Monday, September 30, 2019

African Societies Transformed

Walter Rodney explains how different tribes In Africa survived or were defeated. The Bilbao were one of the tribes most mentioned which lead me to believe that they were very well off. Rodney then went on to describe how they were able to survive. I will discuss why I believe they did survive so long and so well. First off, I do not agree with how the Bijou handled their survival.Raging war and capturing your own neighbors Is what the Balboa had to do though. Rodney describes the tribe as geared towards war and the men were great warriors (56). The Bijou would burn down a village and If the people fought on their way from the burning huts, the Bilbao men would cut them to pieces. The ones that did not fight would be taken captive for the Europeans. Sine the Bilbao tribe were such great warriors. They were very near able to avoid enslavement of their own people.Along with their talent of fighting, they were very easily manipulated by the Europeans. Because the Bilbao were so easily ma nipulated, the Europeans could get however many slaved they wanted or needed. Like I mentioned before, I do not agree with their way of survival but at the same time I can understand why they did what they did. Being under the thumb of the Europeans is better than being a slave. I do believe that that was their same logic as well.Considering their situation, I would Greer just this once, that I would have done what they did to at least have a 90% chance of survival. Rodney, Walter. African Societies Were Transformed by the Slave Trade. Oxford university Press: Copy Right 1970. African Societies Transformed By Jellyroll How The Bilbao Survived Walter Rodney explains how different tribes in Africa survived or were defeated. The First off, I do not agree with how the Bilbao handled their survival. Raging war and capturing your own neighbors is what the Bilbao had to do though.Rodney describes the tribe as geared towards war and the men were great warriors (56). The Bilbao would burn do wn a village and if the people fought on their way from the burning huts, the Bilbao men would cut them to pieces. The ones that did not fight would be taken captive for the Europeans. Sine the Bilbao tribe were such great warriors, they of fighting, they were very easily manipulated by the Europeans. Agree Just this once, that I would have done what they did to at least have a 90%.

Sunday, September 29, 2019

Cosi hsc practice essay Essay

Discuss how Nowra’s perspective on personal relationships is conveyed in Cosi. The play Cosi by Louis Nowra is an emotional portrayal of personal relationships in a Melbourne mental institution ostracised by society. Throughout the play Nowra’s perspective on personal relationships develops and changes through character relationships and development, especially the development of the main protagonist Lewis. Nowra conveys his perspective on personal relationships through themes such as the importance of love and fidelity, the empowerment of women and learning and self-development. Techniques such as symbolism, intertextuality and contrast are also used to further highlight Nowra’s perspective. Nowra’s perspective on personal relationships is primarily shown through the character Lewis and his personal relationships with other characters in the play, especially in his relationship with his girlfriend Lucy. Act Two, Scene Two which features a confrontation between Lewis and Lucy on their relationship is significant in showing this. In this scene, Lucy comes to pick Lewis up to take him to the moratorium meeting and Lewis must decide between staying for the play and going with Lucy. Nowra’s belief on the importance of the existence of love and fidelity in a relationship is shown when Lewis says to Lucy â€Å"It’s about important things like love and fidelity†. Intertextuality is used here through Lewis’ character development and change of values that is evident in this line. This change occurred through his participation in the production of Cosi Fan Tutte with the patients and his exposure to the themes in the play. The women in both Cosi Fan Tutte and Cosi are often compared with the Arabian Phoenix which acts a symbol for a woman’s constancy or fidelity. â€Å"A woman’s constancy is like the Arabian Phoenix. Everyone swears it exists, but no one has seen it.† This is quoted by Lewis to Lucy to further convey Nowra’s belief in the importance of love and fidelity in a relationship. As Cosi was written in a time where a huge social change was occurring and women were beginning to have more sexual freedom with the invention he birth control pill, a lot of aspects of the play focus on the empowerment of women and the double standards that exist between and women in society especially when it comes to fidelity. This is shown in Nowra’s contrast of Act Two, Scene One and Act Two, Scene, Two. In Scene One, Lewis is unfaithful as he kisses Julie but in Act Two he reprimands Lucy for sleeping with Nick failing to mention his own infidelities. Intertextuality is used in this scene when Lewis claims that a woman’s constancy is like the Arabian Phoenix, revealing his hypocrisy. Through Lewis’ condemnation, Nowra demonstrates that, although modern society has become more sexually lenient, there are still double standards that occur which condone men’s fidelity but condemn women’s fidelity. It is revealed that Nowra believes that men and women should be equal not only in relationships but in society too. Julie articulates the message at the beginning of the play when she says that men â€Å"want women to deceive them because it will prove their worst thoughts about women† which in contrast is confirmed by Lewis’ attitude towards Lucy’s infidelities.

Saturday, September 28, 2019

Natural Justice Essay

4) What is natural justice? Natural justice is a natural sense of what is right and wrong. It is a procedural concept and does not imposed any substantive restriction. Besides that, natural justice is also a fair administrative procedure to be followed by the administrative body in arriving at a right decision. Natural justice has two main components; the rule of hearing or rights to be heard or audi alteram partem and the rule against bias or nemo-judex in causa sua. 5) What are the main elements in nemo-judex causa sua? Nemo-judex causa sua means the rules against bias. It means that a man should not be a judge in his own cause. The principle that bias disqualified an individual from acting as an adjudicator flows from two fundamental maxims; a man should not be a judge in his own cause; and justice must not only be done but be seen to be done. The fountain of administration justice must not only be pure but it must also enjoy public confidence and credibility. The adjudicator must not only be free from bias but there must not even be appearance of bias. There are three types or elements of bias; Pecuniary bias, Personal bias and Policy bias. A pecuniary interest, however small, in a controversy disqualifies a person from acting as a judge. In DIMES v GRAND JUNCTION CANAL, a public limited company filed a case against a land owner in a matter largely involving the interests of the company. The Lord Chancellor who was a shareholder in the company heard the case and gave the desired relief to the comp any. The decision was quashed by the House of Lords because of the Lord Chancellor’s pecuniary interest in the company. Personal bias may arise in the adjudicatory right, or in favour of, one party to the dispute before him under many varied circumstances, for example relationship, friendship or business dealings with or hostility or animosity against a party may disqualify an official to act as an adjudicatory in a dispute. All these circumstances create bias either in favour of, against a party to the dispute. In AK KRAIPAK v UNION OF INDIA 1970 SC 150, a Selection Board was formed to select employee of state service to the Indian Forest Service was one of the candidates and he was a member of the Selection Board. The Supreme Court held that a member of a decision making body cannot be both a party and a judge in the same dispute. In the case of official bias, the adjudicatory is not influenced by any personal or pecuniary but he is so imbued with the desire to promote official policy of his department that he becomes blind to the existence of the interests of the private individual. When an administrator acts as decision maker to decide a dispute between an individual and his department, there is a tendency that he was an official or policy bias towards his department. In ALKAFF & CO v THE GOVERNER-IN-COUNCIL, the Commissioner of Law was a member of Singapore Improvement Trust (SIT). SIT approved certain scheme and applied to the Governor-in-Council for approval. The Governor appointed the Commissioner to inquire and to make report on the proposal. The commissioner recommended approval of the scheme. Therefore held, the appointment of Commissioner to inquire the merit of the scheme could result in suspicion that justice might not be done. The order was quashed. 6) What is the element in audi alteram partem? Audi alteram partem is the rule which requiring fair hearing. It has few elements. The first element is notice. Notice is a basic norm of natural justice is that before initiating adjudication proceedings, the party concerned should be given notice of the case against him so as to enable him to adequately defend himself. The right of hearing become illusory if the party has no knowledge of allegations which he need to meet. Notice thus regarded as the sine qua non of the right of hearing. The notice means an adequate notice as regards the details of the case against the party. Any proceeding taken against a person without adequate notice to him infringes natural justice and is thus invalid. It is necessary that all the grounds on which action is proposed to be taken must be communicated to the person concerned. If it transpires later that action was taken on a ground which had not been taken communicated to him earlier than the action will be invalid. In the case study of MARADANA MO SQUE TRUSTEES v BADI-UD-DIN MAHMUN [1967] 1 AC 13, the government took over the school on two grounds due to the failure to pay salaries of teachers and unable to manage the school, but the manager was asked to explain only one ground which is the failure to pay salaries. The managers had no notice of the other grounds, which influenced government’s decision. Privy Council held that the decision to take over the school was quashed as the managers were not given notice of one ground. The minister was acting in quasi-judicial capacity and was bound to observe the rule of natural justice. Relating to the case above, a notice must be served in order for the person concerned to know the charges he had to meet; and have a sufficient time to prepare his defence. For example, in the case of SURINDER SINGH KANDA v GOVT OF MALAYSIA [1962] MLJ 169, Lord Denning stated that if the right to be heard is to be real which is worth anything, it must carry with it a right in the accused man to know the case which is made against him. The notice must be given a reasonable opportunity to comply with its requirements. Sufficient time must be given to the concerned person to prepare his defence. For example, in the case of RE LIVERPOOL TAXI OWNERS’ ASSOCIATION [1967] 2 MLJ 186, a letter was sent to the association to show cause by return of post against the issue of fresh taxi licenses. The notice was held to be inadequate. It is against natural justice to call upon the concerned person to show cause immediately and to permit him no time to consider the charges against him. If the notice is inadequate, the decision will be invalid as it is against the natural justice. The second element is hearing. Natural justice requires an adjudicatory body to not to make a decision adverse to a party without affording him an affective opportunity of adequately meeting the allegations against him and presenting his own case. There is no fixed hearing procedure which has to be followed in all cases. It varies from situation to situation. It is ultimately for the court to decide whether the procedure adopted in a specific situation accords with natural justice or not. In the case stu dy of PHANG MOH SHIN [1967] 2 MLJ 186, the inquiry officer embarked on the inquiry immediately after reading the charge to the officer against whom the inquiry was being held. His request for an adjournment to enable him to prepare his defence was refused. It was held that there was a denial of natural justice. The third element is reasonable opportunity of being heard. There are certain elements need to be observed. The first element is the adjudicating authority should disclose all information, evidence or material which the authority wishes to use against the individual concerned in writing at its decision. The general rule is that all the relevant material which is being relied upon by an adjudicating authority for giving its decision against a person, should be brought to his notice and he be given an opportunity to comment, criticise, explain or rebut the same. For example in the case of AZIZ BIN ABD RAHMAN v ATTORNEY GENERAL SINGAPORE [1979] 2 MLJ 93, the court held that as vital and relevant evidence had not been disclosed to him, there was breach of natural justice insofar as he was denied an opportunity of correcting or controverting the medical evidence considered relied upon by the medical board. The second element is the authority should receive the evidence and all relevant material which the party concerned may wish to produce before it in its defence. In an oral hearing, the adjudicatory authority is obligated to give the person concerned opportunity to produce evidence on behalf of the affected person may amount to breach of natural justice by the authority concerned. Based on the case MALAYAWATA STEEL BHD v UNION OF MALAYAWATA STEEL WORKERS [1978] 1 MLJ 87, the company challenged an award of the Industrial Court on the ground of breach of natural justice as the company was denied the opportunity to call witnesses. The High Court held that there had been a denial of natural justice when the applicant was not allowed to call his essential witnesses to adduce evidence at the hearing and was therefore denied a reasonable opportunity of presenting his case. The third element is the authority should give to the individual concerned an opportunity to rebut the material against him. In oral hearing, cross-examination of witnesses testifying against a party should be permitted. It is actually not regarded as an obligatory part of natural justice in all cases. Whether an opportunity for cross-examination is to be given or not depend upon the circumstances of each case. Based on the case CEYLON UNIVERSITY v FERNANDO, the argument of the appellant that he had not been given an opportunity to cross-examine witnesses testifying against him was rejected by the Privy Council on the ground that he never claimed such right. Even where cross-examination of witnesses is allowed, the authority may refuse to permit unnecessary cross-examination of a witness. Even if cross-examination of witnesses is not an obligatory part of natural justice, it is still necessary for the decision-making authority to give the party concerned a fair opportunity of comment ing on the evidence produced against him and of contradicting the same. The fourth element is reasoned decision. Traditionally, the British courts had taken the view that natural justice does not obligate an adjudicatory body to give reasons for its decisions. In BREEN v A.E.U. [1971] 2 Q.B. 143, Lord Denning did emphasize that the giving of reasons is one of the fundamentals of good administration. The obligation to give reason avoids unfair or arbitrary decisions by adjudicatory bodies; search for reasons for their decisions is bound to make these bodies alert and careful. Reasoned decisions ensure that decision-making bodies apply their mind to the facts and circumstances of the matters they decide and that they do not act in a mechanical manner. In India, however, the Supreme Court has insisted time and again that natural justice obligates decision-making bodies to give reasoned decisions. The fifth element is the right to be counsel. Generally, appearance of a lawyer is not claimable as a matter of right in a quasi-judicial hearing. But in a case where complicated questions of law and fact arise, where the evidence is elaborate and the party concerned may not be in a position to meet the situation himself effectively, denial of legal assistance may amount to denial of natural justice. In PEET v GREYHOUND RACING ASSOCIATION [1968] 2 ALL ER 545, the Court of Appeal ruled that natural justice required that the plaintiff should be presented through a lawyer as he was facing a serious charge concerning his reputation and livelihood. However in the case of FRASER v MUDGE [1975] 3 ALL ER 78, the court ruled that in a disciplinary matter there was to be hearing but no legal representation. In this case, a prisoner with an offence against prison disciplines sought legal representation before the Board of Visitors while enquiring into the charge before him.

Friday, September 27, 2019

Torsion Lab Report Example | Topics and Well Written Essays - 1500 words

Torsion - Lab Report Example Fenner and other (1984) indicated that the modulus of rigidity is given by the ratio of stress to shear strain often represented mathematically as ?/?. As widely cited, modulus of rigidity is essential in measuring the material’s shear stiffness and it is known to be analogous to Young’s modulus for any elastic behaviour in compression or tension (Benham, Crawford & Armstrong, 1996). Given that a ductile material component useful in providing shear, an individual need to note that the maximum shear stress is safety, which is less than the materials yield shear stress (?y). However, a brittle material the criterion of failure is based upon its tensile stress (Gere &Timoshenko, 1984). Research indicate that the theory of torsion often give the torque in form of rotation as (1) The equation 1 above is often derived from Hooke’s law and it is also valid for the shear stresses though somewhat lower than shearing proportional limit (Case, Chilver & Ross, 1993). In a so lid circular section, it has been outlined mathematically that the polar second moment of the area of cross section is given by equation (2) (Ryder, 1969) (2) This implies that from (1), it can be shown that the maximum shear stress, that occurs at r = d/2, is provided by equation (3) (3) This experiment deals with determining yield shear stress along with the modulus of rigidity for the specimen of brass and mild steel of a circular cross section. Apparatus In this experimental set up, there were various sets of apparatus used. Among them were the torsion machine, a torsion bar, a gearbox, a torque meter, two protractors, a counter, and a hand-wheel. This way, a torsion machine was used for carrying out a test involving a specimen that was accommodated within the socket at each end. The 60:1 reduction gearbox served the purpose of manually applying the angular displacement at the left- hand side. The torsion bar was essential in this experiment given that it was used for measuring the torque when at right-side with a torque meter being used for reading digital data. The two protractors listed above were vital in this experiment since they were used for purposes of measuring the rotation of the specimen. They were placed at the gearbox, in which case, one was placed at the input hand wheel along side a 6 degrees scale, while the second gearbox was placed at the specimen shaft at 360 degrees scale. The counter, on the other hand, was used in providing the number of revolutions each of which might be zeroed. Last but not least, the hand-wheel placed at the torque meter assembly was used in returning the right-hand of the given specimen back to the original position. Procedure It is worth enlisting that this lab exercise involved 2 experiments: experiment 1 and experiment 2. This implies that there were specific procedures for specific experimental set up. In experiment 1, which involved determining the modulus of rigidity G for brass and mild steel, the procedur e for the experiment involved the following steps. 1. The diameter of the each of the cylindrical portion of the specimen was measured. 2. Using the level, the torque meter hand-wheel was adjusted in ensuring that the torsion bar, as well as the deflection bar is maintained close to and as parallel as possible. 3. The dial gauge was then set to zero through rotating the outer bezel. 4. The specimen was then accommodated in the right hand hexagonal

Thursday, September 26, 2019

APP9 Assignment Example | Topics and Well Written Essays - 500 words

APP9 - Assignment Example This success in terms of safety is due to the instituted safety committee comprising of members emanating from each firm’s department. When they have a safety walk or an inspection, the members are reshuffled in such a case that one from the food department heads to production with the intention of pin pointing any slight and future foreseeable risks to rectify them in time. The company hold onto the notion by having own operators undertaking the inspection exercise for they are capable of ascertaining risky aspects different as other people would. Simms has ensured that his operators have a short break from their work during the day whereby they are required to stand up and stretch and music is put on. The company has also provided its operators with very expensive but comfortable chairs that are light for the workplace. These chairs help prevent scenarios of back aches and fatigue besides putting draft tables that direct fumes outside, hence implying they have protected operators’ wellbeing. Most of the machines in Simms Company require operated with both hands and by improvising the finger protector his employees are not exposed to losing their hands. Yes. I think through these efforts will attract quality workers because it is normal for any human to work in good and favorable conditions where they are comfortable as well as not overworked. Operators want to be linked with an organization that has comfortable and safe settings for their health as well as that will ensure them be productive without coerced. In addition, people love places where they are involved in the affairs of the company and it is clear Simms does that by forming a safety committee comprising of members from its departments instead of hiring more staff to undertake this task. After Simms devised the safety program, it took him around three years when he started to note huge reductions in their

Political Science Assignment Example | Topics and Well Written Essays - 250 words - 1

Political Science - Assignment Example The Congress used the commerce power in the U.S constitution to enact the provision that the Supreme Court subsequently upheld (Schwinn, 2015). The Supreme Court upheld the constitutionality of the provision. Indeed, the Supreme Court noted that the provision could apply in small local hotels since they bought most of their raw materials from other states thus amounting to interstate commerce that falls under the regulation of the commerce clause (Cornell University Law School, 2015). The provision is an effective business measure that eliminated the eminent negative image on interstate commerce since it criminalized the behavior of denying the minority groups access to accommodation and catering services. Ideally, racial discrimination has substantial effect on interstate commerce and hence the provision seeks to regulate this effect (Cornell University Law School, 2015). The provision has control over non-state businesses unlike the Fourteenth Amendment that only applied to state actors. The Fourteenth Amendment only illegalized state-sponsored dis ­crimination but did not address private discrimination. The provision developed a private right of action that allowed the federal government to charge non-state actors with Equal Protection violations (Schwinn, 2015). Apparently, most businesses serve interstate travellers and hence the significance of the provision. As such, I agree with the provision in the 1964 Civil Rights Act that illegalizes racial discrimi nation in businesses that provide accommodations to interstate travelers. Schwinn, S. (2015). Civil Rights Act of 1964: Enduring and Revolutionary. Retrieved from

Wednesday, September 25, 2019

NonVerbal MisCOmmunication Essay Example | Topics and Well Written Essays - 250 words

NonVerbal MisCOmmunication - Essay Example In my locality, this sign would generally be taken to mean peace, love or victory. The foreigner, an Italian, reacted not as I expected. He murmured some harsh words and threw a stream of insults at me beneath his breath. I really did not understand why the Italian responded negatively to my humble appeal for love and peace. I felt humiliated especially considering that so many people in the venue had witnessed my move and the foreigner’s reaction. Several years later, I came to realize that the V-sign is an insult in Italian culture, quite the opposite of what I meant. In order to avoid conflicts that arise from non-verbal communication, I always try to learn people’s cultures and thereby improve my intercultural communication skills as much as I can by reading books on intercultural communication, in line with Novinger’s suggestion (Novinger, 2001). I have become more careful on the gestures that I use when

Tuesday, September 24, 2019

Chekhov's Attitude to Romantic Love Essay Example | Topics and Well Written Essays - 250 words

Chekhov's Attitude to Romantic Love - Essay Example Conversely, Dimitry’s â€Å"an absence of emotional involvement† is short-lived due to Anna’s â€Å"unquestioning love†, which gave him the confidence to dispel his â€Å"egocentricity† (Llewellyn 884). Yes. This is evident in the account’s unfolding circumstances whereby at the onset of the illicit affair, they seem much engraved into the humanity’s nature. For instance, Dimitry’s â€Å"an absence of emotional involvement† which slowly changes due to Anna’s â€Å"unquestioning† affection towards him (Llewellyn 883). Besides, Anna’s unique character and love towards Dimitry utterly changes his long held perception towards the female gender (Llewellyn 884). Love has the power to conquer diverse and numerous circumstances due to its unique force. For instance, Dimitry’s affair with Anna changes his perception regarding normal life’s material wealth and his associates, which he thought they were of considerable essence before their encounter (Llewellyn 884). The text also contends love is a â€Å"force for good† whereby those who embrace or employ it as necessitated alter their varied circumstances, which may seem t o challenge them (Llewellyn

Monday, September 23, 2019

HAT SIZE AND INTELLIGENCE Essay Example | Topics and Well Written Essays - 2000 words

HAT SIZE AND INTELLIGENCE - Essay Example While Gardner has already proven that man have different capacities for processing information, schools today continue to focus on language and locigal-mathematics as a measure of a child’s scholastic success. However, for the purpose of clarity, these capabilities which can be measured through mental test questions are now referred to as psychometric intelligences. Other intelligences mentioned by Gardner include capacities in music, visual-spatial conceptualization, bodily-kinesthetic skills, knowledge of other persons, knowledge of ourselves (Gardner, 1983: 48). Hat Sizes, Brain Sizes and Intelligence Over the years, new studies attempting to discover the origin of intelligences of have been launched, but despite these researches, our knowledge of the topic is still incomplete. From the beginning, however, intelligence has been related with the brain. In the 1500s, Greek and Roman philosophers thought that the more efficient brain had â€Å"the right amount of the four hum ours, blood, phlegm, and black and yellow bile† (Deary, 2001: Chapter 3). In the 19th century as technology started developing, scientists have focused on one factor to determine a person’s intelligence: the size of the brain. ... The idea of using hat sizes to measure brain size (hence, a person’s intelligence) came from Paul Broca who said, â€Å"the brain is larger in mature adults than in the elderly, in men than that in women, in eminent men than in men of mediocre talent†¦ Other things equal, there is a remarkable relationship between the development of intelligence and the volume of brain† (as quoted in Gould, 1996: 33). While there have been researches that corroborated Broca’s claim, several studies have tried to disprove the connection between hat size and intelligence. In 1925, Popular Science published the article Why You May Wear a Small Hat and Still Have a Big Mind (Grahame) which attempted to compare hat sizes of famous men like President James A. Garfield, Theodore Roosevelt, etc. to those of the common American. Through the simple comparison, the article concluded that there is no connection between the hat size (hence, the size of the brain) and intelligence. To quo te, â€Å"There seems to be a closer connection between the size of a man’s body and the size of his brain than there is between the size of his brain and the power of his mind† (Grahame, 1925: 16). While Arthur Grahame’s article has shown early on that a person’s hat size cannot be used to measure his intellect, his claims were not readily accepted because he did not use statistical analysis to prove his point. H.T. Epstein utilized data on the head circumferences of white Bostonians and their vocational status to show that there is no correlation between these two variables. Research Goal, Problem Statement and Hypothesis The main research question for this paper is: Does a person’s head circumference determines his

Sunday, September 22, 2019

Legal essay(family law) Essay Example for Free

Legal essay(family law) Essay Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown. Legislation and cases strive to achieve justice for all parties involved in a relationship breakdown. However, justice can be difficult to achieve as the law does not always uphold the rights of individuals. The law does reflect social and community values and strives to be accessible. Divorce is an example of the law being easily enforced, while with disputes involving children effectiveness isn’t always achieved. Amendments to legislation now make the law more effective when dealing with relationship breakdown’s between same sex couples and de facto relationships. Divorce is becoming more common in society, this means that legislation has been made more effective in achieving individuals rights. The Family Law Act 1975 (cth) established ‘no fault’ divorce, as long as the couple is separate for 12months, that overturned the Matrimonial Causes Act 1959 (Cth). Divorce is an effective method in achieving justice for parties involved in a relationship breakdown. An example of this is in the case Pavey v Pavey 1976, this case established ‘separate under one roof,’ this allowed couples to get a divorce even if they were living together due to financial strain. Pavey v Pavey is an example of how the law achieves justice for individuals and the accessibility of the law. Most issues related to relationship breakdown involves children, legislation has been improved in recent years to overcome this, but there are still many cases where justice isn’t achieved for all parties. The Child Support (assessment) Act 1984 (cth) aims to deduct money to support the child if the parent isn’t living with them. The Federal Government in 1990 ratified the UN’s Convention on the Rights of the Child. This ruled that all cases were to be solved in the ‘best interests of the child.’ The Family Law Reform Act 1995 (Cth) recognises ‘best interests of the child’ and also changes ‘custody’ to ‘residency’ and ‘contact.’ This legislation has effectively achieved justice for families however, the ‘best interests of the child’ and the presumption of shared parenting outlined in the Family Law Amendment Act (Shared Responsibilities) Act 2006 (NSW) was overturned by the High Court. The High Court overturned ‘best interests of the child’ in the case MRR V GR 2010, as shared parenting wasn’t reasonably practible and the rights of the individual was not being upheld. MRR v GR is an example of how legislation is not effective, but due to the responsiveness of the legal system, justice was achieved. The Family Law Amendment (Shared Responsibilities) Act 2006 (NSW) also created Family Relationship Centres that allowed families to resolve disputes and there is compulsory 3 hours mediation in the breakdown of a marriage involving children. The law has been effective in achieving justice for parties involved in a relationship breakdown as it upholds community values, is accessible and responsive and aims to protect the rights of individuals. The law is also responsive in protecting the rights of individuals through the media and lobby groups. Lobby Groups such as Dads in Distress, aimed to establish shared parenting as they were unable to see their children. This lead to reforms in the Family Law Act with a presumption of shared parenting. However the media has given reports of children being at risk because of shared parenting. This is shown in the SMH report ‘For the Sake of the Children.’ The law has to reflect community’s conflicting vales and therefore is not always effective in protecting the rights of the individual. Unmarried couples also have to be protected in the event of a relationship breakdown and justice must be achieved. The Property (Relationships) Act 1984 (NSW) defines de facto relationships and included same sex relationships in the definition. This act protects individuals in the situation of a relationship breakdown by identifying which parties get what. The SMH released an article, ‘Here’s an Idea’ that recognises de facto relationships as a valid choice and that they should be protected by the law. Through recent legislation reforms individual’s rights are achieved, as well as the law being accessible. However, legislation is not always responsive, as de facto relationships were only defined in 1984, and they did not have the same rights as married couples until then. The law is effective in achieving justice for parties involved in a relationship breakdown. Divorce is easily accessible and responsive. Relationship breakdown including children is mainly effective in protecting the rights of individuals and upholding societal values. Through recent legislation developments the relationship breakdown of de facto relationships is now treated the same as the dissolution of marriage. The law is mostly effective in achieving justice and protecting the rights of individuals involved in a relationship breakdown. View as multi-pages

Saturday, September 21, 2019

HR Manual for Tata Power Community Development

HR Manual for Tata Power Community Development Tata Power Company (TPC), a pioneer in the power sector, has historically been committed to environment enrichment and community services. TPC has been undertaking corporate social responsibility (CSR) activities for decades. Tata Power Community Development Trust (TPCDT) is a CSR function deployment organization of TPC. With more and more power generation projects coming into existence, activities related to CSR have increased. TPCDT now required a set of policies and guidelines in order to have smooth governance and operational efficiency in terms of human resource management. Creating a well defined set of rules and policies in organizations manuals could help to avert problematic situations. Hence, the objective of this project is to frame a Human Resources (HR) Policy Manual for TPCDT. The project also aimed at studying various aspects of Human Resources in this organization, analyzing and incorporating HR Policies. Methodology for the project included examining the areas of operation of organization and assimilating information about its operational aspects. After gathering data, the policies that need be incorporated in Human Resource Manual of TPCDT were identified and an in-depth analysis of their applicability to the organization was carried out. The next step included study of various employee and labour related acts as a part of identification of compliance and necessary requirements. HR Manuals of similar organizations and trusts were also referred to understand overall content and flow of the HR Manual for TPCDT. Major observations were noticed in terms of organization structure and internal management systems. The whole structure of TPCDT was to be redesigned. Various grades and designations were identified in accordance with those of Tata Power Company Ltd. A whole new performance appraisal system was designed to suit the hierarchy of the organization. Further for smooth function within the organization an efficient grievance handling mechanism was also established. For all the above major observations certain policies and strategies were recommended by me. Majority of my proposals and recommendations were accepted viz. TPCDTs Organization Structure, Grades and Designations for TPCDT, Three Tier Performance Appraisal System, Looped Grievance Handling Mechanism, Recruitment Flowchart, Forms and Templates, etc. Various activities that were of assistance in formulating the HR Manual included literature review, discussions with HR personnel and higher management of the organization, organizational analysis of TPCDT, referring other organizations manual, academic study material and continuous guidance from company guide and faculty guide. Finally as an outcome of my summer internship project, an HR Manual has been drafted catering to the needs and requirements of TPCDT. This manual was accepted for implementation by the management of TPCDT. Introduction Tata Power Community Development Trust (TPCDT) is a registered trust under Bombay Public Trust Act-1950, dated 13th April, 2009, with its objects as relief of poor, advancement and propagation of education learning, for providing medical aid and relief and advancement of any object to general public utility without any profit. In the subsequent years after its registration, TPCDT started extending its area of operations with its objectives as follows: Relief of poor including the help from establishment and support of institutions, educational fund for the relief in poverty including relief of any distress Providing scholarships, prize and fellowships in any branch of science art or commerce, or in assisting students to study whether in India or aboard either by payment of lump sum or by payment of periodical sums or by giving interest free loans or at nominal interest Providing medical aid and relief, including for establishments, maintenance and support for hospitals, dispensaries, convalescent homes, rest-houses, recreation centers and institutions or funds for medical aid and relief for promotion of health and hygiene Providing aid to any charitable institutions Establishing, support, maintaining and for grant aid to goushalas and other institutions working for the protection and preservation of animals and birds. As the scope of operations increased, TPCDT required a set of policies and guidelines to have smooth governance and maintain its operational efficiency. In order to maintain quality of services rendered by TPCDT, it required hiring of personnel and various other personnel policies. There were some issues coming from various operational locations of TPCDT in context of organizations HR policies and guidelines. Issues like defining a link in between Tata Power and TPCDT in terms of management hierarchy were coming into picture. Other queries included: What can be the maximum permissible benefits and allowances can be granted for TPCDT employees? How the recruitment and selection policy will work? What will be the grievance handling procedure? What should be the procedure for performance appraisal? Solutions to such queries were required in form of written guidelines and policies clearly defining organizations human resource policies. For this vary purpose, TPCDT required an HR Manual to have all sets of policies and procedures compiled in a handbook format for smooth personnel management. Each employee should be able to use this manual as a guidebook when he or she needs to apply organization policy in a given situation. Every employee should feel free to consult this manual to assist in the interpretation of Human Resources policies. 1.1 About HR Manual: The Human Resources Policy Manual is Organizations Human Resources policies written into a usable guidebook for all employees. This manual not only outlines an organizations policy toward the various phases of the employer-employee relationship, but it also indicates how policy is to be administered. Consequently, each employee should be able to use this manual as a guidebook when he or she needs to apply organization policy in a given situation. Every employee should feel free to consult this manual to assist in the interpretation of Human Resources policies. Research and experience has shown that written policies promote consistency, continuity, and better understanding within an organization. When policies are put into writing in the form of a manual, they add a visual effect to their overall purpose. Moreover, written policies help management by eliminating the need for time-consuming and expensive memos, bulletins, and announcements. Written policies also aid supervisors and managers in consistently achieving fair and equitable interpretations of policy that require action on a regular, recurring basis. Moreover, fellow employees feel a deeper understanding of their role in the organization when they realize that policies are written and thereby uniformly administered. Employees feel more secure, confident, and more at one with the organization when policies are made clear for them. Policies promote a movement toward responsibility and accountability. Furthermore, the ever-present tendency to pass-the-buck is reduced to a great extent. Specifically speaking, this Policy Manual is designed to provide management with the following advantages. Understanding Written policy is one of the best antidotes in the Human Resources medicine chest for avoiding troubles an organizational grapevine may cause. Even though everything is subject to interpretation, the odds overwhelmingly favour the written word compared with the oral. Line of Authority Top management cannot make all the decisions that need to be made within the organizations community. Often at times they feel the need to because they are afraid to release that authority to subordinates. Naturally, it signifies that if top management felt that subordinates could make decisions like top management would, the reluctance would be reduced. The Policy Manual achieves this desired relationship. It thus results in a solid delineation of authority. Consistency Consistent application of organizations policies is constructive because it means employees will be treated equally. It prevents, to a great extent, the seepage of prejudice and bias in the decisions of supervision. The achievement of this one virtue takes a colossal step toward the maintenance of satisfactory employer-employee harmony. The need for a Policy Manual is very essential. In short, no organization is invulnerable to the fallacies of human nature. These written policies should increase understanding of organization-wide policy guidelines. Authority and Distribution- Every employee of organization has access to this Policy Manual in handbook format. This Policy Manual is up-to-date and contains the complete and accurate policies of organization as of the published date. Supplements to the Policy Manual- The policies, practices and guidelines in this Policy Manual will remain in effect until changes are considered necessary as a result of internal growth, competitive forces, or as a result of general economic conditions pertaining to higher education communities. However, any such change to be made on any Human Resources policy or practice will be made only after consideration is given to the mutual advantages, benefits, and responsibilities of such changes on supervisors or managers and on other employees of the organization. Management Rights- This manual describes general Human Resources policies and procedures for the organization. This manual should not be construed as, and does not constitute an offer of employment for any specific duration, nor is it intended to state any terms of employment. Organization reserves the right to change, modify, suspend, interpret or cancel its policies and practices at its sole discretion and without advance notice. This right extends to both published and unpublished policies. 1.2 Company Profile: Tata Power Company Limited Tata Power Company is a pioneer in the power sector has historically been committed to environment enrichment and community services. The company reaffirms commitment to the conservation of ecological systems and sustainable development through afforestation, water conservation, nurturing and developing of local species of flora and fauna in our areas of operation. As Indias largest private power utility, Tata Power has set the momentum of growth. In the quest to deliver sustainable energy, Tata Power is spreading its footprint nationwide, creating new benchmarks in operational efficiencies, investing in global resources and redefining paradigms. Tata Powers strength lies in fulfilling their commitments and their ability to manage well in the changing environment. Company takes pride in building lasting and trusting relationship with its customers along with a legacy of caring for communities in and around its areas of operations. Tata Power strives to lead the reform process for sustainable power with an aim to redefine the contours of Indian Power Sector. Tata Power Company and Tata Power Community Development Trust (TPCDT) TPC had undertaken the CSR activities for decades, reflecting the companys commitment towards sustainable energy generation without undue compromise to human and environmental development. These activities were undertaken as a voluntary initiative by the employees of TPC, and there was no separate CSR department. However, with large scale expansion, the need to have CSR as a separate entity was felt. The dilemma for the decision manager was whether to create a separate CSR department or continue with the existing set up. Other related issues needed to be addressed strategically as well as tactically to maintain a balance between shareholders interest and other stakeholders. Tata Power Companys CSR deployment bodies are: Project Description This project deals with preparing HR Manual for Tata Power Community Development Trust (TPCDT) and drafting various forms and templates for administrative purpose of TPCDT. 2.1 Methodology of Project Understanding Organization (Organizational Analysis) Identification of suitable policies for Tata Power Community Development Trust (TPCDT) Identification of related acts and regulatory framework Drafting HR Manual and designing forms and templates Review and feedbacks; incorporating corrections (if any) Step 1 Step 2 Step 3 Step 4 Step 5 Areas of operations Existing organizational structure Existing work mechanisms Through management discussions, analysis of other HR Manuals, etc Concluding policies for manual Identification of regulatory framework and compliance in terms of identified HR policies To compile policies in HR Manual and designing relevant forms and templates To make necessary changes as suggested by management Step 1 Understanding Organization (Organizational Analysis): Organizational analysis aims to generate an understanding of the organizational structure and culture of the system the project is looking at. This can help in understanding the ease or difficulty with which new strategies can be adopted. Organizational analysis is about organizations and people. This covers issues of structure and formality. But it also encompasses issues of process and, in a very fundamental way, change. The subject matter can be very abstract, and is drawn from literatures concerned with organizations in general rather than any specific sector. It also covers underlying change and organizational dynamics, which are common, to a great degree, to all organizations whatever sector they occupy. The project was started by referring literature on Corporate Social Responsibility (CSR) and operational activities of TPCDT. It comprised of data related to TPCDTs legal documents, field of operations and activities of TPCDT, about linkage between TPCDT and TPC, etc. The first and foremost task was to understand the organizational structure and its operational aspect. For this the TPCDTs Trust Deed was read by me in order to understand the purpose of incorporation of the trust. The next part included understanding the current organizational structure. Initially the structure of TPCDT was as follows: Some issues were identified in the existing organizational structure. These issues included: There were no clearly defined set of rules or regulations in terms of management, reporting and authority. A number of personnel from Tata Power were performing the roles of TPCDT personnel at some locations. There was no clear distinction as to differentiate the employment roles of the individual between TPCDT and TPC. In the absence of a HR Policy Manual, the management and decisions pressure was directed towards Head Office. Grades and designations were not defined. The link in between who is eligible for which designation from TPC to TPCDT was also missing. Guidelines for recruitment and other administrative procedures were also lacking to some extent. In order to understand the whole system properly, the current structure of company was examined again. On the basis of observations, a few organizational structures for TPCDT were proposed by me. The proposed structures were as follows: TPCDTs Organization Structure: Proposed Structure-1 TPCDTs Organization Structure: Proposed Structure-2 TPCDTs Organization Structure: Proposed Structure -3 TPCDTs Organization Structure: Proposed Structure-4 TPCDT CEO at Head Office (Support Departments: HR, Accounts, Operations, and Consultants.) Regional Head Assistant Regional Head Program Head Project Head Assistant Program Head Project Coordinator Assistant Project Coordinator Senior Field Worker Field Worker From the above proposed structures, the (proposed organizational structure -4) was finalized with some inputs from proposed structure 1, 2 and 3. The next important aspect in order to proceed towards framing policies and guidelines for TPCDT was Grades and Designations Structure. TPCDT required a clear structure in terms of designation on which a personnel is hired and also a framework for a TPC employee to join TPCDT and for which designation he is placed in TPCDT. After analyzing the organization and conducting necessary research, the following grades and designations table was proposed by me. The designations were identified in line with Tata Power Companys grades and designations. In the following a clear distinction is given between Tata Power Company and TPCDT. This also describes if a person moves from TPC to TPCDT, he will be placed on which designation. The table also highlights the linkage between Tata Powers employees and TPCDT employees Grade in TPCL Designations TPCL Designation TPCDT Grade in TPCDT Sub Grade/ Designation Sub Grades A General Manager CEO A/I ÂÂ   ÂÂ   B1 Deputy General Manager B2 Assistant General Manager C1 Chief Manager Chief Program Head B/II Regional Head B1/II A C2 Senior Manager Assistant Regional Head B2II B D1 Manager Program Head C/III Program Head C1/III A D2 Assistant Manager Project Head C2/III B Assistant Program Head C3/III C D3 Executive Project Coordinator D/IV Project Coordinator D1/IV A D4 Officer Assistant Project Coordinator D2/ IV B E1 Worker Field Worker E/V Senior Field Worker E1/V A ÂÂ   ÂÂ   ÂÂ   ÂÂ   Junior Field Worker E2/V B Note: This table was also accepted later on in grades and designation part. The grades were taken as I, II, III, IV and V. Step 2 Identification of suitable policies for Tata Power Community Development Trust (TPCDT) In this phase the key areas suitable for TPCDT were to be identified. Various discussions were made with Col Prakash Tewari (Retd) who is the Deputy General Manager of CSR and Rehabilitation Resettlement Department in Tata Power and Mr. Inam Mukkhadam who is accounts head for TPCDT. A few questions that came up in the early phases of the project were: What all will be the contents of the HR Manual that will be suitable with the area of operation of TPCDT? What can be the maximum permissible benefits and allowances can be granted considering the fact that TPCDT is a nonprofit organization? How to understand the working conditions of people in their work areas? How to distinguish between the working conditions of personnel among various areas of operations? In this phase of the project various secondary data sources were searched and data was collected. Most of the data was related to companies and profit making organizations. But as this organization is a nonprofit organization, financial freedom is limited as compared to a profit making entity. In the initial phase the following policies that could have been a part of manual were identified by me. A copy of the document first presented to management is attached in Attachment2. After a series of discussions and suggestions the content of HR Manual for TPCDT were finalized. The content comprised of the following: Introduction: It included a brief introduction and background of the organization. This is further continued by briefly describing organizations HR philosophy i.e. vision, mission, objectives and values of the organization and purpose of this HR manual. The literature for this part was identified from the trust deed of TPCDT and management guidelines. Employment: This consists of employment policy of TPCDT and policy of TPCDT to transfer or promote well performing and capable employees to fill vacancies so that employees are provided with opportunities to widen their exposure and further their career development within TPCDT. The next important aspect of employment block in a manual is describing the organization structure and hierarchy. Then is the categorization of employees and associates. It also describes the type and nature of employment in the organization. They were identified as the following in context with TPCDT: Probationer: An employee who has been hired for a permanent position and is put through a probation period Trainee: A person who is freshly qualified or new to the sector may be appointed Interns: Students undergoing practical training with the organization, as a part of their academic Curriculum for a period ranging from 1 to 6 months Fixed Term Employees: A person who has been hired on a Fixed Term Contract Employment based on an identified project, the duration of which may or may not last its specified tenure. Permanent Employee: A person who has successfully completed his/her probation period whose service has been confirmed in writing, by the Organization. Associates: These are experts from various fields having specialized knowledge and expertise Contract Staff: Employees belonging to contractors deployed in the Organizations premises by the Contractor Overseas Interns: Students from overseas universities who undertake practical training with the organizations. Recruitment and Selection End Job Analysis, Employee Qualification/ Specification Posting of Advertisement on Internet/ Newspaper, etc Confirmation Appointment, Induction, Training and Development Staffing: Tests/ Interviews Receiving and short listing of CVs Requirement at Location/Head Office CV s Selected Rejected No YesThis section was identified as one of the most important part of internal human resource management. In context of work areas and requirements a chart was proposed by me, which was finalized later with some minor adjustments in terminology for the purpose of recruitment and selection flowchart. The final chart is as follows: Following activities were of assistance in formulating this flowchart: Literature review Discussions with HR personnel and higher management of the organization Organizational analysis of TPCDT Code of conduct: This part of manual was designed on the lines of Tata Powers code of conduct. All Tata Group of Companies have their internal policy on code of conduct. In order to distinguish between Tata Power and TPCDT separate code of conduct was drafted in lines with Tata Code of Conduct which was having few elements from Tata Code of Conduct and other elements form the observations out of organizational analysis from Step 1 i.e. Organizational Analysis. Performance appraisal: The purpose of performance appraisal is for a supervisor and an employee to have a candid discussion about performance expectations and actual performance. The employees actual level of performance is compared to the expected level of performance using standards that were developed by the supervisor with input from the employee. The benefits to be gained from conducting performance appraisals include: Recognizing accomplishments Identifying newly acquired competencies Preparing employee development plans Planning improvement where deficiencies are found Goal-setting Communication between supervisors and employees A new performance appraisal system was identified for TPCDT. A new Three Tier Performance Appraisal System for TPCDT was suggested by me. In most of the Tata Group of Companies Performance Management System is followed. But after few discussions with higher management officials, it was accepted in the proposal phase itself. This system works as follows: The first phase will comprise of Self Performance Review. Employee will fill the form in 5 days of time. This has to be filled in by the candidate himself. He will be judging himself on parameters stating how the employee judges himself/herself. The employee should fill in the KRAs / Goals in the beginning of the year. HR dept will then provide employee a Subordinate Performance Appraisal Form. This form will deal with a critical evaluation of the employee by its other fellow employees or subordinates. This form is also on the same grounds measuring various parameters stating how employees subordinates judge him/her. The next and most vital part in the three phased appraisal system is IO-RO-SRO Performance Appraisal. This appraisal will have remarks from the immediate superior of the candidate who is known as IO and then it will be forwarded to the next superior RO of the candidate. Their remarks will be recorded in a form and along with all the three forms; the file is given to SRO for finalization of the result. (IO- Initiating Officer, RO- Reviewing Officer, SRO- Senior Reviewing Officer) [Note: An Initiating Officer (IO) is the immediate superior of an employee. A Reviewing Officer is the superior to Initiating Officer and a Senior Reviewing Officer (SRO) is the immediate superior to Reviewing Officer (RO)]. The evaluation aspect and flow will be as follows in all the performance appraisal forms with an exception to a final remark column in IO-RO-SRO Performance Appraisal Form by SRO Suppose there are 20 attributes on which self/subordinate/IO-RO have to give point out of five. Here five is the highest and one being the lowest. Based on the result employee will be rewarded. Based on this report, salary increments and/or shifting to next level or fresh contracts in the same/ higher grade are made. Promotion: For the purpose of promotion it was collectively decided by management to give on merit. It was decided that it can either be based on the report generated from Three Tier Performance Appraisal System or direct promotion from the Managing Trustee of the Organization. However, special consideration will be required for promotion over and above the post of Program Head. Promotion will be approved after approval from Managing Trustee. Salary payment: It was decided by management that the Managing Trustee of the trust must approve salary of all employees. Additionally, salaries above a threshold set by the Board of Trustees must be approved by the Compensation Committee of the Board of Trustees if required. It was decided that salary changes, including certain types of supplementary compensation and salary during a leave of absence, require the same authorization and review process. Employee recognition and awards: According to studies, employees work better if they are given incentives for good performance. People naturally love to be recognized so it is important that companies and organizations set up an awards giving system to keep its people inspired. In addition to my inputs in HR Manual for TPCDT, a new policy on having employee recognition and awards was proposed by me. This part of manual would define the procedures and guidelines related to Employee Recognition and Awards. This has also been accepted after a few discussions and awards like Karmyogi Award, Spot Awards, Best team Award, Best TPCDT Performer Award, and etc were introduced. Every individual will be evaluated by his/her Initiating Officer (IO) and Reviewing Officer (RO). This will be further reviewed by Senior Reviewing Officer (SRO). One of the differentiating fact about these awards is they are not single awards. As many competent employees can be nominated and given these awards. This decision was taken to increase team effort and motivate individuals. Job rotation: Job rotation is rotation from one function to another, in same location or different. Rotation is in the same function as well as different function but may be at various locations. It was collectively decided that the minimum period after which an employee may undergo job rotation should be 2yeras. Following activities were of assistance in determining the policy on job rotation: Management discussions Literature review Discussion with current employees of TPCDT Grievances redress mechanism: For any organization, a proper grievance handling mechanism is considered to be very important. For this purpose a new multi-loop grievances redress mechanism was proposed by me. It was designed considering the fact of small loops. Each loop is having a specific decision related to grievance handling outcome. This mechanism was also accepted by management as official grievance redress mechanism for TPCDT. This is in a flowchart structure and has different loops for different situations and grievance handling. Receipt of a Grievance in TPCDT (Within any department or area) Assessment of the Grievance by Grievance Officer (One at each location) Grievance sent to Head Office For review by (Chief Grievance Officer) Discussions within Board and Managing Trustee Grievance Resolved Sent to Chief Executive Officer Solution Sent to Origin Site Yes No Grievance Resolved Yes No Employment separation: This policy was drafted as per management directions. It included procedures related to job separation and types of job separation. The main focus while drafting this policy was on providing clear guidelines to employees about various policies, guidelines and formalities necessary at the time of job separation. Various types of job separation areas that were identified are as follows: Termination: Termination of employment is an inevitable part of personnel activity within any Organization. Resignation: An employee resignation policy is an organizations official instruction for initiating and processing the voluntary separation of an employee.ÂÂ  An organizations employee resignation policy officially compels staff to follow the procedures. Resignation procedures protect the employees rights and the organizations interest. Official forms confirm and document that the resignation adhered to policy. It was decided that an employee resignation may be submitted in writing to the Chairman/CEO 3 month prior to the final working date. Earned but un-used vacation time (pro-rated to the last day of employment) will be paid. Sick leaves left unused will not be paid. In order to have a smooth flow of instructions, a resignation process flowchart was proposed by me for TPCDT. The chart is as follows: Resignation Process Flowchart Initiating Officer Returns Resignation Letter to Officer Division inform HO regarding date of release Resignation Acceptance Letter Handed to Employee Approving Authority Approves Resignation END Reviewing Officer (RO) Returns Resignation to Officer Resignation Letter is handed back to Officer START Officer Submitting Resignation Letter Officer Reverses Decision Forward to HR at HO for further proceedings Reporting and Discussion with Initiating Officer Discussions Take Place Forward to CEO at HO for Further D

Friday, September 20, 2019

Marketing Essays Red Bull

Marketing Essays Red Bull Table of Contents Introduction Red Bull and Marketing Theory Introduction Market Entry Market Strategy Marketing Communications Company Analysis Analytical Methods Company Sales and Diversification Strengths Weaknesses Opportunities Threats Conclusions Future of Red Bull and Recommendations References Introduction Red Bull has created a strong brand image, using colourful icon with two bulls in opposition and a memorable tag line; ‘Red Bull gives you wings’. Through creative marketing and sponsorship it has linked itself with extreme sports, innovative music and art, all aimed squarely at the youth market (Dahlen, Lange and Smith, 2010). This brief examines brand development, which strategies have helped it to success and where the brand goes from here as it faces the prospect of losing its cutting-edge image while continuing largely with only one product. Red Bull is a European success story. The product was launched in 1987 in Austria. It faced opposition from the Food and Drink Administration (FDA), who refused to clear it for distribution but despite this it became an underground success through clubbers and snowboarders. This anti-establishment stance found synergy with consumers, even after it was cleared for sale. It quickly spread into neighbouring countries and into the US market (Franzen and Moriarty, 2009). Dahlen, Lange and Smith (2010) note that by 2004, it had gained 40% share of its market sector and 70% in Europe. However, the brand still faced problems; it was banned in Denmark and France following unsubstantiated rumours that people had died from drinking the product in Sweden and Ireland (Mail Online, 2001). The European market was stagnating, and it faced distribution problems from companies supporting their own-brand products. The ever-present competition from Pepsi and Coca-Cola limited the scope for expansion. With these pressures, the company developed a marketing strategy that avoided mainstream advertising, instead focusing on grass-roots promotion. The product was sold in trendy nightclubs and bars, and the credibility of those held in high regard by the young target audience, such as DJs (Boswijk, Thijssen and Peelen, 2007). Brand education was provided by high-profile visits to places where the company felt people ‘might need a lift’. Examples include offices, building sites and garages. Self-styled Red Bull distributors exploited their local knowledge to help sell the brand and its products. It terms of higher profile marketing, Red Bull has primarily focused on maintaining its links with extreme sports. It sponsors two Formula One teams (Red Bull and Toro Rosso), as well as snowboarding, kite-boarding, surfing and aircraft racing. All of these underline its commitment to its youthful, energetic target audience. The next part of the brief examines how its marketing strategy fits into contemporary marketing theory. Red Bull and Marketing Theory Introduction Red Bull is essentially a one-product brand, offered at a premium price in its market sector. Having started in Austria, it quickly spread to other markets including the USA and has become the market leader in its sector. It uses a novel approach to marketing, which is discussed later in this section. In terms of the traditional 4Ps of marketing, therefore, the company is easy to categorise. However, the 4P method has received criticism as being somewhat limited (Lee, 2001), and therefore the company is examined from a number of perspectives in this section, starting with market entry. Market Entry Any new company has to determine how they intend to enter a new market. This will be predicated by a number of factors such as the available resources, the sales objectives, product offered and existing competition (Fifield, 1998). In the case of Red Bull, the launch of the new product established a new category of product; that of energy drinks. Derived from a concept found by Dietrich Mateschitz in the Far East, the formula developed included large amounts of caffeine, sugars (glucose and sucrose) and taurine (Red Bull, 2014). Taurine is a ‘conditional amino acid’, which means it cannot be created by the body but needs to be provided in the diet. It is found in meat and fish (WebMD, 2014). It is used medically in the treatment of congestive heart failure, high blood pressure, high cholesterol and diabetes, among other conditions, and it is present in infant formulas. Taken together with the other ingredients, Red Bull claims that it provides an energy boost (Red Bull, 2014). Since no similar type of product existed on the market, there was no direct competitor. As an innovator, the company had to educate its target audience on the product’s benefits. If a mass market entry approach is used, this can be extremely expensive (Hill and Jones, 2012), since customers have to be convinced that the new product is safe, has unique benefits and is socially acceptable. Rather than attempting to do this on a large scale, Red Bull adopted a novel method based on introducing the product at a grass roots level. It is promoted as a trendy drink at events where its main target audience gathers; nightclubs, extreme sports events and even parties. In the latter, it encourages students to set up Red Bull parties and provides them with free cans to distribute to their friends. The company also uses cars in the corporate colour scheme – together with a gigantic can – which give out promotional samples (Onkvisit and Shaw, 2009). Initially, distribution is set up using small distributors. In some cases, the company has hired warehouses and set up young people to aggressively sell the product (Pride and O’Ferrell, 2006). As far as can be determined from the available literature, this approach is likely to continue to be used in addressing new markets in future. Market Strategy Its chosen strategy has led to strong word-of-mouth sales in new markets, and this provides a springboard for further success in those markets. As it grows, it invests further in creating events such as the Flugtag, in which competitors attempt to fly from a pier using homemade, unpowered aircraft – most of which are incapable of flight, and soapbox racing (Red Bull, 2014a). This draws both competitors and audiences. Most of the events the company sponsors are more professional in nature and cover an increasing range of activities, from spectacular air racing using stunt planes, to cliff diving, wingsuit racing, motorsports and adventures. The company has even moved into computer gaming and e-sports. The features that are common to all of these activities are their attraction to their target audience and their physical and mental requirements. Having identified this approach, the company appears to be keen to continue to exploit it. When considering the market positioning of the Red Bull energy drink, it almost appears that it has arisen organically from the properties of the product; it supports physical and mental exertion and therefore the market position supports this. However, this belies is underpinned by clever physical and psychological positioning. The physical positioning refers to the product’s unique characteristics (it provides energy from its unique formula) and the psychological positioning derives from its brand image as being youthful and energetic, and socially desirable to its twenty-something core audience (Lantos, 2011). From its original product offering (one product), the company has added a little to its portfolio through the introduction of Red Bull sugar-free, Red Bull zero-calories, Red Bull editions (in flavours of cranberry, lime and blueberry) and Red Bull cola. The cola is promoted as being the only cola drink made from 100% natural ingredients and makes the case that, unlike other brands that might be mentioned, it has no secret formula. The company follows the same basic branding approach for these additional products, presumably on the grounds that they will appeal to subsets of their existing target audience. Marketing Communications However impressive a brand is, it has no value unless it can communicate its unique characteristics to the consumer. On this basis, Red Bull has a highly effective marketing communications approach, it is currently recognised as the 74th most valuable brand in the world, with a value of $7.5 billion USD (Forbes, 2014). From grass roots marketing, these days the brand is more recognised through its sponsorship initiatives. This is backed up with a strong online presence that strongly reflects the brand image and provides a form of Integrated Marketing Communications (IMC). The company sees modern communications media as being critical to their success (Kotler and Keller, 2012). The reason Red Bull has achieved such success has been that it has successfully aligned its brand identity with that of its target audience in a way not achieved by its competitors (Urbany and Davis, 2010). Even when it uses traditional marketing media such as TV, it does so in a quirky ways that does not take itself too seriously. In doing so it maintains the image that appeals to its customers. It is this consistancy of message that is so important to IMC. Whatever channel is used to get the message across, it must be the same as those used on alternative channels. Digital media provides an increasingly important method of communicating with consumers, and Red Bull has identified this. As well as having a strong website that focuses on the sponsorship activities it is involved with, it also provides links to social media websites such as Facebook, Twitter, Google+ and You Tube. These sites provide consumers with a means of communicating with the company and with like-minded individuals across the world. This fosters a club-like experience that enhances the company’s alignment with its customers. The use of social media to build on relationship marketing is now well recognised, and Red Bull has been in the forefront of exploiting this (Lamb, Hair and McDaniel, 2011). The company has also been active in the field of mobile marketing, launching its own app to allow subscribers to keep in touch with the company when on the move. Overall, Red Bull is one of the most effective marketing communications companies in the world, and it does so by offering interesting content to its customers. The actual advertising of the products forms a small part of this. However, the brand is intimately linked with its products and thus the message gets across clearly. The continually changing content prompts users to visit its sites frequently, and in doing so keeps the brand close to the user’s attention. Few companies have been so successful in doing so. The next section looks at the current state of the company in the market. Company Analysis Analytical Methods There are a variety of methods available for the analysis of a company. These include analyses on the external environment in which the company operates, such as PESTLE (Political, Economic, Social, Technical, Legal and Environment), and those that examine the internal context such as SWOT (Strengths, Weaknesses, Opportunities and Threats) (Allen, 2001; Murray-Webster, 2010). Other techniques include VRIO (Value, Rarity, Imitability and Organisation), used to determine the level of competitive advantage a company has and how long it is likely to be retained (Peng, 2011). In this case, a PESTLE analysis would provide results indicative of the energy drinks market rather than being specific to Red Bull. A VRIO analysis lacks the depth of SWOT analysis in terms of a general assessment of the internal and external situation, and therefore a SWOT analysis was chosen for analysis of the company. This is shown later in the next section. Company Sales and Diversification Apart from its energy drinks, the company has diversified into other businesses that have synergy with its brand image. These include football clubs, youth academies, online clothing sales and even a construction company. It has moved into media ownership, with print magazines and the mobile phone service industry. Red Bull is privately owned and therefore does not need to report its performance publicly. However, it reported net sales of 4.9 billion Euros in 2012, with 5.2 billion cans of its primary product sold. This represented considerable growth on the previous year (15.9% on sales; 12.8% on number of cans). The company showed very strong net sales growth in South Africa (52%), Japan (51%), Saudi Arabia (38%) and strong continued growth in France (21%), the US (17%) and Germany (14%) (Euromonitor, 2012). The company attributed this to ongoing brand investment and efficient cost management (Euromonitor, 2012). Strengths The main strength of Red Bull is its brand, which is very valuable and has allowed it to grow a strong set of customers. It is synonymous with its energy drink, which is a positive factor (Park et al, 2013). The company has successfully developed new markets internationally using the same brand image. It can therefore be considered as a global company. This is important in that many of its current markets are at or near market saturation. Its use of social media to help to build its brand by relationship marketing is also a strength (Segrave, Carson and Merhout, 2011). Weaknesses The main weakness of the brand is its limited product portfolio. It primary relies on its single main product. This product is at risk of political or legal controls owing to the high levels of caffeine used, or it could just lose its appeal to the market (Aaker and McLoughlin, 2010). This could adversely affect the ability of the company to maintain its position in various markets. Opportunities The company has been effective in developing emerging markets, and if this continues it could largely offset poorer sales developments in the mature markets. Its global marketing message appears to be universally appealing to its target audience, despite cultural differences. It has also invested in new production facilities in Brazil to support domestic sales in the South American continent management (Euromonitor, 2012). This model could easily be extended to local production in Asia and other developing markets. This would both reduce cost of sales and provide a greater sense of community belonging. Threats A range of similar drinks have emerged following its success, increasing the level of competition within its market sector. Some of these competitors use natural ingredients, which may be seen as more desirable to its target audience. This includes the Monster product, which is pressuring sales particularly in North America management (Euromonitor, 2012). The company also faces competition from entrenched market leaders in the wider drinks market such as Coca Cola and Pepsi. These companies work continuously to reduce the threat level posed to themselves from Red Bull. With their huge marketing budgets and ability to develop new products, this could eventually prove decisive and reduce the success of Red Bull. The company also faces the law of diminishing returns in marketing in its mature market, in that the cost to reach the relatively small number of potential customers remaining in these markets becomes prohibitively high (Mike, 2004). The company invests considerable resources in its relationship marketing, and this ongoing cost may also become more onerous, should sales in its target market fall for any reason. Therefore the company faces the potential of having high marketing costs leading to smaller sales despite its dominant position in many markets. Conclusions Red Bull has demonstrated a novel approach to marketing and has introduced a new product to the market that has spawned an entire new category of product. Through its actions, the company has become very successful and has become the market leader in its sector. Its use of a marketing message that is light on selling the product but heavy on building the brand image and associating it with extreme sports and other activities of interest to its target audience has possibly shown the future direction of much marketing effort. The current position of Red Bull remains strong in its market sector. However, as it is now the leading brand in many markets, it will find it difficult to maintain its position due to increased competition from other brands that have seen the opportunities offered by the sector. The growing age of its original target audience may also prove a factor; the company has deliberately addressed a youthful market and as these original customers grow older, it remains to be seen whether the product will continue to appeal to newer generations. However, the company can n develop new markets, and it can potentially reduce costs by focusing on domestic production. These new markets may allow the development of complimentary new products. . It is possible that these could then be sold in its mature markets, widening its product portfolio. Whether the company remains successful will depend on a number of factors. Primarily, there is a question of whether the brand can continue to be trendy now that it is well established in the market. It faces increasing competition in its sector, and this will affect sales unless the company can successfully fend it off. However, it can still expand into new markets and streamline its production facilities to allow the business to continue to grow. Future of Red Bull and Recommendations In order to protect its position and continue to grow, the company should embrace the opportunities offered in emerging markets. It should also work to streamline its distribution to reduce costs. This could be through domestic production or through setting up alliances with existing distributors in those regions. The competition to Red Bull is only likely to increase as more manufacturers seek to exploit its market sector. Emerging products may replace the Red Bull brand image of being cutting edge and anti-establishment; one company cannot keep this mantle forever. The company should therefore consider adapting its message to existing consumers as they mature. The company is well placed to make this transition. However, it cannot simply rely on existing customers, but must appeal to new consumer groups. This could be assisted by the launching of additional products aimed at different demographics. Red Bull is used as a mixer for spirits such as vodka. This offers an additional opportunity to target the more mature audience by launching pre-mixed alcoholic drinks. Red Bull has shown itself adept at social media. The company should develop this as far as possible, embracing new technologies as they arise. This is vital for it to maintain its relationship marketing and also allow the brand to continue to spread through word-of-mouth and sharing of information online. Since the company has so much news to share from the events and teams it sponsors, it has a readymade store of information. This could prove to be important in maintaining brand loyalty in the future. References Aaker, D. A. McLoughlin, D. (2010), Strategic Market Management: Global Perspectives, UK: John Wiley Sons Allen, M. (2001), Analysing the Organisational Environment, UK: Select Knowledge Boswijk, A., Thijssen, T. Peelen, E. (2007), The Experience Economy: A New Perspective, Netherlands: Pearson Education Benelux Dahlen, M., Lange, F. Smith, T. (2010), Marketing Communications: A Brand Narrative Approach, UK: John Wiley Sons Euromonitor (2012), Red Bull GMBH in Soft Drinks (World), available from http://www.euromonitor.com/medialibrary/PDF/RedBull-Company-Profile-SWOT-Analysis.pdf , accessed 4th November 2014 Fifield, P. (1998), Marketing Strategy, UK: Butterworth-Heinemann Forbes, Red Bull, available from http://www.forbes.com/companies/red-bull/, accessed 6 th November 2014 Franzen, G. Moriarty, S. (2009), The Science and Art of Branding, USA: M. E. Sharpe Inc. Hill, C. Jones, G. (2012), Essentials of Strategic Management, USA: South-Western Cengage Learning Kotler, P. Keller, K. (2012), Marketing Management 14th Edition, USA: Pearson Education Lamb, C., Hair, J. McDaniel, C. (2011), Essentials of Marketing 11th Edition, USA: South-Western Cengage Learning Lantos, G. P. (2011), Consumer Behaviour in Action, USA: M. E. Sharpe Inc. Lee, O. (2001), Internet Marketing Research: Theory and Practice, USA: Idea Group Publishing Mail Online (2001), Three Deaths linked to energy drink, available from http://www.dailymail.co.uk/health/article-59862/Three-deaths-linked-energy-drink.html , accessed 6th November 2014 Mike, S. (2004), Marketing and Sales, India: Lotus Press Murray-Webster, R. (2010), Management of risk: guidance for practitioners, UK: The Stationery Office Onkvisit, S. Shaw, J. (2009), International Marketing: Strategy and Theory 5th Edition, UK: Routledge Park, C. W., Eisingerich, A. B., Pol,G. Park, J. W. (2013), The role of brand image in firm performance, Journal of Business Research, Vol. 66, 180-187 Peng, M. W. 92011), Global Business, USA: South-Western Cengage Learning Pride, W. O’Ferrell, O. C. (2006), Marketing, USA: Houghton Mifflin Red Bull (2014), Red Bull Energy Drink Ingredients, available from http://energydrink.redbull.com/ingredients-red-bull, accessed 3rd November 2014 Red Bull (2014a), Events, available from http://www.redbull.com/en/discover/events, accessed 4th November 2014 Segrave, J., Carson, C. Merhout, J. W. (2011), Online Social Networks: An Online Brand Community Framework (2011). AMCIS 2011 Proceedings All Submissions. Paper 249. http://aisel.aisnet.org/amcis2011_submissions/249 Urbany, J. E. Davis, J. H. (2010), Grow by Focusing of What Matters: Competitive Strategy in 3 Circles, USA: Business Experts Press

Thursday, September 19, 2019

A Comparison of the Character of Brutus in Julius Caesar and Hamlet in

The Characters of   Brutus and Hamlet in Hamlet and Julius Caesar  Ã‚        Ã‚  Ã‚  Ã‚  Ã‚   Written one year apart from the other, one cannot fail to recognize the parallels between William Shakespeare's tragedies Julius Caesar and Hamlet. To begin, they are both stories of assassinations gone horribly wrong. Although the details of the plays are different, the two assassins (Brutus and Hamlet) provide interesting comparison. Through these two killers, Shakespeare reveals the different levels of justice; one’s personal sense of justice; others’ perception of justice; the justice of the monarchy that supports Shakespeare’s craft. Through this, the audience realizes that a just person is not always a humble one, a condition that may turn out to be a fatal flaw in the end. When a man decides to play God by taking justice into his own hands, the world can unravel much more quickly than he had ever imagined.    Justice in Hamlet  is a conflict between two Bible teachings: The Old Testament says, "An eye for an eye," but the New Testament preaches, "Turn the other cheek." Hamlet’s peers beg him to let his father rest in peace and accept his mother’s remarriage, an act that would be in accordance with the New Testament. Claudius, Hamlet’s mother’s new husband, himself p... ... 36 Bradley., A. C. Shakespearean Tragedy: Lectures on Hamlet, Othello, King Lear and Macbeth. New York: Penguin Books, 1991. Durband, Alan. Shakespeare Made Easy: Julius Caesar. Barron's Educational Series, Inc.; New York. 1985. Mack, Maynard. â€Å"The World of Hamlet.† Yale Review. vol. 41 (1952) p. 502-23. Rpt. in Shakespeare: Modern Essays in Criticism. Rev. ed. Ed. Leonard F. Dean. New York: Oxford University P., 1967. Shakespeare, William. Hamlet. Ed. Suzanne L. Wofford. Boston: St. Martin's Press, 1994. Shakespeare, William. Julius Caesar. Ed. Alan Durband. London: Hutchinson & Co. Publishers Ltd., 1984.   

Wednesday, September 18, 2019

The Purpose of Caliban in The Tempest Essay -- Tempest Shakespeare

The Purpose of Caliban in The Tempest      Ã‚  Ã‚   One of the indispensable themes displayed in The Tempest is the duality of nature and society.   This is made apparent through the character of Caliban.   Caliban is a dis-figured fish-like creature that inhabits the island where the play The Tempest, takes place.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Caliban is the son a witch-hag, and the only native on the island.   In Caliban's first speech, he suggests that Prospero stole the island from him. (Act 1, Scene 1, line 331-342) "This island's mine by Sycorax my mother Which thou tak'st from me.   When thou camest first, Caliban is a servant to Prospero, the right duke of Milan.   Caliban is a monstrous, and ugly creature.   He is often referred to as servant-monster by others characters.   At the start of the play, Caliban curses at the authority of Prospero because his dislikes him.   (Act 1 scene 2 line 321-324) "As wicked dew as e'er my mother brush'd with raven's feather from unwholesome fen Drop on both!   A south-west blow on ye And blister all o'er" Although Caliban has a foolish tongue, he is very knowledgeable on the island.   Prospero recognizes his survival on the island but shows no respect for this.   (Act 1 scene 2 line 366-371) ""Hag-seed, hence! Fetch us in fuel; and be quick, thou'rt best," Caliban shows inconsideration and greed when he attempts to rape Miranda.  Ã‚   Miranda is Prospero's only daughter.   Caliban admits to the accusations of the attempt of rape, and states that he would have populated the island with his offspring.   (Act 1 scene 2, line 349) "O ho, O ho! Would't had been done! Thou didst prevent me; I had people else This isle with Calibans"   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Caliban is intimat... ... creature.   Caliban is a character that learned to survive, just as every one does through life.   Works Cited and Consulted: Davidson, Frank. "The Tempest: An Interpretation." In The Tempest: A Casebook. Ed. D.J. Palmer. London: Macmillan & Co. Ltd., 1968. 225. Kermode, Frank. Introduction. The Tempest. By William Shakespeare. Cambridge: Harvard UP, 1958. xlii. Palmer, D. J. (Editor) The Tempest - A Selection of Critical Essays London: MacMillan Press Ltd., 1977. Shakespeare, William. The Tempest. The Riverside Shakespeare. Ed. G. Blakemore Evans, et. al. Boston: Houghton Mifflin Company, 1974. Stott, Jon et al. The Harbrace Anthology of Literature. Second Ed. Harcourt Brace and Company, 1998. Solomon, Andrew. "A Reading of the Tempest." In Shakespeare's Late Plays. Ed. Richard C. Tobias and Paul G. Zolbrod. Athens: Ohio UP, 1974. 232.   

Tuesday, September 17, 2019

Methaphor & Metonymy – Condensation & Displacement.Doc

Displacement; a shift or move in the unconscious when the mind redirects a thought or word dangerous or unacceptable and substitutes it with a more affable thought or word. Condensation; where all the different elements, bits and pieces of thought and dreams combine into one to make sense. In this way they can stand for several different thoughts, feelings, wishes, ideas, etc. For Freud, condensation and displacement / substitution were used as a defense mechanism to contain aggressive and sexual impulses and hide the true unconscious thought (anxiety). Brought to light through slips, jokes and dreams, these little bits of language produce the whole picture. The Signorelli example, from The psychopathology of everyday life is a fine example of displacement and linguistics. Travelling through Bosnia, Herzegovina; Freud forgets the name of a famous painter; Signorelli. Two other less familiar names come to mind; Botticelli and Boltraffio. By combining different bits and parts of the words Signorelli, Botticelli, Boltraffio and Bosnia, Herzegovina, he realises the repressed thought (death and sexuality regarding a patient). A further example comes from jokes and their relation to the unconscious, during a conversation Hirsch – Hyacinth of Hamburg; Pottery agent and extractor of corns, recalls a meeting with the wealthy Baron Rothschild where Rothschild treated him as his equal – ‘quite famillionairely’. (Condensation accompanied by the formation of a substitute) Metaphor – A figure of speech in which a word or phrase is applied to an object or concept it does not literally denote in order to suggest comparison with its basic meaning (metaphors = suppress). A rough man. Metonymy – is a figure of speech that consists of the use of the name of one object or concept for that of another to which it is related or which it is a part i. e. substitution of one word for another. (metonymy combines). The cup was drunk. Jacques Lacan; (1901-1981) believed that the human psyche is found in language. He thought it an extremely important part of Freud’s understanding of the unconscious. He wanted to expand on Freud’s work or condensation and displacement. Using metaphors and metonymy Lacan related directly to Freud’s thinking in terms of condensation and displacement in so far as the original is changed and a new idea – concept is formed. He placed great importance on linguistics’ (phonemes, multiple use of the same material, double meaning, puns etc) in relation to slips and Para praxes . He relied on the borrowed work of a number of linguistics in this regard. The linguist, De Saussure believed the relationship between words were greater than objects. Two elements combine in a relationship called signification to produce the linguistic sign. There must be both a signifier (idea) and signified (concept). Lacan noticed the similarities between Saussure and Freud’s work in relation to signifier and signified. In Freud’s representation S/s the signified slips beneath the signifier. A second linguistic, Roman Jacobson believed the production of language twofold. Selection / substation and combination of the linguistic units. He gives an excellent example of the use of metaphor and metonymy. Quoting from Lewis Carrols, Alice’s Adventures in Wonderland: ‘â€Å"Did you say pig or fig? said the cat. ‘I said pig,’ replied Alice. (Baby to pig suggests a person who is not nice). Other examples include, the Cheshire cat (grin like a Cheshire cat). The March Hare (as mad as a March Hare) etc, etc.

Monday, September 16, 2019

Hansson Private Label Case Study Essay

This project is to identify and analyze HPL (Hansson Private Label ) company’s new investment decisions based on a series of calculations include: Operating Cash Flows (OCF), Net Present Value (NPV), Internal Rate of Return (IRR), and Sensitivity Analysis. The analysis suggests that Hansson should be very cautious regarding the investment proposal that is developed by his manufacturing team. Although the projections and analysis of the project for the next 10 years proposed by Robert Gates seems reasonable and will generate positive NPV and an IRR greater than the discount rate, NPV is very sensitive with regard to unit volume and unit selling price changes. A decrease in the projected unit volume and selling price might produce a negative NPV. Company Background and Performance Analysis The Hansson Private Label (HPL), started in 1992 when Tucker Hansson bought over Simon Health and Beauty Products with 42 million (17 million with debt), is a company that manufactures personal hygiene products including soap, shampoo, sunscreen, mouthwash, and shaving cream (Stafford, Heilprin, and Devolder, 2010). Over the years, HPL has grown steadily under Hansson’s conservative expansion strategy, which is to expand only when Hansson makes sure that the capacity with any new facility should be at least 60% (Stafford, Heilprin, and Devolder, 2010). Right now, the four plants of HPL are all operating at 90% capacity, and the business generated 681 million in revenue in 2007. The market for personal care industry is mainly driven by the unit selling price, which has increased by an average of 1.7% each year in the past four years. Unit volume has increased less than 1% annually. Taking down to the company level, we can see that HPL has been growing steadily with revenue incr eases by about 35% in 2007 compared to 2003. The company has maintained an average growth of 8% in revenue throughout the five years. The net income has also grown by 33% from 2003 to 2007. Net income margin has averaged 5.3% each year in the last five years. HPL’s balance sheet for the past five years was looking better with total assets increased by 13% from 337.8 million in 2003 to 380.8 million in 2007, and long-term debt decreased by 40% from 91.6 in 2003 to 54.8 in 2007. Cash flows from operations have averaged 32 million throughout the years, which  means the company has well controlled its operating cash flows. It is not difficult to conclude that Hasnsson’s conservative expansion strategy has worked out well for HPL and the market share has reach a little over than 28% of the private label industry. Currently, Hansson is facing a new investment opportunity initiated by its largest retail customers that could take the business into the next level and significantly increase its competitive force in the private label industry. Since HPL is already operating near full capacity, the project requires Hansson to invest in new facility which costs $45,000 to accommodate for the additional production capacity (Stafford, Heilprin, and Devolder, 2010). However, this investment is not without significant risks. First and for most, Hansson would need additional debt to finance the new projects. This will double HPL’s debt to value ratio and creates financial distress for the company and Tucker Hansson since most of his personal wealth is tied up with the company. Secondly, this important customer is only willing to commit to a three year contract with HPL. At the end of expiration date, it is uncertain whether the customer will continue to buy HPL’s products. In case it does not renew the contract, Hansson will have to find alternative customers in order to keep the production capacity going. Thirdly, because the risks associated with the new project increase the overall risks with HPL, the shareholders and creditor might require a higher rate of return. And since creditors claim the debt first in case of default, stockholders would have to live with the residue. If HPL cannot operate at the projected capacity, the value of the company will be largely decreasing, and put the company at danger. Investment Evaluation -Cash Flow Forecasts-capital planning and recommendations for change The cash flows of each year during the lifetime of the project are derived by net operating income plus depreciation and minus the change in net working capital. Depreciation is included in the net income because it is tax deductible, and then it is added back because depreciation is a non-cash expense and should be added back to the cash flow statements. The change in net working capital is also taken into account in OCF since it is the change in cash flows. The calculation of OCFs is based on the projections developed and proposed by Robert Gates, the leader of the manufacture team.  The production capacity starts at 60% in the first year of the project’s lifetime, and thereon steadily increases up to 85% at the end of the project. As mentioned earlier, the largest retailer is only willing to sign a contract of 3 years. The projection for capacity of 60%, 65%, and 70% in the first three years are reasonab le because there is enough demand from this customer. However, assume the customer decides not to buy products from HPL after the expiration; there is not enough demand for such high capacity in the next 7 years unless it finds other customers who are willing to buy their private label products. The project would become over optimistic for HPL. The unit selling price is another important contributor to the overall OCFs. Gates forecasts that the selling price will increase at 2% each year throughout the 10 years with a start at $1.77. Given that the market for private label products is growing considerably fast in recent years with consumers’ increased acceptance level, the projections for unit selling prices seem reasonable. However, a little fluctuation in unit selling price has a big impact on the cash flows and net present value. The sensitiveness of NPV in regards to the selling price will be discussed in detail in the sensitivity analysis session. One more factor that we are concerned about is the raw material costs for production. Right now the cost for raw material sits at $0.94 per unit in 2009 and steadily increases by 1% each year during the lifetime of the project. What if the costs growth is set too low? If the costs of raw material are happen to be higher than the projected figure, NPV again might be negative. Therefore, Hansson needs to take all these factors that might impact the project’s NPV into account and do a separate analysis for each one of them. And then make final decisions by combining the effects of each factor. -Sensitivity Analysis-NPV and IRR Using Gates’ projection and assume everything goes well as planned; the investment has an NPV of $5249. NPV is calculated using present value of future cash flows and the initial investment. Working capital of the last year of the project is returned to the cash flow, and is taken into account in the calculation of NPV. IRR of the project is 10.22%, greater than the discount rate of the investment. Both NPV and IRR suggest that Hansson should invest in the project. Sensitivity analysis of NPV and IRR is conducted to determine the sensitiveness of NPV and IRR in response to  changes in the parameters. First, a unit price increase about 7% from $1.77 to $1.90 is used to calculate the effect. With starting price at $1.90 and other things remain unchanged; the project has a positive NPV of $33,547 and IRR of 19.25%. Similarly, when the starting price increases to $2.00, the correspondence NPV and IRR is $55,314 and 25.31% respectively. On the other than, if the price decreased b y 10% of the original price projection; the project has an NPV of -$3458 and IRR of 7.02. And in this case, the project needs to be rejected. As we can see from the attached spreadsheets, NPV and IRR are very sensitive to price changes. Even a small fluctuation in price could result in a negative NPV of the project and an IRR smaller than the discount rate. Using the same method, we also measure the sensitiveness of the NPV and IRR on unit volume changes. When the unite volume decreases by 10% of the original forecasts, the NPV of the project becomes a negative of $10,176, and a corresponding IRR of 4.32%. And if the unit volume is increased by 10% of the original, the NPV changes to a positive of $22,043 and a IRR of 15.64%. These figures deviate far from those in the otherwise normal scenario, which also suggests that NPV and IRR are quite sensitive to changes in the unit volume. In other words, if the unit selling price does not grow as forecasted and that the demand is not as optimistic; it is highly possible that the stockholders of the HPL will experience losses. Careful consideration should be given to the market pr ice and demand, and what is the true drive force of the private label industry. Industry Analysis In 2007, the personal care industry had total sales of 21.6 billion and the private label industry accounted for 4 billion of the total with 2.4 billion whole sales from manufactures (Stafford, Heilprin, and Devolder, 2010). HPL, as one of the leading manufactures, had over 28% market share of that total. Exhibit 2 of the private label share of U.S consumer packaged goods spending (Stafford, Heilprin, and Devolder, 2010) shows that the unit share and dollor share both grow at approximately 1% each year from 2005 to 2007. One thing I am curious about is that the growth is the true growth or as a result of the inflation? If it is due to the inflation, the projections of sales would be far off leading to a failure of the project. Hansson has to be especially careful with this assumption and weight the inflation effects  accordingly. It is found that the retail giants and mass merchants have shown increasing interests in developing in-store brands (private labels) because of the attrac tive marginal benefits and low costs provided by the private label products. Another reason is to achieve a distinct shopping destination for customers and maintain customer loyalty (L.E.K, 2013). One implication for HPL, under such trends, is that the marketing team should pay more attention to packing. Packaging has become a crucial element for the retailors and the private label industry. Innovative packaging not only strengthens private label’s competing power with national brands but also impress consumes by presenting value adding features including user friendly, modern, and appealing green packaging (L.E.K, 2013). If HPL is able to incorporate the innovative packaging into its program, the company will be more competitive and take more market share even after the contract with its customer expires. Recommendation and Discussion The project has a positive NPV and an IRR greater than the discount rate (9.38%), which means that in theory, Hansson should take this investment opportunity. However, I wonder if the projections are a bit too optimistic. In this paper, we only test the sensitivity on price and volume changes. The management should look at the factors that will have essential impact on the project such as the limitation of the contract with this customer and the industry growth figures. It is better to break the investment lifetime into two portions, and calculate NPV and IRR separately. The first portion is the 3-year contract period, and we are pretty sure that the project will be profitable in this period. The second portion would be the remaining period after the contract expires. This is the part where uncertainty problem lies. As we discussed earlier, the customer might or might not continue to buy products with such volumes with HPL, and given the fact that this industry is largely controlled by retailers; HPL should make clear whether it is able to find a replacing customer of this scale. Another issue with this investment is that Robert Gates could intentionally push Hansson to take the project because they think the company has reached to a maturity stage and there would be no opportunity for further growth. This is the principal-agent problem we talked about at the start of the module. If  Hansson is confident enough in Gates’ projection, this project is worth taken. Using the data provided in the case, we also calculate the discount rate of the project and get a rate (9.44%) that is slightly higher than the rate (9.38%) provided. The required rate of return of equity is determined by the CAPM. The beta of HPL is the average beta of similar companies in the similar industry which is a beta of 1.4. Market risk premium, riskless rate, and the portion of debt and equity are also given in the case, and these are used to calculate the WACC. The higher discount rate suggests that the project is riskier than proposed and higher discount rate should be used. An alternative for Hansson could be finding an investor who’s willing to invest in the project and share the profits and risks with the company. However, the downside of this option is that the cost of equity is higher than the cost of debt. Cost of equity is 10.7% as calculated in the WACC spreadsheet, whereas the cost of debt that is with 25% D/V is only 7.75%. But this option allows Hansson to diversify away some of its risks, and that Hansson is less financially distressed. That all been said, Hansson should consider the suggestion of incorporate innovative packaging into its product line if Hansson were to take this project after careful evaluation of the financial and non-financial risks. The benefits of innovative packaging would allow HPL stands firmly in its competing position against the competitors. Reference Stafford, E., Heilprin, J., and Devolder, J., (2010) ‘Hansson Private Label, Inc.:Evaluating an Investment in Expansion’, Harvard Business School (Accessed: 06 April 2014). L.E.K Consulting (2013) ‘Generic No More: How Packaging Innovation Can Help Private Label Gain Market Share’, Executive Insights, XV(23), pp. 1-4. Available at:http://www.lek.com/sites/default/files/L.E.K._How%20Packaging%20Innovation%20Can%20Help%20Private%20Label%20Gain%20Market%20Share.pdf (Accessed: 9 April 2014).