Sunday, February 23, 2020
Questions Speech or Presentation Example | Topics and Well Written Essays - 250 words
Questions - Speech or Presentation Example The Industrial Revolution planted the seeds for the erosion of the employment-at-will doctrine. When employees began forming unions, the collective bargaining agreements were formed and the unions had to negotiate with employers frequently because the agreement had provisions in them that required just cause for adverse employment actions, as well as procedures for arbitrating employee grievances. The 1960s marked the beginning of Federal legislative protections (including Title VII of the 1964 Civil Rights Act) from wrongful discharge based on race, religion, sex, age, and national origin. These protections reflected the changing view of the relationship between employer and employee. Rather than seeing the relationship as being on equal footing, courts and legislatures slowly began to recognize that employers frequently had economic advantages when negotiating with potential or current employees. The recognition of employment as being central to a personââ¬â¢s livelihood and well-being, coupled with the fear of being unable to protect a personââ¬â¢s livelihood from unjust termination, led to the development of common-law, or judicial, exceptions to the employment-at-will doctrine beginning in the late 1950s. Employers should use gender neutral terms when advertising for staff. For example, adverts for a postman, waitress, salesgirl, which use a job description with a sexual implication, are likely to violate the Sex Discrimination Act. Occasionally, however, an employer may be able to lawfully discriminate on grounds of sex or race, for example, a department store could legitimately advertise for male applicants to play Father Christmas. On the basis of above facts it is quite clear that Muhammad pursue a claim for discrimination against Joes Bakery since the discrimination has been made on the grounds of racial discrimination by refusing him the
Friday, February 7, 2020
Explain new approaches in respect of how a firm could finance takeover Essay
Explain new approaches in respect of how a firm could finance takeover and acquisition. Identify issues with such approaches, f - Essay Example The strategy adopted by each group is prepared by the management accounting department through analyzing the market, shareholders and the regulatory framework within the industry. In some instances, it may be important to obtain synergies to help analyze the financial and accounting policies applied by each of the companies merging. Although the A&M started in 1980s, the international rate of industrial mergers and takeovers took place during the 1990s. However, the complexity and nature of international operations coupled with other complexities has sophisticated global takeovers and mergers. Mergers and acquisitions normally abbreviated as M&A refer to the corporate strategy aspect, management dealing and corporate finance that involve the selling and buying as well as combining and dividing of different companies aimed at assisting an enterprise grow in its location or sector or venture into a new location or field (Brealey and Myers, 2000, p 89). Such a growth is expected to be w ithout subsidiary, use of joint venture or child entity. Over the years, the distinction between acquisition and merger isà blurred with several aspects especially economic income. Shareholders lawsuits are common in the event that a firm opts to engage financially in an acquisition or takeover and is appreciated as being part of the current market now that they are meritless. Merger lawsuits frequency has increased in the recent years with their life cycle undergoing a complete change. These days, once a merger deal is closed, lawsuits are normally closed. However, some plaintiffs have come out strongly in mergers to refine the way they operate. They insist on keeping such litigation alive even after they have been closed. This is achieved through having extensive discovery more so against the acquirer executives in control of the purse strings. Why mergers and takeovers There are a number reasons cited by firms for mergers and takeovers. However, the most prevalent reasoning cit ed by majority of the firms participating in M&A is profitability and growth sourced from external means. The outsourced growth may be of great economic benefit to the acquirer through increase in the production capacity, product diversification, increased market share, and expansion of the product lines. Some firms cite quantifiable reasons such as tax advantage and increased economies of scale are the main reasons for the mergers. In laying the strategies for merger and takeovers, it is important for the participating firms to focus on their goals and strategies. The management accounting department of the merging firms observes the compatibility of the merging companies to determine the compatibility of the core values and beliefs of these corporations. While quantitative variable provide ideal aspects which makes takeovers and mergers very attractive, their applicability are limited as they fail to portray the clear picture of the scene. Qualitative factors of the merging corpor ations should also be deeply considered. In estimating the real value of each merging firm, intangible factors such as favorable location, the strength of management, and skilled labor force constitute the qualitative aspects of the takeover or merger. Whatever the goal or rationale of the merger, the failure or success of
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