Breach of Employment Contract Essay

The case involves a claim that Baril, the appellant, was dismissed by Aiken Regional Medical Centers, the Hospital where she previously worked, and such dismissal constitutes a breach of the employment contract between Baril and the Hospital. The contract the parties were referring to was the â€Å"Associate Handbook† she received from the Hospital, which contained the personnel polices of the Hospital that governed her employment. Baril was terminated for making a call through the Hospital’s toll-free number, as a result of which he was deemed to have committed a violation of the Hospital’s rules and policies, which merited her immediate termination. Baril argues that the Hospital itself breached the employment contract by unjustly terminating her employment. The Court of Appeals of South Carolina began its discussion by stating that the general rule on employment contracts is that contracts of employment are â€Å"at-will† contracts. This means that the contract is terminable at the pleasure of either party, at any time, regardless of the existence or non-existence of a justifiable ground for the termination. However, the existence of an employee handbook is recognized as an exemption to the general rule. Such a handbook may create an employment contract, depending on the terms stated therein. Where the handbook contains ambiguous clauses such as disclaimers, the issue of whether it could constitute an employment contract has to be determined by a jury, and not by summary judgment. The court noted that while the handbook explicitly states that it does not change the nature of the employment contract as an at-will contract, it does provide strict procedures to be followed in disciplinary cases such as the one where Baril is concerned. Thus, the Hospital’s procedures and practices give rise to more than one reasonable inference concerning the creation of an employment contract. Concomitantly, we find the trial court erred in granting summary judgment on the issue of whether Hospital’s policies found in its employee handbook, amendments, and actual practices created an employment contract between Baril and Hospital. The court also determined that the employment contract established by the Hospital’s practices and procedures requires that there be an existing just cause for termination. The criterion for determining justness in the termination of Baril’s employment rests on the existence of a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Weighing the arguments of both Baril and the Hospital, the court concluded that reasonable minds could differ as to the whether there was good or bad faith in the Hospital’s termination of Baril’s employment. Therefore, the case could not have been settled using the rules on summary judgment. Attached: Case: http://www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Opinion No. 3561 Heard October 8, 2002 – Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J. Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. : Marolyn L. Baril appeals the Circuit Court’s order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Baril’s action for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril joined Hospital’s nursing staff in 1986. She earned a master’s degree in nursing administration from the University of South Carolina in 1990. The following year, Baril was named director of Hospital’s emergency department. Baril resigned from that position for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospital’s emergency department. John Arnold [1] and Martinez de Andino indirectly supervised Baril. In early 1993, Baril began teaching nursing classes on a part-time basis at the University of South Carolina’s Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an â€Å"Associate Handbook† from Hospital in May of 1997. She signed an acknowledgment form provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook â€Å"constitute[d] the personnel policies of [Hospital] and that [she was] governed by them. † The handbook and acknowledgment form contained disclaimer language: Please Read! Important Employment Information The information contained in this booklet is designed to serve only as a reference to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers reserves the right to amend this guide as necessary at any time, with or without prior notice. Current hospital policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility may terminate this employment relationship at any time with or without reason or prior notice. No associate of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the â€Å"employment at will† relationship. (Emphasis added). Additionally, the handbook’s â€Å"Recruiting and Hiring† section included similar language: In no event shall a hiring of an associate be considered as creating a contractual [re]lationship between the associate and the Facility; and, unless otherwise provided in writing, such relationship shall be defined as â€Å"employment at will,† where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that â€Å"the information in [the] handbook is subject to change/revision† and â€Å"any change will be communicated through the usual channels. † The handbook incorporated a detailed, progressive disciplinary procedure. Two categories of offenses were specifically identified. The categories were bifurcated: (1) actions meriting immediate termination; and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino disciplined Baril for allegedly slamming a door in Arnold’s face and disagreeing with Hospital’s management regarding a management issue. [2] Baril was first suspended and later given a â€Å"final† written warning. Yet, the handbook’s procedure mandated use of a â€Å"final† written warning only after two previous warnings. Baril had not previously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospital’s chief executive officer, Richard H. Satcher, investigated Baril’s complaint and found sufficient cause to purge the disciplinary action from Baril’s employment file. As a condition to purging her employment file, Satcher required Baril and Martinez de Andino to meet with Hospital’s director of human resources, Richard Lowe, and director of nursing, Mary Ann Angle. The purpose of the meeting was to â€Å"clarify understandings and expectations† regarding Baril and Martinez de Andino’s working relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril expressed concern that Martinez de Andino had targeted Baril for termination which Martinez de Andino intended to accomplish using the disciplinary procedure. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Lowe delivered a copy of the new policy to Baril. Regarding its purpose, the policy stated: To set standard operating procedures in order to ensure that all associates are fully aware of the conduct expected of them. This policy will also ensure fair and consistent treatment to associates if violations of these standards of conduct occur. This policy is based on the concept of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules; if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. [Hospital] reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added). The new policy provided: â€Å"Discipline is an instrument for changing unacceptable performance or behavior, and for providing motivation and encouragement for disciplined associates. † The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least (minor offenses). The category of â€Å"critical offenses† included actions that constituted â€Å"serious violations of rules or associate misconduct which justify immediate termination without regard to the associate’s length of service or prior conduct. † The new policy contained various examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of â€Å"[d]ishonesty, fraud, theft (regardless of the amount), [or] unauthorized removal of hospital property† were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying â€Å"expectations† concerning Baril’s and Hospital’s obligations to each other. The details of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet fell on her while at work. She immediately sought treatment for injuries involving muscle strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers’ Compensation benefits at the time of the accident. Four days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a telephone message indicating Hospital called her sister in an effort to contact Baril. In response, Baril called Hospital on its toll-free number and asked to speak to someone in her department. After a brief conversation with a coworker, Baril asked the coworker to transfer her call to her sister’s home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Baril’s sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sister’s offer. According to telephone company records, the call lasted thirty-two seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained any economic loss as a result of the call. Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospital’s toll-free number for personal use, she violated section 2. 2. 2 of Hospital Policy HR116, which cites â€Å"[d]ishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property,† as â€Å"critical offenses† justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated. Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbook’s policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting; (2) Hospital breached the contract between Baril and itself by wrongfully terminating her; and (3) Hospital violated S. C. Code Ann.  § 41-1-80 (Supp. 2001) by terminating Baril in retaliation for filing a Workers’ Compensation claim. Baril sought $403,508 in actual damages, plus costs and other just and proper relief. Hospital answered, generally denying Baril’s allegations and claiming it â€Å"acted in good faith† when dealing with Baril’s discipline and termination. Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Baril’s discharge was not wrongful. Hospital cited Baril’s own conduct as the source of â€Å"any and all of the employment actions that [Hospital] took against [Baril]. † Additionally, Hospital maintained that Baril â€Å"failed to meet [Hospital’s] established work standards, stole [Hospital’s] time and possibly money when making an impermissible telephone call, and violated at least one of [Hospital’s] specific written Company policies for which [Hospital’s] action was a stated remedy of the violation. † Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of fact existed and Hospital was entitled to judgment as a matter of law. The Circuit Court conducted a hearing on the motion and issued an order finding: (1) Hospital’s policies did not constitute an implied employment contract as a matter of law, even when viewed in the light most favorable to Baril; (2) even if Hospital’s policies constituted an implied employment contract, Hospital’s actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Baril’s interpretation of the alleged contract was â€Å"strained and unreasonable and would have led to absurd consequences†; (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a â€Å"reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate [Baril’s] employment†; (4) Baril failed to establish a retaliation claim because she â€Å"based this cause of action merely upon her own self-serving, unsup ported opinions and the temporal proximity between the filing of her workers’ compensation claim and her termination of employment†; and (5) Baril failed to mitigate her damages because she â€Å"did nothing to seek employment or mitigate damages in any way. † The Circuit Court dismissed all of Baril’s claims with prejudice. STANDARD OF REVIEW When reviewing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002); Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002). In determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. Faile v. South Carolina Dep’t of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002); McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dep’t of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dep’t of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E. 2d 331 (2002); Trivelas v. South Carolina Dep’t of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s actions in terminating Baril’s employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment Contract Baril maintains the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether Hospital’s written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any consideration other than the employer’s duty to provide compensation in exchange for the employee’s duty to perform a service or obligation. Id. â€Å"At-will employment is generally terminable by either party at any time, for any reason or no reason at all. † Prescott, 335 S. C. at 334, 516 S. E. 2d at 925. However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricting the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises). The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. [3] See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbook’s procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowe’s statements regarding the new disciplinary policy, Baril testified: Richard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for exactly that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate people or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this point forward, and I felt that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would be—that I would not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court concluded that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II. Hospital’s Actions in Terminating Baril’s Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospital’s actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach focuses on whether the employer had a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Conner v. City of Forest Acres, 348 S. C. 454, 464, 560 S. E. 2d 606, 611 (2002) (emphasis added). â€Å"[T]he fact finder must not focus on whether the employee actually committed misconduct; instead, the focus must be on whether the employer reasonably determined it had cause to terminate. † Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospital’s disciplinary process to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to transfer one possibly business-related telephone call to Baril’s sister for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril. Hospital contends Baril’s request that her call on Hospital’s toll-free line be transferred to her sister’s private residence constituted an act of â€Å"dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. † Thus, Hospital avers Baril demonstrated violation of a â€Å"critical offense† meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephone line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospital’s objection, thereby raising the possibility that Hospital tacitly condoned the practice. Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Baril’s telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Baril’s good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospital’s undisputed practice was to permit employees to reimburse it for private long-distance telephone calls. The Circuit Court determined â€Å"no evidence showed or even suggested that [Baril] ever reimbursed or attempted to reimburse Hospital for any of these calls. † A cursory reading of the record contradicts this finding. First, the phrase â€Å"any of these calls† wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her authority by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call. In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Baril’s nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. Mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree. A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur substantial expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or relocate in order to perform similar work. Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be resolved by a jury. CONCLUSION Accordingly, the trial court’s decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. [1] John Arnold’s specific job title is unclear in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino. [2] Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andino’s decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to â€Å"deal with it. † Baril contends Martinez de Andino resented Baril’s input, leading to a souring of their relationship that motivated her to seek Baril’s termination. [3] Baril and Hospital clearly disagree about the existence of a contract.

Building Flexibility Into Contracts

The main rationale for building flexibility into an outsourcing contract is based on the premise that factors both internally and externally may change and thus impact the achievement of the desired objectives of the outsourcing. For example, the internal requirements of the sourcing organization may change during the outsourcing contract or another supplier in the supply market may achieve a technology breakthrough, which allows it to realize significant performance improvements.In the latter case, the establishment of a long-term contract with a competing supplier prevents the sourcing organization from accessing the superior capabilities of this supplier. Therefore, incorporating elements into a contract that create flexibility can ensure that the desired benefits are being achieved from outsourcing and in particular, ensure that the sourcing organization is not locked into a relationship with an uncompetitive supplier.Likewise, building flexibility into contracts aids organizatio ns in benefiting from the outsourcers’ cost improvements as they occurred, avoid lawsuits and save face in the future. Ways to Build Flexibility into Contracts McIvor (2005) related that flexibility can be achieved through either incomplete or incentive contracts. Incomplete contracting creates a situation in which parts of the contract can be renegotiated based upon changes in circumstances. It is mainly concerned with optimization over time, seeking to minimize the costs of adapting to the constantly changing conditions of the economic environment.There are a number of methods incorporating flexibility into a contract through incomplete contracting like price flexibility, renegotiation, contract length and early termination (Langfield-Smith, Smith and Stringer, 2000). Price flexibility allows prices to be renegotiated as circumstances change during the contract. Incorporating price flexibility means that all future contingencies do not have to be fully considered at the out set, as the buyer and supplier are aware that prices can be adjusted to reflect changes in circumstances.For example, changes in the requirements of the sourcing organization during the contract may necessitate an adjustment in prices. In renegotiation, mechanisms are incorporated into the contract that allow for renegotiation based upon changes in the business environment. The contract may include specific clauses under which renegotiation should occur including fixed calendar dates or changes in economic indices. Renegotiation often involves renegotiating more than price and can also focus on the terms of contract.The employment of shorter contracts can be employed to achieve flexibility. At the end of the contract period a new contract can be negotiated that reflects the current circumstances both internally and externally. Rather than have the five- to seven-year contracts of the last decade, contracts are now being broken into manageable timeframes which have short initial term s and options for extensions. Few organizations can predict their needs with any certainty over long lengths of time, thus it is prudent to have flexibility over the contract continuance.A clause may be incorporated into the contract that sets out the conditions under which the contract may be terminated. The omission of such a clause can result in considerable penalties in the event of the contract being terminated prematurely. Incentive contracting, on the other hand, involves incorporating mechanisms into the contract that allow the supplier to share any cost savings or profits generated through the outsourcing relationship (Dimitri, Piga and Spagnolo, 2006).Taking advantage of a contractor’s general objective to maximize profits by giving it the opportunity to earn a greater profit if it performs the contract efficiently lies at the core of incentive contracting. The essence of said contracting type is the effort by one individual or organization (the principal) to induce and reward certain behaviors by another (the agent). It has been the subject of considerable discussion in the economics literature, as incentive contracts are often employed to encourage performance improvements in the outsourcing arrangement in areas such as cost reduction and service levels (Bolton and Dewatripont, 2005).This type of contract stimulates the contractor to limit costs by leaving him a fraction of cost savings, but at the same time it reimburses him some money in case of cost overrun. The contract will include mechanisms that ensure the supplier shares any savings that are realized from performance improvements. Incentivization can create a more cooperative relationship between parties, overcoming the traditional adversarial approach to contracting.The purpose of the incentives is not just to motivate the contractor but to tie performance of all participants to the contract’s objectives. The proper use of an incentive contract aligns the priorities of contra ct participants who would otherwise have diverse motives. Potential Risks of Building in Too Much Flexibility Nowhere is the potential trade-off between control and flexibility more apparent than when it comes to designing the contract. As with anything that is too much, there are potential risks of building in too much flexibility into contracts.By having too much contract flexibility, short-term opportunistic behavior is more likely, which is why classical legal contracts remove flexibility by building in as much legally enforceable control as possible that protects both parties from such behavior. With respect to incomplete contracting, problems arise when any agreement is negotiated under conditions of incomplete or asymmetric information, risk and uncertainty. It has also been associated with certain organizational costs, as it needs to be revised or renegotiated as the future unfolds.John (2000) identifies three such types of costs: ex post costs of haggling over the terms of the revised contract upon renegotiation; those related to inefficient agreements caused by asymmetric information; and ex ante costs of not investing in relation-specific investments in fear of encountering ‘hold-up’ behavior upon contract renegotiation. Since it is impossible to write a complete contract that specifies what the agent is required to do in all contingencies, legal precedent is employed to determine obligations of the contracting parties that are not explicitly written into a contract.Familiar contractual forms have the advantage that there is a wealth of legal precedent concerning them. Thus, disputes are likely to be resolved speedily. More exotic contractual forms, for which there are few legal precedents, are more prone to costly and acrimonious legal disputes (Aghion and Bolton, 2002). Further, incomplete contracting discourages both relation-specific investments and value-enhancing agreements.When it comes to incentive contracting which operates on the theory of the carrot and the stick (there’s a financial carrot for a supplier for better than agreed-on quality, reliability, delivery or performance and a financial stick for worse than agreed-on levels of those parameters), the principle is attractive but the practice is another matter. Suppliers are reluctant to accept financial penalties, especially for reliability targets are not reached, and customers are reluctant to extend financial incentives to suppliers if agreed-on targets are not met.In incentive contracting, the risks' amount, probability, and impact are major factors influencing the design of the contract since the main purpose of this is transferring the risks. As well, there are several limitations to incentive contracting, as it depends on a purchaser with the ability to specify performance, the possibility of meaningful performance measures that can be identified, agreed upon and implemented, the existence of resources to oversee and monitor performance , and the practical ability to take action, including replacing the contractor, where performance is unsatisfactory.The front pages provide too-frequent illustration of the ways in which contract incentives designed by the best and most well-intentioned experts may yield unintended adverse consequences. Incentives can divert attention from other important goals, work too well on their own terms, or encourage distorted reporting. WORKS CITED 1. Aghion, P. & Bolton, P. (2002). On Partial Contracting. European Economic Review. 46, 745-753. 2. Bolton, P. & Dewatripont, M.(2005). Contract Theory. Massachusetts: Massachusetts Institute of Technology. 3. Dimitri, N. , Piga, G. & Spagnolo, G. (2006). The Handbook of Procurement. New York: Cambridge University Press. 4. Langfield-Smith, K. , Smith, D. & Stringer, C. (2000). Managing the Outsourcing Relationship. Australia: University of South Wales Press, Ltd. 5. McIvor, R. (2005). The Outsourcing Process: Strategies for Evaluation and Manag ement. New York: Cambridge University

Barriers to Accessing Health Care Services

In this essay I am going to critically analyse diversity within the National Health Service (NHS. I will briefly focus on barriers to accessing health care services in relation to age, race, disability, gender and culture and sexual orientation. I will consider the barriers which have unintentionally been put into place within different health services for both service users and members of staff, and the measures that have been taken in order to redress these issues by the government, NHS and Department of Health (DOH). Diversity is the inclusion of all irrespective of an individual’s age, race, capabilities, cultural background, gender or sexual orientation. The St. Helens and Knowsley NHS trust affirm this ideal describing diversity as, â€Å"Different individuals valuing each other regardless of skin, intellect, talents or years. † This is a quote the St. Helen’s and Knowsley trust have used from the Equality Act 2000 on their website to show their beliefs surrounding diversity. In society every individual is born differently, such as hair colour, skin colour, male or female, sexual orientation (depending on your belief that sexual orientation is genetic and not environmental), born into different religious and cultural backgrounds. As the U. K. has become ever more a multi-cultural society, issues such as diversity and anti-discriminatory practices have become ever more significant within our society. An individual who has been treated differently or received an unequal quality of service based on a preconceived idea due to a minority group they may identify themselves with have been discriminated against. Within the NHS these minority groups are known as characteristics, as in characteristics which help build an individual’s idea of their own self-concept. Since the Equality Act was up-dated in 2010 the NHS have not only included race, culture, gender, capabilities, religious beliefs and sexual orientation but also now include, pregnancy/ maternity, marriage/civil partnerships and carers as part of their protected characteristics policy. (http://www. nhs. uk). For the first time the law also protects people who are at risk of discrimination by association or perception. This could include, for example, a carer who cares for a disabled person† (http://www. nhs. uk) There are two forms which discrimination can take place the first is called direct discrimination. Direct discrimination is when an individual is treated differently usually negatively or unfairly compared to others based on the individual identifying themself with one of the above protected characteristics. Indirect discrimination is when a law, policy or procedure has been put into place, which applies to everyone, but this law, policy or procedure will disadvantage individuals who associate or identify themselves with the above protected characteristics. However due to organisations focusing too much on anti-discriminatory practice a new controversial concept of positive discrimination has begun to emerge, this is also being called positive/ affirmative action. Positive discrimination is where minorities or individuals, who associate or identify themselves with the protected characteristics, are given preferential treatment to others. An example of this would be two candidates who are both equally qualified for a job, however one candidate is a white, heterosexual male and the other candidate is a black, homosexual female, by positive discrimination the second candidate would receive the position. Positive discrimination can be due to pressure felt by the organisation to employ a diverse work force, to fill a quota to ensure the organisation cannot be accused of being discriminatory or historical guilt for issues such slavery. â€Å"The idea of positive discrimination came from the US where an ‘affirmative action’ programme has been used to try and ensure the make-up of certain workplaces reflects that of society. † (http://www. findlaw. co. uk) It has been suggested that the root cause of discrimination is due to prejudice. Prejudice is a stereotyped, pre-conceived idea of the way an individual or social group should portray themselves within society (Walsh et al, 2005). For example all Irish people drink alcohol excessively. â€Å"Prejudices can be a result of your own beliefs and values, which can often come into conflict with work situations. † (Pg. 194, Nolan et al, 2005). There are no laws in place against being actively prejudice, this is why the law concentrates against discriminatory practices. (Walsh et al, 2005. ) Ageism is commonly thought of as discrimination against the elderly; many nursing and health and social care textbooks affirm this belief, Kydd et al (2009, Pg. 49) state that â€Å"Ageism is the generalisation of old age as a social problem, this has contributed to the negative stereotyping and ageist practices in relation to older people. † However this is a false perception. Ageism can affect individuals of all ages, for example in 2004 the upper age limitations of free breast screening were 69, (http://www. imsersomayores. sic) however due to a growing older population this age restriction was raised to 73 in 2010 and the lower age limitation remained at 47. (http://www. cancerscreening. nhs. uk). Studies carried by the cancer research charity show â€Å"The 5 Most Commonly Diagnosed Cancers in Females, Average Percentages and Numbers of New Cases, by Age, UK, 2007-2009† (http://www. cancerresearchuk. org). Breast cancer is highest in both categories of women aged 2 5-49 and 50-74, however in the group 25-49 breast cancer was more prevalent by 10% (43%) compare to the 34% in the group of women aged 50-74. These figures show there is a need for the lower age restriction to be reduced. This NHS policy for age restrictions on breast screening needs to be reviewed as it can be viewed to be discriminatory towards women in the UK under 47 who are proven to be in need of this health service. Racism is the belief that one race is superior to another; (walsh et al, 2005) throughout history millions have faced discrimination and persecution due to this belief the most prevalent examples of this is in the Jewish community and the Black community. As the UK continues to become a more diverse, multi- cultural society racism continues to plague Britain. Penketh (2000, Pg. 7) affirms this by stating, â€Å"Black people are more likely to be ‘stopped and searched’, arrested, imprisoned and even to die in custody than whites. † Studies carried out by Unison, the UK’s largest healthcare trades union found that 70% of their non-Caucasian client’s employed by the NHS had experienced ‘racism or racial discrimination’ at work, some employees had experienced verbal abuse and physical abuse in relation to their race. (http://www. unison. org. uk). From this study the NHS have brought out an initiative to help eradicate racism within the NHS, part of this initiative is to have a better complaints and redress system in place, as three quarters of the employees in this study who experienced racism or racial discrimination were unsatisfied with the outcome when the incident was reported to their management. Disablism refers to prejudices against individuals who have suffered ‘mental, physical or sensory impairments’. In the past words such as lunatic, spastic and cripple were acceptable words used within health care settings as a way to describe an individual with specific needs. These terms are still rife within society today. (Walsh et al, 2005). Goodley (2011, Pg. 24) states â€Å"People with some form of impairment are likely to experience social disadvantage, a lack of opportunities and unfair discrimination. † Barton (2002) agrees with this as Barton theorises that individuals with a sensory, physical or mental impairment will at some stage in their life experience oppression in both institutional and individual forms, this can be due to absence of choices, barriers to funding, unforeseen deterioration in their impairment or general ignorance. Within the NHS discriminatory practices occurs on a regular basis despite programmes such as ‘Valuing People Now’ being released by the DOH in 2009, this was a three year strategy to help improve the quality of life for individuals with learning difficulties. This year MENCAP have released a report called ‘Death by Indifference: 74 deaths and Counting. ’ This report highlights the failings within the NHS to provide an equal quality of care for those with specific needs and learning difficulties. The main areas of failing that subsequently lead to the needless deaths of many patients with learning difficulties are failure to recognise pain, poor communication, diagnostic overshadowing, and delayed treatments, inappropriate DNR’s and lack of basic care. Throughout the report it is emphasised the lack of compliance not only to the Equality Act but also the Mental Capacity Act, in relation to DNR’s being allocated to patients without the consent or the knowledge of the patient’s family, friends or advocate. Again a major issue within the report is the NHS complaints and redress system in place. MENCAP,2012) â€Å"In this report we deal with the inadequacies of the NHS complaints process. On average it can take 18 months- 2 years to reach the Local stage, and between 2 years- 4 years to complete the ombudsman stage. † (MENCAP,2012, Pg. 7). Sexism is the belief that one gender is superior compared to the opposite sex, it is generally felt that women tend to be sexually discriminated against within society more so than men. (Walsh et al 2005). Within the health care profession a patient may express a preference in the gender of the health care practitioner (HCP) who provides their personal care (Smith t al, 2011). This is not to be seen as sexual discrimination against the HCP, by noncompliance with the patient’s request this can be viewed as discrimination against the patient’s religious and cultural beliefs. However due to under funding and under staffing with the NHS the ability for HCP to fulfil these requests has been compromised. â€Å"Modesty in dress and a requirement to be treated by a doctor/nurse of the same sex is also important in some religions. NHS staff should consider these requirements in order to preserve the dignity of the patient. However, it is not always possible or feasible to provide same-sex attendance, particularly without adequate notice that this might be an issue, and this should be made clear at the time of making appointments† (DOH, 2009) The Royal College recognise the need for a review within staffing levels within their 2011 report Mandatory Nurse Staffing levels, they also acknowledge the impact staffing levels have on a patient, they state, â€Å"There is a growing body of evidence which shows nurse staffing levels makes a difference to patient outcomes, patient experience, quality of care, and the efficiency of care delivered. (RCN, 2011). Within a female dominated profession such as nursing it is felt that males tend to be more so discriminated against sexually than females. A recent example of this on a national news level is the case of Andrew Moyhing, a male student nurse who won a sexual discrimination case against the NHS. He was told by a female staff nurse that he would need to be chaperone by a member of staff as he attached an electro-cardio machine to a female patient, due to ‘intimate care’ required . Mr Moyhing felt this was unfair as female students on the same ward were unsupervised when carrying out personal hygiene and intimate care on male patients. The Equality Opportunities Commission supported Mr Moyhing releasing this statement, â€Å"The Employment Appeal Tribunal was right to find that it was not acceptable to have a chaperoning policy based on lazy stereotyping, Male nurses are still seen as a bit of an oddity simply because there are so many more women in the profession than men despite the fact that so many doctors are male. † (www. ews. bbc. co. uk/1/hi/health). The charity ManKind this year released a report presenting the ‘Seven Challenges Male Victims Face’, it highlights various forms of sexism especially within statutory service such as the NHS, â€Å"Practically all training with in the police, NHS and local authorities is aimed at women as the victims, men as the perpetrators. † (See appendix 2). Cultural discrimination is when a s ociety does not accommodate or recognise the needs of an individual or group of people from a different religious or cultural background. As a society there will be expectations of what the ‘social norms’ are, what is acceptable and what is not acceptable. When an individual or social group show beliefs or needs that do not fit in with our own social norms they can be met with hostility and intolerance. (Walsh et al, 2005). â€Å"Cultural barriers can prevent, for example consideration of spiritual, relational or dietary needs that do not conform to traditional expectations. † (www. bridgingthegap. scot. nhs. uk). There are many areas of patient care which are can be jeopardised due to ignorance of cultural beliefs, examples of these which are emphasised in the NHS guidelines for cultural and religious beliefs are: Diet- many religions are restricted as to what types of food they can eat, and how the food was prepared, for example an orthodox Jew will not eat pork or any meal that has come into contact with a pork product, Muslims also have similar beliefs surrounding food preparation. Personal Hygiene- as mentioned before patients often express preference to the gender of the HCP who assist with their personal care. An orthodox Muslim will only wash in running water, therefore offering a basin of water to wash in may be seen as offensive. Palliative care and Dying- each religion has different views are to how a body should be ‘laid out’, when a patient dies the patient is given the Last Offices, if a patient is Christian a bible is also usually set in the room, however some religions find it offensive for anyone except the family to ‘lay the body out’. http://www. bfwh. nhs. uk). This is why more importance needs to be emphasised on patient admissions and filling in the ADL forms to the best of our ability, as it can prevent any future offence or discriminatory practices. As you can see in the Activities of Daily Living (ADL) (see appendix one) spiritual needs are mentioned, however the contents of the ADL will vary from trust to trust an d all trusts do not include religion or spiritual needs. In the caring profession patients have shown signs of frustration, confusion and anger as their cultural beliefs are not met, over looked or ignored. (Leininger, 1991). Discrimination based on sexual orientation, Roper, Logan and Tierney identify sexuality as one of the ADL (Mckenna et al, 2008), within each NHS trust it varies as to what is recognised as an ADL. As you can see (appendix one) the trust I work for have not included sexuality. Many people within society see sex as a taboo subject and therefore find it a difficult topic to approach and discuss openly, however sexual health is a part of holistic health and should be taken as seriously as any other aspect of health such as mental, emotional or physical. The World Health Organisation defines health as, â€Å"a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. †(WHO, 1948). Studies have shown that the homosexual community are greatly disadvantaged and are the least likely group that identify with the protected characteristics to access health services. There are a variety of reasons due to this such as, a patient may not be openly gay, when they do access health services a majority of the time assumptions are made the reason for accessing that health service is related to the patients sexual health, also when homosexuals do access sexual health services they feel a stigma of promiscuity has been attached to the homosexual community. (Dunn et al, 2010). In conclusion from this essay I have realised barriers to health service access are a key factor in differential health outcomes among population groups within society. WHO, 2001) Although policies and procedures have been put in place by governing bodies to decrease the occurrence of discriminatory practice, these policies are not always effective; they are only effective when they are enforced by the organisation. Within the health care profession we must always strive to respect an all aspects of an individual’s identify and self-concept (Walsh et al, 2005). Simple measures such as filling in an ADL to the best of your ability can be a preventative method to causing future offence, or discrimination to a patient.

How Meaning of Words Change Throughout the Generations Research Paper

How Meaning of Words Change Throughout the Generations - Research Paper Example That indicates that it is common for an individual from outside a circle to get lost when engaging in a discussion from members who belong to the same circles. However, some slang words usage remains almost the same with only acquiring growth in terms of usage across various cultures and group settings. The usage of the words may at times become seasonal where almost every group uses the word at a certain period and then the word gets replaced by another more appealing word. Some slangs may, however, maintain the same meaning while compared with the dictionary meaning although changes may result over time. The paper examines the usage and meaning of the word cool according to the researcher’s perspective and how the circle that the researcher belongs to uses the word in expressing opinions or reactions. As a student, my circle comprises of students in a few groupings from the academic platform and the extra-curricular platform. As a student, interactions are common with group members and other classmates as most of the day time hours are spent together with other students. On the other hand, as a footballer for the school team, interactions with other team members are evident during training and game time. The word cool as used in the two group settings is often used in the two group settings mostly to signify something good. The difference between the meaning of the word is portrayed while examining the result that I attributed to the word cool by these two groups. Consider for example a situation where upon submitting a group representation in the class, our study group scored eighty percent, although the performance was the fifth while compared to the other groups. From citing the performance as cool, the group leader and the group members signified that although the performance was not excellent, it was good.

Reflection - Reduced harm tobacco Essay Example | Topics and Well Written Essays - 500 words

Reflection - Reduced harm tobacco - Essay Example Furthermore, the article contextualizes this lieu of the progress of corporate social responsibility and product harm reduction of tobacco companies, or lack thereof. Corporate social responsibility among tobacco companies is very much like a paradox; basically tobacco companies are like giving a poison to their consumers so that they can kill themselves. If we were to apply the logic of corporate social responsibility to the tobacco companies, we are presented with a situation that simply contradicts itself: if a tobacco company becomes a socially responsible corporation, it would be as if they will offer a slower poison to their consumers so that they will not dies as fast as before. The addition of the snus in the tobacco industry may be seen as the slower poison. It is not smoked so that there is a significant reduction in the risks of having diseases that are more likely to be acquired when smoking cigarettes. However as the article has pointed out, even with the existence of this less harmful tobacco product, it is not supported by legislation bodies and no tobacco companies are making an effort to pursue its development or more importantly, reducing the harm in their products. This is the point where corporate social responsibility among tobacco companies hits a dead end. Tobacco companies may be aware of this contradiction and that is why most of them are not making any efforts to reduce the harm in their products. Another contradiction in this situation that the article points out is how governments demonize tobacco companies while providing them a legal status. This is counter-intuitive to corporate social responsibility since it simply does nothing to affect the market demand that is fueling tobacco companies. As a result, there is no motivation for them to develop a less harmful tobacco product since their killer product rakes in the profit, and in the end that is all that matters for them. This article also

American and British Civil Religion Essay Example | Topics and Well Written Essays - 2000 words

American and British Civil Religion - Essay Example In order to understand American and British civil religion and its link to Christianity, one must focus on the history and what brought about the changes in these regions historically and their impact on the Christian world in these two most influential regions. In my research efforts, I would like to discuss Gerald Parsons book â€Å"Perspectives on Civil Religion and Sydney Ahlstrom's book on the religious history of these two countries. There are different levels of the definition civil religion and the two most influential authorities on civil religion's definition from Robert Bellah the American sociologist and later Pierard and Linder have in turn served to actually link the concept of civil religion with Christianity (Parsons,2002, p.6). According to Bellah, American civil religion has two aspects :priestly and conservative, liberal and prohetic (Parsons, 2002, p.3). He goes on to explain the Americans on the one hand see themselves as divinely appointed by God to lead the world in a particular direction. â€Å"..For some among the new Christian Right within recent and contemporary American politics, the concept of an American civil religion has been deployed as part of a campaign to create and sustain a distinctively 'Christian America' (Parsons, 2002, p.4).† According to the author, the move in this direction advertises America's ideologies in a Christian context- the ideologies of peace and justice and mingle them in the context of Christian religion. Richard Pierard and Robert Linder have actually defined certain characteristics of civil religion where a nation and its vision are somehow intertwined with each other (Parsons, 2002). His book actually serves to show us how a nation's civil religion is predom inantly linked to some form of religion-in this case Christianity. One must understand through their analyzing of this concept that this concept still is ambiguous to the present day. But in order to under their links, it is only fair to look at the history of these two major powers in the world and their religion in order to understand more clearly their dealings with the world. Both these countries are dominantly Protestant and Anglo-Saxon and their forms of "modernity" go back to the eighteenth century (Parsons, 2002, p.7). In doing so, in my discussion of civil religion, it is important to look at the rituals of remembrance of these two countries. Americans celebrating the 4th of July independence and Memorial day (remembrance of those who have died in civil war), and the British having celebration of Remembrance Sunday (the anniversary of the armistice that ended the First World War in 1918) are most notably viable examples of civil religion in these two countries (Parosn, 2002). In America, the most influential leader Abraham Lincoln who led the civil war in the 18th century, delivered certain key speeches that contributed to the concept of civil religion in America that were intrinsically tied to the Old testament Scriptures :for example at the Gettysburg Address in 1863, "Lincoln used Christian symbolism and language and he saw America as the promised land to which God had led their predecessors (Parsons,2002, p.15)."1 In the meantime in Britain, there is a growing trend in the twentieth century to mark the graves of those who had died in the war (Parsons, 2002). "From 1915 onwards, street shrines were designed to list the names of those who were currently serving with the armed forces and of those who had been killed ...For the clergy they were part of the process of evangelism and the attempt to reassert the relevance of the message of Christianity in the midst of war...it also endorsed the understanding of the war as a holy crusade (Parsons, 2002, p.29)."2 Also , it is notable to include that the British were fueled in their ceremony of marking the graves of those deceased in war-commonly known as the commonwealth war graves were met with huge public support (Parsons, 2002). The British people although

Identity, Authority and Freedom; The Potentate and the Traveler by Essay

Identity, Authority and Freedom; The Potentate and the Traveler by Said Edward W - Essay Example He believes that the missing element of criticism which is lacking in academies or educational institutes in most parts of the world is something that needs to be added to academic life to resolve issues of politics which include race, gender, religion, national identity and culture. The fact is, that most people are convicted of stereotyping, being ethnocentric, geocentric or faced with a national superiority or a supremacy over other cultures (Said, 2005). Analysis and Evaluation The problem highlighted by the author here relates to identity, authority and freedom of speech and expression in the world in general. The fact that, nothing in this world is seen in isolation but is relative to other things or dependent on other elements such as culture, religion, geographic similarity, religion, nationality or politics. In light of social sciences and humanities, the author considers race, gender, ethnicity and religion as political factors that hinder learning and knowledge at all leve ls especially in the academia which is suffering from a lack of academic freedom as the author terms it. He believes that academics forms a basis of what the students would later be like once they leave the academic institute and the social, political and general environment is what defines their future and how they deal with adversities.

Energy Issues Essay Example | Topics and Well Written Essays - 2250 words

Energy Issues - Essay Example It exists in many forms, such as, light, heat, electrical, kinetic, sound, thermal energy, elastic, gravitational, potential energy, mechanical energy, and many others. The fact with the energy is that it remains constant; even while transforming it into other forms. This principal is known as conservation of energy. Over time, energy is transformed and used for several purposes. For example, use of energy as fuel for transportation, use of electricity for domestic and commercial use, use of power in the industrial sector, use of nuclear power, and so many others. However, massive use of energy has created many energy issues which are affecting the environmental conditions of the globe and also affecting the human health. Some of the major energy issues would be highlighted in this reflective paper along with their affect on the environment by using daily life examples for the convenience of the readers. (Gallup, Frank Newport; 2006, p104) The Arctic National Wildlife Refuge is situated in the north Alaskan coast (United States) with 80,000 kilometers of area, and has been an ongoing political controversial platform between the Democrats and Republicans since the year 1977. The question lies here is to decide whether to start drilling in the Arctic National Wildlife Refuge or not According to the researchers, this area comprises of massive oil reforms, whereas the opposing group is against this decision since it could affect the wildlife breed in this area if oil drilling is allowed by the government. According to the estimate by the USGS, Arctic National Wildlife Refuge is capable enough to produce 5.7 billion to 16 billion barrels of crude oil and natural gas which could be very beneficial for the economy of the United States. But on the other hand, the security wildlife present in this area cannot be guaranteed due to the constructive drilling work for the oil reforms. This has c reated a debate between the groups and controversy for the government since the government is unable to decide whether to go in favor f the drilling or to go against it. The Arctic National Wildlife Refuge Oil drilling would bring many monetary benefits to the people and the economic state of the country. It would increase job opportunities, working and business opportunities for individuals and companies. It would also attract the attention of foreign investment in the region, while giving a competitive edge to the economy of the country. Nonetheless, the oil drilling would help in lowering the high oil and fuel prices for the public. Not only this, but it would also reduce the cumulative net expenditures on the

Assignment 5 Essay Example | Topics and Well Written Essays - 1500 words

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Morning after pills Essay Example | Topics and Well Written Essays - 2250 words

Morning after pills - Essay Example e Morning - after pills just like a regular birth control pill although it is much stronger and it functions by preventing ovulation thus avoiding contraception or implantation if ovulation occurs (Ferri, 2012, pp. 285-287). Morning-after pills are common and they play a significant role in preventing an unplanned pregnancy in various situations but the drug is highly abused apart from having some adverse side-effects on its users. Morning-after pills contain hormones similar to the content of regular birth control pills and they prevent pregnancy primarily by preventing ovaries from releasing eggs. Moreover, the pills usually make cervical mucus thick hence prohibiting sperms from mixing with egg and causing fertilization. The functionally of the pills largely depend on the stage of the menstrual cycle in women. Watkins (2012) believes that depending on the stage of the menstrual cycle, the contraception may delay or stop the release of the egg, change the lining of the uterus, and finally alter the movement of the egg and sperm by limiting their speed (1463-1470). However, the morning-after pills are never effective for pregnancies implanted in the uterus. It should be noted that morning-after pills are not worth relied on and should only be considered as last chance contraception (Ferri, 2012, pp. 285-287). Effectiveness of the morning-after pills is within a certain period including immediately after unpro tected intercourse up to 5 days or 120 hours. However, they always work best when taken immediately after unprotected sex instead of waiting for the fifth day because the longer an individual waits for the pills, the lesser their chance of working. Ferri (2012) illustrates that there are two hormonal types of morning-after pills whose effectiveness, prices and side effects differ slightly (2855-287). The first type of morning-after pills is known as plan B that contains progestin hormone and is taken as 2 pills. Plan B pills can either be taken immediately

Final Proposal Essay Example for Free

Final Proposal Essay In 2009 the Arena Football League ran into financial trouble. The league has since been purchased and now looks ready to reemerge as a more financially secure business. Some said the AFL tried to do too much too soon. With a large television contract on a major network, and eighteen game regular season and player salaries well into six figures, I would agree. The league couldnt control cost, so they couldnt make money. The problem wasn’t fan interest and low attendance; it was a league working outside of their means. By watching, and experiencing some of these mistakes I will help with a model to develop a second tier indoor football league. My model will not try and do too much too fast. I will attempt to find ways to reduce expenditures. There have been many indoor leagues and indoor league franchises that have folded or shut down operations. One way I will try and save on start-up expenses is approach these teams and leagues to try and purchase some of those assets. These assets may include equipment like helmets and shoulder pads or even the turf to lie down inside the arena with the dasher pads that cover the walls to protect the players. Finding these items at low cost will help in the long run. Arena football is perfect for many people. The hard core football fan will like the hard hitting, and quick scoring. Families like arena football, because its an inexpensive way to bring the family to a sporting event, and the players are more accessible then NFL players. Its a fun summer time activity that everyone can enjoy. I will make sure that merchandise and tickets remain at an affordable price so that many families can feel that they are going out for an affordable evening of entertainment and they can feel comfor table bringing the entire family. I will start ticket prices at seven dollars per single game. With a home schedule of six games we can begin marketing season passes at just forty-two dollars. The average cost for a family to attend an NFL game can cost hundreds of dollars. A single premium ticket to see the New York Giants in 2012 costs $ 464.75. However, Team Marketing Report bases its findings on average ticket prices, and in 2012 that runs at $78.38, or $313.53 for four. (Yahoo sports 2012) A family can purchase several season passes and  attend every home game with the family as opposed to purchasing tickets to just one NFL game. The average cost of just one beer is $7.28. Football fans are no longer limited to just Budweiser and Miller when they go to the stadium. According to Esquire’s â€Å"NFL Stadium Food Power Rankings,† many craft brews are available at NFL games, including Goose Island Honkers Ale and Red Bridge Gluten-Free beer. On average, NFL fans can expect to pay $7.28 for a small beer at the stadium. The most expensive are found at San Diego’s Qualcomm Stadium and Buffalo’s Ralph Wilson Stadium, where the cost is $9. The study assumes two beers will be purchased, or $14.56. (Yahoo sports 2012) I will work out a way for vendors and the arenas to get those costs down. Some arenas and other venues do not allow a fan tailgate in order to get those paying customers inside. I will make sure the leagues venues allow a pregame atmosphere where fans can bring their own refreshments and not have to worry about high costs inside. The average cost of a hot dog is $4.84. There is no substitute for a good old fashioned hot dog. According to Team Marketing Report, that’s $4.84 or $19.36 for four. (Yahoo sports 2012) Parking fees are always a major concern when attending major sporting events like NFL games. Sports venues are often accessible by mass transit, but many will still drive to games. The average cost for parking is $27.35. (Yahoo sports 2012) We have to find a way to get these costs down and encourage our fans to drive to and park at the arenas. It’s hard for some NFL fans to leave the game without taking some merchandise home. Team jerseys and caps are popular choices. We definitely want our merchandise to be affordable so that our brand and logo gets out into the community. The report found that the average price for a cap is $21.38, and to keep the kids happy, two will be purchased for $42.76. (Yahoo sports 2012) There has to be a way to get these costs down. The averages add up to nearly 500 dollars for a family of four. This is a very expensive afternoon or evening out. That is a lot of money for the average family to spend in a single afternoon and discouraging for families working a tight budget. Arena football is fun, hard hitting and high scoring and must be an affordable venture for families to enjoy. In order for a franchise like this to be successful, the right people in the right places doing the right things is essential. The owners must place executives in the right positions to lead. The General manager is a position that has a lot of duties, they must make sure the marketing and sales staff is in place, they must also hire a director of football operations, this persons job could have many duties as well, in most organizations this person handles game day operations, scheduling, travel, and player relations. There is also the head coach, he oversees the coaching staff and delegates those responsibilities. A budget must be managed, the right coaching staff and player personnel must be in place, the right players have to be chosen, and the team must be marketed and advertised in a correct way. I will be presenting to the board the addition of a couple of programs and personnel important for an indoor football team that may get overlooked. That operation will be a Game Day Staff and Ops crew. We will need a game day staff to help coordinate half time and down time events in order to keep fans involved. We need this staff to help time out a game day script that will tell coaches and players when they can and can’t be on the field and will allow the sponsorship staff a guide to offering sponsorships as they can determine how much exposure they will receive. They will also coordinate with team sponsors on promotional events like a T-shirt toss or game day give away. Some sponsors will like their logo and name on noisemakers or small footballs that get tossed into the crowd. We will need an assistant to the equipment manager and trainer. There is equipment that needs to be transported from the team’s offices to the arena on every game day. There needs to be someone to help set up the locker rooms for the players and coaches as well as the referees and visiting teams. This will include handing out game day equipment and uniforms as well as making sure water coolers and bottles are filled for in the locker room and bench areas. We will need to hire a Director of Football operations who can oversee these areas, in addition to these responsibilities the director will be in charge of updating the website with stats and news as well as player transactions. The director will also handle travel arrangements for the team and hotel accommodations for the visiting teams as well as team meals for both. The  presence of a director of football acts as an intermediary between the general manager and the board and may relieve pressure on a manager by handling aspects away from day-to-day coaching, allowing a manager to focus on performance. In general, the director of football operations is not a shareholder in the club, or holds a nominal stake. This is opposed to other members of the board with whom the director of football will sit. This allows an impartial go-between that will not have biased views. The level of power and influence in the day-to-day and transfer operations of the club held by a director of football may vary considerably. In some cases, the position may be as a figurehead or as a club ambassador, with transfer dealings, team affairs, squad selection and day-to-day operations handled exclusively by the manager and his staff. Often, the position in this case is filled by a former famous player. Bobby Charlton at Manchester United is such an example. In such a case, the role of the director of football is more one of club promotion and marketing than that of actual control over footballing operations. Employing a well-known football personality in such a position may also be used to enhance the perceive d prestige of the club, improving the clubs position in the transfer market. (Wikipedia 2012) The director of footballs job is sometimes compared to that of a general manager in a North American professional sports organization, and often referred to as sporting director or some equivalent in continental Europe. Marketing the team can be a task. There has to be structures in place that will help the team succeed in getting noticed, gaining sponsorships, and selling tickets. Our book discussed a model. The principles that should be observed in a marketing program include: Customer principle, Competition Principle, Practice Principle, Cross-Functional Principle, Continuous Improvement Principle, and the Stakeholder Principle (Krotee Bucher, 2007, pp. 474-475). In the indoor football program that I currently work for, marketing is a big deal and it seems as if some of these principles are in place. We take into consideration what type of customers we will have, catering to middle-aged men and young kids. We understand what and who we are competing with; Florida Everblades are a minor league hockey team that occupies the same arena. We compete with them in the same market. There is  also minor league baseball in town, a group that has games sometimes on the same nights as us. The cross-functional principle works with the hockey team as well. During their games we are allowed to set up an information table and sale season passes and merchandise during their contests. The continuous principle is where we hand out surveys to season ticket holders asking questions about how we can improve. The stakeholder principle helps us as we continue to be the model franchise for the league and the one that other franchises would like to emulate. How the team is perceived in the public eye is vital for its success. The first task for a company is to decide that all forms of public relations will be based on current strengths and the overall mission of the company. We want to make sure our targeted group understands exactly what we want to accomplish in all areas. (Krotee March, 2007. p. 457). A company must also know who their audience is and how they can reach them. Ive mentioned before that the indoor football team I work for targets middle-aged men and school aged kids who can bring parents. We hand out ticket vouchers to kids at local events and schools. Each kid will only get one voucher. The reasoning behind this is that we understand these kids can’t get to the game alone. They have to have someone drive them whether it’s a parent or older sibling or friend. They will be they paying customer bringing in ticket sales, which without having handed out the voucher, wouldn’t have been sold otherwise. The other catch is that the arena will only accept so many vouchers per night. We inform the voucher holder that it is wise to get to the box office in advance of the event to claim their ticket. Many don’t do this and by the time they get to the arena the allotted amount of free vouchers has been counted. This person is stuck having to now pay for a full price ticket as they will probably not opt to return home. There have been complaints about this program but it is stated by whoever hands out the voucher and on the voucher itself that there will be limited use. Another aspect of effective public relations is to find out what the customers are thinking, along with what they believe. The team has sent out surveys to season ticket holders with questions about how they can do better. There are also randomly timed questions that go out on social media like, what is your favorite night to watch arena football? This can help when scheduling home games as most people wouldnt want to come on a Monday night because of work obligations.  (Krotee March, 2007. p. 457). A fourth aspect of public relations work is deciding what services or programs to offer that will best suit the needs of the intended audience. We try and figure out if most people would rather purchase a hat or tee shirt or would they be more likely to purchase season passes at a discounted rate or buy game to game. (Krotee March, 2007. p. 457). Choosing a good PR representative is also key. Someone who understands the mission is important. All of these aspects will help a new league flourish and remain successful. One more important part to that would be landing some type of television or media deal. The younger, mostly male audiences at professional sporting events are an attractive crowd for advertisers, but pro sports can be an expensive buy as we have already mentioned. Advertisers and sponsors reach not only young men but also, because games are less expensive to attend than most pro sports events, families looking for cheap entertainment as well. Advertisers can also get more creative at AFL games than they can at other leagues such as the NFL. The league can handle its own advertising and sponsorship, and individual teams handle some promotions. Arena Football League games are played on 50-yard fields surrounded by padded dasher boards that look similar to those used in hockey. These boards create prime billboard space where companies that purchase sponsorship can place their name or logo. It would be more appealing to a company to purchase if they knew they would be exposed to a national audience. The season will run from March to August, so that it won’t interfere with the NFL season. There are a number of advertising options on and around the playing field, including ads on the boards, 6-by-9-foot turf squares on the field itself, and ads on the jumbotron scoreboards hanging from the center of the ceiling where highlights can be played and the score clock is displayed. Brands can also place patches on player uniforms, decals on helmets, graphics on game balls, or ads on first down markers. Anywhere that there is viewable open space can be covered in advertisement. Other options available in the arena are similar to those seen in other sports, such as signage, static and video ads on the scoreboard, on-field promotions during timeouts and stoppages in play, and  concourse booths that can be used for sampling and fan interaction. Some promotions that I have seen in the past that get fans involved is a football toss from a long way out attempting to win a car by throwing the ball through the driver’s side window. The league may also have a title sponsor. For example, the Indoor Football League presented by Bud Light. We could also title the championship game, the third annual Doritos Indoor bowl, similar to how colleges promote bowl games. On-field advertisers can get additional exposure on television. Games may also be televised locally in teams markets, giving on-field advertisers extra eyeballs. The only downer to this would be the argument that fans won’t come pay to see a game live when they can watch it in the comfort of their own home for free. We will continue to build in smaller markets like here in Fort Myers Florida or Rome Georgia. We will not compete in watered-down, saturated markets where local businesses have been bombarded with sponsorship sales and sports marketing teams. Game attendance will be tracked and TV ratings are also used to measure impressions. We will use sponsors relevant to our target market, they will include telecom, restaurants, insurance, athletic equipment and apparel, hotels, soft drinks and beer. Arena Football League fans are 72 percent male and 28 percent female, according to Scarborough Research. Sixty-two percent of fans are ages 18-49 and 33 percent are 18-34. Forty-six percent of fans have an annual household income below $50,000, with 33 percent between $50,000 and $100,000, and 21 percent above $100,000. The mean household income of AFL fans is just over $72,000. (League Attendance 2012) The success of an indoor football league and franchise is dependent upon having many working parts in place. There must be a realistic budget to work with so that these teams and leagues aren’t working outside of their means. Player and coach salaries must be realistic in order for these teams to stay alive. Ticket and merchandise costs for fans must be affordable in order to appeal to larger crowds. The venues must work with the individual teams to keep costs down. They must make parking costs and vending costs affordable so that fans and families will attend more than one event per year. There has to be a good marketing team that understands the mission is to not only make the team money, but appeal to fans and gain support from the local community. It will be the leagues  responsibility to broaden that market by adding television and media exposure. Finally, there needs to be a good PR program in place so that a good relationship between the team, league, and its fans remain. References Krotee, M., Bucher, C. (2007). Management of physical education and sport (13th Ed.). Boston: McGraw Hill. ISBN: 0072972920. Wikipedia: The free encyclopedia. FL: Wikimedia Foundation, Inc. Retrieved December 9, 2012, from http://en.wikipedia.org/wiki/Director_of_football Arena Football League Attendance Needs Some Help: Fan Opinion by Eric R. Ivie | Yahoo! Contributor Network – Wed, Apr 11, 2012 3:12 PM EDT, retrieved on December 9, 2012 from http://sports.yahoo.com/news/arena-football-league-attendance-needs-help-fan-opinion-191200000.html NFL game-day costs for fans By Daniel Bukszpan | CNBC.com – Thu, Oct 4, 2012 3:31 PM EDT retrieved on December 9, 2012 from http://sports.yahoo.com/news/nflnfl-game-day-costs-for-fans.html

Service Quality of Bank Essay Example for Free

Service Quality of Bank Essay Good and Bad banking service that I’ve ever experienced before†¦ It was really great to have banking service especially internet banking. It has a lot of advantage for me, for instance helping me out to pay my tuition fee, pay my bill, and buy a prepaid reload. Transfer money also getting easy as my parents from Indonesia send me money just thru ATM to ATM. Despite all of the good thing of the banking service. I’ve experience the worse one. If I’m not mistaken, on Thursday, August 23, 2007 around 15:46 pm, I make cash withdrawals at ATMs BNI (Bank Negara Indonesia or Indonesian Bank) branch Klampis Surabaya Rp1,000,000, but it was came out only Rp950. 000, though my bank account already count 1,000,000 as withdrawal. I report directly to the customer service BNI branch Klampis and asked to complete written reports. On Monday, August 27, 2007, when I have some savings on print book teller BNI, listed 50,000 refund on August 24, 2007. But, August 28, 2007 when I re-requested printed, 50,000 of money, it has taken / credited back. According to customer service BNI, it happened because it was considered there was no difference in the ATM transaction otherwise altered so successful and did not return my money. Although there were not many, but nevertheless I still impaired by ATM BNI. Previously, I have also experienced a similar ugly incident at the ATM BCA (Bank Central Asia) with a lack of money is greater. Around May 15, 2009, I withdraw cash at BCA ATM in Jakarta about Rp1,000,000 but in fact, money that comes out just Rp250,000 or less Rp750,000 whereas the contents of my bank account has been reduced Rp1. 000. 0000. I immediately make a report by phone to the BCA Access Center. Furthermore, I also suggested make repeated telephone and written report on the BCA branch, the exact location while I withdraw the money. However, after months of waiting, my money is eaten in BCA ATM did not come back, because by the Bank Central Asia, the transaction is considered successful. Given the frequent cases of money out of the ATM is not in accordance with the nominal transaction as my experience as well as many other customers that was published in various print media, its time ATM owned banks in the country to be examined or audited periodically by an independent body to customers not always the fault of the injured party machine, that what I suggest.

Market Analysis On Jewellery In India

Market Analysis On Jewellery In India 1.0 Introduction Marketing communication plays a vital role while launching a new brand or product in todays cut-throat market. It is a form of persuasion which plays the role to understand the communicators purpose (ethos) and the communication process (pathos) thus in having an influencing effect with the customer(logos) This document describes in-depth the process involved to launch a new brand of jewellery called Cadbury Gems Limited in the Indian market as well as the UK market. 2.0 Cadbury Gem Analysis Cadbury Gem has product line only in the jewellery in gold, platinum, colored gems and diamond. By 2015, its main focus will be on corporate social responsibility while operating any process. It has plans of launching Teenager Collection of white jewellery by 2014. Their main competitors are Tanishq and Gili. 3.0 Market Analysis on Jewellery in India The Indian jewellery market is large and consist of unbranded where branded jewellery accounts only for less than 2% per year and 300,000 consists of unorganized one. The dominant players in the field of jewellery manufacturing are Italy, Hong Kong, China, Thailand, United States. Leading player in the Indian jewellery are Gili part of the Gitanjali Gems Limited and Tansihq, Reliance Jewel, Joyalukkas. 4.0 About Cadbury Gems The Cadbury Gems Limited will cater the primary target women and secondary target men in the age group of 25-40 years in the domestic market and the international market. It will provide a differential advantage by providing Personalized Service for loyal customer in terms of design and patterns and expert advice on wedding jewellery in the UK market. 5.0 PEST Analysis Political The Indian Government has taken up measures to lower import duty of platinum and gems ,colored stones are exempted from tax .There are plans of Indian Government to establish Diamond Bourses. Economic Due to the global economic recession, Indias gems and jewellery export and import also got affected it.The dynamic change in the exchange rates of pounds and INR affects the domestic as well as international market .It affected the GDP of Indian economy and thus lessen the consumer expenditure too affecting the sales. Socio-Cultural The socio and cultural plays a huge role in the Jewellery market of India as jewellery is considered to be a tradition from ancestral time and it is a necessity in many of its cultural occasion . Technological India has become the leading manufacturer in terms of jewellery because of its advanced technology and according to GPEC there is a rise of 18% to 407.36 lakh carats for cut and polished diamond. 6.0 Competitor Analysis 6.0.1 About Tanishq Tanishq is one of the pioneers in branded jewellery and largest jewellery brand in India founded in 1995 AT Hosur, Tamil Nadu. It is a part of Titan Industry-group endorsed by the Tata Group. It has 118 stores in 76 major cities of India and has a market share of 50% in branded jewellery. Tanishq product lines consist of the following: Tanishq Diamonds Tanishq Gold Tanishq Platinum 6.0.2 Segmentation Tanishq has segmented its consumer based on the three types. They are segmented as follows: Behavioral Tanishq exemplifies behavioral segmentation as it portrays purchase occasion based on festival like diwali, akshaya, tritiya, karva chauth. It also segment its jewellery as everyday wear, special occasion wear and wedding wear like Lightweight Colours an everyday wear, Enamel and Diamonds Psychographic and Profile It also shows profile and lifestyle segmentation as it segments its jewellery called Collection G called nine-to-five jewellery. It also has collection called All Day Diamonds which are affordable and can be worn throughout the day 24 *7. It also tries to capture the different designs in new region like Bengali design in Delhi, Kerala style in Tamil Nadu etc 6.0.3 Targeting Differentiated: Different marketing mix are applied for each segment. Customized: Different marketing mix are applied for each customer. Differentiated marketing and customized marketing strategies are used. Its design was created for niche market for elite Indians but then concentrated on mass marketing. It targets women who are modern yet grounded and men who are above 25 years. 6.0.4 Positioning Uses product repositioning and act as a brand for elite people in India of international brand but then re-positioned in the market as Jewellery for adornment. Tanishq has come up with Aamra mix of western and traditional .It position the brand which provides trust and guaranteed purity. 6.0.5 Communication Strategies Tanishq Pull Strategy Advertising To create brand equity it uses the approach of 360 degree. They focus on celebrity endorsement as people in India are highly obsessed with the celebrity and create a huge impact and associate with events like marriage , diwali,raksha bandhan. Print advertisement Tanishq target the leading woman magazine like Femina, Filmfare which are very popular in India and other leading newspaper like The Times of India and such advertisement are frequent during occasions and it is quite seasonal. Tanishq Push Strategy Sales promotion and associating with Events Tanishq has a tie-up with Bollywood movie like Paheli. Promotion like Free Gold Coin Campaign, then Freeze Your Gold Price during the festival of Dhanteras are used. Public Relation Recently they have organized Diamonds of Class which target woman who are bold and the beautiful where Tanishq diamond complementing her lifestyle. Direct marketing Internet Sales and catalogues are used. Offers and Discount It offers and discount in festive occasion like Diwali, Mothers Day, Valentine Day, Environment Day and also target specific segment of working woman by coming up with the collection called Tanishq Collection-G .It also organizes joint promotion with LOreal and Wills Lifestyle. 6.1.1 About Gili Gili is a part of the Gitanjali Gems Limited (GGL).Gili is founded in 1994 and it is symbolizes youth, love and emotions has its headquarter is based at Mumbai. It is known for producing a heart-shaped diamond of 0.03 carat and 25 patented patterns. It has 3000 retail outlet in India and contributes a share of 40% in an organized jewellery market. It has a market share of 8.3%. Gili has collection of Work Valentine Traditional Teens Mens Collection Mangalsutra 6.2.2 Segmentation Gili segment based on the following: Behavioral Gili has segmented based on purchase occasion like Valentine, wedding, birthday, anniversary and has Valentine ,Mangalsutra,Traditional collections. Profile and Lifestyle Gili again has work collection .They have the Men collection and have jewellery based on the income like segmenting the jewellery with price. 6.2.3 Targeting Gili follows the differentiated and mass marketing. It creates a sense of high-quality studded diamond of contemporary design. They have the collection for working woman in particular. They have targeted even the men with Mens collection.They target in the age group of 15-30 years of age. 6.2.3 Positioning Image repositioning its brand as a brand which represents trust by adhering to authentic certification, quality and reliable by keeping standard practices .It creates a differential advantage by positioning as a brand that created the first 0.03 karat heart-shaped diamond the smallest in the world. 6.2.4Communication Strategies Gili Pull Strategy Advertising Bipashu Basu is the brand ambassador and endorses the products by associating it with events like Valentine day. Print Advertising in leading newspaper like The Telegraph, Times of India and advertising in leading magazine like Filmfare. Gili Push Strategy Events Indians are fascinated by the celebrities so they organized star visits and sponsoring films like in Vivaah,Krissh .They also sponsored the Lakme Fashion Week and Femina Miss India Contest. Joint- Promotion It is done through retailer like Shoppers Stop. Direct-mailers and catalogue They employ this strategy and received a huge feedback and have increased the sales enormously. 7.0 Launch of Cadbury Gem in India 7.0.1 Communication Objectives To generate brand awareness of 60% of Cadbury Gem to both men and women who are in the age group of 25-40 by March 2012. To create a brand image that can be trusted and caters Personalized Service in terms of design. To change peoples attitude that jewellery can also be worn by men often. 7.0.2 Communication Strategy Pull strategy will be used to create awareness. To create brand image of trust which caters Personalized Service profile strategy will be used. Communication appeal will be more of emotional like the experience associate with the festive season and events and the benefits and a bit of rational like the price and the quality it will offer. The perceived risk will be financial risk. 7.0.3 Segmentation Cadbury Gems will segment based on Behavioral It will be based on purchase occasion, purchase behavior, usage segmentation. Purchase occasion As done by the contemporary, it will make use of occasions like Wedding Anniversary, Birthdays and important Indian festival like Raksha Bandhan,Holi. It will create collection such as Festive Collection suitable for any festival and All in One Occasions collection. Purchase behavior It will target the innovators who are ready to take risk in buying the product as soon as the launch is done. Usage segmentation: It will target heavy as well as light user i.e women who are already using and men who just contribute 20% of the jewellery purchase. Belief and Values It will target men and women who believe in living and celebrating life. Psychographic It will used lifestyle and personality segmentation. Lifestyle It will target women who are sophisticated as well as ordinary women of simple lifestyle. For men, it will target metrosexual men and has collection called Exclusive for Men. Personality It will aim at people who are innovators who accepts the new product soon and who are expressive where Cadbury Gems portrays who they are. It will have collection called Itz Me. Profile: It will use age as criteria to segment. Age It will target men and women who are in the age group of 25-40. 7.0.4 Targeting It will use differentiated and customized marketing. It will design its jewellery for men and women in the age group of 25-40 years with specified design of their choice. The customer can come up with its pattern and specification of their choice and it will take minimum lead days of 10 days to deliver to their customer. 7.0.5 Positioning: Perceptual Map: High Price Tanishq Gitanjali Gems Limited Reliance Jewellery Wide Product Range Cadbury Gem Narrow Product Range Joyallukas Low Price Fig: Perpetual Map It will use tangible repositioning for the mens collection as it will focus on mens section by creating Exclusive for Men Collection. For the womens section it will use product repositioning by introducing Itz Me collection, All in One Occasions, Festive Collection. Differential advantage will be achieved by positioning as a trusted brand which provides Personalized Services employing designers who can give feedbacks about the design the customer comes up and suggest expert ideas to the customer effectively and efficiently. 7.0.6 Message The aim of the campaign is to create brand awareness among the women who are the primary target and also the secondary target men both in the age group of 25-40 years and also to create an impact as a brand that cater the customers needs by giving Personalized Service to those customer who are loyal to Cadbury Gems. 7.0.7 Launch Date The advertising campaign will run throughout the year starting from April 2011 till the end of March 2012 giving main focus during the festive season like November, December as these are the season where major festivals occur in India. It is expected to launch its product in April 2012. 7.0.8 Budget  £20 million will be allocated as people are not aware of the products therefore huge amount needs to be invested in campaigning and advertising. 8.0 Integrated Communication Plan Integrated Communication plan plays an important role to pass the same message to the targeted audience in a consistent way so that they are not confuse, mislead if it employs different communication channel without integrating . It will used both above the line and below the line strategy and profile too. 8.0.1 Above the line Advertising on TV Advertisement will be put on popular channel like Sony ,Star Plus, Zee TV,C olors where popular soaps and serial are transmitted. Justification Impact large audience in a short span of time and helps to increase word of mouth. Short lead time Target the women of age 25-40 and put the ads in between popular soap and serials likeUttaran,Jyoti,Balika Vadhu. Frequency of the Ad will be like 7-8 times in the channels mentioned above. Magazines and Newspaper Advertisement will be placed on leading magazine like Woman Era, Outook, Readers Digest and on leading newspaper like The Hindu,The Economic Times as these are the magazines read by corporate men and women. Justification The ad will remain as long as the magazine and newspaper are kept. Target both the men and women through this channel of communication Credibility of the information is high. Metrosexual men and corporate consumer youth will be targeted easily. FM Radio Short Ad with be played in major FM station like Radio City and Radio Mirchi and Meow. Justification Low cost. Can reach large consumers faster with short lead time and Ad will be placed more around 9-11 A.M and 5-7 P.M the working hours of most of the company and timing for college goers too. Medium to high salaried people, youth who are fashion conscious of both the sexes will be reached easier. Billboards 15 X20 billboards will be placed especially near the mall, cinema -theatre, plazas and area where colleges and companies are more. Justification Comparatively involves lower cost and frequency of exposure is high. Information and persuasion can be done effectively and efficiently leading to brand awareness. 8.0.2 Below the line Direct Marketing Mails will be sent to such customer about the designs and new collection. It will target the loyal and frequent buyer of Cadbury Gem by giving loyalty card and points to those regular buyer. Customer which exceeds 1000 points will be given free Personalized Service giving expert expert advice to the design the customer has come up. Justification It will give good return of investment of if clear database is maintained about the customer. After achieving the brand awareness of 60%, direct marketing can be used to create profile strategy projecting as a brand of trust and customer oriented. Sponsorship and Exhibition It will sponsor and associate with Bollywood Movies to showcase its collection. It will also sponsor the major ramp shows held Lakme Fashion Week and events like Femina Miss India Contest, Zee Cinema Awards and organize exhibition where popular male celebrity John Abraham will be the brand ambassador Justification Helps in rectifying the customer perception and beliefs. To attract new customer and attain new customer. Chances of face-face meeting with the potential customer thus enhancing relationship building. E-media It will make use of the social networking sites like Facebook,Twitter and Orkut which are quite popular to promote their products. Justification Relatively cost-effective. Information can be spreaded like wildfire thus increasing word of mouth. 9.0 Launch of Cadbury Gem in the UK Market 9.0.1 Communication Objective To create an awareness of 5% among the non-resident Indian in the UK market by March 2012. 9.0.2 Communication Strategy To create an awareness of 5% among the non-resident Indian in the UK market by using both push and pull strategy. 9.0.3 Segmentation Cadbury Gems will segment based on behavioral,psychographic,lifestyle and personality as done in the domestic market. It will adopt the same strategy. 9.0.4 Targeting The strategy of targeting remains the same as in the domestic market i.e differentiated and customized. 9.0.5 Positioning Intangible positioning will be used for the men by introducing Western Mens Collection. Product positioning will be used for women and it will introduce Elegant Collection and will position as a brand that provides special attention on design and pattern on occasion of the wedding. 9.0.6 Message Its aim is to create awareness in the same sector and also to create a brand image which provides special assistance for wedding jewellery by introducing its Sophisticated Jewellery for Wedding with expert advice on design and patterns. 9.0.7 Budget Only  £10 million will be invested in campaigning and advertising. 9.0.8 Above the line It will use advertising on TV on the same channels as in domestic market ,advertisement will be displayed on magazine like Marie Claire,Vogue and Cosmopolitan exclusively. Justification NRI in UK invest their time and money on such hi-fi magazine and moreover they find the information credible. 9.0.9 Below the line It will use public relation like exhibition, sales promotion and e-media. Exhibition The exhibition will be especially for the NRI like Sophisticated Jewellery for Wedding with expert advice on design and patterns, Western Mens Collection for men and Elegant Collection for women and letting the celebrity like the former Miss World 1995 Aishwarya Rai Bachchan the brand ambassador of Cadbury Gem in such exhibition as glamour and glitz business impacts NRI in a huge way. Justification Creates awareness more as compared to other form of media. It gives a direct feedback from potential customer, face to face communication and it is an ideal way to attract new customer when new products are launched. Sales Promotion: Offer like free accessories i.e ray-ban sun glasses, branded make-up kit and discount of 20% will be given to customer who buys  £420 of jewellery. Justification It will attract the new customer and may boost up the sales when the product is too new in the market. E-media : It will make use of the social networking sites like Facebook,Twitter only as Orkut is not in use by the NRI. The reason for using this is that majority of the NRI are computer savvy.. 9.0.10 Cultural Influences for UK launch A niche market will be used to target the non-resident Indian (NRI) and there will not be huge impact of cultural influence but in terms of jewellery design it should be more sophisticated and elegant and a mixture of Indo-Western. 9.0.11 Assessing Advertsing Effectiveness Pre-testing Focus group and concept testing can be used before the launch. Post-testing Enquiry test, feedback, surveys can be used to test the recognition and recall test. This will give an idea whether the customer has accepted the product or not, if yes how much, if not where it has to give focus. 11.0 Conclusion Cadbury Gem jewellery will be launched in both the domestic i.e India and international market i.e UK keeping into consideration the various strategy and tactics that needs to be considered while launching in different market. 20million INR will be spent in the domestic market in advertising as it is competing with already established jewellery brand Tanishq and Gili. It will allocate only  £10million INR for the international market as the objective is to create awareness of only 5%. References Bhat.H Retailing, Tanishq [online] available from [26th February,2011] Bhat.H (2004)Growing the Branded Jewellery Market: An Indian Experience [online] available from [23th February, 2011] Business Map of India India Gold Market [online] available from [12th March,2011] Data Monitor Jewellery India [online] available from [12th March, 2011] Choksi.M (2010)Leader Speak [online] available from [26th February, 2011] Commodity Online Gold Industry in India to cross $26 billion by 2012 [online] available from [12th March, 2011] Data Monitor Jewellery India [online] available from [12th March, 2011] Diamond World News Service Role of Gem and Jewellery Industry Lauded in Indias Prowess [online] available from [19th February, 2011] Drobis.D.R (1998) Integrated Marketing Communications Redefined Journal of Integrated Communication Gili Beautifully You [online] available from [1st March, 2011] Gitanjali Group(2010) Gitanjali Group'[online] available from [1st March ,2011] Indian Brand Equity Foundation (2010) Gems and Jewellery [online] available from [12th March, 2011] Jewellery (2010) Jewellerry -India Euromonitor International: Country Sector Briefing Kannabiran.G, Bhaumik.S (2005) Corporate turnaround through effective supply chain management: the case of a leading jewellery manufacturer in India Supply Chain Management: An International Journal, 10(5)340 348 Kanani Industries Limited Kanani Industries Limited 27th Annual Report [online] available from [19th February, 2011] Narayanan.S,Manchanda,Puneet,Chintagunta.P.K (2005) Temporal Differences in the Role of Marketing Communications in New Product Categories Journal of Marketing Research, 42(3)278-290 Narayanandas.D (2006) Tanishq: Positioning to Capture the Indian Womans Heart [online] available from http://www.credaincr.org/archive_news_details.php?nid=8531m=12y=2010> [19th February,2011] NewsJewellers find star-studded show a hit [online] available from [26th February, 2011] PoulHoumanAndersen (2001)Relationship development and marketing communication: an integrative model, Journal of Business Industrial Marketing, 16 (3)167 183 Rao.A (2011) Tanishq goes retro in new Diamonds of Class still campaign [online] available from [26th February, 2011] Whalen D.J (2010) Ethical Advertising Messages Design Management Journal 2(4)75-80