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You are to create a Scope and Sequence for Year 11 Standard English. Within the Scope and Sequence, you

You are to create a Scope and Sequence for Year 11 Standard English. Within the Scope and Sequence, you are to have the correct syllabus outcomes as well as other information necessary for the Scope and Sequence.
Following the creation of the Scope and Sequence, you are to write a Justification as to why you designed the Scope and Sequence in this order and how and why the syllabus outcomes are where they are within the Scope.
Attached is a template that you can use for the Scope and Sequence however, if you wish to use one from NESA that is ok.
Also, attached is the assignment ‘question’ as well as the marking criteria.
Many thanks.

1. Explain the relationship between operations management strategy and overall business strategy.

1. Explain the relationship between operations management strategy and overall business strategy. Evaluate this statement by using academic theories and real examples in your answer to illustrate your points

Relationship between Operations management strategy and overall business strategy

Operations management is the control, scheduling and planning of the activities to transform raw materials and labor into finished goods and services.Operations management deals with the effectiveness and efficiency of operation in supporting and developing a firm’s strategic goals. The field focuses with the effectiveness of planning, use, scheduling and control of a service or manufacturing firm and their operations (Boyer, Hallowell & Roth, 2002). On the other hand overall business strategy is the means by which a business sets out in order to achieve its desired objectives and it may cover a period of three years or more. This kind of strategy deals with major resource issues, for example looking for finances to build a new plant or factory. The strategy is also concerned with determining on what type of products a firm should allocate major resources.The overall strategy defines an organization’s mission, vision and goals.

There is a relationship between these two strategies that a company cannot ignore. While operations management strategy focuses on converting raw materials into saleable services and products, the overall business strategy is concerned on how these management operations can be carried out effectively and efficiently to ensure production of the products at a higher capacity and low cost so as to achieve the overall firm’s goal. It is therefore essential for business leaders to consider all these strategies in order to improve company profitability and efficiency. An operation management helps to keep the production costs down by evaluating on money spend (Russell & Taylor, 2003). For example, in a wallet producing company, operations manager can decide to purchase bulk amount of textile materials in order to get discounts on pricing. Also, in an attempt to reduce the payroll cost, the manager can work with part-time laborers for certain tasks.All these cost reduction options are intended to keep the cost of goods and services as low as possible. If the production costs are kept low and other company expenses kept constant, a company will make profit which is the ultimate goal for a company.

Apart from the cost of goods sold, business leaders also need to consider cost in all other functional areas from operations, administrative, sales and distribution. These strategies must match a firm’s vision and mission. For example, if a certain company’s mission is to provide handmade quality products, then, automation with machines does not fit in this strategy. The cost of production due to labor will be high and hence the company needs to increase product price or lower costs in other areas of operations.

Business operations redesign theory is concerned on changing the structure, software and hardware of a firm to allow systems to rapidly adjust to the capacity in which they can increase production and function efficiently in response to the market or intrinsic changes in the system. A six sigma approach was developed at Motorola from 1985 to 1987 to focus on quality. This system was adopted by Jack Welch in General Electric in 1995 (Vickery, Doge & Markland, 1993). The system has defined financial targets and step sequence such as reducing cost or increasing profits. All these operation management activities help in achieving the overall vision of a company. Operations management strategy and the overall business strategy are also explained by lean theory. Lean theory explains adoption of lean manufacturing to eliminate waste within a firm’s manufacturing process. The theory sees value creation as crucial for customers and any other use of resources is regarded as wasteful.

The purpose of operations management strategy is to give a plan for the operations in a company to help the company to use its resources effectively and efficiently. The strategy specifies the plans and policies that are important for using the Company’s resources in order to support the company’s overall business strategy which is long-term (Neely et al, 1994). Operations strategy therefore provides a plan on how resources should be used with aim of achieving the company’s strategic goals. It includes size of resources, technology to be used, processes required, equipmentneeded and the quality control methods. Therefore, it is important for a company to align its operations management strategy with its overall business strategy so at to enable the company to realize its long-term plan and goals. For example, FedEx Company that deals with provision of expedited delivery services has a business strategy to compete on dependability of deliveries and time (Russell & Taylor, 2003). The operations strategy of the Company developed a resource plan to help its business strategy.

Operations management strategy is very vital in realizing the overall business strategy of company. The strategy helps in the production of professional managers with the ability to achieve company’s strategic goals in a given time period. Therefore, operations management strategy is very important as it helps a Company to realize long-term goals which are defined by the company’s business strategy.Operations management strategy controls operation, design, improvement and maintenance of the systems involved in the production of the Company’s important services and products (Neely, et al, 1994). The management responsibilities for operations management include finance and marketing. While the overall business strategy defines the company’s mission and vision which are long term, the operational strategy ensures that a Company achieves this by laying ways of maximizing profit and increasing a Company’s market shareholders.

Also, operations management helps in product quality management. For any Organization to achieve its desired mission and vision which are defined by the overall business strategy, it must produce goods and services that are of high quality so as to remain efficient and competitive in the market. Failure of carrying out proper operation management would lead to collapse of an organization leading to overall business failure. Companies that employ efficient operational management strategies end up realizing their overall goals and vision as their overall business strategy. For example, Toyota Company which manufactures vehicles has several strategic objectives which include quality and innovation, profit, reputation and image and customer satisfaction. The Company has formulated a good operational strategy that has led to success of the overall business globally.Operations management strategy is therefore important in ensuring smooth running of organizational activities to ensure realization of the overall business goal.

2. Explain the relationship between supplier relationship management and new product development. Use academic models and theories as well as real examples to illustrate your answer.

Supplier relationship management

Supplier relationship management is a systematic and comprehensive approach in procurement management and the capturing of post contract value from main business relationships (Choy, Lee & Lo, 2003). The management is important as it enables procurement operation at a strategic level. Adoption of a collaborative approach and development of a closer relationship generates great value from the relationship when it comes to innovation and efficiency. Supplier relationship management consists of activities such as sourcing, contract management and supplier development. The sourcing process includes supplier selection and the related contract development. The main aim of the sourcing process is to reduce suppliers for their effective management. Supplier relationship management also entails management of the ongoing contracts in a more intensive way. Firstly, there is need for one to have a central view of all the contracts a process known as contract administration. This involves central capturing and monitoring of all the contracts. On the other hand, contract management is the process of ensuring execution of the contractual agreements as per agreement (Park, et al,2010). The process entails management of performance and relationship. The activities in contract management can be categorized into contract administration, service delivery management and relationship management. The last activity in supplier relationship management is supplier development. This involves good working relationship between procurement department and limited number of suppliers to ensure continual improvement or development of new services/products to realize competitive advantage. In this activity only few contracts and suppliers are selected.

New product development

This is the process by which a new product is brought to the market place. For any business to succeed, one needs to continually engage in new product development due to increasing competition, consumer preference changes and technology advancement. Innovative businesses succeed by understanding the needs of the market, carrying out smart improvements on products, and ensuring development of new products which meet their customers’ expectations. The new products in a business can be those products that a certain business has never sold or made before but are still in the market or innovations made for the first time and then brought to the market.

Relationship between supplier relationship management and new product development

Relationship between new product development and supplier relationship management is essential for success of any business. For this reason, a lot of research has been done on product development and its relationship to supplier management. Many researchers argue that Involvement of suppliers in the product development contributes to less development time, reduced product costs and improvement in product quality (Johnson, 2009). However, supplier involvement in product development has mixed results. For example, involvement of suppliers early does not result to project cycle time acceleration always. Both in supplier management and product innovation literature, various arguments have been adopted to address supplier involvement in new product developmentusing contingency theory.This theory argues that, organizations face different environments and unique history organizational characteristics that require management approaches and structures that are differentiated. By applying this theory to supplier management integration in the product development, it implies that supplier involvement in the development of new products requires analyzing of the situational factors and various critical processes that need to be managed.

Integration of company’s major suppliers into the process of new product development can lead to reduced risk and short product development time. For effective supplier integration, a business must employ a good strategy that ensures proper working of the suppliers as the business intends and provide a good communication framework between the suppliers and the Company. This ensures proper results delivery to the right channel so as to facilitate new product launch (Park, et al, 2010). A good supplier integration to the process of new product development starts at the stage of designing. In this stage the suppliers are well managed to ensure that they contribute in the product characteristics definition and product features development. With the input from the suppliers, a business/Company can be certain that the same suppliers will commit themselves in fulfilling the product design requirements in the process of new product development. To ensure full participation of the suppliers in the process, a company must ensure that it shares market information with the suppliers as this forms the basis of product design. Such approach makes the suppliers aware of the business’s strategic direction and the suppliers are able to help the business in achieving the desired product. Therefore, supplier management is crucial in defining a company’s new product goals.

Supplier management is also important as it contributes to the new product designing. Therefore, a Company needs to employ a strategy that properly integrates suppliers in the new product development. There must be design flexibility so as to allow integration of the suppliers who make contributions for the improvement of a product (Choy, Lee & Lo, 2003). This is because suppliers have knowledge on their own products, know their capabilities and are aware of the successful products in their market. Such supplier integration is essential as it allows a Company to use the knowledge provided to modify its concepts and make improvement on product design. The partnership between the suppliers and the business is strengthened after the suppliers see their influence and contribution to the product designing process.

There is also relationship between supplier management and new product development in that the suppliers help in cost sharing and pricing. Where the suppliers are transparent in their costs and the required profit, there is efficient and excellent product development. This is because the suppliers will be well managed to take part in the sharing of risks and benefits. This creates a good relationship between the supplier and the company employees leading to success of product development since the suppliers will be willing to share their knowledge on the product at hand.

Finally, a supplier interface is essential in the development of new products. After the basic framework for product development and design is set, a supplier interface is important as it facilitates communication between the company personnel and supplier counterparts. The organizational structure should include employees from both the company and from the suppliers grouped into specific groups carrying out specific tasks for product development.

3. Capacity of any operation will always be restricted by at least one factor. Discuss how operational capacity can be effectively measured and managed. Use theories and practical examples in your answer.

The success of all the operations in an organization is determined by its capacity to meet the set deadlines using the available resources. The capacity of an operation is defined as the maximum extent of value added activity over a given period for purposes of enabling the processes involved achieve the set goals under the normal resources and the existing conditions. Due to its impact in the operations of an organization, operations managers are always required to assess and manage whatever resources and time they have using the right approaches and in the most effective way possible. Determining the capacity of operations in an organization plays a very important role in helping the operations manager to make the right adjustments that will make their operations get back in line in the most effective way possible. It is therefore important for operations manager to use the most appropriate and effective methods of measuring and managing operational capacity in their operations.

Methods of measuring operational capacity

There are two main approaches that could be applied by operational managers to effectively measure their organization’s operational capacity. One of the commonly used approaches is the incremental approach. The application of this approach is linked to a number of elements including its affirmative starting point that has remained highly useful in involving the organization’s stakeholders in engaging in a participatory self-assessment process. By applying this approach, operation managers always get themselves into defining their operational needs as realistic moves that will push their organizations in the right direction rather than going for ambitious and high-level targets that are not easily attainable. Some of the advantages that are attached to the application of this approach include being highly flexible, detailing capacities and their roles, and what they consider important for their operations. However, the approach does not determine whether the stakeholders have the right technical skills, knowledge and information to enable them frame their following capacity steps in a more significant way.

The application of the gap analysis approach is on the other hand based on some of the well-defined external criterion that makes an organization to function perfectly and effectively as per the presented situations. Despite this approach being considered important in determining capacity, it is not always considered important because it usually fails to recognize the value of the existing capacity. Again, the application of this approach is also considered to be too ambitious and unrealistic to attain, thus making its application tough and difficult. Lastly, the application of this approach only focuses its attention on the hard capacities while leaving the soft capacities out, thus being termed as judgmental and highly unrealistic in its applications. As a result of these issues, the application of this approach always not advised while the incremental approach is highly advised for operations manager who want to determine their capacities to attain their set operational goals.

Ways of managing operational capacity

The main aim of assessing an operation’s capacity is to find out what is needed to keep the operations profitable for the organization. After determining the capacities, operations manager are supposed to find out the most appropriate technique to maintain the operational capacity. The approaches applied for purposes of balancing the organization’s product customer demands and their capacity to meet the demands effectively and without having to struggle. To avoid the mismatch in an organizations operations, some of the methods that have been proved effective include the level capacity plan, the chase demand plan, and the manage demand plan.

Level capacity plan

The application of this strategy makes operational capacity static throughout the operations irrespective of the fluctuations that could affect them both internally and externally. When effectively applied in an organization’s operations, the involved operations managers get equipped with the right knowledge on how to maintain their operational capacity without affecting the progress of the organizational operations. Operations manager are therefore required to apply this method for purposes of improving their effectiveness in maintaining their operational capacities.

Chase demand plan method

The application of this approach requires the operations managers to try as much as they can to match their organizations capacities with the demand changes. Managers applying this approach should however understand that it can be both proactive and reactive, thus requiring them to be equipped with the right techniques on how to counter any of the unwanted reactions. It helps managers to know the kind of reactions to adopt based on the market condition. When applying this approach, the operations manager is supposed to control a series of resources within their dispensation including sharing capacity equally between all the departments in their organization, vouching for vendor support for less critical services, and planning shifts to perfectly cater for the day’s peak volume. Operations managers are also expected to manipulate their output rate based on the existing market demand. The meaning of this is that, the managers can either reduce or increase their production output based on the existing market demand. If the demand goes down, the production manager is supposed to decrease the production while at the same time increasing their production when products demand goes up. From the explanations provided above, the application of this approach is always done purposely to maintain an organization’s capacity based on the available resources and the quantity of output required by the parties in question. Maintaining the balance is considered important in helping the operations manager to attain better quality and maximum efficiency in their production.

Managing organization’s demand plan

The application of this approach is always considered effective in maintaining capacity because it allows the operations managers to change their demand patterns based on their existing capacities. The adoption of this approach is always considered effective in cases where time is not considered a key limiting factor in an organization’s operations. By having an effective demand plan, operations managers get the opportunity to bring about an effective balance into their operations through their available resources.

4. Explain the concepts of build-to-stock or make-to-order and their relative advantages and disadvantages. In your answer consider advantages and disadvantages of keeping inventory and explain how inventory could be managed including the use of technology.

Use theories and practical examples in your answer to illustrate your points.

The concept of make-to-order is applied in business production strategy for purposes of allowing the target customers to purchase products that are specifically tailored to meet their specifications. Make-to-order can be classified as a type of manufacturing process where the actual production starts immediately after a customer confirms his or her order. No production is supposed to start before a customer places an order to the producer because all the products are produced differently and on the basis of the specifications offered by the customers being served. Due to its nature, some of the advantages that are linked to make-to-order include very minimal waste being evident, a significant reduction in production inefficiencies, and customers being served with products that are made to meet their specifications. The concept works well towards minimizing waste of resources because the organizations only make what is ordered by their clients without any excesses being produced. In reducing inefficiencies, make-to-order has been considered important because production is only allowed after the customers being served confirm their order and specifications on what they are expected to produce. Finally, customers are always privileged to get themselves unique products based on their personal their requirements and needs. On the other hand, some of the disadvantages that are linked to this concept include companies receiving irregular sale demands, material stock falling behind, and customers having to wait for some time before getting their products. Companies that use this concept always have cycles of sales peaks and spikes that are characterized by a series of some good profits at times while at the same time having a period of stalled production at other times. Again, organizations that adopt this concept in their operations always engage in production only when an order is made and confirmed. When this happens, these organizations tend to suffer from material stock falling behind as it remains dormant for as long as the organization does not have any orders from their customers. Finally, the amount of time taken by customers to get their order delivered is also determined by the nature of their order. Different orders take different times to be completed and this leads to variations in the amount of time that each order takes to be delivered.

To what extent of control over employees will affect productivity Preliminary Report

You are to create a Scope and Sequence for Year 11 Standard English. Within the Scope and Sequence, you Writing Assignment Help To what extent of control over employees will affect productivity

Preliminary Report

Supervised by: XX

April 2016

Word count: approximately 2000-3000 words

Introduction

The productivity of employees in any given is always influenced by a series of factors. While the productivity of some employees are linked to the compensation offered to them by their employer, others are influenced by the type of control imparted to them by the employee and the type of motivation that they get from the organization (Yanadori, & Kato, 2007). Some employers have also opted to controlling their employees as one way of making sure that their productivity increases over time (Yanadori, & Kato, 2007). However, the response of control method to employee productivity has been met with some mixed reactions, with some employees feeling that their freedom to exercise whatever they want during production is limited while others feel it is the right directions towards helping organizations meet their maximum production potential (Yanadori, & Kato, 2007). As such, the purpose of this dissertation is to find out how the extent of employee control affects their production in a given organization. The main focus of the dissertation will be to find out the effects brought about by employee control in the productivity of a given organization (Yanadori, & Kato, 2007).

For purposes of getting the right results from the study, the dissertation will be divided into different sections and subsections. The first chapter of the dissertation will be the introduction, the second chapter will the literature review, third chapter the methodology, forth chapter the results and analysis of the study and the fifth chapter will form a discussion of the study results. The introduction will give a brief background of the study topic and a list of the research questions that will be used for the study. The introduction will also have a list of the research’s key aims and objectives. The literature review chapter will give a detailed discussion of what has been done by other scholars in the past concerning the topic of study. The methodology section on the other hand will have a detailed discussion of all the study methods to be applied in the organization including the data collection and analysis methods amongst other important elements of the study related to the methodology.

Aims

The key aims of this research is to assess the extent to which employee control affects productivity

Objectives of the research

The specific objectives of the research will be to:-

To assess the relationship between controlling employees and their productivity

To assess the type of controls that affect employee’s productivity positively

To highly the specific type of controls that affect the productivity of the employees negatively

Research questions

Should organizations exercise employee control as a way of improving their productivity?

Does restricting employee control lead to more productivity in an organization?

Literature review

Different studies have been carried to determine the extent to which customer control affects employee’s productivity in different settings. As such, this section seeks to give a detailed analysis of what has been done concerning the study topic by other different scholars. Some of the key elements that will be looked at this section include the effect of employee’s performance appraisals on their productivity, the effect of an appropriate reward system on employee performance and the influence of employee feedback on their productivity.

Employee recognition and excellent performance

One of the key factors that contribute significantly towards affecting the productivity of employees either positively or negatively is in the type of recognition that is extended by the workers towards the employees (Bannister, & Balkin, 2010). Having the right performance appraisal methods in an organization offers performance managers with the right opportunities to know all the good performing customers in their organization, thus making it easy for them to come up with the right motivation strategies that would improve the productivity of the employee in the best way possible (Baron, & Armstrong, 2007). It is however important to understand that before exerting any form of control to the employees, the performance managers need to focus all their attention into the behaviours of the employees and the outcome of their hard work rather than looking at the personalities and how they affect their productivity (Winkler, 2010).

Some of the systems that should be looked at during this whole process include having the right communication channels put in place to encourage the employees continue engaging in their daily operations, offer the employees with a positive feedback that will enable them perform exceptionally by encouraging them to look at some of the things that need to be changed and those that need to be completely left out (Baron, & Armstrong, 2007). It is therefore important to understand that having the right performance appraisal offers the supervisors with an appropriate opportunity to develop the right job standards as well as the priorities that will ensure the development of trust between the managers and the employees, thus leading to better performances being experienced in the organization (Yanadori, & Kato, 2007). Previous researches have also found out that the other management benefits that are linked to performance appraisals in the place of work include differentiating between the low and high performers while at the same time being in a position to identify the strengths of the employees as well as the specific areas that need to be developed and improved over time (Milgrom, 1988).

Despite the impacts of performance appraisals on the productivity of employees, this technique has been heavily criticized because it brings about some form of discrepancy between its practical application and what has been discussed in theories by different scholars (Blau, 2009). Studies that have been carried out to find out the relationship between employee appraisals and productivity have indicated that there is a wide gap between what is discussed in theories and what is being practically applied in different places of work (Brown, & Benson, 2013). Most of the studies have indicated that a good number of human resources managers do not fully utilize all the available psychometric tools that are available at their disposal. Human resource managers should therefore learn to communicate openly to their employees (Frankel, & Wallen, 2000). Everything concerning employee appraisals therefore call for an open type of communication to be adopted because it will help the employees to perfectly understand everything that is happening and being done to promote their productivity.

Accounting for the employees past performance

One of the important elements that determines the success of a method towards making employees either more productive or not is in how they initially responded to some of the methods that have been tried in the past to influence their productivity (Frankel, & Wallen, 2000). Most of the researchers have indicated that employees who have positively responded to some of the control measures put on them by their employers tend to have a high likelihood of improving their productivity when controlled while those that have had a negative impact have a high likelihood of responding negatively to the same (Bannister, & Balkin, 2010). Human resources managers are therefore required to understand the history of their employees, how they respond to change and how they are more likely to change when something new is introduced to them.

On the other hand, the employees that are exposed to a positive and progressive performance appraisal by their employers always end up being committed to their work as opposed to those exposed to any other type of control (Bannister, & Balkin, 2010). Progressive performance appraisal is therefore considered an important part of determining the performance of employees without having to worry on whether their productivity will increase or decrease over time (Frankel, & Wallen, 2000). Employees will therefore look at the type and nature of employee that is being exerted to their daily operations in an effort to make them change their production modalities or effects. All the techniques applied to control the employees should however be in line with the operations of the organization to avoid any conflicts being experienced during the strategy implementation phase (Dixit, & Bhati, 2012).

Performance appraisal remains to be a crucial employee management tool that has proved effective in enhancing employee performance. Other benefits associated with the tool include need for employee motivation, training, and develop of good relationship with the human resource personnel among other benefits. The concept is however defined as the process through which firms identify measure, develop and evaluate their staff performance (Dixit, & Bhati, 2012). Moreover, with adequate definition of the term, it is possible for the concerned stakeholders to understand how the tool is applied as it incorporates various aspects. For instance, through the identification process, the appraisal team is able to determine some of the key indicators that will be used in assessing employee performance. Additionally, through observation, organizational management recognizes the need to engage in constant supervision of their employees to ensure that organizational goals are met (Winkler, 2010). Additionally, from the observation, the organizational leaders are able to measure the desired performance metrics to make informed decisions (Bannister, & Balkin, 2010). However, the measured metrics ought to be relevant and effective in evaluating employee performance.

It is imperative to acknowledge that the rationale of employee appraisal is to identify areas of future of development. Therefore, through the process, the human resource managers are able to identify areas where the employees need to improve in the future (Dixit, & Bhati, 2012). Besides, different studies have acknowledged the fact that with effective appraisal, organizations can easily achieve enhanced performance (Winkler, 2010). A shared understanding from the current study is that appraisal as an employee management tool helps organizations to assess the performance of staffs and identify possible areas where the employees require more training.

According to Chirchir(2016), organizations in the modern business setting need to attract and retain competent employees that offers them a competitive edge in the market. Furthermore, the process helps such firms to keep with the changing technology. Therefore, performance appraisal as a tool should be considered as an effective system used in to enhance quality of a firm’s workforce performance (Winkler, 2010). Therefore, for firms to realize their set goals, they need to engage in adequate planning process of the appraisal. Besides, appraisal plays a pivotal role in an organization as it helps the human resource department to identify the talent and capacities of the individual employees (Dixit, & Bhati, 2012). Therefore, the appraisal process should be conducted more frequently to ensure that firms are able to retain competent personnel and still determined to realizing business goals.

Research gap

From the literature reviewed, it is clear that a lot has been done on how employee appraisal and control affects their productivity in different ways and in different organizations. However, there is very little that has been done to ascertain the extent to which employee control affects the productivity of employees in an organization. It is therefore based on this research gap that this study seeks to look at the extent to which employee control affects their productivity either positively or negatively.

Methodology

This study will employ qualitative research techniques. The application of qualitative techniques is based on the fact that all the data required for the study is qualitative in nature. To collect the right data from the study population, the researchers will employ in-depth interviews to the study subjects, with both open and close ended interviews being highly recommended for this type of research. The researcher will be asking guiding questions to the interviewees followed by the right follow up questions that will lead to right answers concerning the study being offered. The researchers will record all the information given in an audio device for further reference during the analysis process.

After collecting the study data and recording it appropriately, the researcher will transcribe the information recorded and analyse it through either narrative analysis or content analysis. The application of these methods will be based on their effectiveness to help the researchers get the right results without leaving any of their collected data un-utilized during the analysis process. After analysis, the data will be presented in the form of a research dissertation in accordance to the guidelines offered for this course.

References

Bannister, H. & Balkin, B. (2010). Positive Effects of Rewards and PerformanceStandards on Intrinsic Motivation. The Psychological Record 53(1), 561-579

Baron, N.& Armstrong,M.(2007). Psychology applied to work(8th ed). Belmont, CA: ThomsonWadsworth.

Blau, G. (2009). Testing the Longitudinal Impact of Work Variables and Performance Appraisal. British Psychological Society 4(2), 4-8.

Brown, M., & Benson, J. (2013). Rated to Exhaustion? Reactions to Performance Appraisal Processes. Industrial Relations Journal 34(1), 67-81.

Dixit, V., & Bhati, M. (2012). A study about employee commitment and its impact on sustained productivity in Indian auto-component industry. European Journal of Business and Social Sciences, 1(6), 34-51.

Frankel, D. & Wallen, R. (2000). Knowledge management and organisational Competitiveness: A framework for human capital analysis. Journal of Knowledge Management 7(3), 82-91.

Milgrom, P. R. (1988). Employment contracts, influence activities, and efficient organization design. Journal of political economy, 96(1), 42-60.

Winkler, D. (2010). Services offshoring and its impact on productivity and employment: Evidence from Germany, 1995–2006. The World Economy, 33(12), 1672-1701.

Yanadori, Y., & Kato, T. (2007). Average employee tenure, voluntary turnover ratio, and labour productivity: Evidence from Japanese firms. The International Journal of Human Resource Management, 18(10), 1841-1857.

Dissertation Guide Introduction Provide a brief introduction showing what your dissertation will

Dissertation Guide

Introduction

Provide a brief introduction showing what your dissertation will cover

Aims and objectives

Outline the aims and objectives of your research for example:

Critically review the theoretical framework of emotional labour

To investigate and identify the skills required to perform such labour

To assess the relationship between the skill that organisations look for during recruitment and selection and the performances of these employees

To identify training programs specifically to assist workers perform emotional labour

To investigate the perceptions of service quality of those who perform the job

To explores the consequences of emotional labour (positive and negatives consequences)

Make recommendations for future development.

Research questions

You should aim for one overarching research question and around two-three sub-questions.

Literature review

Provide around 1000 words of a literature review. This should cover your main arguments and the key literature.

Methodology

This section should provide a theoretical justification for the research methods employed to achieve the objectives of the research and the methods adopted and the way the data will be analysed and the limitations of the research.

Indicative bibliography of key texts

Approximately 10-20 references.

2 International Sales Law Introduction In this case scenario, I am going

2

International Sales Law

Introduction

In this case scenario, I am going to advice Pau and Vera on their legal rights regarding the contract of shipment of cars between them. Additionally, I’ll consider the difference if any, were CISG be applicable to the contract entered into by Paul and Vera.

Issue

The issue here is whether there is breach of contract entered into between Paul and Vera and if yes, who is liable for such breach. Are there any remedies available to the innocent party?

Rule

In an FOB contract, the risk is not passed to the buyer until the goods arrive at the port where loading is to occur. Any damage or loss that occurs to the goods is therefore borne by the seller. An FOB contract is however a form of flexible contract which in most circumstances depends on the realities of business and the circumstances under which the contract was entered into as was stated by the court in the case of Pyrene v Scindia Navigation (1954).

Under section 20 of Sale of Goods Act (SOA), the risk associated with the goods passes to the buyer upon shipment and does not depend on the time when the property is the goods passes to the buyer. A bill of lading taken by the seller will not affect the time when risk passes to the buyer as was held in the case of Stock v Inglis (1885). In cases where only part of the goods is shipped, the risk that passes relates to the goods shipped.

Damage to the goods and the associated risk is on to be borne by the buyer if such damage occurs while the goods are on transit. However, under section 32 (3) of the SOA, the seller can be made liable especially is situations where the seller sends the goods but fails to notify the buyer so that the buyer makes necessary arrangements to take out insurance for the goods.

The buyer has the right to exercise his right to reject the goods especially where a condition in the contract has not been met and a breach of contract can be proved at this point. He is entitled to reject the goods and refuse to pay as well. This is in line with the judgment in the case of Gill & Duffus v Berger [1984] 1 Lloyd’s Rep. 227.

The seller has the obligation to ensure that the goods shipped are in conformity with the contract that the parties had entered into. The seller has no right to unilaterally change the terms and the description of the goods under the contract without the knowledge of the buyer. If a material change in the contract that can be said to be a condition, the buyer has the right to reject the goods and withhold any payment.

The seller is under a duty in an FOB contract to deliver the goods under the contract and clear the goods for export purposes to the port named or nominated by the buyer. However, the contract being capable of modification, the seller has the right to change a term due to necessity. This however does not take away the seller’s duty to supply goods that conform to the contract, deliver the goods to the nominated ship or port of shipping and pay costs of delivery to the ship. The seller also has a duty to acquire the entire entire exporting license as well as the bill of lading and to tender documents that relate to the goods to the buyer.

The buyer on the other hand bears the risk of damage or loss to the goods after they are on board the ship even before the property in such goods has passed to the buyer. The buyer is required to notify the seller on the ship or port of shipment that he has nominated; receive the goods and cater for the price of the goods as well as any incidental charges.

Application

Paul and Vera entered into a contract for Paul to buy from Vera 5 classic Style Super Deluxe Glamorgan cars on FOB terms. The number plates of three cars that were available in stock at the time of making the contract were CF19BX, CF29BX and CF39BX. It was agreed that Vera would make the shipping arrangements and pay the advance freight and that the cars were to be shipped by 1 March. Paul paid for the cars on 10 February and indicated to Vera that the freight should be no more than £500 per car. One of the cars CF19BX was stolen before the cars were loaded on the ship and the liability is borne by the seller, Vera.

Vera bought two other cars NF1BX and NF2BX so as to complete the contract with Paul and the two were shipped separately. Both ships arrived in Hamburg on the 3 March and Paul was informed of the arrival of the cars. He rejected the three cars and only accepted CF29BX and refuses to pay the freight for the cars claiming that Vera had arranged for £550 instead of £500 as they had agreed.

CF40BX was not one of the cars Paul had paid for and he is right to reject it. The responsibility and loss associated with this car including the shipping and freight should be borne by Vera. On freight charges, the parties had agreed on £500 only. This is the amount that Paul should pay on three cars, CF29BX NF1BX and NF2BX; the balance should be paid by Vera.

Conclusion

A fundamental breach of contract has been occasioned by Vera. She failed in her obligation to supply goods according to the contract. However, the only car that Paul could reject in the circumstances is CF40BX which was not part of the contract. Paul should also cater for the freight for the three cars to the tune of £500 only per car as they had agreed. Vera is liable to compensate Paul for the non delivery of two cars; CF19BX and CF39BX.

The answer will however not be different if CISG was applicable in this contract since the breach by Vera is on a condition in the contract by failing to supply goods in accordance with the contract entered into between the parties.

References

Bridge MG. The international sale of goods (Oxford University Press; 2017)

Lorenzon F, Sassoon DM, Baatz Y, Skajaa L, Nicoll C. CIF and FOB contracts (Sweet & Maxwell; 2012)

Lorenzon F, Baatz Y. Sassoon on CIF and FOB Contracts (Sweet & Maxwell; 2016)

Legislation

Sale of Goods Act, 1979

Cases

Pyrene v Scindia Navigation (1954)

Stock v Inglis (1885)

Gill & Duffus v Berger [1984] 1 Lloyd’s Rep. 227

QUESTIONS In January Paul in Hamburg made enquiries of Vera in Newport

QUESTIONS

In January Paul in Hamburg made enquiries of Vera in Newport as to whether Vera could supply 5 Classic Style Super Deluxe Glamorgan cars made in South Wales which he said he wanted for resale in Germany. During this discussion Paul asked Vera if the cars ran on ‘organo’ petrol which was a new type of environmentally friendly petrol which had just come onto the market. Vera said they did not. In fact she knew that they did run only on this type of petrol but thought that Paul might be worried about the high cost of running the cars. Paul said he would think about whether to buy the cars. On 1 February Vera made a contract to sell 5 Classic Style Super Deluxe Glamorgan cars to Paul FOB Newport. In the details of the contract the number plates of three of the cars were given as CF19BX, CF29BX and CF39BX which Vera had indicated she already had in stock. It was agreed that Vera would make the shipping arrangements and pay the advance freight and that the cars were to be shipped by 1 March. Paul paid for the cars on 10 February and indicated to Vera that the freight should be no more than £500 per car.

A few days before 1 March, and despite the strong security measures Vera had taken to safeguard her stock one of the cars was stolen. This was the car with the number plate CF19BX. On 2 March Vera shipped the two remaining cars that she had in stock on the Merry Celt which sailed from Cardiff. On 2 March Vera bought 2 Classic Style Super Deluxe Glamorgan Cars which had been shipped on the Celtic Pride on 1 March in order to complete the contract with Paul. The number plates on these cars were NF1BX and NF2BX.

Both ships arrived in Hamburg on the 3 March and Paul was informed of the arrival of the cars. When Paul went to the port and saw the two cars discharged from the Celtic Pride he refused to take delivery of them. He also found that the cars on the Merry Celt had the number plates CF29BX and CF40BX. Since he had a buyer for one of this type of car he took delivery of CF29BX but did not take delivery of CF40BX. The three rejected cars were ultimately returned to Vera. Paul insists that Vera return the price he paid for 4 cars and that Vera should pay him £1,000 for non-delivery of CF19BX since that was the loss of profit he was due to make on a sub sale of that car but which he could not complete since that car had not arrived. He also refuses to pay for the freight for any of the cars since the freight had been £550 per car. Vera insists that Paul should have taken delivery of the three cars so that Paul is liable for the losses he has made on resale of the cars and that he should pay the costs involved in the return of the cars and the freight of £550 she had paid for each of the four cars which arrived at Hamburg.

Critically assess the legal position as between Vera and Paul on the basis of these facts.

How would your answer differ, if at all, if instead of English law, the CISG applied to this contract?

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