Company Law Essay Example | Topics and Well Written Essays - 2250 words - 2

Company Law - Essay Example The most appropriate remedy that Quincy should avail is the second remedy of applying for an order from the court on the ground that the company's affairs are being conducted in a manner which is 'unfairly prejudicial' under Part 30 CA 206, ss 994-998 because this remedy allows Roar to continue its business. CA 2006 (s 994) gives Quincy very flexible solutions to disagreements within Roar without having to necessarily wind up the company under the first remedy. Specifically, s 994(1) CA 2006 provides as follows: "A member of a company may apply to the court by petition for an order under this Part on the ground - (a) that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members generally or of some part of its members (including at least himself), or (b) that an actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial. The 'Act or omission' under this Section can include either an isolated act or omission or a continuing situation, depending on the circumstances. In fact, in Re Norvabron Pty Ltd (No 2) (1986) 11 ACLR 33, this can even include an act which took place before the petitioner became a shareholder. Furthermore, the legal import of the term 'C onduct of the company's affairs' has been considered in Re Legal Costs Negotiators Ltd (1999) 2 BCLC 171 CA wherein there were originally four individuals who set up a company, each was a director and employee and each had an equal amount of shares. When the relationship with one person broke down, he was dismissed subsequently as an employee although he resigned as a director just before he was removed. Nonetheless, he remained a shareholder although he refused to sell his shares to the other three. When the majority petitioned under s 459 CA 2006 for an order that he should transfer his shares to them, the petition was rejected because of the distinction between this remedy and personal actions, i.e. in this statutory remedy, what is relevant to consider is the 'company's affairs'. In the given situation, the following facts clearly indicate that the company's affairs are being or have been conducted by Patrick and Sally in a manner that is unfairly prejudicial to the interests of Quincy, a minority; and an actual act of the company (including an act or omission on its behalf) is so prejudicial to Quincy: Patrick and Sally have remove Quincy as a director; Patrick and Sally take out any profit from the business as director's salaries; and they also decide to change the nature of the business which by the Articles of Association requires a 75% majority. In fact, the 75% requirement in amending the Articles of Incorporation was not met because Patrick and Sally only owned at least 70% of the shares. Moreover, Patrick and Sally appropriated several valuable contracts to Sally's company, Tiddles Limited (Tiddles) which would normally have gone to Roar in order to make sure that no benefit will come to Quincy from these contracts. Clearly, these events and the facts taken together not only constitute a basis to grant an application for an order based on the ground that the company'

Reflection paper Essay Example | Topics and Well Written Essays - 500 words - 47

Reflection paper - Essay Example a tourism manager in the future, I can devise better means and/or give travellers gadgets in which they can record their travelling experiences including taking photos and recording videos. The conversation presented in this article reflects to my personal travelling experiences, which can be used to formulate tourism management strategies in future. Heat-Moon ascertains that the American topography is diverse and thus travellers should try and visit the various types of American landscapes. Caputo adds that travelling in America is best experience, compared to other countries (Caputo and Heart-Moon, 2013). In the past two years, I have travelled across many parts of the country and I have seen that America is gifted with a wide range of landscapes. The deserts in New Mexico and mountains in Arizona are incredibly unique and outstanding, compared to other parts of the world. As you travel, you will meet different people who will change your worldviews and perspectives. As Caputo recounts, I can argue that that travelling in America exposes you to different types of â€Å"social landscapes.† The conversation brings forth the aspect of different characteristics of a tourist and a traveller. When you plan to visit places as a tourist, you often use the main roads and superhighways, as Caputo recounts (Caputo and Heart-Moon, 2013). His colleague adds that a tourist will never use the back roads like the travellers. In the past, my personal travels were not that enjoyable because most of the times we used the main roads. However, when I changed my travel plans and became a traveller, I enjoyed the diverse American landscapes and people. Therefore, it’s much better to become a traveller rather than a tourist who is always on time budgets and visits specific places. Keeping record helps in deepening the experiences when you share them with your friends and family. Based on the conversation and my personal travelling experience, I can advise tourism managers with means

Role Suitability and Job Performance Research

Role Suitability and Job Performance Research Introduction Role suitability and job performance are two of the key elements studied and developed by occupational psychologists, and have frequently been discussed over an extended period of time. Job performance measures an individuals ability and results in their job, taking into account their ability to use initiative, their thoroughness in completing the tasks assigned to them and the effort they put into each. (Boshoff Arnolds, 1995) Role suitability is the governing attribute looked for in interviews and recruitment and measures the individual against criteria associated with successful application in a specific job role. When considering potential employees, it is vital for companies to ensure that they employ the most effective and efficient worker for the role, whilst also ensuring that the individual will be able to shoulder the responsibilities of the work the role entails. To achieve this, occupational psychologists are employed to advise in the recruitment process. They consider the individual differences that are vital in predicting ability and behaviour within a job role. Two main factors that are considered as the main indicators in job performance are personality type and general mental ability (GMA). General mental ability tests have been used for many years as a measure of potential job performance and validated research over an 80 year period has shown that the tests correlate with job performance measures across a large variety of job roles. (Outtz, 2002) GMA is most often referred to as intelligence, though differentiates from the intelligence normally spoken about by psychologists due to its lack of genetic potential. It is more accurately portrayed as an individuals ability to learn (Hunter Schmidt, 1996) Used as a general indicator of ability, it does not measure specific aptitudes that may be involved in a job, such as numerical aptitude or verbal aptitude. Personality is the other highly regarded indicator of performance in the workplace. Early reviews into the use of personality and job performance gave negative conclusions (eg. Guion Gottier, 1965, Reilly Warech, 1993). However, more recent research has evidenced suggestions that certain job-related criteria can be predicted through the testing of personality. One advantage that it has over cognitive ability testing is that it allows an element of fairness in selection choice, due to a lack of adverse impact on employees. Method Participants The experiment was carried out by joint honours psychology and counselling students from University of Wales Trinity St David Swansea. The participants were of mixed gender, all aged 18 and over. Each participant gave full written consent before taking part in the experiment. Design The experiment was of a correlational design, set to measure whether there were any correlational effects between personality type, in particular extroversion, and their abilities at scoring on a cognitive task. The statistical analysis was carried out using IBMs SPSS program (IBM, 2013). Descriptive statistics (means and standard deviations) will be used to analyse the results. Cronbach alpha coefficients was used to assess the internal consistency of the BFI-10 test. Finally Pearson product-moment correlation coefficients was used to examine the relationships between the variables. Procedure Each participant firstly completed a consent form, giving full written consent as to their participation within the study. The BFI-10 questionnaire was then issued to the participant, completed, then received and recorded by the experimenter. The Sales ability task was then issued to the participant, its two parts described, then completed by the participant. These papers were then collated by the experimenters and the data entered into SPSS, where the statistical analysis would be carried out. Materials The personality type was measured using the 10 question shortened version of the Big Five Personality inventory test, the BFI-10 (Rammstedt John, 2007) as this allows for an efficient and effective measurement of personality. This is measurable through a likert scale, with five steps ranging from 1= Strongly disagree to 5= Strongly agree. It measures levels of extroversion, agreeableness, openness to experience, conscientiousness and emotional stability with two items (questions) linked to each personality element. The cognitive ability task was measured through an adaptation of the National Sales Aptitude Test â„ ¢ as this is a validated and trusted indicator of ability in a sales environment. The test was adapted and designed to enable us to measure the following key elements of sales ability: Communication skills, persuasive ability, resilience, customer focus, relationship building, attention to detail, problem solving ability and listening skills. These are all important elements when considering somebodys potential sales ability. The test was made up of two sections, each graded differently. Section One was graded by a number value being given to each answer provided, whereas Section Two a point was given for each correct answer. IBMs SPSS software was used to carry out all statistical analysis. A consent and debrief form were also used to gain written acceptance of participation, and to debrief the participants following the experiment. Results All participants completed both scales. The mean score on the extroversion questionnaire was 6.47 with a range from 3-10 (SD = 2.11) and the mean score on the cognitive task was 58.8 with a range from 35-78 (SD = 10.75) In order to test the hypothesis that there is a positive association between increased levels of extroversion and cognitive ability in sales, the relationship between the two was explored using a correlational analysis. The results of a Pearson product-moment correlation indicated an insignificant weak negative correlation between the two variables (r = -.079, n = 40, p = >.05) with very little association being shown between the two variables (See Figure 1). The experimental hypothesis was therefore unsupported. Figure 1. Scatter-graph showing weak negative association between variables. Reference List Rammstedt, B., John, O. P. (2007). Measuring personality in one minute or less: A 10-item short version of the Big Five Inventory in English and German. Journal of Research in Personality,41(1), 203-212. IBM Corp. Released 2013. IBM SPSS Statistics for Windows, Version 22.0. Armonk, NY: IBM Corp. Boshoff, C. Arnolds, C. (1995) Some antecedents of employee commitment and their influence on job performance. South African journal of Business Management, 26(4), 125-135. Outtz, J.L., (2002) The role of cognitive ability tests in employment selection. Human Performance. 15(1/2), 161-171. Hunter, J.E., Schmidt, F.L., (1996). Intelligence and job performance: Economic and social implications. Psychology, Public Policy and Law, 2, 447-472. Guion, R.M., Gottier, R.F., (1965). Validity of personality measures in personnel selection. Personnel Psychology, 18, 135-164 Reilly, R.R., Warech, M.A., (1993). The validity and fairness of alternatives to cognitive tests. In C.C. Wing B.R. Gifford (Eds.), Policy issues in employment testing. (pp. 131-224) Norwell, MA: Kluwer Academic.

Sleeping Late Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Life is so busy sometimes we don’t get enough sleep. Some days our bodies need more sleep than others. Some people like to sleep in after a busy week at work, or a long night of partying. Others feel that sleeping in can help them relieve some stress. Trying a few of these trips may help you to sleep in.  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  In order to sleep in longer, you should plan ahead for the weather. For example, when the weather is going to be hot and muggy, crank up the air conditioner. When your body gets too hot, you will wake up. Just keeping your body cool will help you feel more relaxed so you can get those few extra hours of rest. If the weather forecast calls for a steady rain crack open the windows so the rhythm of the soothing rain drops help you fall into a deeper more relaxed sleep.   Ã‚  Ã‚  Ã‚  Ã‚  Another important part of sleeping in is a dark room. When too much light breaks into the room, you might have trouble falling or staying asleep. Light makes it easier to stay awake, thus making it harder for you to stop thinking. If you have curtains, close them almost all the way. Roll mini-blinds with the blades in the upward direction, because if they are rolled down when the sun comes up, too much light will come in. As the sleeper you want some light in the room, just a lot.  Ã‚  Ã‚  Ã‚  Ã‚  Hunger will also prevent you from sleeping in. Near your bed keep a few handy items. I...

How advertising and commercials influence my life Essay

Advertising and commercials have, no doubt, a strong influence in my purchasing behavior. They influence the clothes I wear, the food I eat and the places to go for a night out. Adverts in the television and magazines are expressive of models wearing different designs of clothing outfits. Such outfits make the models look admirable. This brings the feeling in me that if the clothes look good, then they must make me feel good. Due to this reason, I am compelled to purchase such clothes. Most of my friends and I have our eating habits greatly influenced by advertising and commercials. With the many adverts on hamburgers, hotdogs, and pizzas among other, most of my friends are always out to the pizza inn during class breaks. Despite the many claims by opponents of frequent use of fast foods, my heart is always impressed by the deliciousness portrayed on the adverts, a factor that inevitably forces me into purchasing such foods and drinks. Where to go for a night out is mainly influenced by commercials and advertising. This is because such adverts are indicative of the type of entertainment to expect and above all the entertainers to meet. Just to be appreciated is the fact that I like to go out with a preset mind of fulfillment. This is why advertising has no doubt a crucial role to play in dictating the best place to hang out. Therefore, advertising and commercials bring invaluable influence to my purchasing and spending behavior. Such marketing practices have indeed dominated my psychology.

Nike Case Analysis - 930 Words

NIKE ANALYSIS The Weight Average Cost of Capital (WACC) is the firm’s cost of capital. We can think of WACC as an average representing the expected return on all of the companies’ securities. It is an extremely important number for both corporations and usually financials advisors. Corporations use this number as a minimum for evaluating their capital projects or investments. So if for example the WACC of a firm is 10% and the return on investing in a project is 4.5%, then the company would not invest in that particular project. The company in this particular scenario would at least have to get a return of 10% or more to invest in a project. I agree with Johanna Cohen’s estimates as she did the calculations right because I went over†¦show more content†¦The price earnings ratio is the one I liked the most. It shows the measure of the price paid for a share of Nike stock relative to the net income earned by the company. I would recommend that the Nike sto ck should be expressed as a hold because its net income is quite small compared to the revenue it earns. Nike’s cost of goods sold is extremely high, even when they make most of their products overseas in third world countries. Their revenue growth has also drastically slowed down only from five years ago when they had a growth rate of 35.9% in 1995 and 42% in 1996. The past four years Nike had an average growth rate of revenue at 0.975%, which is less than 1%. For a company the size of Nike and the previous large growth it had, something might have been wrong. Their net income,has also as a percentage gone down. The Nike stock should be considered a hold for investors who already own theShow MoreRelatedNike Case Analysis794 Words   |  4 PagesNIKE CASE STUDY ANALYSIS Q: What characteristics about Nike contributed to their troubles with i2 becoming nothing more than a speed bump? 1. i2’s predictive demand application and its supply chain planner used different business rules and stored data in different formats, making it difficult to integrate the two applications. The i2 software needed to be so heavily customized to operate with Nike’s legacy systems that it took as much as a minute for a single entry to be recordedRead MoreNike Case Analysis4952 Words   |  20 PagesBRAND MANAGMENT Nike: Building a Global Brand Case analysis Ahmed Coucha 800090353 6/29/2011 Dr. Ibrahim Hegazy 2 How would you characterize Nike’s brand image and sources of brand equity in the U.S? Nike’s Brand image in the US: Brand image is the impression in the consumers mind of a brands total personality (real and imaginary qualities and shortcomings). It is set of feelings, emotions and experiences that are linked to the brand. While brand personality is the image the company wantsRead MoreThe Case Of Nike : Review Analysis1334 Words   |  6 Pages Case of Nike: Review Analysis 3 Over the decades, globalization, where economic integration across border allow businesses to expand beyond their domestic boundaries. (Malamud, V. Rotenberg, Y. (2010)); has become a phenomenon that is seen across the globe. Businesses large and both small are able to compete, produce, and sell their products without limits to either demographic or geographic factors. This allows company s to enlarge their base, their workforce, their consumers, and thereforeRead MoreNike Case Analysis717 Words   |  3 Pagesapproach, which was previously effective for Nike, centers all the business activities on continually innovating, improving and refining its products while it is under the assumption that customers simply want the best possible quality for their money. But due to changing circumstances and to pursue customer loyalty, Nike adapted the category driven approach which is derived from customer usage and purchase patterns. Post- internal and external analysis Nike concluded that th ere are primarily six majorRead MoreNike, Inc. Case Analysis844 Words   |  4 PagesNIKE, Inc., is a company that was founded in by William Jay Bowerman and Philip H. Knight in 1964, and was originally called Blue Ribbon Sports, Inc. It’s name was changed to Nike, Inc. in 1971. It’s base of operation is located in Beaverton, Oregon. 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Nike has expandedRead MoreCase Analysis of Nike, Inc.: Cost of Capital731 Words   |  3 PagesApparently, the issue of Nike’s case is to control and check the calculation cost of capital done by Joanna Cohen who is the assistant of a portfolio manager at NorthPoint Group. But I am willing to tell you that it can be a complex case in which we can doubt about sensitivity analysis done by Kimi Ford (portfolio manager) too. Because her assumptions such as Revenue Growth Rate, COGS / Sales, S A / Sales, Current Assets / Sales, and Current Liability / Sales have been adopted from previous incomeRead MoreCase Study Analysis of Nike and Google1657 Words   |  7 Pagesassociated with Nike`s core marketing strategy? Answer: Nike’s Core Marketing Strategy: Nikes excellence marketing strategies are their energy to achieve their market goals. Nike believes the pyramid influence that the preferences of a small percentage of top athletes influence the product and brand choice. So Nike contracted with many athletes spokesperson, professional teams and college athletic teams to advertise and promote their products to customers. One renowned example of Nike marketing strategy

Leadership Interview Paper Leadership - 1307 Words

Leadership Interview Paper Leadership is a fundamental part of everyday life! Leadership and the concepts and practices associated to it play an intricate role in the society in which we live in. This one aspect of life is so vital to the existence of the human race that is taught to children at a very young age. As an adult, I can look back over my childhood and recall many memories that have fashioned the person that I am today. The most prominent memories, which I can recall from my childhood, include hot summer days, riding my bicycle, and childhood games. As I look back over my childhood, I reminisce over childhood games like Follow the leader, Simon says, and Mother may I. Now that I am an adult, I can see the life lessons†¦show more content†¦Now that we all have a solid understanding of leaders and leadership lets recap the interview that I conducted last week. Last week, I conducted an interview with Obeyda Jackson who is a leader in the retail industry. Jackson is currently a store manager for DD’s discount store, which is a division of Ross stores. Ms. Jackson has worked in the retail industry for over ten years operating in various leadership positions within organizations like Hobby Lobby, Burlington Coat Factory, and Family Dollar. Her leadership experience includes positions like key holder, assistant store manager, and now general manager. On a personal note, Jackson is a wife and a mother of two wonderful children. Jackson is originally from Puerto Rico and is fluent in Spanish and English. During the interview process, I asked Jackson several questions pertaining to her views on leadership and her personal leadership style. When I asked Jackson to define leadership she stated, â€Å"Leadership is how I empower individuals to get things done.† She went on to say, â€Å"Leadership is an art or a skill that requires practice and determination.† When I asked Jackson what is her personal leadership style she said that she was a democratic leader. As my interview progressed, I went on to ask Jackson who has been the most influential leader in her life and why? Jackson responded that she had a supervisorShow MoreRelatedLeadership Interview Paper721 Words   |  3 PagesLeadership Interview and Reflection Paper Grand Canyon University LDR-600 Leadership Styles and Development Tiffany Helton April 24, 2013 When interviewing a leader in an organization in order to discover their leadership style one must ask critical questions. I had the opportunity to interview Casey Aguirre who is a Team Manager at the Salem Call Center for T-Mobile. Casey has been with T-Mobile for over 11 years. In this interview we discussed her leadership style, the steps she took toRead MoreLeadership Interview and Summary Paper1228 Words   |  5 PagesLeadership Interview Summary Paper Artic Mechanical, Inc. is a family-owned and operated HVAC and refrigeration company located in Rancho Cucamonga, California. The company consists of over 150 employees in more than four states. Mona Gamboa is the account manager for some of the company’s more high profile and lucrative clientele. This paper is based of an interview with Ms. Gamboa and her opinions on motivation, the roles of groups and teams, and the organizational structure of Artic MechanicalRead MoreLeaders Are Not Made, They Are Exposed1225 Words   |  5 Pagesdemonstrated not only leadership traits, but leader-follower relationship. This paper discusses the emergence of and presence of â€Å"leadership† or lack of in Group Two based on the situational theory of leadership and the followership concept learned in DEPM 604. Group Dynamics Group Two consisted of four members: Melanie Glassford, Ashley Harmon, John Thomas and I (Bridgette Grant). The group was tasked with selecting and interviewing a leader in Distance Education, develop interview questions that areRead MoreCollege And University Leadership Program Essay1081 Words   |  5 PagesINTERVIEW WITH DR. PATRICIA MCDONALD When it comes to the topic of making a difference in the lives of students, most of us will readily agree that it can be very gratifying when college and university leaders inspire students and impact their lives, while developing them into future leaders. It is believed that making a difference in the lives of student is a shared effort that cannot be done alone even the smallest act of kindness can impact the world if people come together. A future desirableRead MoreCM220 UNIT 4 ASSIGNMENT1380 Words   |  6 Pagesemployees are happy and have fun at work. Leadership is not assaulting your employees, but to lead your employees you need to motivate by using caring, inspiring, empowering, teaching, growing, investing and your employees will follow and want to contribute. Assaulting as in forcing, criticizing, and bossing your employees around will not only wear them down and unmotivated them but it will exhaust the boss as well. This book is a great resource for my paper because it supports that leaders growRead MoreEssay on Assessment of a Study of Transformational Leadership1521 Words   |  7 Pagesof a study of the relationship between transformational leadership, empowerment and organizational commitment Introduction and Purpose of Study The implications of transformational leadership on a firm’s employees and the success of the firm overall are areas of ongoing research according to Ismail, Mohamed, Sulaiman, Mohamad, and Yusuf (2011). The authors make the case that in a changing global environment transformational leadership styles, rather than transactional styles, are a means organizationsRead MoreThe Effects of Human Resources Outsourcing on Leadership Performance and Employee Commitment1351 Words   |  5 PagesLeadership Performance Abstract The following pages focus on providing a theoretical framework and a research design intended to address the influence of human resources outsourcing on leadership performance and employee commitment. The Introduction discusses some of the issues that reflect the necessity of research in this field. The Theoretical Framework describes the variables used in this study. The paper continues with the Scientific Research Design section that presents the type of researchRead MoreLeadership Theory And The Main Methods Of Leadership1198 Words   |  5 PagesLeadership is an often misunderstood concept. Many people confuse management and leadership, classifying them as being the same. While a leader can be a manager and a manager can be a leader, they are often two separate things. There are four main components of leadership that we will discuss and there are many different ways to view and examine leadership with theory and maxim being the main methods. As many people point out, leadership is a complex topic to discuss. Leadership can mean manyRead MoreChapter Of Alpha Omicron Pi1410 Words   |  6 Pagessorority, I still have a lot to learn. Due to my lack of knowledge, there are many assumptions. My first assumption is about the leadership council of Beta Zeta. I presumed the girls in charge of the chapter were elected because of popularity. I also believe the leaders are running for the sake of their resumes. Another preconception I have is that sororities do not promote leadership. As far as â€Å"bigs† go, I considered them as a friend inside the sorority, not a leader, which is another assumption of mineRead MoreLeadership And Change Leadership Development852 Words   |  4 Pagesby Katzenbach (1995), change leadership is â€Å"the process whereby individuals who lead initiatives that influence dozens to hundreds of others to perform differently—and better—by applying multiple leadership and change app roaches.† Leadership alone is defined as setting a direction and developing the strategies necessary to move in that direction – that is, creating and achieving a vision – leadership is thus a process to do with change (Kotter 1999). Change leadership is critically important to the