Diversity wthn th SME Rtal Sctr Coursework Example | Topics and Well Written Essays - 8750 words

Diversity wthn th SME Rtal Sctr - Coursework Example Mrvr, mprcal nvstgatn f ths qustns s fraught wth dffcults snc thr ar many ntrvnng varabls btwn a dvrsty ntatv and a frm's prfrmanc (Cx, 1993; Ely and Thmas, 2001). Thr ar als cncptual dffcults n dfnng bth dvrsty and prfrmanc. The subject of diversity within the workplace can evoke an array of emotions, as some view diversity as something to be dealt with rather than a tool to be used to improve the organization. Many will agree that the results of a diversity-conscious organization add value to the organization, yet research evaluating diversity for the sake of developing training interventions does not exist (Dahm, 2003). The most fundamental term for cultural diversity is inclusion. Organizations that include employees ultimately make those employees feel valued. An "inclusion breakthrough," coined by F. Miller and Katz (2002, p. 2), is a vital element to the success of the organization. Employees, who feel they are part of the process, whether by providing input, sharing best practices, or being included in the decision-making process, are less likely to leave an organization. The differences that each person brings to the organization should be leveraged to strengthen the organization (Dreachslin, 2007a; F. Miller & Katz). Over the last 40 years, the landscape of the workplace has ... The most fundamental term for cultural diversity is inclusion. Organizations that include employees ultimately make those employees feel valued. An "inclusion breakthrough," coined by F. Miller and Katz (2002, p. 2), is a vital element to the success of the organization. Employees, who feel they are part of the process, whether by providing input, sharing best practices, or being included in the decision-making process, are less likely to leave an organization. The differences that each person brings to the organization should be leveraged to strengthen the organization (Dreachslin, 2007a; F. Miller & Katz). Over the last 40 years, the landscape of the workplace has changed somewhat the way people work together and the tasks required to make an organization successful are also changing, not to mention the world in which these organizations exist (Carr-Ruffino, 2003; Holden, 2007; Sparks, Faragher, & Cooper, 2001). The 1960s and 1970s ushered in technological advances that included the use of computers in the workplace. In the 1980s, there was a paradigm shift to globalization accompanied by mergers, acquisitions, and strategic alliances. The 1990s brought on the reconstruction years where organizations had to develop strategies to survive the recession up to and beyond the early 21st century (Landefeld & Whichard, 2006; Sparks et al., 2001). Statement of Study The problem is that organizations have a difficult time measuring the cultural climate as it pertains to the diversity between race and gender as well as salary level and generational differences (age). Given the lack of this information, organizations do not have the empirical data needed to ensure they are positioned to

State Liability and Direct Effect Essay Example | Topics and Well Written Essays - 1000 words

State Liability and Direct Effect - Essay Example The implementation of law of state liability is the responsibility of national courts of EU states1. Certain incidents in EU states led to the development of the doctrine of state liability. In 1991, the Italian government was held responsible for not completely enforcing the Directive 80/987, which ensured a minimum wage of all employees when employers suffered from insolvency. The European Court of Justice made Italian government pay compensations for all workers who suffered as a result of its non-implementation of the law. It was modified in 1996 after the cases of Brasserie du Pcheur v Federal Republic of Germany and R v Secretary of State for Transport ex parte Factortame Ltd (Cases C-46 and C-48/93) took place. The law was further clarified and the details were given. The law of State liablity could only be used in three conditions :when the law which was under scrutiny was meant to deliver individuals's rights, when the law has caused serious damages and when a clear link would be established between the state 's breach and the damages caused.2 Direct Effect is one of the ways through which the citizens of EU countries can file cases of non-implementation against the state. ... There are two types of direct effect: vertical direct effect and horizontal direct effect. In case of the former, the individual can file a case against the state, while in the case of the latter the inidividual can use it against another individual or any non-State entity. Further, in order to use Direct Effect , the particular European Community law must be either a Directive ,or Treaty Article or a Regulation and it must claim to confer individual laws.3 The working of Direct Effect is different in case of Treaty Articles, Directives and Regulations and the distinctions between them needs to be understood. In case of Treaty Article, it can be used both vertically and horizontally, i.e. it can be used against the State as well as a non-State entity. in case of Regulations, direct effect is only viable if its confers rights on persons and if the Van Gend criteria is satisified. It can be applied both , horizontally and vertically. However, not all regulations of European Community law have a Direct Effect, for instance laws dealing with crime and criminals such as Tachograph Type Regulation, which don't confer rights upon an individual don't have Direct Effect. It is directly applicable but not directly effective.4 For direct effect to be applicable for directives, certain criteria needs to be satisifed. First the provisions of directives in question should be precise, clear and unconditional as stated in Van Duyn case. The court stated that"provision [which] lays down an obligation which is not subject to any exception or condition and which, by its very nature, does not require the intervention of any act on the part either of the institutions of the Community or of Member