Pharos Restaurant Essay Example for Free

Pharos Restaurant Essay At Pharos Restaurant, the appellants worked as waitresses. The facts are set out in the fall of 1982. Platy Enterprises Ltd. is the owner of Pharos Restaurant and also manages the same. The manager of the Pharos Restaurant was the President of Platy Enterprises Ltd. During the course of her employment, J witnessed sexual advances and undesirable encounters by another employee. Her efforts of trying to stop the same were in vain. The offender was, in fact, a cook and had no direct authority over the waitress. However, it was made to appear by the manager and the offending employee, that the latter could give instructions to the waitress J. Such conduct of alleged sexual harassment persisted for more than 30 days. Thereafter, J made a formal objection to such conduct by her co-employee. Post J’s making of such an objection, the aforesaid sexual advances and harassment stopped. However, this was replaced by excessively rude and uncooperative behavior. There was a case of excessive verbal abuse and reprimand without reason. Thereafter, a complaint was made by J to the manager regarding the same. However, the manager didn’t take any steps to prevent it or mitigate it. Such conduct on part of the offending employee continued. Finally, after some time J was dismissed by the manager. G, another employee in the same restaurant, soon thereafter also found herself at the receiving end of the same problems. She, too, complained to the manager after which although the sexual advances and harassment stopped, there was a continued spate of verbal abuses and non-cooperation at work along with unjustified reprimand. She was finally terminated by the manager. Subsequently, the present appellants approached the Manitoba Human Rights Commission and filed a complaint against Pharos Restaurant and Platy Enterprises Ltd. along with its owners, agents and servants. It was found that the appellants had indeed been subject to sexual harassment at work place as per to s.  6(1) of the Human Rights Act.  Therefore, exemplary damages and those for loss of wages were awarded. This decision was appealed before the Court of Queens Bench. The Bench upheld the adjudicator’s decision except as regards the amount of damages, and held that the harassment in the instant case was not based on discrimination based on sex, and therefore the employer could not be held liable. The present appellants are challenging this order of the Court of Queens Bench before the Supreme Court of Canada. ISSUES/QUESTIONS OF LAW The following are the issues that are raised by the appellants in the instant appeal before the Supreme Court of Canada   I. Whether the type of sexual harassment to which the appellants were subjected to is discrimination on the basis of sex? II. Whether the employer can be held liable for the acts, specifically sexual harassment by its manager? III. Whether the Court of Appeal erred in reducing the quantum of damages awarded to the appellants by the adjudicator? IV. Whether the Court of Appeal was correct in ordering costs against the Manitoba Human Rights Commission in regard to the adjudicatory proceedings before it? DECISION OF THE COURT On the aforesaid issues, the Supreme Court of Canada ruled as follows   I. The type of sexual harassment to which the appellants were subjected to is discrimination on the basis of sex, and this is not changed by the fact that only some women faced such harassment. II. The employer should be held jointly and severally liable for the acts, specifically sexual harassment, of its manager. III. The Court of Appeal erred in reducing the quantum of damages awarded to the appellants by the adjudicator as this case falls under the gamut of sexual harassment and in light of the nature of the complaints, the quantum should not have been reduced. IV.  Ã‚  Ã‚  Ã‚  Ã‚   The Court of Appeal was wrong in ordering costs against the Manitoba Human Rights Commission in regard to the adjudicatory proceedings before it. JUDICIAL REASONING Sexual harassment is prohibited by law as it affects the efficiency of an employee at the work place.[1] Further, it is a direct attack against the dignity of an individual, and cannot be tolerated in the modern society. The instant act of harassment was indeed one based on sexual discrimination as only women were at potential risk of such harassment which included sexual advances by a heterosexual male.[2] Male colleagues were not at the risk of such harassment. The employer should be held liable as when complaints were made to it by the appellants, he failed to take any steps whatsoever to improve the situation and correct the problem. This would go on to show that the employer was also conniving with the offender employee and therefore the employer’s liability would be joint and several.[4] The Court of Appeal should not have reduced the quantum of compensation as this was a classic case of sexual harassment at the work place based on sexual discrimination. RELEVANCE/IMPACT This decision of the Supreme Court sends out a strong message to the civil society at large that sexual harassment at work place shall not be tolerated. Further, sexual harassment based on sexual discrimination is an even more serious offence, and invites a higher quantum of fine. Further, all employers should make sure that no sexual harassment is taking place at their respective workplaces, failing which, they would also have to share the liability of any such offence jointly and severally.

Family System Theory Essay Example for Free

Family System Theory Essay In my attempt to outline a family seeking therapy for domestic violence using the Family Systems Theory, I will first give a detailed account of the family history, and then embark on the problem before tackling the intervention strategy. Family History John married Jane 20 years ago.   At the time of their marriage, John had a well paying job which could support his nuclear family as well as his parents.   Johns parents were peasant farmers who actually had sold everything they had in order to pay Johns school fees.    Johns parents had placed a lot of hope in him before he contracted this marriage. This fact led them to discourage John from marrying Jane since they considered that John having spent the family resources in his education, he had every reason first to pay school fees for his young brothers.   To avoid clashing with his parents, John promised to handle both responsibilities (that is, caring for the younger siblings and his wife).   After lengthy deliberations the parents submitted to his observations and allowed him to go forward and marry Jane. On the other hand, Jane at the time of marriage was employed as a sales girl and earned amount that could see her through most of her needs.   Jane appeared to be a self styled lady depicting a lot of wealth.   Even though Janes parents were notoriously religious, Jane had an out of wedlock child which she was caring at her parents. This issue was however unknown to John. Jane did not bother or she ignored to disclose to John about this issue.   John only happened to know about the kid a few weeks to their wedding day.   This did not detract John from marrying her fiancà ©e. Jane was the last born in a family of six children, 3 girls and 3 boys.   Her parents were wealthy and of middle social standing.   This family not only was it capable of meeting basic needs but also some luxuries.   Her elder brothers were all married and comfortably settled down.   The two elder girls were also married to wealthy husbands who owned some assortments of luxurious properties including several vehicles.   Unlike Johns family, Janes family was in actual fact composed of well to do family members. It is important to note that Janes educational background was not pleasing as she had dropped out of school when she contracted her first pregnancy.   John however, had knowledge of her lovers, educational background and seemed to be contended with the situation.   At first, when Jane highlighted to her parents about her future prospects, they at first disapproved the marriage on the grounds that John could afterwards ditch her due to her first child or due to her educational standards.   Jane succeeded to bargain for blessing of the marriage through cheating her parents that John was aware of everything, thus there was no cause of worry. The Problem As noted earlier, few days after John married Jane, there was a misunderstanding over the first issue as John demanded an apology from Jane for failing to disclose fully her status.   This time the marriage was saved by the intervention of Johns parents who pleaded with him to shelve the matter and love his wife as before. Joy returned to these couples and within a period of 10 years, they had 3 more children inside the wedlock.   John managed to convince Jane to leave her job so as to concentrate with family matters, which included taking care of the children among others. This move however, was viewed by Johns in-laws negatively as they considered Johns salary to be insufficient.   They also had negative thoughts about the future status of their daughters marriage, as they had conviction that John would one day ditch Jane.   They rebuked Jane for being seduced to terminate her employment. During the 15 years into marriage, John was suspended from his employment under very queer circumstances.   What happened is that John, while supposed to be on duty, had that day requested a fellow workmate to play his part, while he attended to some family issues. Unfortunately, the same day, there occurred some robbery at his place of work and more particularly involving his department.   This called for his suspension pending investigation that was followed by his dismissal without terminal benefits. Upon dismissal John and his family moved to there rural home. Coping with life was not easy as the family had to readjust and face some of the realities of life. The family was in total economic disrepair and john for the sake of saving the situation sold most of his rag-tag assets. However the going was not smooth as these did not last the family for a ling time. As a way of escaping realities of life, John started to drink. This only served the purpose of increasing his problems. Upon being confronted by her wife he resorted to abusive language. The problem facing the family now is that as a result of John’s change of behavior Jane’s parents are blaming her for failing to listen to their instructions in the first place. Even though they have secured Jane something to see the family through basic needs, they are threatening to withhold the same if she keeps on sticking to this doomed marriage. On the other hand John’s children seem to be suffering from emotional distress due to the misunderstanding pitying the parents. The out of wed-lock daughter is considering that their father is battering her mother due to her presence in the family. John seems to be sinking deep and deeper in drug and substance abuse. He abuses his children through neglect as well as physically associating them. John’s parents seem to suggest that John made a mistake in marrying Jane for reasons which are not clear. The family is about to break-down as john is engaged in all manner of domestic violence. Sometime when drunk he raises the subject of the first daughter, a topic that Jane considers to have been dealt with in the past. He also sees Jane’s parents to be the source of all his problems as he associates them with wealthy bureaucrats who are out to play down his marriage. There is total communication breakdown in John’s family as well as between the extended family (in-laws). The family with the aid of a Good Samaritan is now seeking therapy. Remember Jane is cursing herself for having disrespectful to her parent’s advice. The same thing is also happening to John. This culminates into the children loosing hope. Therapy The therapy required here should encompass all the members of the nuclear as well as the extended family. First it is important to evaluate the family through scheduling interviews that involves with some members of this immediate family. This interview should include children as well as two significant members of the extended family. There is a need for the therapist to be a man and woman as to treat gender related issues on top of serving as role models for the family. The therapy being based on the family systems theory the family should be regarded wholly as being the unit of treatment. Therefore emphasis should be placed on communication processes. John’s family should be analyzed first. Therapist’s comments and remarks should be structured in a manner likely to help family members become more conscious of patterns or structures that had been previously ignored. Sessions should be structured in a way that members of the extended family can, eat together, so as to afford the most required ingredient of family to succeed-communication. By the end of the therapy members of this family including the IP (Identified Patient) should be seen to differentiate. Reference Nichols, M.P. Schwartz, R.C. (2006). Recent Developments in Family Therapy: Integrative Models; in Family therapy: concepts and methods. 7th Ed. Boston: Pearson/Allyn Bacon.

Robert Reich’s “Supercapitalism” Chapter 2 Analysis

Robert Reich’s â€Å"Supercapitalism† Chapter 2 Analysis Richard (Ben) Dowden Analysis of a chapter from Robert Reich’s â€Å"Supercapitalism† Outline of Reich, chapter 2 Argument outline of Reich, chapter 2 Overall argument Since the 1970’s competition between corporations grew as technology developed, American companies began to pursue profit to remain competitive resulting in supercapitalism triumphing over democratic capitalism. Reasons Globalisation, new production processes and deregulation increased competition giving consumers and investors more choices. Increase in investor culture drove companies to compete for shareholders (i.e. highest possible profits) regardless of their social responsibility. The decline in union membership as a result of pursuits in profit has led to the decline of power workers have over their employers, the corporations. Evidence for reason 1 In Section 2 (pp. 56-60), Reich describes how technology developed for use in the Cold War had influence over American business. He asserts the technology had three indirect outgrowths: globalisation, new production processes and deregulation (p.60). He argues that each of these outgrowths increased business competition giving concrete evidence for each in the following sections. Section 3 (pp. 60-63) argues that globalisation has reduced the cost of overseas trade creating opportunities for global supply chains. Reich states that the Vietnam War resulted in the growth of commercial, global logistics. Reich gives concrete evidence of how seven new containership companies entered the market in the year following the war and how industry grew at a high rate thereafter (p.61). Moreover, Reich argues this created the concept of global supply chains. Reich notes the great increase in American imports from American owned overseas factories between 1969 and 1983 (p.62). He then gives examples describing large companies’ global supply chains (p.62). Section 4 (pp.64-65) argues new production processes trumped the economies of scale used by the oligopolies resulting in a marketplace growing in complexity. Reich gives examples of how new production processes allows specialisation. He explains how standardised steel gave way to specialised galvanised steels designed for a niche market (p.64). Furthermore, a huge brand like Coca-Cola faced a variety of specialised drinks taking away Coca-Cola’s market share (p.65). In section 5 (pp.65-70) Reich argues that as businesses innovated, new profitable, yet restricted opportunities were discovered within regulated markets, companies lobbied for deregulation, driving competition. Reich states that in some cases, deregulation put companies out of business since they lost the cross-subsidies from other previously regulated, profitable companies. He gives evidence of the Bell System’s segmented telecommunication companies based in the country becoming unviable, opening business opportunities to smaller, extremely competitive companies (p. 68). Furthermore, trucking and airline deregulation led to added competition, particularly in freight (p.69). Evidence for reason 2 At the end of section 5 (pp.65-70) Reich quotes Edward E. Furash stating that due to the change in psyche in American’s management of wealth, the American financial system will shift towards competing for investors (p.70). Reich describes the financial deregulation of banking giving new opportunities to investors among others he gave evidence of stock broker, Merrill Lynch setting up mutual funds (p.67). Reich seems to contribute the increase in investment choice and effectiveness because of deregulation to savers becoming investors. Reich backs the claim with statistics at the start of section 6 (pp.70-75) citing the increase in percentage of households owning stock (pp.70-71). Reich goes on to say this also coincided with the bull market of 1980-2000 (p.71). His overall argument here is that companies had to compete for investors which meant maximising returns. Reich gives evidence of how profit margins rose from the beginning of the 1980 to 2000 at a high rate of change (pp.72-73). He also gives evidence of how the number of companies that ran at lower profit margins that were subjected to hostile takeovers increased by a factor of 11 from the 1970’s to the 80’s (pp.73-74). In Section 7 (pp.75-80), Reich begins by quoting the former CEO of Coca-Cola stating companies have the sole responsibility of generating returns for their investors (p.75). He continues to point out a CEO’s job security is increasingly attributed to the company’s stock price recommendation. 50% of CEOs’ company’s stock was downgraded in investment recommendation were fired in the following six months (p.76). Reich uses evidence of how 60% of senior executives in the Fortune 500 companies had been at their firm for fewer than six years (p.76). His argument is that CEO’s no longer have room to worry about the social consequences of their organisation. He uses the example of Malden Mills, a family-owned textiles company which ran at a loss manufacturing in New England. Their CEO did not want to close the factory since the local economy had high dependencies on it – he was eventually sacked by the company’s creditors (p.79). Evidence for reason 3 Section 8 (pp.80-86) focusses on the decline in union membership starting from the 1970’s. He cites evidence from the U.S. Bureau of Labor Statistics of how union membership rapidly declined beginning in the 1970’s (p.80). He explains this is a consequence of employers contesting unions, giving concrete evidence of this through the decrease of uncontested union elections (p.80). Reich also gives evidence of how the rate of illegal dismissals of union members rose through the 1970’s and into the 90’s (p.81). Reich’s explanation for corporations’ behaviour was related to cutting the costs of the payroll to remain competitive as consumers and investors looked for the cheapest deal. Reich gives concrete evidence of how the nonunionised sector of the American economy grew at a greater rate than the unionised sector (pp.82-83). This increase in opposition arising from nonunionised companies forced unionised corporations fight the unions to remain competitive. Reich uses evidence from a range of industries to describe this citing: the air travel industry (p.83), the ‘Big Three’ American car manufacturers (pp.83-85) and the construction industry (p.85). Reich goes on to explain how the public services sector was never unionised, consequently suffering low wages. Reich uses the evidence of how members of the public services industry went on strike responding to their wages being cut as anti-union Wal-Mart entered their industry (p.86). Reflection: How the chapter intersects with my life The chapter reaffirmed my own opinion that wealth distribution in developed nations, particularly America’s, is unequal. It shows that while deregulation may improve its GDP per capita, it doesn’t guarantee a higher quality of life. In fact, in more regulated economies like in Scandinavia, quality of life indicators are higher since wealth distribution is far more equal (Wilkinson Pickett, 2009). The chapter is interesting, considering the debate surrounding the deregulation of tertiary education in Australia. It does give universities ability to form an identity, which is a way of saying it encourages elitism. After all, a university’s ‘prestige’ is generally attributed to how well-endowed it is. But is it just the first step to university privatisation? Will universities eventually just pursue profit like companies? List of references Reich, R., 2008. Supercapitalism. New York: Alfred A. Knopf. Wilkinson, R. and Pickett, K., 2010. The spirit level. London: Penguin Books.

NYLON Essay examples -- essays research papers

An incredible event happened in the 1930 ¡Ã‚ ¯s that has changed lives ever since. That event, the creation of nylon, has manipulated the way people dress and live their everyday lives. It even provided more employment opportunities and job improvements throughout the years. A team of DuPont researchers, led by Dr. Wallace Hume Carothers, invented the first synthetic material, nylon, in 1934 (Adams 21). They were searching for an artificial replacement for silk when they drew out an elastic string from plastic, creating nylon. There are two popular ways of creating nylon for fiber applications. One,  ¡Ã‚ °molecules with an acid (COOH) group on each end are reacted with molecules containing amine (NH ©Ãƒ ¼) groups on each end. ¡Ã‚ ± The nylon 6,6 is made in this fashion. The other common way of making nylon fibers is by polymerizing a compound containing an amine at one end and an acid at the other, to form a chain with reoccurring groups of (-NH-[CH ©Ãƒ ¼]n-CO-)x. If the x=5, the fiber is named nylon 6 (Nylon Fiber). This new invention had many better qualities and/or abilities than any other material in use already. Nylons are mostly known for their abilities to be dyed, to be unharmed by many kinds of household cleaning products or greases and oils, its rapid drying time, and above all, its silk-like appearance (The World Book). Nylons ¡Ã‚ ¯ tensile strength is greater than that of cottons, rayon, silk, and wool (Encarta). They also have characteristics that include elasticity, easy to clean,...

conscience :: essays research papers

Conscience   Ã‚  Ã‚  Ã‚  Ã‚  Decisions that add or take away from their love for God, love of self, or love of neighbour is the job of every conscience. All people are faced with moral and immoral choices in every day life. What helps solve ones problem is their conscience. There are three things that help one develop their conscience. They are the teachings of the magisterium, tradition and scripture.   Ã‚  Ã‚  Ã‚  Ã‚  The Magisterium. The Catholic faith tells one that if one follows the Church’s teachings on moral issues, one will become a more loving and Christ- like person. A Catholic has a responsibility to pay attention to what the church teaches and take into consideration how this will affect our relationships with God. When one solves a problem through magisterium, one must solve this problem with humility. This means that one can admit that they need help, and turn to the Catechism of the Catholic Church to help solve the problem. When one does this, it is difficult to admit to God and the Church that one needs help.   Ã‚  Ã‚  Ã‚  Ã‚  Scripture. Another teaching that helps develop a person’s conscience is scripture. Scripture is the teachings of God and Jesus in the bible. Scripture helps to solve problems because it reminds one of the moral problems Jesus faced. The teachings of scripture have set guidelines on how a person may solve a problem. This helps one to analyze their own problems and relate them to the teachings of Jesus, God and the bible. The Scripture teaches one what to do in a Christ- like way.   Ã‚  Ã‚  Ã‚  Ã‚  Tradition. Tradition is the third thing that helps one develop their conscience. Tradition sometimes makes it difficult for a person to solve a problem through magisterium and scripture. Tradition is the way the world around us is and a person is often influenced by their society. When one is faced with moral dilemma and the decision is based on tradition, it can make us further away from God. These decisions are normally based on family and friends doing the same thing, and one may feel that they should do something, because everyone else is.   Ã‚  Ã‚  Ã‚  Ã‚  Magisterium, Scripture and Tradition are the three important components that we take into consideration when facing a problem. They shape and develop ones conscience.

The Man Who Is Endowed with Magic Essays -- Biography, Walt, Walt Disn

â€Å"You won’t find anyone who can really explain the magic of Walt,† said Peter Ellenshaw—a Disney artist. â€Å"People see him either in black or white, but he was an extraordinary mixture. He was a common man who was endowed with a touch of magic† (Greene 6). This magic led Walt on one of the most extraordinary adventures anyone could ever wish to live. Walt grew up traveling from place to place as his father, Elias, worked day and night to make sure his family was fed and comfortable. Elias worked Walt’s two other brothers such ferocity that they ran away with the money they had been saving. Without the two brothers, Walt’s father’s dream of the farm life shattered. Soon after, Elias caught typhoid fever and became unable to work on his farm again, so they moved. The move took a toll on Walt. His father had him waking up at 3:30 am to deliver papers, a two-hour task. After delivering, he went to school. Then, he delivered papers for two more hours. Delivering the papers affected Walt’s school performance; he was yet again held back in the second grade, which made him almost two years older than his classmates. This action might have caused a rebellious action from most children but not Walt. His mother’s loving touch kept him in high spirits. As Greene said in The Man Behinf The Magic: The Story of Walt Disney, â€Å"If Walt was endowed with a touch of magic, his mother was the person who wielded the magician’s wand† (15). This magic and perseverance would play key roles in Walt’s life. Walt Disney had interests in many areas. One knack he had was recreating cartoons. One classmate recalled, â€Å"He wouldn’t just copy what was in the newspaper, either,† rather he would add his own features with the original as the templat... ...rporation went onto produce Alice in Wonderland, Peter Pan, and Pinocchio to name a few. Although Disney’s interest might have faltered, his heart never did. His love for his employees drove him to become almost bankrupt. His love for his family led him to be one of the greatest fathers. One of his daughters, Sharon, stated, â€Å"we weren’t raised with the idea that this was a great man. He was Daddy. He went to work every morning. He came home every night† (Greene 77). His love for his work led him to become one of the best animators of all not, if not arguably the best. As his best friend, Walter Pfeiffer, said, â€Å"Walt was enthused about everything. He was one hundred percent interested in everything he did† whether it be his home life or his work. Truly, his magic inspired each animator to have the save magic even after some of his heart left the company.

Cinderella Not a Love Story Essay

A very common fairy tale that we have grown up hearing is the story of Cinderella, a poor girl whose dreams of marrying a prince and living happily ever after, finally comes true after many years of wishing upon a star. Individual writers of the â€Å"Cinderella† story may alter the story, but the general concept is always the same. This classic story has been told to millions of children and is known as a great romance. A romance is supposed to have suspense, anticipation, and a deep connection between the two characters that have and/or are falling in love with each other, and Cinderella is none of those. â€Å"Cinderella† is a great rags to riches story, but it is far from a romance. Cinderella is a 17 to 22 year old girl that suffers from an abusive home life. The abuse Cinderella suffers from is mainly verbal; however, some things in the story could defiantly be considered physical abuse. The abusive is inflicted by her two step-sisters and her step-mother. Since Cinderella’s mother died when she was a small child it is assumed that she looks to her step-mother for approval the way young girls look to their mother for approval. Depending on the version of â€Å"Cinderella† you read her father is either dead, or he is a spineless man who does not protect her from her step-mother and step-sisters. Do to the abusive living environment, Cinderella is looking for a way out, like any young girl would be, that is required to do all the house hold chores and is treated poorly. When Cinderella hears about the ball she wants to go, but deep inside her she knows that she will not be allowed. In Charles Perrault’s â€Å"Cinderillon† a fairy godm other appears, that helps Cinderella in going to the ball. Cinderella knows that if she makes a good impression on the prince that he may want to marry her, which would give her a way to escape her horrible living environment. In Perrault’s and may other version of â€Å"Cinderella† the prince and Cinderella dance until midnight they do not engage in any conversation nor do they kiss. They only simple of affection here is that the prince does not allow anyone to cut in there dancing. When the clock sticks midnight Cinderella leaves quickly because all the fairy godmothers magic is about to wear off. Cinderella accidently leaves behind a glass slipper. If Cinderella didn’t lose the glass slipper the story would be over. That does not show true love. The prince vows to marry the women the glass slipper fits. It’s hard to believe that in the whole kingdom that the slipper wouldn’t fit anyone else. A few things to think about here are what would have happened if the slipper did fit another and what if the slipper was not left. It is hard to believe that the prince loves Cinderella if he cannot recognize her without the glass slipper fitting her foot. In modern day that would be like saying that one’s husband cannot recognize her without her makeup on. If you love someone to the point that you want to share your life entire life with them then you should be able to recognize them regardless of minor changes such as dressed-up or just done rolling in the dirt.