1st April1999. In July 1999, the Employment Relations Act 1999 (c.26) received Royal Assent. The Act contained two NMW provisions. At the inception of the NMW, the LPC set a minimum wage of  £3.60 per hour for adults (those aged 22 and above), which covered some 1.2 million jobs . A rate of  £3.00 per hour was set for those aged between 18-21 (development rate). A rate of  £3.00 per hour was introduced on 1st October 2004 for those between 16-17. On 1st October 2008, the NMW was set at  £5.73 for adults,  £4.77 for the development rate and  £3.53 for those between 16-17. ii Limits on Working Time The origins of the Working Time Regulations can be traced to the Fundamental Social Rights of Workers, which was ado pted at Strasbourg on 9th December 1989. Pertaining to the regulation of working time, the following declarations were made: ‘ Every worker in the EC shall have a right to a weekly rest period and to annual paid leave†¦..to ensure the safety and health of Community workers, the latter must be granted minimum daily, weekly and annual periods of rest and adequate breaks. Prior to the introduction of the Working Time Regulations, legislation had never been introduced restricting the number of working hours. Before to the introduction of the aforementioned legislation, the labour market operated under an industry-based system known as the Wages Council (see Dickens, Machin and Manning, 1999; Machin and Manning, 1994), which was abolished in 1993. As noted at the outset, however, the impetus for the legislation has its source in the European Union (‘EU). EU law became an increasingly more important source of employment rights in the 1990s. This stemmed from the agreement on the Social Charter in 1989 and as a result of European Court of Justice (‘ECJ) case law, albeit the UK opted out of the Social Charter until 1997. When Labour was handed over power, there were no nationwide legislative provisions regulating working time in the UK. Whilst that is the case, the Working Time Directive 93/104/EC should have been implemented by all Member States by 23 November 1996. The Directive was adopted pursuant to Article 138 (previously Article 118) of the Treaty of Rome, as amended by the Amsterdam Treaty. The Directive, which is strictly health and safety legislation, only required majority consent for its implementation. The legislation provided rights for workers of 4 weeks paid annual leave, minimum daily/weekly rest periods and a maximum 48-hour working week. The UK, however, failed to implement the Directive on time. In fact, the Conservative Government of the day, challenged the legality of the Directive (see United Kingdom v Council of the European Union (1997)). The UK did, however, eventually implement the Directive by introducing the Working Time Regulations 1998 (SI 1998/1833), albeit two years late. The original Regulations were subsequently amended by the Working Time Regulations 1999 (SI 1999/3372) to address a number of uncertainties in their original form. There have been successive amendments since in response to revisions, which have effectively broadened the remit of the legislation, inter alia. The Working Time Directive (93/104/EC) has now been repealed and replaced by the Working Directive (2003/88/EC), which came into force in August 2004. III. Impact of Legislative Changes i. National Minimum Wage Act 1998 (c.39) (‘NMWA 1998) The Act was introduced on 1 April 1999, and the National Minimum Wage Regulations 1999 (SI/1999/584) (‘NMW Regulations) was soon after adopted by virtue of s 2 of the Act. S 1(1) of the NMWA 1998 imposes an obligation on employers to pay workers in any pay reference period, at a rate no less than the NMW. Pursuant to Regulations 10(1) and (2) of the NMW Regulations, a pay reference period is one month, or a shorter period in cases in which workers are paid in shorter intervals. Under the Act, the entitlement of the NMW belongs to a worker in accordance with s 54(3) of the Act. The meaning of both â€Å"worker† and â€Å"employer† are given broad definitions under the legislation. All those qualifying as workers according to s 54(3) of the NMW Act 1998 are entitled to the NMW, providing s/he is working in the UK and is no longer of compulsory school age (see s 1(2) of the Act). A worker includes those working under a contract of employment and those under other applicable contracts . This also includes the likes of agency workers (see s 34 on the NMWA 1998) and home workers (see s 35 of the NMWA 1998) . An example of how the courts have approached this problem can be found in the case of Wolstenholme v Post Office Ltd [2003] ICR 546. In the Wolstenholme case, the Employment Appeal Tribunal held that a sub-postmaster and postmistress were not workers, because they had a choice whether or not to do the work themselves. Furthermore, in the notable case of Edmonds v Lawson [2000] ICR 587, the Court of Appeal held that a pupil barrister was not a worker. Following the decision in Carmichael v National Power plc [1999] ICR 1226, almost certainly the definition of worker applies to casual workers also. Ultimately, the definition of a worker in the NMWA 1998 can be analysed similarly to other definitions of a worker in employment law: See Bamford v Persimmon Homes N W L td UKEAT/006/06 (HH Judge Peter Clark presiding), and Green v St Nicholas Parochial Church Council UKEAT/0904/04 (Rimer j presiding). In the event of a complaint about minimum wage, the person responsible is regarded as the person providing the salary (see s 34 NMWA 1998). By virtue of s 28(1), there is a presumption that an individual who claims to be covered by the Act does fall within its terms. This in turn places the burden of proof on the employer to prove that the complainant is not a worker for the purpose of the Act. Those under 18 years of age were not covered at the outset (see Regulation 12(1) of the NMW Regulations 1999). However, these provisions were omitted by virtue of Regulation 3 of the National Minimum Wage Regulations 1999 (Amendments) (No.2) Regulations 2004 (SI 2004/1930), which were given effect from 1st October 2004. However, the NMW does not apply to self-employed people, volunteers, those between 16-17 on apprenticeships, those over 18 but under 26 during the first twelve months of their apprenticeships (see Regulation 2(5) and(8)), member of the armed forces and people working and living as part of a family unit (see Regulations 2(2) – (4) of the NMW Regulations 1999). In determining the rate of remuneration to be paid, the NMW Regulations 1999 define different categories of work: Time work; Salaried hours work; Output Work and Unmeasured Work (see Regulations 3 – 6). As to what qualifies as ‘working time, the case law has indicated that this is to be interpreted broadly. In Scottbridge Construction Ltd v Wright [2003] IRLR 21, the Court of Session found that time spent by a night watchman on the employers premises counted as working time, albeit he was entitled to sleep. Furthermore, in British Nursing Association v Inland Revenue [2002] EWCA Civ 194; [2003] ICR 19, time spent at home waiting to answer the telephone on employers night time service was deemed to be ‘working time. The procedure for determining the NMW is set out at Regulation 14 of the NMW regulation 1999. Essentially this is calculated by taking the remuneration for the pay reference period and dividing it by the number of hours worked. By virtue of s 17 of the NMWA 1998, the entitlement to a NMW is implied into the contract of employment. Accordingly, a failure by an employer to pay an employee at least the NMW for work carried out will give rise to a claim in the civil courts or the employment tribunal for a breach of contract, or more specifically an unauthorized deduction from wages, inter alia. A complaint can also be made to HM Revenue and Customs who actively enforce non-compliance with the legislation. Finally, a number of changes have been introduced by the Employment Act 2008, which came into force on 6 April 2009. These changes set out at sections 8 – 14 largely relate to non-compliance issues pertaining to the NMWA 1998. ii The Working Time Provisions a. The Definition of Worker As is the case for the NMW, the Working Time provisions apply to workers. The meaning of worker is given the same definition as that under the NMW legislation. In the case of Redrow Homes (Yorkshire)Ltd v Wright [2004] EWCA Civ 469; [2004] 3 All ER 98, a group of bricklayers who had sub-contracted to carry out work, were deemed to be workers for the purpose of this legislation because they were obliged to perform work personally. According to Pill LJs observation in the Redrow case, the issue is whether the person is contractually obliged to carryout the work in question (see [2004] 3 All ER 98, at para. 21). However, the remit of the legislation does not extend to children, as noted in Addision v Ashby [2003] ICR 667, where a paper boy was found not to be entitled to annual leave. All workers are covered by the legislation except: (i) jobs where you can choose freely how long you will work; (ii) the armed forces, emergency services and police are e xcluded in some circumstances; (iii) domestic servants in private houses; (iv) sea transport workers; and (v) mobile workers in inland waterways and lake transport workers on board sea going fishing vessels b. Paid Annual Leave Entitlement The significance of qualifying as a worker can not be under estimated, as pursuant to regulation 13(1)(c) of the Working Time Regulations (SI 1998/1833) (‘WTR 1998), a worker is entitled, inter alia, to 4 weeks paid annual leave each year. Any provisions within a contract, claiming that there is no entitlement to paid leave have been held to be void: The College of North East London v Leather, EAT (30/11/01). The paid annual leave entitlement has been extended by Regulation 13A, which was introduced by Regulations made under the Work and Families Act 2006. In effect, this will mean an extra 8 days leave for those working a standard 5 day week. This is aimed at giving workers leave on bank and public holidays in addition to the reg ular 4 weeks leave period. Also, pursuant to Regulation 13, part-time workers are entitled to leave, but on a pro-rata basis. Young people between the ages of 16-18 are not normally entitled to work more than 8 hours a day or 40 hours per week . The original qualifying period of 13-weeks was challenged in the European Court of Justice by the Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU). Many of BECTUs members work on short-term contracts, which resulted in complications about how to arrange paid annual leave on such contracts. The qualifying period was found to be inconsistent with the European Working Directive, and as such workers were found to have accrued paid leave entitlement from their first day at work: See R v Secretary of State for Trade and Industry ex parte BECTU [2001] ECR I-4881 Working Time (Amendment) Regulations 2001 (SI 2001/3256), which came into effect on 25th October 2001, introduced provisions implementing the Working Time Directive which provide employees with the right to paid leave upon immediately commencing employment, instead of after 3 months, as was hitherto the case. c. â€Å"Rolled Up† Rate A number of employers tried to overcome the aforementioned problem by inclusion of an element of holiday pay in their workers salary, or as it was commonly known â€Å"rolled up† rate. However, whilst this was regarded as a genuine attempt to combat the problem in some cases, in others, employers made spurious claims that the â€Å"rolled up† rate included holiday pay when it did not. This very point came before the European Court of Justice (‘ECJ) in the joined appeals of Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd; Caulfield and Others v Hanson Clay Products Ltd [2006] IRLR 386 ECJ. All the cases involved workers who had been paid so called â€Å"rolled-up† holiday pay. The Court of Appeal and the Scottish Court of Session differed in their opinions about the permissibility of this type of pay. The matter was accordingly referred to the ECJ for its ruling. In its judgment, the ECJ stated, inter alia: ‘†¦.By those questions the referring courts are asking, in essence, whether Article 7 of the Directive precludes payment for minimum annual leave within of that provision from being made in the form of part payment staggered over the corresponding annual period of work and paid together with the remuneration for work done†¦ The Directive precludes the payment for minimum annual leave within the meaning of that provision from being made in the form of part payments staggered over the corresponding annual period of work and paid together with remuneration for work done, rather than in the form of a payment in respect of a specific payment during which the worker actually takes leave. d. The New Rates With effect from 2 August 2004, the Working Time Directive 93/104/EC and 2000/034/EC were revoked and consolidated by Working Directive 2003/88/EC, which introduces new annual holiday entitlements. These new rates are being phased in from October 2007 to April 2009 by the implementation of the Working Time (Amendment) Regulation 2007 (SI 2007/2079). Whilst public holidays can be taken as annual leave entitlement, there is no automatic right for employees to have leave on public holidays, unless their contract so provides: see Campbell Smitth Construction Group Ltd v Greenwood (2001) IRLB, 667, 10. Furthermore, a rest period could not amount to annual leave as noted in Gallagher and ors v Alpha Catering Services Limited [2005] ICR 673 (CA). e. What Constitutes ‘Working Time? In so far as what amounts to ‘Working Time for the purpose of the WTR provisions, this is to be construed as time in which the worker is: (i) Working; (ii) at the employers disposal; and (iii) carrying out his duties. A notable case in which the ECJ considered this p oint is Sindicato de Medicos Consumo de la Generalidad Valenciana (Case C-303/98) [2001] ICR 1116. The question faced by the ECJ was whether or not time spent by doctors â€Å"on call† during which they were required to be present at the health centre was ‘working time for the purpose of the Directive. It was found that those doctors who were required to be present and available at the centre were working, whereas those who are only required to be contactable at all times but not physically present at the health centre are not deemed to be working, unless they were providing health care services. f. Complaints and Enforcement In the event that an employee alleges that s/he is denied the above rights, they must set out their complaint in writing and submit it to their employer in the first instance. If the complaint is not resolved satisfactorily, they may initiate proceedings in the employment tribunal, but such a claim must be made within 3 months of the ac t or omission complained of having first arisen. If successfully argued, a claimant could receive compensation and /or a declaration of their rights. Any award would be calculated according to what is just and equitable in the circumstances or, if the claim pertains to holiday entitlement upon termination of employment, what is owed to the claimant. IV. Conclusion The NMW and the WTR have undoubtedly been the most influential pieces of legislation of the current Governments legacy to date. In fact, the very electorate who voted them in office afforded the former the honour of being Tony Blairs greatest legacy before he left office . At least in relation to the NMW, it can be categorically stated therefore that irrespective of the stern opposition during the Bills passage through Parliament, the Partys decision to introduce the NMWA 1998, has largely proved to be a success without the concern about mass job losses manifesting. In fact, according to a study carried out titled the Impact of the National Minimum Wage on Profits and Prices: Report for Low Pay Commission, the effects of the NMW on employment have been tenuous, if not non-existent (Machin; Manning and Rahman, 2003; Stewart 2004). The focus of that particular study was placed on whether or not minimum wages priced workers out of jobs, one of the main concerns raised during t he legislations passage through both Houses. This particular concern was not unfounded however, as it had also been predicted by labour market theorists (Borjas, 2004; Brown, 2003). The focus of the same study also concentrated on whether there is any effect on employment at all, as emphasized in so-called ‘revisionist circles. (Cord and Krueger, 1994) Whilst the NMW is about to celebrate its eleventh anniversary, evidence of its success is axiomatic by concerns which arose about the perceived threat to NMW rules by the introduction of discriminatory legislation, such as the Employment Equality (Age) Regulations 2006 (SI 2006/1031). The Employment Equality (Age) Regulations 2006 came into force on 1st October 2006, and would permit tens of thousands of workers who are ‘fit and healthy to continue working past the age of 65, thereby prohibiting direct and indirect discrimination against them. In one article, it was claimed that the NMW, could be challenged as be ing discriminatory, given that workers under 21 can be paid less than their older counterparts . It was felt that this would result in job losses. On the whole, however, studies on the NMW suggest that the â€Å"minimum wage has not only significantly reduced the incidence of low pay, it has also helped to contain wage inequality† (Fitzner, 2006, p.14). The effects of the European Working Time Directive, on the other hand, are still being felt. Whilst the Directive applies to most sectors, the National Health Service is a sector which is currently in the process of trying to ensure that it meets the August deadline for doctors in training. The Directive currently applies across all clinical and staff groups. In relation to junior doctors, however, the 48 hour working week has been being introduced incrementally. In 2004, the hours were reduced to 58 per week, in 2007 they were reduced to 56, and the final shift is 48 hours per week by 1st August 2009. It is expected that by this date all services (bar 24-hour patient care) will work a 48 hour a week. The implications for failing to meet the deadline could be dire for the Trust, as this could mean penalties for non-compliance. These can be awarded by employment tribunals, or alternatively orders for compliance being issued by the Health and Safety Executive, and ultimately fines. It was suggested in April 2008 that â€Å"53.4% of junior doctors were estimated to be compliant†. If the deadline is missed, the UK could also face enforcement proceedings by the European Commission for non-compliance. On the whole, however, what is apparent is that the legislation introduced by the Labour Party since taking up office in 1997 has drastically changed the landscape of individual employment rights in the UK. Admittedly, in relation the Working Time Regulations, these changes were spearheaded and thrust upon the Government by the European Union. Whilst that may be the case, it cannot be den ied that the NMW and the WTR regulations have collectively worked in tandem to improve the working conditions for hundreds of thousands of workers in the UK, and ultimately contributed to providing workers with the discretion to decide on how to strike the right balance between their family and working life commitments. Bibliography Text Books: The City Law School, City Law School (London, England), Employment Law in Practice, 8th Edition, 2008, Oxford University Press US David Farnham, Employee relations in context, Institute of Personnel and Development, 2nd Edition, 2000, CIPD Publishing Gwyneth Pitt, Cases and Materials on Employment Law, 3rd Edition, 2008, Pearson Education Iain Dale, Liberal Party (Great Britain), Labour Party (Great Britain), Labour Party general election manifestos, 1900-1997, 2000, Routledge Jerold L Waltman, Minimum Wage Policy in Great Britain and the United States, 2007, Algora Publishing John Fairhurst, Law of the European Union, 6th Edition, 2007, Pearson Education Malcolm Sargeant and David Lewis, Employment Law, 4th Edition, 2008, Pearson Education Assortment of Cases: Addision v Ashby [2003] ICR 667 Bamford v Persimmon Homes N W Ltd UKEAT/006/06 British Nursing Association v Inland Revenue [2002] EWCA Civ 194 Campbell Smitth Construction Group Ltd v Greenwood (2001) IRLB, 667 Carmichael v National Power plc [1999] ICR 1226 Edmonds v Lawson [2000] ICR 587 Gallagher and ors v Alpha Catering Services Limited [2005] ICR 673 (CA) Green v St Nicholas Parochial Church Council UKEAT/0904/04 Jaeger [2003] IRLR 604 Mrs P James v Redcats (Brands) Ltd UKEAT/0475/061 R v Secretary of State for Trade and Industry ex parte BECTU [2001] ECR I-4881 Redrow Homes (Yorkshire)Ltd v Wright [2004] EWCA Civ 469 Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd; Caulfield and Others v Hanson Clay Products Ltd [2006] IRLR 386 ECJ Scottbridge Construction Ltd v Wright [2003] IRLR 21 Sindicato de Medicos Consumo de la Generalidad Valenciana (Case C-303/98) [2001] ICR 1116 The College of North East London v Leather, EAT (30/11/01) United Kingdom v Council of the European Union (1997) Wolstenholme v Post Office Ltd [2003] ICR 546 UK Statutes: Employment Relations Act 1999 (c.26) Employment Rights Act 1996 (c.18) Employment Act 2008 (c. 24) National Minimum Wage Act 1998 (c. 39) Work and Families Act 2006 (c. 18) Secondary Legislation: Employment Equality (Age) Regulation 2006 (SI 2006/1031) National Minimum Wage Regulations 1999 (SI/1999/584) National Minimum Wage Regulations 1999 (Amendments) (No.2) Regulations 2004 (SI 2004/1930) Working Time Regulation 1998 (SI 1998/1833) Working Time Regulation 1999 (SI 1999/3372) Working Time (Amendment) Regulations 2001 (SI 2001/3256), Working Time (Amendment) Regulation 2007 (SI 2007/2079) European Community Directives: Working Time Directive (93/104/EC) Working Time Directive (2000/034/EC) Working Directive (2003/88/EC) Young Workers Directive 94/33 Journals / Additional Materials Age Discrimination Threat to Minimum Wage Laws: Economic Experts Fear New Laws Will Lead to Job Losses, 29 September 2006, Journalonline.co.uk David Metcalf, Why has the British National Minimum Wage Had Little or No Impact on Employment?, April 2007, Centre for Economic Performance, CEP Discussion Paper No. 781. Department of Trade and Industry, National Minimum Wage: A Detailed Guide to the National Minimum Wage, Revised October 2004. Ingrid Torjesen, Working Hours Target Deadline Fast Approaching, 6 April, 2009, Health Service Journal (www.hsj.co.uk) Leanna Maclarty, Trainee was Paid Under Half Minimum Wage, 29 June 2009, The Press and Journal (www.pressandjournal.co.uk Mirko Draca, Stephen Machin and John Van Reenen, The Impact of the National Minimum Wage on Profits and Prices: Report for Low Pay Commission, February 2005 – Revised, Centre for Economic Performance, London School of Economics. National Minimum Wage Bill in Standing Committee D, Select Committee, first sitting, 13th January 1998 National Minimum Wage Bill in Standing Committee D, Select Committee, second sitting, 15th January 1998 Labour Election Manifesto, New Labour: Because Britain Deserves Better, 1997, https://www.labour-party.org.uk/manifestos/1997/1997-labour-manifesto.shtml Internet Sources: https://www.publications.parliament.uk https://www.berr.gov.uk https://books.google.co.uk https://www.employmentappeals.gov.uk https://www.lowpay.gov.uk https://www.opsi.gov.uk

Business Studies Customer Needs Essay - 925 Words

What is the most important way the small business you have chosen meets customer needs? In this project I aim to tell you all about the business I have chosen and identify the ways that it meets the needs of its customers. The business I have chosen to base my project on is called ‘Lees Heginbotham Sons Ltd’. The address of the business is: 59-61 George Street, Oldham, OL1 1JF. The business also has a website for its customers: leesheginbotham.co.uk. ‘Lees Heginbotham Sons Ltd’ is a Private Limited Company and therefore this tells me that it has limited liability. The business has 6 employees, the manager, a cleaner and four carpet fitters. * What does ‘Lees Heginbotham Sons Ltd’ do? ‘Lees Heginbotham Sons Ltd ’provide†¦show more content†¦As you can see, the shop is near to Manchester and has an excellent motorway link which can enable customers to travel to the shop conveniently. The satellite map above shows ‘Lees Heginbotham Sons Ltd’ via the green circle. It also shows ‘Spindles Shopping Centre’ by the red circle. The blue circle shows ‘Lees Heginbotham Sons Ltd’ competition ‘Roll End Carpets’. The map also shows the surrounding area of the shop and the local businesses of the shop. There are also a number of bus stops around the shop; this allows customers to travel to the business easily. There is also a tram link currently being made on ‘Union Street’ and this will then enable customers to travel to the shop easily and quickly. * The shop The picture above shows the front of the shop. As you can see the name of the business is clearly displayed all the way round it. This picture shows the inside of the shop. As you can see there are many rolls of carpets on display so the customers can experience the carpets before they buy it. This picture shows the rear of the shop. As you can see there is a car park for the customers. * The website This is a screen shot of the Google search I did to see how easy it was to find my business on the internet. As you can see it is the fifth business to come up on the search engine so it is very easy for the customers to find it. Here is a screenshot of the home page of ‘Lees Heginbotham Sons Ltd’. You can see easily one ofShow MoreRelatedStakeholder And Business Development Corporation Of Western Australia857 Words   |  4 Pagesgovernment, and competitors. In this essay, â€Å"stakeholder† will include not everyone to whom it may have a payoff (Bourne, 2007). If an entity is owned and operate by an individual and there is no way to distinguish property of the owner from the business, then it is called a sole trader. The business runner is in totally control of every aspect of it and is responsible for any potential risk of the business which may include loss, loans, and bankrupt. 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Alan Mulally, Ceo, Ford Motor Company Free Essays

Describe what is motivating Jim Goodnight. Discuss how these factors are similar or different to what may motivate you if you worked at SAS. What motivates Jim goodnight is that he has assembled a company with loyal employees that enjoy working in the organization. We will write a custom essay sample on Alan Mulally, Ceo, Ford Motor Company or any similar topic only for you Order Now Jim believes that† if you treat employees as if they make a difference to the company, they will make a difference† to the company. (Hellriegel Slocum, 2011) As stated in the case just having the ability to work in relax and stress free environment makes the job more productive which is a great factor in any job you work at. Jim offers great benefits to work at SAS. SAS has an on cite daycare center for kids is a great factor. Having the ability to have unlimited sick days to take off for family. Those are the most important factors when working because you never want to feel like you put your job in jeopardy for taking off a lot for sick days. Hellriegel, D. Slocum, Jr. J. (2011). Organizational behavior. Mason, OH Cengage Learning publishing Describe ethical problems associated with performance-based reward programs. Ethical problems associated with based performance reward programs are for example with DIRECTV as a CSR are incentives are base upon our yearly performance which our supervisor gets a percentage of that. I feel that supervisors shouldn’t be able to get a certain percentage of the employee’s earnings. This has been implemented from the job as a offer or incentive to supervisor as a benefit for the job. In your experience, explain any abuses you have seen. An experience I have seen at a previous job where I have worked, an employee has trained another employee for a supervisor position and once trained the employee made less money than the other employee that was trained. I find that to be ethical. Recommend how leaders can correct such abuses. Leaders need to design a better management that can be the over sea to correct the loop holes in the issues that are occurring. Employees shouldn’t train management. There should be a team of management trainers that train the managers for their jobs. How to cite Alan Mulally, Ceo, Ford Motor Company, Papers

Honour Killing free essay sample

HONOR KILLING| | What is Honour Killing? * An honour killing (also called a customary killing) happens when a person is murdered by a family member out of the belief or suspicion that the victim has brought shame to the family, clan or community. Murdering the person is believed to salvage the family’s honour. * An honor killing or honour killing(also called a customary killing) is the killing of a member of a family or social group by other members, due to the belief of the perpetrators that the victim has brought dishonour upon the family or community. Honour killings are directed mostly against women and girls. About Honour Killing:- â€Å"Honour killings† or horror killings — call them by any name, they are just one of many crimes born out of unholy traditions which survive on the blood of the innocent. Ironically, any law, no matter how severe it is, will be able to check these crimes. The reason: MINDSET. Cemented over the centuries by the feudal and patriarchal set-up, changing the mindset of the population today is tougher than the toughest thing is the world. A law might ban khap panchayats or at the most make â€Å"honour killing†, a non-bailable offence punishable with death penalty. But â€Å"honour killing† will continue to prevail till we convince people, be it the illiterate village folk or the highly educated city dwellers, that what they are doing is a sin and an immoral act. Let me illustrate my argument with some examples:.. Dowry is also one of the major factors behind corruption in government system. After globalisation, our desires and greed has increased with the increase in availability of products in the market. Accordingly, the amount of dowry has also increased. Now a groom with Rs 15,000 plus salary demands a car instead of a motorcycle. Those who cannot afford resort to female feticide or abandon the girl child. Further, despite a law prohibiting child marriage, a Unicef report says that over 47% girls (27% in urban and 56% in rural) in India are being married before the legal age of 18 years, leading to high maternal and neonatal mortality rate. One of the main reasons parents in rural areas marry their daughters at the early age (often misfit atch) is dowry. Further, the Domestic Violence Act 2005 was brought to protect women in the family from mental and physical violence but it has failed to make any impact. Studies reveal that over 95% of women don’t report domestic violence but still 81,344 domestic violence cases were registered in 2008 and 75,930 in 2007 in courts. The PCPNDT ACT prohibits female feticide but every year over one million girls are being killed before taking birth. The law has neither been able to deter people nor restrain doctors from indulging in the heinous crime. Killing the girl child before birth has today taken the shape of a multi-crore industry in states like Haryana, Punjab and Uttar Pradesh, where the child sex ratio has at many places has gone down below 750. Clearly, many things made illegal by the law are considered morally correct by society. the education system has also failed in inculcating moral values, be it rural or urban population. â€Å"Honour killing† also have a gender angle. Most killings are committed by the girl’s family while the boy’s family reconciles with â€Å"ladka hai sub chalta hai†, a girl carries the burden of family honour. If she elopes, her family is labelled to be lacking right â€Å"samskars†, hence unfit for â€Å"roti aur beti ka rishta†. For the girl’s family, killing becomes necessary for redemption. Besides killings, thousands†¦perhaps lakhs of girls are forced to marry against their wishes. Matrimonial columns show that the most families, even highly educated ones, prefer same-caste marriages. The youngsters have no freedom of choice. SOME CASES OF HONOUR/HONOR KILLING: * Zarghona 15 lies in U. P shelter killed by his father because she married to a BOY of lower caste. * Recent cases include a 16-year-old girl, Imrana, from Bhojpur who was set on fire inside her house in a case of what the police called ‘moral vigilantism’. The victim had screamed for help for about 20 minutes before neighbours arrived, only to find her still smoldering. She was admitted to a local hospital, where she later died from her injuries * In May 2008, Jayvirsingh Bhadodiya shot his daughter Vandana Bhadodiya and struck her on the head with an axe. In a landmark judgment in March 2010, Karnal district court ordered the execution of the five perpetrators of an honour killing, and imprisoning for life the khap (local caste-based council) head who ordered the killings of Manoj Banwala (23) and Babli (19), a man and woman of the same clan who eloped and married in June 2007. Despite having been given police protection on court orders, they were kidnapped; their mutilated bodies were found a week later in an irrigation REASONS OF HONOUR KILLING: The perceived dishonor is normally the result of one of the following behaviors, or the suspicion of such behaviors: * dressing in a manner unacceptable to the family or community * wanting to terminate or prevent an arranged marriage or desiring to marry by own choice * Being a victim of rape * Demanding a divorce , even in abusive relationship * Not following a strict dress code It is important to note that even the suspicion of a transgression is reason enough to justify a killing. Honour Killing – Some Key Facts The United Nations Population Fund estimates that 5,000 women are victims of honour killings every year * Honour killings are likely most pervasive in Pakistan and India, where they are known as karo-kari. Women are treated as property whilst honour is so deeply entrenched in society, that the government often turns a blind eye to these honour killings. Instead, the murders are reported as suicides or accidents. * In a study of female murders in Alexandria, India, 47% of the women were killed after the woman had been raped. * In some countries, men who carry out honour killings escape with lesser penalties. In India, honour killings are sanctioned by the law[2]. * Teenage brothers are often selected to be the executioner as their sentences are generally lighter than those handed down to adults. If it’s clearly a murder, why don’t the authorities stop it? Just like how bad habits are hard to break, it’s hard to realign deep-rooted beliefs. Officials in these countries often condone or ignore cases of violence against women, saying that it is a private matter. As a result, many honour killings go unreported and perpetrators face little, if any, punishment

Ari no mama de - The Japanese version of Let It Go

Ari no mama de - The Japanese version of Let It Go The movie Frozen is titled as ã‚ ¢Ã£Æ'Šã  ¨Ã©â€º ªÃ£  ®Ã¥ ¥ ³Ã§Å½â€¹ (Anna and the Snow Queen) for the Japanese market, and it has become the third best-selling film of all time in Japan since its March 14 premiere. Japan’s highest-grossing film is currently Hayao Miyazaki’s animated classic â€Å"Spirited Away,† and â€Å"Titanic,† earns second place. The song Let It Go won the Academy Award for Best Original Song. Besides the original English version, it is dubbed into another 42 languages and dialects worldwide. Here is the Japanese version of Let It Go which translates into Ari no mama de (As I am). Romaji Translation Ari no mama de Furihajimeta yuki wa ashiato keshite Masshirona sekai ni hitori no watashi Kaze ga kokoro ni sasayakuno Konomama ja dame dandato Tomadoi kizutsuki darenimo uchiakezuni Nayandeta soremo mou Yameyou Arino mama no sugata o miseru noyo Arino mama no jibun ni naruno Nanimo kowakunai Kazeyo fuke Sukoshimo samuku nai wa Nayandeta koto ga uso mitai de Datte mou jiyuu yo nandemo dekiru Dokomade yareruka jibun o tameshitai no Sou yo kawaru no yo Watashi Arino mama de sora e kaze ni notte Arino mama de tobidashite miru no Nido to namida wa nagasanai wa Tsumetaku daichi o tsutsumi komi Takaku maiagaru omoi egaite Hanasaku koori no kesshou no you ni Kagayaite itai mou kimeta no Kore de ii no jibun o suki ni natte Kore de ii no jibun o shinjite Hikari abinagara arukidasou Sukoshi mo samuku nai wa Japanese Version 㠁‚り㠁 ®Ã£  ¾Ã£  ¾Ã£  § é™ Ã£â€šÅ Ã¥ §â€¹Ã£â€š Ã£ Å¸Ã©â€º ªÃ£  ¯Ã¨ ¶ ³Ã£ â€šÃ£  ¨Ã¦ ¶Ë†Ã£ â€"㠁 ¦ çÅ"Ÿã  £Ã§â„¢ ½Ã£  ªÃ¤ ¸â€"ç•Å'㠁 «Ã¤ ¸â‚¬Ã¤ º ºÃ£  ®Ã§ §  é ¢ ¨Ã£ Å'Ã¥ ¿Æ'㠁 «Ã£ â€¢Ã£ â€¢Ã£â€šâ€žÃ£  Ã£  ® 㠁“㠁 ®Ã£  ¾Ã£  ¾Ã£ ËœÃ£â€šÆ'ãÆ'ۋÆ' ¡Ã£   Ã£â€šâ€œÃ£   Ã£  ¨ æˆ ¸Ã¦Æ'‘㠁„å‚ ·Ã£  ¤Ã£  Ã¨ ª °Ã£  «Ã£â€šâ€šÃ¦â€°â€œÃ£  ¡Ã¦ËœÅ½Ã£ â€˜Ã£ Å¡Ã£  « æ‚ ©Ã£â€šâ€œÃ£  §Ã£ Å¸Ã£  Ã£â€šÅ'もも㠁† ã‚„ã‚ Ã£â€šË†Ã£ â€  㠁‚り㠁 ®Ã£  ¾Ã£  ¾Ã£  ®Ã¥ § ¿Ã¨ ¦â€¹Ã£ â€ºÃ£â€šâ€¹Ã£  ®Ã£â€šË† 㠁‚り㠁 ®Ã£  ¾Ã£  ¾Ã£  ®Ã¨â€¡ ªÃ¥Ë†â€ Ã£  «Ã£  ªÃ£â€šâ€¹Ã£  ® ä ½â€¢Ã£â€šâ€šÃ¦â‚¬â€"㠁 Ã£  ªÃ£ â€ž é ¢ ¨Ã£â€šË†Ã¥  ¹Ã£ â€˜ Ã¥ °â€˜Ã£ â€"ã‚‚å ¯â€™Ã£  Ã£  ªÃ£ â€žÃ£â€š  æ‚ ©Ã£â€šâ€œÃ£  §Ã£ Å¸Ã£ â€œÃ£  ¨Ã£ Å'嘘㠁 ¿Ã£ Å¸Ã£ â€žÃ£  § 㠁  Ã£  £Ã£  ¦Ã£â€šâ€šÃ£ â€ Ã¨â€¡ ªÃ§â€ ±Ã£â€šË†Ã£  ªÃ£â€šâ€œÃ£  §Ã£â€šâ€šÃ£  §Ã£  Ã£â€šâ€¹ 㠁 ©Ã£ â€œÃ£  ¾Ã£  §Ã£â€šâ€žÃ£â€šÅ'る㠁‹è‡ ªÃ¥Ë†â€ Ã£â€šâ€™Ã¨ © ¦Ã£ â€"㠁Ÿã â€žÃ£  ® 㠁 Ã£ â€ Ã£â€šË†Ã¥ ¤â€°Ã£â€š Ã£â€šâ€¹Ã£  ®Ã£â€šË† ç §  㠁‚り㠁 ®Ã£  ¾Ã£  ¾Ã£  §Ã§ © ºÃ£  ¸Ã© ¢ ¨Ã£  «Ã¤ ¹â€"㠁 £Ã£  ¦ 㠁‚り㠁 ®Ã£  ¾Ã£  ¾Ã£  §Ã© £â€ºÃ£  ³Ã¥â€¡ ºÃ£ â€"㠁 ¦Ã£  ¿Ã£â€šâ€¹Ã£  ® ä ºÅ'Ã¥ º ¦Ã£  ¨Ã¦ ¶â„¢Ã£  ¯Ã¦ µ Ã£ â€¢Ã£  ªÃ£ â€žÃ£â€š  å† ·Ã£ Å¸Ã£  Ã¥ ¤ §Ã¥Å" °Ã£â€šâ€™Ã¥Å'…㠁 ¿Ã¨ ¾ ¼Ã£  ¿ é «ËœÃ£  Ã¨Ë†Å¾Ã£ â€žÃ¤ ¸Å Ã£ Å'ã‚‹æ€ Ã£ â€žÃ¦  Ã£ â€žÃ£  ¦ èŠ ±Ã¥â€™ ²Ã£  Ã¦ ° ·Ã£  ®Ã§ µ Ã¦â„¢ ¶Ã£  ®Ã£â€šË†Ã£ â€ Ã£  « è ¼ Ã£ â€žÃ£  ¦Ã£ â€žÃ£ Å¸Ã£ â€žÃ£â‚¬â€šÃ£â€šâ€šÃ£ â€ Ã¦ ± ºÃ£â€š Ã£ Å¸Ã£  ® 㠁“ã‚Å'㠁 §Ã£ â€žÃ£ â€žÃ£  ®Ã¨â€¡ ªÃ¥Ë†â€ Ã£â€šâ€™Ã¥ ¥ ½Ã£  Ã£  «Ã£  ªÃ£  £Ã£  ¦ 㠁“ã‚Å'㠁 §Ã£ â€žÃ£ â€žÃ£  ®Ã¨â€¡ ªÃ¥Ë†â€ Ã¤ ¿ ¡Ã£ ËœÃ£  ¦ 光〠Ã¦ µ ´Ã£  ³Ã£  ªÃ£ Å'ら㠁‚る㠁 Ã£   Ã£  Ã£ â€  Ã¥ °â€˜Ã£ â€"ã‚‚å ¯â€™Ã£  Ã£  ªÃ£ â€ž Vocabulary arinomama 㠁‚り㠁 ®Ã£  ¾Ã£  ¾ - unvarnished, undisguisedfurihajimeru é™ Ã£â€šÅ Ã¥ §â€¹Ã£â€š Ã£â€šâ€¹ - to start fallingyuki é› ª - snowashiato è ¶ ³Ã¨ · ¡ - footprintkesu æ ¶Ë†Ã£ â„¢ - to erasemasshiro çÅ"Ÿã  £Ã§â„¢ ½ - pure whitesekai ä ¸â€"ç•Å' - worldhitori 㠁 ²Ã£  ¨Ã£â€šÅ  - alonewatashi ç §  - Ikaze é ¢ ¨ - windkokoro Ã¥ ¿Æ' - heartsasayku 㠁•ã â€¢Ã£â€šâ€žÃ£   - to whisperkonomama 㠁“㠁 ®Ã£  ¾Ã£  ¾- as they aredame 㠁  Ã£â€š  - no goodtomadou æˆ ¸Ã¦Æ'‘㠁† - to be at a losskizutsuku å‚ ·Ã£  ¤Ã£   - to hurtdarenimo è ª °Ã£  «Ã£â€šâ€š - nobodyuchiakeru 打㠁 ¡Ã¦ËœÅ½Ã£ â€˜Ã£â€šâ€¹ - to confess; to confidenayamu æ‚ ©Ã£â€šâ‚¬ - to be worried; to be distressedyameru ã‚„ã‚ Ã£â€šâ€¹ - to stopsugata Ã¥ § ¿ - appearancemiseru è ¦â€¹Ã£ â€ºÃ£â€šâ€¹ - to showjibun è‡ ªÃ¥Ë†â€  - oneselfnanimo ä ½â€¢Ã£â€šâ€š - nothingkowakunai æ€â€"㠁 Ã£  ªÃ£ â€ž - not to scarefuku Ã¥  ¹Ã£   - to blowus o 嘘 - liejiyuu è‡ ªÃ§â€ ±- freedomnandemo 㠁 ªÃ£â€šâ€œÃ£  §Ã£â€šâ€š - anythingdekiru 㠁 §Ã£  Ã£â€šâ€¹ - canyareru ã‚„ã‚Å'ã‚‹ - to be able totamesu è © ¦Ã£ â„¢ - to trykawaru Ã¥ ¤â€°Ã£â€š Ã£â€šâ€¹ - to changesora ç © º - skynoru ä ¹â€"ã‚‹ - to carrytobidasu é £â€ºÃ£  ³Ã¥â€¡ ºÃ£ â„¢ - to spring outnidoto ä ºÅ'Ã¥ º ¦Ã£  ¨ - never againnamida æ ¶â„¢ - tearnagasu æ µ Ã£ â„¢ - to shedtsumetaku å† ·Ã£ Å¸Ã£   - colddaichi Ã¥  °Ã¥Å" ° - plateautsutsumu Ã¥Å'…ã‚€ - to wraptakaku é «ËœÃ£   - highmaiagaru 舞㠁„ä ¸Å Ã£ Å'ã‚‹ - to soaromoi æ€ Ã£ â€ž- thoughtegaku æ  Ã£   - to picture to oneselfhana èŠ ± - flowersaku å’ ²Ã£   - to bloomkoori æ ° · - icekesshou ç µ Ã¦â„¢ ¶ - crystalkagayaku è ¼ Ã£   - to shinekimeru æ ± ºÃ£â€š Ã£â€šâ€¹ - to decidesuki Ã¥ ¥ ½Ã£   - to likeshinjiru ä ¿ ¡Ã£ ËœÃ£â€šâ€¹ - to believehikari å…‰ - lightabiru æ µ ´Ã£  ³Ã£â€šâ€¹ - to baskaruku æ ­ ©Ã£   - to walksamukunai Ã¥ ¯â€™Ã£  Ã£  ªÃ£ â€ž - not cold   Grammar (1) Prefix ma Ma çÅ"Ÿ is a prefix to emphasize the noun that comes after ma. makk çÅ"Ÿã  £Ã¨ µ ¤ - bright redmasshiro çÅ"Ÿã  £Ã§â„¢ ½ - pure whitemanatsu çÅ"Ÿå ¤  - the middle of summermassaki çÅ"Ÿã  £Ã¥â€¦Ë† - at the very firstmassao çÅ"Ÿã  £Ã© â€™ - deep bluemakkuro çÅ"Ÿã  £Ã© »â€™ - black as inkmakkura çÅ"Ÿã  £Ã¦Å¡â€" - pitch-darkmapputatsu çÅ"Ÿã  £Ã¤ ºÅ'㠁 ¤ - right in two (2) Adjectives Kowai (scared) and samui (cold) are adjectives. There are two types of adjectives in Japanese: i-adjectives and na-adjectives. I-adjectives all end in ~ i, though they never end in ~ ei (e.g. kirei is not an i-adjective.) Kowakunai and samukunai are negative form of kowai and samui. Click this link to learn more about Japanese adjectives. (3) Personal Pronouns â€Å"Watashi† is formal and the most commonly used pronoun. Japanese pronoun usage is quite different from that of English. There are a variety of pronouns used in Japanese depending on the gender of the speaker or the style of speech. Learning how to use Japanese personal pronouns is important, but more important is to understand how not to use them. When the meaning can be understood from the context, the Japanese prefer not to use personal pronouns. Click this link to learn more about personal pronouns.

African American History and Women Timeline 1870-1899

African American History and Women Timeline 1870-1899 [Previous] [Next] Women and African American History: 1870-1899 1870 15th Amendment to the US Constitution gave the right to vote without regard to race, color, or previous condition of servitude but the Amendment did not apply to African American women (or any other women) Susan McKinney Stewart, an early African American woman physician, received an M.D. from the New York Medical College and Hospital for Women 1871 (October 6) Fisk University Jubilee Singers began their first-ever national tour, singing gospel music to raise money for the University 1872 (April) Charlotte Ray admitted to the Washington, DC, bar; she graduated that year from Howard University Law School 1873 Sarah Moore Grimke died (abolitionist, womens rights proponent, sister of Angelina Grimke Weld) 1874 1875 (July 10) Mary McLeod Bethune born Civil Rights Act of 1875 outlaws discrimination in public accomodations (invalidated in Plessy v. Ferguson, 1896) 1876 1877 Rutherford B. Hayes ended Reconstruction by withdrawing US Army troops from the South 1878 1879 Mary Eliza Mahoney graduated from the nursing school at the New England Hospital for Women and Children, Boston, becoming the first African American professional nurse Angelina Emily Grimke Weld died (abolitionist, womens rights proponent, sister of Sarah Moore Grimke) 1880 (October 20)  Lydia Maria Child  died (abolitionist, writer) (November 11)  Lucretia Mott  died (Quaker abolitionist and womens rights advocate) 1881 Tennessee passed first Jim Crow laws Sophia B. Packard and Harriet E. Giles founded Spelman College, the first college for African American women 1882   (September 8)  Sarah Mapps Douglass  died 1883 (November 26)  Sojourner Truth  died (abolitionist, womens rights proponent, minister, lecturer)   Mary Ann Shadd Cary  became the second African American woman in the United States to earn a law degree 1884   Mary Church Terrell  (then Mary Church) graduated from Oberlin College (activist, clubwoman) (January 24)  Helen Pitts  married Frederick Douglass, setting off controversy and opposition to their interracial marriage 1885 (June 6)  ALelia Walker, daughter of  Madam C.J. Walker, born (activist, executive, Harlem Renaissance figure) Sarah Goode received the first patent awarded to an African American woman 1886 1887 1888 1889 (January 28) Prudence Crandall died (educator) 1890 Emma Frances Grayson Merritt (1860-1933) established the first U.S. kindergarten for African American students   The House of Bondage, a collection of slave narratives, published, written by former slave Octavia R. Albert   Clarence and Corinne or Gods Way  published by the American Baptist Publication, the first Sunday School book written by an African American Janie Porter Barrett founded the Locust Street Settlement House in Hampton, Virginia 1891 newspaper  Freedom: a Revolutionary Anarchist-Communist Monthly  founded by  Lucy Parsons 1892 Anna Julia Cooper published  Voice of the South, writing of the status of African American women   Hallie Brown  served as lady principal (dean of women), Tuskegee Institute President Benjamin Harrison entertained by Sissieretta Jones (singer) Frances Ellen Watkins Harper published  Iola Leroy: or Shadows Uplifted Patent issued for an ironing board invented by Sarah Boone (January)  Bessie Coleman  born (pilot) - or 1893 (October)  Ida B. Wells  published  Southern Horrors: Lynch Law and in All Its Phases, beginning her public anti-lynching campaign (-1894) many African American womens clubs were founded for race and womens progress New York City (Victoria Earle Matthews)Brooklyn (Susan McKinney)Boston (Josephine St. Pierre Ruffin) 1893 World Columbian Exposition largely excluded African Americans. A few African American women spoke at the fairs Womens Congress on The Intellectual Progress of Colored Women of the US Since Emancipation: Fannie Barrier Williams spoke on the responsibility of white men for sexual exploitation of African American women. Anna Julia Cooper and Fanny Jackson Coppin also spoke.Ida B. Wells, Frederick Douglass, and Ferdinand Barnett wrote The Reason Why the Colored American is Not in the Columbian Exposition. African Methodist Episcopal Church founded the Womens Home and Foreign Missionary Society publication of  The Autobiography of Amanda Berry Smith, AME Evangelist Fanny Kemble died (wrote about slavery)   Lucy Stone  died (editor, abolitionist, womens rights advocate) (April 13)  Nella Larson  born (writer, nurse) (June 5)  Mary Ann Shadd Cary  died (journalist, teacher, abolitionist, activist) (-1903)  Hallie Brown  served as professor of elocution at Wilberforce University 1894 Sarah Parker Remond died (anti-slavery lecturer whose British lectures probably helped keep the British from entering the American Civil War on the side of the Confederacy) National Association of Colored Women began publishing  The Womans Era Gertrude Mossell published  The Work of the Afro-American Woman 1895 National Federation of Afro-American Women founded by about 100 women from ten different states, the first national federation of black womens clubs. Margaret Washington was elected the first president. Founders included Josephine St. Pierre Ruffin,  Mary Church Terrell, Fannie Barrier Williams   Ida B. Wells  published  Red Record, a statistical study of lynching Frederick Douglass died (abolitionist, womens rights activist, lecturer) 1896 National Federation of African American Women and the Colored Womens League merged into the National Association of Colored Women, selecting  Mary Church Terrell  as president (March 18) Supreme Court in  Plessy v. Ferguson  upholds Louisiana law segregating railway cars, invalidating the Civil Rights Act of 1875, and leading to the passage of many more Jim Crow laws (July 1)  Harriet Beecher Stowe  died (writer) (July 21) National Association of Colored Women formed;  Mary Church Terrell, president 1897 Harriet Tubman won pension for her Civil War military service Victoria Earle Matthews founded the White Rose Mission to provide aid to Southern black women moving to New York City Phillis Wheatley Home for Aged Colored Ladies founded by Fannie M. Richards in Detroit the first of many named for the poet  Phillis Wheatley  to provide housing and services for single African American women in large cities Charlamae Rollins born (writer, librarian)   A Slave Girls Story  published, autobiography of Kate Drumgold   Marita Bonner  born (writer, teacher) 1899   Maggie Lena Walker  became head (Right Worthy Grand Secretary) of the Independent Order of St. Luke Society, which she helped transform into an effective philanthropic society in Richmond, Virginia [Previous] [Next] [1492-1699] [1700-1799] [1800-1859] [1860-1869] [1870-1899] [1900-1919] [1910-1919] [1920-1929] [1930-1939] [1940-1949] [1950-1959] [1960-1969] [1970-1979] [1980-1989] [1990-1999] [2000-]

Modern Day Nationalism Research Paper Example | Topics and Well Written Essays - 1000 words

Modern Day Nationalism - Research Paper Example Modern-day nationalism encourages regionalism and formation of regional political groups or trade unions. Furthermore, it advocates cooperation and commitment to the liberation of the poor and vulnerable in various societies across the world. Modern-day nationalism is based on the globalization and regional government concept. Most countries in different regions are changing their view of nationalism. Today, most people view and pride themselves as members of a given area or organization rather than community or tribe. According to Sutherland, through various example from across the world, it is evident different regions have plans to move away from national governance and adopt regional governance (para 2). The East Africa community that is Kenya, Uganda, and Tanzania are perfect examples of countries that are planning regional governance. Similarly, sub-states such as Scotland and Catalonia also prefer regional integration and governance as opposed to individual states or communiti es. These groups desire to identify themselves with a particular region. Additionally, the formation of trade union and regional organizations such as East Africa Community (EAC) in Africa and the National American Free Trade Area (NAFTA) in the America continent shows that countries are past tribal or cultural based cooperation (Sutherland para 2). Furthermore, these organizations are formed as a way of enhancing domestic legitimacy and national prosperity among various states across the world. In addition, modern time’s nationalism greatly contributes to the global development and protection of human rights. Currently, many people feel committed to larger communities and the interest of various people across the world (Ezzat para 3). As a result, nationalism builds a sense of identity and cooperation between various people from different religions, countries or even tribes (Weeks).  

Terms 'necessity' and 'duress of circumstances' Case Study

Terms 'necessity' and 'duress of circumstances' - Case Study Example "It includes the definition of specific offenses and general principles of liability." Black's Law Dictionary, 5th Ed. Apart from other actions that lead to harm to the community, and for which civil responsibility can be fixed, "criminal law is the primary instrumentality for preventing people from intentionally or recklessly destroying life and property" Simester, A P. and Sullivan, G. R. Criminal Law: Theory and Doctrine (2004) 2nd edition, (revised 2004) Hart Publishing. Criminal liability can be ascertained from two basic constituents of an action: "actus reus (actually doing an act of a criminal nature), and mens rea (the intention to carry out a criminal act)." Ashworth, A. (2003). In some criminal actions, the rule of strict liability is applied even if one of above is missing like in cases murder, assault damage to the property etc. However, common law principles provide for a defence to the accused. "The defendant is now seen as possessing a moral right to defend his autonomy, which is rendered superior to the assailant's rights by assailant's aggression." Ashworth, A (2003). Necessity and duress of circumstances are both defences based on excuse or justification. The main characteristic in the defence of justification available to the accused the main factor is that the act can be tolerated by society. According to Fletcher, this utilitarian attitude towards the non-punishment of harm-causers is supplemented by the intuitions of justice and retribution, to give an accurate account of the theory of justification. Ibid at pg. 285. Simon-Brown J elaborated upon English law on the "necessity" defence. He opined that English Law does in extreme circumstances, recognize a defence of necessity. It can arise from objective dangers threatening the accused or others in which case it is conveniently called "duress of circumstances". Secondly, the defence is available only if, from an objective standpoint, the accused can be said to be acting reasonably and proportionately in order to avoid a threat of death or serious injury. Thirdly, assuming the defence to be open to the accused on his account of the facts, the issue should be left to the jury, who should be directed to determine these two questions: (1) Was the accused, or may he have been, impelled to act as he did because as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious injury would result' (2) If so, may a sober person of reasonable firmness, sharing the characteristics of the accused, have responded to that situation by acting as the accused acted' If the answer to both these questions is yes, then the jury could acquit, and a defence of necessity would have been established. Duress of circumstances cannot excuse the commission of an offence after the time when the threat has

Processes of Mergers and Acquisitions

Processes of Mergers and Acquisitions CHAPTER ONE: INTRODUCTION 1.1 Background Mergers and acquisitions (MAs) have become the dominant mode of growth for firms seeking competitive advantage in an increasingly complex and global business economy (Adler, 1997). According to (Schuler et al, 2003) a merger happens when two companies agree to join their operations together to form a new company in which they participate as equal partners. On the other hand, in an acquisition, one firm buys a controlling or full interest in another firm with the understanding that the buyer will determine how the combined operations will be managed. ultimately, wealth increases for shareholders in the acquiring company. In practice, however, acquisitions often produce disappointing results. An example to illustrate this is a study by Mercer Management Consulting who looked at 150 acquisitions worth more than 500 million dollars. The Mercer study concluded that 50 percent of the acquisitions eroded shareholder value, while another 33 percent created only marginal returns. (Hill, C.W. L, 2007, pg.504).Another study by a stream of empirical researchers examined the post-acquisition performance of companies and has generally failed to find consistent evidence of improvements in shareholder wealth after post acquisition stage. These findings appear to hold both in the short run (Firth 1980; Franks and Harris 1989; Higson and Elliot 1998:16-20) and in the long run (Gregory 1997; Kennedy and Limmak 1996; Sudarsanam and Mahate 2003:13-50).These findings reveal that mergers and acquisitions may not yield successful results relative to th e sought advantages. This is indeed worrying and raises questions about the value creation of mergers and acquisitions. An important factor affecting the performance of mergers and acquisitions is the transfer of knowledge between the two units. Knowledge transfer is critical to the performance of knowledge creation and in leveraging knowledge for greater organisational performance (Von Krough et al., 2000). Therefore, there is a need for efficient knowledge transfer in mergers and acquisitions. In international mergers and acquisitions, two cultures are combined, and also two systems of knowledge and insights are integrated. In order to develop and sustain competitive advantages for the knowledge-intensive firm, strategic management should enable the development and sharing of new knowledge and other resources. It is believed today by numerous researchers and managers that knowledge is one of the strongest sources of sustainable competitive advantage for Multi National Corporations (MNCs). The importance of developing and sharing knowledge in order to stay competitive for the future has been underlined by many. (Grant, 1996). There are two forms of knowledge which are tacit and explicit knowledge. Tacit knowledge is not easily expressible and therefore difficult to communicate to others. Explicit knowledge on the other hand, is formal and systematic so can therefore be easily communicated. (Nonaka and Takeuchi, 1995, pg.98). Tacit knowledge is non-linguistic, as it deals with the processes of the mind that is interested in reasoning and analysis. The data it renders is non-numeric, and is codified as personal or biased. From the above-mentioned definition of tacit knowledge, it can be seen as something that is rooted on experiences, deeply attached or related to emotions, is connected with the ideals, ethics and emotions of the subject. Explicit knowledge on the other hand is being codified when it is interpreted, used, and shared. These forms of knowledge transfer can be affected by various factors which can be catogorised as organisational and individual factors. These can become barriers if not managed properly because they have a significant impact on knowledge transfer. This dissertation would therefore focus on the key organisational factors that affect the transfer of knowledge. The paper will establish the relationship between these factors and knowledge transfer in international mergers and acquisitions. These factors are flexible structures, organisational culture, communication and Information technology. (Ives et al., 2003 and Spender, 1996) 1.2 ?ignifi?ance of the Study Over the last few years there has been an upsurge in interest among scholars on the importance of knowledge management in firms. This is because in successful organizations, their main advantage comes from the knowledge of their employees. In the past mergers and acquisitions were mainly conducted to obtain wealth. However, in recent years multinational corporations (MNCs) emphasize on the knowledge assets that can be gained from mergers and acquisitions. Thus, techniques for archiving, transferring, and increasing knowledge are fundamental factors for the high quality performance of organizations (Maurer, 1999). When companies undertake acquisitions in an international setting the challenge to transfer knowledge becomes more crucial therefore tacit and coded knowledge must be managed and developed in order to obtain an efficient transfer process. This dissertation will therefore examine the organisational factors that influence the transfer of both tacit and explicit knowledge in acquisitions and the role the organisational factors play in the knowledge transfer process. This paper will begin by reviewing relevant literature on knowledge, knowledge management, transfer of knowledge in acquisitions and the organisational factors that influence the process, Chapter 3 will discuss a summary of the methodology. The results of the abovementioned objectives will be presented in Chapter 4 and a critical and analytical discussion of all results is presented in Chapter 5. Conclusions are then made from the analysis and discussion in the previous sections in Chapter 6. To conduct this study, a semi structured interview will be conducted on two financial institutions engaged in an acquisition. The study will identify the key organisational factors that influence the transfer of both tacit and explicit knowledge in the acquisition, the effect of the organisational factors in the transfer process and the factor that has the greatest impact on transfer of knowledge. The focus of the case study will take place in the banking sector .This is because it is part of the global financial sector, which pursues a high level of International mergers and acquisitions.(IMAs). The findings of this study will benefit employees as well by giving light to the actions taken by their respective organizations to aid them cope with the changes brought about by the relationship between knowledge transfer and organisational factors. 1.3 Aims and Objectives The aims and objectives are to answer the main research question and to propose a strategic and effective way of managing the factors that affect transfer of knowledge in order to obtain efficiency. The main research question is : What are the effects of the key organisational factors that influence knowledge transfer in international mergers and acquisitions? Following from the research question, the main objectives will be to establish: Key Organisational factors that influence the transfer of both tacit and explicit knowledge in the acquisition. The effect of the organisational factors in the transfer process. The factor that has the greatest impact on transfer of knowledge ?HA?TER 2: LITERATURE REVIEW To answer the research question this chapter starts with a brief insight into the nature of knowledge, and then proceed to provide a critical review of transfer of knowledge in mergers and acquisitions and then focus on the key organisational factors that affect the transfer of this knowledge. 2.1 The Nature of Knowledge Knowledge can be experience, concepts, values or beliefs that increase an individuals capability to take effective actions (Alavi Leidner 1999).Knowledge can be categorized according to its form and content. With regard to this, a number of typologies have been used, such as embodied versus embedded knowledge (Granovetter, 1985), knowledge as intrinsically versus instrumentally valuable (Degenhardt, 1982), scientific versus practical knowledge (Hayek, 1945), and know-what versus know-how (Gupta and Govindarajan, 2000).ref Knowledge is a fluid mix of framed experience, values, contextual information, and expert insight that provides a framework for evaluating and incorporating new experiences and information. It originates and is applied in the minds of knowers. In organisations, it often becomes embedded not only in documents or repositories but also in organisational routines, processes, practices, and norms. (Davenport and Prusak, 2000) In the literature on Knowledge Management (KM), there is much debate about what constitutes knowledge, what is data and what is information. Most literature on Knowledge Management classifies knowledge into two main categories: explicit knowledge and tacit knowledge. Explicit knowledge can be defined as things that are clearly stated or defined, while tacit knowledge can be defined as things that are not expressed openly, but implied (Choo 2000, Herschel et al., 2001). This section will make a distinction between the two forms of knowledge tacit and explicit knowledge which was proposed by (Polyani 1962). Explicit knowledge is codifiable and objective and therefore easily transmitted, conceptualized and stored, with little cost. Codes can be differentiated by taking into account the number of elements and combination rules a code consists of, as well as the degree of ambiguity allowed. (Jorna, 2001). (Davenport and ?ru?ak, 1998, pg.41) say: the aim of c?difi?ation is to put organisational knowledge into a form that makes it accessible to those who need it. It literally turns knowledge into code to make it organised, explicit, portable, and as easy to understand as possible. New technologies play an important role in the knowledge codification and make the prospect for those activities increasingly promising. Knowledge managers and users can categorise knowledge, describe it, map and model it, simulate it, and embed it in rules and recipes. Each of these approaches has its own set of values and limitations. Knowledge is being codified when it is interpreted, used, and shared. Codified knowledge comes in the form of organization of thoughts that matter to the individual and can be used for common decisions. Tacit knowledge is converted to explicit or codified knowledge, a form of knowledge that is used by company and/or organisation members. Codified knowledge is essential in the diagnosis, performance, training, and planning of the events in the company or in the life of an individual. Tacit knowledge on the other hand, resides within individuals and is non-codifiable, acquired through experience, personal and subjective. These features make tacit knowledge difficult to formalise and transmit, leading to loss of organisational knowledge. Much of organisational knowledge is tacit (Cook and Yanow, 1993.) This form of knowledge is non-linguistic, as it deals with the processes of the mind that is interested in reasoning and analysis. The data it renders is non-numeric, and is codified as personal or biased. From the above-mentioned definition of tacit knowledge, it can be seen as something that is rooted on experiences, deeply attached or related to emotions, is connected with the ideals, ethics and emotions of the subject. It is this type of knowledge that has strong potential to be a source of competitive advantage, because it is difficult to assess from the outside and not readily available. The focus of this dissertation will be on these two types of knowledge. According to (Nonaka and Takeuchi, 1995), knowledge is created through interactions amongst individuals with different types and contents of knowledge. Through this social conversion process, tacit and explicit knowledge expands in terms of both quality and quantity. (Nonaka, 1990, 1991, 1994: Nonaka and Takeuchi, 1995) .This process goes through four modes of conversion between tacit and explicit knowledge which are Socialization (from tacit to tacit) Externalization (from tacit to explicit). Combination (from explicit to explicit) and finally Internalization (from explicit to tacit). 2.2 Knowledge Management Knowledge management has been an important topic in organizations for years. Companies have hugely emphasized the importance of knowledge as the basis for competitive advantage (Teece, 1998). According to (Zack,1999), there is an obvious difference among knowledge, data and information. Data correspond to observations or facts that are not meaningful. Information results from the placement of data within a meaningful context. Knowledge, on the other hand, is more intricate because it can be both implicit and explicit. Implicit knowledge is understood and applied, and developed from experience. It is shared through interactive conversations and narration of shared experiences. Companies have implemented knowledge management strategies to promote organizational learning. According to (Sarvary,1999), a knowledge management system is the infrastructure necessary for the organization to implement the Knowledge Management process. This comprises IT and organizational communications. Organizational culture, internal governance mechanisms and appropriate incentive schemes are also required. (Zack,1999) stated that effective knowledge creation, sharing, and leveraging requires an organizational climate and reward system that values and encourages cooperation, trust, learning, and innovation and provides incentives for engaging in those knowledge-based roles, activities, and processes. I have consistently observed this aspect to be a major obstacle to effective knowledge management. The success of these strategies is contingent upon the battle between organizational roles and formal and informal structure with socio-cultural factors affecting knowledge management. Culture, power relations, norms, management philosophy, and reward systems are examples. Knowledge management as a task, particularly in project-based international organisations, is an evolution of cognitive processes and social interaction. As knowledge formulation moves through the stages of intuiting, interpreting, integrating, and institutionalizing the tasks become less uncertain and more tangible. A mix of control mechanisms is therefore crucial for effectively managing knowledge capture and transfer within the organization. (Crossan et al., 1999) 2.3 Knowledge Transfer in International Mergers and Acquisitions One of the most prominent contemporary trends in the business of an enterprise is the increasing internationalization of their basic activities. This trend originally started in the most developed countries of the world, where enterprises reached a level of development by economies of scale, as a basic precondition for further progress, which enable enterprises to spread rapidly into international markets. Today however, globalisation can be considered as a precondition for the survival of an organisation notwithstanding the size or the country of origin. Internationalization of business functions began with sales and marketing, continued with production, and today it covers strategic research and development as well (Kolalovic, 2004).Because the prerequisite of an economic development is the openness of the economy, globalisation of businesses has been an economic rule. Local enterprises accepted the importance of mergers and acquisitions as a great help in penetrating the internati onal market and in gaining competitiveness (Hill, 2007). International mergers and acquisitions (IMA) have ballooned in the past two decades and key drivers of this have been globalisation and technological development. These key drivers have brought rise to an easiness of reaching markets, acquiring, managing and monitoring businesses abroad. On a macro level, International mergers and acquisitions (IMAs) can help companies remain competitive, achieve economies of scale and scope and improve positioning in the global environment. On a micro level, gaining valuable tangible and intangible assets can give industry specific competitive advantages; enhance efficiency, market power and growth potential. Notwithstanding, the approach or strategies adopted by managers towards mergers and acquisitions (MAs), they may not yield successful results relative to the sought advantages. The risks associated with cross-border (MAs) are many and can precipitate tremendous failure. Knowledge transfer is one of these risks which will be a focus of this paper. (Galbraith and Stiles, 1984). Knowledge transfer means conveying or moving knowledge from one person or place to another. In the world of business, knowledge management would mean the manner on how we move knowledge from one point of the organisation to another (Rutkowski, 1999). However in international mergers and acquisitions, knowledge would be conveyed from one organisation to another but in a cross cultural context. Knowledge capture and transfer can be regarded as strategic issues. They benefit the organisation as a whole. The process of accumulating and documenting knowledge learned is more tactical because it involves costs attributable to a specific project and managers need to determine which type of knowledge will be useful for the organisation before they are codified. According to (Davenport ,1996) and( Halal ,1996), the most recent and widely used vessel of knowledge transfer is the modern technology. Many companies worldwide use the Web or the internet access as a channel of knowledge sharing in workgroup and company levels. The purpose of the use of modern technology networks is to distribute information and computing resources among employees within the organization, enable the sharing of knowledge and expertise, overcome knowledge transfer barriers, exchange documents, and communicate effectively. According to (Keen, 1997), modern technology in knowledge transfer has reach, range, and ease of use. Reach relates to the people who can access the companys online services and information resources. It can be possible for the organization to gather, transfer or share information from their systems through any computer linked to another computer anywhere across the globe. Range relates to the information and services that can be automatically cross-linked. The World Wide Web is a way of sharing information. Ease of Use pertains to how the system can access and navigate the use of the technologies. Web browsers are good examples of information retrieval systems. In the transfer of knowledge in international mergers and acquisitions, most individuals are reluctant to share and transfer knowledge due to various factors. The announcement of a merger or acquisition creates a highly stressful environment of uncertainty, fear and distrust (Cartwright Cooper, 1992). Even if redundancies are not planned, individuals in both the acquired and the acquiring firms may fear loss of status and changes to their established work norms (Hunt et al, 1987; Schweiger Denise, 1991:49). They may react by resisting senior managements initiatives to encourage co-operation between the combining firms and may ultimately resign (Buono Bowditch, 1989; Levinson, 1970, pg.98). These researched negative reactions are likely to be particularly problematic when knowledge transfer is an explicit merger objective. Knowledge transfer is above all an inter-personal process. Whilst codified knowledge may be shared relatively easily, the experiences and insights required to in terpret and apply this knowledge reside within individuals. Individuals cannot be forced to share this knowledge with others but can only do so willingly. When we specifically consider the international or global transfer of knowledge, then as (Bresman et al,1999,pg.17) have noted, with respect to international acquisitions, the lack of personal relationships, the absence of trust, and cultural distance all conspire to create resistance, frictions, and misunderstandings. This observation is consistent with the conviction that a significant source of dissatisfaction in organizations today is the poor structures and networks for mediating and diffusing knowledge, values and experience within the organisational environment (Claes, 1999,pg.68). Since the competitive advantage of most organisations is their knowledge, individuals from the acquired company in an acquisition refuse to share their knowledge because they might feel the acquirers will eventually find them unimportant and possibly make them redundant. Some also leave and take their knowledge with them to utilise in another company. This is the reason why it is very necessary to identify the factors that influence the transfer of knowledge and improve on these factors to facilitate the process. These factors can be either individual, knowledge based or organisational factors. This dissertation will however, focus specifically on the organisational factors. This is because when they are identified and managed efficiently they help produce a positive transfer of knowledge. 2.4 Organisational Learning (Fisher and White, 2000) defined organisational learning as a reflective process, played out by members at all levels of the organization, which involves the collection of information from both the external and internal environments. This information is filtered through a collective sense-making process, which results in shared interpretations that can be used to instigate actions resulting in enduring changes to the organizations behaviour and theories-in-use.According to Crossan et al. (1999), organizational learning entails a tension between gaining knowledge of new learning or exploration, and using what has been learned or exploitation. This includes individual, group and organizational levels of learning, which are connected by the processes of intuiting, interpreting, integrating, and institutionalizing. 2.5 Organisational factors affecting Knowledge Transfer in Mergers and Acquisitions (Hybels and Weaver, 2007) define communication as any process in which people share information, ideas and feelings. It involves not only the spoken and written word but also the body language, personal mannerisms and anything that adds meaning to the message. Communication can be verbal and non verbal. In mergers and acquisitions, effective communication is very important because it helps coordinates and improves the transfer of knowledge. Communication is a process and consists of various elements which include sending of information, receiving information and feedback. This is in a form of of a basic communication model where the sender encodes the message, uses an appropriate medium to transmit the message and the receiver decodes the message (Hollensen, 2001). Whilst every organization has a unique environment particular key organisational factors such as communication, structure, culture and technology play a crucial role in the overall performance of the organization.(Galbraith, 2002). Therefore, this dissertation will focus on these key factors: Organisational Culture, Flexible structures and support, Information Technology and Communication to determine its effect on knowledge transfer. 2.5.1 Organisational Culture (Schein, 1985) defines organizational culture as a set of implicit assumptions held by members of a group that determines how the group behaves and responds to its environment. It is reflected in the aspects of the organization such as its mission. It is reflected in the way the employees act, what they expect of each other, and how they make sense of each others actions. Most of all, it is deeply rooted in the core values of the organization. According to (Hill C, W, L, 2007) organisational culture comes from several sources. Firstly, influential leaders can have an influence on the culture of the organisation. Secondly, the social culture of a country where the company was founded also influences its corporate culture. The third influence is the history of the company and lastly decisions that yield high performance tend to become embedded in the values of the firm. Many acquisitions fail because of the differences in corporate culture that exist amongst both units. This is because; if the differences are not managed properly they cause a strain on the integration process. An example is the Daimler and Chrysler merger which experienced a clash of corporate culture. Though it is not surprising that the merging of a German company and an American company would present dissimilarity in corporate cultures, there was insufficient support or consideration for these challenges offered to staff. Ideally both Daimler and Chrysler were to benefit equally from each others strengths and capabilities and ultimately increase performance but the cultural clashes significantly affected the corporate structure and success of the merger. (Hill, C.W. L, 2007, pg.505). This caused high management turnover and eventually loss of knowledge and expertise. (Bresman et al.,1999:17) therefore ?trepoe? the importance of cultural compatibility influencing international merger and acquisition success by arguing that the similarities of both parents organisational culture play a critical role in determining the international mergers and acquisitions extent of knowledge acquisition. With the view that cultural compatibility increases the possibility to acquire knowledge and the acquired knowledge then contributes to form new corporate cultures. (De long and Fahey, 2000) identified four ways in which culture influences knowledge transfer. Firstly, culture shapes assumptions about what knowledge is and what type of knowledge is worth managing. Secondly, culture defines the relationships between individual and organisational learning by determining who can control a specific type of knowledge. Thirdly, culture creates the context for social interaction that determines how knowledge will be used in a particular situation. Lastly, culture shapes the processes by which new knowledge is created legitimated and distributed in an organisation. For (M?rpoini,2004) the high failure rates of acquisitions observed over a long period of time by researchers are often due to company manager systematically overlooking the major cultural and organisational complexities involved in integrating the merging firms operations and informal networks. As the increasing number of ?rpo?-border acquisitions brought public attention to the ?la?he? of management styles and ?hilpopohie?, many poh?lar? tried to test whether organisations pould dipolay a higher level of cultural pom?atibility for a ?upoepoful acquisitions. Many thought companies with compatible cultures would be less problematic to acquire and generate value but a research by (Schoenberg, 2000) found out that the impact of cultural compatibility on acquisition performance is revolving around the form of post acquisition integration and the relative attractiveness of the acquirers culture. When knowledge is deeply embedded in a unique culture and organisational setting, transfer of knowledge becomes very difficult and costly. Researchers have argued that a major determinant of how much knowledge a company gains from a merger or an acquisition is its ability to learn from each other. (Hamel et al, 2002,). An example is the merger between General motors (GM) and Toyota in 1985 to build the Chevrolet. Toyota achieved its objectives from the merger and transferred all the knowledge to General Motors which was never put to good use. GM focused on the explicit knowledge forgetting that the tacit knowledge was embedded in the organisation. They should have worked together as a team to transfer both types of knowledge throughout the organisation. We can therefore say that to maximize the transfer of knowledge in a merger or acquisition both units need to adopt a common knowledge sharing culture across every part of the organisation. A shared culture may help informal integrating mechanisms such as knowledge networks to operate more efficiently. As such, a common culture may be of greater value in a multinational that is pursuing a strategy that requires cooperation and coordination between globally dispersed subsidiaries. (Hill, C.W. L, 2007, pp.472-474). Organisational culture can also be maintained by effective communication, organisational culture training as part of the due diligence process, maintaining trust from the pre acquisition stage and then finally staff must be trained on the core values of both units. According to (Baker and English, 2006), aspects of the business culture that can carefully be managed and improve knowledge transfer within the organization, is the use of a common business language and codes, the creation of a shared vision, and the construction of a common company culture that promotes knowledge transfer .Human due diligence should take place more openly and managers must make use of cultural assessment tools like employee surveys and face-to-face interviews. It is therefore useful to let the managers from both companies jointly review this data and agree on the cultural elements for the new company (Harding and Rouse, 2007). Managers must also be aware that basic approaches, values, and philosophies about employment regulation vary widely from country to country around the world. 2.5.2 Communication (Hybels and Weaver, 2007) define communication as any process in which people share information, ideas and feelings. It involves not only the spoken and written word but also the body language, personal mannerisms and anything that adds meaning to the message. Communication can be verbal and non verbal. In mergers and acquisitions, effective communication is very important because it helps coordinates and improves the transfer of knowledge. Communication is a process and consists of various elements which include sending of information, receiving information and feedback. This is in a form of of a basic communication model where the sender encodes the message, uses an appropriate medium to transmit the message and the receiver decodes the message (Hollensen, 2001). The positive outcome of the transfer of knowledge depends on an effective communication process which begins with the sender sharing the information, structuring the message in such a way that the receiver understands, selecting the appropriate method to convey the message to the recipient and then once an appropriate channel is selected and used, the receiver receives the message. Here he/she must decode the message. Meaning is attached to the various symbols and the channel used by the sender and now the receiver must interpret the message. This interpretation involves gaining an understanding from the message and is influenced by the receivers personal experiences, relationship with the sender, knowledge, perceptions and culture. Feedback is the final step in the communication process. Feedback is the response the receiver sends to the sender. In feedback the receiver conceives, encodes and selects the channel just like the original sender did. The original sender then becomes the receiver since he decodes, interprets and responds (feedback) to the response (feedback) the original receiver sent.However, this communication process is subject to many influences that determine its successful transfer. (Welch, D Welch, L, 2007). There are different ways of communicating tacit and coded knowledge. These are face to face and electronic communication. Face to face tends to be the most influential medium of communicating. This Processes of Mergers and Acquisitions Processes of Mergers and Acquisitions CHAPTER ONE: INTRODUCTION 1.1 Background Mergers and acquisitions (MAs) have become the dominant mode of growth for firms seeking competitive advantage in an increasingly complex and global business economy (Adler, 1997). According to (Schuler et al, 2003) a merger happens when two companies agree to join their operations together to form a new company in which they participate as equal partners. On the other hand, in an acquisition, one firm buys a controlling or full interest in another firm with the understanding that the buyer will determine how the combined operations will be managed. ultimately, wealth increases for shareholders in the acquiring company. In practice, however, acquisitions often produce disappointing results. An example to illustrate this is a study by Mercer Management Consulting who looked at 150 acquisitions worth more than 500 million dollars. The Mercer study concluded that 50 percent of the acquisitions eroded shareholder value, while another 33 percent created only marginal returns. (Hill, C.W. L, 2007, pg.504).Another study by a stream of empirical researchers examined the post-acquisition performance of companies and has generally failed to find consistent evidence of improvements in shareholder wealth after post acquisition stage. These findings appear to hold both in the short run (Firth 1980; Franks and Harris 1989; Higson and Elliot 1998:16-20) and in the long run (Gregory 1997; Kennedy and Limmak 1996; Sudarsanam and Mahate 2003:13-50).These findings reveal that mergers and acquisitions may not yield successful results relative to th e sought advantages. This is indeed worrying and raises questions about the value creation of mergers and acquisitions. An important factor affecting the performance of mergers and acquisitions is the transfer of knowledge between the two units. Knowledge transfer is critical to the performance of knowledge creation and in leveraging knowledge for greater organisational performance (Von Krough et al., 2000). Therefore, there is a need for efficient knowledge transfer in mergers and acquisitions. In international mergers and acquisitions, two cultures are combined, and also two systems of knowledge and insights are integrated. In order to develop and sustain competitive advantages for the knowledge-intensive firm, strategic management should enable the development and sharing of new knowledge and other resources. It is believed today by numerous researchers and managers that knowledge is one of the strongest sources of sustainable competitive advantage for Multi National Corporations (MNCs). The importance of developing and sharing knowledge in order to stay competitive for the future has been underlined by many. (Grant, 1996). There are two forms of knowledge which are tacit and explicit knowledge. Tacit knowledge is not easily expressible and therefore difficult to communicate to others. Explicit knowledge on the other hand, is formal and systematic so can therefore be easily communicated. (Nonaka and Takeuchi, 1995, pg.98). Tacit knowledge is non-linguistic, as it deals with the processes of the mind that is interested in reasoning and analysis. The data it renders is non-numeric, and is codified as personal or biased. From the above-mentioned definition of tacit knowledge, it can be seen as something that is rooted on experiences, deeply attached or related to emotions, is connected with the ideals, ethics and emotions of the subject. Explicit knowledge on the other hand is being codified when it is interpreted, used, and shared. These forms of knowledge transfer can be affected by various factors which can be catogorised as organisational and individual factors. These can become barriers if not managed properly because they have a significant impact on knowledge transfer. This dissertation would therefore focus on the key organisational factors that affect the transfer of knowledge. The paper will establish the relationship between these factors and knowledge transfer in international mergers and acquisitions. These factors are flexible structures, organisational culture, communication and Information technology. (Ives et al., 2003 and Spender, 1996) 1.2 ?ignifi?ance of the Study Over the last few years there has been an upsurge in interest among scholars on the importance of knowledge management in firms. This is because in successful organizations, their main advantage comes from the knowledge of their employees. In the past mergers and acquisitions were mainly conducted to obtain wealth. However, in recent years multinational corporations (MNCs) emphasize on the knowledge assets that can be gained from mergers and acquisitions. Thus, techniques for archiving, transferring, and increasing knowledge are fundamental factors for the high quality performance of organizations (Maurer, 1999). When companies undertake acquisitions in an international setting the challenge to transfer knowledge becomes more crucial therefore tacit and coded knowledge must be managed and developed in order to obtain an efficient transfer process. This dissertation will therefore examine the organisational factors that influence the transfer of both tacit and explicit knowledge in acquisitions and the role the organisational factors play in the knowledge transfer process. This paper will begin by reviewing relevant literature on knowledge, knowledge management, transfer of knowledge in acquisitions and the organisational factors that influence the process, Chapter 3 will discuss a summary of the methodology. The results of the abovementioned objectives will be presented in Chapter 4 and a critical and analytical discussion of all results is presented in Chapter 5. Conclusions are then made from the analysis and discussion in the previous sections in Chapter 6. To conduct this study, a semi structured interview will be conducted on two financial institutions engaged in an acquisition. The study will identify the key organisational factors that influence the transfer of both tacit and explicit knowledge in the acquisition, the effect of the organisational factors in the transfer process and the factor that has the greatest impact on transfer of knowledge. The focus of the case study will take place in the banking sector .This is because it is part of the global financial sector, which pursues a high level of International mergers and acquisitions.(IMAs). The findings of this study will benefit employees as well by giving light to the actions taken by their respective organizations to aid them cope with the changes brought about by the relationship between knowledge transfer and organisational factors. 1.3 Aims and Objectives The aims and objectives are to answer the main research question and to propose a strategic and effective way of managing the factors that affect transfer of knowledge in order to obtain efficiency. The main research question is : What are the effects of the key organisational factors that influence knowledge transfer in international mergers and acquisitions? Following from the research question, the main objectives will be to establish: Key Organisational factors that influence the transfer of both tacit and explicit knowledge in the acquisition. The effect of the organisational factors in the transfer process. The factor that has the greatest impact on transfer of knowledge ?HA?TER 2: LITERATURE REVIEW To answer the research question this chapter starts with a brief insight into the nature of knowledge, and then proceed to provide a critical review of transfer of knowledge in mergers and acquisitions and then focus on the key organisational factors that affect the transfer of this knowledge. 2.1 The Nature of Knowledge Knowledge can be experience, concepts, values or beliefs that increase an individuals capability to take effective actions (Alavi Leidner 1999).Knowledge can be categorized according to its form and content. With regard to this, a number of typologies have been used, such as embodied versus embedded knowledge (Granovetter, 1985), knowledge as intrinsically versus instrumentally valuable (Degenhardt, 1982), scientific versus practical knowledge (Hayek, 1945), and know-what versus know-how (Gupta and Govindarajan, 2000).ref Knowledge is a fluid mix of framed experience, values, contextual information, and expert insight that provides a framework for evaluating and incorporating new experiences and information. It originates and is applied in the minds of knowers. In organisations, it often becomes embedded not only in documents or repositories but also in organisational routines, processes, practices, and norms. (Davenport and Prusak, 2000) In the literature on Knowledge Management (KM), there is much debate about what constitutes knowledge, what is data and what is information. Most literature on Knowledge Management classifies knowledge into two main categories: explicit knowledge and tacit knowledge. Explicit knowledge can be defined as things that are clearly stated or defined, while tacit knowledge can be defined as things that are not expressed openly, but implied (Choo 2000, Herschel et al., 2001). This section will make a distinction between the two forms of knowledge tacit and explicit knowledge which was proposed by (Polyani 1962). Explicit knowledge is codifiable and objective and therefore easily transmitted, conceptualized and stored, with little cost. Codes can be differentiated by taking into account the number of elements and combination rules a code consists of, as well as the degree of ambiguity allowed. (Jorna, 2001). (Davenport and ?ru?ak, 1998, pg.41) say: the aim of c?difi?ation is to put organisational knowledge into a form that makes it accessible to those who need it. It literally turns knowledge into code to make it organised, explicit, portable, and as easy to understand as possible. New technologies play an important role in the knowledge codification and make the prospect for those activities increasingly promising. Knowledge managers and users can categorise knowledge, describe it, map and model it, simulate it, and embed it in rules and recipes. Each of these approaches has its own set of values and limitations. Knowledge is being codified when it is interpreted, used, and shared. Codified knowledge comes in the form of organization of thoughts that matter to the individual and can be used for common decisions. Tacit knowledge is converted to explicit or codified knowledge, a form of knowledge that is used by company and/or organisation members. Codified knowledge is essential in the diagnosis, performance, training, and planning of the events in the company or in the life of an individual. Tacit knowledge on the other hand, resides within individuals and is non-codifiable, acquired through experience, personal and subjective. These features make tacit knowledge difficult to formalise and transmit, leading to loss of organisational knowledge. Much of organisational knowledge is tacit (Cook and Yanow, 1993.) This form of knowledge is non-linguistic, as it deals with the processes of the mind that is interested in reasoning and analysis. The data it renders is non-numeric, and is codified as personal or biased. From the above-mentioned definition of tacit knowledge, it can be seen as something that is rooted on experiences, deeply attached or related to emotions, is connected with the ideals, ethics and emotions of the subject. It is this type of knowledge that has strong potential to be a source of competitive advantage, because it is difficult to assess from the outside and not readily available. The focus of this dissertation will be on these two types of knowledge. According to (Nonaka and Takeuchi, 1995), knowledge is created through interactions amongst individuals with different types and contents of knowledge. Through this social conversion process, tacit and explicit knowledge expands in terms of both quality and quantity. (Nonaka, 1990, 1991, 1994: Nonaka and Takeuchi, 1995) .This process goes through four modes of conversion between tacit and explicit knowledge which are Socialization (from tacit to tacit) Externalization (from tacit to explicit). Combination (from explicit to explicit) and finally Internalization (from explicit to tacit). 2.2 Knowledge Management Knowledge management has been an important topic in organizations for years. Companies have hugely emphasized the importance of knowledge as the basis for competitive advantage (Teece, 1998). According to (Zack,1999), there is an obvious difference among knowledge, data and information. Data correspond to observations or facts that are not meaningful. Information results from the placement of data within a meaningful context. Knowledge, on the other hand, is more intricate because it can be both implicit and explicit. Implicit knowledge is understood and applied, and developed from experience. It is shared through interactive conversations and narration of shared experiences. Companies have implemented knowledge management strategies to promote organizational learning. According to (Sarvary,1999), a knowledge management system is the infrastructure necessary for the organization to implement the Knowledge Management process. This comprises IT and organizational communications. Organizational culture, internal governance mechanisms and appropriate incentive schemes are also required. (Zack,1999) stated that effective knowledge creation, sharing, and leveraging requires an organizational climate and reward system that values and encourages cooperation, trust, learning, and innovation and provides incentives for engaging in those knowledge-based roles, activities, and processes. I have consistently observed this aspect to be a major obstacle to effective knowledge management. The success of these strategies is contingent upon the battle between organizational roles and formal and informal structure with socio-cultural factors affecting knowledge management. Culture, power relations, norms, management philosophy, and reward systems are examples. Knowledge management as a task, particularly in project-based international organisations, is an evolution of cognitive processes and social interaction. As knowledge formulation moves through the stages of intuiting, interpreting, integrating, and institutionalizing the tasks become less uncertain and more tangible. A mix of control mechanisms is therefore crucial for effectively managing knowledge capture and transfer within the organization. (Crossan et al., 1999) 2.3 Knowledge Transfer in International Mergers and Acquisitions One of the most prominent contemporary trends in the business of an enterprise is the increasing internationalization of their basic activities. This trend originally started in the most developed countries of the world, where enterprises reached a level of development by economies of scale, as a basic precondition for further progress, which enable enterprises to spread rapidly into international markets. Today however, globalisation can be considered as a precondition for the survival of an organisation notwithstanding the size or the country of origin. Internationalization of business functions began with sales and marketing, continued with production, and today it covers strategic research and development as well (Kolalovic, 2004).Because the prerequisite of an economic development is the openness of the economy, globalisation of businesses has been an economic rule. Local enterprises accepted the importance of mergers and acquisitions as a great help in penetrating the internati onal market and in gaining competitiveness (Hill, 2007). International mergers and acquisitions (IMA) have ballooned in the past two decades and key drivers of this have been globalisation and technological development. These key drivers have brought rise to an easiness of reaching markets, acquiring, managing and monitoring businesses abroad. On a macro level, International mergers and acquisitions (IMAs) can help companies remain competitive, achieve economies of scale and scope and improve positioning in the global environment. On a micro level, gaining valuable tangible and intangible assets can give industry specific competitive advantages; enhance efficiency, market power and growth potential. Notwithstanding, the approach or strategies adopted by managers towards mergers and acquisitions (MAs), they may not yield successful results relative to the sought advantages. The risks associated with cross-border (MAs) are many and can precipitate tremendous failure. Knowledge transfer is one of these risks which will be a focus of this paper. (Galbraith and Stiles, 1984). Knowledge transfer means conveying or moving knowledge from one person or place to another. In the world of business, knowledge management would mean the manner on how we move knowledge from one point of the organisation to another (Rutkowski, 1999). However in international mergers and acquisitions, knowledge would be conveyed from one organisation to another but in a cross cultural context. Knowledge capture and transfer can be regarded as strategic issues. They benefit the organisation as a whole. The process of accumulating and documenting knowledge learned is more tactical because it involves costs attributable to a specific project and managers need to determine which type of knowledge will be useful for the organisation before they are codified. According to (Davenport ,1996) and( Halal ,1996), the most recent and widely used vessel of knowledge transfer is the modern technology. Many companies worldwide use the Web or the internet access as a channel of knowledge sharing in workgroup and company levels. The purpose of the use of modern technology networks is to distribute information and computing resources among employees within the organization, enable the sharing of knowledge and expertise, overcome knowledge transfer barriers, exchange documents, and communicate effectively. According to (Keen, 1997), modern technology in knowledge transfer has reach, range, and ease of use. Reach relates to the people who can access the companys online services and information resources. It can be possible for the organization to gather, transfer or share information from their systems through any computer linked to another computer anywhere across the globe. Range relates to the information and services that can be automatically cross-linked. The World Wide Web is a way of sharing information. Ease of Use pertains to how the system can access and navigate the use of the technologies. Web browsers are good examples of information retrieval systems. In the transfer of knowledge in international mergers and acquisitions, most individuals are reluctant to share and transfer knowledge due to various factors. The announcement of a merger or acquisition creates a highly stressful environment of uncertainty, fear and distrust (Cartwright Cooper, 1992). Even if redundancies are not planned, individuals in both the acquired and the acquiring firms may fear loss of status and changes to their established work norms (Hunt et al, 1987; Schweiger Denise, 1991:49). They may react by resisting senior managements initiatives to encourage co-operation between the combining firms and may ultimately resign (Buono Bowditch, 1989; Levinson, 1970, pg.98). These researched negative reactions are likely to be particularly problematic when knowledge transfer is an explicit merger objective. Knowledge transfer is above all an inter-personal process. Whilst codified knowledge may be shared relatively easily, the experiences and insights required to in terpret and apply this knowledge reside within individuals. Individuals cannot be forced to share this knowledge with others but can only do so willingly. When we specifically consider the international or global transfer of knowledge, then as (Bresman et al,1999,pg.17) have noted, with respect to international acquisitions, the lack of personal relationships, the absence of trust, and cultural distance all conspire to create resistance, frictions, and misunderstandings. This observation is consistent with the conviction that a significant source of dissatisfaction in organizations today is the poor structures and networks for mediating and diffusing knowledge, values and experience within the organisational environment (Claes, 1999,pg.68). Since the competitive advantage of most organisations is their knowledge, individuals from the acquired company in an acquisition refuse to share their knowledge because they might feel the acquirers will eventually find them unimportant and possibly make them redundant. Some also leave and take their knowledge with them to utilise in another company. This is the reason why it is very necessary to identify the factors that influence the transfer of knowledge and improve on these factors to facilitate the process. These factors can be either individual, knowledge based or organisational factors. This dissertation will however, focus specifically on the organisational factors. This is because when they are identified and managed efficiently they help produce a positive transfer of knowledge. 2.4 Organisational Learning (Fisher and White, 2000) defined organisational learning as a reflective process, played out by members at all levels of the organization, which involves the collection of information from both the external and internal environments. This information is filtered through a collective sense-making process, which results in shared interpretations that can be used to instigate actions resulting in enduring changes to the organizations behaviour and theories-in-use.According to Crossan et al. (1999), organizational learning entails a tension between gaining knowledge of new learning or exploration, and using what has been learned or exploitation. This includes individual, group and organizational levels of learning, which are connected by the processes of intuiting, interpreting, integrating, and institutionalizing. 2.5 Organisational factors affecting Knowledge Transfer in Mergers and Acquisitions (Hybels and Weaver, 2007) define communication as any process in which people share information, ideas and feelings. It involves not only the spoken and written word but also the body language, personal mannerisms and anything that adds meaning to the message. Communication can be verbal and non verbal. In mergers and acquisitions, effective communication is very important because it helps coordinates and improves the transfer of knowledge. Communication is a process and consists of various elements which include sending of information, receiving information and feedback. This is in a form of of a basic communication model where the sender encodes the message, uses an appropriate medium to transmit the message and the receiver decodes the message (Hollensen, 2001). Whilst every organization has a unique environment particular key organisational factors such as communication, structure, culture and technology play a crucial role in the overall performance of the organization.(Galbraith, 2002). Therefore, this dissertation will focus on these key factors: Organisational Culture, Flexible structures and support, Information Technology and Communication to determine its effect on knowledge transfer. 2.5.1 Organisational Culture (Schein, 1985) defines organizational culture as a set of implicit assumptions held by members of a group that determines how the group behaves and responds to its environment. It is reflected in the aspects of the organization such as its mission. It is reflected in the way the employees act, what they expect of each other, and how they make sense of each others actions. Most of all, it is deeply rooted in the core values of the organization. According to (Hill C, W, L, 2007) organisational culture comes from several sources. Firstly, influential leaders can have an influence on the culture of the organisation. Secondly, the social culture of a country where the company was founded also influences its corporate culture. The third influence is the history of the company and lastly decisions that yield high performance tend to become embedded in the values of the firm. Many acquisitions fail because of the differences in corporate culture that exist amongst both units. This is because; if the differences are not managed properly they cause a strain on the integration process. An example is the Daimler and Chrysler merger which experienced a clash of corporate culture. Though it is not surprising that the merging of a German company and an American company would present dissimilarity in corporate cultures, there was insufficient support or consideration for these challenges offered to staff. Ideally both Daimler and Chrysler were to benefit equally from each others strengths and capabilities and ultimately increase performance but the cultural clashes significantly affected the corporate structure and success of the merger. (Hill, C.W. L, 2007, pg.505). This caused high management turnover and eventually loss of knowledge and expertise. (Bresman et al.,1999:17) therefore ?trepoe? the importance of cultural compatibility influencing international merger and acquisition success by arguing that the similarities of both parents organisational culture play a critical role in determining the international mergers and acquisitions extent of knowledge acquisition. With the view that cultural compatibility increases the possibility to acquire knowledge and the acquired knowledge then contributes to form new corporate cultures. (De long and Fahey, 2000) identified four ways in which culture influences knowledge transfer. Firstly, culture shapes assumptions about what knowledge is and what type of knowledge is worth managing. Secondly, culture defines the relationships between individual and organisational learning by determining who can control a specific type of knowledge. Thirdly, culture creates the context for social interaction that determines how knowledge will be used in a particular situation. Lastly, culture shapes the processes by which new knowledge is created legitimated and distributed in an organisation. For (M?rpoini,2004) the high failure rates of acquisitions observed over a long period of time by researchers are often due to company manager systematically overlooking the major cultural and organisational complexities involved in integrating the merging firms operations and informal networks. As the increasing number of ?rpo?-border acquisitions brought public attention to the ?la?he? of management styles and ?hilpopohie?, many poh?lar? tried to test whether organisations pould dipolay a higher level of cultural pom?atibility for a ?upoepoful acquisitions. Many thought companies with compatible cultures would be less problematic to acquire and generate value but a research by (Schoenberg, 2000) found out that the impact of cultural compatibility on acquisition performance is revolving around the form of post acquisition integration and the relative attractiveness of the acquirers culture. When knowledge is deeply embedded in a unique culture and organisational setting, transfer of knowledge becomes very difficult and costly. Researchers have argued that a major determinant of how much knowledge a company gains from a merger or an acquisition is its ability to learn from each other. (Hamel et al, 2002,). An example is the merger between General motors (GM) and Toyota in 1985 to build the Chevrolet. Toyota achieved its objectives from the merger and transferred all the knowledge to General Motors which was never put to good use. GM focused on the explicit knowledge forgetting that the tacit knowledge was embedded in the organisation. They should have worked together as a team to transfer both types of knowledge throughout the organisation. We can therefore say that to maximize the transfer of knowledge in a merger or acquisition both units need to adopt a common knowledge sharing culture across every part of the organisation. A shared culture may help informal integrating mechanisms such as knowledge networks to operate more efficiently. As such, a common culture may be of greater value in a multinational that is pursuing a strategy that requires cooperation and coordination between globally dispersed subsidiaries. (Hill, C.W. L, 2007, pp.472-474). Organisational culture can also be maintained by effective communication, organisational culture training as part of the due diligence process, maintaining trust from the pre acquisition stage and then finally staff must be trained on the core values of both units. According to (Baker and English, 2006), aspects of the business culture that can carefully be managed and improve knowledge transfer within the organization, is the use of a common business language and codes, the creation of a shared vision, and the construction of a common company culture that promotes knowledge transfer .Human due diligence should take place more openly and managers must make use of cultural assessment tools like employee surveys and face-to-face interviews. It is therefore useful to let the managers from both companies jointly review this data and agree on the cultural elements for the new company (Harding and Rouse, 2007). Managers must also be aware that basic approaches, values, and philosophies about employment regulation vary widely from country to country around the world. 2.5.2 Communication (Hybels and Weaver, 2007) define communication as any process in which people share information, ideas and feelings. It involves not only the spoken and written word but also the body language, personal mannerisms and anything that adds meaning to the message. Communication can be verbal and non verbal. In mergers and acquisitions, effective communication is very important because it helps coordinates and improves the transfer of knowledge. Communication is a process and consists of various elements which include sending of information, receiving information and feedback. This is in a form of of a basic communication model where the sender encodes the message, uses an appropriate medium to transmit the message and the receiver decodes the message (Hollensen, 2001). The positive outcome of the transfer of knowledge depends on an effective communication process which begins with the sender sharing the information, structuring the message in such a way that the receiver understands, selecting the appropriate method to convey the message to the recipient and then once an appropriate channel is selected and used, the receiver receives the message. Here he/she must decode the message. Meaning is attached to the various symbols and the channel used by the sender and now the receiver must interpret the message. This interpretation involves gaining an understanding from the message and is influenced by the receivers personal experiences, relationship with the sender, knowledge, perceptions and culture. Feedback is the final step in the communication process. Feedback is the response the receiver sends to the sender. In feedback the receiver conceives, encodes and selects the channel just like the original sender did. The original sender then becomes the receiver since he decodes, interprets and responds (feedback) to the response (feedback) the original receiver sent.However, this communication process is subject to many influences that determine its successful transfer. (Welch, D Welch, L, 2007). There are different ways of communicating tacit and coded knowledge. These are face to face and electronic communication. Face to face tends to be the most influential medium of communicating. This