Marries Is Better Than Being Single free essay sample

There are lots of discussion and arguments about to being single or getting married nowadays. The new generation might not willing to bound into marriage life and they wish to remain in single life so they can have more privacy, freedom and the commitment of   responsibilities. However, marriage is union ordained by God and it is also a wonderful union of two people in love. It is unique, opposite-sex union with legal, social, economic and spiritual dimensions. Getting married does bring a lot of advantages to a person either family. The biggest advantage for getting married is emotional stability. Married people treat their own family as shelter and they can feel secure and relax when staying together with their family. Family provides a peace and comfort zone for those married people to restore their energy. Marriage can helps the couple to become more tolerant, unselfish, caring and more responsible. Its provide a chances for the husband and wife to grow with and sharing their life’s challenges, rewards and sorrows with a person who actually knows and understand what you going through and feels the same frequency. We will write a custom essay sample on Marries Is Better Than Being Single or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page There are a lots of difficulties have to learn by marriage people as that is not easiest to living with someone for the rest of their life. They have to overcome all the problems facing by them and to learn how to take care of others feeling, patience, emotion control, temper, time management and attitude towards their family. In a marriage life, there are always someone’s to hear your companions. It is good to have someone there to have a share, to bounce ideas or to have a witty exchange of remarks. Companionship among the married peoples also offers support and can be particularly important at times of trouble or stress. At such times, married people have distinct advantages over being single. The other advantage for marriage is that allows couples to pool their both incomes to share the cost of living and debts, save more money for retirement and doing investment. The married people can also sharing a house, car and food so they can enjoy save cost for basic living conditions compare with a single person. Therefore, people who are married become less poverty but more wealth and their money goes further. It is because, they tend to specialize, exchange, and share roles and functions in ways to generate higher earnings, encourage savings, helping each other’s to restrain from impulse spending, and generally leave the family financially better off. Marriage can also leads to better health and greater longevity for people. There are more likely to enjoy better physical health. The spouses are intimately aware of and impacted by their spouse’s choices. In a sense, couples have a significant vested interest in watching out for one another and encouraging healthy choices and behaviour. For example, the wife might not allow her husband drinking, smoking or other unnecessary risk-taking and also control his weights. Compared to single, divorced or widowed people, the married people experience less depression, anxiety, and other types of psychological distress. Besides, the married people will have active, satisfying and safety sex lives compared with single people. The married people tend to have more sex because it costs them less in time, money and psychic energy. They have find it more satisfying because their sex partner is more available, less distracted, more eager and more secure and able to please. The higher levels of satisfaction for married couples is related to the fact that marriage adds meaning to the sexual act because it symbolizes a union that is based on sexual fidelity, stronger commitment and emotional intimacy. It had increased their commitment and their sense of responsibility, and had generally strengthened their relationships. In addition, the married life can brings greater safety towards the married people and expand their social network. It’s because, the married people have companion to visit places together, visit friends or holiday together. For the single person, that is far more difficult as often modern social life is geared around couples and the single person can often feel left out or sometimes, simply not invited. At times, perhaps, having children might seem to impede their social life but it just brings a change in your social life and much of that social life involves being with your children. Lastly, married people will create a family with a new and challenging life instead of boring life compared with single people. Families are created and held together by the lifelong commitment of a man and a woman who live cooperatively and raise and nurture the children born to them. Families are the building block essential to the formation of a community, and strong social structure arises from the foundation many families provide. A thriving society and culture depend on stable marriages. For example, as marriage declines in a culture,  the state must spend more money and care for children who less of the financial stability with divorce family background. Strong marriages statuses are at the heart of thriving family and community. In conclusion, getting married is better than being single as there married leads to emotional stability, financial stability, train the couples become more independent and responsible, better health and greater longevity, have wonderful sexual life, easy to expand social networks and have a new challenging life instead of boring life compared to single people. Getting married is not an easy but it does bring a lot of meaningful to individuals, family and the community.

Popular Cliches Explained for ESL Students

Popular Cliches Explained for ESL Students A cliche is a common phrase that has been overused. In general, cliches are to be avoided. In reality, they are not avoided - thats why they are cliches! Understanding popular cliches is especially important for English learners because they provide a deeper understanding of set phrases - or chunks of language. You might hear movie stars or politicians using cliches. Theyre phrases everybody understands.   10 Popular Cliches The writing on the wall   Something that is about to happen, something that is obviousCant you see the writing on the wall! You need to get out of that business.To pull an all-nighter   To study or work all nightWe had to pull an all-nighter to get the work finished on time.Pearls of wisdom   Wise words or adviceIm not really interested in his pearls of wisdom. He lived in a different period.Too much of a good thing   Generally used when saying thats impossible to be too happy, or luckyEnjoy it! You cant have too much of a good thing.Fit as a fiddle   To be ready and ableIm fit as a fiddle. Lets do this thing!Curiosity killed the cat   Dont be too inquisitive, it can be dangerous!Remember curiosity killed the cat. You should just forget about it.Dont do as I do, do as I say.   Used when someone points out that you are being hypocritical (doing one thing while insisting that others do that thing differently)Stop talking back! Dont do as I do, do as I say!Let sleeping dog s lie   Dont look into (investigate) something that was troublesome in the past, but in which people are not currently interestedId let sleeping dogs lie and not re-open the investigation into the crime. A cat has nine lives   Someone might be having problems now, but there are many chances to do well or succeedHis career reminds that a cat has nine lives!Moment of truth   The moment in which something important will be shown or decidedIts the moment of truth. Either well get the contract or we wont. Where Can I Find Cliches? These chunks of language known as cliches are found everywhere: in letters, in films, in articles, in conversation. However, cliches are most often used in conversation.   Should I Use Cliches? A good rule of thumb for English learners is to understand a variety of popular cliches, but not necessarily use them actively. Many times the use of a cliche signals fluency, but often cliches are considered inappropriate or unoriginal. On the other hand, if a native speaker  uses a cliche you will understand!  Ã‚   The Difference Between an Idiom and a Cliche An idiom is a phrase that means something else than the literal words. Idioms always have figurative, not literal meanings. Literal Meaning exactly what the words sayFigurative Having a different meaning than what the words say Two Idioms To get under someones skin To bother someoneShes getting under my skin these days!No spring chicken Not youngToms no spring chicken. Hes almost 70! Two Cliches A cliche is a phase which is considered overused (used too often) which can be literal or figurative in meaning. Here are some examples: The good old days / literal In the past when things were betterI remember my years at college. Yes, those were the good old days.Tip of the iceberg / figurative Only the beginning, or just a small percentageThe problems we are seeing are just the tip of the iceberg.

45 Idioms About the Number One

45 Idioms About the Number One 45 Idioms About the Number One 45 Idioms About the Number One By Mark Nichol English is replete with idiomatic expressions featuring numerical values, including dozens pertaining to the number one alone. Here’s a list of most (if not all) of the idioms in the latter category. 1. all in one breath: said of something spoken excitedly without pause 2. all in one piece: safely 3. all rolled up in one: combined 4. all-in-one: with all required features 5. as one: as if a group were one entity 6. at one with: in agreement or solidarity with another 7: do (someone) one better: do something that is an improvement on what someone else has done 8. for one thing: said to introduce one of two or more reasons (though the phrase might follow the statement) 9. for one: a qualifier expressing that someone represents an example 10. hole in one: said of a significant achievement, in reference to achieving a goal in golf with a single hit of the ball 11. if it’s not one thing: part of a saying (with the rest, â€Å"it’s another (thing)† often not said but implied) expressed when one is exasperated by the latest in a series of inconveniences 12. in one ear and out the other: said of advice or information that is not heeded or retained 13. in one fell swoop: all at once or within a short period 14. it’s been one of those days: said when multiple things have gone wrong in succession 15. it’s just one of those things: said of something unfortunate that must be accepted 16–17. look after/take care of number one: said in reference to focusing on one’s own safety or concerns over that of others 18. not one iota: not even a bit 19. number one: oneself (see â€Å"look after number one†) 20. on the one hand: from one point of view (sometimes paired with â€Å"on the other hand†) 21. one and all: everyone 22. one for the (record) books: said of a significant achievement 23. one good turn deserves another: an expression about the importance of reciprocity 24. one-hit wonder: an artist who achieves only one commercial success 25–26. one heck/hell of a (something): a reference to someone being markedly bad or good at something 27. one in a million: rare or unique, often said about someone with a distinctive quality 28–29. one jump/step ahead: said of someone who anticipates or innovates 30. one man’s meat is another man’s poison: something one person likes may not be suitable for another person 31. one-night stand: an activity or encounter that lasts only one night 32. one-note: said of something lacking variety 33. one of a kind: unique 34. one of the boys: someone accepted into or part of a group 35. one of these days: said of an expected event that will occur someday or soon; also, sometimes expressed as a threat, with the consequence implied but not stated 36. one of those things: said of something unwelcome but inevitable 37. one person’s trash is another person’s treasure: something of no value to one person may be valuable to another 38. one that got away: a missed opportunity 39. one-track mind: said of someone with a single-minded focus 40. one-trick pony: someone or something with only one distinguishing feature, skill, or talent 41. one up on: said of having an advantage over someone 42. one way or another: somehow 43. square one: the starting point of developing something or solving a problem (often in the phrase â€Å"back to square one†) 44. the one and only: said of something unique 45. there is more than one way to skin a cat: more than one procedure will work or more than one solution is available Other number-oriented idioms, including those that mention the number one but in which the focus is on another number, such as â€Å"Two heads are better than one,† will follow in a later post. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:75 Contronyms (Words with Contradictory Meanings)Time Words: Era, Epoch, and EonLetter Writing 101

LEGAL ASPECTS OF HOTEL MANAGEMENT Essay Example | Topics and Well Written Essays - 1000 words

LEGAL ASPECTS OF HOTEL MANAGEMENT - Essay Example Modern players in the hospitality industry need to be aware that administering hotel includes the likelihood for the managers, supervisors and owners to be subject to several legal liabilities when it comes to handling the employees. Hence, the aim of this paper is to offer an open treatise that covers the relationship between the hotels and their employees, and based on common law contracts, tort claims, non-discrimination laws, casualness and antitrust laws. Discussion Most employee-relation laws in the hospitality industry are designed to restrict, control and even prohibit certain actions in which the firms could be willingly or unwillingly be non-complying with labor-related ethical plus social standards (Hayes & Ninemeier, 2009). In particular, the hospitality industry has become highly sensitive to both economic factors and competitive marketplace condition, such that the workplace conditions placed on the industry are significant due to the myriad labor risks and employment-r elated disputes (Barth, 2006). The laws range from recruitment standards, to workplace training requirements, remunerations, to environmental and health concerns. This entails a range of issues such as labor disputes, wage and hour compliance, obligation to immigration laws, labor-force authorization regulations as well as observance of nondiscrimination practices. In addition, there is the requirement for the employee’s welfare to be based on OSHA and environmental laws. Firstly, companies in the hospitality industry are now increasingly being held responsible for their employees out of worksite deeds. In particular, firms are now experiencing liability for accidents or injuries caused by their employees to third parties, with damages comprising loss of property, pain, physical and emotional suffering, legal fees, lost wages and medical expenses.. The hospitality firms are now required by law to avoid any unreasonable acts or roles by their employees that can present possibl e risks to third parties. This became apparent in the case of Faverty vs. McDonald, whereby a hospitality industry employee was involved in a serious road accident that injured another motorist. Hence, the court ruled that McDonald was liable to the damages since it forced the worker to operate so many hours nonstop even as they were aware that the employee drove himself home thus a serious risk not just to himself but also to other people and motorists (Barth, 2006). This case set a precedent for other lawsuits in the industry, and which reveals that hospitality companies are not just required to have reasonable policies regarding their employees working hours and wages, but also have a legal duty to enforce the offsite personnel wellbeing in order not to harm other persons wellbeing. As such, The Fair Credit Reporting Act calls for the management to have well-documented structures in which their employees will use to identify, report, and react to both real and probable hazards (B arth, 2006). They are also required to have handbooks and guidelines on safe practices, processes and controls which are particular to a given hazards, and that such guidelines attains or exceed the requirements stipulated under the Act. Moreover, the hospitality compa

Australian Government Innovative Climate Change Policy Essay

Australian Government Innovative Climate Change Policy - Essay Example It will mean that the equivalent of 20 per cent of Australia’s electricity will come from renewable sources by 2020 is transformed. The world is moving forward and economies which do not start cleaning up now will fall behind. Australia has spent the last decade working out on how to put a price on carbon pollution is the cheapest way to tackle climate change. The Government’s plan for a clean energy future has been negotiated by the Multi-Party Climate Change Committee. The Committee has agreed to a comprehensive set of measures to help fight climate change. The Government is separately investing in further measures to ease the economic transition to a carbon price, as well as taking additional steps to reduce carbon pollution. BACKGROUND AND ESSENTIAL IDEAS The Government has developed a comprehensive plan for a clean energy future. The need for this plan is clear, from both an environmental and an economic perspective. This plan has been devised in response to clear scientific advice that the world is warming, that carbon pollution from human activity creates. Significant risks and those we can avoid the worst potential impacts by reducing carbon pollution. Taking action on climate change is in our national interest. Australia faces acute risks from climate change. Faced with the serious negative consequences for our natural systems (including national icons like the Great Barrier Reef and Kakadu), our economy and our way of life, it would be irresponsible not to play our part in international action on climate change. Taking action sooner means that the transition to a clean energy future can be more gradual, manageable and...This paper outlines the positive effects of the comprehensive climate change policy, maintained by Australian government. More specifically, the paper describes the impact of Federal Government’s Clean Energy Bill, which was enacted in 2011. The Bill introduced carbon pricing mechanism designed to improve environmental and economic efficiency. In addition the energy bill contained innovative mechanisms to shield it from political and administrative cycles. Climate change will not just damage the natural environment. Left unchecked, it also poses risks to Australia’s economic prosperity. Within the purview of the Bill, all businesses will be required to pay for their pollution under this price mechanism. The carbon price will be beneficial to the economy since it will create a financial incentive that will flow throughout the economy. Households will benefit from tax cuts, higher family payments and increases in pensions. The carbon price will also change Australia’s electricity generation by encouraging investment in renewable energy like wind and solar power and the use of cleaner fuels like natural gas. The government will be committed supporting jobs throughout manufacturing, food processing industries and coal mining since The Government’s Renewable Energy Target, combined with the carbon price, will deliver around $20 billion of investment in renewable energy by 2020 in today’s dollars. It will mean that the equivalent of 20 per cent of Australia’s electricity will come from renewable sources by 2020 is transformed. Under the Government’s clean energy plan, the carbon pricing mechanism will establish a clear price path into the future for reduced carbon pollution.

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