Ethical Issues in the Pelican Brief - 1372 Words

In the hit book, The Pelican Brief, John Grishams depiction of lawyers who will do anything for money and their clients presents an interesting ethical dilemma. In the book, two Supreme Court justices are killed by a hired assassin, Khamel. FBI, CIA, and the press are working hard to find who the killer is. The only people who know the truth are attorneys from White and Blazevich, Nathaniel Jones (also known as Einstein), Jarreld Schwabe, Marty Velmano, and F. Sims Wakefield and their client, Victor Mattiece. The action commences when Darby Shaw writes a brief about who she thinks is responsible for the deaths of two Supreme Court Justices, Rosenberg and Jensen. She shows the document to Thomas Callahan, her professor and lover. He†¦show more content†¦Collecting the fee up front is certainly consistent with the practices of many practical and ethical lawyers. Unless there is a written fee agreement, and there is certainly no evidence to support the existence of one in the b ook, funds paid by a client at the beginning of the representation are presumed to be an advance fee payment. Advance fees, of course, must be deposited into a trust account, and withdrawn only when earned. Retainers aren’t usually â€Å"†¦ten percent of the net profits from the wells,† and real lawyers must know the requirement (Grisham 339). One of the solutions to this ethical dilemma could be to sign a retainer. If White and Blazevich attorneys want money, why wait? Let Mattiece sign a retainer, pay them, and wait for Court’s decision. Nathaniel Jones (also known as Einstein), Jarreld Schwabe, Marty Velmano, and F. Sims Wakefield are all relying on being paid for their services after the decision on the case. They could save a lot of money and avoid jail if they would follow standard Model Rules. Just because F. Sims Wakefield â€Å"†¦was very close to Victor Mattiece and often visited him in the Bahamas,† it is not an exception to conflict- of-interest situations. Even if Victor Mattiece is a friend of F. Sims Wakefield, he should pay for services rendered, or the attorney couldShow MoreRelatedDignity Is The Foundation Of Our American Criminal Justice System1732 Words   |  7 Pagesthat dignity should be the foundation of our American Criminal Justice system. As I will discuss in the following paragraphs, Brown V. Plata has allowed for a number of substantial improvements in the moral and ethical treatment of incarcerated individuals. To begin, I’ll provide a brief account of dignity, incorporating the ideologies of Anthony Kennedy and Michel Foucault to supplement my own account. Foucault held that protecting human dignity for those who were incarcerated created a space forRead MoreThe Moral And Ethical Treatment Of Being Respected And Treated Humanely1702 Words   |  7 Pagesfollowing paragraphs, Brown V. Plata has allowed for a number of substantial improvements in the moral and ethical treatment of incarcerated individuals. Additionally, I will interpret the view of human dignity throughout early and modern America by offering a critical analysis on felon disenfranchisement, solitary confinement, and the supermax in Modern America. To begin, I’ll provide a brief account of dignity, incorporating the ideologies of Anthony Kennedy and Michel Foucault to supplement my ownRead MoreResearch Paper John Grisham1868 Words   |  8 Pagesthe people. 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Organizational Social Life in Urban Places An...

How organization social life urban places play ethnography Anderson argues that common rhythms of societal response can be identified in similar public spaces. It is clear that the way individuals behave in noisy environments where they are constantly avoiding interaction with objects and bodies differs from convivial mingling. Alternatively, Anderson claims that places that exhibit similar patterns of vitality, usage, and organization have similar social traits (Anderson 67). To illustrate this, relatively busy and safe spaces open any frenzy is given slight regulation regardless of whether these spaces are libraries, museums, retail centers, squares, or parks. It appears that these places are marked by the ethos of researched trust in the situation. Mechanisms are used to negotiate bodies and space in these environments. These mechanisms appear to render the familiar strange and the strange familiar. Transactions are carried out in a safe and efficient manner: threat resulting from anticipation of violence, anxiety, and fear is always avoi ded. The participants have appreciated the benefits consciously and tactful in public places. Social experiences in public places domesticate diversity and complexities in urban places (Burfeind 18). Forgetting of the social and cultural accomplishments are likely to occur because of the myriad self-interest, rapid and continual influx, increased unfamiliarity and cities of immense diversity. This pattern of collective response hasShow MoreRelatedA Brief Note On Social And Cultural Theory3491 Words   |  14 Pagesare analysed by highlighting the sorts of social theory that have been applied and developed in them, and how they ‘lighten what we perceive and experience’ in our early years, families, career lives, identity tussles and political orientations. 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Human Resource Strategy Implementation and Impact

Question: Discuss about the Human Resource Strategy for Implementation and Impact. Answer: Introduction: This report has been constructed to give an idea about the sustainable human resource management. Human resource management has taken an important place in the organizational structures due to its ability to manage different situations, sometimes complications concerning to the human capital. On addition, human resource management covers a vast area to handle the activities from recruitment and selection procedure to the development, wage system and the employee retention. Here, the paper has been done on a particular case of First Hospital. CEO of the hospital requires an acknowledgment on the importance of a proper separate authority of the Human Resource Management (HRM). This report has detailed on the validation behind the construction of this report. Theory related to the human resource management has also been given here. Apart from that, this report has made few recommendations for the CEO of the hospital so that he could adopt an appropriate measure for the good of the hospital. Furthermore, this report has also responsibly delivered an explanation on the different major features of the Sustainable Human Resource Management. Analysis on the topic: Researchers had started to discuss on the opposite approach of the human resource management long before. However, the discussion has been given more attention due to the emerging trend of the organizational context and the market scenario. Human capital is the main asset of an organization and is responsible for the success and maximum production of a firm (Bamberger, Biron Meshoulam, 2014). Critical issues can arise in an organization from different aspects such as payroll, working culture, working schedule, work-life balance, recognition, decision making and so on., Bratton and Gold (2012), mentions that healthcare service requires 24/7 attention -from service providers to the clients and patients; thus, the entire working scenario can be very stressing for the employees. To manage such situations adequate knowledge and proper strategic evaluation is necessary from a human resource manager. Here, the First Hospital lacks a proper human resource management structure for its workfo rce. Consequently, it has become a puzzled situation for both the authority and the employees of the organization. As mentioned by, Buller and McEvoy (2012), if an organization lacks a supervising and controlling authority, employees lack motivation which gradually results in lower performance, low rate of employee retention (high employee turnover), absenteeism and turnover and poor service quality. To obtain a positive recognition in the market and shine out among the competitors an organization should strictly follow human resource management guidelines and approaches (Delahaye, 2015). Being a CEO, he or she must understand the fact that a stable base of HRM makes the organizations foundation stronger. This report has focused on exploring and analyzing the current situation, identifying and specifying the organizational issues, and suggests practical and probable solutions and how HRM is important for a firm. Sustainability in case of human resource management is increasing in popularity day by day. This is due to HRMs ability to balance between the employees and management and organizations needs (Dias, 2016). In an attempt to make the topic easier to understand a theory can be followed to understand major factors that should be looked after by the company to make the employees satisfied and attached with the organization. Here, Herzberg's theory has been discussed to be aware of the factors: Herzberg proposed a two-factor theory to obtain the employee satisfaction and make them motivated towards their work. These two factors are motivators and hygiene theory. Motivators: These factors give the employee positive feelings towards the company policy, rules and regulations (Ehnert Harry, 2012). Motivators involve recognition of the performance, having importance from the organization, involvement into the decision-making processes, accomplishment of challenging work etc. This dimension helps in the personal development and improvement of the performance. Hygiene theory: Hygiene theories are responsible for creating any dissatisfaction among the employees (Jackson, Schuler Jiang, 2014). Hygiene factors include job assurance, salary, working condition, monetary benefits etc. These factors are called Hygiene factors because these can be maintained by the organizations so that dissatisfaction of the employees can be avoided. This theory is relevant to this topic because it will help to understand that these factors should be maintained by the human resource management while handling the employee issues. Recommendation for the CEO of the First Hospital: First Hospital lacks a functional structure of the human resource management and the CEO has neglected the issue employees are facing due to the absence of management for their concern. As mentioned by, Kramar (2014), if a comparison can be drawn between the two companies from similar industry and with similar strength, however, one with HRM and another one without HRM, it could be easily found that the company which is lacking the HRM facility is more vulnerable to any kind disruption in the organizational structure. To make the fact clear, Mello (2014), mentioned that employees get easily demotivated and confused over various instructions from different authority if there is no HRM to guide them properly. Moreover, tend to leave the company is also high if there is no such distinct governing body of human resource management. Recommendations are as follows to help the CEO of First Hospital in the improvement of the current situation: Recognition of a separate entity for HRM: The CEO should immediately recognize the importance of the HRM in the context of disturbed condition across the organization and instruct to form a separate authority of the HRM to follow up the issues related to the employees. Cooperate with the HRM: Cooperation between the human resource management and the authority of the company is one of the major steps because it is the ultimate step to eliminate the conflicts and any kind of contradictory situations across the organization (Mondy Martocchio, 2016). CEO must announce the expectancy of the suggestions of the human resource management is mandatory so that human resource department can be encouraged to take decisions on its own. Formation of trustworthy relationship: Sometimes the employees, as well as the senior authorities, get disappointed with the provisions of the human resource management; however, the authority of the company must acknowledge and trust on the knowledge and strategies of the human resource management that has been taken for the sake of the employees as well as the organization (Riley, 2014). If the organization relies on the activities of the HRM, it would be helpful to take more challenging steps that can be proved beneficial for the enterprise. Holding communicative relation: Communication is one of the major approaches that is important to make the relationship between any two dimensions effective and functional (Storey, 2014). If the CEO is frequently connected with the HRM department it will help the CEO to be aware of the activities across the organization and performance of the employees. Moreover, the CEO will also be aware of the differences that have been made by the activities of the HRM. Evaluation of the feedback: This measure has been recommended to understand how the HRM has developed the previous structures through the effective approaches to the human resource management. For the practical approach of this step, the CEO can organize conferences and meetings with the HRM and any selected representative of the employees and ask for the feedback from them. In this regard, survey can also be conducted to know whether recognition of the human resource management for the hospital is viable or not. Features of the Sustainable Human resource management: Sustainable Human Resource Management is the approach where the company involves the development of the human resources to enhance the quality of the knowledge and performance along with obtaining a long-term vision for the organization by maintaining effective relationship with the partners and stakeholders of the company (De Cieri Kramar, 2005). The main objective is to nurture the qualities and competencies of the employees so that better recognition of the organization can be obtained. As mentioned by Maley (2014), sustainability in human resource management acts as a driving factor that can make the organization competitively strong. The major characteristics of the sustainable human resource management are: Employee selection and their development: It is important because it is the primary step for an organization to make their goal successful. The HRM must consider those employees who have basic knowledge about the work and potentiality to accomplish the given task (Jiang et al. 2012).After selection of the potential employees, the HRM can undergo the developmental session if it finds that employees are required training sessions to improve their skill and knowledge. Go hand-in-hand with the shareholders and partners of the organization: It is another important approach to holding a sustainable management. This approach helps the organization by preparing it for a long run in the business. As mentioned by, Clarke and Patrickson (2013), if the organization does not share any goodwill with its partners it will definitely affect the activities as well as hamper the performance of the employees. Moreover, an effective relationship among the stakeholders, partners and other institutions is necessary to maintain the continuity of the functions of the organization. Focus on the employee satisfaction: Sustainable approach of the human resource management majorly looks after the employee satisfaction (Ehnert Harry, 2012). To make the employee satisfied different approaches are taken such as recognition of the performance of the employees, provision of the monetary compensation, maintenance of the health and safety issues, working culture, flexibility in the working schedule and work-life balance. These approaches are influential in improving the quality of the performance of the employees. Moreover, it also helps in employee retention for an organization. According to, Storey (2014), employees feel secure and important if their basic requirements are fulfilled by the organization. In this regard, it can be said if an organization follows sustainability in the working culture it encourages the employees to participate in the various activities of the organization. Moreover, the HRM asks the employees for the contribution in the decision-making pr ocess. Furthermore, the Herzberg's two-factor theory, as mentioned above is also valid in this context as an organization with the approach of sustainability used to follow the provisions of the theory to make the employees satisfied with their working life. Conclusion: Therefore, this report has covered all the aspects to satisfy the requirement of the topic. It has clearly stated the issue that has occurred with First hospital. To maintain an analytical approach to the content, this report has included a theory on the employee satisfaction. Herzberg's motivation and hygiene theory has been selected in this report. As the CEO of the First hospital is least considered about the current situation of the organization that involves the absence of a proper human resource management authority, recommendations have been given to make this report approachable to the present scenario of the First hospital. Moreover, this report has included a detailed account of the sustainable human resource management. Various approaches have been discussed here on the different measures of this approach so that the report could be helpful. This report has positively established the measures of the sustainable human resource management along with maintenance of the accountability on the recommendations; hence, this report can be further revised while doing any extensive research on this topic. Reference list: Bamberger, P. A., Biron, M., Meshoulam, I. (2014).Human resource strategy: Formulation, implementation, and impact. Routledge. Bratton, J., Gold, J. (2012).Human resource management: theory and practice. Palgrave Macmillan. Buller, P. F., McEvoy, G. M. (2012). Strategy, human resource management and performance: Sharpening line of sight.Human resource management review,22(1), 43-56. Clarke, M., Patrickson, M. (2013).12 Human Resource Management in Australia.Managing Human Resources in Asia-Pacific,20. De Cieri, H., Kramar, R. (2005).Human resource management in Australia: Strategy, people, performance. McGraw-Hill Australia Pty Limited. Delahaye, B. (2015).Human resource development.Tilde Publishing. Dias, L. (2016). Human resource management.Human Resource Management. Ehnert, I., Harry, W. (2012). Recent developments and future prospects on sustainable human resource management: introduction to the special issue.Management revue, 221-238. Jackson, S. E., Schuler, R. S., Jiang, K. (2014).An aspirational framework for strategic human resource management.The Academy of Management Annals,8(1), 1-56. Jiang, K., Lepak, D. P., Hu, J., Baer, J. C. (2012). How does human resource management influence organizational outcomes? A meta-analytic investigation of mediating mechanisms.Academy of management Journal,55(6), 1264-1294. Kramar, R. (2014). Beyond strategic human resource management: is sustainable human resource management the next approach?.The International Journal of Human Resource Management,25(8), 1069-1089. Maley, J. (2014). Sustainability: the missing element in performance management.Asia-Pacific Journal of Business Administration,6(3), 190-205. Mello, J. A. (2014).Strategic human resource management. Nelson Education.Nickson, D. (2013).Human resource management for hospitality, tourism and events.Routledge. Mondy, R., Martocchio, J. J. (2016).Human resource management.Human Resource Management, Global Edition. Riley, M. (2014).Human resource management in the hospitality and tourism industry.Routledge. Storey, J. (2014).New Perspectives on Human Resource Management (Routledge Revivals).Routledge.

Supporting Good Practice in Performance and Reward Management free essay sample

Explain at least 2 purposes of performance management and its relationship to business objectives A purpose of performance management is motivating staff. By investing in and training employees, giving them opportunities for promotion, this allows employees to grow professionally and personally and gives them career advancement. This then improves their contribution to the business and therefore helps the business to achieve its objectives. Another purpose of performance management is to monitor performance – good and bad. Performance needs to be managed and addressed in a positive way, so that the employee is aware of what is expected of them at all times. Good performance needs to be rewarded so that the employee feels that their efforts have been recognised – this can be done by offering training, job rotation/job enlargement and a career plan for promotion. The commitment and increased skill set from the employee will then contribute to the company achieving its business objectives, and possibly increasing business for the company due to extra expertise from employees learning new skills through training and development. We will write a custom essay sample on Supporting Good Practice in Performance and Reward Management or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2. Identify 3 components of performance management systems Three components of performance management systems are Career Development, Rewards, Performance Planning and Objective setting. Career Development: The company ensures the development of individual employees by offering further training, coaching, job rotation and job enlargement. Looking at future job opportunities for the employee and ensuing that a plan is put into place so that the employee can move in these opportunities. Rewards: Rewards can be financial and non-financial – non-financial rewards include public recognition for a job well done – employee of the month schemes are an example of this where an employee is congratulated on their efforts in front of their team/the company. Financial rewards can be salary increases and bonus payments related to reaching targets set. Performance Planning and Objective Setting: This allows the company to give clear direction of what is expected of the employee, so they know what their goals and objectives are as an individual and how the employee contribution helps the company to reach its business objectives. 3. Explain the relationship between motivation and performance management, referring to at least 2 motivational theories There is a direct relationship between motivation and performance management employees need to be motivated to achieve their aims and objectives and to perform well in their position. They need to be motivated by various different factors in order to feel fulfilled and motivated and therefore will perform well in their job. Maslow’s theory on motivation is that each of us is motivated by needs and there is a hierarchy of needs and each need has to be fulfilled in turn before a person is motivated. The first needs are basic survival air/food/drink/shelter/warmth/sex/sleep etc – these are achieved by paying an employee a good salary for their position, benefits and offering acceptable working conditions. Next are safety needs – shelter, security, stability, an organised world – these needs can be met by job security, a clear organisational structure and giving the employee a clear understanding of what their job role is. Next come Social needs – a sense of belonging, contact, friendship, love and affection – these needs can be met by the employee being part of a team at work, good communication within the company and possibly offering social clubs/organising social gatherings/outings for employees. Next Maslow explains that we have esteem needs – status, recognition, strength, confidence, respect from others – these needs can be met by job status, promotion prospects and positive feedback from management and team members. Next and lastly is the need for self-actualisation – to develop ones full potential, self-fulfilment – these needs can be met by being given new challenges and the opportunity to develop new skills and also being given control over their own work. According to Maslow all of these needs to be met in order for a person to be motivated. Frederick Herzberg’s motivation theory was that people have hygiene needs because they are unhappy without them – security/status/personal life/salary/work conditions/supervision etc , but once they have achieved these hygiene needs – the satisfaction wears off and they become dissatisfied once more. Herzberg research identified that â€Å"true† motivators were different i. e: achievement, recognition, work itself, responsibility and advancement. Therefore all basic factors need to be in place at all times, and then different motivators needed to be applied, possibly at different times, in order for them to feel motivated. These would depend on the employees personal goals and aims and what motivates them individually. 4. Identify 2 purposes of reward within performance management system Purpose 1 Reward within performance management can be monetary and non-monetary. Reward is important within performance management as the employee needs to be re-assured that their performance and contribution are valued. They need to be reassured that their efforts contribute to the overall aims and objectives of the whole company. Reward helps to maintain employee motivation. Purpose 2 Another purpose for reward within performance management is the recruitment and retention of talent. Offering reward in exchange for expertise, encourages new employees to the business – employees that have had to find skills, which will have a positive impact on the business. Reward is also important so that the business can retain talent within the business and grow and develop these employees to benefit the business. . Describe at least 3 components of a total reward system, 1 of which should be non financial Component 1 Individual growth is a component of a total reward system. Investing in your employees is important, developing and training them, offering them career enhancement. Component 2 Financial package – this is an important component of a total reward system – the basic pay, plus fri nge benefits – car allowance, private health care, performance related bonuses – all of these make up a financial package that makes an important component of the total reward system. Component 3 A positive workplace is a component of a total reward system – good leadership is important – employees need to know what is expected of them and what their aims and objectives are – they need support within their role, be confident that there is trust and commitment from their employer. A safe and pleasant environment to work in is also important, so that they feel that their employer cares for their welfare. 6. Explain the factors that should be considered when managing good and poor performance There are several factors that should be considered when managing good and poor performance : Checking communication systems: The company needs to ensure that all employees are aware of what is expected of them, that their aims and objectives have been communicated to them, and that they understand and agree with how these aims and objectives can be achieved – also ensuring that employees have access to this information and they know where to find the information if they are unsure. Counselling/Support: The company needs to consider the counselling and support services that are in place – is there a sufficient counselling and support service available for the employees to use if they need it? Having support from team members is important, as well as support and guidance from Management. Also offering access to support and counselling for non-work related issues that can have a direct impact on employees performance at work. Rewards and Incentives: When managing good performance, a reward and incentive scheme needs to be considered to show employees that their performance is recognised and appreciated and this then encourages employees to achieve and exceed their personal aims and objectives. Rewards and incentives also makes employees feel valued and encourages employee loyalty. Training and Development: A relevant and forward thinking training and development plan needs to be considered when managing good and poor performance – when bad performance is being managed, it may be recognised that the employee does not have the right skills and experience to perform their role, they can then be given training and development to ensure that they can fulfil their job role and meet their aims and objectives. 7. Describe at least 2 items of data, including 1 external to the organisation The company disciplinary procedure can be consulted in order to decide what steps need to be taken in order to manage the bad performance of an employee. This will give guidance on what steps need to be taken to ensure the desired outcome. As the company does not have a Performance Management procedure, they can refer to ACAS to gain guidance on this and any other information they need relating to Reward and Performance Management. ACAS provides free guidance on the most up to date information on employment best practices so if the company needed guidance, they could consult ACAS and be assured that they were getting the correct and required information. 8. Explain the frequency, purpose and process of performance review. Most companies will do an annual performance review with employees. The purpose of a performance review is to give the employee feedback on their strengths and weaknesses and progress in their role. It gives the opportunity for the Line Manager to congratulate the employee of any successes and to also discuss any performance concerns and find the reasons behind underperformance. A performance review also gives the opportunity for the employee to discuss any training needs they feel they have and give feedback on how they feel about the support and guidance they have received from their Manager/the company. A performance improves and encourages better communication within a company and helps to improve performance of the employee. The process of a performance review would be as follows: * Advise Employee of the date and time of their performance review – giving sufficient notice for the employee to prepare for the review * During the review, the Line Manager will discuss strengths and weaknesses of the employee, and talk about achievements and difficulties faced in the past year. Talk about objectives that were set the previous year and if and how these were achieved or not. The employee should be encouraged to discuss any difficulties they faced and discuss suggestions for improvements. Discuss any training and development needs and then set objectives for the next year. All of these discussions need to be recorded on the Performance Review Form and signed by both the Line Manager and Employee. A training and development plan needs to be agreed as well as targets and objectives for the upcoming year so that the employee knows what is expected of them in the future.