Mutual Trust and Confidence (MTC) in an Employment Contract

Mutual Trust and Confidence (MTC) in an Employment Contract Sophie Canning   Mutual trust and confidence (MTC) is a central term in implied terms of an employment contract.[1] MTC is an implied term which dictates that the employer will not conduct himself in such a way as to destroy or seriously damage the relationship of confidence and trust between the employer and employee.[2] The common law development of MTC was influenced by legislation,[3] statutory procedure for unfair dismissal and also had an impact on the way judges view MTC. The foundations for the implied term of MTC were laid down by Addis v. Gramophone Co. Ltd[4] which set out that in wrongful dismissal cases, there was no compensation in common law action for 1) the manner of dismissal, 2) the injured feelings, or 3) losses sustained from post dismissal.[5] The notion of MTC was not established in this case, but this case later helped explore the implied term of MTC. Courtaulds Northern Textiles Ltd v Andrew[6] gave MTC a narrative formulation.[7] MTC also arose out unfair dismissal and constructive dismissal claims, where the claimant wished to establish constructive dismissal and had to show there had been a breach of contract.[8] However, this could not always been proved and therefore there was a shift and people started arguing the employers behaviour undermined the employment relationship.[9] The term of MTC was formally recognised in Malik v. BCCI,[10] where it was described it as a portmanteau obligation by Lord Nicholls[11] and also opened u p the opportunity to claim damages for undermining MTC.[12] Malik[13] ultimately contradicts the third limb in Addis[14] as it allowed compensation for stigma damage. The second limb from Addis[15] was also challenged in Gogay V Hertfordshire County[16] when a care worker was suspended following accusations of child abuse and, from this, suffered from a psychiatric illness. The care worker was awarded damages for the breach of MTC; going against Addis[17] which stated there was no remedy at common law for injured feelings. However, both Addis[18] and Malik[19] arose from claims during the course of employment. The question arises whether there can be a common law remedy for at the time of the dismissal. This is answered in Johnson v Unisys[20] where it was identified that in the common law of wrongful dismissal, there cannot be a remedy for a breach of MTC at the time of dismissal. This rule was fashioned into the Johnson Exclusion Zone which is where common law claims based on a breach of MTC were pre-empted by the statutory claim for unfair dismissal.[21] Some academics have showed contention towards the Johnson Exclusion Zone. Collins highlights that, in regard to unfair dismissal claims, the exclusion zone cannot be manoeuvred around, if the claim can be met by the statutory law of unfair dismissal or if the claim cannot be met by statutory law, the exclusion zone still applies.[22]It was also stated in Edwards v Chesterfield Royal Hospital NHS Foundation Trust[23] that the Johnson exclusion area h as been productive of anomalies and difficulties.[24] Furthermore, more recent cases such as Bournemouth University Higher Education Corp v Buckland [25] and Tullett Prebon Plc v BGC Brokers LP[26] have confirmed how fundamental MTC is, especially in the eyes of the court.[27]Buckland[28] demonstrated that apart from Johnson,[29] the statutory context of MTC cannot be invoked to dilute the impact of the common law regime.[30] Furthermore other cases have developed the law, in regard to constructive dismissal cases. Leeds Dental Team Ltd v Rose,[31] in consideration of Tullett,[32] required Tribunals to endeavour to find the employers intention; whether they had the intention to act in such a way as to destroy MTC with the intention to permit the employee to terminate the contract.[33] The values of public law have also had a role in the emergence of MTC. MTC aims to guard against an abuse of power by the employer and protects the employee from an imbalance of power and an undermining of the relationship, mirroring the public law principles of regulating the power of public bodies. Brodie highlights this, underpinning that the most notable impacts of the implied obligation has been the way in which it has restricted an employers discretionary powers public law also serves to regulate the powers and discretions of public bodies.[34] MTC also mirrors the values of public law as, as decided in Johnson,[35] the employers power to dismiss is unfettered by implied duty. The rationale for this, as highlighted by Barmes, is that judicial imposition of fetters on dismissal powers would unconstitutionally undermine the legislative prohibition on unfair dismissalà ¢Ã¢â€š ¬Ã‚ ¦ it would give a common law cause of action to claimants who had been excluded by Parliament from el igibility to bring a statutory claim.[36] Again, this stops an imbalance of power and an autocratic relationship between employer and employee. Natural justice also plays a role in MTC. Natural justice demands fairness and non-bias decisions and is a common law rule.[37] Natural justice fits in with MTC as there is an obligation of MTC that renders illegitimate decisions and behaviour adjudged to be unacceptable in the modern workplace,[38] trying to create a fair balance between the employers and employees. However the notion of natural justice within MTC is not entirely favoured. Neuberger stated that he does not consider it right to import the rules of natural justice, which are connected with judicial decisions and some administrative decisions, into the purely contractual relationship of employer and employee.[39] Although the notion of MTC is one which is instrumental to the employment contract, it does have limitations. Firstly, MTC is arguably too broad, it encompasses too many obligations. MTC was described as being an overarching obligation implied by law as an incident of the contract of employment.[40] However academics such as Cabrelli disagree with this statement and postulates that there is no evidence for the emergence of the implied duty of mutual trust and confidence as an umbrella principle.[41] Conversely, the broad nature of MTC could be considered a positive aspect. Irving maintains that MTC is a flexible and fundamental concept, is likely to retain its importance whilst evolving further with the changing nature of employment relationships.[42] The flexible of this term means it can change with and adhere to the needs of society. The Court of Appeal has sought to reduce the extensiveness of MTC.[43] In Johnson[44] injury arising dismissal was removed the overarching feature of MTC, although this did not extinguish its input when assessing damages.[45] Despite that this was removed from the extensive list of things MTC encompasses, the removal of this is also a limitation. The principal that came from this is called the Johnson exclusion zone and is a limitation as it does not allow employees to recover damages for injuries sustained from the way they were dismissed even if it ;rongful or unfair. Lord Nicholls identified three problems from this; 1) a duplication of proceedings, one for common law action and the other for statutory action, 2) the existence of a boundary line means that in some cases an ongoing course of conduct may have to be split, 3) boundary lines may cause strange results.[46] MTC, and the search for a boundary line in the Johnson exclusion zone, has also created tension between the common law and the statutory procedure. This was highlight in Eastwood,[47] where it was underpinned that the practical consequences of the boundary betwe en common law and statutory rights and remedies are unsatisfactory and merit urgent attention by the Government and the legislature.[48] There seems to be similar view from the judiciary concerning MTC. Lord Hoffman underpins that the statutory scheme of unfair dismissal does not allow parallel law development, as it would agonistic to Parliaments intention, and therefore further development of MTC would be impossible.[49] Brodie highlights that the view of the judiciary is that the appropriate mechanism for regulation is provided by the law of unfair dismissal; hence restricting the proper ambit of the term of mutual trust and confidence.[50] Brodie also underpins that not allowing statutory compensation limits to circumvent Parliaments intention has a wider public interest, and is not just about equitable remedies.[51] So on this; it seems that the courts view on MTC is that it should keep well within the ambit of Parliaments intentions, however in doing so, could prohibit the development of MTC. To conclude, it is therefore clear that the evolution of MTC has been influence by unfair dismissal legislation and Parliaments intention and has ties with Public Law values such as natural justice. The Johnson Exclusion Clause has brought with it a lot of limitations as well as the statutory procedures which limit the common law remedies and arguably MTC from further developing fully. Furthermore, the judges seem to be more concerned with providing a remedy in line with Parliaments intention rather than providing a common law remedy that is equitable which also could arguably be limiting the development of MTC fully and properly. Words 1479 Bibliography Primary Sources: Cases: Addis v. Gramophone Co. Ltd. [1909] A.C. 488 Bournemouth University Higher Education Corp v Buckland [2010] EWCA Civ 121; [2011] Q.B. 323 Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84 Eastwood v Magnox Electric Plc [2004] UKHL 35 Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 Gogay V Hertfordshire County [2000] EWCA Civ 228; [2000] IRLR 703 Johnson v Unisys [2003] 1 AC 518 Leeds Dental Team Ltd v Rose [2014] I.C.R. 94 Malik v. BCCI [1997] I.R.L.R. 462 Mclory and Others v Post Office [1993] 1 All ER 457 Tullett Prebon Plc v BGC Brokers LP [2011] EWCA Civ 131; [2011] I.R.L.R. 420 Woods v WM Car Services [1981] ICR 666 Legislation: Employment Rights Act 1996 Secondary Sources: Books: Pitt, G, Pitts Employment Law (2016, 10th ed, Sweet Maxwell), Samuels, H and Webley, L, Public Law: Texts, Cases, and Materials (2015, OUP) 3rd Ed Journals: Barmes, L, Common Law Implied Terms And Behavioural Standards At Work [2007] ILJ 35 Barnard, C Cherries: one bite or two? [2006] CLJUK 27 Barnard, C and Merrett, L, Winners And Losers: Edwards and The Unfair Law Of Dismissal [2013] C.L.J 313 Brodie, D, Legal coherence and the employment revolution [2001] Law Quarterly Review 604 Brodie, D, Mutual Trust And Confidence: Catalysts, Constraints And Commonality [2008] ILJ 329 Brodie, D, Mutual Trust And Confidence: Further Clarification [2011] Employment Law Bulletin 2 Cabrelli, D, The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle? (2005, ILJ Vol 34) Collins, H, Compensation For Dismissal: In Search Of Principle [2012] ILJ 208 Irving, D, The role and development of mutual trust and confidence as an implied term of the contract of employment [2008] Coventry Law Journal 22 Julies Enterprise Limiteds (JEL) company handbook gave the company the right to change the contents of the handbook and introduce new policies, depending on the business. However, generally there cannot be a variation of terms unilaterally. Lord Justice Asquith stated on the matter of unilateral changes, that [a]n unaccepted repudiation is a thing writ in water[52] underpinning the need for a bilateral variation of terms. JELs right to change contents of the handbook and policies is analogous to Bateman v Asda[53]where Asda created an express term in the employees contracts that stated they reserved the right to change and amend their handbook unilaterally. Both the courts agreed that Asda could reserve the right to change the handbook unilaterally as long as the term is clear and it is not unreasonable manner so far as to breach the term of mutual trust and confidence. Therefore following this, JEL has the right to amend the handbook, however changing the handbook to incorporate ran dom full body searches could be seen as unreasonable and a breach of mutual trust and confidence. S95 of the Employment Rights Act 1996[54] (ERA) underpins the nature to which someone can be dismissed. An employee can be dismissed with or without notice if the contract has been terminated by the employer.[55] Commonly the dismissal is not effective until has been communicated by the employer and the employee had acknowledged it, as confirmed in Gisda Cyf v Barratt.[56]The verbal dismissal from Jeremy can be seen as being communicated and therefore it can be said that Lizzie acknowledged it. The dismissal must also be clear and explicit. If it is ambiguous the courts must enquire as to what the reasonable man would understand as a dismissal. In Futty v D and D Brekkes Ltd[57]the employer told the claimant if you do not like the job, you can fuck off and this was construed by the claimant as being equivocal to a dismissal. However, this was not construed as a dismissal but as a resignation as the complainant found another job. It also has to be established whether Lizzie can claim for unfair or wrongful dismissal. Wrongful dismissal is concerned with a dismissal in breach of contract. There are two conditions that need to be fulfilled to have a successful claim; 1) there was a termination of a contract without or with inadequate notice and 2) the employer was not justified in doing so.[58] On the other hand, unfair dismissal is concerned with a dismissal that is unfair and is statutory. Under the ERA it states that [a]n employee has the right not to be unfairly dismissed by his employer.[59] To claim for unfair dismissal, there must be a qualifying period of employment of at least one year, as her employment is prior to 6 April 2012.[60] As Jeremy had no good reason for dismissing Lizzie, or followed a disciplinary process, it can be seen as unfair.[61] There are aspects of Lizzies dismissal that were wrongful and unfair. Generally, the law on references is that there is no legal obligation to provide a reference; but if one is given it must be fair.[62] If Lizzie were to think the reference was unfair, she could claim for damages upon proving the unfair reference caused her to suffer a loss.[63] Jeremy stating not to bother asking for a reference was therefore neither unfair nor wrongful as Jeremy does not have to provide one. At common law, no damages can be awarded for matters that arise from it such as psychiatric injury. Lizzie has suffered panic attacks and depression since her dismissal. This is indicative of wrongful dismissal. However, the courts cannot award damages in regard to psychiatric injuries that arise as a result of the dismissal, as per Johnson v Unisys.[64]In this, the claimant had won a claim for unfair dismissal and tried to claim for wrongful dismissal, as the claimant had suffered a mental breakdown as a result of the way he was dismissed. However, the majority verdict was that there could be no claim as the judges could not justify developing a common law remedy to employees who suffered from psychiatric illnesses as a result of the way they were dismissed. Johnson[65]indicates that the judges are not prepared to extend the common law of wrongful dismissal in a way which would extend beyond that of unfair dismissal legislation.[66] However, as per Eastwood v Magnox Electric Plc[67] Lizzie could have claimed if the psychiatric injury arose before the dismissal; but this is not the case, so it is unlikely she could claim for psychiatric injury. Additionally, in Lizzies employment contract, it was an express term that she would receive 3 months notice. However Jeremy did not satisfy this and terminated her employment without notice. Under S86 ERA there is a statutory minimum notice period.[68] For each year of employment, there must be one week of notice; if the employment is continuous and more than two years but less than twelve.[69] Therefore, under this statutory minimum, Lizzie should be entitled to at least five weeks notice. However, Lizzies notice period was contractually 3 months and as she has not received this, there has been a breach of contract. Therefore it could be said that Lizzies dismissal was in fact wrongful as this is a breach of contract. Generally, there is no duty to give notice when the employee is in fundamental breach of contract. This is shown in Pepper v Webb[70] where the employees refusal to follow instructions and continued to be insolent was held to be a breach of implied duty and therefore t he dismissal was warranted, despite there being no notice. Lizzie should claim for unfair dismissal. There are three types of remedies, in regard to unfair dismissal: reinstatement, re-engagement and compensation. Reinstatement is governed under S114 ERA and means an employer has to treat the complainant as if he had not been dismissed;[71] effectively when the employee goes back to their job as if they had not been unfairly dismissed. However, it is unlikely she would want this. Moreover, re-engagement is governed under S115 ERA which states that the complainant will go back to the employer but to a different job.[72] Again, it is doubtful she would want this. Additionally, compensation is governed by sections 118 to 124 ERA. S119 underpins the basic award received; 1) Half weeks pay for every year of employment when the claimant is aged under 22, 2) Weeks pay for work between 22-40 and 3) Week and a half pay for every year over 41.[73] The Compensatory award is governed by S113 and conditions that the court must give an amount that is equi table[74] and includes losses of earnings and any future loss, subject to aggravating circumstances, such as if the complainant had contribute to their dismissal in any way.[75] Damages are subject to deductions; one of the most common deductions is the Polkey Deductions.[76] This deduction occurs when there has been an unfair dismissal as the employer has failed to follow the correct procedure.[77] If the claimant would have been dismissed anyway, the compensation would be reduced as to the likelihood as a percentage deduction.[78] If Lizzie claims for unfair dismissal, it would be unlikely she could claim for wrongful as well. However, if she wanted to claim for wrongful instead, as it is concerned with the breach of a contract, the purpose of the remedy would to put the claimant back in a position they would have been before the breach. Damages in regard to the inability to comply with the express notice period can only stretch as far as the money earnt in that period of employment if notice had been given. This is highlighted in Focsa Services (UK) Ltd v. Birkett[79]where Justice Clark stated that the fact [was] that Mr Birkett was dismissed. In so far as he did not receive his full notice, he is generally entitled to damages to reflect the pay during the notice period and no more.[80] Lizzie did not receive a notice, even though it was contractual that she should have one and therefore Lizzie could claim for pay she would receive in those three months if she received notice. When the courts are analysing th e amount to give in damages, the court also have to consider other relevant factors such as bonuses. Lizzie, as part of remuneration, received a discretionary bonus and received this bonus ordinarily every year, bar last year. Generally, there can be a claim for bonuses if they are contractual, however as Lizzies was discretionary there is no duty to give a bonus if not contractual. Moreover, the courts aim to return the employee to the original position before the dismissal. This is fortified in Lavarack v Woods of Colchester[81]where an employee had been wrongfully dismissed and did not receive a bonus after dismissal, despite being subject to sporadic discretionary bonuses, as the employers had cut bonuses and raised the wage. The Court of Appeal held that the employers only had to fulfil the contractual obligation as everything else, including bonuses and raised pay, was discretionary. Words: 1520 Total Words: 2999 Bibliography Primary Sources: Cases: Bateman v Asda [2010] IRLR 370 Eastwood v Magnox Electric Plc; McCabe v Cornwall County Council [2005] 1 AC 503 Focsa Services (UK) Ltd v. Birkett [1996] IRLR 325 Futty v D and D Brekkes Ltd [1974] IRLR 130 Gisda Cyf v Barratt [2010] UKSC 41; [2010] 4 All E.R. 851 Howard v Pickford Tool Co [1951] 1 KB 417, 421 (Asquith LJ) Johnson v Unisys [2001] UKHL 13; [2003] 1 A.C. 518 Lavarack v Woods of Colchester [1967] 1 QB 278 Pepper v Webb [1969] 1 W.L.R. 514 Legislation: Employment Rights Act 1996 Secondary Sources: Books: Gweneth Pitt, Pitts Employment Law (Sweet Maxwell, 2016) 10th ed Websites: ACAS, References: workers rights (gov.uk, 2016) accessed 20 December 2016 ACAS Understanding the Polkey deduction (ACAS, 2013) accessed 23 December 2016 Gov, Dismissal: Your Rights (gov.uk, 2016) accessed 16 January 2017 Gov, Dismissal: Your Rights (gov.uk, 2016) accessed 16 January 2017 Working Papers: Deakin, S, The Contract Of Employment: A Study In Legal Evolution (2001) ESRC Centre for Business Research, University of Cambridge Working Paper No. 203, 33 accessed 19 December 2016 [1] David Cabrelli, The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle? [2005] Industrial Law Journal, Vol 34, 284 [2] Woods v WM Car Services [1981] ICR 666; Malik v. BCCI [1997] I.R.L.R. 462 [3] Employment Rights Act 1996 [4] Addis v. Gramophone Co. Ltd. [1909] A.C. 488 [5] Ibid (Loreburn L.C.); Malik v. BCCI [1997] I.R.L.R. 462 (Lord Nicholls) [6] [1979] IRLR 84 [7] Lizzie Barmes, Common Law Implied Terms And Behavioural Standards At Work [2007] ILJ 35 [8] Gweneth Pitt, Pitts Employment Law (2016, 10th ed, Sweet Maxwell), 1554 [9] ibid [10] Malik v. BCCI [1997] I.R.L.R. 462 [11] Catherine Barnard, Cherries: one bite or two? [2006] CLJUK 27 [12] Gweneth Pitt, Pitts Employment Law (2016, 10th ed, Sweet Maxwell) [13] Malik v. BCCI [1997] I.R.L.R. 462 [14] Addis v. Gramophone Co. Ltd. [1909] A.C. 488 [15] ibid [16] [2000] EWCA Civ 228; [2000] IRLR 703 [17] Addis v. Gramophone Co. Ltd. [1909] A.C. 488 [18] ibid [19] Malik v. BCCI [1997] I.R.L.R. 462 [20] Johnson v Unisys [2003] 1 AC 518 [21] Catherine Barnard and Louise Merrett, Winners And Losers: Edwards and The Unfair Law Of Dismissal [2013] C.L.J 313 [22] Hugh Collins, Compensation For Dismissal: In Search Of Principle [2012] ILJ 208

Chemical reaction Essay

1.Determine the enthalpy change for NaOH (s) + HCl (aq) → NaCl (aq) + H2O (l) using Hess’s Law. a. Write the balanced chemical reaction and enthalpy change for Part I (1pt) b. Write the balanced chemical reaction and enthalpy change for Part II (1pt) c. Calculate the enthalpy change using Hess’s Law. Refer to the lesson for an example of Hess’s Law. (2pt) 2.If the accepted enthalpy change value for the dissolving of sodium hydroxide in water is −44.2 kilojoules per mole, determine the percent error of the experimental value that you calculated in Part I. Show your work. (experimental – actual value) / actual value Ãâ€" 100 % 3.If the accepted heat of reaction for the neutralization of hydrochloric acid with sodium hydroxide is −56.0 kilojoules per mole, determine the percent error of the experimental value that you calculated in Part II. Show your work. (experimental – actual value) / actual value Ãâ€" 100 % 4.Using the accepted values of the processes you’ve examined, would your estimation of the enthalpy change for the reaction of solid sodium hydroxide in aqueous hydrochloric acid change from the prediction you made in question one? Explain your answer in complete sentences. 5.Give a detailed explanation, using what you know about bonds and forces of attraction, for the enthalpy changes you observed in parts I and II of this lab. Explain your answer in complete sentences.

Managerial Personality Essay

The characteristics of a person’s personality determine his leadership capabilities. Leaders from around the world all have distinct characteristics which define their leadership style and abilities. In a corporate culture, these personality traits can be capitalized upon to direct an organization towards its goals and to do so requires an in depth understanding of the different styles of personality traits that define every individual. A grasp on this knowledge would allow any leader to have a huge impact on the culture and performance of an organization. An observation to be made is the leveraging of personality traits may be utilized in order to achieve corporate goals. To create a competitive advantage, management’s focus must be on cooperation and inspiration. A clear link exists between culture and performance, as shown by Mindy L. Hall (Hall, 2005.) A leader’s personality shapes the environment in which employees function, and can either inspire extraordinary results, or devastating outcomes. Hostile conditions in the workplace will cause anxiety, stress, lack of energy, disengagement, or high turnover. Subsequently, organizations with these issues experience a lower quality of output. This negatively affects the relationship between consumers and businesses, who may find the competition more appealing. A positive engagement between management and employees excite a higher level of performance. From this, a company experiences higher quality output and satisfied customers. A best way to manage a company doesn’t exist; it must be studied, understood, and honed to best match or shape the organization’s culture. The key issue to choosing the appropriate manager in any organization is appreciating what goals and desires are sought after. This report is focused primarily on management as leaders and employees as subordinates. However, it must be understood that subordinates can also play the role as leader in their own context, and it should be encouraged. For example, a group of four employees are assigned to a project. Among this group will emerge a leader who directs the mission to accomplish said assignment. Although this individual does not possess a management title he or she is still leading. That being stated, an organization must possess a deep understanding of its business culture, and employ these concepts when prospecting for competent employees and management. Furthermore, management can recognize certain personality traits among individuals in a team, and manipulate and combine them in a synergetic way. In general, the comprehension of the various personality traits can be used as a measurement of how an individual may respond and perform in an organization’s culture. However, there is much debate as to the extent to which personality can predict behavior, and the extent to which behavior arises from the dynamics of a given situation (Kendrick, Funder, 1991.) The key issues in a corporate context include the big five personality traits, Maslow’s Hierarchy of needs, attitude, and emotional intelligence. The Big Five Personality Traits General agreement exists among researchers regarding the big five personality traits. This model categorizes personalities into five distinct categories: Extraversion, Agreeableness, Conscientiousness, Neuroticism, and Openness. An understanding of these categories often referred to as OCEAN, gives insight to an individual’s underlying personality and how an individual would react in day to day operations of an organization. However, research has shown situational factors play a role in how individuals move between the two extremes of each personality factor. Each factor is a range of two extremes, which most individuals lie somewhere in between. Given this fact, the majority of decisions made by people are representative of their fundamental personality traits. Only when abnormal or extreme situations arise does an individual shift towards the extreme of either end on one or more factors. Managers seeking to create a winning team would do well to not only understand his own personality type, but also individual team member’s personality types. Intimate knowledge of each person among a group will allow for a more harmonious and efficient team effectively utilizing strengths and mitigating weaknesses. Attitude Attitudes of managers and employees contribute greatly to the working environment. An attitude is a collection of beliefs and feelings brought on by life experiences or learned from others, and a positive or negative analysis of one’s environment. Similar attitudes of a leader and a team can create a positive working environment that flows all the way down to the end consumer. Leaders of an organization who commit to reinforcing positive attitudes contribute to a successful business model. Individuals who are satisfied with the work environment make their duties a part of life, and commit skills and knowledge to drive progress of a business. A study conducted by MBA’s and one professor from India, (Tandon, Mishra, Singh, 2011,) explored the relationship between attitude and how an organization perceives its position in society. The study begins by stating that business behavior has both economic and relational impact. Over recent decades there have been significant changes in the social expectation from business and managers. This study found that one’s personal beliefs, values, and attitude drive commitment to social responsibility. In this writing social responsibility can be thought of as organizational commitment or responsibility. The study took a specific look into how spirituality, materialism, relativism, and idealism discriminate between high and low corporate social responsibility (CSR).The study conducted found idealism and spirituality to have a positive influence on CSR, and materialism and relativism had a negative or less of an influence. This implies that managers with more of a concern towards society’s beliefs and values, and less towards material things, will have a greater concern towards creating a positive internal working environment. Moreover, a manager with this attitude may push subordinates towards the same ideals, which create a more efficient environment. In contrast, materialistic and relativistic attitudes contributed negatively towards CSR. This suggests that individuals with these attitude types can create an environment where monetary gain and possession of assets are the only goal, and right and wrong is near irrelevant. This mentality can have a devastating effect on society’s perception of a corporation. Moreover, the connection between working peers can be non-existent, and coordination would lack causing inefficiency. A manager’s attitude can bring about the benefits of a positive working environment by keeping a positive attitude towards a given position in an organization. An attitude based on working towards an end goal, which produces the greatest good for society and a corporation, would be an ideal mentality for any organization. Attitudes contribute to a successful business model because individuals who are satisfied make their duties a part of life, and commit their skills and knowledge to driving the progress and success of the business. Maslow’s Hierarchy of Needs Maslow’s Hierarchy of Needs is a theory of human motivation based on increasing levels of needs. This theory suggests that human needs are fulfilled one at a time by accomplishing basic needs and proceeding upwards towards advanced needs. Although there is much debate as to the accuracy of these levels research has suggested a correlation between the fulfillment of these needs and happiness. Managers with an understanding of what level individuals in a team are on can manipulate motivation techniques to stimulate productivity and efficiency. Maslow’s hierarchy can be applied to compensation, job design, management techniques, or anything that requires a higher level of motivation. Maslow’s hierarchy is a systematic way of thinking about the different needs employees have at any given point and explains different reactions they may have to similar treatment (Carpenter, Bauer, Erdogan, 2009.) The definition provided implies that each individual perceives needs differently, and managerial techniques in this context must be applied more specifically. For example, two employees receive a raise after a massive project was finished. The first employee is satisfied with the raise because her safety, and subsequently her physiological, needs had been fulfilled. The second employee felt his needs had not been satisfied. His goal in finishing the project was to prove his worthiness as a manager. His intention through his hard work was to climb the corporate ladder. He was looking to fulfill his esteem and self-actualization needs. Physiological needs are satisfied through compensation, since a paycheck allows individuals to find nourishment, shelter, etc. Compensation can satisfy more than one need, however. Safety needs can be satisfied through benefits such as 401K, health plans, or paid time off. In many ways, compensation satisfies both physiological and safety needs. In addition, organizations must take in consideration the physical safety of employees. Managers have a duty to enforce safety precautions where working conditions may be hazardous. When a position requires employees to take physical risk an organization is expected to protect workers from unnecessary harm, and to compensate for the higher risk. When feelings of anxiety are low safety needs have been fulfilled. Social needs can be met through satisfactory social interaction with others in which there is interaction. The goal in satisfying this need is to cause individuals to feel accepted and loved. In a business context there must be a focus on acceptance over love. Creating a friendly environment is a great start to satisfying this need. Company sponsored games, events, holiday parties, and other social activities are great examples of how to socialize a staff. Also, team meetings where the staff can voice their concerns or ideas can allow team members to better understand each other. Esteem needs can be satisfied after one feels she has been accepted into a group. These needs can be fulfilled through recognition. It must be stressed that individuals enjoy being praised for their accomplishments, but praise only works for a limited amount of time. Managers must look to promote individuals with a high need for esteem. A raise in position and pay communicates an achieved status, and reinforces her ability to achieve corporate goals. Esteem needs lead into self-actualization. This need lies on the top of the hierarchical pyramid. Similar to fulfilling esteem needs, self- actualization can be met by giving an employee more responsibility, greater challenges, or more stimulating opportunities. Self-actualization is characterized by an individual having met all previous needs, and is now using his or her full potential and capabilities. Maslow’s hierarchy is important for organizations to apply. Humans are motivated by particular needs according to their current life situations and future goals. Furthermore, individual needs are in accordance with cultural backgrounds such as race, religion, or country of origin. It must also be noted that individuals are not always striving to fulfill the same needs. The needs model must be applied on an individual basis. Managers who realize their needs are being fulfilled can be used as a resource for understanding their subordinates needs, and act accordingly. When an organization applies this model to a workforce there is an increase in job satisfaction and loyalty. Emotional Intelligence Emotional intelligence is the ability to control extreme changes in mood and emotions, and is a characteristic of an effective and competent leader. When a manager cannot control temporary emotions that are brought on by day to day interactions it can bring an entire organizations progress to a halt. Emotions are contagious and create a domino effect. Simply realizing when a certain emotion is present allows one to better handle temporary emotional fluctuations, while containing it as to not affect others. That being said, it is of utmost importance for a manager to possess a deep understanding of his or her own emotions (self-awareness), and how to deal with each. An individual who is self-aware is humble enough to accept constructive criticism and mature enough to address the areas of concern. The impact of hiring individuals with high emotional intelligence is high productivity and retention of high-quality employees. Golnaz Sadri, PhD, defines E.I. as the ability to accurately perceive emotions, access and generate emotions so as to assist thought, to understand emotions and emotional knowledge, and to regulate emotions so as to promote emotional and intellectual growth, (Sadri, 2012.) The ability to accurately perceive emotions allows one to recognize facial and bodily gestures, and interpret their meaning. A manager who has this ability can intercept other’s cues, or tells, that signal irritability. This skill is recognized as constructive when dealing with scenarios such as a team who can’t come to an agreement, a irate client or customer, or when negotiating. For the most part, emotional intelligence is a learned skill, and an indicator of useful experience. Conclusion Manipulating strong personality traits and striving to improve negative personality traits can have a huge impact on a manager’s career, and more broadly can impact a corporation in tremendous ways. Today manager’s has access to information to help them maximize team productivity using psychology. Using psychological strategies to hire the right employees and build teams is the competitive edge companies need in this tough economic climate. REFERENCES Camgoz, S., Karan, M., & Ergeneli, A. (2011). Part II Leadership, Social Capital, and Personality: Relationship Between The Big Five Personality and The Financial Performance of Fund Managers. 15, p139 Carpenter, M., Bauer, T., & Erdogan, B. (2009). Need-Based Theory of Motivation. In Principles Of Management (10th ed., p14.1) Hall, M. (2005). Shaping Organizational Culture: A Practitioner’s Perspective. 2(1), p1-16 Kendrick, D. T., & Funder , D. C. (1991). Situation versus Personality Debate. Retrieved from http://wilderdom.com/personality/L6-3SituationVsPersonality.html McCrae, R., & Costa, P. (1995). Domains and Facets: Hierarchal Personality Assessment Using The Revised NEO Personality Inventory. Journal of Personality Assessment, 64(1), p23 Pannapacker, W. (2012, April 15). Screening Out The Introverts. The Chronicle. Sadri, G. (2012). Emotional Intelligence and Leadership Development. 41(3), p536 Tandon, A., Mishra, S., & Singh, E. (2011). What Discriminates The Prospective Manager’s Attitude Towards Corporate Social Responsibility? 10(3), p54-60 Whitbourne , S. K. (2010, October 19). The Neuroticism Paradox | Psychology Today.Psychology Today: Health, Help, Happiness. Retrieved from http://www.psychologytoday.com/blog/fulfillment-any-age/201010/the-neuroticis m-paradox Witt, L.A., & Andrews, M.C. (2006). The Predisposition to Engage in Interpersonal Deviance at Work. pHR-F2

The Emperor Of The King - 848 Words

After Otto had received the imperial crown at Rome (2 February, 962) Liutprand was often entrusted with important commissions, in 963 when he was sent as ambassador to John XII at the beginning of the quarrel between the pope and the emperor, owing to the former s alliance with Bà ©renger s son Adelbert. Liutprand also took part in the assembly of bishops at Rome, 6 November, 963, which deposed John XII. Liutprand describes from his point of view these events of 960-64, and sides entirely with the emperor, condemning the Romans very harshly. After the death of the pope, Leo VIII, Liutprand again went to Rome with Bishop Otgar of Speyer, as the emperor s envoy, to conduct the election of a new pope, on which occasion John XIII was chosen. The Bishop of Cremona undertook another mission to Constantinople by order of the emperor in the summer of 968 to ask the Byzantine Emperor to bestow his daughter in marriage on Otto s son, later Otto II. In regards to the Capitulary of the Missi, i nhabitants of the district they administered had to provide for their subsistence, and at times they led the host to battle. The missi were protected by a triple wergeld and resistance to them was punishable by death. They were to execute justice, to ensure respect for the king, to control the government of the military dukes and administrative counts (then still royal officials), to receive their oath of allegiance, to let the king s will be known, at times by distributingShow MoreRelatedThe Last Emperor Of Germany And King Of Prussia1821 Words   |  8 PagesMeray Aslan 2/16/2017 The last emperor of Germany and king of Prussia still stirs up many different opinions is Kaiser II. He was a strong and effective leader through his discipline, self-assurance and nationalism, whose sole passion is to make their country the best it could be. 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