Principle of Separate Legal Personality

Principle of Separate Legal Personality Principle of Separate Legal Personality Separate Legal Personality Concept developed in Company Law, relating to the legal status between a Company Limited by Shares and its owners. The Principle was first accepted in Salomon v Salomon, a landmark case which is often considered to have established one of the most important principles within Company Law; A Company is a distinct legal personality from that of its owners. Because of this Separate Legal Personality is also known as the Salomon Principle. The ‘separate entity’ doctrine (that the company is an entity separate to its shareholders) established very early in Salomon’s case (Salomon v Salomon Co [1897] AC 22). Each regular individual has a lawful identity, importance it holds rights, commitments and obligations. At the point when a Company is consolidated, that is enrolled in the Companies Office and issued with a Certificate of Incorporation; it excessively has a legitimate identity. However a Company cant work all alone, obliging human intercession to direct business for its sake. The guideline of Separate Legal Personality builds that a Company has lawful rights and commitments that are unique and separate from its parts (holders/shareholders). Moreover the benefits and obligations of a Company Limited by Shares have a place solely to the Company and its parts cant be sought after as by and by obligated for the activities of the Company. This division of the Company from its parts is known as the Veil of Incorporation. Example The guideline of Separate Legal Entity can been seen in play in the late Irish case Quigley Meats. The Plaintiffs for this situation (the Quigleys) supplied the Defendants with meat produce for their restaurant. The Quigleys were of the feeling that they were managing the Defendants by and by, however instalments for produce were constantly made to the Quigleys from a Company account. The Defendants got into some money related trouble and quit paying the Quigleys for the produce. The Quigleys then chosen to seek after the Defendants through the Courts for the unpaid bills. The Court at first found for the Quigleys requesting the Defendants to pay the obligation of â‚ ¬26,000. However the respondents advanced contending that they couldnt be discovered by and by at risk as the obligation was for their Company to pay. The High Court concurred with the Defendants because when they did pay the Quigleys they had paid with checks which had the Companys name printed on them, in this manne r they should have realized that they were managing a restricted obligation organization and not people. (Quigley Meats Ltd v. Hurley [2011] IEHC 192) Piercing the Corporate of Veil The lodestar of organization law has remained the honesty of the different identity of the organization: the corporate cloak might be lifted in the most compelling of circumstances. The result is an absence of clarity in the exact lawful privileges of the shareholders and their connection with the governing body. When to lift The case law has showed that the courts are by and large hesitant to lift the corporate shroud. Yet, the points of confinement of a periodic choice of a court to lift the corporate shroud is not closed. It is, hence, hard to foresee the circumstances in which the courts will puncture the corporate shroud, and there is by all accounts an inclination to rehash the wheel each one time it is contended. Courts have approached veil–piercing cases in an ad hoc manner with underlying policy considerations in mind. As Rogers AJA confirmed in BriggsvJamesHardieCoPtyLtd: The threshold problem arises from the fact that there is no common, unifying principle, which underlies the occasional decision of courts to pierce the corporate veil. Although an ad hoc explanation may be offered by a court which so decides, there is no principled approach to be derived from the authorities (Briggs v James Hardie Co Pty Ltd Ors (1989) 16 NSWLR 549 at 567) When deciding to disregard the separate legal personality principle Jenkinson-J, in DennisWilcoxPtyLtdvFederalCommissionerofTaxation, stated that a court should do so, â€Å"†¦only if [they] can see that there is, in fact or in law, a partnership between companies in a group, or that there is a mere sham or faà §ade in which that company is playing a role, or that the creation or use of the company was designed to enable legal or fiduciary obligations to be evaded or a fraud to be perpetrated† (Dennis Wilcox Pty Limited v Federal Commissioner of Taxation (1988) 79 ALR 267) Fraud The corporate veil may be lifted where there has been an extortion or other break of the law. The extortion and sham contention alludes to the utilization of a partnership by the controller to avoid a lawful or guardian commitment, where the company is utilized as an issue to cover genuine commitments. As the Full Federal Court noted in Donnelly-v-Edelsten â€Å"the contention [of fraud] is, obviously roundabout. It can just succeed if the contention of sham succeeds. On the off chance that an organization is a sham or veneer then it has fused only to mask the truth of its operations or dodge commitments. (Donnelly v Edelsten (1994) 13 ACSR 196 at 256) To penetrate the corporate shroud for misrepresentation, the organization must have the plan to utilize the corporate structure as a part of such a route as to deny the offended party some for every current lawful right. All the more particularly, the organization is consequently used in a way to evade a lawful commitment. To be clear, it is for the most part reasonable to structure organizations to dodge a future risk, for instance in a hazardous business wander that may come up short, however courts may not permit an organization to be structured to abstain from performing a current legitimate obligation. In any case, such contentions can be scrutinized for dismissing the different element guideline. Concerning a sham enterprise, Windeyer J has held if an organization is appropriately joined and enlisted under the Corporations Act and the best possible records are kept in due structure and the recommended returns made, it keeps on existing as an issue substance. In that sense it is a reality and not a sham. (Peate v Federal Commissioner of Taxation (1964) 111 CLR 443 at 480) Group Enterprise Any uniqueness from the standard of independent corporate identity is prone to be joined by a recession of constrained corporate obligation. This is, maybe, most clear in a corporate gathering structure. The gathering endeavour ground incorporates circumstances in which a corporate gathering is acting in such a way as to make every individual substance vague and, consequently, the corporate cloak is lifted to treat the guardian organization as subject for the demonstrations of the auxiliary. Figures that show that two or more organizations were occupied with a gathering venture include ;( Ramsay, I. â€Å"Piercing the Corporate Veil in Australia† (2001) 19 CSLJ 250 at 257) †¢There is an element of partnership or group accounting present; †¢Obvious influence of control extending from the top of the corporate structure; †¢The extent to which the companies were thought to be participating in a common enterprise with mutual advantages; †¢The relationship between the two companies is that of parent and subsidiary; †¢overlapping directors, officers, and employees, †¢One company in the structure acts as agent for the controlling entity; and †¢There is an element of sham or facade present, that is, the corporate structure is used to evade legal or fiduciary obligations. As Rogers AJA affirmed in Briggs-v-James-Hardin--Co-Pt-Limited--Ors †¦ the recommendations†¦ that the corporate shroud may be penetrated where one organization activities complete command and control over an alternate is altogether excessively short-sighted. Rogers AJA went ahead to perceive that it is a business reality that a guardian organization as a rule does activity complete control over a backup, subsequently, uncovering the inborn blemish of a strict application of the different substance standard to corporate gathering. (BriggsvJamesHardieCoPtyLimitedOrs (1989) 16 NSWLR 549) Commits a Tort In spite of the fact that the courts have been more slanted to penetrate the corporate cover in contract claims, there are signs that courts are readied to lift the corporate cloak and make a guardian organization subject in connection to torts submitted by a gathering organization which includes: (a)Cases of agency, partnership or trust between the subsidiary and parent company: Briggs v James Hardie Co Pty Ltd (1989) 16 NSWLR 549; Spreag v Paeson Pty Ltd (1990) 94 ALR 674 (b)attribution of direct liability by reason of the parent company and subsidiary both owing a duty of care to the tort claimant according to the limiting tests of reasonable foreseeability and proximity, chiefly demonstrable by a level of actual control over day-to-day operations of the subsidiary (CSR Ltd V Wren (1998) Aust Tort Rep 81-461) akin to the subsidiary being a mere faà §ade (James Hardie Co Ltd v Hall (1998) 43 NSWLR 554 at 579-584) Effects of Corporate Separate Personality Transferable Shares The way that an organization is lawfully separate from its parts encourages the exchange of shares. The issue of shares is viewed as an issue method for raising capital for the organization (albeit littler brokers are regularly pulled in by the idea of fuse just as an issue to ensure themselves from potential boundless obligation). The trading of shares on the open market additionally prompts straightforwardness since it goes about as an impetus for administration to lead the business in a sensible way. This straightforwardness empowers more prominent investigation by pariahs of the organizations undertakings and diminishes the opportunity for deceitful conduct, along these lines enhancing the attractiveness of the shares. It additionally implies that financial specialists have the capacity get the imperative data they require keeping in mind the end goal to assess the organization before entering into business exchanges. From the organizations perspective, on the other hand, this st raightforwardness can regularly prompt divulgence of data that they would have liked to withhold and place them in a more helpless position with contenders. Ownership of Property Where an organization holds property in its name, this has a place singularly the organization and the shareholders have no restrictive rights (other than for the estimation of the shares they hold). This gives shareholders and workers more security than if a chief decided to leave his position and had the capacity authorize a deal and division of any organization property or resources he possessed. This position thusly makes the shareholders ventures more appealing and secure. Notwithstanding, this may be to the impediment of a merchant who possessed the organization property before joining yet neglected to accordingly dole out the protection approaches to the organization. This was delineated in Macaura v Northern Assurance Co wherein Mr Macaura had protected timber under his name and this was then decimated by a blaze. The insurance agency declined to pay out on Mr Macauras case, expressing that he had no insurable enthusiasm toward the timber as it was claimed by the organization . In the same way, a guardian organization does not have an insurable enthusiasm toward its auxiliary organizations, even where they are completely possessed by it. Distinct legal identity A standout amongst the most noteworthy impacts of corporate separate identity is that the organization expect a different character from that of its parts. Regardless of the fact that an organization is possessed by and large by one shareholder, the organization has a totally separate identity from that single person. This is affirmed by the main instance of Salomon v A. Salomon Co Ltd in which the House of Lords held that the organizations demonstrations were its demonstrations, not those of Mr Salomon by and by. As an issue, Mr Salomon was not generally subject for his organizations obligations. It is important, then again, that the Court did perceive that there would be circumstances in which they would be arranged to move far from that standard and lift the cover of fuse and discover people subject where they had acted insincerely, deceitfully or irrationally. Limited Liability Because of the way that the organization is a different lawful individual, it takes after that its parts wont for the most part be subject for its obligations and commitments. This gives the shareholders an extraordinary level of security, since it implies that they find themselves able to benefit from the accomplishments of the organization whilst being protected in the information that their individual risk is constrained to the estimation of the shares they have obtained. On the other hand it ought to be noted that those parts who take part in the administration of the organization wont essentially be secured from individual obligation. Also, the idea of restricted risk may not be alluring to potential loan bosses who may require extra security for their credit. Ability to sue and liability of be sued The primary advantage to brokers of joining is the idea of restricted obligation; on the other hand, this can demonstrate to the impairment of outsider lenders who enter into exchanges with the organization. Whilst the leasers will have the capacity to sue the organization itself, they will most likely be unable to recoup their cash if the organization is wiped out. It ought to be noted additionally that an organization has the capacity sue its debt holders for non-instalment. So it is a lawful person that can both sue and be sued. Problem with the Salomon Principle The focal issue with the Salomon rule is a moral one. It is the backwards of the second advantage, talked about instantly above, when seen from the viewpoint of individuals managing the organization from the outside. In the event that Aron Salomons property is secured, then individuals managing the organization have just got the organizations own particular resources accessible to them if the organization goes into indebtedness. This implies that an ambitious person in the position of Aron Salomon may give less mind and regard for the need to arrange genuinely and reasonably with outsiders on the grounds that the business visionary confronts no extraordinary individual danger of misfortune, past injured pride and the trust of a beneficial business (aside from what is said beneath in regards to fake exchanging). Thus, different shareholders in an organization bear no individual danger of misfortune if the organization falls flat in light of the fact that the constrained risk which is allowed by our organization law by definition confines their individual liabilities. When we include the greater part of this together, we land at a position whereby the whole economy is inhabited by organizations whose shareholders and administration bear a minimal immediate moral obligation or misfortune if those organizations ought to fall flat. The morals of that economy get to be faulty if nobody confronts the danger of open finished, individual misfortune. Conclusion The impacts of corporate separate identity are expansive. An organization is viewed as an issue element in its own particular right and, in that capacity, its parts have constrained obligation for its obligations and commitments. The organization has the capacity own property in its own particular name and issue shares to raise capital. It has the capacity sue debt holders and likewise be sued by its leaders. At long last, a central normal for corporate separate identity is that of interminable progression, which brings about a continuation of the organizations presence paying little respect to its parts.

Home Education Essay -- essays research papers fc

Education is a major concern in our society, and there is good reason for this concern. Many of these problems revolve directly around the public education system and include problems with peer pressure, lack of individual attention from the teachers, problems socializing or â€Å"fitting in† with other students, and various others. Although there is no real solution to all of these problems, there are many different ways of solving them. Private schools as well as tutors are a great way to give kids the individual attention that they need, however these methods can be very costly. Something that has grown in popularity over the last decade is home schooling. This system has been around for generations; children learn at home while helping their parents out around the house. Many great men including Patrick Henry, John Quincy Adams, and Thomas Edison were schooled at home (Talbot, 2). Home schooling definitely does not solve all the problems that are brought about by educatio n, in fact it brings about its own chain of problems, but it does have a great deal of advantages. Parents are the most important influences in their child’s education next to their teacher. â€Å"†¦research shows conclusively that parents’ involvement in their children’s education confers great benefits, both intellectual and emotional, on their children† (Coleman, 1). This is why it is so important for parents to get involved in their children’s lives at an early age. Home schooling is a wonderful way to be involved. One of the main reasons that so many people are attempting to home school their children is because of the freedoms offered by it. These freedoms include religious freedom and the freedom to choose the curriculum for starters. Compared to 1985 in which there were only about 50,000 children home schooling nationwide, there are now anywhere from 1.5 to 1.9 million. Their population is growing by as much as 15-20 percent a year according to Florida’s annual survey of home schoolers (Talbot, 1). This poses an interesting qu estion. Why is home schooling so much better? It can not be just because of the religious freedoms that the students are allowed. The students are also allowed many more freedoms than regular children are. Home schoolers can choose when they want to do their studies, take a few days off when they want to, go on a field trip, etc. This makes it much more appealing for... ...ood. Home schooling opens many doors for both the parent and the student and will be a great experience if they are willing to put their time and effort into it. Works Cited Eco, Umberto. â€Å"The Future of Literacy.† Literacies and Technologies. Ed. Robert Yagelski. Addison Wesley Longman: New York, 2001. Talbot, Margaret. â€Å"The New Counterculture.† The Atlantic Monthly. Nov. 2001: 136- 143. United States. Missouri Department of Elementary and Secondary Education. Home Schooling Information. 5 Nov. 2001. http://www.dese.state.mo.us/schoollaw/HomeSch/homeschool.htm Coleman, James. Parental Involvement in Education. Washington, D.C.: June 1991. Hancock, Roger. â€Å"Building Home-School Liaison Into Classroom Practice: A Need To Understand the Nature of a Teacher’s Working Day.† British Educational Research Journal. Sep. 1998: 399-415. Beresford, Emma; Botcherby, Sue; Hustler, David; McNamara, Olwen; Rodrigo, Marta; Stronach, Ian. â€Å"Room to Manoeuvre: Movilising the ‘Active Partner’ in Home- School Relations.† British Educational Research Journal. Sep. 2000: 473-500. Maiers, Angela; Nistler, Robert. â€Å"Exploring Home-School Connections.† Education & Urban Society. Nov. 1999: 3-18.

Essay --

After being arrested in downtown Birmingham on a Good Friday, Reverend Martian Luther King Jr. wrote his famous letter, â€Å"A Letter From Birmingham Jail† responding to the criticism demonstrated by eight prominent white clergymen. This letter has been found important through out history because it expresses King’s feelings towards the un-just event and it is an example of a well-written argument. The author, Dr. Martian Luther King Jr., makes a statement â€Å"Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue.† He uses this concept to convey the point of the Negros hard work to negotiate the issue has failed, but now they must confront it. The March on Good Friday, 1963, 53 blacks, led by Reverend Martian Luther King, Jr., was his first physical protest to segregation laws that had taken place after several efforts to simply negotiate. The author uses several phrases that describe his nonviolent efforts and his devotion to the issue of segregation that makes the reader believe his how seriously King takes this issue. â€Å"Conversely, one has the moral responsibility to disobey unjust laws.† Dr. Martian Luther King, Jr. explains with this that an â€Å"unjust law is no law at all.† King does not feel like he has broken any laws in hi s protest against segregation. In his eyes, laws are made to protect the people, not degrade and punish. â€Å"The Negro has many pent up resentments and latent frustrations, and he must release them. So let him March.† As far as King is concerned, the Negros will continue to do whatever is necessary, preferably non-violently, to obtain the moral and legal right that is theirs. If they are not allowe... ...to jail. He was beaten and put down in jail, but he never gave up on his idea of God and never once regret they steps he took to spread the work of God, despite where he ended up. â€Å"Whether our dreams have been crushed by forces beyond our control – injustice, disaster, or the death of a love one – or we’ve shattered them ourselves through cowardice, poor judgment, moral laxity, or laziness, hope is not beyond us. Nor are we beyond hope – as long as we press on in Gods direction.† Dr. King uses this powerful statement along with several others like it to really get the point across that you need to fight for what you believe in and don’t lose hope. The process to gain desegregation of African-Americans and whites will be a fight, but they key is to follow in the line of God and keep moving forward, while pushing aside and stepping over any despair you may encounter.

If the Coat Fits Wear It Essay

The Oceanic Corporation, a Chesapeake, VA based company, was established in 1994. Glenn Rodgers III founded the corporation, which was privately owned at the time, after his retirement from Norentech Corporation. The Oceanic Corporation was originally formed to provide ship repair services and quickly earned a Department of Defense (DOD) certified Alteration Boat Repair (ABR) designation. Among its specialties were structural welding, piping system installation and repairs, electrical, painting, rigging, machinery and dry-lock work, as well as custom sheet metal fabrication. Other divisions of The Oceanic included Habitability Installation, Industrial Contracting, and Alteration/Installation Teams (AIT). With its initial success and good return on investment the firm opened and operated facilities in California, New Jersey, Florida, Maryland, Pennsylvania and Washington. In 1998, the company went public and its initial public offering was very successful. The stock price had risen from its initial value of $10 to its current level of $35 per share. There were currently 5 million shares outstanding. In 1999, the company issued 30-year bonds at par, with a face value of $1000 and a coupon rate of 10% per year, and managed to raise $40 million for expansion. Currently, the AA-rated bonds had 25 years left until maturity and were being quoted at 91.5% of par. Over the past year, the Oceanic Corporation utilized a new method for fabricating composite materials that the firm’s engineers had developed. In June of last year, management established the Advanced Materials Group (AM Group), which was dedicated to pursuing this technology. The firm recruited Larry Stone, a senior engineer, to head the AM Group. Larry also had an MBA from a prestigious university under his belt. Upon joining Oceanic, Larry realized that most projects were being approved on a â€Å"gut feel† approach. There were no formal acceptance criteria in place. Up until then, the company had been lucky in that most of its projects had been well selected and it had benefited from good relationships with clients and suppliers. â€Å"This has to change,† said Larry to his assistant Stephanie, â€Å"we can’t possibly be this lucky forever. We need to calculate the firm’s hurdle rate and use it in the future.† Stephanie Phillips, who had great admiration for the boss, replied, â€Å"Yes, Larry, why don’t I crunch the numbers and give them to you within the next couple of days?† â€Å"That sounds great, Stephanie,† said Larry. â€Å"My years of experience tell me that when it comes to the hurdle rate for new projects, one size hardly ever fits it all!† As Stephanie began looking at the financial statements, she realized that she was going to make some assumptions. First, she assumed that she assumed that the new debt would cost about the same as the yield on outstanding debt and would have the same rating. Second, she assumed that the firm would continue raising capital for future projects by using the same target proportions as determined by the book values of debt and equity (see Table 1 for recent balance sheet). Third, she assumed that the equity beta (1.5) would be the same for all the divisions. Fourth, she assumed that the growth rates of earnings and dividends would continue at their historical rate (see Table 2, for earnings and dividend history). Fifth, she assumed that the corporate tax rate would be 34% and finally, she assumed that the flotation cost for debt would be 5% of the issue price and that for equity would be 10% of selling price. The 1-year Treasury bill yield was 4% and the expected rate of return on the market portfolio was 10%.

Firda Kahlo Art Critical Analysing

Critical Analysis This is an oil on canvas painting by Friday Kohl called Cropped Hair, made in 1940 at a size of coxcomb. It is a self- portrait of her with a scissor in one hand and her hair creeping everywhere on the floor. As you can see in the painting, the fore ground busy because of the long dark hair that is laid all over the floor. In the middle ground of the portrait, it shows Friday Kohl sitting in a chair, wearing an oversized suit, that by the looks of it isn't hers while holding a serious, upset or pain face.As if she was thinking of the pain that someone had caused her, expressing it thought her minting. The way she is position in the painting is out of proportion, from her neck and below it is different from her neck and upwards, making her looks stiff and uncomfortable. The chair also stands out more than the rest of the portrait along with the hands, face and neck; she had used a bright warm yellow to out-stand the other dark and light, warm and cool colors. The ton ing of the middle ground is also very clear, showing all the shadows that are in the suits and her face.The background of the portrait is different from the rest. She had painted it plain, as well s making it look like they are clouds, bring all the attention to the foreground. The top of the background shows some text and music notes. The used of Friday Kohl's Line, Tone, Color, Shape, Pattern and shapes are very unique. She had used manly warm color in her portrait. A cool blue for the suit, a warm red for the floor, a warm yellow for the chair and a mixture of colors for the wall but mostly yellow.The tone's she used made the chair and herself look AD and the rest AD. The pattern she had used is clearly shown in the wall behind her; it is soft and has a repetition of smudge pots making it looks like clouds. This is very different from the rest of the portrait. The texture of the background, her skin, chair and suit are smooth rather than rough. The way she painted the portrait fl oor, from light transitioning into dark to make it seems spacey and how she placed the horizontal line far back.This make also made the room more spacious and wide as if she is in an empty room and by herself. The focal point of the portrait is of Friday Kohl sitting on the chair and the hair surrounding her. Your eyes would be more attacked to the hair that is on the floor cause it gives Off creepy but also sad look to it, your eyes then moves to her in the oversized suit then to the plain background. This it because of her use of red in the portrait, your eyes are usually more attacked to warm colors.Friday Kohl painted this portrait after she had a divorce with her husband, for cheating on her with her own blood sister. She wanted to express the self- independence and self- confidence that she had gain after the divorce. Showing him and other's that she does not need him anymore. I believe that the oversized suit she is wearing in the portrait is Diego. She did this because her h usband liked her to wear dresses and now that he is gone, she does not need to dress to impress. The scissor that she is holding in her hand, tells me that she had cut off all her hair.This was like a sacrifice to her. Her hair was the one thing her husband loved most about her, by cutting all her hair off. She is trying to show that she had cut all ties that she had ever had with her husband. If Diego had left her, then why goes she need the one thing her loved most about her. Your hair is like your Identity. No hair, no identity ‘look it was because of your hair, owe you are without hair, I don't love you anymore' this is what the text in the portrait says. This was a big sacrifice she was willing to make.The portrait looks very empty with Just her in the middle could maybe explain the feeling she was feeling after the divorce, depress, sad, lonely and empty. In my own opinion I dislike this portrait. It looks creepy and gross, with all the hair loosely laid on the ground an d her proportion isn't correct. This is something I would not want to hang up on a wall. It gives off an unpleasant and uncomfortable feeling, like she is looking at you every second, staring at you with hateful eyes.

Case Study Evaluation and Analysis using Leadership Theories and Concepts

Introduction Leadership is one of the most important factors that determine the overall performance of an organisation (Lussier & Achua, 2012). As argued by Hogg,Van Knippenberg and Rast (2012), how leaders in organisation’s delegated duties, make decisions and interact with other members either positively or negatively affects employee output and thus influences the attainment of the overall organisational objective. This paper presents an analysis of leadership at EEF, a membership organisation that is a counterpoint to the Trade Union movement and was founded with the aim of supporting employers in the United Kingdom. Among the key concepts addressed in this analysis are the key leadership theories can be applicable to this case and challenges encountered in the leadership process. The role of Leadership at EEF As an organisation that represents the interests of many employers around the United Kingdom, the leadership at EEF is obligated to ensure that it establishes the needs of its members and effectively addresses them. The role played by EEF’s leadership is exhibited by the fact that it addresses its members’ needs through providing them with advice, guidance and support that will enable them to efficiently and effectively manage their businesses. EEF’s leadership is also committed towards ensuring that the company is flexible enough to maintain its relevance in its service delivery by implementing the required changes. Some of the changes included the transformation of the company’s legal status from a federation to a limited company by guarantee in 2009 to ensure that that its status as a non-profit was protected. The other change that was implemented by the company’s leadership in the same year was converting it into a single integrated national ent ity from its original regionalised structure. This integration resulted into the appointment of another CEO who was expected to lead the company under its new banner of â€Å"One EEF†. All these changes were made by the company with the aim of addressing the ?7 million loss experience in 2009, which was the first it had ever experienced since it was founded. A regional team leader of the company’s sales team, Tom Jones, was also appointed to oversee the now consolidated team. These strategies that were implemented by the company’s top leadership to ensure that the company remains on track highlights one of the key roles of leadership in an organisation, which is decision making. Whereas the ?7 million loss that was suffered in 2009 might have highlighted flaws in the leadership of EEF that year, the immediate changes that were made show the commitment of the company’s leadership towards its good performance. Analysis of Tom Jones’ Leadership using Leadership TheoriesThe Trait Theory of LeadershipFrom the case, Jones was selected out of the other applicants who were originally in charge of the regional sales functions. Out of these was an applicant who had expected to be selected as the team leader because of his long-term experience with the company. The trait theory of leadership can be used in explaining this selection. According to the trait leadership theory, good leaders possess a variety of characteristics and personal traits that enable them execute their leadership responsibilities well. These include integrity, assertiveness, empathy, honesty, openness, likeability and decision making skills (Colbert et al., 2012). The applicant mentioned in the case who had served for long as the leader of a regional sales team could have possessed some of these traits, but not as many as Jones exhibited. Some of the traits exhibited by Jones – as highlighted in the case – included openness, honesty and good decision making skills.The Behavioural TheoryThis theory focuses the behaviour of leaders as they guide their followers towards attaining the overall organisational objective, and classifies leaders as democratic, autocratic or Laissez-faire (DeRue et al., 2011). Democratic leaders are characterised by the fact that they involve other team members in the decision making process. The suggestions that receive the most support from team members are adopted as final decisions. Whilst this approach is lauded for ensuring effective teamwork, it becomes challenging to reach a final decision when the suggestions provided are many and differ widely (Lussier & Achua, 2012). Autocratic leadership involves making of decisions without any prior consultation or involvement of team members. This approach has been regarded as being ineffective for teamwork dynamics and team agreement. It is however considered ideal in situations where decisions need to be urgentl y made (Bhatti et al., 2012). The Laissez-faire approach to leadership is carried out by allowing other team members to make most of the decisions with minimal interference from the leader. This approach is mostly applicable when team members are highly skilled and capable of independently making good decisions. However, leaders who prefer this approach might at times be mistaken for being lazy (Lussier & Achua, 2012). Jones’ leadership approach was characterised by openness, which contributed towards his adoption of a collaborative team building approach that involved sharing of information and ideas, which matches with the democratic approach. Jones also valued the experiences and ideas of other team members. By applying this leadership approach, the team was able to identify the major issues, which were later prioritised according to their urgency. Transactional vs. Transformational LeadershipLeadership can also be classified as either transactional or transformational. Tr ansactional leadership is based on the assumption that individuals are motivated by punishment and reward. It also assumes that the best way in which social systems can work is through the establishment of a clear chain of command (Carter et al., 2013). According to Bono, Hooper and Yoon (2012), transactional leaders work by clearly setting structures or rules by which their followers are required to abide, as well as rewards to be expected when they are adhered to. Whilst they are not usually mentioned, formal discipline systems and punishments are also well understood by their followers (Carter et al., 2013). This is as opposed to transformational leadership where leaders develop constructive visions for the organisation, sell them to their followers, find the way forward on how to implement the vision and lead the implementation of the vision (Wright et al., 2012). The diagram below depicts the differences between Transactional and transformational leadership. Table 1: Transactional vs. Transformational leadership (Adopted from Lussier and Achua (2012) Jones’ involvement of the team at EEF, formulation of necessary changes to transform the company and offering both personal and professional support to his team to enable them achieve these changes matches with the transformation approach to leadership. Among the changes that were identified as necessary for EEF were the establishment of new geographical sales areas and their respective sales representatives, implementing the necessary forecasting and reporting processes, and ensuring that the existing CRM systems are upgraded so as to attain consistency in the measurement key performance indicators. Jones embarked on achieving these changes by leading the change in the organisational culture by encouraging team members to be more ‘corporate minded’ and committed to problem solving. He also embarked on building corporation and trust within the team he was leading. These characteristics of Jones’ leadership further verify his transformational leadership appr oach. Leadership challenges from the Case There are several challenges that can be identified from the provided case on EEF. One of these was the loss that was incurred in the 2009 financial year, which triggered the transformation of EEF’s overall structure. The changes that were implemented further triggered challenges that are typical to any change process in organisations. The first was ensuring that he addressed the feelings of the applicants who lost on their applications as team leaders and creating a formidable team. Given that they all held same regional position before, it can be concluded that their capabilities were almost the same. Therefore, the most effective approach that could be used by Jones in addressing this was involving them in decision making through a highly democratic leadership style (DeRue et al., 2011). By knowing that their opinions are valued by their leader, they will be motivated and committed towards attaining the desired organisational objective (Lussier & Achua, 2012). The other challenge was in regards to the transformation of the organisation’s structure from being regionally based to a unit national structure. In order to attain this overall change, there are several change management models that could be used. One of these is the 8 step model of organisational change, which was proposed by Kotter (1996). It divides the whole change process into eight stages that are more manageable and all contribute towards the attainment of the desired outcome of change. These stages are explained in table 2 below. Whereas this approach to organisational change has been supported by a wide number of researchers, it has also received criticism. For instance, O’Keefe (2013) pointed out that the model assumes that change is a linear process and does not account for challenges or changes that might be encountered in the change process. Table 2: Kotter’s 8-stage model of organisational change (Kotter, 1996) Conclusion In conclusion, this paper has presented an in-depth analysis of leadership at EEF in regard to the changes implemented with the aim of recovering from its poor performance that was registered in 2009. In the analysis, leadership concepts and theories have been referred to and their applicability to the case has been explained. Among these are the trait and behavioural theories of leadership, transformational and transactional leadership models and Kotter’s 8 stage model of leadership. Even with the few mentioned challenges that were highlighted in the case, it has been shown that Tom Jones’ leadership approach was ideal for the EEF as it set out to implement the necessary changes in its functional and organisational structures. References Bhatti, N. et al. (2012) The impact of autocratic and democratic leadership style on job satisfaction. International Business Research, 5(2), pp.192-207. Bono, J.E., Hooper, A.C. & Yoon, D.J. (2012) Impact of rater personality on transformational and transactional leadership ratings. The Leadership Quarterly, 23(1), pp.132-45. Carter, M.Z., Armenakis, A.A., Feild, H.S. & Mossholder, K.W. (2013) Transformational leadership, relationship quality, and employee performance during continuous incremental organisational change. Journal of Organisational Behavior, 34(7), pp.942-58. Colbert, A.E., Judge, T.A., Choi, D. & Wang, G. (2012) Assessing the trait theory of leadership using self and observer ratings of personality: The mediating role of contributions to group success. The Leadership Quarterly, 23(4), pp.670-85. DeRue, D.S., Nahrgang, J.D., Wellman, N.E.D. & Humphrey, S.E. (2011) Trait and behavioral theories of leadership: An integration and meta?analytic test of their relative validity. Personnel Psychology, 64(1), pp.7-52. Hogg, M.A., Van Knippenberg, D. & Rast, D.E. (2012) Intergroup leadership in organisations: Leading across group and organisational boundaries. Academy of Management Review, 37(2), pp.232-55. Kotter, J.P. (1996) Leading change. Cambridge, MA: Harvard Business School Press. Lussier, R. & Achua, C. (2012) Leadership: Theory, application, & skill development. Mason: Cengage Learning. O’Keefe, K. (2013) Where Kotter’s 8 Steps Gets it Wrong. [Online] Available at: http://www.executiveboard.com/communications-blog/where-kotters-8-steps-gets-it-wrong[Accessed 18 December 2014]. Wright, B.E., Moynihan, D.P. & Pandey, S.K. (2012) Pulling the Levers: Transformational Leadership, Public Service, Motivation, and Mission Valence. Public Administration Review, 72(2), p.206–215.

Trends In Epidemiology Of Hiv Health And Social Care Essay

Zimbabwe has the 3rd largest HIV load in Southern Africa with an estimated 1 million grownups aged 15 and above and 150,000 kids under 15 life with HIV ( 1 ) . Harare, the state in which the capital is located, accounting for largest proportion of people populating with HIV in the state ( merely under 20 % ) and Bulawayo, the state ‘s 2nd largest metropolis accounting for the smallest proportion ( merely over 5 % ) . Zimbabwe has a generalized HIV epidemic, with exceptionally high degree of HIV prevalence in the yesteryear and significantly lower degrees at nowadays. It is estimated that between 1998 and 2010, grownup HIV prevalence has halved from 27.2 % to 14.3 % . ( 2 ) The epidemic in Zimbabwe has contracted faster than any other HIV epidemic in Eastern and Southern Africa as Figure 1 ( 1 ) below illustrates:Figure 1: HIV prevalence curves from East and Southern AfricaThe contraction in HIV prevalence is attributed to really high mortality every bit good as important alterations in sexual behavior ( 1 ) . During the economic system crisis Zimbabwe faced, the wellness system collapsed to widen that most HIV septic persons died due deficiency of antiretroviral drugs and installations for intervention of timeserving infections. In footings of behavior alteration informations from the Population Services International ( PSI ) studies conducted in 2001, 2003, 2005, 2006, and 2007 support this deci sion, particularly with respect to spouse decrease. For work forces 15-29, the proportion describing non-regular spouses fell from 32 % in 2001 to 21 % in 2003, and remained near that degree through subsequently PSI studies. For adult females 15-29, the estimations were for a decrease from 17 % to 8 % in the same period. Zimbabwe is geographically distributed into 10 states. In contrast to other states in the part, the Zimbabwean HIV epidemic is geographically rather homogeneous with similar HIV prevalence degrees across states ( Figure 2 ) . Geographic homogeneousness besides applies when HIV prevalence in rural and urban zones is compared: Rural and urban occupants have similar odds of being HIV infected ( 17.6 % in rural vs. 18.9 % in urban countries ) . There may nevertheless be important heterogeneousness in HIV prevalence at a local degree, as noted in really different degrees of HIV prevalence among Antenatal Clinic clients, with peculiarly high HIV prevalence degrees among those occupant in relocation farms, growing points, main road and boundary line towns ( 3 ) . Figure 2: Adult HIV prevalence by state in Zimbabwe Source: Zimbabwe Demographic Health Survey 2005/6. In Zimbabwe grownup HIV prevalence harmonizing to sex is significantly higher among adult females aged 15-49 ( 21 % ) than among work forces in the same age cohort ( 14.5 % ) ( 4 ) . This gender spread is even wider among immature people. Females aged 15-19 old ages have significantly higher HIV prevalence rates than work forces among the same age group ( Figure 3 ) .The differential between female and male prevalence is big besides in the age groups 20-24, 25-29 and 30-34 old ages reflecting both historical transmittal forms and important degrees of age disparate sexual relationships. The peak age for HIV infection in adult females is 30-34 old ages while for work forces it is the 40-44 old ages age group.Figure 3: HIV prevalence by age and sex in ZimbabweBeginning: 2005/6 ZDHS, Table 14.3 In 2007, an estimated 63,247 grownups acquired HIV. However, in 2009 it is estimated that this figure rose to 66,156 ( about 182 new HIV infections daily ) ( 5 ) . HIV incidence is estimated at 0.85 % in 2009. Projections into the hereafter, based on current HIV prevalence, population growing and antiretroviral therapy use indicate that the figure of freshly infected grownups will go on to turn. Heterosexual sex within unions/regular partnerships histories for the majority of beginnings of new grownup HIV infection in Zimbabwe. Other beginnings of new infections include insouciant heterosexual sex and sex work The UNAIDS Modes of Transmission ( MoT ) theoretical account was used to pattern beginnings of new infections, and overall incidence. The MoT modeling exercising confirmed that heterosexual contact remains the chief manner of transmittal in all countries of Zimbabwe, but this was represented by several different state of affairss including both insouciant and long term partnerships and miscellaneous grades of transactional sexual relationships. Nationally, the theoretical account estimates that the bulk of new infections occur among people in the general community who are non prosecuting in high hazard sexual activities. Persons in this hazard class are in discordant, monogamous relationships of at least a twelvemonth ‘s continuance but frequently longer ( 6 ) . Mother to child transmittal ( MTCT ) continues to stay a important beginning of new infections among babies. Approximately 1 in 3 babies born to HIV septic female parents are infected. HIV infection from an HIV-positive female parent to her kid during gestation, labor, bringing or breastfeeding is called mother-to-child transmittal ( MTCT ) . The per centum of babies born to HIV septic female parents who are HIV infected has remained high averaging 28.5 % between 2006 and 2009. An estimated 15,000 kids were freshly infected with HIV in 2009 ( 5 ) , the huge bulk of them through MTCT.Describe how HIV/AIDS Surveillance informations are collected and sketch the advantages and restrictions of these informations aggregation attacks.The aggregation of informations for HIV prevalence informations is really important for national HIV & A ; AIDS programmes particularly in footings of policy devising. There are several methods used but I will depict Antenatal Clinic Surveillance and Population Based Surveys sketching the advantages and restrictions of each.Antenatal Clinic SurveillanceThe chief intent of surveillance based on adult females go toing prenatal clinics is to measure tendencies in HIV prevalence over clip. However, because other informations beginnings are missing, prenatal clinic surveillance has besides been used to gauge the population degrees of HIV. This is normally based on anon. , unlinked, cross-sectional studies of pregnant adult females go toing prenatal clinics in the public wellness sector. Merely first-time attendants are included to minimise the opportunity of any adult female being included more than one time. Blood is taken routinely from pregnant adult females for diagnostic intents which include poxs, Macaca mulatta and blood grouping. After personal identifiers are removed the blood is tested for HIV. Antenatal clinic studies are normally done yearly at the same clip of the twelvemonth to obtain an estimation of the point prevalence for tha t twelvemonth. The national HIV prevalence of a state is frequently 80 % of the prevalence rate in pregnant adult females go toing prenatal clinics ( 7 ) . Advantages of Antenatal Clinic Surveillance Prenatal clinics provide ready and easy entree to a cross-section of sexually active adult females from the general population who are non utilizing contraceptive method. In generalised epidemics, HIV proving among pregnant adult females is considered a good placeholder for prevalence in the general population ( 7 ) Data for pregnant adult females will reflect the prevalence in groups that may be of higher hazard of infection because of their life agreements ( such as workers who live in inns or ground forces barracks ) if they have regular unprotected sexual contact with adult females in the general population. The restrictions of prenatal surveillance are recognized and acknowledged, and where possible, rectification factors have been developed to get the better of some of the restrictions. In states with low degrees of HIV prevalence, strategically placed lookout sites can supply an early warning for the start of an epidemic. ( 8 ) In recent old ages, many states have expanded the geographical coverage ( the figure and sample sizes of sites ) of lookout surveillance, particularly in rural countries, to better the representativeness of the samples. Restrictions of Antenatal Clinic Surveillance Most sentinel surveillance systems have limited geographical coverage, particularly in smaller and more distant rural countries. Womans go toing prenatal clinics may non be representative of all pregnant adult females because many adult females may non go to prenatal clinics or may go to private clinics. The rate of preventive usage in a state may impact the figure of pregnant adult females. The execution of prenatal clinic-based surveillance varies well between states ( 9 ) . The quality of the studies may change over clip depending on available resources. Antenatal clinic surveillance does non supply information about HIV prevalence in work forces. Because these studies are conducted among pregnant adult females, estimations for work forces are based on premises about the ratio of male-to-female prevalence that are derived from community-based surveies in the part. However, this ratio varies between states and over clip.Population-Based SurveiesThe restrictions of prenatal surveillance systems with regard to geographical coverage, under-representation of rural countries and the absence of informations for work forces have led to an involvement in including HIV proving in national population-based studies. Population-based studies can supply sensible estimations of HIV prevalence for generalised epidemics, where HIV has spread throughout the general population in a state. However, for low-level and concentrated epidemics, these studies will undervalue HIV prevalence, because HIV is concentrated in groups with bad behavior and these gro ups are normally non adequately sampled in household-based studies. Some early studies were designed for unlinked anon. testing, in which the HIV trial consequences could non be linked to persons, whereas more recent studies have incorporated linked anon. testing, in which HIV trial consequences can be linked to behavioral informations without uncovering the individuality of any person who has been tested. Advantages of Population Based Surveies: – In generalised epidemics, population-based studies can supply representative estimations of HIV prevalence for the general population every bit good as for different subgroups, such as urban and rural countries, adult females and work forces, age groups and part or state ( 8 ) . The consequences from population-based studies can be used to set the estimations obtained from sentinel surveillance systems. Population-based studies provide an chance to associate HIV position with societal, behavioral and other biomedical information, therefore enabling research workers to analyze the kineticss of the epidemic in more item. Information from this analysis could take to better plan design and planning. Restrictions of Population Based Surveys. In population-based studies, trying from families may non adequately represent high-risk and nomadic populations. In low-level or concentrated epidemics, population-based studies hence underestimate HIV prevalence. Nonresponse ( either through refusal to take part or absence from the family at the clip of the study ) can bias population-based estimations of HIV. ( Roll uping information on nonresponders can assist in the procedure of seting for nonresponse. ) Population-based studies are expensive and logistically hard to transport out and can non be conducted often. Typically, these studies are conducted every 5-10 old ages ( 8 ) .Outline the major factors doing spread of HIV/AIDS in the community where you live or work.The followers are some the factors which have been attributed to distribute of HIV in Zimbabwe Multiple Concurrent Partners ( MCP ) is by and large defined as a sexual behavior characterised by holding more than one sexual spouse in the same clip period. Zimbabwean work forces are more likely to hold multiple spouses than adult females. Harmonizing to the Zimbabwe Demographic Health Surveys 2005-6 ( ZDHS -2005-6 ) , 1 in 10 adult females and 1 in 3 work forces aged 15-49 old ages who had sex in the 12 months predating the study had sex with two or more spouses. Low and inconsistent degrees of rubber usage, particularly among married twosomes. There is by and large a low degree of rubber usage in Zimbabwe, although the more insouciant the sexual brush, the more likely that a rubber is used due to increased hazard perceptual experience. Harmonizing to the ZDHS ( 2005-6 ) , rubber usage is last amongst married twosomes and those with long-run spouses with merely 3.6 % of married adult females and 7.7 % of work forces describing utilizing rubbers the last clip they had sex with a partner or cohabiting spouse. Harmonizing to a survey by SAFAIDS about 52 % of all new infections which occurred in 2009 occurred among married people which makes the matrimony a hazard brotherhood. Low Levels of Male Circumcision: Male Circumcision is one of the best ways that has been seen to forestall HIV transmittal by about 60 % harmonizing to three surveies carried out in the different states in Africa: – Rakai, Uganda ( 10 ) ; Kisumu, Kenya ( 11 ) and Orange Farm, South Africa ( 12 ) . Male Circumcision has been seen to work through the undermentioned mechanisms: – Decrease of surface country by taking the prepuce which has seen to advance entry of HIV virus. Hardening of open glans penis therefore cut downing scratchs and hazard of HIV incursion. The removed prepuce agencies, HIV can no longer be trapped underneath therefore minimising transmittal. However male Circumcision in Zimbabwe remains low with 10.5 % of work forces aged 15-54 coverage being circumcised in the 2005/6 DHS. Such a low degree is improbable to impact overall HIV transmittal to any of import grade. In Zimbabwe, harmonizing to mathematical modeling ( Figure 4 ) , the figure of new HIV infections will drop significantly if male Circumcision services are expanded. The modeling is assuring and what needs to be done is to supply more consciousness and still negative attitudes.Figure 4: – Zimbabwe Projected New Infections Cases with Male CircumcisionAdapted from a presentation by Karin Hartzold, PSI, Zimbabwe, 2010 Age disparate sexual relationships: Surveies indicate that relationships between immature adult females and older work forces are common and tolerated in Zimbabwe as in many parts of sub-Saharan Africa and are associated with insecure sexual behavior and increased HIV hazard as informations from the 2005-6 ZDHS indicates. In such relationships rubbers use tends to be selectively and strategically and such use additions HIV hazard. High degrees of Sexually Transmitted Infections: Sexual transmitted Infections increase the hazard of HIV infection. This hazard is much higher with ulcerating infections like pox and herpes simplex. The prevalence of sexually transmitted infections in Zimbabwe is really high and this has been lending a high prevalence rate. In Zimbabwe the 2009 ANC Sentinel Surveillance Report showed that adult females with current or past venereal ulcer disease ( GUD ) had about three times the HIV prevalence of adult females without a history of GUD. Among immature ANCs aged 15-24, those with GUD had a HIV prevalence of 31 % . This is corroborated by ZDHS 2005-6 that found that work forces and adult females who reported a recent STI were significantly more likely to be HIV positive, harmonizing to the 2005/6 DHS. 40 % of adult females who reported holding had an STI or STI symptoms in the old 12 months were HIV-infected, compared to 24 % who did non describe an STI or STI symptom. For work forces, the corresponding HIV prevalence figures were 32 % and 18 % . Other factors: – though the above factors are the taking 1s in footings of distributing HIV & A ; AIDS in Zimbabwe other factors like poorness, migratory labour systems with household breaks, commercial sex workers, low position of adult females due to gender favoritism and male laterality still play a important proportion in footings of advancing HIV transmittal.