Analysis of Prest v Petrodel Resources Ltd

Analysis of Prest v Petrodel Resources Ltd The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners. It was of key interest as it was a legal cross over between family law and company law. The legal team representing Prest stated that the decision is of major importance not only for family law and divorcing couples, but also for company law, and it is the most important reviews since Victorian times on the law regarding piercing the corporate veil.[2] The principles of lifting the corporate veil for the past eight decades seemed to have never been wholly established as judges always contradicted each other and never reached a unanimous decision. There has been extensive discussion as to whether a court can ignore the principle of separate legal personality and treat a companys property, rights and obligations as belonging to a person who owns and controls the company.[3] The critical points which would be analyse d in this essay would be whether Prest has brought us closer to what the principle of lifting the corporate veil can be defined as, what it entails or whether the whole doctrine should be set aside. It will be argued that the law should not be given its quietus as it seems that judges are somewhat getting closer to an answer. Prest narrowed the circumstances in which the doctrine may apply thus, this could show that decision makers are near the end of a long marathon. On the contrary, it seems that even if the doctrine is set aside, the principles would still be applied unknowingly by judges, it would perhaps not be defined as piercing the veil doctrine. It would possibly be applied in conjunction with other laws which would have the same effect and outcome as piercing the corporate veil. Lifting the corporate veil has been viewed narrowly to be the process used by the courts to either determine what exactly is going on behind the shell of incorporation. The whole concept of lifting the veil was derived from Salomon v Salomon[4] where corporate veil was established. It was held that a limited company was viewed like any other independent person with its right and liabilities appropriate to itself[5] The Salomon principle has been the foundation on which company law and business corporations have thrived on for years.[6] When taking into consideration how the law has developed in this area, Cheung describes that it is evident the House of Lords decision in Woolfson [7] came to be source for guidance in subsequent cases. More importantly, the HL emphasised that it is only appropriate to pierce the corporate veil where the circumstances indicate that the company is merely a faà §ade concealing true facts. However, despite this important distinction, the courts have alwa ys been wary that there must be some limit to the protection afforded by limited liability to ensure that business dealings remain honest. As Lazarus[8] explained no court will allow a person to keep an advantage which had been obtained by fraud[9] This principle underpinned all of the early attempts to pierce the veil meaning that the court will not allow a corporate personality to be used to protect individuals from wrongdoing. Similarly, Lord Sumption explains piercing the corporate veil means disregarding the separate personality of the company[10] Moreover, as per Lord Keith in Woolfson,[11] he states it is appropriate to pierce the corporate veil only where special circumstances exist[12] Consequently, right from the onset, there were conflicting views. The reception which the doctrine received forty years ago is still echoed to this day in Prest. The court reaffirmed in Prest the well-established judicial conservatism approach that the corporate veil could only be pierced in very rare cases[13] Therefore, despite the doctrine not being clear, it is well established that the doctrine is not be considered in all corporate cases but, ought to be considered only rare ones. On the other hand,it can be argued, that the strictness of the approach led to the doctrine existing more as a matter of legal theory than as a feature of legal practice. Prior to Prest, in Lipman,[14]the only way to lift the veil was if the company was regarded as a sham or mere faà §ade. In Smallbone,[15]Sir Morritt brought forward the argument that it is uncertain as to which circumstances a company can be considered as a sham or whether the company need to do something illegal for immorality to suffice.[16] Hence, this suggests that there is no clear structure to be followed. This could create further confusion as to what the doctrine of piercing the corporate veil originally intended to do. Could this perhaps suggest that it is better to abandon the doctrine as a whole rather than to try and figure out what the principle actually proposes to do. This could perhaps create more clarity in the sense that decision makers would know what is not meant to be included in the doctrine. Furthermore, this can be mirrored in Prest where Lady Hale and Lord Wilson doubted whether it is possible to classify all cases neatly into cases of either concealment or evasion[17] Therefore, even to this day there are a lot of question marks as to when and how the doctrine is applied; there are still a lot of unanswered questions which have not been dealt with. It seems that the judges only deal with these when and how it comes. It can be contended that the doctrine is there but, no one has yet connected the dots to see the full picture of what it entails. The fact that none of these questions seem to provide a clear picture further creates problems today as for a doctrine to develop or adapt to the new changes, the reasonings behind the past decision needs to be understood thus, if one cannot do that then how can the doctrine be established. Notwithstanding, since Prest, it is no longer sufficient for a company to show that it is a mere faà §ade or a sham;[18] one must show that control of the company by the wrongdoer was used as a device to conceal the wrongdoing.[19] A new provision on how the doctrine should be established was brought in Prest. Over the past eighty years, there has been many interpretations. Most recently, analysed by Lord Sumption where he identified the concealment and evasion principle. In Prest, Lord Sumption argued for a narrower and clearer approach by restricting the circumstances in which the veil may be pierced. This was because references to a faà §ade or sham beg too many questions to provide a satisfactory answer[20] He attempted to give an explanation; He stated that the veil would be restricted to two principles: the concealment principle and the evasion principle.[21] The concealment principles is the interposition of a company or perhaps several companies so as to conceal the real ac tors[22] But, he noted that this does not actually involve piercing the veil; the court is simply looking behind the faà §ade to discover the true facts.[23] Contrarily, the evasion principle applies where a person is under an existing legal obligation which he deliberately evades by interposing a company under his control.[24] However, despite the two approaches being somewhat clear; Lord Alcock observes that care must be taken because none of the other six justices of the Supreme Court agreed with Lord Sumption without some qualifications[25] He also points out that there is substantial uncertainty surrounding the operation of the evasion principle.[26] Most significantly, Neuberger also found that in cases where piercing the veil was considered, it either did not apply in the facts, or it was applied on the facts but the results could have been arrived at on some other legal basis.[27] On these grounds, this could show that the doctrine does not necessarily need to exist as the same outcome can be arrived on some other legal basis. It can be indicated that the doctrine could perhaps only exist to give reassurance to corporate businesses in order to ensure them that they have a sense of security in case something goes wrong, but in reality, it does not exist and is rarely applied. Undoubtedly, Lord Neuberger drew different conclusions regarding the application of the principle. He argued that there is not much support for the doctrine.[28] He observed that there is no English case which unequivocally underpinned a power to lift the veil[29]; however, recognition is given to a limited power as a valuable judicial tool to undo wrongdoing in cases where no other solution exist[30] It gives the impression that every judge will come up with a new principle every now and again which would be relied upon but then a couple of years after, a new judge will find criticism in the doctrine. It seems that it is going around in a vicious circle without reaching an end-po int. Additionally, Lord Sumptions principle brought further opposition. Lord Mance argued that It is dangerous to seek to foreclose all possible future situations which may arise and I would not wish to do so[31] Furthermore, it should be considered that Prest only dealt with one specific class of asset which were held by those of corporate entities. The decision shows that an application of company law principles is required when determining the ownership of those assets.[32] Henceforth, this shows that Prest only narrowed only one specific factor in piercing the corporate veil, a factor which cannot be used in all cases. This further shows that we are no closer to an answer of lifting the corporate veil. Contrarily to the above, despite there not being a set doctrine, it seems that the Lordships all agree on one aspect. In Prest, they all accepted the existence of a general common law veil piercing as being limited to rare and exceptional circumstances.[33] Lord Clarke argued that Sumptions distinction the circumstances in which the doctrine apply are rare[34] This similar reaction has been echoed in the past. It can be thus shown, that not much has changed and the decision makers are still unsure as to when the doctrine can be applied. In 2017, it is very difficult to predict what the future path for the doctrine will take as there are many conflicts on this topic even from the Supreme Court judges. As stated above, Lord Neuberger, Lord Clarke and Lady Hale were not entirely convinced on the validity of the doctrine and seeing it as merely a metaphor which was unclear and inchoherent. This was contrasted with Lord Mance and Lord Walker who are very much in favour of keeping the doct rine. On the other hand, Lord Neuberger who had initially been in favour of giving the doctrine its quietus because it had been misapplied in the eighty years indicates that the obiter by Lord Sumption is very influential and could prove to be important in future cases. Hence, this further indicates that there are still many uncertainties within the doctrine itself. It can be indicated that if Prest was successful in providing a set answer as to what piercing the corporate veil entails then there would have been many cases which would have pierced the veil post Prest. For some the most helpful case is the decision in Pennyfeathers limited v Pennyfeathers property company limited.[35] It is said to be a better example of facts for giving rise to the principle of piercing the veil. Provided that the principle was to be properly established then there is one thing that all decision makers would agree upon which would be that the company was used in an attempt to immunise himself from the liability of wrongdoing[36] This is consistent in DHN[37] just as much as it is in Gramsci.[38] It seems that in every case that involves piercing the veil, the defendants always argue that there is no such thing as piercing the corporate veil[39] thus, could it be that many wrongdoers have been able to escape liabilities simply because the doctrine was not well es tablished. The new approach found in VTB[40]and Prest significantly restrictive approach to piercing the corporate veil which in effect has relegated the doctrine to a principle of last resort.[41] Post Prest cases such as R v McDowell[42] and R v Singh[43] shows that the superior courts exercising restraint in disturbing the principle in Salomon.[44] It therefore appears that where litigants can show that the relevant tests are satisfied, the courts will allow them to obtain judgement against assets that were intentionally placed out of their reach. However, these cases are and will remain exceptional. More recently, in Akzo Nobel[45] in its arguments had suggested that the Competition Commission had tried to attribute the activities of the subsidiaries to Akzo Nobel which was in effect piercing the corporate veil.[46] It could be considered that an alternative approach would be to put the doctrine on a statutory basis so that the courts would have a guide to follow instead of consistently establishing conflicting views between themselves. However, this could prevent flexibility of the courts whilst it faces complex issues which cannot be foreseen by statute. On the other side of the coin, it would be less harmful than having ambiguous rules. Furthermore, there could be an extension which established distinct body rules for corporate groups such as in Germany. The interest of the whole group both financial and non- financial matters would be recognised. Moreover, another approach could be piercing the veil by removing limited liability towards involuntary creditors, notably tort victims. In Chandler v Cape,[47] it introduced some basis for this approach whilst imposing liability on a parent company by suggesting that the parent company has a duty to the employees of its subsidiary company. To conclude, it has been suggested by academic commentary that the decision reflects a progressive trend of restricting the doctrine.[48] However, it can be contemplated that slightly narrowing a doctrine which Supreme Court judges do not agree with does not mean that it is progressive.[49] If one keeps on rebutting every proposal that is brought forward then that is not progressive, it does not feel like any decision makers has tried to find a solution for this problem. It can be disputed that this is a never ending vicious circle.  It seems as if it is an entertaining ground for judges to see what new solution can be made this time around. Prest brings a new kind of uncertainty.[50] However, Prest does confirm that the veil would only be pierced in exceptional circumstances. There is one basis which all judges approve which is that the veil is only to be pierced in exceptional circumstances. This could perhaps be a starting point of a well-established doctrine. It can be contende d that, even if the doctrine is given is quietus, judges would still apply the principles of piercing the veil unknowingly. This decision can be derived from another legal basis but, it will have the same outcome. Thus, even if it is given its quietus, the doctrine would still be there transparently. It seems that we are at a halt with the long marathon until, a case can fully apply the two provisions in Prest. Bibliography Practitioners Textbooks Palmers Company Law Books A Digman A, John Lowry, Company Law (8th edn OUP Oxford) Birds J, Boyle Clark B et al, company Law (9th edn, Jordan Publishing) Dr Wilde C, Smith and Keenans Company Law ( 17th edn Pearson) Lowry J, and Arad Reisberg, Company Law Corporate Finance (4th Edn, Pearson Journals Akansha Dubey et al, Family Law (2014) 3(1) A Alcock piercing the veil- A dodo of a Doctrine (2013) 25 denning LJ 241,243 A Bowden Concealment, Evasion and Piercing the corporate veil: Prest v Peterodel Resources Ltd [2013], Greens Business law, April 2014 Bull S, piercing the corporate veil in England and Singapore [2014] Heinonline C Hare, Piercing the corporate veil in the supreme court (again)- The Cambridge Law Journal, 72 [2013] 511-515 Chrysthis N Papacleovoulou, lifting or piercing, the corporate veil in Cyprus: a doctrine under challenge- an analysis of English and Cyprus case Law analysis (2016) 27 (4) ICCLR D Lightman, Petrodel Resources Ltd v Prest: Where are we now? Trust Trustees (2013) 19 (9):877 J McDonagh, Piercing the corporate veil in the family division: Prest the latest from the court of appeal- Trust and Trustees (2013) 19 (2) 137 J Payne Lifting the corporate veil: A reassessment of the fraud exception Cambridge law Journal, 56 (2) July 1997 Mujih E, Piercing the corporate veil as a remedy after Prest V Petrodel resources Ltd: Inching towards Abolition [2016] Westlaw 17,17 Pey Woan Lee, The Enigma of Veil- Piercing (2015) 26 (1) ICCLR 28, 30 Spears, Expert analysis of the Prest Judgement (Spears ,11 June 2013) Tan Cheng-Han, Veil piecing- a fresh start (2015) 1 JBL Online Articles Spears, Expert analysis of the Prest Judgement (Spears ,11 June 2013) http:///www.spearswms.com/expert-analysis-of-the-Prest-judgment/> accessed 8th March 2017 Simon Mcleod- The Corporate Veil And Its Piercing As Clear As? http://gdknowledge.co.uk/the-corporate-veil-and-its-piercing-as-clear-as/ >accessed 20th February 2017 Cases Akzo Nobel NV v Competition Commission [2013] CAT 13 Antonio Gramsci Shipping Corp ors v Aivars Lembergs [2013] EWCA Civ 730 DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 Lazarus Estates Ltd v Beasley [1956] 1 QB 702 Prest v Petrodel Resources Ltd UKSC 34, [2013] R v McDowell [2015] EWCA Crim 173 R v Singh [2015] EWCA Crim 173 Salomon v Salomon [1896] UKHL 1 Trustor AB v Smallbone (No 2) [2001] EWHC 703 VTB Capital plc v Nutritek International Corp [2013] UKSC 5 Woolfson v Strathclyde Regional Council [1978] UKHL 5 [1] Prest v Petrodel Resources Ltd UKSC 34, [2013] [2] Spears, Expert analysis of the Prest Judgement (Spears ,11 June 2013) http:///www.spearswms.com/expert-analysis-of-the-Prest-judgment/> accessed 8th March 2017 [3] French D, Mayson S Ryan C, Company law (31st edn, OUP) 127 [4] Salomon v Salomon [1896] UKHL 1 [5] Lord Halsbury Salomon v Salomon [98] [6] Lowry J, and Arad Reisberg, Company Law Corporate Finance (4th Edn, Pearson) 35 [7] Woolfson v Strathclyde Regional Council [1978] UKHL 5 [8] Lazarus Estates Ltd v Beasley [1956] 1 QB 702 [9] Ibid [10] Prest Lord Sumption [16] [11] Woolfson v Strathclyde Regional Council [1978] UKHL 5 [12] Paragraph 90 lord Ketih [13] Prest [103] Lord Clarke [14] Jones v Lipman [15] Trustor AB v Smallbone (No 2) [2001] EWHC 703 [16] Ibid [17] Ibid [92] Lady Hale [18] Jones v Lipman [44] [19] Birds J, Boyle Clark B et al, company Law (9th edn, Jordan Publishing) 60 [20] Prest [28] (lord Sumption) [21] Pret [28] Lord Sumption [22] Ibid [23] Ibid [24] Ibid [35] [25] Alistair Alcock piercing the veil- A dodo of a Doctrine (2013) 25 denning LJ 241,243 [26] Pey Woan Lee, The Enigma of Veil- Piercing (2015) 26 (1) ICCLR 28, 30 [27] Prest [74] Lord Neuberger [28] Prest [69] (lord Neuberger) Alistar Alcock (n 18) 250 [29] Ibid [30] Ibid [31] Ibid [100] Lord Mance [32] Piercing the corporate veil in the family division: Prest the latest from the court of appeal- Trust and Trustees (2013) 19 (2) 137 [33] Piercing the corporate veil in the supreme court (again)- The Cambridge Law Journal, 72 [2013] 511-515 [34] Ibid [103] Lord Clarke [35] Pennyfeathers limited v Pennyfeathers property company limited [2013] EWHC 3530 (Ch) [36] Gramsci. Burton J [101] [37] DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 [38] Antonio Gramsci Shipping Corp ors v Aivars Lembergs [2013] EWCA Civ 730 [39] Ibid [40] VTB Capital plc v Nutritek International Corp [2013] UKSC 5 [41] Bull S, piercing the corporate veil in England and Singapore [2014] Heinonline 39,39 [42] R v Singh [2015] EWCA Crim 173 [43] R v McDowell [2015] EWCA Crim 173 [44] Mujih E, Piercing the corporate veil as a remedy after Prest V Petrodel resources Ltd: Inching towards Abolition [2016] Westlaw 17,17 [45] Akzo Nobel NV v Competition Commission [2013] CAT 13 [46] Simon McLeod- The Corporate Veil And Its Piercing As Clear As? http://gdknowledge.co.uk/the-corporate-veil-and-its-piercing-as-clear-as/ accessed 20th February 2017 [47] Chandler v Cape plc [2012] EWCA Civ 525 [48] Akansha Dubey et al, Family Law (2014) 3(1) 214,217 [49] Tan Cheng-Han, Veil piecing- a fresh start (2015) 1 JBL 20,21 [50] Chrysthis N Papacleovoulou, lifting or piercing, the corporate veil in Cyprus: a doctrine under challenge- an analysis of English and Cyprus case Law analysis (2016) 27 (4) ICCLR 129,130

Ernest Green Essay -- essays research papers fc

Ernest Green Throughout the American South, of many Negro’s childhood, the system of segregation determined the patterns of life. Blacks attended separate schools from whites, were barred from pools and parks where whites swam and played, from cafes and hotels where whites ate and slept. On sidewalks, they were expected to step aside for whites. It took a brave person to challenge this system, when those that did suffered a white storm of rancour. Affronting this hatred, with assistance from the Federal Government, were nine courageous school children, permitted into the 1957/8 school year at Little Rock Central High. The unofficial leader of this band of students was Ernest Green. The children of Little Rock Arkansas never doubted that, like every other southern Negro, they lived in an unequal, segregated society. In the twentieth century, the black population of Arkansas still endured periodic beatings, arrests and daily racial taunts at the slightest provocation. However, the law was turning in the Negroes favour. Various organisations including the National Association for the Advancement of Coloured People (NAACP) and Negro produced newspapers fought for an end to racial discrimination and for the advancement of the black population. â€Å"They began to assert political and economic pressure† against citizens, organisations and governments violating human rights. The victory in the 1954 Brown Vs Board of Education case granted the Federal Government the ability to pass school integration laws permitting Negro children to attend white schools. This was â€Å"a great forward step in achieving true equality† . Virgil Blossom, of the Little Rock school board, consented to nine black children integrating into Central High on September 4th 1957, 3 years after the United States Supreme Court decision. Testament to his resilience and determination in the face of angry segregationists, Ernest assumed the role of head of his family at the age of sixteen, after his father’s death in 1953. Ernest’s mother, an elementary school teacher, and his younger brother Scott both respected this new allotment Ernest assumed at such a young age. His mother knew it was useless attempting to persuade the headstrong Ernest to reconsider attendance at Little Rock Central High School after he had been selected as one of the nine Negro children to attend. Students were selected based ... ...e to breach Supreme Court sovereignty would render the different minorities, residing in the United States, helpless to further governmental legislature justifying racial discrimination. In their struggle to preserve racial inequality segregationists immorally resorted to using violence against children. Through â€Å"a sharp realisation of the shameful discrimination directed at small children† the world perceived an inconsistency in a nation that preached freedom for all, though denied the very same right to its children. Ernest Green and the other eight students â€Å"learned unmistakably that they possessed irresistible power† during the crisis but only if they realised it and united against discrimination and racism. Bibliography Bates, Daisy, The Long Shadow of Little Rock, University of Arkansas Press, Fayetteville, 1987. Degler, Carl N., Neither Black Nor White, The Macmillan Company, New York, 1971. Jakoubek, Robert, Martin Luther King, Jr., Chelsea House Publishers, New York, 1989. Levine, Ellen, Freedoms Children, G. P. Putnam’s Sons, New York, 1993. Poston, Ted, New York Post – Daily Magazine, 21st October 1957. Poston, Ted, New York Post, 24th October 1957.

Nucor Essay -- essays research papers

Business Summary and Strategy Nucor is the largest steel manufacturer in the United States. It remains a profitable company despite being in one of the most cyclical industries in the economy. Nucor enjoys this success for several reasons, employee relations, quality, productivity, and aggressive pursuit of innovation and technical excellence. Nucor's strategy is that of a low cost provider, they know they are selling a commodity and understand their competitive edge in the industry is lowering prices through innovation and productivity. The company operates primarily in two business areas, steel mills and steel products. Steel Industry Outlook Driving Forces: „Â « Globalization - Low cost foreign manufacturers "dumping" steel in the U.S. and other markets. „Â « Changes in the economy „Â « Changes in currency valuations „Â « Input/raw material prices Key Success Factors: „Â « Technological innovation such as the strip casting technology, investing in technology such as this allows Nucor to take calculated risks to ultimately lower their cost to produce steel subsequently raising margins. They now own the U.S. and Brazil rights to this technology. „Â « Employee relations - Nucor employees are more productive, loyal and Nucor has lower employee cost than competitors. „Â « Global Economic growth - if global and U.S. growth continue, Nucor will continue growth. „Â « Product Quality - Nucor has a reputation for quality products. „Â « Market S...

The Musical World of Aaron Copland Essay -- Biography Music

Aaron Copland was born on November 14th, 1900 in Brooklyn, New York, United States (3). His parents, Harris Morris Copland and Sarah Mittenthal Copland, were Jewish immigrants from Russia (6). Copland had four older siblings who grew up together. When he was eleven years old, one of his sisters, Laurine, taught him how to play a piano (3). Laurine also influenced to his musical world by introducing him to ragtime and opera (6). From 1913 to 1917, he took his first formal piano lessons from Leopold Wolfsohn (3, 6). Wolfsohn introduced him to the pieces of the great musicians such as Beethoven and Mozart. When he was fifteen, he attended a concert by composer Ignacy Paderewski. The dream of becoming a composer sprouted inside him after attending the concert (3). While he is attending Boys’ High School in 1917, he began to study composition and music theory through taking corresponding courses taught by Rubin Goldmark (2). Rubin Goldmark was a very conservative American composer, who discouraged modern music. After his graduation from Boy’s High School in 1918, he chose to study composition with Goldmark instead of attending to a university (6). He also received piano lessons from Victor Wittgenstein and Clarence Alder. He was exposed to various genres of music by attending to operas and concerts. The Cat and the Mouse (1920) was his first published composition that was not shown to Goldmark. The Cat and the Mouse is a literal composition which fast tempo depicts the mouse while slow tempo depicts the cat (1). In 1921, he wrote the Piano Sonata for Goldmark (6) Copland did not like the conservative musical world of United States (1). After he completed the Piano Sonata, he left United States and continued his studying in American... ...siconline.com/subscriber/article/opr/t237/e2406>. Web. 3. Copland, Aaron, and Vivian, Perlis. Copland: 1900 through 1942. New York: St. Martin's Press, 1987. Print. 4. Copland, Aaron, and Vivian, Perlis. Copland: Since 1943. New York: St. Martin's Press, 1999. Print. 5. Griffiths, Paul. "Copland, Aaron." The Oxford Companion to Music. Ed. Alison Latham. Oxford Music Online. 16 Jan. 2011 . Web. 6. Howard Pollack. "Copland, Aaron." Grove Music Online. Oxford Music Online. 16 Jan. 2011 . Web. 7. Pollack, Howard. Aaron Copland: The Life and Work of an Uncommon Man. New York: Henry Holt and Company, 1999. Print. 8. Kamien, Roger. Music: An Appreciation. New York: McGraw-Hill Humanities/Social Sciences/Languages, 2010. Print.

High School and School Football Team Essay

Why someone wants to drop outof high school. Either or their family don’t have money so they have to work. There are many different reasons why students drop out of high school. As long as I know and from my experience those three are most import reasons why students drop out of high school. Dropping out of high school, sounds cool isn’t it? No but I had few friends who were in my of college? As from my experience with few of my friends who drop out of high school are those who has skills in sport or they think they don’t need to study in order to get to their goals. Most likely they are inspired from a star that has not even completed high school and he or she is big star now in a sport or even music. I am not saying that every student drop out of high school because of this reason. Few students drop out because they have bad grades from a star who is not even a high school graduate and today he is a star. Second one child doesn’t have any interest in education but that child is forced to attend high school. And last but not least some students who want to study but in some consequences they don’t have any other choice then drop out high school football team and two of my friends thought dropping out of high school is cool and fun they thought they are best football player so they will find something to do after dropping out of high school. Now days they don’t have job neither of them is in any football team either. Few days ago one of them tried to commit suicide. That’s the result of or they are  Page – 2  treated bad ways by a teacher or an administrator. Some student who don’t study or they don’t have any interest in education but they are forced by  their parents to go to high school they are the second one who will most likely drop out of high school. Therefore they will end up with out job, no money or may be no place to live in.

Pros and Cons of being Malleable

Clay might be more related to the word malleable instead of metal. The word malleability is defined mostly as the property of metal to be shaped into the craftsman’s design.The same word can be attributed to humans but has different meanings. Malleable (in human terms) can either mean being able to adapt to changes or the trait of being influenced easily. This paper discusses about the implications of being malleable as it relates to personality.Pros of being MalleableCharles Darwin should change his theory on evolution. Survival is not about who the strongest specie is, rather, survival is about who can adapt easily to changes in the environment. The positive side of being malleable means that a person can get through with any obstacle that he or she faces.A malleable person can simply ‘contort’ his or her personality to suit the changes that happen in his or her life. Whatever these obstacles are, being malleable allows us to come up with different strategies on how we can cope with the changes. A malleable personality means that we are capable of dealing with difficult people or circumstances.We may need to adjust to avoid conflict with other people. It does not necessarily mean that we have to change, remember, the definition of malleability is not to change entirely but to bend. Sometimes, people with culture alien from us become part of our lives, in work, school, or even in the family, anywhere in the society that has some sort of connection with us.As a sign of respect, we may have to restrain ourselves from speaking out loud about certain practices that we might find weird or even wrong. This does not mean that we are changing for them. It just means that we are willing to tolerate (at a certain extent) unfamiliar customs. Being malleable would come in handy on travels abroad.Another instance when being malleable might come in handy is during tough times, it may be financially or emotionally. During times of ‘financial drought ’ learning how to adjust is vital. Cutting unnecessary expenses is one way of adjusting.Old habits that use money need to be cut. In an emotional sense, adjusting to a new environment is also vital. An outsider has to learn the norms of the new environment if he or she is to move to that new environment. The outsider may have to overcome language barriers, and other aspects of culture.Cons of MalleabilityVirtually everything has cons, in this case, a negative definition. One definition of malleability is the trait of being controlled or influenced easily. This definition of malleability means that we let others control our decisions, and therefore our lives.Some people are too malleable that they hardly make decisions on their own. They allow themselves to be the puppet of others, doing whatever the strings of the puppeteer tells them too. This negative definition of malleability makes a person loose his or her identity because what defines us are the decisions we make in our livesConclusionLike most things, being malleable has its pros and cons. Being malleable can either mean we can adjust easily to life’s challenges or we let others decide for us. Adaptability is key in survival, those who can adapt the easiest survive. While being malleable means we can adjust to changes, it could also mean that we can easily be manipulated.Referenceâ€Å"malleable.† Online Etymology Dictionary. Douglas Harper, Historian. 10 Nov. 2008..

The Relationship Between Job Satisfaction and Employee Turnover Rate

The Relationship Between Job Satisfaction and Employee Turnover Rate Introduction Adelphoi Village is a private, non- profit company that provide community based services to children and adolescents in the Pennsylvania, Delaware, Maryland and West Virginia area. Adelphoi Village provides programs and services that strive to guide each youth on a path that will provide meaning, purpose and value in his/her life. Founded in 1971, Adelphoi Village has expanded to serve over 800 youth in 60 different counties.Adelphoi Village conduct several different services which includes, group homes, foster/adoptive services, charter school, multisystemic therapy, education services, diagnostic, in-home services, specialized independent living, secure care, mental health programs and other services that overlap to form a complete continuum of care for children, youth, and families. One of the departments under Adelphoi Village’s umbrella is its Multisystemic Therapy (MST) program.The MST prog ram provides intensive in- home family therapy to youth who are involved with Department of Juvenile Justice or Child Protective Services. The MST therapist strive to empower the parents with the skills and resources needed to become independent in addressing the difficulties that arise in raising adolescents, and to assist the youth in developing life-long coping skills. In the MST program families receive in home therapy 2 to 3 times a week for two hours each session. The therapist carries a caseload of 4 to 6 families and is on call for the families 24/7.I have been working for Adelphoi Village’s MST York program as a MST therapist since July 2012. The Adelphoi Village MST York team consists of one supervisor and four therapists. The MST York team covers the entire York County, PA area. In order for the company to be at the maximum number for productivity the MST program needs to be fully staffed. Adelphoi Villages MST York program therapist does not only perform the deman ding duties of MST, but also performs several other demanding duties making the job very intensive and unbearable.Due to the intensiveness of the job this program has had and continues to have a very high turnover rate which could be due to the employees being over worked and underpaid. Employees are dissatisfied with their job which causes them to leave and search for other employment. Before I started with this company the MST York team was down one therapist for about a year. Before then the team was down two therapists for about two and a half years. Currently we are looking to hire two new therapists to start working with the team.There have been 10 interviews set up; however, only 3 people have decided to interview with the company. Others have stated that they changed their mind about working for the company because the job is too demanding and lacks the pay that they are looking to obtain. Problem Statement Adelphoi Village’s MST program experiences a high turnover ra te each year. For the MST York team it is very hard to keep the team at full capacity due to the dissatisfaction of their employees. Employees’ needs are not being met and they are being overworked with lack of appreciation, low pay, and low incentives.This paper will examine the relationship between job satisfaction and employee turnover. This paper will identify the causes of employee turnover and how it relates to job satisfaction. This paper will also identify examples on how the company could increase job satisfaction for their employees, thus decreasing employee turnover. Literature Review Wang, Wang, and Yang (2012) conducted a research study comparing public and private employees’ job satisfaction and turnover in Taiwan.The population consisted of 500 employees in the public sector and 500 employees in the private sector. Questionnaires were used to collect data from employees of various private enterprises and public organizations. The results showed that the job satisfaction and turnover intentions of public employees are different from those of private employees (Wang, Wang, and Yang 2012). Researchers found that public employees in Taiwan have lower extrinsic job satisfaction and lower turnover intentions compared to their counterparts in the private sector.Wang, Wang, and Yang (2012) reported that job satisfaction is found to be negatively associated with turnover intentions. When employees are dissatisfied, they think more of quitting their jobs. Dissatisfaction may stimulate from lack of pay, lack of job security, lack of incentives, and lack of appreciation. If those who are dissatisfied continue to stay on in their jobs, their low work motivation will decrease the overall performance of the organization (Wang, Wang, and Yang 2012).Lanham, Rye, Rimsky, and Weill (2012) conducted a study on how gratitude relates to burnout and job satisfaction in mental health professionals. Sixty-five mental health professionals including; counsel ors, case managers, clinical administrators/supervisors, employment/housing specialists, social workers, and psychologists completed questionnaires assessing demographics, job context variables, hope, gratitude, burnout, and job satisfaction. Lanham, Rye, Rimsky and Weill (2012) stated that mental health professionals are at high risk of burnout and turnover.Burnout which results from persistent work stress, involves emotional exhaustion (mental strain attributed to job Stressors), depersonalization (mentally distancing oneself and adopting a more impersonal view of other people), and decreased sense of personal accomplishment. Burnout can adversely affect both personal health and organizational functioning (Lanham, Rye, Rimsky and Weill 2012). Another positive psychology construct that may affect burnout is gratitude, which involves being aware of and appreciating good things that happen and taking the time to express thanks (Lanham, Rye, Rimsky and Weill 2012).There are several re asons why gratitude might relate to less burnout and higher job satisfaction among mental health professionals. Gratitude motivates pro-social behavior and corporate social responsibility. Lanham, Rye, Rimsky and Weill (2012) stated that since so many factors contribute to burnout and workplace satisfaction, agency administrators need to examine the extent to which agency policies contribute to employee burnout and job dissatisfaction. Huning and Thomson (2011) conducted a study on an empirical examination of the impact of performance attributions and job satisfaction on turnover intentions.Participants consisted of 363 graduate and undergraduate students. Participants completed a survey related to attributes, job satisfaction, and turnover intentions. Results show that job satisfaction mediates between causality attributions, stability attributions, and turnover intentions. Job satisfaction has been defined as a pleasurable emotional state the results from the appraisal of one's jo b (Locke 1976). Job satisfaction describes an affective reaction to one's job as well as attitudes toward the job.This in turn suggests that job satisfaction is formed from affect, cognition, and ultimately will result in satisfaction contingent job-related behaviors (Huning and Thomson 2011). Huning and Thomas (2011) found that job satisfaction is the central variable in among the central theoretical and empirical contributions in employee turnover. Lambert, Hogan and Barton (2001) conducted a study on the impact of job satisfaction on turnover intent: a test of a structural measurement model using a national sample of workers.Based upon the literature, a structural measurement model incorporating four core antecedents of turnover (i. e. , demographic characteristics, work environment, job satisfaction, and turnover intent) was developed and tested using a national sample of American workers. The results indicate that the work environment is more important in shaping worker job sat isfaction than are demographic characteristics, and that job satisfaction is a highly salient antecedent of turnover intent. Finally, job satisfaction is a key mediating variable between the work environment and turnover intent (Lambert, Hogan and Barton 2001).Camp (1993) conducted a study on Assessing the Effects of Organizational Commitment and Job Satisfaction on Turnover: An Event History Approach. Camp examined two types of subjective measurement of the work environment, job satisfaction and organizational commitment, which are often thought to be related to turnover. Camp (1993) found that organizational comm itment, as measured by both commitment to the overall organization and the more specific institution, is inversely related to turnover among correctional workers at the Federal Bureau of Prisons.Analysis Job satisfaction and turnover have a strong correlational relationship. Turnover is the ratio of employees leaving jobs with a company as a percentage of total employees in the organization. Job satisfaction is commonly linked to turnover ratios. Employees who are generally satisfied at work tend to stay, while dissatisfied employees often look for other work. Many factors affect the level of satisfaction among employees. Pay is noted as a key factor to job satisfaction (Kokemuller 2010).Other factors that affect job satisfaction include; job security, appreciation, work conditions, co- workers and supervisor support, and gratitude. It is noted that as job satisfaction increases, absenteeism tends to go down, and as job satisfaction decreases, absenteeism often goes up (Schermerhorn 5). Taking care of job satisfaction today can be considered an investment in tomorrow’s performance potential (Schermerhorn 12). Solutions There are many ways that employees as well as the administrative staff can increase job satisfaction to avoid turnover.One of the most tangible things that employees can do to increase job satisfaction is to get organized. Mana ging your workload efficiently can help increase job satisfaction. When you become organized it can create a since of relief in your everyday work load. Another way employees can increase personal job satisfaction is to develop an optimistic point of view and change negative self talk patterns. This will assist employees with viewing things in a more positive light. Employees can also reward and recognize self for doing a wonderful job.Many jobs fail to recognize employees for doing a great job; employees can treat themselves to a movie or to a spa, to recognize the fact that they are making a wonderful impact on their company. Administrative staff can also begin to incorporate rewards and recognition into daily practices. When employees feel recognized and appreciated by the administrative staff if creates a since of belonging and willingness for employees to do their best in carrying out their jobs. Companies could also offer employees flexible work schedules and better pay.Easing an employer's work schedule can reduce job loss and keep training costs down. Offering employees better pay could also reduce job loss. Companies could also begin to encourage open communication between management and staff. For example, management could install a comment box in the lobby of the office for employees to drop in written feedback so that an understanding of why employees feel dissatisfied could be communicated between management and staff. Reflection In completing this paper I have learned how job dissatisfaction relates to turnover rate and burnout in employees.I have learned and understood the factors that lead to job dissatisfaction and how to create personal job satisfaction. I recently decided to leave Adelphoi Village and obtain employment with another company. Although I am doing similar work, I have decided to work with a different company that offered my better pay and more stability. I understand that in my line of work as a therapist that there is a high jo b burnout and turnover rate in this field. I have to use what I have learned in completing this paper and in class to create personal job satisfaction.Positive self talk, self recognition, and self reward are some of the ways I can continue to create personal job satisfaction which in turn will lower my burnout and turnover rate. Reference: Camp, S. (1993) Assessing the Effects of Organizational Commitment and Job Satisfaction on Turnover: An Event History Approach. The Prison Journal, 74(3), 279-305. Huning, T. , Thomson, N. (2011) An Empirical Examination of the Impact of Performance Attributions and Job Satisfaction on Turnover Intentions.Journal of Organizational Culture, Communications and Conflict, 15(1) Kokemuller, N. (2010) Job Satisfaction and Turnover. Retrieved on October 14, 2012 from http://www. ehow. com/info_7746396_job-satisfaction-turnover. html Lambert, E. , Hogan, N. , Barton, S. (2001) The Impact of Job Satisfaction on Turnover Intent: A Test of a Structural Meas urement Model Using a National Sample of Workers. The Social Science Journal. Lanham, M. , Rye, M. , Rimsky, L. , Weill, S. (2012) How Gratitude Relates to Burnout and Job Satisfaction in Mental Health Professionals.Journal of Mental Health Counseling, 34(4), 341-354 Locke, 1976 cited in Brief, A. P. , ;amp; Weiss, H. M. (2001). Organizational behavior: affect in the workplace. Annual Review of Psychology, 53, 279-307, p. 282 Schermerhorn, John R.. Organizational Behavior, 12th Edition. John Wiley ;amp; Sons, 11/2011. ;lt;vbk:9781118426319#outline(1. 5. 3. 2);gt;. Wang, Y. , Wang, K. , Yang, C. (2012). Comparing Public and Private Employees’ Job Satisfaction and Turnover. Journal of Public Personnel Management, 41(3), 557-573.