STRATEGIC BUSINESS MANAGEMENT AND PLANNING OF NESTLE

STRATEGIC BUSINESS MANAGEMENT AND PLANNING OF NESTLE INTRODUCTION: Nestlà © was founded in 1866 by Henri Nestlà © and is today the worlds biggest food and beverage company. Sales at the end of 2005 were CHF 91 bn, with a net profit of CHF 8 bn. Nestlà © employ around 250,000 people from more than 70 countries and have factories or operations in almost every country in the world. The history of Nestlà © began in Switzerland in 1867 when Henri Nestlà ©, the pharmacist, launched his product Farine Lactà ©e Nestlà ©, a nutritious gruel for children. Henri used his surname, which means little nest, in both the company name and the logotype. The nest, which symbolizes security, family and nourishment, still plays a central role in Nestlà ©s profile. (Bountypat, 2008) Nestlà © has about 250 000  shareholders, none of whom individually own more than 3% of the shares. As of December 31, 2003, Swiss investors held the major part of the stock (42%) followed by US citizens (22%) and British (10%), French (8%), and German (5%) shareholders. Unfortunately, shareholder identities are not made public under Swiss law, but we do know that Liliane de Bettencourt, heiress to the LOrà ©al fortune and the richest woman in France, has a holding in Nestlà ©. Nestlà © and LOrà ©al have a close relationship dating back to a shareholder pact made in 1974. Nestlà © holds a 26.4% stake in the worlds largest cosmetics group and has right of first refusal over the Bettencourt familys 27.5 percents take for 10 years, but with no obligation to buy. Whilst it is unlikely that Nestlà © will take over LOrà ©al in the immediate future, it could well do so in a few years. It already has cosmeceutical joint ventures with LOreal through Galderma and Innà ©ov. Nestlà ©s vision of making good food central to enjoying a good healthy life for consumers everywhere. This implies gaining a deeper understanding in many areas of nutrition and food research and transforming the scientific advances into applications for the company. (Parakhiya, 2009) Having a broad vision the company is doing its best for their consumers to show the great sense of responsibility. Nestlà ©s aim is to meet the various needs of the consumer every day by marketing and selling food of a consistently high quality. The confidences that consumers have in our brands is a result of our companys many years of knowledge in marketing, research and development, as well as continuity -consumers relate to this and feel they can trust our products. Nestle mission is to strive to bring consumers foods that are safe, of high quality and provide optimal nutrient to meet physiological needs. Nestle helps provide selections for all individual taste and lifestyle preferences (Parakhiya, 2009) (http://www.scribd.com/doc/21544545/ Introduction-Nestle-Was-Founded-in- 1866-by-Henri-Nestle-And LITERATURE REVIEW Since Nestle began over 143 years ago, Nestlà ©s success with product innovations and business acquisitions has turned it into the largest Food Company in the world. As the years have passed, the Nestlà © family has grown to include chocolates, soups, coffee, cereals, frozen products, yoghurts, mineral water and other food products. Beginning in the 70s, Nestlà © has continued to expand its product portfolio to include pet foods, pharmaceutical products and cosmetics too. (Bountypat, 2008) Today, Nestlà © markets a great number of products, all with one thing in common: the high quality for which Nestlà © has become renowned throughout the world. The Companys strategy is guided by several fundamental principles. Nestlà ©s existing products grow through innovation and renovation while maintaining a balance in geographic activities and product lines. Long-term potential is never sacrificed for short-term performance. The Companys priority is to bring the best and most relevant products to people, wherever they are, whatever their needs, throughout their lives. Taste of Nestlà © in each of the countries where Nestlà © sell products. Nestlà © is based on the principle of decentralization, which means each country is responsible for the efficient running of its business including the recruitment of its staff. Thats not to say that every operating company can do as it wishes. Headquarters in Vevey sets the overall strategy and ensures that it is carried out. Its an approach that is best summed up as: centralize what you must, decentralize what you can. Nestlà © is a company which is present in all over the world but It has difference and unique motto to deal in all over the world. Nestlà © believes that they should think about their organizations globally but they deal with people by interacting with them locally. Thinking globally acting locally . ´ SWOT ANALYSIS OF NESTLE Strengths: Nestlà ©s has much strength. Their first is that they have a great CEO, Peter Brabeck. Brabeck emphasizes internal growth, meaning he wants to achieve higher volumes by renovating existing products, and innovating new products. His explanation of renovation is that to just keep pace in the industry, you need to change at least as fast as consumer expectations. (Novak, 2008) Parent support   Nestle India has a strong support from its parent company, which is the worlds largest processed food and beverage company, with a presence in almost every country. The company has access to the parents hugely successful global folio of products and brands. (Amit, 2005) Brand strength   In India, Nestle has some very strong brands like Nescafe, Maggi and Cerelac. These brands are almost generic to their product categories. (Headonist, 2009) Product innovation   The Company has been continuously introducing new products for its Indian patrons on a frequent basis, thus expanding its product offerings. (Headonist, 2009) His explanation of innovation is to maintain a leadership position, you also need to leapfrog, to move faster and go beyond what consumers will tell you. Brabeck has led Nestle into a position to better achieve the internal growth targets (Novak, 2008) Another strength that Nestle has is that they are low cost operators. This allows them to not only beat the competition by producing low cost products, but by also edging ahead with low operating costs. (Novak, 2008) Partnership with other large companies strategy that has been successful for Nestlà © involves striking strategic partnerships with other large companies. In the early 1990s, Nestlà © entered into an alliance with Coca Cola in ready-to-drink teas and coffees in order to benefit from Coca Colas worldwide bottling system and expertise in prepared beverages Acquire local companies -In Asia, Nestlà ©s strategy has been to acquire local companies in order to form a group of autonomous regional managers who know more about the culture of the local markets than Americans or Europeans. Nestlà ©s strong cash flow and comfortable debt-equity ratio leave it with ample muscle for takeovers. Recently, Nestlà © acquired Indofood, Indonesias largest noodle producer. Their focus will be primarily on expanding sales in the Indonesian market, and in time will look to export Indonesian food products to other countries. Relation with Farmers Acknowledging the impact of growing food demand and intensifying water scarcities in its future business, Nestle seeks to improve supplying farmers productivity environmental practices and water usage. The group network of 675 agronomist and 5000 extension workers offer free supporting and training assistance to 112,800 farmers in 21 countries. (Harkort, 2008) Weakness: 1. The main weakness of Nestle is that they were not as successful as they thought they would be in France. The launch in France was in 1994, but since the late 1980s, Danone had already entered the market with a health-based yogurt. (Nazir, 2009) 2. The second weakness is that LC-1 was positioned as too scientific, and consumers didnt quite understand that LC-1 was a food and not a drug (Nazir, 2009). 3. Exports   The companys exports stood at Rs 2,571 m at the end of 2003 (11% of revenues) and continue to grow at a decent pace. But a major portion of this comprises of Coffee (around 67% of the exports were that of Nescafe instant to Russia). This constitutes a big chunk of the total exports to a single location. Historically, Russia has been a very volatile market for Nestle, and its overall performance takes a hit often due to this factor. (Headonist, 2009) 4. Supply chain   The Company has a complex supply chain management and the main issue for Nestle India is traceability. The food industry requires high standards of hygiene, quality of edible inputs and personnel. The fragmented nature of the Indian market place complicates things more. (Headonist, 2009) 5. Nestle also has multiple critical resources. They have a great research and development team. James Gallagher and Andrea Pfeifer were the masterminds behind the research on the La-1 cultures in the LC-1 yogurt. They were also the two that decided on selling LC-1 as a functional food. This enabled Nestle to position the product in a way that differentiated it among the other products in the market. They also have four pillars that Brabeck, Nestlà ©s CEO has identified he believes will help their internal growth worldwide. These are operating excellence, innovation and renovation, product availability, and communication. (Nazir, 2009) OPPORTUNITIES-: Expansion   The Company has the potential to expand to smaller towns and other geographies. Existing markets are not fully tapped and the company can increase presence by penetrating further. With Indias demographic profile changing in favour of the consuming class, the per capita consumption of most FMCG products is likely to grow. Nestle will have the inherent advantage of this trend. (Headonist, 2009) Product offerings   The Company has the option to expand its product folio by introducing more brands which its parents are famed for like breakfast cereals, Smarties Chocolates, Carnation, etc. (Headonist, 2009) 3. Global hub   Since manufacturing of some products is cheaper in India than in other South East Asian countries, Nestle India could become an export hub for the parent in certain product categories (Headonist, 2009) 4. Nestle also has an opportunity of being even a larger market leader in Germany with LC-1. Within two years of launching the product in Germany, they had captured 60% of the market. This was due to the fact that they differentiated the product, and Germans simply preferred the taste. (Nazir, 2009) 4. Another opportunity of LC1 is that, because they are a market leader, they can introduce more health-based products in Germany. (Nazir, 2009) 5 As nestle has more then 9000 brands all over the world .they are increasing their products day by day. With very new changes, like now they are introducing Nestle LEMU Malta Threats: 1. A threat to Nestle is the fact that some markets they are entering are already mature. Danone had an established leadership position in the yogurt market in France. Since Danone was the first to arrive in the market, they have always been the market leader there. (Novak, 2008) 2. Also consumers in France liked the taste of LC-1, but researchers believe they did not repurchase the yogurt because they preferred the taste of DANONE products better. (Nazir, 2009) 3. Competition   The Company faces immense competition from the organised as well as the unorganised sectors. Off late, to liberalise its trade and investment policies to enable the country to better function in the globalised economy, the Indian Government has reduced the import duty of food segments thus intensifying the battle. (Headonist, 2009) .4. Changing consumer trends   Trend of increased consumer spends on consumer durables resulting in lower spending on FMCG products. In the past 2-3 years, the performance of the FMCG sector has been lack luster, despite the economy growing at a decent pace. Although, off late the situation has been improving, the dependence on monsoon is very high. (Headonist, 2009) 5. Sect oral woes   Rising prices of raw materials and fuels, and in turn, increasing packaging and manufacturing costs. But the companies may not be able to pass on the full burden of these onto the customers. (Headonist, 2009) 6. Another threat to Nestle is that there is intense competition in the United States yogurt market. General Mills Yoplait division is the leader in the yogurt market in the United States. Yop lait has been the leader for years and is constantly innovating new health products. (Nazir, 2009) 7. The main threat of Nestle these days is  the campaign led by the International Nestlà © Boycott Committee primarily targets Nescafe, the corporations flagship product. To boycott Nestlà © products until the company stops promoting its baby milk. (Novak, 2008) Another threat now a days is in nestle pure life. As its the leading brand and people prefer Nestle pure life but their may be a threat from Aquafina which is introduced by Pepsi Global competitors: Nestlà © towers over its competitors as the worlds largest food company, proudly proclaiming good food, good life Not so good is Nestlà ©s reputation for corporate abuse throughout its operations, ranging from the marketing of infant formula to the production of its chocolate and bottled water. Nestlà © has been the target of strong international criticism for its aggressive marketing of infant formula in countries with scarce potable water, leading to a reduction in breast feeding and increased risk for infants. Nestlà © is one of the top four water bottling companies in the world, contributing to the problem of plastic waste as well as the usurping of water that should remain a shared resource. (Raj, n.d.) Competitors Cadbury Schweppes Sara Lee -Campbell Soup Smithfield Foods Chiquita Brands Starbucks Coca-Cola Tyson Foods ConAgra Foods Unilever Danone -Vivendi Universal S.A. Dean Foods -Dole General Mills Hershey -H.J. Heinz Company Kellogg Kraft Foods McDonalds PepsiCo Procter Gamble Porters five forces analysis: Analysing the above from the porters framework As we can see above that the company is facing an intense competition in the market by its existing competitors all over the world and is facing a lot of problems because of this in terms of its market share and reputation like in the yoghurt market it is facing intense competition from DANONE along with this it is also facing the threat from substitute products like the Aquafina arising as the competitor of pure life. Hence analysing it from the porters framework we can state that nestle is facing an intense rate of competition from the existing competitors with a fear of losing the market share. CONCLUSION Nestlà ©s overarching principle is that each employee should have the opportunity to develop to the maximum of his or her potential. Nestlà © do this because they believe it pays off in the long run in their business results, and that sustainable long-term relationships with highly competent people and with the communities where they operate enhance their ability to make consistent profits. It is important to give people the opportunities for life-long learning as at Nestle that all employees are called upon to upgrade their skills in a fast-changing world. By offering opportunities to develop, they not only enrich themselves as a company, they also make themselves individually more autonomous, confident, and, in turn, more employable and open to new positions within the company. Enhancing this virtuous circle is the ultimate goal of their training efforts at many different levels through the thousands of training programs they run each year. Suggestions and recommendations: As Nestle is the best company all over the world but there is some recommendations and suggestions. 1. Their prices are little bit higher so they should low their prices to increase their Customers. 2. About 70 % people use their products why the rest dont use them they should conduct survey and concentrate on those facts why they are not using their products. 3. They should also improve their advertising. Their advertising doesnt pay long term effect in the mind of customers. 4. About 17% people are not satisfied from the taste of Nestle so nestle has to improve its taste. 5. Due to a great demand of nestle Milk now a days there is a shortage of nestle milk in shops sometimes they have to consider this aspect too. REFRENCES: Amit, 2005. My Dream Company Nestle. [Online] Available at: http://www.scribd.com/doc/14155655/My-Dream-Company [Accessed 5 February 2011]. Anjaria, H.T.A.J., 2008. Distribution management. [Online] Available at: http://www.scribd.com/doc/37532156/Distribution-Management-Nestle-Ppt [Accessed 06 February 2011]. Bountypat, 2008. Nestle History. [Online] Available at: http://www.oppapers.com/essays/Nestle-History/173749?read_essay [Accessed 03 February 2011]. Gerry Johnson, K.W., 2005. In Exploring Corporate Strategy. 7th ed. Prentice Hall. Harkort, F., 2008. In ood Business and the Global Water Challenge: Exploring the Link Between Food Business, Environmental Stakeholders, Farmers, and Water Resources. 2008th ed. Grin Verlag. Headonist, 2009. Nestle SWOT Analysis. [Online] Available at: http://www.scribd.com/doc/16728461/Nestle [Accessed 02 February 2011]. Kumari, D., 2008. Strategic Management. [Online] Available at: http://www.slideshare.net/deepakumari/nestle-sm-presentation [Accessed 29 January 2011]. Nazir, U., 2009. SWOT Of Nestle. [Online] Available at: http://mgmt280.blogspot.com/2009/11/swot-of-nestle.html [Accessed February 2011]. Novak, D.J., 2008. Nestle SWOT. [Online] Available at: http://marketingteacher.com/swot/nestle-swot.html [Accessed 4 February 2011]. Parakhiya, V., 2009. Nestle Stratigic Management. [Online] Available at: http://www.slideshare.net/vparakhiya/nestle-2464286 [Accessed 3 February 2011]. Raj, L.P., n.d. Nestle. [Online] Available at: http://www.scribd.com/doc/28910655/Nestle [Accessed 28 January 2011]. W, R., n.d. Nestle global Stregy. [Online] Available at: http://www.directessays.com/viewpaper/92539.html [Accessed 8 February 2011].

Case Analysis Stevens V Brodribb Sawmilling Co Pty Ltd Essay

Introduction The Classification between an independent contractor and employee has raised a number of issues throughout the past 50 years. Failing to create an effective formality to be applied by the courts to any particular case, it has lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent contractor. Facts While working for Brodribb Sawmilling Co, Stevens and Gray were employed by Sawmilling Co Pty Ltd as a trucker and snigger. During 1985, while Gray was moving a Log onto Stevens truck, the log fell off and rolled off the truck, as a result, Stevens was injured1. These truckers and sniggers used their own vehicles, worked during the time they set out, were paid by the amount of timber delivered and did not deduct income tax installments2. Both employees owned and used their own equipment and vehicles, were never guaranteed work from the Sawmill3 and were free to seek other work if factors such as the weather prevented them from working4. Issue 1. To establish whether Gray and Stevens were employees or independent contractors while employed by Sawmilling Co. Rationale Decidendi The legal principle that the High Court applied in Stevens5, in regards to employee/independent contractor, was the ‘multiple indicia test’. This test is used to identify a number of criteria that the court can use, when distinguishing between employees or contractors. In regards to Stevens, Control was weighed as the significant factor when deciding between employee/contractor during the case. Judgement and Analysis Stevens6 was held in favour of Sawmilling Co Pty Ltd, classifying the two as  independent contractors through the application of the ‘indicia’. The test was originally established in 1968 in the UK 7, recognising a number of criteria to be used when assessing relationships. The test was established in response to a collapse of the previous test, the control test, which had been found to be more suited to the social conditions of earlier times, becoming obsolete in modern society8. It was found that due to technological developments, the control test had become inconsistent with the retention of effective control9, as employees skills now exceed that of their employers 10. This meant by using the application of the ‘indicia’ test, Stevens would be able to determine the relationship between the two workers. When applying the test in Stevens, the outcome of the courts decision failed to clarify which criteria was to be used when determining future cases. Stevens had adapted its ratio from previous cases, looking at the whole relationship between the individuals, making a decision on balance11 through the application of the particular criteria; the relationship of master and servant, mode of remuneration, provision and maintenance of equipment, obligation to work, hours or work, deduction of income tax and the delegation of work by the employee12. This left a problem open for interpretation, the weight that the court applied to the different ‘indicia’ on any particular case13. Previous cases before Stevens offered little help in defining the relationship between the employer and contractor, as the legal concept remains largely undefined except in terms of the various indicia, which varies between cases 14. In modern society many employers don’t process the knowledge to be able to tell their employees what to do, failing to address distinction between the relationship between employer/employee15. Stevens’ decision used control as the significant factor when determining control, weighing the balance in favor that they were contractors. Therefore, when attempting to make a judgement between employee/contractor, it can be misleading for future cases where control isn’t the significant factor, as it is no more than a guide to the existence of the relationship between master and servant. Furthermore, Stevens was self-employed, therefore in performing his contract, he used his own tools, which indicates that he was not a servant16. However,  Stevens places too little emphasis on what defines a contractors tools, which was seen in 2001 Hollis v Vabu17. The court applied the legal principles held in Stevens18, however held that the courier was an employee, not a contractor. Although the couriers provided their own tools and equipment, it actually involved ‘little capital outlay as such tools were not only capable for use as a courier, but could be used for other general purposes’19. This provides a great example of the weight that Hollis places on another particular criteria that the test, when applied in Stevens, was able to effectively establish whether they were contractors, but left much open, leading to commercial uncertainty. Impact on Subsequent Cases The impacts that followed Stevens20 saw major changes in the Industrial Relations Act 1988, the Superannuation Guarantee Act 1992 and the liability to deduct pay as your earn installments21. Businesses started avoiding the statutory obligations owed to their employees, saving up to 17% by classifying its employees as contractors22. Consequently an entirely new industry rose, attempting to take advantage of the multi-test, structuring their business so it appeared to be one of employer to independent contractor, then employer to employee23. The consequences of this was subsequently seen in Vabu v Taxation24, having avoided lodging superannuation guarantee statements, Vabu was found guilty of avoiding the minimum level of payment of superannuation for all of its couriers25. Future and Commercial implications The commercial implications that arose form Stevens26 found large corporations using the capacity of the Multi-Test to ‘minimise social wage costs, providing legal validation for the businesses to classify employees as contractors’27. These individuals became stand-in employees, still under the control of these corporations, with the ‘formality of freedom as an illusory trap’28. Therefore this has meant, that by applying Stevens multi-factor test, more times than less, the type of worker will be classified as an independent contractor, which means they will only have limited rights under the Act 29. By wrongfully labeling employees, it can have potentially serious consequences for the employer, opening up claims  for unfair dismissal, vicarious liability, potential prosecution and financial penalties, particular in regard to company’s failure to pay tax30. The effect of Stevens has meant that many businesses are now exposed to having to pay hundreds of thousands of dollars back to the government from past taxes31. Conclusion In conclusion there seems that the Multi-Indicia test is without its faults, but it is without doubt that Stevens32 was an independent contractor. However without further legislation, further developments in regard to the employee or independent contractor will be limited to the interpretation of the test by future judges, as businesses will try and continue to avoid payments and mandatory benefits to its employee’s. Bibliography Case Law Federal Commissioner for Taxation v J Walter Thompson Pty Ltd (1944) 69 CLR 227 (at 231) Hollis V Vabu Pty Ltd (2001) 207 CLR 21 Jackson & Wilson v Monadelphous Engineering Associates Pty Ltd (1997) 42 AILR 3-658 Leichhardt Municipal Council v. Montgomery (2005) NSWCA 432 Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance (1968) 2 QB 497 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Translators Agency Pty Ltd v Commissioner of Taxation (2011) FCA 366 Vabu Pty Ltd v Commissioner of Taxation (1996) 81 IR 150 Vabu Pty Ltd V FC 96 ATC 4898 Zuijs v Wirth Bros Pty Ltd (1955) 93 CLR 561 Legislation Fair Work Act 2009 (Cth) Independent Contractors Bill 2006 (Cth) Industrial Relations Act 1988 (Cth) Superannuation Guarantee (Administration) Act 1992 (Cth) Articles/Books/Journals Carrigan, F. ‘A Blast From the Past: The Resurgence of Legal Formalism’ (2003) 27 (1) Melbourne University Law Review 186-199 Catanzanti, J. ‘Two limbed test distinguishes employees from contractors’ (2011) 49 (6) Law Society Journal 52-56 Chan, T. E. ‘Organisational Liability in a health care system’ (2010) 18 (3) Torts Law Journal, 228 Chin, D. ‘Losing Control: the Difference Between Employees and Independent Contractors after Vabu v Commissioner of Taxation’ (1996) 52 Law Society Journal 52 De Plevitz, L. ‘Dependent Contractors: can the test from Stevens v Brodribb protect workers who are quasi-employees?’ (1997) 13 Queensland University of Technology Law Journal 263-275 Franklin, G., Lilburne, R. ‘Joint Employment: Possible pitfalls with the use of labour hire in the resources industry’ (2005) Australian Mining and Petroleum Law Association Yearbook 275-299 Gava, J., ‘Another blast from the past or why the left should embrace strict legalism: a reply to Frank Carrigan’ 27 (1) (2003) Melbourne University Law Review 186-199 Jay, D. J. ‘Employees and Independent contractors, (1999) 73 Australian Law Journal Volume 30-34 Lockton, D. Employment Law (4th ed. 2005) 137 Marshall, B. ‘Working it out – Employee or independent contractor’ (2006) 12 (5) The National Legal Eagle 14-19 Nieuwenhuysen, J. ‘Towards flexibility in academic labour markets?’ (1985) 11 Australian Bulletin of Labour 271-81 Steckfuss, K. ‘The Regulation of Unpaid Superannuation Contributions: The Inspector-General of Taxation’s Review into the ATO’s Administration of the Superannuation Guarantee Charge’ (2011) 24 (3) Australian Journal of Labour Law 281-294 Stuhmcke, A. Essential Tort Law (2nd ed 2001) Terry, A. and Ginugni D. Business and the law (5th ed 2009) 819- 8-20 Vincent, R. ‘What are the tax effects of incorporating legal practises?’ (2002) The Law Society of New South Wales 45 Other Sources Australian Government, Fair Work: Independent contractors and Employees Fact Sheet (2012) at 15 May 2012 Australian Government, Facts sheets: Independent Contractors (2012) http://www.abcc.gov.au/Factsheets/Independentcontractors/Pages/AmIanIndependentContractor.aspx> at 16 May 2012 Australian Government, Independent Contractors: The Essential Handbook (2012) at 12 May 2012 [pic] 1 De Plevitz, L. ‘Dependent contractors: can the test from Stevens v Brodribb protect workers who are quasi-employees?’ (1997) 13 Queensland University of Technology Law Journal 263-275 2 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 3 Gava, J., ‘Another blast from the past or why the left should embrace strict legalism: a reply to Frank Carrigan’ 27 (1) (2003) Melbourne University Law Review 186-199 4 De Plevitz, L. ‘Dependent contractors: can the test from Stevens v Brodribb protect workers who are quasi-employees?’ (1997) 13 Queensland University of Technology Law Journal 263-275 5 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 6 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 7 Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance (1968) 2 QB 497 8 De Plevitz, L. ‘Dependent contractors: can the test from Stevens v Brodribb protect workers 9 Carrigan, F. ‘A Blast From the Past: The Resurgence of Legal Formalism’ (2003) 27 (1) Melbourne University Law Review 186-199 10 De Plevitz, L. ‘Dependent contractors: can the test from Stevens v Brodribb protect workers who are quasi-employees?’ (1997) 13 Queensland University of Technology Law Journal 263-275 11 Australian Government, Facts sheets: Independent Contractors (2012) 12 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 13 Terry, A. and Ginugni D. Business and the law (5th ed 2009) 819- 8-20 14 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 15 Stuhmcke, A. Essential Tort Law (2nd ed 2001) 16 Franklin, G., Lilburne, R. ‘Joint Employment: Possible pitfalls with the use of labour hire in the resources industry’ (2005) Australian Mining and Petroleum Law Association Yearbook 275-299 17 Hollis V Vabu Pty Ltd (2001) 207 CLR 21 18 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 19 Franklin, G., Lilburne, R. ‘Joint Employment: Possible pitfalls with the use of labour  hire in the resources industry’ (2005) Australian Mining and Petroleum Law Association Yearbook 275-299 20 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 21 Jay, D. J. ‘Employees and Independent contractors, (1999) 73 Australian Law Journal Volume 30-34 22 De Plevitz, L. ‘Dependent contractors: can the test from Stevens v Brodribb protect workers who are quasi-employees?’ (1997) 13 Queensland University of Technology Law Journal 263-275 23 De Plevitz, L. ‘Dependent contractors: can the test from Stevens v Brodribb protect workers who are quasi-employees?’ (1997) 13 Queensland University of Technology Law Journal 263-275 24 Vabu Pty Ltd v Commissioner of Taxation (1996) 81 IR 150 25 Catanzanti, J. ‘Two limbed test distinguishes employees from contractors’ (2011) 49 (6) Law Society Journal 52-56 26 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 27 Carrigan, F. ‘A Blast From the Past: The Resurgence of Legal Formalism’ (2003) 27 (1) Melbourne University Law Review 186-199 28 Carrigan, F. ‘A Blast From the Past: The Resurgence of Legal Formalism’ (2003) 27 (1) Melbourne University Law Review 186-199 29 Catanzanti, J. ‘Two limbed test distinguishes employees from contractors’ (2011) 49 (6) Law Society Journal 52-56 30 Jackson & Wilson v Monadelphous Engineering Associates Pty Ltd (1997) 42 AILR 3-658 31 Translators Agency Pty Ltd v Commissioner of Taxation (2011) FCA 366 32 Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16

Million Dollar Baby Movie Review Essay - 798 Words

Million Dollar Baby Throughout this course we have discussed about making good and bad decisions in life. In grade 12 curriculum we have watched a movie called A Million Dollar baby cast by Clint Eastwood as an Frankie Dunn (coach), Hilary Swank as an Maggie Fitzgerald (female boxer) and Morgan Freeman Eddie Scrap Iron(gym keeper). In this movie Eastwood has shown in his movie a story about a struggling life of boxers and coach. In this movie an actor and director is playing a role as Frankie Dunn a boxing coach. Frankie has played his part very well in this movie by high training level of boxing and giving them skills that they are applicable for. Making every boxer in his gym a very strong fighter. One his most favourite†¦show more content†¦Frankie took many wrong decisions throughout this movie, but the most exciting moment that really did touched my heart was when he begins to teach Maggie how to fight. He step out of his self steam and he said yes to Maggie request an d he began to teach her. I personally think its a moral decision because in this case Frankie is forgetting about his past and ready to start a new life in boxing again. As Frankie train Maggie well and well as the movie go on, we see that Maggie has become a well known boxer and proved Frankie and relatives that there is life. If you know what you are doing. As she was wining every single boxing match though she almost won her Championship match as well. A tragedy that lead us to a death of Maggie in the movie was when Maggie was celebrating her victory, but Maggie`s defence boxer punch Maggie again and Maggie fall on the stole broke her spinal code Maggie was not able to breathe by herself she was equipped by machine which helped her to breath. Maggie was not able to stand by on her own Maggie future was finished, she wanted to die after she heard from doctors that she cannot do anything , Maggie lost the hope that she wants to live she tried to commit suicide once buy by the hel p of nurses and doctors she was not successful but she asked Frankie to turn herShow MoreRelatedMovie Review : Million Dollar Baby1123 Words   |  5 Pagesincluding best picture. Million Dollar Baby is about a woman who must overcome many obstacles to achieve her goals, despite when everyone is telling her that she can’t. Million Dollar Baby tells the inspirational story of Maggie Fitzgerald, a hard working, dedicated, and inspired rookie boxer who will do whatever it takes to be the best. Maggie wants to be a boxer even though she is in her 30’s, which is an unusual age for beginner boxers. The theme is of Million Dollar Baby is that life is unfairRead MoreGender Roles1267 Words   |  6 PagesThe Million Dollar Protection Plan Women: soft, emotional, loving, motherly, and a supporter. Men: aggressive, hard-working, fatherly, leader, strong, and inexpressive. These two genders are very different and are in fact opposites. When women try to break the stereotype, it does not typically go well. There is a borderline within gender that should not be crossed. In a 2004 film entitled â€Å"Million Dollar Baby† directed by Clint Eastwood he is trying to define the rules of gender. EastwoodRead More Million Dollar Baby Essay851 Words   |  4 PagesMillion Dollar Baby Million Dollar Baby, Clint Eastwood’s latest movie as a director has been getting more and more positive reviews recently and it is even better than Mystic River. At first glance, the film looks like another boxing-movie clichà ©. 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The Importance Of A Child Brain Development - 933 Words

I contacted Brittany Kees, a Program Manager and IEP Coordinator, for a knowledgeable discussion on the importance of child brain development. Ms. Kees is proficient in the field, working with a non-profit organization that provides educational resources for adolescences and teenagers with mental and learning disabilities. I felt Ms. Kees would be a great fit for my interview because she constructs learning plans for individuals who were neglected an educational environment at an early age. Ms. Kees is experienced in early childhood development and has worked consistently with individuals that lack basic knowledge. In our interview she expressed the importance of early childhood brain development, how families of low income can provide educational experiences, and why nutritional foods play a large role in a child’s everyday life. To evaluate the approaches used to enhance child brain development, I asked Ms. Kees, â€Å"Why do you feel it is important to enhance a child s br ain development?† Ms. Kees answered â€Å"It is important to enhance a child s brain development due to the fact that it affects every aspect of their life. If a student s brain is not enhanced properly, deficits such as reading, writing, and math abilities are affected. Brain development is important for everyday living skills, such as telling time, counting money and being able to purchase products from the store. Trauma early in life also affects brain development and that is what my students suffer fromShow MoreRelatedEssay on The Importance of Early Childhood Cognitive Development786 Words   |  4 PagesThe Importance of Early Childhood Cognitive Development America has many programs for graduating students that are involved with education and children. 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The years from conception through birth to eight years of age critical to the complete and healthy cognitive, emotional and physical growth of children. The brain is part of the central nervous system, and plays a decisive role in controlling many bodily functions, including both voluntary activities such as walking or speaking and involuntary onesRead MoreThe Factors That Push Some Parents Abuse Their Children1078 Words   |  5 Pagesstrengthening the parent-child relationship, improving parenting skills to optimize the home environment and to increase the family’s ability to problem solve and assume he role of advocate for themselves and their children (Healthy Families Niagara). I assisted in building trusting relationships in the family unit. I assisted the family in establishing goals and a plan for accomplishment of those goals, as well as the assessment of normal growth and development of the child. I was responsible forRead MoreEarly Childhood Education And Development853 Words   |  4 PagesDuring this class, we have discussed many topics from the importance of Early Childhood Education, through all of the develop mental stages and into the roots of behavioral issues. I’d have to say out of all the topics, the importance of Early Childhood Education and how children develop and learn from week 2 is what has stuck out the most to me. I have even found myself explaining the importance to friends, with information I have learned from this course. For example, in a recent conversationRead MoreEssay Infant Language Development 1662 Words   |  7 Pagescan be inferred through studying linguistic development in children and the cognitive and communicative abilities of primates as discussed by Bridgeman (2003). This essay illustrates the skills infants have that will eventually help them to acquire language. The topics covered are firstly, the biological aspects, the contribution of the human brain to language development? Secondly, key theories of language development will be considered. Is the development innate? Is there a critical period? ThirdlyRead MoreChild Directed Vs Teacher Directed Curriculum991 Words   |  4 PagesBrain Research Says... In the past, curriculums ranged everywhere from children need to be taught everything to children learn totally on their own. There are many different theories out there about the best ways to teach. With the advancements of technology, scientists can now explore how the brain actually learns, grows, and responds. This new information is changing the approach to teaching in many schools around the world. Wolfe and Brandt (1998) state, â€Å"the brain that eventually takes shapeRead MoreEarly Brain Development and Learning1582 Words   |  7 PagesIt is not commonly known that the brain is 90% developed by age five. Most people believe that at age five children are just starting to learn. In fact, the brain absorbs more from birth to age five rather than from age five on. Parents and family can do many things to aid in the development of a baby’s brain, ultimately assisting in their learning. The sequence and rate at which the brain develops predicts the optimal times for a baby to learn. Sequence and rate is measured by milestones that aRead MoreChildhood Development Essay946 Words   |  4 PagesChildhood begins a new era of development, one that is filled with exploration and a new understanding of the world. Children are finally beginning to understand aspects of their environment that they were unable to comprehend during infancy. While development during childhood occ urs less rapidly than that which is experienced during infancy, there are still many major changes that children go through during this time. During childhood, children experience physical and cognitive growth, create new