PREJUDICE AGAINST MUSLIMS IN THE MEDIA

PREJUDICE AGAINST MUSLIMS IN THE MEDIA

Global, political, social and economic development has in recent years distressed the relations amongst European, western and Islamic cultures strongly.[1] With time now, there has been unsettling changes worldwide since Non-Muslims and Muslims became preys of violence and terror by persons pretending to act in the title of Islam. As a result there occurred an increased misunderstanding and prejudice against Muslims in the media by the sophisticated media sources.in this era wars begin, continue and end with media.[2] The Media shapes the peoples opinion and reports by their censorship hence can be used as an important weapon. The media forms how we see the world.

It is common that emergencies often determines the policy making process of the public. These reveal journalists’ vital role in communicating the information. But choosing destructive and alarming names for groups that influential policymakers distaste, are all parts of tricks in the media.[3]

In this day and age, several media campaigns are going against Muslim and the Islam culture. A lot of Western media with large financial assets and several channels show rough images of Islam to their communities. [4]The Muslim groups at the same time are trying to convey positive messages through their media, however their efforts are not fruitful due to the global saturation of the western media.

The World Trade Centre attacks of September 11, 2001 are still felt and the deeply affected is the American Muslim group. Since the attacks Muslims in the US have been violated economically, politically and socially, amidst these this discriminations are clear misunderstandings about Islam hence development of Islamophobia (deep social anxiety towards Islam).[5]Polls directed between 2001- 2009 show American misunderstandings concerning Islam. Almost 45 percent of Americans assumed that Islam is more likely to inspire violence among its followers than other religions; also 36 percent of Americans did not recall any beliefs of the Islam faith .The two most publicized images in the media are of the Muslim male who is a terrorist and the veiled woman. [6]Most media, use these images to portray the male as being fundamentalists and the female as being subjugated by her religion.

As a result of the attacks, the government of America modified and added on immigration policies and security measures. These joint enactments of the CLEAR Act and Patriot Act culminated in increased tailing of Muslims. Muslims were and are still being denied formal charges and council while being held for long periods of time. Scrutiny of Muslims is constant in mosques, library records, bank accounts, and places of work and on the Internet.[7] A year after the 9/11 events ,the Attorney General broadcasted the introduction of the National Security Exit Entry Registration System (NSEERS).this  The program was functional to men from Muslim countries living in the United States. They were expected to report for multi-phase registration .This program proved futile in two ways. Firstly, they did not put clear information regarding the requirements and secondly, the program used inhumane detention methods on Muslims resulting to violation of human rights and mistreatment.

The U.S. CLEAR Act and Patriot Act negatively influences the civil rights of Muslim minority groups and have resulted in the devastation of Muslim community and the U.S. Government relations. In addition, use of racial profiling has encouraged media stereotyping.[8]

Muslims face social discrimination and physical abuses U.S. Department of Justice report allegations of abuse that include:  internet, telephone, threats, assaults, vandalism and bombings of houses, companies, and mosques.[9] These assaults generate fear throughout the Muslim community are as targeted in safe places such as their homes and the mosque, ten years after World Trade Centre attacks a debate has rose in the mainstream media outlets against building of mosques around the nation.[10]

Muslim professionals have stated that they have been discriminated against when it comes to employment. They report being called names by co-workers, like terrorist or Osama, and protest that their bosses do not allow wearing the headscarves or partaking in prayer times.[11] The wide spread nature of this hatred perpetrated by the media can be seen in the comments of well-known public figures, for instance Franklin Graham a Christian evangelist said during an interview in one of the western medias that the God of Islam is not the Sovereign God plus he is not the God of the Christian faith and that he firmly believes that it is a different God concluding that Islam is a very wicked and evil religion. Pope Benedict XVI also referred to Muhammad’s offerings as inhuman and evil. Mary Jo O’Neill, advocate of the Equal Employment Opportunity Commission said, there has been a level of spite and hostility that is appalling.[12]

Even before the World Trade Centre attacks the views of Muslims in the United States had already been tarnished this can be traced to intentional myth making by film and media, coming up with images categorizing the unwanted ‘other’ in its midst. A few days after 9/11 attacks almost all news channels were showing images of what the hijackers looked like resulting to Americans turning their fright and hatred on to anyone who resembled the faces of the suspects. The media only served to fuel the hatred.[13] Ever since 9/11 the media has continuously depicted the Middle East as unappreciative for the assistance that the United States has purportedly brought. Complete with dishonest lies and reporting part of the stories, it is not a surprise that 600,000 dead Iraqis were never named or counted.[14]

Media outlets in the U.S. do not report facts about the war in Iraq it only tells a side of the story. These media represent Islam as fundamentalism, extremism and radicalism. Definitely, in the current world where the role of media is vital, the image of authenticity can be worked to distort the actual facts. The media have tried to depict Muslims as terrorists posing a threat to the security to the western nations. By this, they try to justify the wars in Iraq and Afghanistan. In the recent years, this method has led to the advent of Islamophobia. Diminutive efforts have been made to answer to these negative campaigns. On the contrary, the actions of terrorist sets that kill people, aid their media to show that they are mutually preys of terrorism.

The consciousness raising of  experts, scholars and media analysts after the 9/11 period  through the media has created a problem for legislators and the public as they look for answers to queries like: What are the reasons of radicalism and anti-Americanism?, Why do they dislike us?, What do Muslim women think about their position in Islam? , Is Islam harmonious with democracy? What are the origins of global terrorism? And many more. Consequently, a reader is trapped between the opposing positions of superficially competent experts as well as a new force of Islamophobic authors who participate in a heretical reading of Islam and Islamic history.[15]

The logic of threat to the Muslim cultural uniqueness is heightened by a predominant feeling that a powerful and secular West inflicts its ideals upon the Muslim world. For instance ,When asked a question like ,what do they dislike most about the West in their own words?, the most recurrent answer across all Islamic countries for both political  and moderate radicals was sexual and cultural promiscuity then; ethical and moral corruption and finally hatred of Muslims.[16] Another source of hatred comes from the representation of Muslims in the Western media.

A study by Jack Shaheen in his manuscript, Reel Bad Arabs- How Hollywood Vilifies a People, established that the huge majority of Arab characters in 900 American films were complete racist characters. Imageries of day to day life and usual Muslims in their nations are almost non-existent or one-sided in the western media.[17] Additionally, the western media which are widespread in the Muslim world boost imitation of Western style, behaviors and values.

Television news are the most significant source of public information about world events.[18] Just about 80 percent of people rely on it as their leading source of news, Western media with huge financial means try to show a bad picture of Islam to their public.

Selected scholars are certain that there is a direct association between modern global communication and terrorism. Their readings show that most terrorists’ actions are propaganda. Terrorism is a secondary psychological approach which avoids at all costs direct connection with opponents.[19] Thus, without media attention terrorism disappears. After the world trade Centre attacks, the word terrorism and Muslim or Islam became synonymous in western countries.

The illustration of Muslims in the media recounts to the lack of taking and accepting of differences, the media creates public fear around the terrorist menace. One scholar said terrorism war is a war of images and the ones that are most effective are those of victims of terrorism. On the flip side there is discrimination related with Islamophobia which tries to show that Muslims are a threat to safety. The emphasis on terrorism merges TV coverage of Muslim news and the central image is Islamic Terrorism.[20]

Due to frequent repetitive destructive propaganda by the numerous media sources, religious and cultural prejudices against the Muslims have gone round like wild fire. The media, is further interested in dramatic news than functional constructive news.[21] It is well known fact that Islam condemning goes on in the western media. Western countries like the USA majorly take up very hostile attitudes towards Islamic countries like Libya, Iran, and Iraq who challenge USA authorities. USA not only reprimands them brutally (as for instance bombings on Iraq and on pharmaceutical factory in Sudan) but also starts publicity warfare against Islamic countries and its people in their media.

Out of frustration, some militant youth carried out ferocious attacks on some American establishments (for instance, bombings on the World Trade Centre). As a consequence of this a regular American has a very bad prejudice toward Islam and Muslims as it is thought to be a religion of violence and fanaticism.[22] In the same way the internal radical violence in Algeria has spread over to France. The Algerian radicals carried out bombing occurrences in Paris too as it believes the French Government collaborates with the Algerian authorities in eliminating Muslim militants, hence this leading to strong prejudices against Islam among the French.

During the development of history there have been journeys from one country to another and from one region within a country to other regions. These conflicts are not new. Muslims and Christians fought on the query of control over Palestine and these historical wars are known as the crusades.[23] The enthusiasm with which these wars were battled between Muslims and Christians made crusade synonymous with fanaticism and thus a new phrase crusading spirit came into reality. It was the crusades that instigated great deal of confusion about Islam in western countries through the medieval period.

The image of Muslims’ holy book in one hand, and blade in the other, was the conception of these crusades.[24] Likewise, the Muslim conquests on North India led to image of Islam as vicious religion in the thoughts of many Hindus (though just a few Hindus were partners in these attacks). All of These images are being recovered in the modern settings to work for present-day political interests. Nevertheless, due to propaganda buildup an average Hindu thinks of a Muslims as violent and fanatic. The media again plays a significant role in spreading such images and ideas.[25]

According to several studies, Muslim Australians normally experience discrimination, racial slander, actual violence and threats of violence. Others observed that a general inconsiderateness towards Muslim cultural practices like refusal to allow prayer breaks and negative judgments about their dressing and names.[26] The studies in their conclusion stated that Muslim Australians were highly experiencing discrimination along the theme that Muslim Australians are possible terrorists, that there was no home in Australia for Muslims and that Muslims should reject their cultural practices and integrate .Muslim children and women were specifically defenseless in Australia and reported sentiments of fear of attack or cruelty at home and even in public places. Muslim Women recounted being verbally and physically abused on a daily basis with intimidations such as I am going to tear that scarf off your head and crash your bag over the top of your head and smash it in, as described in when cultures disagree.

Development for the public longitudinal needs of Muslim women in Sydney, Muslim and Arab Australians gave detailed accounts of their kids undergoing intimidation and bullying in institutions, thus many parents resort to admitting that they have no other choice but to send their children to Islam schools, not essentially for the education, but for their security and safety.[27]

Concern has been amplified in Australia since the Bali bombings and the responsiveness given to the controversial readings. Some analysts speak about the Muslim issues and the need for Muslim Australians to integrate, while on the other side others maintain that the Australian people should continue to embracing multiculturalism.

Conclusion

It is clear that the Muslim who is citizen or non-citizen in westernized countries continuously face difficult and extreme challenges from social, political, economic and institutional discrimination. The people are pursued in order to be influenced by political interests.[28] This manipulation is eased by the power of mass media and which now the media is not only print but also in electronic form. These media play great roles in spreading inter-cultural and inter-religious prejudices. The pictures about some culture and religion fabricated by media may not be factual but can play complete mess by distributing strong prejudices against specific groups. The media’ responsibility has become very crucial in this modern time. Electronic media even more so.[29]

But the media can take part in positive contributions as we have to exhaust every possible way to promote the dialogical life-force among the disagreeing groups.[30] There are also clear strategies that can assist in alleviating some of the misunderstanding and hatred of Islam and Muslims. Islamic establishments and societies can provide a platform for education on Islam and offer outside members to Islamic seminars and get-togethers to cultivate better relationships with the outside community.[31] Also an American chronicles of Islam can be created, comparable to the African-American narratives. These can assist to expand the average American’s understanding of Islam and its basic code of beliefs. With increased knowledge, abuses and discrimination are more likely to be done away with ultimately.

The image of Islam and Muslim in the western media has to transform for the better and Inter-culturalism has to substitute Islamophobia.

Reference

Benazir Bhutto .Islam, democracy, and the West. : New York: Harper, 2008.

Des Freedman & Daya Kishan Thussu .Media and terrorism: global perspectives.Los Angeles: SAGE, 2012.

Doris A Graber. Media power in politics. Washington, D.C, 2007.

Harris E Metzler. Country reports on terrorism. Hauppauge, N.Y., 2007.

Robert Spencer & Jeff Riggenbach .The politically incorrect guide to Islam (and the Crusades), Blackstone Audiobooks, 2007.

Shahram Akbarzadeh & Fethi Mansouri .Islam and political violence: Muslim diaspora and radicalism in the west. London; New York, 2007.

Stephen Hess & Marvin L Kalb… The media and the war on terrorism. Washington, D.C., 2003.

Steve Drake & Joanne Azern. 9/11 backlash: being Muslim in America DVD. Silver Spring, 2005.

[1] Benazir Bhutto. Islam, democracy, and the West. : New York: Harper, 2008.

[2] Ibid.,34

[3] Doris A Graber. Media power in politics. Washington, D.C, 2007.

[4] Benazir Bhutto. Islam, democracy, and the West. : New York: Harper, 2008

[5]  Steve Drake & Joanne Azern. 9/11 backlash: being Muslim in America DVD. Silver Spring, 2005.

[6] Shahram Akbarzadeh & Fethi Mansouri .Islam and political violence: Muslim diaspora and radicalism in the west. London; New York, 2007.

[7] Des Freedman & Daya Kishan Thussu .Media and terrorism: global perspectives.Los Angeles: SAGE, 2012.

[8]  Steve Drake & Joanne Azern. 9/11 backlash: being Muslim in America DVD. Silver Spring, 2005.

[9]  Ibid.,6

[10] Des Freedman & Daya Kishan Thussu .Media and terrorism: global perspectives.Los Angeles: SAGE, 2012

[11] Stephen Hess & Marvin L Kalb… The media and the war on terrorism. Washington, D.C., 2003.

[12] Doris A Graber. Media power in politics. Washington, D.C, 2007

[13] Ibid,.66

[14] Harris E Metzler. Country reports on terrorism. Hauppauge, N.Y., 2007.

[15] Benazir Bhutto. Islam, democracy, and the West. : New York: Harper, 2008.

[16] Ibid.,71

[17] Shahram Akbarzadeh & Fethi Mansouri .Islam and political violence: Muslim diaspora and radicalism in the west. London;  New York, 2007.

[18]  Doris A Graber. Media power in politics. Washington, D.C, 2007.

[19] Des Freedman & Daya Kishan Thussu .Media and terrorism: global perspectives.Los Angeles: SAGE, 2012.

[20]  Stephen Hess & Marvin L Kalb… The media and the war on terrorism. Washington, D.C., 2003.

[21] Doris A Graber. Media power in politics. Washington, D.C, 2007.

[22] Robert Spencer & Jeff Riggenbach .The politically incorrect guide to Islam (and the Crusades), Blackstone Audiobooks, 2007.

[23] Robert Spencer & Jeff Riggenbach .The politically incorrect guide to Islam (and the Crusades), Blackstone Audiobooks, 2007.

[24] Ibid.,12

[25] Ibid.,29

[26] Ibid.,33

[27] Des Freedman & Daya Kishan Thussu .Media and terrorism: global perspectives. Los Angeles: SAGE, 2012.

[28] Doris A Graber. Media power in politics. Washington, D.C, 2007.

[29] Ibid.,46

[30] Ibid.,48

[31] Benazir Bhutto. Islam, democracy, and the West. : New York: Harper, 2008.

Law and Constitution in Canada the Abortion Issue in Canadian Constitutional Law

Abortion Issue in Canadian Constitutional Law

Description of the Abortion Issue in Canadian Constitutional Law

The subject of abortion for some time has troubled the Canadian society. This is because it is an issue that involved widely varying and deeply held viewpoints about rights of an individual, women’s role, moral norms, and the societal responsibilities (Dunsmuir, 1). The issue of abortion in the Canadian constitutional law is potentially disruptive and divisive issue. The Supreme Court of Canada struck down the provisions of the criminal code that governs the procedures of abortion in early 1988. Moreover, a new bill for abortion (Bill C-43) was introduced late in 1989 in parliament with the belief that a negotiated legislation would offer solution to the discussion of abortion at the federal level. However, in 1991, the bill was overwhelmed by unprecedented tied in the senate (Dunsmuir, 1).

The attitudes towards the issue of abortion throughout history have been influenced by social mores, religious principles, and attitudes towards family and the women. Of late, the attitudes towards abortion have increasingly been influenced by advances in the technology as well as, including safer and simpler techniques of abortion, and improved techniques for understanding development of the fetus (Dunsmuir, 1).

In the constitutional law, the abortion issue has elicited considerable discussion over the limits  of the responsibilities of the federal government, or their jurisdiction over abortion. This is for the reason that abortion is a health issue and needs a medical procedure. If to the desirable extent to ban abortions, or create the situations under which abortions cannot be done, then the federal government will have the jurisdiction, since moral reasons or prohibition of action of health is constitutional linked to criminalization. However, if the desirable extent for abortion regulation, or the conditions under which abortion regulations can be performed, then the government shall have the jurisdiction and the duty and right to regulate such issues of health (Dunsmuir, 1).

 

Analysis

Principles of Fundamental Justice as the basis for assessing the abortion issue

principles of fundamental justice, according to CCLN, refers to the principles against which the laws that are potentially infringing must be measured if they are in compliance with section 7 of the charter. This section is concerned with the security, liberty and life of a person. It states that everyone has the right to security, liberty and life as well as the right not to be deprived of these rights in line with the fundamental justice principles (1).

The enumerated rights under section 7 of the charter can be compromised in the cases where the laws regarded as infringing are in accordance with the fundamental justice principles (Canlii – 1988 Canlii 90 (SCC)). This implies that within the justice system, there are core values that must prevail over these rights for the society’s greater good. These include substantive guarantees and natural justice (Re B.C. Motor Vehicle Act, [1985]).

In 1983, Dr. Henry Morgentaler with other two physicians were charged for procuring miscarriages illegally. When the case reached the supreme court, several legal matters had been reduced effectively as whether the criminal code’s abortion requirements, in an way that is not justified, infringed on the woman’s right to security, liberty and life as guaranteed under section 7 of the charter (Dunsmuir, 1). In their decision, all the judges agreed that section 251 (now 287) of the criminal code infringed on the right to security of the woman. Also, the processes by which a woman was deprived of this right was not in accordance to the fundamental justice. These decisions echo a finding by Wilson J. who in 1969 found that abortion law was in accord with the fundamental justice principles (Dunsmuir, 1).

Political implications

Abortion laws in Canada has for many years been controversial and sensitive politically. With removal of some unconstitutional provisions in the criminal code, this may elicit anti-abortion movements sentiments as well as those opposed to abortion laws. Back then and today, the issue of abortion has remained political and divisive and condemned by both sides, that is the pro-life and the pro-choice camps. The pro-choice camp consider abortion as a individual issue that should be decided by the expectant woman and not by the state (Long, 1). Throughout 1970s and 1980s, the pro-choice (those looking for abortion legalization and its funding by the public) and the pro-life camp (those seeking abortion law that is stricter) organized huge rallies and demonstrations.

However, since the ruling of 1988, abortion issue has continued being a hot political issue. As a result, the governments and the federal political parties since 1990 have avoided the topic of abortion in their legislative debate, favoring the supreme court to have the final word instead of enacting new legislation that would either make the present system formal, or in some way change it. Some individual members of parliament on many occasions have brought to the floor private member bills in the past decades (both sides of the debate on abortion). However, none of these bills have passed the House of Commons and so none has become a law (Long, 1).

Should constitutional or legal rules relating to the abortion issue be changed?

This paper is of the opinion that the legal or constitutional rules relating to the abortion issue should be changed. This view is also supported by the federal government in Canada since they have started the processes of stripping sections of the Canada’s criminal code that are outdated. In landmark Supreme Court ruling in 1988 that favored Dr. Henry Morgentaler, the court found the prohibition against abortion to be unconstitutional. However, the text that outlawed forced miscarriage was never expunged from the books (Harris, 1).

Justice Minister Jody Wilson-Raybould earlier this year stated that if the government is going to remove the provisions of the abortion from the criminal code or making a link to the discussion of abortion, the Canadian government without equivocation acknowledges and recognizes the women’s constitutional rights and taking the courageous steps to make sure it expunges the section from the criminal code (Harris, 1).

Harris also pointed out that the experts in criminal justice have been calling on the government to enact reforms on the code which they state that is composed of laws that are outdated, inconsistent language and duplications (1). For instance, Stephen Coughlan, a law professor at Dalhousie University indicated that a wider overhaul is needed

Lastly, the paper is also of the opinion that the enforcement system/ penalty system for the rules be changed to increase compliance with the rules. This is because this provisions in the criminal code criminalizes the conscience and a moral decision of whether or not to terminate pregnancy. This violates the freedoms of conscience that is protected by section 2(a) of the charter, and is not in accord with the fundamental justice (Dunsmuir, 1).

Work cited

“Canlii – 1988 Canlii 90 (SCC).” Canlii.org. N.p., 2017. Web. 6 Oct. 2017. < https://www.canlii.org/en/ca/scc/doc/1988/1988canlii90/1988canlii90.html>

CCLN. “Principles Of Fundamental Justice – Canadian Criminal Law Notebook.” Criminalnotebook.ca. N.p., 2017. Web. 6 Oct. 2017.

Dunsmuir, Mollie. “Abortion: Constitutional And Legal Developments (89-10E).” Publications.gc.ca. N.p., 2017. Web. 6 Oct. 2017. <http://www.publications.gc.ca/Collection-R/LoPBdP/CIR/8910-e.htm#ISSUE>

Harris, Kathleen. “Government Moves To Strip Abortion Law From Criminal Code.” CBC News. N.p., 2017. Web. 6 Oct. 2017. <http://www.cbc.ca/news/politics/justice-legislation-criminal-code-1.4015508>

Long, Linda. “Abortion In Canada.” The Canadian Encyclopedia. N.p., 2017. Web. 6 Oct. 2017. <http://www.thecanadianencyclopedia.ca/en/article/abortion/>

Re B.C. Motor Vehicle Act, [1985] 2 SCR 486, 1985 CanLII 81 (SCC), <https://www.canlii.org/en/ca/scc/doc/1985/1985canlii81/1985canlii81.html>, retrieved on 2017-10-06

Comparison/ Contrast about Creation Myth

Comparison/ Contrast about Creation Myth

Comparison/ Contrast about Creation Myth

  1. Creation Theories

The first lines in the first section of the bible states that “in the beginning God create heaven and earth” this means that the earth had no form, it was full of darkness and it dint contain anything. After that event, God continued to create different things day by day as according to Carlson, Richard and Tremper (25) as explained below in details;

First Day: God created light and light was separated from darkness that occurs at different time of the day.

Second Day: God created the universe that separated water and sky.

Third day: God created the earth and the sea and later on the same day God created plants and animals to live in. the earth is the dry land where plants can grow and animals can either live in waters or on the land.

Fourth day: God made moon, sun, stars and other objects in the skies that are important in providing light and influencing climatic conditions necessary for the existence of animal and plants created in the second day. Also, these items were used to signify the beginning or the ending of seasons such as daytime, nighttime, month and years.  Climatic condition can also be influenced by items create in fourth day such as hotness, cold, windy, rainy seasons that have major impact of land and water (Carlson, Richard F & Tremper, 33)

On the fifth day: God created creatures for filling the sky and water. They include winged birds and aquatic animals.

On the sixth day, God made animals that were to exist on the land and later made human being to rule over these animals. Human being was the man and a woman who were called Adam and Eve. While creating a human being, God ensured that they have resembled him and gave then more knowledge and powers to do things than all the other animals.

On the last day God rested having finished creating things and this day God made it holly. In this day, God rested and resting portrays the need for refreshing that every human being requires for the sake of relieving our inner self from effects of stress, strain, tiredness and other aspects in social lives (Carlson and Longman, 42).

In the begin chapters of the bible, the genesis 1st, the book give two characters who include, the man and God who represents the biblical drama. God is the centre-stage while the main theme is to portray a divine love biblically whereby, God create all other things separately and offers his love to a human being by assigning then to him and to take control over them. Similarly, genesis 1 is showing God as the author of creation and creation theory being a Devine drama, the drama can then be comprehended by beliefs of an individual. When reading this chapter, one tends to ask him/herself, how? When? Where? Did all that happen? Answer to these questions will remain mysterious to the audience but the main gain to the audience is the faith enrichment.

Accordingly, Carlson & Longman (56) states that at the end of creation, God rested and was thankful to all the work he did and considered it as “Good”. It is for this reason that despite all the challenges individuals face everyone will remain part of Gods creations that is so great to him. Creation story teaches us that after God accomplished his work he praised and enjoyed about it, therefore our work is the sources of our daily living and we should be proud about it. The interrelation of faith and reason might provide us with an alternative way of approaching the individual categories of faith and reason. The major claim of this biblical concept is that they both play a part in understanding God and Scripture (Carlson & Longman, 62). To elaborate on this a little bit more, this concept also means that we all have to place our faith in some authority (in a religious context: God or Scriptures) as the basis for how we think and do. However, we should not be satisfied with simply resting on an authority, but we should seek to understand the authority in which we have placed our faith.  In other words, we should not just believe, but we should seek to understand why and what we believe. The driving idea behind this concept is the complete association between Gods creations and the work of mankind (Carlson & Longman, 71).

  1. Darwin’s Theory of Evolution

According to Francis (118) Darwin’s theory believes in of biological evolutions is based on notion that live evolved from common ancestors but from different species. The theory assumes that, simples creatures have been changing over long period of time to give simple creatures that exists today. Darwin theory presumes that natural evolutions occur to nonliving thing and over years for living things. For instance, according to Darwin, Man originated from an animal that through environmental facture, its changes gradually over years until it formed mankind.

  1. Mayan Creation Theories

Mayan creation theory tells that there were two Gods who made the world and include Tepeu the Maker and Gucumatz the Feathered Spirit. These two Gods met in the darkness and decided to create the world through imaginations. Anything they could think about in their imaginations came to being an exhausting all imaginations the world way create and complete with everything.  Animals were also created and later decided to man a mankind that was created after a number of attempts. Previous attempts to make a mankind lacked simple skills that made them be destroyed while others disappeared in the woods and became monkeys (Kaku, 109).

This theory of creation is based on assumption of events and thing. Mayan creation theories can be based on historical facts and it does not show the true origin of events or mankind. The theory can be assumed to be imaginative story that it full of facts but no evidence. These facts are similar to biblical creation theories in the way they occur and the time that are created at different events (Kaku, 121).

4. INUIT Theories

According to the theory, the world existed and was empty and silent. The theory is sources from “Raven” that made the waters with beats of his wings. Accordingly, man existed but had no knowledge of survival or the ability to do anything. The “Raven” being the main character that changed the man nature by offering whatever it was asked. Every creation was done in different days as man asked from the Raven. Therefore, most creations including animals, plants and other beings were made through man desire for then and from the powers of the raven.

Different theories have been the sources of many myths found amongst mankind from different backgrounds and the key driver to the formation of different religions. Mythical dimensions are symbolic influences to cultures, religious conflicts, politics, social esteem, natural or scientific ideas and the formation of laws amongst modern society.

References

Carlson, Richard F, and Tremper Longman. Science, Creation And The Bible. 1st ed. Downers Grove, Ill.: IVP Academic, 2010. Print.

Francis, Keith. Charles Darwin and The Origin Of Species. 1st ed. Westport, Conn.: Greenwood Press, 2007. Print.

Kaku, Michio. Parallel Worlds. 1st ed. New York: Doubleday, 2005. Print.

Authenticity and Confidentiality Guaranteed

The authenticity of our freelance essay writing and the confidentiality of all the information are guaranteed. We do not disclose private information of our customers and we do not reuse ANY custom papers.

Order custom written term papers, sample essays, thesis papers, research papers, book reviews, dissertations, speeches, book reports and other assignments. Exclusive writing in approximately 70 subjects. NO PLAGIARISM

Order a custom paper written from scratch
on practically any subject

Essay Freelance Writers/ Comparison/ Contrast about Creation Myth Qualified writers only

Essay Freelance Writers/ Comparison/ Contrast about Creation Myth Plagiarism free guarantee

Essay Freelance Writers/Comparison/ Contrast about Creation Myth It will just take you 2 minutes

AUSTRALIAN CORPORATION LAW – Lifting The Corporate Veil

AUSTRALIAN CORPORATION LAW - Lifting The Corporate Veil

AUSTRALIAN CORPORATION LAW – corporate veil

Introduction

Under the Australian corporate law or the company law, a corporation is referred specifically as a legal person.[1] This means the corporation is regarded as a subject who has rights and has capability of entering into contracts, owning property, can be sued and has the ability to sue in its own name.[2] This means that a corporation under the Australian corporation laws is a juristic person that is treated as a person legally in most instances and is empowered of owning property, can sue or be sued, and even execute contracts. According to Burnett,[3] the main motivation of creating a company or a corporation in Australia is the offered limited liability to the company’s shareholders. The doctrine of limited liability states that a shareholder of a company can only loose what they contributed to the corporation as shares. However, Presser[4] pointed out that there are exceptions to the limited liability’s general concept. This implies that in some circumstances, the courts have to examine deeply the corporation, and this is referred to as piercing the veil or lifting the incorporation veil.[5] When a court pierces the veil, it holds the company’s shareholders liable for the corporation’s obligations personally and directly. The invocation of the veil doctrine is done when the distinction between the shareholders and the corporation is blurring.[6] Ramsay[7] noted that despite the fact that a corporation or a company acts as a separate legal entity, it does so through the human agents. Therefore, there are two major ways in which a corporation becomes liable to the Australian corporate or company law. That is through secondary liability, where the human agents that compose it act in their line of employment, or through direct liability for the infringement committed directly.

Lifting of the corporate veil has two theories, that is the self theory or the “alter ego,” and the other is the instrumentality theory.[8] Anderson[9] indicated that the alter-ego theory makes consideration whether there exists boundaries between the shareholders and the corporations. On the other hand, the instrumentality theory evaluates the corporation’s use by the shareholders in ways that are beneficial to the owner instead of the corporations. Therefore, it is upon the court to make a decision on the theory it applies of the two doctrines.[10] Generally in Australia, piercing of the corporate veil by the courts is very rare since the courts are very reluctant, and it is only done when imposition of liability one to reach a result that is equitable.

The Concept of Separate Legal Personality-The Veil Doctrine

The clause of separate legal personality has an important ingredient in it, and that is the limited liability. The limited liability of the shareholders to the corporation gives the investors certain insurance in the corporation from their private lives. Therefore, the maximum a shareholder of a corporation can lose is the paid amount for the shares and this is his or her investments value.[11] Therefore, the claims to the corporation by the creditors may be satisfied with the assets of the corporation to settle their claims, and they cannot proceed to the separate or the personal assets of the owners or the shareholders.[12] This according to McLaughlin[13] caps the risk to the investor, and subsequently their potential for gain. Corporations evidently exists to shield their shareholders from being individually liable for the corporations debts

The doctrine of limited liability, in fact goes hand in hand with the separate legal personality concept. The significance of the concept of limited liability is that it protects the company members and itself, and also helps in facilitation of the commercial ventures that is of the company’s interest.[14] This principle acts further by encouraging and attracting investment in the corporate from individuals and other limited companies, which is needed to speed up development. Similarly, the principle facilitates better strategies for development by the company, in addition to raising the standards of corporate organization managerial.

Burnett  described the separate legal personality concept as “…essential use of language metaphorically, naming a formal group with a legal separate single entity by analogy with a natural person”[15]

The Australian corporate laws, in fact requires the shareholders of the company to make a response to the organizational realities of the company, and also making intelligible and conforming with organizations treatment as legal actors.[16] This implies that the conception of a corporation is prescriptive, descriptive, ideological and analytical. However, Burnett[17] pointed out that the conception of law that a company before law is a legal person to some extent is satisfying and seems proper. However, the problem is very much complex. In his argument, he states that the concepts have life “in law” of their own because of their ability to influence ex ante the judges’ thinking and to be involved ex post by judges to make justification of their conclusion.

Limited liability concept

The key concept behind the company’s legal personality is that it is separate from its owners’ or shareholders. This is based from the limited liability clause of separate legal personality. The concept of the limited liability is aimed at providing investors certain insurance of their own personal properties and lives from their businesses. Therefore, the only amount that a shareholder of corporation can lose is the paid amount for the shares which is his or her investment value.[18] The corporation’s creditors who have claims against the corporation may be satisfied by the corporation’s assets and cannot go beyond to the personal assets of the shareholders

The treatment of the separate legal personality by the courts under the Australian common law jurisdictions

The piercing of veil doctrine, under the Australia common law jurisdictions is one of the methods in which the courts mitigate the logical fulfillment strenuous demands of the concept of separate legal personality. According to Presser,[19] the problems of getting some principle through all different decisions of the courts stems basically from the cases false unity. As much as they involve many different issues, they are still associated with the veil concept metaphor

Interpretations of the limited liability concept verses lifting the veil illustration

Salomon V. Salomon & Co[20]

The Salomon case also referred to as the Salomon V. Salomon & Co case is the precedence and the foundational case for the corporate personality doctrine, and guide to the judiciary of corporate veil lifting.[21] In the Salomon case, the House of Lords affirmed the legal principle that a company is considered generally, upon incorporation to be a new separate legal entity from its shareholders. This was done by the court in relation to what was a company of one person, who was Mr. Salomon.

Decision and facts of the Salomon case

Salomon was leather merchant and a shoe manufacturer for three decades. He formed a company when his business become solvent called Aron Salomon & Company Ltd and subsequently sold his business to it. Under the requirement of Companies Act 1862 (UK),[22] which required 7 subscribers to a company, the whole family of Salomon comprising of 5 children, and his wife subscribed to satisfy the statute

The value of the Salomon’s business was £39,000 which seemed to be inflated. After the business sale, he took £20,000 paid shares and debentures worth £10,000, secured by a flouting charge. From the purchase price, the balance remained as debt unsecured.

The company faced financial crisis soon and need funds injection, of which Salomon advanced £5000 browed from Broderip. To get the loan, the debentures were cancelled by Salomon ad reissued to Broderip. However, Broderip payment fell into arrears and he consequently enforced his security.

The company was liquidated thereafter and payments made to Broderip. However, balance of indebtedness remained secured by the debentures. Moreover, Salomon applied for reversion of entitlement. Ramsay[23] indicated that if the claim was granted, there would be no funds to pay the other creditors unsecured. The argument of the liquidators were that the debentures were invalid and fraudulent

The court held that the company was acting as an agent and a nominee of Salomon and therefore he was to personally indemnify the creditors of the company. Moreover, te court of appeal rejected his appeal and held that he was the company’s trustee which was merely his shadow. Salomon further appealed to the House of Lords, which rejected the rulings of the lower courts. Lord MacNaghted indicated that.

The company is at law a different person altogether from the subscribers to the Memorandum and, although it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not in law the agent of the subscribers or trustee for them.  Nor are subscribers as members liable, in any shape or form, except to the extent and in the manner provided by the Act.  That is, I think, the declared intention of the enactment[24]

The House of Lords judgment brought out the concept of company as a legal entity. The independence and separation from the individuals involved in the management of the company and structure was defined in the Salomon’s case. Therefore, if the creditors transacted with the company, the recourse has to be made with the company not the people behind it.

Lee v Lee’s Air Farming [1961] AC 12 & Industrial Equity Ltd v Blackburn (1977) 52 ALJR 89[25]

In this case Lee formed Lee Air Farming Ltd that deals with aerial top dressing. All the shares were held by him except one held by his lawyer. He was the managing director of the company and the chief pilot of the company. However, Lee got killed in the aero plane crush. Under the workers compensation insurance of the company, his widow sued the company but was rejected the court of appeal of New Zealand on the basis that Lee as the governing director was not a employee. The widow subsequently appealed the decision to the Privy Council.

It was affirmed by the court that the court was a legal entity. Lord Morris stated that;

A contractual relationship could only exist on the basis that there was consensus between two contracting parties.  It was never suggested (nor in their Lordships’ view could it reasonably have been suggested) that the company was a sham or a mere simulacrum.  It is well established that the mere fact someone is a director of a company is no impediment to his entering into a contract to serve the company.  If, then, it be accepted that the respondent company was a legal entity their Lordships see no reason to challenge the validity of any contractual obligations which were created between the company and the deceased.”

Significance of the cases

From the cases it has been established that a company acts on its own name and right, and not through its owners or agents. For example, in the case of Gas Lighting Improvement Co Ltd v Inland Revenue Commissioners,[26] the court affirmed that a legal company acts independently if the shareholders. Moreover under this case, the courts established a very important doctrine under the Australian constitutional law that shareholders of a company has no liability to the debts of the company beyond their capital investments

In the case of The King v Portus; ex parte Federated Clerks Union of Australia,[27] the judges stated that the company is an entity on its own from the shareholders, and therefore they are not liable for debtors the company owes the creditors.

Conclusion

In conclusions, an Australian corporation law that governs corporations and companies in Australia identifies corporations as legal people that act on their own. As much as companies are managed, owned and run by individuals, their liability is limited to the company’s liability. The concept of separate legal personally and the concept of limited liability under the Australian constitution considers the companies independent and separate from the owners. However, the veil doctrine outlines instances where the courts can go beyond the limit of a company depending on how the company was being managed. The cases highlighted in the essay affirm that a corporate is separate from the shareholders, and therefore their personal and privates properties should not be attached because of the debt of the company’s creditors.

References

[1897] AC 22 at 51.

  1. “Corporations: Piercing the Corporate Veil”. The Australian Law Journal. 86, no. 9: 586.

Anderson H. 2009. “Piercing the Veil on Corporate Groups in Australia: The Case for Reform”. Melbourne University Law Review. 33, no. 2.

Anderson, Helen. 2012. “Challenging the Limited Liability of Parent Companies: A Reform Agenda for Piercing the Corporate Veil”. Australian Accounting Review. 22, no. 2: 129-141.

Australia. Corporate and Financial Services Regulation Review: Consultation Paper. Canberra: Treasury, 2006.

Australian Legal Group. Corporate Headlines: A News Sheet from the Australian Legal Group. [Sydney]: The Group, 1990.

Burnett, Brian. Australian Corporations Law Guide. North Ryde, NSW: CCH Australia, 1994.

Burnett, Brian. Australian Corporations Law. Sydney: CCH Australia Ltd, 1997.

CCH Australia Limited. Australian Corporations Law. North Ryde, N.S.W.: CCH Australia, 1996.

Gas Lighting Improvement Co Ltd v Inland Revenue Commissioners, (1923) AC 723 at 740 – 741 .

International Corporate Legal Responsibility. Alphen aan den rijn: Wolters kluwer law & bus, 2012.

Lee v Lee’s Air Farming (1961) AC 12

McLaughlin, Sue. Unlocking Company Law 2nd Edition. Hoboken: Taylor and Francis, 2013. <http://public.eblib.com/EBLPublic/PublicView.do?ptiID=1181031>.

Presser, Stephen B. Piercing the Corporate Veil. New York, N.Y.: C. Boardman, 1991.

Ramsay, I. M., and D. B. Noakes. 2001. “Piercing the Corporate Veil in Australia”. COMPANY AND SECURITIES LAW JOURNAL. 19: 250-271.

Salomon V. Salomon, House of Lords. (1896), [1897] A.C. 22 (H.L.)

The King v Portus; ex parte Federated Clerks Union of Australia (1949) 79 CLR 42,

 

[1] Burnett, Brian. Australian Corporations Law. Sydney: CCH Australia Ltd, 1997.

[2] Ibid

[3] Burnett, Brian. Australian Corporations Law Guide. North Ryde, NSW: CCH Australia, 1994.

[4] Presser, Stephen B. Piercing the Corporate Veil. New York, N.Y.: C. Boardman, 1991.

[5] Australia. Corporate and Financial Services Regulation Review: Consultation Paper. Canberra: Treasury, 2006.

[6] Ibid.,44

[7] Ramsay, I. M., and D. B. Noakes. 2001. “Piercing the Corporate Veil in Australia”. COMPANY AND SECURITIES LAW JOURNAL. 19: 250-271.

 

[8] Australian Legal Group. Corporate Headlines: A News Sheet from the Australian Legal Group. [Sydney]: The Group, 1990.

[9] Anderson H. 2009. “Piercing the Veil on Corporate Groups in Australia: The Case for Reform”. Melbourne University Law Review. 33, no. 2.

[10] 2012. “Corporations: Piercing the Corporate Veil”. The Australian Law Journal. 86, no. 9: 586.

[11] International Corporate Legal Responsibility. Alphen aan den rijn: Wolters kluwer law & bus, 2012.

 

[12] Anderson, Helen. 2012. “Challenging the Limited Liability of Parent Companies: A Reform Agenda for Piercing the Corporate Veil”. Australian Accounting Review. 22, no. 2: 129-141.

[13] McLaughlin, Sue. Unlocking Company Law 2nd Edition. Hoboken: Taylor and Francis, 2013. <http://public.eblib.com/EBLPublic/PublicView.do?ptiID=1181031>.

[14] Ibid.12

[15] Burnett, Brian. Australian Corporations Law. Sydney: CCH Australia Ltd, 1997.

[16] CCH Australia Limited. Australian Corporations Law. North Ryde, N.S.W.: CCH Australia, 1996.

[17] Burnett, Brian. Australian Corporations Law Guide. North Ryde, NSW: CCH Australia, 1994.

[18] Australia. Corporate and Financial Services Regulation Review: Consultation Paper. Canberra: Treasury, 2006.

[19] Presser, Stephen B. Piercing the Corporate Veil. New York, N.Y.: C. Boardman, 1991.

[20] Salomon V. Salomon, House of Lords. (1896), [1897] A.C. 22 (H.L.)

[21] Australian Legal Group. Corporate Headlines: A News Sheet from the Australian Legal Group. [Sydney]: The Group, 1990.

[22] International Corporate Legal Responsibility. Alphen aan den rijn: Wolters kluwer law & bus, 2012.

[23] Ramsay, I. M., and D. B. Noakes. 2001. “Piercing the Corporate Veil in Australia”. COMPANY AND SECURITIES LAW JOURNAL. 19: 250-271.

[24] [1897] AC 22 at 51.

[25] Lee v Lee’s Air Farming (1961) AC 12

[26] Gas Lighting Improvement Co Ltd v Inland Revenue Commissioners, (1923) AC 723 at 740 – 741 .

[27] The King v Portus; ex parte Federated Clerks Union of Australia (1949) 79 CLR 42,

Authenticity and Confidentiality Guaranteed

The authenticity of our freelance essay writing and the confidentiality of all the information are guaranteed. We do not disclose private information of our customers and we do not reuse ANY custom papers.

Order custom written term papers, sample essays, thesis papers, research papers, book reviews, dissertations, speeches, book reports and other assignments. Exclusive writing in approximately 70 subjects. NO PLAGIARISM

Order a custom paper written from scratch
on practically any subject

Essay Freelance Writers/ AUSTRALIAN CORPORATION LAW - corporate veilQualified writers only

Essay Freelance Writers/ AUSTRALIAN CORPORATION LAW - corporate veilPlagiarism free guarantee

Essay Freelance Writers/ AUSTRALIAN CORPORATION LAW - corporate veilIt will just take you 2 minutes

Organizational restructuring

Organizational restructuring

Organizational restructuring

Restructuring according to Gowing, Kraft & Quick (2007) involves reposition of the strategic focus for an organization. The restructuring process entails the organization make changes on the key internal structures such as the strategies, operations, ownership and legal structures. This makes it better for the organization to meet its evolving and present needs. SMAC (2010) noted that in most instances, organizational restructuring is caused by an emergency crisis unexpected or events that forces the organization to quickly respond to prevent is very survival threat, such as failure or bankruptcy. Just like in the case study, L&T InfoTech Company restructured itself to stop leakage of its revenues by dividing the business into two clusters a service and industrial clusters. Restructuring of L&T Infotech Company enabled it to tap on the potential of individual cluster.

National Conference on Business Ethic et al (2009) stated that organizations do not need to wait for materialization of a grave threat before beginning the process of strategic restructuring. Depamphilis (2007) asserted that in fact, restructuring of an organization in the absence of any crisis can result in activities that produce strategic value of higher levels, which can mitigate substantially, if not wholly, the emergency or crisis from coming up in the first place. As much as it is true that socio-economic and political variables are definitely outside most of the ability of organizations to influence, this does not imply that there is nothing the organizations can do. Organizations that can restructure before arising of an emergency can eliminate or substantially decrease, being forced to adopt rushed restructures that might be needed to confront a danger at present, but also affect severely long term growth and value. Murthy (2007) stated that organizations that engage in internal reviews periodically and remain open to the changes and strategic restructurings will show consistently in environments that are changing, and be well placed for long term, growth.

Leaders of an organization find it necessary often to change how their organizational units operate for reasons such as changing the priorities of units, enhancing the effectiveness of the organization, initiating new programs and also to address budget reductions. According to Joyce (2000), a successful organizational reorganization requires advance and careful planning and preparation that address support services, programmatic needs required to advance the goals of the organization, and effective communication and workforce planning.

Many organizations functions in complex and procedural environments and therefore it is critical that they when reorganizing structurally to involve  human resource if it may result in addition of new positions, changing significantly the work assignments, reduction or elimination of the positions existing, or even modifying the relationships of reporting for the current employees. Mishra (1991p. 57) indicated that such changes can lead to adjustment of compensation either downwards or upward, creation of new positions among other structural changes.

Organization restructuring takes place through two different ways, downsizing and re-engineering.

Downsizing

Downsizing according Freeman (2014p. 213) refers to interventions aimed at reducing the organization size. When downsizing, Freeman (2014p. 214) indicated that the organization need to first clarify its strategies, assess the options of downsizing and make choices that are relevant, implement changes, address the needs of those who leave and the survivors, and lastly follow through with the plans of growth. Ryan &Macky (2008p. 33) observed that there are mixed results from downsizing and this is because of the way in which different organizations conduct it. Cameron, Freeman & Mishra (1991p. 69) elaborated on the tactics of downsizing with their characteristics.

  • Workforce reduction.

This is characterized by reduction of headcounts, fostering of transition and the short term focus. For example, lay-offs, retirements and attrition

  • Organization redesign.

This is characterized changes in the organization, fostering of transformation and transition, and the medium term focus. For example, merging of units, elimination of functions, redesigning tasks and products

  • Systemic.

This tactic is characterized by changes in culture of the organization, fostering of transformation, and long term focus. For example, changing of responsibilities, fostering continuous improvement and downsizing

Re-engineering

This is the radical design and rethinking of processes of business in order to achieve improvements in performance dramatically. The implementation steps of re-engineering method of organizational restricting include preparation of the organization, rethinking of the way work gets done fundamentally. This involves identification and analysis of the core procedures of the business, definition of performance objectives, and designing of new processes. The last step of re-engineering is restructuring of the organization around the new processes of business.

Littler et al (2007p. 65) observed that in many of today’s organizations, the way of life is downsizing. However, studies have indicated that these initiatives of organizations, although intended to lead to positive results, do more harm to the organization and the workforce than good. The harm is to the productivity and profitability or organization and also to the process of learning of organizations.

As a result of the changes that takes place within the environment of business and their impacts on the structure of organizations, recent studies have observed many examples of organizational downsizing (Belasenet al 2006p. 96). Just like in other developed nations, in Australia, these initiatives of downsizing often takes place within large organizations that in the past had enjoyed some immunity degree from retrenchment. For instance, in a survey conducted by United States Conference Board in 1992 found out that 90% of surveyed large companies had taken downsizing actions significantly five years prior the survey. Similarly, Cameron, Freeman & Mishra (1991p. 62) pointed out that in the period between 1987 and 1991, approximately 85% of the 1000 Fortune corporations downsized the white collar employees. According to Best (2010), in 1994 alone, during the first seven months approximately 350,000 Americans were rendered jobless because of the downsizing initiatives.

The emergent downsizing characteristics which hit the firms in western nations a decade ago, has now shifted to Japan where the human resource managers of Japan firms  have begun to downsize their workforce. Wagar (2007p. 307) observed that since mid-1980s, downsizing of employment has been considered as the route preferred to improve the performance of the organization. Patel &Cardon (2010p. 277) also noted that companies tended to downsize as they struggle to meet the expectations of the Wall Street. The fundamental conclusions of a study conducted by the government indicated that the failure or success of an organization that has been downsized depends on the remaining workforce after downsizing.

According to Krishnan & Park (2009p. 55), even if the economy of United States entirely is expanding, many organizations are continuously reorganizing by downsizing, and the experts believe that the trend of downsizing will not end very soon. These initiatives of downsizing are believed to represent the early stage of long term continuing socio economic evolution. SMAC (2010) argued that more than shrinking the organizations workforce simply, much of the change appears to represent a permanent shift in organizational, economic and social competition structures.

Organizational change management

According to National Conference on Business Ethics et al (2009), restructuring is an issue that is complex with break or makes implications for organizations. The restructuring benefits include cost reductions while creating effective processes, efficient structures and engaged staff. In a study conducted by Littler et al (2007p. 67), they found that poor execution by senior leadership is common. Their global study from 15 countries drew 28,000 responses which includes 4,539 from New Zealand and Australia. The research summary of the results from the research compared data of new Zealand/Australia against Asia and the global data.

Only 4% of the participants from New Zealand/Australia agreed that their senior leaders appropriately responded to external conditions. This is better compared to the rating of the Asia-pacific mangers that had 43% from the participants. Similarly, Participants from new Zealand/Australia rated their organizations 47% to indicate that change was effectively handled in their organizations. Asia pacific had 38% and globally it was 43%. (Littler et al 2007p.74).

Furthermore, Littler et al (2007p. 75) indicated that 45% of the new Zealand/Australia participants believed that their senior leaders effectively implemented change in their organizations. This was high compared to 37 of Asia-pacific and 42% from the rest of the world. Moreover, 54% of the participants from new Zealand/Australia considered their managers good for informing them about the organizations happenings. Asia it was 41% and 50% globally (Littler et al 2007p. 75).

Relationship between employee engagement and change management

The graph indicates that the participants who responded that change was handled effectively in their organizations were ten times more likely to get engaged compared to the people who believed that in their organizations change was not effectively handled.

Figure 1

Figure 1

Relationship between productivity and change management

In looking at the relationships between productivity and change management, the study examined the responses of the participants to two items. That is whether change is effectively handles in their organizations, and whether processes of work are efficient and well organized generally. The results indicated that 82% of the participants who agreed that change was effectively handled in their organizations also agreed that work processes was efficient and well organized (Littler et al 2007p. 71). This is an indication that where change is effectively handled in an organization, the productivity level or efficiency was also higher.

organization, the productivity level or efficiency was also higher.

Figure 2

The study indicated that as much as it is relatively easy to reduce the organizations head count, it is much harder to avoid consequential loyalty of the customers, slide in revenue and profits. Restructure and downsizing that is successful depend on motivation and engagement of the survivors. The study also indicated that despite costs reduction through restructuring, many organizations may face significant challenges of performance in the aftermath years.

Employee commitment

It is often difficult to recognize institutional change when a person is in amidst of it. Walton (1991p. 43) observed that committed employees are always great and productive to the organization. To get commitment of the employees to an organization, the managers and the employees with their unions must have a common interest, develop a mutual trust and agree on how to sponsor quality of work life or the involvement activities of the employees (Dessler, 2004p. 118).

Walton (1991p. 52) observed that recently increasing number of the manufacturing companies has started eliminating the plant hierarchy and increasing the span of control of the managers, integrating quality and the activities of production at the lower levels of the organizations, and opening up for workers the new career possibilities. Similarly, some other companies has started to commit themselves to informing their employees more about the businesses and to encourage everyone in the organization to participate and to be committed and have greater responsibility.

In the new commitment based approaches, to the organizations workforce, Dessler (2004p. 121) elaborated that jobs are being designed to be broader unlike before, to combine implementation and planning, and to include upgrade operations efforts. The responsibilities of the individuals are expected to change as the conditions in the organization change. Walton (1991p. 53) noted with the hierarchies in management flat relatively and the status differences minimized, lateral and control coordination depend on the goals shared and the expertise rather than the positions that can determine influence.

Equally important to the employee commitment to a company is the challenge  of assuring the employees of their security, maybe by prioritizing them in retaining and training as elimination of old jobs is done and new jobs created during restructure of the organization (Dessler 2004p. 126). By guaranteeing the employees access to the change process and providing means for them to be heard on issues such as problem solving, production methods and human resource practices and policies, employee commitment is achieved.

Conclusion

In conclusion, restructuring of organizations strategically can be beneficial for a company. The past two decades has seen the trend of restructuring of organizations gaining force when they are faced with crisis. Reduction of workforce in the change process of downsizing has been welcomed with mixed reactions. As much as downsizing creates effectiveness, engages staff and reduces costs, poor executions are common. Lastly, employee commitment is fundamental to an organization and will enable an organization to achieve sustainability, expand its capacity and increase its financial power. Build of trust among the employees when the organization is restructuring is important for the success of the company and peace for the survivors.

References

Gowing, M. K., Kraft, J. D., & Quick, J. C. (2007).The new organizational reality: downsizing, restructuring, and revitalization. Washington, DC, American Psychological Association.

Society Of Management Accountants Of Canada. (2010). Organizational restructuring. Hamilton, Ont, Society of Management Accountants of Canada.

National Conference On Business Ethics, Hoffman, W. M., Frederick, R., &Petry, E. S. (2009). The ethics of organizational transformation: mergers, takeovers, and corporate restructuring. New York, Quorum Books.

Depamphilis, D. M. (2007).Mergers, acquisitions, and other restructuring activities. Amsterdam, Elservier/Academic Press. Accessed from http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=319671.

Murthy, C. S. V. (2007). Change management. Mumbai [India], Himalaya Pub. House Pvt. Ltd. Accessed from http://site.ebrary.com/id/10415538.

Joyce, P. (2000). Strategy in the public sector: a guide to effective change management. Chichester, John Wiley.

Cameron, K.S., Freeman, S.J., & Mishra, A.K. (1991). Best practices in white-collar downsizing:

managing contradictions. Academy of Management Executive, 5 (3): 57-73.

Freeman, S. J. (2014). Organizational downsizing as convergence or reorientation: Implications for human resource management. Human Resource Management.33, 213-238.

Ryan, L., &Macky, K. A. (2008). Downsizing Organizations: Uses, Outcomes and Strategies. Asia Pacific Journal of Human Resources.36, 29-45.

Littler, C. R., Dunford, R., Bramble, T., &Hede, A. (2007).The Dynamics of Downsizing in Australia and New Zealand*.Asia Pacific Journal of Human Resources.35, 65-79.

Belasen, A. T., Benke, M., Dipadova, L. N., &Fortunato, M. V. (2006). Downsizing and the hyper-effective manager: The shifting importance of managerial roles during organizational transformation. Human Resource Management.35, 87-117.

Best, M. H. (2010).The new competition: institutions of industrial restructuring. Cambridge, Mass, Harvard University Press.

Wagar, T. H. (2007). Factors Affecting Permanent Workforce Reduction: Evidence from Large Canadian Organizations. Canadian Journal of Administrative Sciences / Revue Canadienne Des Sciences De L’Administration.14, 303-314.

Patel, P. C., &Cardon, M. S. (2010). Adopting HRM practices and their effectiveness in small firms facing product-market competition.Human Resource Management.49, 265-290.

Krishnan, H., & Park, D. (2009). The Influence of Top Management Team Leadership on Corporate Refocusing: A Theoretical Framework. Journal of Leadership & Organizational Studies.5, 50-61.

Walton, R. E. (1991). From control to commitment in the workplace: in factory after factory, there is a revolution under way in the management of work. [Washington, D.C.], U.S. Dept. of Labor, Bureau of Labor-Management Relations and Cooperative Programs.

Dessler, G. (2004). A framework for human resource management.Upper Saddle River, NJ, Pearson Prentice Hall.

Authenticity and Confidentiality Guaranteed

The authenticity of our freelance essay writing and the confidentiality of all the information are guaranteed. We do not disclose private information of our customers and we do not reuse ANY custom papers.

Order custom written term papers, sample essays, thesis papers, research papers, book reviews, dissertations, speeches, book reports and other assignments. Exclusive writing in approximately 70 subjects. NO PLAGIARISM

Order a custom paper written from scratch
on practically any subject

Essay Freelance Writers/ Organizational restructuringQualified writers only

Essay Freelance Writers/ Organizational restructuringPlagiarism free guarantee

Essay Freelance Writers/Organizational restructuringIt will just take you 2 minutes