Immigration Is The United States For The Past Years Essay

llegal Immigration has been a problem in United States for the past few years. Each year around 500,000 immigrants come into America illegally. Many try sneaking across the border, others are smuggled into the U.S. via shipping containers, in vehicles (automobile trucks) crossing the border at non-authorized locations. While some get caught, others quickly spread throughout the U.S. as far as Maine and New Hampshire. Since the 1960s till these present-day illegals continue to pour into the country at rapid numbers. The Population in 2016, is estimated to be around 11.4 million. As of 2016, a count of 12 states allow undocumented immigrants to acquire a driver’s license. These 12 states include: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Utah, Vermont, and Washington. The populace of Illegals in those states are greater. With these Illegals obtaining a driver’s license which allows them to vote in some states such as California can help dictate the outcome of city, state, and federal election. Illegal Immigrants hurt the U.S. middle class the most and severally damage the economy. The annual cost of illegal immigration is $113 billion to our nation’s tax payers. The cost of providing services to illegals is slowly bankrupting local states governments. As illegals pay next to nothing in taxes, they don’t mind accepting tens of billions in dollars’ free benefits. Illegal Immigration The Benefits are: †¢ Schools, EducationShow MoreRelatedGuarding The Golden Door : American Immigration Policy And Immigrants948 Words   |  4 Pagesthe Golden Door: American Immigration Policy and Immigrants Since 1882 -By Roger Daniels Guarding the Golden Door by Roger Daniels provides an overall clarification of the immigration system in the United States throughout the past and in latest policies. Ever since 1882, America claimed that the settlement objective was to prevent it from occurring, although it permitted the complete opposite. Thus, the single factual policy that has been realistic to American immigration is that it is on a constantRead MoreImmigration And The United States1464 Words   |  6 Pages Immigration has always been a complex issue in the United States. Previous and current administrations have had great difficulties in setting policies and programs in place to address this problem. During the course of American history, laws were enacted to address such issues. There were numerous legislative milestones in regards to immigration in the United States. In order to understand the current issues regarding immigration, we have to look back at the policies that were in placeRead MoreMadie Majcher. Mrs.Shandera, Mr.Hill. English Pd.8 History1118 Words   |  5 Pagesliving, immigration is actually the cause of political disagreements, economic issues, social changes and diversity, and even thousands of deaths. An article called â€Å"U.S. Immigration Before 1965† stated that the first colossal rush of United States immigration began during the colonial era, the initial component of the 19th century, which are between the late 1800s and the early 1900s. Immigrati on was monitored by singular states before the official opening of the first United States immigration stationRead MoreImmigration And The United States965 Words   |  4 PagesImmigration is what shapes the picture of today’s present-day world. Traveling from country to country for trading and other necessities or personal reasons has been popular since historic times. Immigration means the one way movement of people to a specific country or place. People, or immigrants, move out of their native country for numerous reasons. The aspiration for a better life and future and improved employment opportunities are the key driving forces for immigrants to migrate. The UnitedRead MoreUnited States Immigrations Impact on the Economy Essay605 Words   |  3 PagesIn this paper I will talk about the factors that affect immigration in the United States as well as the way globalization has improved and affect our economy. This country was first establish by all the immigrates who came here in hopes of better futures but many have forgotten their roots and how they became a member of this nation. Globalization, which is defined by the Merriam-Webster dictionary as the development of an increasingly global and economy marked by the free trade. The two terms haveRead MoreCause/Effect of immigration reform971 Words   |  4 Pagesto mind when you think of immigration? What is the United States’ current Immigration Policy? Would you even think that it is considered to be one of the most debatable topics today? Nowadays, many people decide to immigrate to have a better life for themselves and their families. Immigration reform, as it has been called, had been tried during the past years by our very own Congress. Obviously, administrations efforts failed because, currently, illegal immigration is still a platform. Why wouldRead MoreLooking for a Fresh New Start Essay1339 Words   |  6 PagesIllegal immigration has been an ongoing issue in the political a rena for the past decade with immigration laws still being discussed. To immigrate means to come into a country of which one is not a native for permanent residence. The United States is a nation founded by people who emigrated on the principle of freedom. What would our forefathers think if there could see the issues facing their nation today? There are many issues surrounding immigration policy such as national security, border patrolRead MoreImmigration Reform Is Needed For Our Country880 Words   |  4 PagesImmigration reform is desperately needed for our country; otherwise unauthorized immigration will continue to be on the forefront of our country’s problems. Obtaining a visa for any reason has become an extremely difficult process, and many immigrants do not even qualify to apply. There are approximately 11.3 million undocumented immigrants in the United States. Prior to 1882, when the Chinese Exclusionary Act was passed, the United States had open borders. Immigrati on was further restricted withRead MoreImmigration Of The United States1618 Words   |  7 PagesThrough all of the events in history that happened to the United States, the issue lurking around for over 250 years and counting, which began ages ago, is immigration. In the U.S daily, there are approximately 70,000 foreigners that travel here from various countries from different parts of the world. Within the 70,000 travelers, over 60,000 of them are tourists, businessmen, and students. In the United States currently, with every 2,000 legal immigrants, there are 5,000 illegal immigrants. SinceRead MoreShould The Deportation Of All Immigrants Really? Make America Great Again?995 Words   |  4 Pagescontribute to the United States in some way or another. How so? For example, consider the fruits and vegetables being sold in local supermarkets and big market stores all over the United States. Who harvests those fruits and vegetables so that the people of the United States can joyfully consume them? All of these questions and more will be discussed in the upcoming academic essay in which throughout the last fifteen years the discourse among scholars on the topic of immigration has remained constant

Teen Prescription Drug Abuse Among Teens - 1462 Words

Teen Prescription Drug Abuse Doesn’t matter what age, drugs are going to be used and abuse. From the time we are born, till the day we die, prescription drugs are prescribed for doctor approved use. Most prescription drugs are given to help control a disease, an imbalance, sickness, etc. With teenage drug abuse on the rise in most US high schools, it has become a problem parents are facing amongst their children. Being a parent to a teenager who has meddled with prescription drugs has been an unbelievable eye opener. Teens know who they get these drugs from; fellow students, friends, their parents cabinets, etc. Educating parents and discussing the risks with teens about the effects prescription drugs can cause is important to helping†¦show more content†¦And they did, for problems with pregnancy, childbirth, menstrual cramps or emotional problems (History of Prescription Drugs). Drug addiction occurs when a chemical dependency to a drug is cumulated with an inundating urge to use the substance. It can also pertain to several individual, family, genetic, and social issues rather than by any one reason. Prescription drugs written by doctors for their patients are the only ones who are safe to take those prescriptions, that means that no one else is allowed to consume them. A drug that is safe for one person can be seriously hazardous and possibly fatal for anyone else. Most teens probably feel they are forced to try these drugs through peer pressure. The most immense reason teens start utilizing these drugs is because their friends were pressured through peer pressure. No one desires to be left out, and teens (and some adults, too) find themselves trying things they normally wouldn’t try, just to fit in with the crowd. In these cases, you either look for better friends that won’t pressure you to do irrational things, or find a reasonable way to say no. Teens should plan an exit strategy or plan ahead of time, to resist from giving into temptation. These teens become victims to peer pressure due to the fear of being insulted by making them feel deprived for not doing something, that they eventually do it. Pressuring them by telling them why they should do it and the fear of rejection byShow MoreRelatedTeen Abuse Prescription Drug Abuse1422 Words   |  6 Pagesleading drugs used and abused by teenagers in America. According to Elizabeth Larsen, â€Å"The Centers for Disease Control classifies prescription drug abu se as the worst drug epidemic in United States history† (Larsen p.4). This is the worst drug epidemic in history because of the percentage of teenage usage. Based on different studies, pills are the most commonly abused drug among twelve- and thirteen- year olds because of how easy they are to access. In fact, many teens that abuse prescription medicationRead MorePrescription Drug Abuse1483 Words   |  6 PagesThe audience I will be addressing is parents, caregivers and school educators about the dangers of prescription drugs and how we can better educate teenagers and young adults on the dangers of abusing them. There are many ways that we can teach and educate our teenagers and young adults, but it’s important that families, schools and communities are involved. The rate of prescription drug overdose among teenagers and young adults have sky rocketed over the past several years. This has become a growingRead MoreSubstance Abuse Among Teenagers : A Survey1201 Words à ‚  |  5 PagesSubstance Abuse Among Teenagers Hannah is a fifteen year old girl who was recently sent to a rehabilitation center for the result of abuse of prescription medication. 6.1 million high school students currently use addictive substances, and like Hannah, 1 in 3 of them are addicted (â€Å"National Study Reveals,†2011). Although the number of teens using these drugs are decreasing, the numbers are still dangerously high. Due to it’s high risk of addiction, dangerous consequences, and growing availabilityRead MoreDrug Abuse And Addiction Among Teenagers1704 Words   |  7 PagesStudies have shown that prescription drug abuse and addiction among teenagers is on a steady incline. According to the National Institute on Drug Abuse, â€Å"prescription drug abuse is the use of a medication without a prescription, in a way other than as prescribed, of for the experience or feelings elicited.† This is a pervasive problem that is in fact consuming the lives of many teens, primarily because prescription dr ugs are easily accessible in their environment. There are several interpersonalRead MorePrescription Drug Use And Drug Abuse1691 Words   |  7 PagesPrescription drug abuse is an ongoing problem in rural teens. The National Survey on Drug Use and Health suggests that 13% of teens between the ages of 12-17 have experimented with nonmedical prescription drugs at some point in their lives. Researchers have identified several factors linked with nonmedical prescription drug use such as their school enrollment status, history of depression, and a two parent household presence (Gever, 2010). Nonmedical prescription drug abuse has been the rise, inRead MoreEssay on Prescription Drug Abuse1318 Words   |  6 Pages Prescription drug abuse has become increasingly prevalent among teens in the county. There has been an increase in the abuse of prescription drugs for a number of reasons. Some individuals who misuse prescription drugs believe they are safer than other illicit drugs because they are prescribed by a healthcare professional and dispensed by a pharmacist. The Centers for Disease Control and Prevention has classified this prescription drug abuse as an epidemic. More and more teens are becoming addictedRead MoreEssay Perscription Drug Abuse among Teenagers1064 Words   |  5 PagesPrescription Drug Abuse among Teenagers ( 12-17 Years) Prescription Drugs are medications that are prescribed to patients by a doctor to help in many ways, such as relieve pain, treat symptoms of a disease, or to help fight an infection. They are very safe when used properly and under supervision of a physician, yet if used without approval of a doctor they can be very harmful and in some cases could lead to death. During your adolescence years, teens have curiosity which builds up andRead MorePrescription Drug Abuse : Drug And Free World1508 Words   |  7 Pagesaged 12 to 17 abuse a prescription pain reliever for the first time (â€Å"Prescription Drug Abuse Statistics – Overdoes Deaths – Drug-Free World,†n.d.) A 2007 survey in the United States found that 3.3% of 12 to 17 years olds and 6% of 17 to 25 year olds had abused prescription drugs in the past month (â€Å"Prescription Drug Abuse Statistics – Overdoes Deaths – Drug-Free World,†n.d.) Prescription drug abuse causes the la rgest percentage of deaths from drug overdoses (â€Å"Prescription Drug Abuse StatisticsRead MoreTrends In Popular Culture Essay789 Words   |  4 Pagesmy space on the internet to create friendships and more serious relationships, the newest political trend of a women name Sarah Palin with a very controversial pasts running for vice president, the personal trends of drug use among young people, and last the religious trend sexual abuse cases in the roman catholic church. Myspace.com was started in July, 2003 for the purpose of social networking. Friends who want to talk online, single people who want to meet other singles, families that want toRead MoreThe Purpose Of This Paper Seeks To Analyze The Effects1208 Words   |  5 Pagesthis paper seeks to analyze the effects of prescription drug abuse. In the first article identified the author seeks to identify the differences between peer and parent influence on the misuse of prescription drug as it relates to ethnicity. The second article to be investigation into prescription drug use misuse and drug problems as it pertains to motivational context. The third and final article seeks to education young adults on medical prescription drug use. A parent’s attitudes regarding substance

The Internship Movie Generational Gap Analysis free essay sample

Intern? The Internship: Generational Gap Analysis The Internship remarkably captures many different aspects of management throughout the entire process in which the two main characters Billy, played by Vince Vaughn, and Nick, played by Owen Wilson, are given an opportunity to participate in an internship with Google. Originally, Billy and Nick were known as great salesmen and made a living selling high-class watches together. Life seemed set in stone for the two salesmen, until they were hit with the unfortunate news that their companies were shutting down. Startled by this new knowledge, Billy and Nick were now jobless with little known information about what it takes to be hired in the modern world. Against all odds, and after a very intriguing interview, the two were given an internship with Google, along with many young and brilliant college students. The purpose of this highly regarded internship was for all interns to be placed into groups, and from there, the different groups would compete in various job-related challenges. We will write a custom essay sample on The Internship Movie: Generational Gap Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The final goal for the Google internship was that whichever team won would be given a career with Google, which would seem almost impossible for Billy and Nick to achieve with such a large age gap between them and the other interns, in addition, having close to no technological experience. Throughout the movie, we see various topics that coincide with management, mostly due to the large generation gap between Billy, Nick, and the rest of the interns. The generation gap led to a large amount of disagreement within the team that Billy and Nick were assigned to, with most disunity stemming from A-type conflict. A-type conflict can be defined as a disagreement that focuses on individuals or personal issues. These controversies almost split up Billy and Nick’s team, which would then cause them to lose the Google job opportunity. Fortunately, Billy and Nick pull through the generation gap. Their team effectively dealt with the A-type conflict, resulting in the team’s achievement of the Google job opportunity in the end of the movie. In this essay, we will first see the advantages and disadvantages of using teams for the Google internship. Next, we will look at examples of A-type conflict seen in Billy and Nick’s group and the way in which Billy and Nick effectively dealt with the conflict. Finally, we will discuss the effects generation gaps have in the work place, and in addition, there will be suggestions that many managers should keep in mind when facing generation gaps. Throughout the Google internship process, â€Å"Newglers† competed against each other by being placed into small groups chosen at the beginning of their internship. During the movie, advantages and disadvantages to working in teams can be seen depending on the given situation. Interns have the ability to be helped and encouraged by team members who want to better the team as a whole to achieve common goals. Working in a group also provides interns with new perspectives, ideas, and experiences that would not otherwise be provided to them while competing alone. Google, also, is a company that requires members to work in team. This means that while engaged in teams, interns will gain the experience that they would possibly use while working with Google. On the downside, teams can be disadvantaging to interns in situations containing social loafing members who withhold their efforts and fail to perform their share of the work. Member problems can also cause conflict within the group, which can disassemble team cohesiveness, and negatively affect productivity. When weighing the pros and cons of using teams for Google’s internship, deciding whether or not it is beneficial directly depends on the specific group that an intern is placed in. The team that Nick and Billy are placed into, named â€Å"Team Lyle,† is composed of a very unique and diverse set of characters, in which the only set of thinking they have in common is of their feeling against Nick and Billy participating in their group. The initial leader of the group, Lyle, was a 23 year-old intern whom had been already at Google before Nick and Billy had joined. The next member, Stewart, was an unenthusiastic, yet intelligent, college student whose constantly glued to his phone, and was initially perceived as arrogant by the other team members. Next, we have Neha, a playful and bubbly Middle Eastern college student who was initially lustful towards Billy and Nick, but had not found any interest in their ability as interns. Finally we have Yoyo, a brilliant, yet odd, Asian who throughout the movie struggles with the harsh expectations that his parents had set for him. As one could easily tell, a lot of diversity is brought to â€Å"Team Lyle†: a clear diversity can be seen between Billy and Nick’s age gap with the younger interns of the team and with the general characteristic differences between all group members as a whole. The team’s diversity provides many different examples of A-type conflict. Defined again, A-type conflict, or affective conflict, is a disagreement that focuses on individual or personal issues. A-type conflict in The Internship exceptionally captures the true difficulty that â€Å"Team Lyle† has in working together. A-type conflict can first be seen when Billy and Nick are put in â€Å"Team Lyle† and meet the other group members. The large age difference that Billy and Nick have with the rest of their teammates, plus their lack of technological skills, caused Lyle, Yoyo Santos, and Neha to make it very clear that they did not want to be working with them. For example, during the groups first meeting, a childish argument between Nick and Stewart broke out about the advantages and disadvantages of children being fed breast milk through the natural process or through a bottle. After searching the Internet to find the â€Å"correct† way, Stewart proclaims, â€Å"Two fifths of our group is old people who don’t know shit. In this instance, Stewart could not make his lack of approval for Nick and Billy’s age and lack of technological knowledge any more apparent and it is evident that his disagreement with Nick is personal. The next example in which A-type conflict occurred was in the course of the challenges when â€Å"Team Lyle† competed for the Google internship. Midst the first challenge, the group was given an extremely large file of computer coding. In the coding, there was a bug, and the first team to solve the complex task of finding and eliminating the bug, won. When â€Å"Team Lyle†Ã‚  received their task, all the members of the group ran to the nearest white board and begin to frantically write coding equations down on the board. Both Billy and Nick knew nothing about computer coding, so the two started rambling on and on to the rest of the team about irrelevant information for the challenge. The rest of â€Å"Team Lyle† immediately became very aggravated with Bill y and Nick. They finally snapped at the two by informing them to stay out of their group challenges because they will only bring the rest of the group down. â€Å"Team Lyle† then sent Billy and Nick out on a pointless trip, just to give a reason for the two to leave. This request for Billy and Nick to stay out of the group was understandable. A vast generation gap and an absence of technological familiarity can produce tension between who knows what and who contributes a greater amount to the groups success. This was a terrific example of A-type conflict, due to the major disagreements between Billy, Nick, and the rest of the group, in which they had all focused on the individual issues Billy and Nick presented. Although Billy and Nick create a large amount of A-type conflict, throughout the movie the two learn how to also effectively deal with their shortcomings. A great example of A-type conflict and how it was successfully dealt with was during the second challenge that â€Å"Team Lyle† competed in. It was a game of quidditch against another team. As one might know, quidditch is a game that branches from the Harry Potter series, and can be looked at as a combination of basketball and soccer. The game requires a great deal of teamwork, and during the beginning of the match, â€Å"Team Lyle† created A-type conflict rather than strategies for assisting one another. All five members of â€Å"Team Lyle† seemed to be more against each other than against the team they were playing, this originated from their personal dislike for each other and their lack of trust and faith in their teammate’s abilities. At one point, Stewart decided to stand in the middle of the field to look at his phone when he was suddenly hit in the face by a ball thrown by Neha who yelled, â€Å"Why don’t you stop looking stuff up and give a shit! † As one could imagine, the conflict with â€Å"Team Lyle† strongly affected their gameplay and the team was losing 60-0 at half time. Something had to be done to bring the group together in order for â€Å"Team Lyle† to have a fighting chance at winning, which led Billy and Nick to find a new motivation for the group. At halftime, Billy and Nick had the rest of â€Å"Team Lyle† come around them, in attempt to bring a source of intrinsic motivation to each group member. At first, most of the team did not pay much attention to the speech, as their perception of the two characters as aged, uneducated men had not changed. It seemed as if the speech was failing, until Billy began to find congruent goals and values between all group members in hopes to create member commitment within â€Å"Team Lyle. Billy began to talk about how the group may be extremely diverse, but every member was there for the same purpose of winning the internship challenges and receiving a job offer from Google. As each member began to realize the similarities they shared, members of â€Å"Team Lyle† began to compromise on their differences to receive team cohesiveness in return. As the second half of the quidditch match began, Billy’s method of bringing the team together was immediately noticed as all of the team members began to act contrary to the way they had in the first half. Team Lyle† began to express the teamwork needed to be successful, as all members began to pass to each other, encourage each other, and increase their work ethic for the well being of the team. With a new team that emphasized the superordinate goal of winning and creating team cohesiveness, â€Å"Team Lyle† began to excel with their competitors and tied 70-70. Unfortunately, the opposing team ended up achieving victory in the final moments of the match, but all members of â€Å"Team Lyle† witnessed the positive affects of solving A-type conflicts through compromising and finding common goals. The common goal and compromising method used by â€Å"Team Lyle† to solve A-type conflict during the quidditch match did not only prove to be successful in The Internship, as it has been proven through research and data collection, as being an effective way to resolve conflict. A study completed in China focused on conflict management for individual problem solving and team innovation proves why â€Å"Team Lyle† most likely found success in their conflict solving methods. The study asked 200 employees in 100 work teams to  measure their team’s cooperative, competitive, and avoiding approach to managing conflict,† and 100 managers to participate by â€Å"indicating the team’s success. † The study found that teams who emphasis conflict solving on â€Å"mutual goals, understanding everyones views, orientation toward joint benefit, and incorporating several positions to find a solution good for all† were found to be more innovative by the managers. According to the study, â€Å"conflict has traditionally been considered disruptive, researchers have argued that conflict has considerable potential to contribute to team and organizational effectiveness. This study in China directly correlates with â€Å"Team Lyle† as both the study and â€Å"Team Lyle† demonstrates that solving conflict through mutual goals and compromising can lead to further team success. Near the end of the film, â€Å"Team Lyle† almost loses Billy, the member that provided the strongest influence in their transformation to becoming a successful and motivated team. During Google internship challenge named the â€Å"Helpline Challenge,† in which teams competed by taking customer service calls, Billy disqualifies â€Å"Team Lyle† by forgetting to log-in to his account that would have recorded his conversations with customers. Billy’s group members were disappointed, but as any supportive group would, they did not hold it against Billy. Unfortunately, Billy had an overwhelming feeling that he had let â€Å"Team Lyle† down, and he decides it would be best if he left the group instead of fulfilling his own perception that he would only continue to bring the team down. The move by Billy to leave â€Å"Team Lyle† would directly contradict Robert B. Cialdini’s possible prediction, stated in â€Å"Harnessing the Science of Persuasion† of how humans would react in Billy’s situation. In â€Å"Harnessing the Science of Persuasion,† Cialdini states six principles that can be used to persuade people. Robert B. Cialdini’s fourth principle, consistency, which states that people have a deep desire to be consistent, and once committed to something, people are more likely to go through with it. Cialdini states, â€Å"My own research has demonstrated that most people, once they take a stand or go on record in favor of a position, prefer to stick with it. Other studies reinforce that finding and go on to show how even a small, seemingly trivial commitment can have a powerful effect on future actions. † Billy made it clear that he was committed to â€Å"Team Lyle,† one would think that he would still stay with the team to fulfill his commitment, but this was not the case. To support his own theory, Cialdini might suggest that Billy left because, although he originally made the commitment to â€Å"Team Lyle,† this commitment was a commitment to better â€Å"Team Lyle.

Occupational Health Safety and Human Resources Law

Introduction Professional development and management have constantly been among the hotly contested matters by organisations across the globe for decades now, and since all are equally paramount to the success of businesses, there has been considerable concern on the same.Advertising We will write a custom assessment sample on Occupational Health: Safety and Human Resources Law specifically for you for only $16.05 $11/page Learn More For any organisation to rank among top achievers of corporate growth and champions of corporate social responsibility, issues concerning employee welfare have been key contributors to the achievement. Cases of spates of suicides, injuries, or even accidental fatalities due to poor organisational management and lack of concern on employee welfare have been on recurrent discussions, consequently leading to the development of workforce-related directives and policies by labour officials globally. Occupational Health and Safety Laws and Human Resources Laws have been major contributors of hope in the workforce affairs. Central to developing understanding on such policies, this study provides an analysis of case summaries concerning Occupational Health and Safety Law and Human Resources Law. Koehler v Cerebos (Australia) Ltd [2005] HCA 15 Decision from the highest court The approach adopted by the Full Court in this appeal was in accordance with the principle stated in Fox v Percy [30]. In doing so, their Honours made no errors. The appeal should be dismissed with costs.1 One of the profound and renowned Australian cases and that seems crucial to Occupational Health and Safety Law is the controversial case of Koehler v Cerebos (Australia) Ltd [2005] HCA 15. This case involved the issue of work stress and negligently inflicted psychiatric illnesses. An employee served as a permanent sales representative until she was retrenched. Upon retrenchment, she agreed with her employer to re-employ her on a part time work basis of three working days per week. During the part-time employment, she noticed sudden workload and thus complained to the management and she suggested the reduction of her work coverage within the operational stores, but they ignored.2Advertising Looking for assessment on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Consequently, the employee developed psychiatric illness due to workload. She filed a case against the employee for breaking common law duty of providing safe working environment. However, joint high court decision concluded that it was beyond employer’s ability to foresee psychiatric injury in the employee and only a psychiatrist could, and thus the employee’s claim over her employer’s negligence failed.3 Similar/related cases Some of the vital cases that involved similar psychiatric injuries and illnesses and their foreseeable circumstances include [2005] HCA 15 (Unreported, McHugh, Gu mmow, Hayne, Callinan, and Heydon JJ, 6 April 2005), and most recently, the case of Finlay v State of Western Australia [2012] WADC 132. Beginning with HCA 15 (Unreported, McHugh, Gummow, Hayne, Callinan and Heydon JJ, 6 April 2005) a great similarity is evident to the case of Koehler v Cerebos. Following the case of McHugh and friends, foreseeable psychiatric-related health conditions in individuals’ inner feeling and more unfortunately using simple assumptions seem complicated than how people consider it. In a joint judgment of intellectual judges, the jury concluded that an employer recruiting an employee to perform certain duties must presuppose the absence of evident signs indicating the possibility of an underlying psychiatric injury, with the intention of employee considering his/her ability to accomplish the stated tasks.4 The case of Finlay v State of Western Australia is one among the cases that elicited controversies within the District Court of Western Australia. 5 Judges in this case employed the decision employed by the High Court in the case of Koehler v Cerebos. Several issues emerged from the court’s decisions made prior to the circumstances of the case of Finlay v State of Western Australia.6 According to the courts final summary, an employer may not possess the liability of any psychiatric injury of an employee concerning the performance of a given task originally specified within the job contract.Advertising We will write a custom assessment sample on Occupational Health: Safety and Human Resources Law specifically for you for only $16.05 $11/page Learn More Secondly, â€Å"there must be a presumption that an employer engaging any employee to perform stipulated duties has the obligation to assume the absence of evident signs of likelihood of psychiatric injury†.7 Thirdly, judges deem unnecessary for employers to foresee psychiatric injuries.8 As stipulated in the law of law of tort, â€Å" employers should ensure that their relationship with employees leads not to psychological distress in workers and employers must not breach their duty of care unless on an occurrence of a situation that requires reasonable intervention.†9 Journal, newspaper discussing Koehler v Cerebos The case of Koehler v Cerebos was extroverted and it led to several literal discussions that affected several governmental and no-governmental organisations.10 In the journal of modern Australian law of mental harm, outlined major points that concerned the case of Koehler v Cerebos. Providing important facets of the case, Mendelson, discussed important matters concerning the employer’s negligence and circumstances leading to reasonable ‘Foreseeability’ in the case of ‘psychiatric injuries’ in the workplace.11 Mendelson further discussed the elements of ‘liability of psychiatric injuries’ as well as issues of duty of care and ‘breaching of contr actual agreements’ between employers and employees. More importantly, this journal provided impressive coverage of information about contextual cases that have remained imperative within courts before and after the case of Koehler v Cerebos. Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Decision from the highest court â€Å"The appeal should be allowed. The orders of the Court of Appeal of the Supreme Court of Queensland should be set aside. In lieu thereof this Court should order that the appeal to the Court of Appeal be dismissed save for the deletion from the orders of Derrington J, dated 1 June 1994, of the words â€Å"with costs, including reserved costs, if any, to be taxed† in respect of the order dismissing the plaintiff’s action against the third defendant. The appellant should pay the respondent’s costs of the appeal to this Court.†12Advertising Looking for assessment on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Another significant case that may reflect the policies governing Occupational Health and Safety Law is the case of Northern Sandblasting Pty Ltd v Nicole Anne Harris of 1997. The case entails the landlord, tenant, and an electrical contractor. The landlord bought a house electric property, which the local electricity supplier and the electric board examined the installation position in July 1984. It developed mechanical problems in November 1986 and Mr. Briggs, who was the landlord’s customary electrical contractor, repaired a stove and a refrigerator in the building, which Mr. and Mrs. Harris occupied as tenants in 12 December 1986. After first dismissal of the charges in the appellants favour, the respondent appealed in the Court of Appeal. The judges in the court of appeal remained in mixed opinions based on common law and statute. Fitzgerald P. ruled in favour of the respondent through ‘special’ duty that the landlord breached the duty of care and that he/she was required to a safe environment for the tenants. McPherson JA dismissed this claim and argued on two bases: non-delegable duty and landlord’s house inspectional duty.13 Similar/related cases Similar cases relating to negligence of duty and liabilities that have been a challenge to courts given the mysteriousness of situations are the cases of Leichhardt Municipal Council v Montgomery [2007] HCA 6; (2007) 233 ALR 200 and the case of Gration v C Gillan Investments Pty Ltd [2005] QCA 184. The case of Leichhardt Municipal Council v Montgomery has a great correlation with the case of Northern Sandblasting Pty Ltd v Harris in the sense that they both involve the aspects of duty of care and negligence. The appeal was unsuccessful as the judge ruled that public road construction is risky only under certain negligence, though the road authority is not liable for negligence acts of the contractor.14 The case of Gration v C Gillan Investments Pty Ltd of 2005 is another significant c ase that involves negligence and duty of care. Judith Gration was the plaintiff/respondent and a tenant in support of her husband in this case trying to litigate Gillan Investments Pty Ltd, the defendant. On 6th August 2000, one of the treads of the front stairs slithered and made her fall thus causing bodily injury. She filed a case at the district court to claim the damages over breaching of appellant’s duty of care as documented in Residential Tenancies Act 1994. This act’s contractual and statutory provisions stated that the landlord should ensure that the premises are clean and as the tenant continues to live, the landlord must provide continual maintenance of the premises. The judge ruled in respondent’s favour by claiming that the landlord was responsible for conducting regular visual inspection maintaining standard repairs and thus liable for the tenant’s injuries.15 Newsletter related to the case initial case The case of Northern Sandblasting Pty Ltd v Harris had attracted several legal firms that ended up articulating the judge’s decisions and conclusions in subsequent coverage. The United Kingdom’s residential tribunal bulletin of May 2001 articulated the issues of negligence and duty of care at length. Residential tribunal bulletin summarises the cases related to negligence of a certain kind resulting from lesser or landlord’s negligence in the context of ensuring a safe environment for tenants and liabilities of injuries incurred in such cases.16 In this newsletter, relevant referral cases like Jones v Bartlett [2000] HCA 56, McAuliffe v HabgoodRT 99/14051, OSP 52146 MisrachiSB/99/357, featured with significant information on the hearings, proceeding and decisions made by different judges. More importantly, it is important for contenders to understand that â€Å"joint and several liabilities of tenants withstand assignment of a tenant’s interest.†17 Czatyrko v Edith Cowan University ( 2005) 79 ALJR 839 Decision from the highest court â€Å"The appeal should be allowed with costs. The orders of the Full Court of the Supreme Court of Western Australia made on 9 December 2002 should be set aside and in their place it should be ordered that the appeal is dismissed with costs.†18 Czatyrko v Edith Cowan University (2005) 79 ALJR 839 is another significant case that highlights the understanding of negligence and duty of care involving employer and employee and concerning occupational health and safety in Australian courts. Edith acquired an injury at work. On believing the platform was raised, Edith stepped backwards only to notice that her presumptions were wrong and thus she fell down and acquired an injury. Brett George Jerzy Czatyrko was the appellant in this case while Edith Cowan University as the respondent where Czatyrko went to the court to take legal action against Edith’s negligence of duty of care.19 Within the premises, there were no beepers or oral warnings to notify workers. Occupier’s liability act (WA) and Occupational Safety and Health Act 1984 (WA) were in place during this moment. The respondent fruitfully appealed to the Supreme Court. Three Supreme Court judges argued that the appellant (employer) failed to provide safe system of work, and thus under common law claim, they noted that the appellant failed to provide a warning device. They concluded that since ‘risk’ is a common issue in workplace, absence of warning breached employer’s duty of care and thus the appellant was liable for the injuries.20 Comparable cases Among the comparable cases reflecting duty of care and disregard, AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183 and Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 can fit this profile. The facts about the case AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183 seem unambiguous. The case of (30 May 2005), simply involves an employer (appellant) a nd an employee (claimant) with negligence of duty of care being the matter just like the case of Czatyrko v Edith Cowan University (2005) 79 ALJR 839. Patricia Stonehill (respondent), sustained injuries at the workplace and went to sue AFS Catering Pty Ltd (appellant) for negligence of common law duty of care. In the high court of appeal, judges considered the decision of the district court to set aside the damage.21 Another significant court case that forms a replica of the conditions that accustomed the case of Czatyrko v Edith Cowan University (2005) 79 ALJR 839 is the case of Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99. This case unfolded in 27 May 2008, when the appellant, Clint Pollard, proceeded to the court to sue Baulderstone Hornibrook Engineering Pty Ltd and Bilfinger Berger AG for alleged contributory negligence of duty of care. The plaintiff acquired injuries at the workplace after slipping on a wash bay of wet metal truck. It was then a quand ary whether it was due to employee’s lack of reasonable care of own safety or employer’s non-delegated duty of care for employees. Using common law, the judges concluded that the employee was guilty of contributory negligence in the circumstances that he exposed himself to a risk of injury that was reasonably foreseeable.22 Article about the initial case Central to determining challenges affecting New South Wales Court of Appeal, the president of the court, Justice James Allsop sought to examine the recurrence of court related issues in this court, where much of the issues emerged. The concern over the judgements concluding this case protracted from this angle when the president of the New South Wales Court of Appeal, Justice James classified the case of Czatyrko v Edith Cowan University under the contributory negligence section.23 However, the president noticed that judges had the obligation to make the correct judgement, though cases might have protracted from contra dicting circumstance that make judgement complicated. Using a general statement, President James highlights that, â€Å"contributory negligence requires more than mere inadvertence, inattention, or misjudgement†. From such statements, it is clear that cases within the negligence and duty of care and liabilities might lead to unfair judgement and a continual misjudgement if the initial cases act as referrals.24 Mayer v A.N.S.T.O. [2003] FMCA 209 Decision from the highest court The Court declares that the respondent unlawfully discriminated against the applicant contrary to ss.7(1), 5(2), 14(2)(a) and 14 (2)(c) of the Sex Discrimination Act 1984 (Cth), by refusing to extend the applicant’s contract of employment for a period of more than one year, and by imposing a condition that the applicant work full-time following a period of maternity leave that the applicant could not accept, thereby leading to the constructive dismissal of the applicant.†25 The case of Mayer v Australian Nuclear Science and Technology Organisation [2003] FMCA 209 is another controversial human resource law related case. The case involves Mayer (an employee), who commenced to sue the employer, Australian Nuclear Science and Technology Organisation (ANSTO) (Mayer v A.N.S.T.O., 2003). It entails gender discrimination in the workplace with the themes of family responsibilities, sex, and pregnancy. Mayer, a business development manager, requested 12-months maternity leave from her employer. Her three-year contract was to expire during the maternity period, but it was extended for one year.26 The claimant insisted that the employer discriminated her based on her pregnancy in contract extension as others enjoyed extensions of more than two years. The defendant breached several sections of Sex Discrimination Act 1984 (Cth) (â€Å"the SDA†) that was actively working by then. The jury concluded that the appellant unlawfully discriminated the employee and the former was ch arged.27 Analogous cases to this case Several gender prejudice cases have existed and proven harmful to the human resources law and policies. The case of Fenton v Hair Beauty Gallery Pty Ltd Anor [2006] FMCA 3 and Cross v Hughes Anor [2006] FMCA 976 are complete replica of the initial case. Just like the case of Mayer v A.N.S.T.O., the case of Fenton v Hair Beauty Gallery Pty Ltd Anor carries important human resource laws and policies related facts as well as articulating important human rights, discrimination, and other related factors. It carries the facts about pregnancy and disability discrimination. The story of this case involves an applicant, who falls sick while pregnant and is consequently sent home on her attendance to the workplace and later dismissed from work. The dilemma remains whether the dismissal resulted from pregnancy or disability. The defendants are found guilty and charged with discrimination offences and made to pay the case damages and case interests un til judgement. The case of Cross v Hughes Anor is another replica of mistreatments resulting from discrimination and prejudice based on sexual discrimination at the workplace that violates human resource related laws. Melanie Cross, the case applicant, files a sexual harassment case against Justin Owen Hughes, Hokonui Enterprises Pty Ltd T/A, and Oakbank Insurance Services. Melanie seeks a concession over the three respondents to pay her compensation for economic loss. The court finds the three respondents guilty of sexual felonies against Melanie and the judges conclude significant charges over the respondents. They note that the first respondent, Justin Owen Hughes, is answerable for unlawful sexual harassment contrary to sections stipulated within the actively working Sex Discrimination Act 1984. Article discussing the initial case The legal analysis undertaken by Arnold Bloch Leibler has highlighted many facts pertaining to issues of gender biasness and disability related preju dice in an evaluation of employment industrial relations. Important aspects related to court judgements in relation to the case of Mayer v Australian Nuclear Science and Technology Organisation feature in this article. Leibler asserts, â€Å"A recent decision from the Federal Magistrates Court is a reminder to employers that requests to work part-time, based on family or carer responsibilities, warrant serious consideration.†28 This simple statement can reflect all the necessary facts that both employees and employers can better understand the issues concerning law and court processes. Leibler presents manifold discussions covering gender discrimination in comprehensiveness and connects these circumstances with certain contemporary cases that have emerged after the initial case. He tactfully connects his arguments and uses this case as a referral to the issue of Inappropriate IT usage in certain companies. Schiliro v Peppercorn Child Care Centre’s Pty Ltd [2000] QCA 1 8 Decision from the highest court â€Å"These proceedings relate to an incident which preceded application of the Work Cover Queensland Act 1996. Therefore, no consideration has been given in this case to arguable inconsistency between certain provisions in that Act, (especially s 312, s 313, and s 314) and the provisions of the Workplace Health and Safety Act that have been here considered. Questions concerning the effect of these Acts in combination must await another day. [74] On the findings of the primary judge, the claim of negligence is not established and it fails. It is therefore unnecessary to consider quantum. [75] The appeal must be dismissed with cost.†29 Schiliro v Peppercorn Child Care Centre’s Pty Ltd QCA 18 of (2000) is among the recently debated cases in the Supreme Court of Queensland concerning occupational heath and human resource related laws and policies. The case involves a childcare assistant who sustains injuries at work while transferring sa nd to sandpit. The case originated from District Court at Brisbane where an appellant, Schiliro Lisa, brought a claim against her employer Peppercorn Child Care Centres Pty Ltd., to the court after the aforementioned happenings. The predicament here is whether the court made a mistake by failing to justify if the employer was liable to breaching of laws governing constitutional duty or was unable to identify the risk associated with manual handling. After proper filing of an appeal in the Supreme Court of Queensland, the judges managed to make informed decisions based on the prevailing laws and acts. However, the appellant’s case remained unsuccessful depending on the prevailing acts as stipulated below. On the judgement, the Supreme Court, which ruled based on the Workplace Health and Safety Act 1995, noted that the respondent did not breach any law of statutory duty under section 28(1) of this act.30 Interrelated cases In relation to industrial law, safety, healthy, and wor k welfare, the breach of the case of Parry v. Woolworths Limited [2009] QCA 26 and the case of Griffiths v State of Queensland [2011] QCA 57 can best suit this profile. The case of Parry v. Woolworths Limited is among the contemporary cases within the Supreme Court of Queensland’s court of appeal. Akin to the case of Schiliro v Peppercorn Child Care Centre’s Pty, the case carries the concept of statutory powers and duties that involved breaching of statutory duty in the context of industrial laws and safety. Mervyn John Parry, an employee, proceeds to the Supreme Court to file a case against Woolworths Limited, the employer, after sustaining a lower back injury at the workplace. Foreseeability of the risk remained questionable though the appellant managed to win the case against the defendant who finally took the liabilities.31 The same issue prevails in the 2011 case of Griffiths v State of Queensland when an appellant, who is a nurse employee, went to court to sue Na mbour General Hospital. The appellant, Tracey Leanne Griffiths, proceeds to the court to take a legal action against her employer after acquiring a back injury while lifting medical equipment from a steel trolley. The quandary here remains whether the appellant failed to commence the proceedings against the employer for breaching statutory duty and actions of negligence, or whether the employer managed to discharge its operations in respect to the section Workplace Health and Safety Act 1995 (Qld). In addition, it remained controversial whether the employer exercised its obligations in sensible precaution and proper diligence or even if the judges made mistakes in finding the employer legally irresponsible for the liabilities in the case.32 Article discussing the initial case A comprehensive coverage featured in the Annual Report of the President of the Industrial Court of Queensland, where a broad discussion of industrial laws, policies, and related matters prevailed. 33 Apart from providing a succinct summary of the entire case of Schiliro v Peppercorn Child Care Centre’s Pty Ltd, the document examined and provided a broad discussion and summaries of cases relating to the Schiliro. Reference List AFS Catering Pty Ltd v Stonehill (2005) NSWCA 183 Allsop, J. Recurring issues in the New South Wales court of appeal (2012) http://www.supremecourt.lawlink.nsw.gov.au/agdbasev7wr/_assets/supremecourt/m670001l13/recurring_issues_31102012.pdf Cross v Hughes Anor (2006) FMCA 976. Czatyrko v Edith Cowan University (2005) 79 ALJR 839 Fenton v Hair Beauty Gallery Pty Ltd Anor (2006) FMCA 3 Finlay v State of Western Australia (2012) WADC 132 Gration v C Gillan Investments P/L (2005) QCA 184 Griffiths v State of Queensland (2011) QCA 57 Industrial Court of Queensland, Annual Report of the President of the Industrial Court of Queensland (2009) http://www.qirc.qld.gov.au/resources/pdf/aboutus/a_report/2009/a_report_2009.pdf Koehler v Cerebos (Australia) Ltd (2005) 1 5 Leibler, A.B. Employment industrial relations (2003) http://www.abl.com.au/ablattach/eirnwsltr030917.pdf Leichhardt Municipal Council v Montgomery (2007) HCA 6 Mayer v A.N.S.T.O. (2003) FMCA 209 Mendelson, D, ‘Modern Australian law of mental harm: parochialism triumphant’ (2005) 13 Journal of law and medicine 164-172. Northern Sandblasting Pty Ltd v Harris (1997) 39 Parry v. Woolworths Limited (2009) QCA 26 Pollard v Baulderstone Hornibrook Engineering Pty Ltd (2008) NSWCA 99 Residential Tribunal Bulletin, A fair hearing according to law (2001) http://www.cttt.nsw.gov.au/pdfs/Resources/Publications/Publication_archive/rtbull2.pdf Schiliro v Peppercorn Child Care Centre’s Pty Ltd (2009) QCA 18 Unreported, McHugh, Gummow, Hayne, Callinan and Heydon (2005) 15 Footnotes 1Koehler v Cerebos (Australia) Ltd (2005) 15 2 Ibid. 15 3 Ibid. 4McHugh, Gummow, Hayne, Callinan and Heydon (2005) JJ, 6 April 2005 5 Finlay v State of Western Australia (2012) WADC 132 6 Ibid 7 Me ndelson, D, ‘Modern Australian law of mental harm: parochialism triumphant’ (2005) 13 Journal of law and medicine 164-172 8 Finlay v State of Western Australia (2012) WADC 132 9 Mendelson, 117 10Ibid. 164 11Ibid. 172 12 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 13Ibid 14 Leichhardt Municipal Council v Montgomery (2007) HCA 6 15 Gration v C Gillan Investments P/L (2005) QCA 184 16Residential Tribunal Bulletin, A fair hearing according to law (2001) http://www.cttt.nsw.gov.au/pdfs/Resources/Publications/Publication_archive/rtbull2.pdf 17 Ibid 18 Czatyrko v Edith Cowan University (2005) 79 ALJR 839 19 Ibid 20 Ibid 21 AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183 22 Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 23 Allsop, J. Recurring issues in the New South Wales court of appeal (2012) http://www.supremecourt.lawlink.nsw.gov.au/agdbasev7wr/_assets/supremecourt/m670001l13/recurring_issues_31102012.pdf 24Ibid 25 Mayer v A.N.S.T.O. [2003] FMCA 209 26 Ibid 27Ibid 28Leibler, A.B. Employment industrial relations (2003) http://www.abl.com.au/ablattach/eirnwsltr030917.pdf 29Schiliro v Peppercorn Child Care Centre’s Pty Ltd [2000] QCA 18 30 Schiliro v Peppercorn Child Care Centre’s Pty Ltd [2000] QCA 18 31 Parry v. Woolworths Limited [2009] QCA 26 32 Griffiths v State of Queensland [2011] QCA 57 33 Industrial Court of Queensland, Annual Report of the President of the Industrial Court of Queensland (2009) http://www.qirc.qld.gov.au/resources/pdf/aboutus/a_report/2009/a_report_2009.pdf This assessment on Occupational Health: Safety and Human Resources Law was written and submitted by user Keira Reid to help you with your own studies. 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