Thursday, January 30, 2020
Eu Law Synopsised Judgment of Marshall Essay Example for Free
Eu Law Synopsised Judgment of Marshall Essay The case of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 arose in the United Kingdom. It concerned a Miss Marshall who had been employed as a Senior Dietician with the Southampton and South West Hampshire Area Health Authority (Teaching) from the 23rd of May 1974 until her dismissal on the 31st of March 1980, that is to say four weeks after she reached the age of 62. Since 1975 the Southampton and South West Hampshire Area Health Authority (Teaching) had a written policy of that in general, its female employees should retire at 60 while its male employees should retire at 65. The policy stated that ââ¬Å"the normal retirement age will be the age at which social security pensions become payableâ⬠. The policy was an implied term of Miss Marshallââ¬â¢s employment contract. Miss Marshallââ¬â¢s employers waived this general policy in the case of Miss Marshall. If her employers had not done this, then she would have been dismissed on the 4th of February 1978 (upon reaching the age of 60) but was in fact employed until the 31st of March 1980 (four weeks after she reached the age of 62), therefore her employer waived theyââ¬â¢re general retirement policy in respect of Miss Marshall for two years. The applicable pension legislation in the United Kingdom at the time of the dismissal stated that men were eligible to receive a state pension at the age of 65 and that women were to receive state pensions from the age of 60 (Section 27 (1) of the Social Security Act 1975). However this legislation does not impose any obligation to retire at the age at which the state pension becomes payable and when a person continues in employment after the date when their state pension becomes payable, the payment of the pension is deferred. According to the order of reference, the sole reason for the dismissal of Miss Marshall was the fact that she was a woman who had passed the retirement age applied by her employer to women. In view of the fact that she suffered financial loss consisting of the difference between her earnings as an employee of her employer and her pension and also since she lost the satisfaction she got from her work, Miss Marshall instituted proceedings against her employer in the Industrial Tribunal. She contended that ââ¬Å"her dismissal at the date and for the reason indicated by her employer which was that she was a woman who had passed the retirement age applied by her employer to women constituted discriminatory treatment by her employer on the grounds of sex and ,accordingly, unlawful discrimination contrary to the Sex Discrimination Act and Community lawâ⬠. Her claim was dismissed by the industrial tribunal as it was based on the ââ¬Å"infringement of the Sex Discrimination Act 1975, since section 6(4) of that Act permits discrimination on the grounds of sex where it arises out of provision in relation to retirement ; the Industrial Tribunal took the view that the employers general policy constituted such provisionâ⬠but her other claim that the principle of equality of treatment laid down by directive 76/207 had been infringed was upheld by the industrial tribunal. Miss Marshall appealed this case to the Employment Appeals Tribunal and they upheld the decision of the Industrial Tribunal as regards that the claim was based on the infringement of the Sex Discrimination Act 1975, since section 6(4) of that Act permits discrimination on the grounds of sex where it arises out of provision in relation to retirement but in relation to the second question, the Employment Tribunal set aside the question of whether the dismissal violated the principle of equality of treatment laid down by Directive 76/207, because although it did violate directive 76/207, the Employment Appeals Tribunal said that an individual could not rely on an infringement of a directive before a United Kingdom Court or Tribunal. Miss Marshall appealed the decision of the Employment Appeal Tribunal to the Court of Appeal of England and Wales. The Court of Appeal stated that Southampton and South West Hampshire Area Health Authority (Teaching) was ââ¬Å"constituted under section 8(1)A(b) of the National Health Service Act 1977 and was therefore an ââ¬Å"emanation of the Stateâ⬠â⬠. The Court of Appeal of England and Wales referred two questions to the Court of Justice for a preliminary ruling, for an interpretation of European Union law. These questions were; 1. Whether the dismissal of Miss Marshall after she was sixty and on the grounds that she was a woman who had passed the retirement age applied by the Southampton and South West Hampshire Area Health Authority (Teaching) to women was discrimination which was prohibited by the Equal Treatment Directive 76/207. 2. If the answer to question one is yes, can the Directive 76/207 be relied upon in this case in national courts or tribunals in spite of the fact that there may be inconsistencies between the Directive and section 6 (4) of the Sex Discrimination Act 1975. The appellant (Miss Marshall) and the European Commission considered that the first question must be answered in the positive. The appellant argued that the said age limit falls within the term ââ¬Å"working conditionsâ⬠within the meaning of articles 1 (1) and 5 (1) of Directive 76/207. Furthermore the appellant argues that the discrimination on the grounds of sex is one of the main reasons for having fundamental human rights and therefore the general principles of EU community law, and the exceptions to these principles must be interpreted strictly, moreover the exception provided for in Article 7(1) of Directive 79/7 is not relevant. The respondent (Southampton and South West Hampshire Area Health Authority (Teaching)) maintains as regards the first question, that the laying down of different ages at which you can compulsory terminate a contract just reflects the minimum ages stated by the State Social Security Scheme in the U.K. The respondent also considers that the state pension does not fall under directive 76/207 but is an aspect of social security and therefore falls under the directive 79/7 in which member-states can impose different ages to entitlement. The Court of Justice decided on the first question that the directive it fell under was Directive 76/207 as the question it was referred concerns the fixing of an age limit as to when to terminate employment following a general policy of dismissal. The question therefore relates to the conditions and rules governing dismissal. The court further stated that Article 5 (1) of Directive 76/207 provided that men and women are entitled to equal treatment in working conditions which includes conditions governing dismissal meaning that men and women are guaranteed the same working conditions without discrimination on grounds of sex. Following a policy of compulsory dismissing workers even if they get a retirement pension still falls under the term ââ¬Å"dismissalâ⬠. The Court summed up the answer to the first question in saying that article 5 (1) of Directive 76/207 must be interpreted in meaning that having a policy whereby you dismiss a person for the reasons being that she is a women who has reached the age of qualifying for a state pension, when the age is different for men as it is to women, constitutes discrimination on the grounds of sex, contrary to Directive 76/207. The Court of Justice realised that since the answer to the first question was yes, then it is necessary to consider whether the appellant can rely on Directive 76/207 specifically Article 5 (1) of that directive in national courts and tribunals (Direct Effect). The appellant stated in their argument that ââ¬Å"directives are capable of conferring rights on individuals which may be relied upon directly before the courts of the member-States; national courts are obliged by virtue of the binding nature of a directive, in conjunction with Article 5 of the EEC Treaty, to give effect to the provisions of directives where possible, in particular when construing or applying relevant provisions of national lawâ⬠. The appellant also stated that articles 2 (1) and 5 (1) of Directive 76/207 was sufficiently clear to let the courts apply them, a view which the commission shared with the appellant. The respondent stated in its argument that the directive should not have direct effect as directives can never impose obligations on individuals and that it can only confer obligations on a member state in its capacity as a public authority and not as an employer and finally it would be improper to put persons employed by the state in a better position than those employed by a private employer. The respondent also stated that the articles in Directive 76/207 were not clear and unconditional enough to give rise to direct effect. In answering the second question, the Court of Justice stated that it does not matter whether the state is an employer or a public authority when an individual is relying on a directive against a member state in legal proceedings. This is necessary to prevent the state taking advantage of its own failure to comply with community law. The Court of Justice stated that the articles in the Directive 76/207 are sufficiently precise and clear in that they prohibit ââ¬Å"any discrimination on grounds of sex with regard to working conditions, including the conditions governing dismissal, in a general mannerâ⬠. Where a state fails to implement a directive by the end of the time period given, and if the provisions of the directive are unconditional and sufficiently precise, the Court of Justice ruled that the directive may be relied upon against the state, because otherwise it would not be compatible with Article 189ââ¬â¢s binding nature on directives. The Court of Justice answered the second question in saying that Article 5 in Directive 76/207 which ââ¬Å"Prohibits any discrimination on grounds of sex with regard to working conditions, including the conditions governing dismissal may be relied upon as against a state authority acting in capacity as an employerâ⬠. The Advocates Generalââ¬â¢s opinion concurred with the judgement of this case. The legal significance of this case is that an individual may only rely on a directive in a national court when suing a public body but the term public body has been given a wide interpretation by the European Court of Justice. Although Direct Effect was founded originally in the Case 26/62,Van Gend en loos [1963] ECR 1, in the Marshall case we have just looked at, the vertical nature of the directive meant that Marshall could take advantage of it, although an employee in the private sector would not have been able to. This would seem to give public sector employees an unfair advantage over their private sector counterparts, but this glitch in EU law was fixed by the subsequent Case 14/83 Von Colson Kamann v Land Nordrhein-Westfalen which established the doctrine of Indirect Effect which is a mechanism of effectively using indirect means, to give a directive horizontal effect for all employees. Bibliography Cases 1. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 [ 1 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 3, line 11. [ 2 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 11, line 37. [ 3 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 11, line 36. [ 4 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 11, line 51. [ 5 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 15, line 37 [ 6 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 17, line 2. [ 7 ]. Judgement of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. 688 page 17, line 19.
Wednesday, January 22, 2020
Margin Call Directed by J.C. Chandor Essays -- film analysis
Margin Call (2011) Margin Call is a 2011 film that seeks to give viewers a deeper perspective of the financial crisis that hit the United States in 2008. The film was written and directed by J.C. Chandor. It s depiction of the happenings on Wall Street has been described as the closest to the actual happenings during the financial crisis. In this film, the main characters are faced with a moral challenge and they act according to their personal world views. Personal financial needs are put before the clients needs. The questionable manner in which the characters act put the employees on Wall Street on a cross road. It is a difficult balancing act between protecting oneself and protecting others. The decisions made by characters in this film create an opportunity for people to discuss the balancing act between self preservation and killing the dreams of the masses. From the beginning, the film is filled with controversial decisions. First, the firm that is depicted in this film decides to lay off most of the employees in the firm leaving only 20% of the workers. However, the firmââ¬â¢s managers do not lay off the workers personally but hire another firm to do this. Without prior warning, the mass layoff takes place in a rather insensitive manner with employees expected to leave immediately. First, the decision by the company to lay off the people without warning is a questionable decision. Though they are offered a severance package, the employees are traumatized by the lay off. Having reported to work just like a normal day, none of the employees expect that they are going to lose their jobs on this particular day. Therefore, it is a surprise when the hired human resource team comes in and explains to the employees that they no long... ...ce of money at whatever costs. At the end of the day, the managers watch as more people are laid off as the crisis continues. In conclusion, I disagree with the decisions made by the main characters in this film. Their predicament is tough to say the least, but it does not warrant the decisions they make. They choose to follow a route with the full knowledge of the problems it will cause to other people. The decisions made are motivated purely by money and the need to self preserve and protect. The drive behind the sale of worthless assets is for the company to remain afloat even when clients suffer losses. It is dangerous to make decisions driven by money and selfishness. It leads to guilt as it causes endless pain to other people. Therefore, these characters could have chosen the alternative option of protecting their clients as opposed to protecting themselves.
Tuesday, January 14, 2020
Zara & Pandora Recommendations
Zara case Zara uses a vertically integrated system (VMS): In this system, wholesalers, retailers and distributors work as a unified system. One channel owns the others. They have a corporate VMS system, because Zara has managed to build a system that is controlled from the headquarters and it allows a quick response to decide and solve problems. Inditex, Zaraââ¬â¢s parent company owns most of the resources to design, produce and distribute.Recommendations: Instead of doing everything themselves, Zara could train their managers in the local stores to already make quick decisions than to just send many ideas to the main headquarters in Spain and let them decide what is best. So spread the decision making process among their local stores. Zaraââ¬â¢s vertical integration has many advantages, but there is a drawback for Zara as they focus distributing small batch quantities and do not receive any discounts on manufacturing large quantities. PandoraValue Chain Analysis describes the activities that take place in a business and relates them to an analysis of the competitive strength of the business. The activities of a business could be grouped under two headings: Primary Activities ââ¬â those that are directly concerned with creating and delivering a product. -Inbound logistics: All the raw materials are collected from their distributors and in Pandoraââ¬â¢s case these are the songs from musicians. ââ¬â Operations: is transforming the raw materials into a finished product and service.Pandoraââ¬â¢s software gets smarter through the listenerââ¬â¢s inputs of likes and dislikes and marks them as unique playlist for that same user. ââ¬â Outbound logistics: All those activities associated with getting finished goods and services to buyers. Pandora has pushed the music service into a variety of channels, including apps for smart phones and tablets as well as through home entertainment systems such as video game players, DVD players and Internet ra dios. ââ¬â Marketing & Sales: Essentially an information activity ââ¬â informing buyers and consumers about products and services (benefits, use, price etc. Pandora informs their listeners firstly through web page, and then music has become more mobile. Pandora has formed strategic partnerships to push their music service into different channels, such as apps for smartphones and tablets, as well as through video game players, DVD players and Internet. Since listening to music goes through the radio, Pandora has also collaborated with new car brands. ââ¬â Service: All those activities associated with maintaining product performance after the product has been sold. The service plays musical selections of a certain genre based on the user's artist selection.The user then provides positive or negative feedback for songs chosen by the service, which are taken into account when Pandora selects future songs. Recommendation: The client should have more possibilities to have an o pinion on the music instead of likes and dislikes. So after each opinion they have, they get a small questionnaire. Global market The activity of buying or selling goods and services in all the countries of the world, or the value of the goods and services sold. Global marketing is sometimes used to refer to overseas expansion efforts through licensing, franchises, and joint ventures. Zara got stores all over the world.If the designers design new clothes, it will come in all the stores. Zara does most of the things by themselves, like making their own fabric, produce their own clothes and having their own designers. Recommendation Zara could create a joint venture with distributors in the markets such as Asia or the US, to produce the products for them. Support Activities, which whilst they are not directly involved in production, may increase effectiveness or efficiency. Procurement: When the raw material is purchased together with other inputs to create value to the product and su pport the value chain activities.In the case of Pandora the raw materials purchased are the songs from musicians. ââ¬â Technology development: Includes research and development, process automation, and other technology development to support the value chain activity. For Pandora they have an automated software-driven machine that discerns the types of music and places them in genres. ââ¬â Human Resource Management Using people as a resource to support the value chain. Young analysist analyze of the music by a professional musician to analyze and decode them in different genres.Young analysts sit together with senior analysts to encode the music and add features to differentiate its service. ââ¬â Firm Infrastructure Includes activities such as finance, strategic planning and control, general management, etc. Pandora is mostly focused on strategic planning ; control, because they have to critically analyze their songs they get delivered from musicians. This takes a lot of time and need be planned strategically. Strategic planning is then linked to general management. Recommendation: Pandora can hire more junior analyst which can be trained to become senior analyst so that the work is divided.
Monday, January 6, 2020
Victorias Secret Marketing Plan - 6238 Words
Victoriaââ¬â¢s Secret Dominika Wolfova dominickaaa@yahoo.com MK 300 ââ¬â Principles of Marketing Ivan Ã
½Ã ¡ry Marketing Plan Jun 4, 2010 Table of Contents Executive Summary Marketing Objectives Products or Services Resources Needed Projected Outcomes Company Description Strategic Focus and Plan Mission/Vision Goals Core Competency Situation Analysis Internal Focus Strengths Weaknesses External Focus Opportunities Threats Industry Analysis/Trends Competitor Analysis Company Analysis Customer Analysis SWOT Analysis Summary Market ââ¬â Product Focus Marketing and Product Objectives Target Markets Points of Difference Positioningâ⬠¦show more contentâ⬠¦Projected Outcomes Victoriaââ¬â¢s Secret goal is to increase its profits by 10% and also to maintain and gain customersââ¬â¢ loyalty and their satisfaction. Companyââ¬â¢s main goal is to maintain existing customers and gain new ones. Victoriaââ¬â¢s Secret is very profitable and well-known brand all over the world and especially in US. Therefore, by launching this new line, Victoriaââ¬â¢s Secret does not necessarily aims for enormous increase in profitability but increase in customer-company relationships. Company Description Victoriaââ¬â¢s Secret is a retail store, which offers a wide range of lingerie, beauty products, clothes and accessories. Victoriaââ¬â¢s Secret is owned and run by the Limited Brands Company. It accounts for more than 50% of Limited Brandsââ¬â¢ corporate profits. Victoriaââ¬â¢s Secret owns more than 1000 stores all over the United States. It is the most popular brand of lingerie in the US. Roy Raymond in the area of San Francisco founded Victoriaââ¬â¢s Secret during the 1970s. Roy Raymond had an idea of turning the classic underwear into luxurious and stylish fashion. Victoriaââ¬â¢s Secret underwear differed from classical department storesââ¬â¢ underwear because of its color, material, pattern and style. Victoriaââ¬â¢s Secret is very popular in the United States. Moreover, Victoriaââ¬â¢s Secret has over 300 stores in Canada and sells products worldwide through theirShow MoreRelatedVictorias Secret Marketing Plan6244 Words à |à 25 PagesVictoriaâ⠬â¢s Secret Dominika Wolfova dominickaaa@yahoo.com MK 300 ââ¬â Principles of Marketing Ivan Ã
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