Chirnside v Fay

Chirnside v Fay I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping and Blanchard JJ took very different approaches to the issue of whether or not to grant an equitable allowance to the defendant. This essays primary aim is to provide a detailed description of their Honours differing opinions as to that issue and also outline the authors own opinion as to what approach should be adopted. This essay starts with a brief description of the fact situation and the general law behind equitable allowances. It then describes the differing approaches taken in Chirnside . Next, the author makes a principled argument that the broad approach should be preferred when considering whether or not to grant an allowance. II Analysis of Chirnside v Fay A Fact Situation The plaintiff, Mr Fay (MF), and the defendant, Mr Chirnside (MC), were both property developers. They had known each other since the early 1980s and in 1997 decided to enter into a project together in respect of an old building. They had Harvey Norman (HN) in mind as the potential anchor tenant. Although MF made the initial contact with HN MC became almost solely responsible for dealing with them and entered into a conditional contract in his name only. HN made the final commitment to the project on 7 July 2000. By that time MC had gone cold on MF, largely due to his limited involvement. Instead of telling MF this MC intended to complete all the transactions through Rattray Ltd while convincing MF that he himself was no longer involved. MF argued that there had been a partnership and that he was entitled to proceeds, which was denied by MC. The project was ultimately completed. MF sued. By the time this case got to the Supreme Court the only viable cause of action that MF had was breach of fiduciary duty. The Supreme Court was unanimous in finding that MC had breached his fiduciary obligations. B Equitable Allowance There is a presumptive requirement that once a breach of fiduciary duty has been established the errant fiduciary must disgorge all profits made by dint of the breach. That is commonly referred to as the no-profit rule. There are two main exceptions to that rule. The first is where there has been some antecedent agreement for profit sharing. The second is where the court decides to exercise its discretion to grant the errant fiduciary an allowance for their skill, labour or expertise in making the profits. The onus is on the defendant to satisfy the court that an allowance should be made. In Chirnside there was an antecedent profit-sharing arrangement between the parties. Because of that agreement MC was entitled to a deduction of 50 per cent to the amount he had to account to MF. In addition to that, MC argued that he was entitled to an allowance due to the effort he exerted in gaining the profit from the joint venture. There were two different approaches taken to this issue both in regards to the actual law itself and the application of it. 1 Elias CJ Elias CJ took a strict approach to the issue of when an allowance should be granted. Her Honours main point was that allowances should remain exceptional, as Lord Templeman and Lord Goff in Guinness Plc v Saunders suggested they should be. She expressed the view that an allowance should generally only be permitted if the fiduciarys breach was wholly innocent and the beneficiary was-wholly undeserving, as in Boardman v Phipps . She accepted, however, that there had been cases where allowances had been granted despite the fiduciary not being blameless. She was of the opinion that the allowances were granted in such cases due to the fiduciary creating extraordinary profits outside the scope of what was envisaged in the fiduciary relationship while not having committed any significant wrongdoing. To evidence this point she analysed the cases of OSullivan v Management Agency , Estate Realties v Wignall , Badfinger Music v Evans , and Say-Dee v Farah Constructions . She suggested that in t hose cases the fiduciary had created substantial and unexpected profits and in most of them the wrongdoing was mere non-disclosure, which supported her proposition. Thus, she was of the view that an allowance could only be granted here if MC could show that he was wholly innocent and MF was-wholly undeserving or that he created extraordinary profits, essentially outside the scope of the fiduciary undertaking, while not having committed any significant wrongdoing. She then applied that reasoning to the facts. She held that MC had committed significant wrongdoing because by actively concealing his breach of duty at a vital time he had directly undermined the obligation of loyalty which is the cornerstone fiduciary obligation. Moreover, she was of the opinion that the work which MC had done was expected of him and thus was within the scope of the joint venture giving rise to the fiduciary obligations. Based on those two findings she denied MC an allowance. She did, however, make two additional points. Firstly, she saw no significance in the fact that MCs work had been undertaken before he had committed the breach because he was required to account for all profits made through the opportunities he obtained as a fiduciary which covered the whole joint venture. Secondly, the fact that MC was entitled to a 50 per cent deduction by dint of the antecedent agreement was important to her because she felt that if an allowance were to be granted he would essentially be receiving the full benefit he might have expected had he been wholly loyal which would significantly undermine the obligation of loyalty. 2 Tipping and Blanchard JJ Tipping and Blanchard JJ took a broad approach to the issue of when an allowance should be granted. They expressed the view that what a court should consider is whether, on the overall balance of the equities between the parties, it is fair and just to grant an allowance. In considering that, all the relevant circumstances must be taken into account. The essence of this exercise was to come to a fair conclusion as to what the fiduciary had to account. Thus, unlike Elias CJ they were of the opinion that the significance of the defendants breach and the personal input that they put into creating the profits were only factors to be taken into account rather than criteria that had to be satisfied. However, they did emphasise the need for restraint when calculating the amount of an allowance. That is, they expressed the view that the amount of allowances should generally not be liberal in order to deter others from committing breaches of fiduciary duty. Their main authority for this appro ach was OSullivan , Warman International , Estate Realities , and Murad v Al-Saraj . They analysed Saunders , which was a crucial case for Elias CJ, and distinguished it based on the finding that the obligations in that case were expressly accepted whereas in this case the obligations were imposed. They stated that it would be unfair and conflict with the pillars of equity to apply such a strict approach as was done in Saunders in a case such as this. They then applied that reasoning to the facts. There were four key factors which led to them ruling that it was fair and just to grant MC an allowance. Firstly, they held that MCs breach was not significant because it was not fraudulent or dishonest and MC genuinely believed he was entitled to act as he did. Secondly, they held that most of MCs work was done prior to his breach of duty and as such the breach did not facilitate in any way the making of the relevant profit. This was relevant to them because due to that ruling there could be no suggestion in their minds that by granting an allowance the fiduciary relationship would be undermined by encouraging fiduciaries to act in breach of duty. Thirdly, they held that MC had contributed far more effort in bringing the joint venture to profit than MF. In particular, MC had incurred all legal and financial liability and engaged in most of the negotiations with HN on his own. Fourthly, had the project been completed with MF then it was clear that he would have agreed to recognise MCs disproportionate contribution in a reasonable way which would have probably included an element of disproportionate profit sharing. Having found that an allowance was suitable they then exercised restraint in calculating the amount of the allowance, which they ultimately considered to-be $100,000. 3 Conclusion Thus, the key distinction between these two approaches is that while Elias CJ believed it was necessary to keep allowances exceptional by adopting a strict approach based on general elements Tipping and Blanchard JJ considered the issue by asking a much broader question based on notions of fairness. III Authors Opinion as to the Appropriate Approach to Allowances Every court of equity has the broad aim of doing justice between the parties. Indeed, equity was originally developed in order to address the injustices that resulted from the strict application of common law rules and since then it has been consistently stated that equitable remedies must be fashioned to fit the nature of the case and its particular facts. It would be more consistent with these broad goals for the decision of whether to grant an allowance to not be based on general rules but rather on an overall assessment of the particular facts and the merits and claims of the defendant. That is because a court is much more able to come to a decision that is fair between the parties if it is able to take account of all the circumstances of the case and not be limited to discussing a couple of general issues as courts that adopt the strict approach are. While the major issues in deciding whether to grant an allowance will often be the moral blameworthiness of the defendant and the personal input that they put into creating the profits, which are the two issues addressed under the strict approach, there are other important issues that can only be properly taken into account under a broad approach. For example, the circumstances in which the breach occurred , the circumstances in which the gains or profits were derived , the beneficiarys reliance on the fiduciarys involvement in the arrangement , and the extent to which the defendant has already been compensated through professional fees . The case of Chirnside illustrates this point that in taking a broad approach the court is more likely to come to a decision that is fair and just. In Chirnside it was clear that although the plaintiff had breached his fiduciary obligations it would be unfair if he was not granted an allowance. That was because the defendant had almost singlehandedly brought the joint venture to profit and the plaintiff was originally going to compensate him for his significant efforts. Elias CJ took a strict approach to the case and due to its rigid nature she was unable to do justice between the parties. However, in taking a broad approach the main judgment was able to take account of all the circumstances and reach a fair and just decision. Thus, courts should use the broad approach because they will be more able to reach fair and just decisions and be more in line with foundational aspects of equity. Furthermore, a broad approach is more consistent with the important equitable maxim of he who seeks equity must do equity. That is, under a broad approach the court will always be able to recognise whether the profits to which the beneficiary is entitled are in the nature of a windfall and as such rule that the beneficiary should provide some recompense for the work that has produced it because equity is not in the business of unjustly enriching plaintiffs. Furthermore, the broad approach is a lot more flexible than the stricter approach and as Tipping J stated in Chirnside it is undesirable to adopt rigid equitable approaches unless the justification for such an approach is compelling. The reason for that is that one of the foundational aspects of equity was its remedial flexibility in that it was first developed to address the rigour and rigidity of the common law. The way in which one typically makes such an argument is to suggest that the rigidity of the stricter approach tends towards much greater certainty, which is particularly desirable due to the significant vulnerability and broad liability involved in the application of the approach, and as such it is necessary in the overall interests of justice to adopt a rigid approach. In this case, while adopting the stricter approach would create more certainty it is not particularly important to do so here because the burden of proof is on defendants who will have breached some of thei r obligations and allowances are usually modest. Accordingly, there is no compelling reason in this regard to adopt a stricter approach. An argument that is frequently postulated in favour of a stricter approach is that such an approach will be more effective in deterring fiduciaries from acting in breach of their duties. It seems farfetched to suggest that a defaulting fiduciary will not engage in certain behaviour for fear that it will be unremunerated. Indeed, many cases show that a fiduciary will engage in conduct in breach of duty regardless of the potential sanction. Moreover, if equitys true goal was deterrence then a defaulting trustee would not be allowed to retain a proportion of the profit made from acquiring an asset with mixed funds. Also, courts that adopt the broad approach still pay regard to this concern by exercising restraint when they calculate the allowance. Thus, it seems unsound to not adopt a broad approach based on notions of deterrence. It is sometimes argued that allowances should never be granted because the making of an allowance means that there is no sanction for the defendants conduct. This argument is ill-conceived. The purpose of an allowance is to properly fix compensation or damages on the basis of disgorgement of profits properly analysed, not to apply a sanction or punishment for the breach of duty. Conclusion In conclusion, it is clear that the approaches taken by Elias CJ and Tipping and Blanchard JJ are very distinct and will reasonably frequently lead to differing results, as in Chirnside itself. It is this authors opinion that the broad approach used by Tipping and Blanchard JJ is the more appropriate approach because it is more in line with foundational aspects of equity and the arguments in favour of the strict approach are not compelling enough to go against that. Given the main judgment in Chirnside , and Estate Realities , it is likely that the broad approach will be used in New Zealand for the foreseeable future.

Why Athens Lost the Peloponessian War

â€Å"They were beaten at all points and altogether; all that they suffered was great; they were destroyed as the saying is with total destruction, their fleet, their army; everything was destroyed and few out of many returned home. † (Thucydides, Peloponnesian War, 481) The Sicilian military campaign of Athens proved to be one of the most disastrous military campaigns in ancient times.The loss of thousands of soldiers and sailors, hundreds of vessels and vast amounts of money from the treasury reduced tremendously the Athenian ability to wage war; however, even in spite of such a loss, Athens was still able to prolong the war for nine more years until the Spartans defeated Athens in 404 B. C. The downfall of Athens came as a result of Spartan military operations, which destroyed the Athenian navy and cut off Athens from the supply of grain from Ionia. The decisive battle at Aegospotami in 405 B. C put an end to the Athenian empire and Athenian military power.There were many r easons for the demise of Athens, ranging from bad leadership and preparation for war to a lack of overall strategic concept for conducting the war against Sparta and its allies. All of these reasons contributed to the downfall of Athens in the Peloponnesian War; however, this paper will focus only on the failure of Athens to execute Pericles’s strategy. Athens lost the Peloponnesian War because of a failure to follow the strategy of Pericles, which ultimately led to reckless expeditions, ill-advised war decisions and loss of allies.Pericles was an Athenian politician and general during the time when tensions between Sparta and Athens were rapidly escalating. The two city-states were constantly feuding over interests and were unable to compromise on several issues such as the siege of Potidaea, Megarian decree, and allowing Aegina become independent. This unwillingness of both sides in turn, pushed the rival poleis into a war against each other, which marked the start of the f irst Peloponnesian War.Before the hostilities began, Pericles laid out a strategy before the council, which if Athens were to follow would lead to a favorable outcome over the Lacedaemonians. The principles of Pericles’ strategy centered on naval warfare, attrition and limited foreign engagements during the time of war. Pericles being a wise strategist and a general knew the strengths and weaknesses of Athens and their opponents Lacedaemonians. Athens could not match the Spartan superiority in the hoplite warfare; however, Athens was capable of destroying Sparta by conducting raids from the sea on Spartan territory.The Athenian maritime fleet became one of the most powerful fleets in the ancient world after the defeat of Persia. The Athenian navy consisted of hundreds of ships and thousands of sailors who over the years gained experience and became second to none in their craft. Their familiarity with the sea allowed Athens to sail anywhere and raise fortification against any enemy in their own land. Such an advantage over the seas prevented Athenian opponents from committing too many resources and soldiers against Athens because of the fear that Athens might strike while they were on an expedition.Furthermore, the domination of the seas allowed Athens to become wealthy from trading with her allies and colonies. The money made abroad combined with the tributes from allies allowed Athens to acquire means for prolonged wars. On the other hand, Sparta in the eyes of Pericles could not afford this luxury and had to fight shorter wars. â€Å"Spartans personally engaged in the cultivation of their land, had no private or public funds, the Peloponnesians are also without experience in long wars across the sea. (Thucydides, Peloponnesian War, 82) Pericles saw that Sparta can only gain land and money by battle, while Athens had plenty of islands where they received their resources from, which in turn did not require Athens to engage in many battles. In addition , Lacedaemonians were also limited by the type of alliance they were in, where each member had an equal vote. The group had to reach a consensus before they could act, while Athens made decisions and her allies followed. Pericles foresaw that the Peloponnesian League members in their war decisions would press for their own well-being instead of the common good.Therefore, when Athens would attack one of the allies of Sparta, Spartans would be put in a position where they had to choose to either to protect their allies and abandon the attack on Athens, or to continue the attack without support. That was the strategy of Pericles to defeat Lacedaemonians and their allies. By remaining in the city and conducting naval warfare, Athens would eventually reach a favorable outcome against the Spartans. Additionally, for as long as they abstained from new conquest during the war and kept their allies with them they had a good chance in winning the war.Following the death of Pericles in 429 B. C. the Athenian strategy for the war began to change. â€Å"Private ambitions and interests in matters apparently quite foreign to the war, lead them into projects unjust both to themselves and to their allies, projects whose successes would only conduce to the honor and advantage of private persons, and whose failure entailed certain disaster on the country in the war. † (Thucydides, Peloponnesian War, 126) Personal ambitions and interests were in many cases put before the common good.This change in the strategy was exhibited in many situations and the most prominent was the Sicilian campaign. It was not in Athens’ strategic interest to invade Sicily because the city was still struggling with enemies within their homeland. But, common good and the strategic interest of a polis were overshadowed by eloquent speeches of individuals who promised wealth and expansion of the Athenian Empire as the results of the expeditions. However, these expeditions proved to be more det rimental than beneficial to the city of Athens.The Sicilian campaign is the prime example of unnecessary expedition, which stemmed more from personal ambitions than overall interest of the city. Athens became involved in Sicily because of her alliance with Egesta, which was at war with Selinuntines. The Egestaeans called upon Athens to assist them in war not only because they signed an alliance and belonged to the same Ionian ethnic groups but also because of supposed danger that Syracusans the allies of Selinuntines posed to Athens. Egestaeans persuaded Athenians that if they would not act Syracusans would take over Sicily and than would join the Peloponnesians in attacking Athens.The envoys from Athens were dispatched to survey the situation in Sicily and when they returned Athens decided to join the Egestaeans in the war against Selinuntines and Syracusans. Few Athenians questioned the decision of the council, however, among them was Nicias the general who was leading the expedit ion to Sicily. Nicias argued that the expedition to Sicily would bring Athens more enemies and more problems. Athens needed to focus on the war with the Lacedaemonians and securing the empire they established and not to undertake new conquests. However, his arguments fell on deaf ears and Athens began to prepare for the expedition.Over five thousands hoplites and one hundred triremes were dispatched from Athens to Sicily in 415 B. C. The goal of the expedition was simple, to capture Syracuse, however, Syracuse stood its ground and the Athenian generals requested more soldiers and ships from Athens. Even with the reinforcements, Athens was unable to gain advantage over the Syracusans. The results of the expedition were disastrous and not what the Athenians had expected. Syracuse and their allies, with the help of Spartans were able to stop and later annihilate the Athenians in Sicily.The Athenian failure in Sicily reverberated across the Greek world, which led to more problems for th e Athenians. With the news of the defeat, not only did the enemies of Athens become more emboldened to take actions against Athens but also the Athenian colonies began to revolt which caused Athens both economic and political problems. Athens’ source of strength came from her allies and colonies. They did not only provide Athens with money in a form of tribunes but also supplied her with resources such as wood, silver or food.The Athenian alliance system was set up in such a way that it required everyone to contribute money, ships or men. These contributions were then put to use in the war by Athens. The contributions kept on coming in for as long as Athens could control her allies, however when Athens began to engage in battles and started losing them, the allies revolted. The allies and colonies began to revolt because Athens could no longer proceed with forces against them. Additionally, the treatment by Athens created resentment among the allies and colonies. The allies n o longer saw themselves as equals but as servants to Athens.When Lacedaemonians came through, their city’s majority changed sides because they believed that would receive freedom from by siding with Sparta. The revolutions of allies in many cases were also due to the bad treatment by Athens. After engaging in campaigns, which did not bring back the desired result, Athens pressed her allies for more tribunes and contributions. The poleis which did not want to pay more eventually revolted, than Athens was forced to put down the revolutions with force, which alienated the allies even more. The revolts and losses of allies had a profound impact on Athenian war efforts.Not only did they require Athens to diverge manpower and resources away from the war but also Athens was cut of from tribunes, which they badly needed after the failure in Sicily. â€Å"If you consent not to combine schemes of fresh conquest with the conduct of the war, and will abstain willfully involving yourselv es in other dangers, indeed, I am more afraid of our own blunders than of the enemy’s devices. † (Thucydides, Peloponnesian War, 85) The leaders of Athens and majority of the Athenian populace did not take the advice of Pericles to heart.Witnessing the destruction of the countryside from inside the Long Walls, many Athenians became enraged with Pericles’s strategy. People like Cleon and Alcibiades who promulgated more offensive and daring plans in the war, became leaders. With their promises of wealth, glory and fame, they were able to persuade Athenians to engage in unneeded expeditions. However, these expeditions only drew the attention away of what was actually needed to end the war. Athens lost the Peloponnesian War because of her failure to follow Pericles’s strategy.Pericles’s strategy stressed the importance of navy and staying within one’s walls which if was adhered to by the Athenians; it would ultimately lead Athens towards a favora ble outcome. However, personal ambitions and interest preceded the common good, which resulted in failed expeditions and policies. These disastrous expeditions in the end were compounded with revolts and losses of allies, which ultimately led to the Athenian downfall. Athens was no longer able to provide manpower and resources to continue the war and ultimately was taken over by Lacedaemonia.

LVMH

1. TASK 011.1. Introduction TO LVMHFor this assignment, I ideally considered an organisation named LVMH.LVMHLVMH Moet Hennessy Louis Vuitton S.A. ( Euronext: MC ) , normally shortened to LVMH, is a Gallic keeping company and the universe ‘s largest luxury goods pudding stone. It is the parent of around 60 sub-companies that each manage a little figure of esteemed trade names These girl companies are, to a big extent, run autonomously. The group was formed after amalgamations brought together champagne manufacturer Moet et Chandon and Hennessy, a taking maker of Cognac. In 1987, they merged with manner house Louis Vuitton to organize the current group The group is controlled by the Christian Dior group, which owns 42.4 % of portions and has over 58 % of vote rights. Bernard Arnault, bulk stockholder of Dior, is Chairman of both companies and CEO of LVMH. His successful integrating of assorted celebrated aspiration trade names into the group has inspired other luxury companies into making the same. Therefore Gucci ( now portion of the Gallic pudding stone PPR ) and Richemont have besides created drawn-out portfolios of luxury trade names. The oldest of the LVMH trade names is wine manufacturer Chatea d'Yquem, which dates its beginnings back to 1593 . ( hypertext transfer protocol: //en.wikipedia.org )Corporate constructionLVMH is based in Paris, France. The company is listed on the Euronext Paris exchange and isa component of the CAC 40 index. As of 2008, the group grosss of ˆ17.2 billion with a net income of ˆ2.318 billion. The group presently employs 77,000 people. 30 % of LVMH ‘s staff work in France. LVMH operates over 2,300 shops worldwide. Its current concern program aims to tightly command the trade names it manages in order to keep and rise the perceptual experience of luxury associating to their merchandises. For illustration, Louis Vuitton merchandises are sold merely through Louis Vuitton boutiques found in upmarket locations in affluent metropoliss or in grants in other luxury goods stores ( such as Charles digby harrods in London ) . This pattern contrasts greatly with less sole trade names which can be bought in shopping promenades around the universe ( hypertext transfer protocol: //en.wikipedia.org )StockholdersAt the terminal of 2008, the merely declared major stockholder in LVMH was Groupe Arnault, the household keeping company of BernardArnault. The group ‘s control amounted to 47.42 % of LVMH ‘s stock ( with 42.42 % held through Christian Dior S.A. and 5.00 % held straight ) and 63.40 % of its vote rights ( 58.02 % by Dior and 5.38 % straight ) . A farther 3.4 % of portions were declared as exchequer stock, with the balance being free float . ( hypertext transfer protocol: //en.wikipedia.org )Departments OF LVMH* Wines & A ; Liquors * Fashion & A ; Leather Goods * Perfumes & A ; Cosmetics * Watches & A ; Jewelry * Selective retailing ( Annual study LVMH-2008 )MISION AND VALUES OF LVMH* Be originative and innovate * Aim for merchandise excellence * Bolstertheimageofourbrandswithpassionatedetermination * Act as enterprisers  · Strive to be the best in all we do ( Annual Report LVMH-2008 )Definitions of Human Resource ManagementHuman resort direction is a strategic and consistent attack to the direction of organisation ‘s most valued assets: the people working there who separately and jointly lend to the accomplishment of its aims. ( Michael Armstrong, a Hand book of Human Resource Management 2003 )The HRM theoretical accounts are1. The Matching theoretical account of HRM 2. Harvard theoretical account of HRM 3. Best pattern theoretical account 4. The eventuality theoretical account 5. Guest theoretical account of HRM 6. Warwick theoretical account of HRM 7. Storey theoretical account of HRM We can utilize Matching Model for LVMHModels of HRM1. The duplicate theoretical accountThe Michigan theoretical account is besides known as the ‘matching theoretical account ‘ or ‘best-fit ‘ attack to human resource direction. In kernel, it requires that human resource schemes have a tight tantrum to the overall schemes of the concern. As such, it limits the function of HR to a reactive, organisational map and under-emphasizes the importance of societal and other external factors. For illustration, it is hard to see how the current concern for work life balance could be integrated into this theoretical account. Fombrun et al identified four common HR procedures performed in every organisation: * Choice: duplicate people to occupations * Appraisal of public presentation * Wagess: stressing the existent importance of wage and other signifiers of compensation in accomplishing consequences * Development of skilled persons These procedures are linked in a human resource rhythm. The matching theoretical account has attracted unfavorable judgment. At a conceptual degree, it is seen to depend on a rational, mechanical signifier of organisational decision-making. In world, schemes are frequently determined and operational zed on a more intuitive, political and subjective degree. Surely, the decision-making is more complex than the theoretical account allows. It is besides both normative and normative, connoting that the tantrum to concern scheme should find HR scheme ( Bratton, J. , Gold, J. , Human Resource Management p-18 ) )Resource based StrategyThe resource-based position of scheme is that the strategic capableness of a steadfast depends on its resource based capableness. Resource-based scheme theoreticians such as Barney ( 1991 ) argue that stained competitory advantage stems from the acquisitions and effectual usage of packages of typical resources that rivals can non copy. As Boxall ( 1996 ) remarks ; ‘competitive success does non come merely from doing picks in the present ; it stems from constructing up typical capablenesss over important periods of clip ‘ . Teece et Al ( 1997 ) specify ‘dynamic capablenesss ‘ as ‘the capacity of a house to regenerate, augment and accommodate its nucleus competences over clip ‘ . ( Michael Armstrong,2000, Strategic Human Resource Management, p-33 )Best PracticeThe ‘best pattern ‘ rubric has been attacked by a figure of observers. Cappeelli and Crocker-Hefter ( 1996 ) remark that the impression of individual set of best patterns has been over stated: There are illustrations in virtually every industry of houses that have really typical direction patterns. We argue hat these typical homo resource patterns hlp to make alone competences that differentiate merchandises and services and, in bend, drive competences that determine how houses complete. Purcell ( 1999 ) has besides criticized the best pattern or universalist position by indicating out the incompatibility between a belief in best pattern and the resource based position, which focuses on the intangible assets including HR, that allow the house to make better than its rivals. He asks how can ‘the universalism of best pattern be squared with the position that merely some resources and modus operandis are of import and valuable by being rare and amiss imitable? ‘ . The danger, as Legge ( 1995 ) points out, is that of ‘mchanistically fiting scheme with HRM policies and patterns ‘ . Accord with eventuality theory, it is hard to accept that there is any such thing as cosmopolitan best pattern. What works good in one organisation will non necessary work good in another because it may non suit its scheme, civilization, direction manner, engineering or working patterns. As Becker et Al ( 1997 ) comment: ‘organizational high-performance work systems are extremely idiosyncratic and must be tailored carefully to each house ‘s single state of affairs to accomplish optimal consequences ‘ . ( Michael Armstrong, 2000, Strategic Human Resource Management, p-65 )Best FitFor the ground given above, it is accepted by most observers that ‘best fit'is more of import than ‘best pattern ‘ . There can be no cosmopolitan prescriptions for HRM policies and patterns. It all depends. This is non easy to state that ‘good pattern ‘ , ie pattern that does good in one environment, should be ignored. Benchmarking has its utilizations as a agency of placing countries for invention or development that are practiced to good consequence elsewhere. But holding learned about what plants and, ideally, what does non work in comparable organisations, it is up to the house to make up one's mind what may be relevant in general footings and what lessons can be learnt and adapted to suit its peculiar strategic and operational demands. The get downing point should be an analysis of the concern demands of the house within its context ( civilization, construction, engineerin g and procedures ) . This may bespeak clearly what has to be done. Thereafter, it may be utile to pick and blend assorted ‘best pattern ‘ ingredients and develop an attack that applies those that are appropriate in a manner that is aligned to the identified concern demands. But there are jobs with the best-fit attack, as pointed out by Purecell ( 1999 ) who, holding rubbished the construct of best pattern, proceeded to make the same for the impression of best tantrum: Meanwhile, the hunt for a eventuality or fiting theoretical account of HRM is besides limited by the impossibleness of patterning all the contigent variables, the trouble of demoing their interconnectedness, and the manner in which alterations in one variable have an impact on others. In Purcell ‘s position, organisations should be less concerned with best tantrum and best pattern and much more sensitive to procedures of organisational alteration so that they can ‘avoid being trapped in the logic of rational pick ‘ . ( Michael Armstrong, 2000, Strategic Human Resource Management, p-66 )Human Resource Management VS Personal ManagementHuman resource direction was foremost known as forces direction. However the present position of the field of human resource direction has been achieved after old ages of measuring development. In personnel direction people were manage stick disposal but in human resource direction people are consider resources, develop people and acquire them to pull off them self. Organizations now consider the human resource as a resource that could be developed instead than merely be managed. Personnel direction is more administrative in nature, covering with wage axial rotation, roll uping with employment jurisprudence and managing related undertaking. Human resources on the other manus are responsible for pull offing the work force as one of the primary resorts that contribute to the success of the organisation. Personnel direction manages people by rigorous administrative system but human resource direction considers people as a resource that can be developed.eg ; Train and developed individuals. Personnel direction is less concentration on employee ‘s future potency and acquiring the best from employees through preparation, development and motive. but other manus of human resource direction identifies employees possible, countries for betterment, strength and weaknesses identifies developing demands and trains them achieves consequence through motive and occupation satisfaction. Human Resource Management from a strategic position and its deductions for the function of the line directors and employees Human resource direction is really of import to construct up relationship between line directors and employees. Below I mentioned country of covering strategic human resource activities. * Policy devising. * Designing and developing human resource schemes. * Lending to the corporate program of the organisation. * Integrating human resource activities to the chief intent of the organisation. * Job rating. * Salary disposal. * Incentives and benefits. * Grudges managing.1.2. Use GUEST MODEL OF HUMAN RESORCE MANAGEMENT TO LVMHLVMH utilizing human resource direction maps for build up their concern. Particularly they apply guest theoretical account for following maps. They are utilizing human resource scheme for invention the company. Regularly they check other retail merchants of the market. After that they focus their concern for current market. Normally they evaluate the cost of merchandise. Some clip they control the unneeded cost per merchandise. eg ; they seeking current market and halting over production Human resource direction patterns ; LVMH specially utilizing human resource patterns for enlistings. They are taking right individual for right occupation class. They offered preparation period for new employees. Always direction measuring employees and giving wagess for them. eg ; bonus Human resource results ; They ever get thoughts from clients and offers scope of options for flexible working. eg ; portion clip work, calling interruption Behaviour results ; The direction ever measuring workers and actuate them. It has good squad workers. Every clip they corporate with others and assisting them. Performance result ; LVMH measure everybody public presentation and utilizing some human resource patterns for addition productiveness. Human resource section discuss with employees and this clip cut down their absenteeism and labour turn over.Critically measure the Guest theoretical account of human resource directionHuman resource direction is regardful from traditional forces direction. However, Guest has acknowledged that the construct of committedness is mussy and that the relationship committedness and high public presentation is hard to set up. The strength of the guest theoretical account is that it clearly maps out the field of human resource direction and classifies the input and comes. The theoretical account is utile for analyzing the cardinal ends normally associated with the normative theoretical accounts of human resource direction ; strategic integrating, committedness, flexibleness and quality.2. TASK 022.1. Aim/Purpose: Why have a Strategy?To put the context for lar ning and development within the LVMH to reply the inquiries that staff, directors, and clients might hold: * Why is larning and development of import? * How does larning ‘fit in ‘ with staff functions, bringing of cardinal services? * What does the LVMH mean by larning and development? How do staff and directors make certain they have the acquisition they need? The purpose of this scheme is to supply a practical map and usher of how learning and development supports the work of the LVMH, at an person, squad and organisational degree. The scheme aims to put out the current purposes and aims and besides map the hereafter so that there is a ‘vision ‘ of how learning and development will back up the LVMH both now and in the hereafter across Provider and Commissioning. The intent so is to supply a model for larning for LVMH which will: * Set out the LVMH ‘s committedness to supplying larning and development for all staff * Ensure that staff are equipped with appropriate accomplishments, experience and support to enable them to go on to supply high quality attention and services * Ensure that procedures are in topographic point for staff to accomplish their possible and that single parts are valued and acted upon * Ensure that staff place preparation demands and undertake appropriate preparation as portion of their function and that preparation demands are identified at an person, squad and organizational degree * Ensure that high quality preparation and development is commissioned as needed * Effective acquisition and development procedures and systems are in topographic point that are accessible and clear.2.2. Supporting the LVMH to present its strategic purposes and aimsThe LVMH ‘s cardinal strategic purposes are to: Engage with the mark clients and their demands. Commission a full and just scope of high quality, antiphonal and efficient services, within allocated resources, across all service sectors. Directly provide high quality responsive and efficient services where this gives best value. The accomplishments of the strategic purposes are supported by a set of cardinal values. LVMH values are the qualities, criterions and rules that the LVMH believes will assist it and its staff to win. The values are: – Beryllium originative and innovate– Purpose for merchandise excellence– Bolstertheimageofourbrandswithpassionate finding– Act as enterprisers– Strive to be the best in all we do2.3. Core rules for Learning and Development across the LVMH:* To supply chances for acquisition, high value of accomplishments about international selling, personal development and accomplishments sweetening at all degrees. There is a demand to widen engagement to guarantee lower set staff have the development they need * To promote uninterrupted acquisition and infinite for invention and making something new so that services are adapted and improved as a consequence of acquisition * To be more than tantrum for intent but in chase of excellence * Endorse the rules of going a Learning Administration * Identify a systematic procedure and model for placing, planning, presenting and measuring acquisition and development at an person, squad and organizational degree * Support and develop a civilization that encourages assurance, motive and creativeness in staff leting them to be advanced, take hazards and gain their full potency * Ownership of larning and development by single members of staff so that they can see the value of larning and how it will back up them * Staff are our ‘customers ‘ . The acquisition and Development squad demand to guarantee that effectual feedback and quality confidence procedures are in topographic point * To be able to mensurate successThe scheme should:* Mean something to staff and Directors, be ‘live ‘ and existent and practical, mapping the current and future image and advancement * Be organic in that the Learning and Development squad continually assess and alter the scheme and vision through its ain acquisition * The Learning and Development scheme should beef up and be built-in to the LVMH organizational aims and public presentation direction models * Identify localised illustrations.2.4. Learning and Development: Strategic Aims and AimsTo Meet PCT Commissioner and Provider Strategic Aims, Values and Vision Ensure staffs are working safely and aptly and have the accomplishments and cognition they need to present high quality services: * Deliver foremost category Initiation * Provide high quality selling Training * Ensure all staff are go toing Statutory /Mandatory preparation * Ensure shop Supervision systems, preparation is in topographic point * Develop IT skills of our staff Support the LVMH to develop the work force of the hereafter: * Work with Provider and Commissioning Directorates to back up development of LVMH into the hereafter * To work with HR and OD Director to implant values of the LVMH through instruction and developing systems and procedures * Support the development of new functions * Identify preparation and development for new services as they are developed * Support the work force planning docket Support the LVMH in the bringing of its Inequalities Agenda * To guarantee incorporate working with Public * Ensure Equality monitoring and public presentation marks are met * To supply an equality and diverseness preparation programme for all staff * Complete an Equality Impact Assessment on the Learning and Development map * Develop systems to include staff feedback into bettering acquisition and development within the LVMH Develop first category leaders and directors within the Provider and Commissioning weaponries of the LVMH * Identify direction and leading scheme for all directors at appropriate sets * Delivery of in house leading programme * Develop a direction skills programme, place accomplishments / competences for Directors * Develop and supply Team Leader Training * Support Directors to entree external direction and leading programmes as appropriate * Develop mentoring, training and shadowing for staff * Provide preparation and support for Directors in Skills & A ; Knowledge to pull off alteration efficiency and confidentially Delivering high quality, advanced and originative acquisition chances Support the LVMH to go a learning administration and embed the doctrine of the instruction lvmh * Promote the rules and doctrine of the learning administration and the instruction LVMH * Embed the learning civilization * Encourage new ways of acquisition, preparation, e-learning * Support the organisational development docket * Develop work with adjacent LVMHs Ensure accessible and first-class high quality preparation, larning and development proviso is in topographic point * Develop the LVMHeducation and preparation squad and service * Commission preparation and development, both now and in the hereafter * Development of ‘self service ‘ developing disposal system * Ensure effectual systems and procedures are in topographic point * Development of Learning Centres and accessible ways of larning Develop a Quality Assurance model for Learning and Development * Demonstrate the value of larning within the administration * Benchmark against rivals * Develop mensurable criterions for larning and development procedures * Ensure robust informations aggregation and coverage * Develop a system for feedback from staff, spouses ‘customers ‘ * Quality confidence, monitoring, rating systems put in topographic point eg. I. Train the trainer, criterions of bringing for trainers two. Contracts for external trainers three Staff and spouse organisations four Staff questionnaire/feedback Use bing resources creatively and program resourcing for the hereafter such as * LVMH preparation budget * Income coevals * Sponsorship / grants2.5. StandardsService Standards will be included for each strategic aim and identified in the work programme.2.6. Duties / answerability: Training AdministrationAll members of staff have a duty for their ain acquisition and development, supported by Directors and the Learning and Development Team. For elaborate counsel on functions and duties on placing acquisition and development2.7. Success Standards: benchmarking, quality confidence processes: How will we mensurate Progress and Achievement?* Through regular reappraisals of the Work Programme * On traveling audience with staff * Evaluation and bite of feedback2.8. Review and MonitoringQuarterly reappraisal of scheme and work programme may supervise by Human Resources Committee.3. TASK 033.1. RECRUITMENTRecruitment refers to the procedure of pulling, showing, and choosing qualified people for a occupation at an organisation or house. For some constituents of the enlisting procedure, mid- and large-size organisations frequently retain professional recruiters or outsource some of the procedure to recruitment bureaus. The enlisting industry has five chief types of bureaus: employment bureaus, enlisting web sites and occupation hunt engines, â€Å" headhunters † for executive and professional enlisting, niche bureaus which specialize in a peculiar country of staffing and in-house enlisting. The phases in enlisting include sourcing campaigners by advertisement or other methods, and showing and choosing possible campaigners utilizing trials or interviews. ( Armstrong, Michael ( 2006 ) . A Handbook of Human Resource Management Practice )ChoiceChoice is the procedure used to place and engage persons or groups of persons to make full vacancies within an organisation. Often based on an initial occupation analysis, the ultimate end of forces choice is to guarantee an equal return on investing — in other words, to do certain the productiveness of the new hire warrants the costs spent on recruiting and preparation that hire. Several testing methods exist that may be used in forces choice. Examples include the usage of lower limit or coveted makings, resume/application reappraisal, unwritten interviews, work public presentation steps ( e.g. , composing samples ) , and traditional trials ( e.g. , of occupation cognition ) . The field of forces choice has a long history and is associated with several Fieldss of research and application, including human resources and industrial psychological science.Recruitment and Selection of LVMHThey are based on higher demands for professionalism in the rating and choice methods, while offering campaigners a alone experience that gives them utile feedback for their professional development. Not merely are proficient accomplishments assessed, but besides the ability to bring forth and pass on consequences, the ability to work in a group, the ability to hold a strategic vision while cognizing how to do a day-to-day committedness and, eventually, the potency to go an enterprising leader motivated by a desire for ongoing betterment. Appraisal of these facets is made by LVMH group directors through interviews every bit good as single and group function plays. At the terminal of this intensive twenty-four hours, whatever the consequence, each campaigner receives several in- depth analyses to help him or her in understanding how he or she was perceived and the contents of the appraisal.Essential of international enlisting of LVMHSustained development of all LVMH activities enabled multiple occupations to be created in 2008 across the Group ‘s companies and trade names: Wines & A ; Spirits, Fashion & A ; Leather Goods, Perfumes & A ; Cosmetics, Watches & A ; Jewellery, and Selective Retailing. LVMH has 77,087 employees worldwide, with the mean figure of employees over the financial twelvemonth up 9.5 % compared to the old twelvemonth. Through its policy of selling merchandises with the â€Å"made in France† label, LVMH ensures that industrial occupations are maintained in France. The dislocation of the Group ‘s work force by geographical part is stable and balanced. 74 % of the work force is employed abroad, basically in the distribution webs of Europe, the Asia-Pacific part, and North and South America.Workforce of LVMH by geographic part26 % France 19,737 22 % Rest of Europe 17,226 22 % United States 16,723 6 % Japan 4,929 19 % Rest of Asia 14,831 5 % Other markets 3,641 Entire 77,087 ( Beginning ; LVMH Annual report-2008 ) There are 74 % of employees working internationally. Therefore international enlisting is of import to LVMH. They are anticipating a personal development within a professional, responsible squad in the organisation. placing with the values of a company is a major component in pulling and actuating the work forces and adult females who join LVMH and invest themselves in the Group. The Group presents its corporate duty policy during the initial contact with campaigners, for illustration during enlisting forums. The account of this policy is portion of the integrating procedure. The bar of psycho-social hazards in their orientation manuals or employee manuals, like DFS Group, Fendi or Glenmorangie. However they have consider the outlooks and motive of the squads. Entree and continued employment for older employees is besides a changeless concern, consistent both with the Group ‘s policy on diverseness and with itsInternational Recruitment at LVMHHere LVMH can happen a bit-by-bit usher to enlisting. International Recruitment & A ; Deployment e follow the extended International Recruitment procedure as follows: Phase 1: Ad utilizing print media and cyberspace including occupation show on our Job portal Phase 2: Screening of applications received in response to advertizement. Phase 3: Short listing, size uping informations harmonizing to the accomplishments, cognition and aptitude desired for the occupation. Phase 4: Test & A ; Interviews Phase 5: Choice Phase 6: Mention Check Phase 7: Completing the Visa/Administrative Process following the credence of Job offer by the campaigner. Phase 8: Travel agreement and deployment of the campaigner to occupation location. ( hypertext transfer protocol: //www.habsons.net )Choice Methods ( Trials, Exercise, Presentations )The most popular choice method is Interviewing ; nevertheless the determination devising procedure at Interviewing panel phase will be improved if information extra to that obtained from the application signifier, CVs, mentions ( for academic and research stations ) and interview is available. It is hence desirable that the choice procedure includes an extra choice exercise/test. This should be designed to garner information about the ability of short-listed campaigners to transport out the specific responsibilities of the station by proving facets of the Person Specification, which can non easy be evaluated by an interview or mention. Some illustrations of choice exercisings are given below, all of these would necessitate to be carried out in conformity with good pattern in Equal Opportunities: In puting up and running choice exercises the undermentioned rules should be followed:Nature of Post:Choice Exercise:Research stationsCampaigners could be asked to present a seminar, give a departmental presentation or compose a study Posts that require supervisors accomplishments Campaigners could be asked to take portion in a supervisory function dramaGeneral:The appraisal of public presentation from choice trials must be made on a preset set of factors, instead than obscure generalisations, utilizing set standards will enable an nonsubjective appraisal of the trial set ; There should be a clear apprehension of what is being tested and what position the test/exercise has within the overall choice procedure ; If the test/exercise involves utilizing a package bundle, experience of utilizing that specific package bundle must hold been included in the choice standards for the station ; The test/exercise must be designed to supply an equal chance for each campaigner to show his/her abilities, in conformity with the Equal Opportunities Employment Policy ; Where appropriate, choice tests/exercises must be adapted for a campaigner with a disablement. For farther counsel on this the Recruitment Manager or HR Manager should be contacted ; The test/exercise must be decently planned in progress with each campaigner given full information on what is involved and sufficient clip for any readying required ; The test/exercise must non be biased in favour of internal campaigners, i.e. it should prove basic rules in relation to the station, non cognition of internal processs ; The information gathered from a choice exercising will merely associate to a limited figure of the overall demands of the station and the consequences must be judged in this context. However, if an indispensable standard for the station is being tested e.g. numeracy and the needed criterion for the trial is non met so the consequences must non be ignored ; Objective standards should be used to hit the trial that has been set and all information associating to the trial should be reported in a criterion and consistent format to Interviewing panel. If there are any factors which may hold influenced a campaigner ‘s public presentation e.g. breaks, medical conditions etc these should be reported to the panel. Presentations: campaigners should be given as much information as possible about the expected focal point of the presentation, associating this to the standards shown in the individual specification e.g. where an appointee is being sought with a research path record or with research potency, campaigners might be asked to present a presentation ‘on a subject related to your current or future research involvements ‘ ; campaigners should be provided with information about the intended audience, the expected length of the presentation and the installations available e.g. OHP, screen, PowerPoint available on a laptop computing machine etc ; nonsubjective standards should be set to measure presentations for possible lectors e.g. academic content, lucidity of look, ability to set content to audience and enthusiasm for the topic.Skills Trials:All trials should be given with clear, unambiguous instructions ; Trials should be uniformly administered, i.e. by the same individual, in the same fortunes, with the same instructions and with the same clip bounds. This will guarantee that comparable informations is obtained ; The individual administrating the trial must be made cognizant of their duties and the University ‘s policies associating to discrimination must be brought to their attending. They must non try to ‘interview ‘ the campaigner or obtain information from them. Guidance on planing appropriate trials and exercisings may be obtained from HR Services. The choice methods that will be used in add-on to an interview must be detailed on the Candidates for Interview Form sent to HR Services. This will guarantee that short-listed campaigners are informed about the choice procedure when invited to interview, e.g. the rubric of the presentation to be given or the nature of the trial to be taken.4. MentionsArmstrong M. , ( 2000 ) , Strategic Human Resource Management, 2nd Edition, London, Kogan page limited Armstrong M. , ( 2006 ) . ‘A Handbook of Human Resource Management Practice ‘ , 10th ed. , London: Kogan Page LimitedArmstrong M.,2003. Handbook of Human Resource Management Practice, 9th edition. London, England. Kogan Publisher Limited.Michael Armstrong ( Author ) †º Visit Amazon ‘s Michael Armstrong Page Find all the books, read about the writer, and more. Bratton, J. , Gold, J. , ‘Human Resource Management ‘ , 2nd erectile dysfunction. London, MacMillan Press Ltd. * www.lvmh.com * www.hrmguide.co.uk * www.youmanage.co.uk * www.berr.gov.uk * www.sbz.careers.ac.uk * www.thepensionsregulator.gov.uk * hypertext transfer protocol: //www.york.ac.uk/admin/hr/managers/recruitment/handbook/methods.htm ( 21-01-2010 ) * hypertext transfer protocol: //www.habsons.net/international-recruitment-deployment.php ( 21-01-2010 )

tools of exploitation analysis Essay examples - 938 Words

Tools of Exploitation Analysis The film/documentary, titled Tools of Exploitation, chronicles, analyzes and explains Western civilizations influence on African culture/livelihood throughout the period of colonialism (the film covers the slave trade for a brief moment as well) leading to the modern day. Narrated by scholar/author Ali Mazrui, the film focuses on the usurping of Africa’s future potential due to European powers stymying Africa’s growth for their (Western) own gain (hence the name Tools of Exploitation; Africa was exploited for European gain). The film addresses many factors to why this has taken place but focuses mostly on economic reasons as well as the false justifications Europeans used to colonize the continent.†¦show more content†¦The answer; while Europe had abolished slavery, the racism dating back to the days of slavery still existed. The conference in reality had no intention of freeing Africa of its negatives, but instead, exploited the circumstances/situations of Af rica to fuel the European commercial machine. One of the overlying themes to which Europeans, again, falsely the justified colonization of Africa, was through the concept of the â€Å"Duel Mandate†. The philosophy/idea/phrase was created by English colonial military ruler Lord Frederick Lugard. In a written testimony Lugard rationalizes colonizing Africa by claiming to utilize the continent’s resources in order to fuel European commercialization as well as facilitate Africa’s modernization. The first half of the equation did come to fruition; Europe conveniently gained access to African’s resources (first pre-colonialism through slaves and gold, then later with mineral based resources during colonization). However, European’s modernization of Africa was merely surface level. 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