...[G.R. No. 183383 : April 05, 2010] ANABEL BENJAMIN AND RENATO CONSOLACION, PETITIONERS, VS. AMELLAR CORPORATION, RESPONDENT. D E C I S I O N Amellar Corporation (respondent) provides information technology services to local government units (LGUs) including computerizing their system and operations. In October 1999, respondent hired petitioner Anabel Benjamin (Anabel) who, since March 26, 2001, was the Project Data Controller of its Content Build Up (CBU) Department. The CBU Department of respondent collates and cleanses all the paper data gathered from the LGU-client which are then encoded and fed into the designed operating system. As the most senior member of the department, Anabel was its officer-in-charge. From 2002 to 2003, she administered the CBU functions of respondent's projects in Imus, Cavite and Mabini, Batangas.[1] Petitioner Renato Consolacion (Consolacion), a supervising data controller in respondent's Imus project, directly reported to Anabel.[2] By letter of March 20, 2003, the municipal assessor of Mabini, Batangas informed the manager of respondent that its real property tax administration database was not "100% complete," contrary to the report of respondent's supervising data controller Evangeline Repiano (Evangeline).[3] Melvin Tandoc (Tandoc), respondent's Technology Manager, thus sent Anabel a memorandum of March 27, 2003 reading: This is the first written complaint of such nature that we have received from our client. However...
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...INTEROFFICE MEMORANDUM TO: DONALD ERTL: CEO FROM: M.T. ALLEN: HR SPECIALIST SUBJECT: EMPLOYEE CONSTRUCTIVE DISCHARGE SUITE DATE: 7/22/2012 CC: LEGAL DEPARTMENT I. PROBLEM: We have received notice of suit arguing that the plaintiff, a former employee, was forced to resign due to constructive discharge. The plaintiff is seeking injunctive relief under Title VII of the Civil Rights Act of 1964. Even though the employee is the one who has quit, it is ERTL Toys that can be legally liable for lost wages, pain and suffering, and punitive damages if the plaintiff prevailed. II. DISCUSSION: A. Constructive Discharge Constructive discharge, or constructive dismissal as it is sometimes referred to, makes a legal claim that the employer made a material breach of contract that is implied between the defendant ERTL Toys (“Employer”), and the plaintiff (“Employee"), by making unilateral changes to the implied contract that forces the Employee into a default situation. (Various, 2011)1 Specifically, Employee argues that ERTL Toy’s unilateral change of work schedules made Employee’s continued employment untenable because working on specific holy days is forbidden according to his religious doctrine. B. Title VII 42 U.S.C. § 2000e-2 "Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The...
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...Elizabeth Gomez Saratoga Hostel v. Avila (2009) In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when their performance did not improve, the manager called each of the 3 employees to a private meeting, and opened a new part-time/seasonal housekeeper position. Avila was given a verbal warning for her current poor performance (up to this point, Avila’s performance was always described as “good” or “excellent”.) Comments about Avila’s age starting to be heard around the hotel after her warning; she was called “grandma”, and constantly asked if she usually uses her “senior discount” at stores. She was the oldest housekeeper. Also, rumors around the employees were saying that, out of the three employees who were called to speak to the manager, only Avila’s was given a verbal warning. When her performance did not improve, she was terminated in January...
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...A/B Trusts An A/B Trust is any type of trust that splits into two separate and distinct trusts upon the death of the grantor. One of the separate and distinct trusts is a Credit Shelter Trust, which is designed to hold as much of the grantor's property as is sheltered from the federal estate tax by virtue of the unified credit; i.e., $2,000,000 for decedent's dying in years 2006, 2007, and 2008, and $3,500,000 for decedent's dying in the year 2009. The other separate and distinct trust is a Marital Trust, which is designed to hold the remainder of the decedent's property, which is sheltered from the federal estate tax by virtue of the unlimited marital deduction. These separate and distinct trusts are designed to eliminate or reduce the federal estate tax liability of a married couple over the deaths of both spouses. An A/B Trust arrangement can be created under a living trust or a testamentary trust, since these provisions do not take effect until after the grantor's death. See "Credit Shelter Trusts" and "Marital Trusts." See also "Family Trusts" and "By-Pass Trusts." Back to Table of Contents Asset Protection Trusts An "Asset Protection Trust" is a type of trust that is designed to protect assets from the claims of creditors. There are two types of Asset Protection Trusts - a Domestic Asset Protection Trust (also known as an "Onshore Trust" or "DAPT") and a Foreign Asset Protection Trust (also known as an "Offshore Trust"). Both types of trusts are also referred to...
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...Building Organizational Trust Kirsimarja Blomqvist Telecom Business Research Center, Lappeenranta University of Technology and Sonera Research, P.O.BOX 20, 53851 LAPPEENRANTA, FINLAND e-mail: Kirsimarja.Blomqvist@lut.fi, mobile +358-40-755 1693 Pirjo Ståhle, Competence, Knowledge and Technology Management, Sonera Ltd, PL 116, 00051 SONERA, FINLAND e-mail: pirjo.stahle@sonera.com ABSTRACT In this paper we study the role of trust in enhancing asymmetric partnership formation. First we briefly review the role of trust. Then we analyze the state-of-the-art of the theoretical and empirical literature on trust creation and antecedents for experienced trustworthiness. As a result of the literature review and our knowledge of the context in praxis, we create a model on organizational trust building where the interplay of inter-organizational and inter-personal trust is scrutinized. Potential challenges for our model are first the asymmetry of organizations and actors and secondly the volatility of the business. The opportunity window for partnering firms may be very short i.e. there is not much time for natural development of trust based on incremental investments and social or character similarity, but so called “fast” or “swift” trust is needed. As a managerial contribution we suggest some practices and processes, which could be used for organizational trust building. These are developed from the viewpoint of large organization boundary-spanners (partner/vendor managers) developing...
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...Analysis of Team Charter Week three collaboration between team C members resulted in interesting similarities and difference between team members in reference to personality types, listening skills, and trust level. Post the self assessment offered by Prentice Hall through the University of Phoenix; each team member got a better understanding of his / her team member strength and weaknesses, knowing that based on the self assessment there are no such “right” answer and neither extreme better than the other. The personality different types for team C can be summarized as follows: 1. xxxxxxxxxxxxxx = ENFJ 2. zzzzzzzzzzzzzzzz = ENTJ 3. eeeeeeeeeee = ENTJ 4. rrrrrrrrrrrrrrrrrrrrrr = ENTJ “ENTJ = is outgoing, visionary, argumentative, have low tolerance for incompetence, and often seen as a natural leader. As far career the survey lists; possible career as a manager, management trainer, stockholder, lawyer, chemical engineer, or police officer. ENFJ = is charismatic, compassionate, and highly persuasive. Possible career as a TV producer, fundraiser, drama teacher, or health adviser”. How often that; it works to have 75% of team members personalities are similar; we have three members (xxxxxxxxxxxxxxxxxxxx) earned type ENTJ in the Prentice Hall Self-Assessment and one team member ) earned different type ENFJ. The mix is not equivalent to experience different personalities; however, having the same personalities is a challenging factor...
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...International Legal and Ethical Issues in Business Abstract In this assignment, we will review two scenarios of business practices and how these practices influence consumers. We will also explore antitrust laws and the fact that they were established to protect consumers and businesses from anti-competitive business practices. The foundation of a dynamic economy is free and open trade. The benefits of lower prices and higher quality products or services is done through aggressive competition. To maintain this dynamic economy the United States Congress established and passed the first antitrust law. This law was named the Sherman Act of 1890. Two other antitrust laws have been passed since. In 1914 the Federal Trade Commission Act was created by the Federal Trade Commission and the Clayton Act. These laws are still in effect. The antitrust laws were created to promote competition that is dynamic and to protect consumers from mergers that would create anticompetitive business practices. These laws are enforced by the Federal Trade Commission working with the Bureau of Economics. (Guide to Antitrust Laws, 2015) The Sherman Act banishes any monopolization or attempts thereof. The Supreme Court decided long ago that this act doesn't prohibit every restraint of trade. I only prohibits those that are unreasonable. For example, two people that may want to form a partnership may restrain trade but this is not considered unreasonable. Examples of illegal...
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...3. Standard Oil violated the Sherman Antitrust Act by directly attempt to restrain trade by using the drawbacks within their agreements with the railroad companies. In addition, they also break laws with their price wars and competitor buyouts. Through these means they were attempting to monopolize the oil trade and commerce in the United States. In my opinion, just because Standard Oil was violating the law does not mean that Rockefeller was act unethically. Weather Standard oil was a monopoly or not, the more important question is, were the practices of the Standard Oil efficient and did it hurt the social wealth of the country? Rockefeller took advantage of his economies of scale in order to deliver the products cheaper to the consumer. The consumer benefits from the price wars that Rockefeller engaged in. They received extremely low prices during the war and afterwards despite a small raise in the price, Rockefeller would not raise the price too high as to not attract new competition. This reduction in prices contributed the greater social wealth of the country. Rockefeller’s purchase of the refineries also produced positive results. Those former refiners who were entrepreneurs had this buyout money and could move on to other ventures. This would free up their capital and to help move out the production possibilities of the nation. This obviously would increase social wealth and lifestyle of the country. I do not think contradiction exists between...
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...Dentsply International and Market Power Ashley Davis DeVry University Dentsply International and Market Power The Congress passed antitrust laws in effort to protect competition in the market, as well as consumers whom are the ultimate recipients in the market (Novak, 2007). The case that will be discussed in this paper will be a company that was found guilty of violating section 2 of the Sherman Act, which focuses on people that are trying to monopolize the market for their own benefit, or someone that is trying to get complete control within an area of the economy. With the Sherman Antitrust Act in place, monopolization is very illegal and the act tries to prevent it from happening and protect competitors in the market (Novak, 2007). Dentsply International is a company that makes dental products, but their main product sold is false teeth. The company sells product in over 100 countries, so it is a very large company. The company sells its products to dealers, who then sell the false teeth and other products to dental labs. These labs then distribute the product to dentists with the supplies they need. If you don't include false teeth, the company supplies buyers with millions of dollars of products and dominated the artificial teeth market since they had close to 80 percent of the market share at the time they were being sued (Novak, 2007). Dentsply told their dealers that they had tell sell their supplies and deal primarily with them. When the Dentsply did that...
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...Small Business & Antitrust Laws Andrew Paul Danecki DeVry University Small Business & Antitrust Laws It may seem like in the United States that the free-market is a bit cutthroat and everyone is out for their own best interests. The U.S. is best described to have a mostly capitalist economy, and there are a handful of laws to allow growing businesses to have a fair chance to compete against other companies of the similar market. Antitrust laws, protection against monopoly, and laws pertaining to certain mergers are just to name a few. These laws are important, and extremely effective at protecting the small and growing businesses. It was not perfect at first, of course, but has adapted to cover a handful of loopholes. When you think of a monopoly, what normally comes to mind? That good, old classic board game made by Hasbro. That’s what I think of when that word comes in mind. And just like in the game, you try to dominate the board and be the only player left. The same goes for that word in the market world, which actually is illegal since the Sherman Antitrust Law was enacted in 1890. A monopoly is when a single company has solid control over the market with a particular product or service. Congress passed this first antitrust law as a “comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade” (The Antitrust Laws, n.d.). The last two laws were passed shortly later, and all three of these laws...
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...A. Sherman Act (1890) is meant to prevent activities that a business may do that the federal government regulators believe to be anticompetitive. The Act maintains that the federal government is to examine and track trusts, companies, and organizations suspected of being in violation. It was the first federal statute to limit cartels and monopolies. (Sherman Antitrust Act, 2014) Clayton Act provides clarification to the Sherman Act of 1890. It is meant to encourage competition with businesses within the United States, discourage formation of monopolies, and prohibit price discrimination, price fixing and unfair business practices. (Clayton Antitrust Act, 2014) Robinson-Patman Act (1936) prohibits a business from selling the same item to one company for a different price while selling the same item to another company for a different price. This protects smaller businesses by limiting the large company's ability to command discriminatory discounts through its purchasing power. (Robinson-Patman Act, 2014) Federal Trade Commission Act enforces the other three antitrust laws by preventing unfair competition and deceptive practices. This act discourages businesses from entering into unlawful competition. B1. Industrial regulation deals with the government regulation of a business pricing in certain markets. It helps to decrease the control of oligopolies, prevent conspiracy and increase competition among companies. This regulation helps the consumer know that oligopoly...
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...Paper 5 The Recovery of Trust: Case studies of organisational failures and trust repair BY GRAHAM DIETZ AND NICOLE GILLESPIE Published by the Institute of Business Ethics Occasional Paper 5 Authors Dr Graham Dietz is a Senior Lecturer in Human Resource Management and Organisational Behaviour at Durham University, UK. His research focuses on trust repair after organisational failures, as well as trust-building across cultures. Together with his co-author on this report, his most recent co-edited book is Organizational Trust: A cultural perspective (Cambridge University Press). Dr Nicole Gillespie is a Senior Lecturer in Management at the University of Queensland, Australia. Her research focuses on building, repairing and measuring trust in organisations and across cultural and professional boundaries. In addition, Nicole researches in the areas of leadership, teams and employee engagement. Acknowledgements The authors would like to thank the contact persons in the featured organisations for their comments on an earlier draft of this Paper. The IBE is particularly grateful to Severn Trent and BAE Systems for their support of this project. All rights reserved. To reproduce or transmit this book in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, please obtain prior permission in writing from the publisher. The Recovery of Trust: Case studies of organisational...
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...NHS (National Health Service) has succeeded in encouraging employees to the cultural change through implementing several plans: first, they come up with national programmes which focused on the commitment to improving employees working lives by providing rewards trusts and they are ranked to 3 levels, the gold is (practice plus), which demonstrate that a trust is implementing improving working levels (IWL) across the whole organization in all staff groups. NHS set a goal that is all the organizations are expected to achieve practice plus by demonstrating best practice in a variety of areas, so we can understand from this statement that NHS is trying to motivate the organizations and employees to do their best. Moreover, many improvements that have been implemented as part of IWL are the appointment of a communication manger and schema (plan) to improve attendance at work, because they were facing some problems with the absence. Other initiatives include changing the role of a member of a staff to training and education co-ordinator, for example on of the employee helped another how to read and write, also some plans to develop a support group as part of the induction programme for medical staff. Furthermore, the trust set out to involve employees in the IWL programme, they were encouraging the employees to recruit as IWL advisers to sit on focus group and share the word. In addition to that, the NHS was organizing some events in order to motivate employees to the changes. For...
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...No matter the things we like about ourselves or we don’t like, we also take a positive way to face and accept them. If we can learn to accept ourselves exactly as we are, the happier, healthier and more creative we will be. 4. Motivation Motivation can be gained from anything in our life. It can be tangible reward such as prize and coupon, or intangible reward such as praise and recognition. The simple example in our life is that drinking is motivated by thirsty. Students are motivated by needs of knowledge. Motivation can cause a positive action or certain behavior to achieve the target. 5. Trust It is important in companies and socialites with team work. Some people defined “Trust” that able to predict what other people will do or what things will be happened. So, it can let us have a safety environment to make the plan to achieve our goal. In company, if the boss trusts their staffs, they can share the jobs or tasks by different people with different ability in the same time. Boss does not need to monitor all of the procedure in detail so that the outcome or...
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...Sinkler's problem is how to escape from the chain gang and enlist an 18-year-old farm wife, Lucy, in his venture. By the end of the story, the tables have turned from wondering if Sinkler is going to take advantage of the woman, to wondering if maybe she has her own plan up her sleeve. This short story offers some nice opportunities to consider whom we trust, how we gain trust, and misplaced trust. Sinkler, the trusty, is in charge of fetching water from local wells; consequently, he does not wear restraints of any kind and is free to wander unsupervised for longer...
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