Big Time Sports Essay Example for Free

Big Time Sports Essay Big time sports in colleges are governed by guidelines and regulations. These sports are mostly in campuses and colleges. Big time sports can sometime lead to violent behaviour and undeserving behaviour, which are morally questionable. Most athletics can start using alcohol or drugs as incentives so that they can be able to practice for long hours without getting tired. These college athletes want to be the beat during tournament hence they will do everything possible to fulfill the goals, targets of the team. The players want to be selected because only the competitive and talented players make the team. In tournament you will find that violent behaviour is experienced in the field and university principles like discipline are undermined. Big time sports have its vices. Lack of discipline is one of them. Lack of discipline is constant practiced by the team players but the campus or colleges can avoid this and as a penalty to the players who misbehave they should not be allowed to play for the team until they are disciplined. Big time sports have been commercialized by the colleges and campus that participate in them because they compete with professional players. Many institutions end up using a lot of resources financially to build big stadiums. These can sometime lead to corruptions as sport grants and aid to these colleges and campus do not follow a procedure. Big time sports have programs, which govern the sports in the campuses and colleges. These programs do not receive a positive public exposure due to recruitment scandals, favourism based on gender issues, other students who participate in the sports end up performing badly academically, which is not good for the college. Colleges compete against each other between highly skilled teams of students halting scholarships. (Murray, 70) Big time sports can lead to conflict between academic performance and athletics. Colleges and campuses offering courses in liberal arts and sports have shown that the students who participate in college sports do not do well academically. This has led to college to tag the students in the graduation list who participate in college sports so as to compare them with the other students who don’t participate in sports. (Murray, 70) Big time sports cannot be successful if it wasn’t for the role the coaches play in these college sports. The coaches train the students with talent because they know the success of the team depends on the athletes’ talent. So if it is nurtured well, the more successful the team will be. If the team players are good that will reflect on how well the coach is because they learn from him as he guides them. Big time sports open opportunities. Most players are discovered while still in high school hence if recruitment is done properly the most talented players are got easily. Recruitment plays a major role in the success of a team taking into consideration that the team has competitive players hence stakes are set high for new players because if one is a good player possibility of being bought by a sport body to play for them are high. Other players are bought while still in high school, which can make them not finish high school, which is not right. High school athletes have to follow guidelines. Official visits are limited due to costs and if the player decides to have an official visit, it will be at his own expense. Big time sports have benefits to both colleges and campus and the players. These sports in terms of cost, consume a lot of resources in the campus budget. At the end, regardless of the high cost, when the colleges win in the college sport, there is usually an increase in application of students who want to join the college, donations also increase, teamwork is enhanced among the players, opposing teams are also united especially during the tournaments and lastly, it attracts athletes from diverse background. (Murray, 70) Big time sports are governed by guidelines and procedures. Due to technology, talented athletes are spotted even before they get to college and recruitment starts. They start the recruitment process by viewing the videotapes of applicants, dossiers, transcripts, which they sort. The ones short-listed are met in person. The final list is submitted to the admission office and also those who are academically qualified are admitted. The colleges also have committees to answer questions about college sports or any issue related to it. Issues to do with recruitment, complains and corruption, are also looked into by the committee. Works Cited Page Murray, S. College Sports, Inc. : The Athletic Department vs. the University. Henry Holt Company. 1990.

Nutrition and Junk Food Essay Example for Free

Nutrition and Junk Food Essay Tired, crabby, or unfocused in class? It could be the food you are eating. The lack of Introduction hooks the reader with a question. Thesis presented as last sentence of introductory paragraph. healthy and tasty school lunch selections has recently become a problem in almost every elementary, middle and high school across the nation. Most schools sell junk food to students and I think this is wrong. There are many good reasons to remove junk food from school lunch menus, and creating a healthier student body is number one. Junk foods should be taken out of school lunch menus because they affect your body and mind in negative ways. Junk food is a major cause of childhood obesity. 32% of youth are overweight and nearly 74% are unfit. The bad food offered in public schools contributes to this unacceptable Writer takes a clear position Authoritative position supported by citing research and using statistics. Details and facts support position. problem. A single 12-ounce can of soda has as Many of these sodas much as 13 teaspoons of sugar in the form of high-fructose corn syrup. are available to kids in school at low prices as well as many other completely unhealthy foods like chips and cookies. School lunches have a very high fat content and the USDA supplies schools with the same commodity foods as prisons. Due to the lack of fresh and flavorful food, many students will choose to buy the cheap junk food offered instead. If we could stock vending machines and cafeterias Language is precise and lively. Sentence structures are varied. with healthier foods, it would definitely make a dent in the childhood obesity rate. Another reason cafeterias should start serving healthier food is that junk food does Second body paragraph present another fully developed reason for position. ot give kids the energy needed to stay focused in school or the power to participate in sports. Lunch is right in the middle of the day; if you eat fatty or sugary foods, it could cause you to get tired and not pay attention in your afternoon classes. In addition, junk food zaps your energy, which affects your physical activity. You cannot perform your best if you don’t have any energy. practice. Many people on my swim team used to snack on chips and soda before When some of us complained about Appropriate anecdote used to support argument. etting tired and not being able to make it through practice, our coach asked us what we were eating beforehand. When he heard about our diet, he told us that we shouldn’t be consuming fried, fatty foods before we exercise. We should be eating healthy, natural foods because these give us energy and are good for our bodies. Many people may argue that banning junk food in schools is not a good idea. Concession and thorough response to counterargument. Students Sentence styles and structures are varied. say that junk food just tastes better than healthy food and they prefer it. There is no rule that says healthy food can’t taste good! Many junk foods can be replaced by similar tasting, healthier substitutes. Instead of fried chips, provide baked. Instead of soda, offer carbonated fruit juice. If substituting all of the unhealthy foods does not work, what about reducing the amount that we serve? Have a healthy main portion for lunch and a small dessert; sweets are not bad as long as they are consumed in moderation. There are multiple ways to solve the problem of people’s taste buds craving tasty foods. We just have to enforce this change. Providing junk food in school cafeterias is just an all-around bad idea. academic and physical potential. We need to eat The food we Call to action concludes essay. healthy food so we can reach our fullest eat affects our body and mind and we need to take advantage of that! Now that we understand the problem, it’s time to fix it by banning the sale of junk food in schools. Writing demonstrates proficient use of standard and academic English. Commentary This essay is an example of 7th grade advanced persuasive essay writing. The essay presents a clear position and does so in an original and engaging fashion. Support for the position is developed well with facts and anecdotes. Though insufficient research is cited to support some assertions, overall, this 7th grader has presented a compelling and convincing argument and used an authoritative tone and strategic language to convince readers of her position. The writer uses lively and specific language, which also helps to persuade readers. There is significant sentence variety in the essay along with clear control of writing conventions and spelling.

Mutual Trust and Confidence (MTC) in an Employment Contract

Mutual Trust and Confidence (MTC) in an Employment Contract Sophie Canning   Mutual trust and confidence (MTC) is a central term in implied terms of an employment contract.[1] MTC is an implied term which dictates that the employer will not conduct himself in such a way as to destroy or seriously damage the relationship of confidence and trust between the employer and employee.[2] The common law development of MTC was influenced by legislation,[3] statutory procedure for unfair dismissal and also had an impact on the way judges view MTC. The foundations for the implied term of MTC were laid down by Addis v. Gramophone Co. Ltd[4] which set out that in wrongful dismissal cases, there was no compensation in common law action for 1) the manner of dismissal, 2) the injured feelings, or 3) losses sustained from post dismissal.[5] The notion of MTC was not established in this case, but this case later helped explore the implied term of MTC. Courtaulds Northern Textiles Ltd v Andrew[6] gave MTC a narrative formulation.[7] MTC also arose out unfair dismissal and constructive dismissal claims, where the claimant wished to establish constructive dismissal and had to show there had been a breach of contract.[8] However, this could not always been proved and therefore there was a shift and people started arguing the employers behaviour undermined the employment relationship.[9] The term of MTC was formally recognised in Malik v. BCCI,[10] where it was described it as a portmanteau obligation by Lord Nicholls[11] and also opened u p the opportunity to claim damages for undermining MTC.[12] Malik[13] ultimately contradicts the third limb in Addis[14] as it allowed compensation for stigma damage. The second limb from Addis[15] was also challenged in Gogay V Hertfordshire County[16] when a care worker was suspended following accusations of child abuse and, from this, suffered from a psychiatric illness. The care worker was awarded damages for the breach of MTC; going against Addis[17] which stated there was no remedy at common law for injured feelings. However, both Addis[18] and Malik[19] arose from claims during the course of employment. The question arises whether there can be a common law remedy for at the time of the dismissal. This is answered in Johnson v Unisys[20] where it was identified that in the common law of wrongful dismissal, there cannot be a remedy for a breach of MTC at the time of dismissal. This rule was fashioned into the Johnson Exclusion Zone which is where common law claims based on a breach of MTC were pre-empted by the statutory claim for unfair dismissal.[21] Some academics have showed contention towards the Johnson Exclusion Zone. Collins highlights that, in regard to unfair dismissal claims, the exclusion zone cannot be manoeuvred around, if the claim can be met by the statutory law of unfair dismissal or if the claim cannot be met by statutory law, the exclusion zone still applies.[22]It was also stated in Edwards v Chesterfield Royal Hospital NHS Foundation Trust[23] that the Johnson exclusion area h as been productive of anomalies and difficulties.[24] Furthermore, more recent cases such as Bournemouth University Higher Education Corp v Buckland [25] and Tullett Prebon Plc v BGC Brokers LP[26] have confirmed how fundamental MTC is, especially in the eyes of the court.[27]Buckland[28] demonstrated that apart from Johnson,[29] the statutory context of MTC cannot be invoked to dilute the impact of the common law regime.[30] Furthermore other cases have developed the law, in regard to constructive dismissal cases. Leeds Dental Team Ltd v Rose,[31] in consideration of Tullett,[32] required Tribunals to endeavour to find the employers intention; whether they had the intention to act in such a way as to destroy MTC with the intention to permit the employee to terminate the contract.[33] The values of public law have also had a role in the emergence of MTC. MTC aims to guard against an abuse of power by the employer and protects the employee from an imbalance of power and an undermining of the relationship, mirroring the public law principles of regulating the power of public bodies. Brodie highlights this, underpinning that the most notable impacts of the implied obligation has been the way in which it has restricted an employers discretionary powers public law also serves to regulate the powers and discretions of public bodies.[34] MTC also mirrors the values of public law as, as decided in Johnson,[35] the employers power to dismiss is unfettered by implied duty. The rationale for this, as highlighted by Barmes, is that judicial imposition of fetters on dismissal powers would unconstitutionally undermine the legislative prohibition on unfair dismissalà ¢Ã¢â€š ¬Ã‚ ¦ it would give a common law cause of action to claimants who had been excluded by Parliament from el igibility to bring a statutory claim.[36] Again, this stops an imbalance of power and an autocratic relationship between employer and employee. Natural justice also plays a role in MTC. Natural justice demands fairness and non-bias decisions and is a common law rule.[37] Natural justice fits in with MTC as there is an obligation of MTC that renders illegitimate decisions and behaviour adjudged to be unacceptable in the modern workplace,[38] trying to create a fair balance between the employers and employees. However the notion of natural justice within MTC is not entirely favoured. Neuberger stated that he does not consider it right to import the rules of natural justice, which are connected with judicial decisions and some administrative decisions, into the purely contractual relationship of employer and employee.[39] Although the notion of MTC is one which is instrumental to the employment contract, it does have limitations. Firstly, MTC is arguably too broad, it encompasses too many obligations. MTC was described as being an overarching obligation implied by law as an incident of the contract of employment.[40] However academics such as Cabrelli disagree with this statement and postulates that there is no evidence for the emergence of the implied duty of mutual trust and confidence as an umbrella principle.[41] Conversely, the broad nature of MTC could be considered a positive aspect. Irving maintains that MTC is a flexible and fundamental concept, is likely to retain its importance whilst evolving further with the changing nature of employment relationships.[42] The flexible of this term means it can change with and adhere to the needs of society. The Court of Appeal has sought to reduce the extensiveness of MTC.[43] In Johnson[44] injury arising dismissal was removed the overarching feature of MTC, although this did not extinguish its input when assessing damages.[45] Despite that this was removed from the extensive list of things MTC encompasses, the removal of this is also a limitation. The principal that came from this is called the Johnson exclusion zone and is a limitation as it does not allow employees to recover damages for injuries sustained from the way they were dismissed even if it ;rongful or unfair. Lord Nicholls identified three problems from this; 1) a duplication of proceedings, one for common law action and the other for statutory action, 2) the existence of a boundary line means that in some cases an ongoing course of conduct may have to be split, 3) boundary lines may cause strange results.[46] MTC, and the search for a boundary line in the Johnson exclusion zone, has also created tension between the common law and the statutory procedure. This was highlight in Eastwood,[47] where it was underpinned that the practical consequences of the boundary betwe en common law and statutory rights and remedies are unsatisfactory and merit urgent attention by the Government and the legislature.[48] There seems to be similar view from the judiciary concerning MTC. Lord Hoffman underpins that the statutory scheme of unfair dismissal does not allow parallel law development, as it would agonistic to Parliaments intention, and therefore further development of MTC would be impossible.[49] Brodie highlights that the view of the judiciary is that the appropriate mechanism for regulation is provided by the law of unfair dismissal; hence restricting the proper ambit of the term of mutual trust and confidence.[50] Brodie also underpins that not allowing statutory compensation limits to circumvent Parliaments intention has a wider public interest, and is not just about equitable remedies.[51] So on this; it seems that the courts view on MTC is that it should keep well within the ambit of Parliaments intentions, however in doing so, could prohibit the development of MTC. To conclude, it is therefore clear that the evolution of MTC has been influence by unfair dismissal legislation and Parliaments intention and has ties with Public Law values such as natural justice. The Johnson Exclusion Clause has brought with it a lot of limitations as well as the statutory procedures which limit the common law remedies and arguably MTC from further developing fully. Furthermore, the judges seem to be more concerned with providing a remedy in line with Parliaments intention rather than providing a common law remedy that is equitable which also could arguably be limiting the development of MTC fully and properly. Words 1479 Bibliography Primary Sources: Cases: Addis v. Gramophone Co. Ltd. [1909] A.C. 488 Bournemouth University Higher Education Corp v Buckland [2010] EWCA Civ 121; [2011] Q.B. 323 Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84 Eastwood v Magnox Electric Plc [2004] UKHL 35 Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 Gogay V Hertfordshire County [2000] EWCA Civ 228; [2000] IRLR 703 Johnson v Unisys [2003] 1 AC 518 Leeds Dental Team Ltd v Rose [2014] I.C.R. 94 Malik v. BCCI [1997] I.R.L.R. 462 Mclory and Others v Post Office [1993] 1 All ER 457 Tullett Prebon Plc v BGC Brokers LP [2011] EWCA Civ 131; [2011] I.R.L.R. 420 Woods v WM Car Services [1981] ICR 666 Legislation: Employment Rights Act 1996 Secondary Sources: Books: Pitt, G, Pitts Employment Law (2016, 10th ed, Sweet Maxwell), Samuels, H and Webley, L, Public Law: Texts, Cases, and Materials (2015, OUP) 3rd Ed Journals: Barmes, L, Common Law Implied Terms And Behavioural Standards At Work [2007] ILJ 35 Barnard, C Cherries: one bite or two? [2006] CLJUK 27 Barnard, C and Merrett, L, Winners And Losers: Edwards and The Unfair Law Of Dismissal [2013] C.L.J 313 Brodie, D, Legal coherence and the employment revolution [2001] Law Quarterly Review 604 Brodie, D, Mutual Trust And Confidence: Catalysts, Constraints And Commonality [2008] ILJ 329 Brodie, D, Mutual Trust And Confidence: Further Clarification [2011] Employment Law Bulletin 2 Cabrelli, D, The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle? (2005, ILJ Vol 34) Collins, H, Compensation For Dismissal: In Search Of Principle [2012] ILJ 208 Irving, D, The role and development of mutual trust and confidence as an implied term of the contract of employment [2008] Coventry Law Journal 22 Julies Enterprise Limiteds (JEL) company handbook gave the company the right to change the contents of the handbook and introduce new policies, depending on the business. However, generally there cannot be a variation of terms unilaterally. Lord Justice Asquith stated on the matter of unilateral changes, that [a]n unaccepted repudiation is a thing writ in water[52] underpinning the need for a bilateral variation of terms. JELs right to change contents of the handbook and policies is analogous to Bateman v Asda[53]where Asda created an express term in the employees contracts that stated they reserved the right to change and amend their handbook unilaterally. Both the courts agreed that Asda could reserve the right to change the handbook unilaterally as long as the term is clear and it is not unreasonable manner so far as to breach the term of mutual trust and confidence. Therefore following this, JEL has the right to amend the handbook, however changing the handbook to incorporate ran dom full body searches could be seen as unreasonable and a breach of mutual trust and confidence. S95 of the Employment Rights Act 1996[54] (ERA) underpins the nature to which someone can be dismissed. An employee can be dismissed with or without notice if the contract has been terminated by the employer.[55] Commonly the dismissal is not effective until has been communicated by the employer and the employee had acknowledged it, as confirmed in Gisda Cyf v Barratt.[56]The verbal dismissal from Jeremy can be seen as being communicated and therefore it can be said that Lizzie acknowledged it. The dismissal must also be clear and explicit. If it is ambiguous the courts must enquire as to what the reasonable man would understand as a dismissal. In Futty v D and D Brekkes Ltd[57]the employer told the claimant if you do not like the job, you can fuck off and this was construed by the claimant as being equivocal to a dismissal. However, this was not construed as a dismissal but as a resignation as the complainant found another job. It also has to be established whether Lizzie can claim for unfair or wrongful dismissal. Wrongful dismissal is concerned with a dismissal in breach of contract. There are two conditions that need to be fulfilled to have a successful claim; 1) there was a termination of a contract without or with inadequate notice and 2) the employer was not justified in doing so.[58] On the other hand, unfair dismissal is concerned with a dismissal that is unfair and is statutory. Under the ERA it states that [a]n employee has the right not to be unfairly dismissed by his employer.[59] To claim for unfair dismissal, there must be a qualifying period of employment of at least one year, as her employment is prior to 6 April 2012.[60] As Jeremy had no good reason for dismissing Lizzie, or followed a disciplinary process, it can be seen as unfair.[61] There are aspects of Lizzies dismissal that were wrongful and unfair. Generally, the law on references is that there is no legal obligation to provide a reference; but if one is given it must be fair.[62] If Lizzie were to think the reference was unfair, she could claim for damages upon proving the unfair reference caused her to suffer a loss.[63] Jeremy stating not to bother asking for a reference was therefore neither unfair nor wrongful as Jeremy does not have to provide one. At common law, no damages can be awarded for matters that arise from it such as psychiatric injury. Lizzie has suffered panic attacks and depression since her dismissal. This is indicative of wrongful dismissal. However, the courts cannot award damages in regard to psychiatric injuries that arise as a result of the dismissal, as per Johnson v Unisys.[64]In this, the claimant had won a claim for unfair dismissal and tried to claim for wrongful dismissal, as the claimant had suffered a mental breakdown as a result of the way he was dismissed. However, the majority verdict was that there could be no claim as the judges could not justify developing a common law remedy to employees who suffered from psychiatric illnesses as a result of the way they were dismissed. Johnson[65]indicates that the judges are not prepared to extend the common law of wrongful dismissal in a way which would extend beyond that of unfair dismissal legislation.[66] However, as per Eastwood v Magnox Electric Plc[67] Lizzie could have claimed if the psychiatric injury arose before the dismissal; but this is not the case, so it is unlikely she could claim for psychiatric injury. Additionally, in Lizzies employment contract, it was an express term that she would receive 3 months notice. However Jeremy did not satisfy this and terminated her employment without notice. Under S86 ERA there is a statutory minimum notice period.[68] For each year of employment, there must be one week of notice; if the employment is continuous and more than two years but less than twelve.[69] Therefore, under this statutory minimum, Lizzie should be entitled to at least five weeks notice. However, Lizzies notice period was contractually 3 months and as she has not received this, there has been a breach of contract. Therefore it could be said that Lizzies dismissal was in fact wrongful as this is a breach of contract. Generally, there is no duty to give notice when the employee is in fundamental breach of contract. This is shown in Pepper v Webb[70] where the employees refusal to follow instructions and continued to be insolent was held to be a breach of implied duty and therefore t he dismissal was warranted, despite there being no notice. Lizzie should claim for unfair dismissal. There are three types of remedies, in regard to unfair dismissal: reinstatement, re-engagement and compensation. Reinstatement is governed under S114 ERA and means an employer has to treat the complainant as if he had not been dismissed;[71] effectively when the employee goes back to their job as if they had not been unfairly dismissed. However, it is unlikely she would want this. Moreover, re-engagement is governed under S115 ERA which states that the complainant will go back to the employer but to a different job.[72] Again, it is doubtful she would want this. Additionally, compensation is governed by sections 118 to 124 ERA. S119 underpins the basic award received; 1) Half weeks pay for every year of employment when the claimant is aged under 22, 2) Weeks pay for work between 22-40 and 3) Week and a half pay for every year over 41.[73] The Compensatory award is governed by S113 and conditions that the court must give an amount that is equi table[74] and includes losses of earnings and any future loss, subject to aggravating circumstances, such as if the complainant had contribute to their dismissal in any way.[75] Damages are subject to deductions; one of the most common deductions is the Polkey Deductions.[76] This deduction occurs when there has been an unfair dismissal as the employer has failed to follow the correct procedure.[77] If the claimant would have been dismissed anyway, the compensation would be reduced as to the likelihood as a percentage deduction.[78] If Lizzie claims for unfair dismissal, it would be unlikely she could claim for wrongful as well. However, if she wanted to claim for wrongful instead, as it is concerned with the breach of a contract, the purpose of the remedy would to put the claimant back in a position they would have been before the breach. Damages in regard to the inability to comply with the express notice period can only stretch as far as the money earnt in that period of employment if notice had been given. This is highlighted in Focsa Services (UK) Ltd v. Birkett[79]where Justice Clark stated that the fact [was] that Mr Birkett was dismissed. In so far as he did not receive his full notice, he is generally entitled to damages to reflect the pay during the notice period and no more.[80] Lizzie did not receive a notice, even though it was contractual that she should have one and therefore Lizzie could claim for pay she would receive in those three months if she received notice. When the courts are analysing th e amount to give in damages, the court also have to consider other relevant factors such as bonuses. Lizzie, as part of remuneration, received a discretionary bonus and received this bonus ordinarily every year, bar last year. Generally, there can be a claim for bonuses if they are contractual, however as Lizzies was discretionary there is no duty to give a bonus if not contractual. Moreover, the courts aim to return the employee to the original position before the dismissal. This is fortified in Lavarack v Woods of Colchester[81]where an employee had been wrongfully dismissed and did not receive a bonus after dismissal, despite being subject to sporadic discretionary bonuses, as the employers had cut bonuses and raised the wage. The Court of Appeal held that the employers only had to fulfil the contractual obligation as everything else, including bonuses and raised pay, was discretionary. Words: 1520 Total Words: 2999 Bibliography Primary Sources: Cases: Bateman v Asda [2010] IRLR 370 Eastwood v Magnox Electric Plc; McCabe v Cornwall County Council [2005] 1 AC 503 Focsa Services (UK) Ltd v. Birkett [1996] IRLR 325 Futty v D and D Brekkes Ltd [1974] IRLR 130 Gisda Cyf v Barratt [2010] UKSC 41; [2010] 4 All E.R. 851 Howard v Pickford Tool Co [1951] 1 KB 417, 421 (Asquith LJ) Johnson v Unisys [2001] UKHL 13; [2003] 1 A.C. 518 Lavarack v Woods of Colchester [1967] 1 QB 278 Pepper v Webb [1969] 1 W.L.R. 514 Legislation: Employment Rights Act 1996 Secondary Sources: Books: Gweneth Pitt, Pitts Employment Law (Sweet Maxwell, 2016) 10th ed Websites: ACAS, References: workers rights (gov.uk, 2016) accessed 20 December 2016 ACAS Understanding the Polkey deduction (ACAS, 2013) accessed 23 December 2016 Gov, Dismissal: Your Rights (gov.uk, 2016) accessed 16 January 2017 Gov, Dismissal: Your Rights (gov.uk, 2016) accessed 16 January 2017 Working Papers: Deakin, S, The Contract Of Employment: A Study In Legal Evolution (2001) ESRC Centre for Business Research, University of Cambridge Working Paper No. 203, 33 accessed 19 December 2016 [1] David Cabrelli, The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle? [2005] Industrial Law Journal, Vol 34, 284 [2] Woods v WM Car Services [1981] ICR 666; Malik v. BCCI [1997] I.R.L.R. 462 [3] Employment Rights Act 1996 [4] Addis v. Gramophone Co. Ltd. [1909] A.C. 488 [5] Ibid (Loreburn L.C.); Malik v. BCCI [1997] I.R.L.R. 462 (Lord Nicholls) [6] [1979] IRLR 84 [7] Lizzie Barmes, Common Law Implied Terms And Behavioural Standards At Work [2007] ILJ 35 [8] Gweneth Pitt, Pitts Employment Law (2016, 10th ed, Sweet Maxwell), 1554 [9] ibid [10] Malik v. BCCI [1997] I.R.L.R. 462 [11] Catherine Barnard, Cherries: one bite or two? [2006] CLJUK 27 [12] Gweneth Pitt, Pitts Employment Law (2016, 10th ed, Sweet Maxwell) [13] Malik v. BCCI [1997] I.R.L.R. 462 [14] Addis v. Gramophone Co. Ltd. [1909] A.C. 488 [15] ibid [16] [2000] EWCA Civ 228; [2000] IRLR 703 [17] Addis v. Gramophone Co. Ltd. [1909] A.C. 488 [18] ibid [19] Malik v. BCCI [1997] I.R.L.R. 462 [20] Johnson v Unisys [2003] 1 AC 518 [21] Catherine Barnard and Louise Merrett, Winners And Losers: Edwards and The Unfair Law Of Dismissal [2013] C.L.J 313 [22] Hugh Collins, Compensation For Dismissal: In Search Of Principle [2012] ILJ 208

Body Preparation for Photo Shoot :: Photo Shoots Health Self Image Beauty Essays

Body Preparation for Photo Shoot Get a good night's sleep the two days before the shoot. Nothing wrecks a great photo more than a tired model. Hair Conditioning Healthy hair is thick hair. Thick hair is much more attractive in photos -- since it "lifts" off the top of the head and it "fills out" the air surrounding the head. The easiest way to achieve full hair is to use hair conditioner for at least two weeks. Additionally -- avoid using any hair dryers, heated curlers, or curling irons on your hair. This "heat" breaks down the hair proteins -- which leads to loss of hair volume and split and frayed hair. Nails Most people have problem nails. A simple solution it so apply nail coloring which is the same color as the "center" portion of the nail. By having the entire nail the same color -- it helps minimize the attention paid to hangnails, discolorations in the nail, and rough nail tips. Shaving There is a right way, and a wrong way to shave. When shaving -- you want to "shave with the grain" of the hair. Each hair comes out of the skin at a particular angle. The handle of the razor should be pointed in the same direction. This shaves off the hair cleanly at the surface. If you shave "against the grain" of the hair -- the razor is "pulling" the hair out of the body as it cuts it -- so that the hair "snaps back" under the skin after being cut. The Razor Burn (redness, itching, bumps) associated with shaving are caused by the hair trying to push its way back through the skin. When shaving longer hair (like pubic areas or legs) -- you will first want to use a very sharp scissors and trim the hair as close to the skin as possible. This will not only allow you to clearly see which direction the hair is coming out of the body -- but it also prevents the razor from "skipping & jumping" over long and tangled hairs (which leads to nicking of the skin). To shave properly, get the skin and the hair very wet. Use a shaving cream or baby oil (preferred) to help the razor glide over the skin more easily. I recommend using baby oil -- since it still allows you to see the direction the hair is exiting the body.

Valentine and Stealing - By Carol Ann Duffy :: essays research papers

‘Valentine’ and ‘Stealing’, By Carol-Ann Duffy FOR IDEAS ONLY, DO NOT COPY In ‘Valentine’ and ‘Stealing’, Carol-Ann Duffy uses an extended metaphor which helps the reader relate to what the poet is trying to get across, and to understand what the feelings are of the narrator.   Ã‚  Ã‚  Ã‚  Ã‚  Both poems also focus on the thoughts and emotions of the ‘speaker’, both are structured as conversational pieces, meaning you could just use it to talk to someone, and could imagine the reactions of the person they’re talking to. Duffy also never reveals the sex or identity of either person.   Ã‚  Ã‚  Ã‚  Ã‚  In ‘Valentine’ she uses an onion to explain love, going from the idea that it’s really romantic, to how it’s lethal. â€Å"It’s a moon wrapped in brown paper† for an example. Duffy was using a moon because it’s nearly always associated with romance in films and movies.   Ã‚  Ã‚  Ã‚  Ã‚  The â€Å"brown paper† is the skin of the onion, meaning that she’s being careful to mention all of the aspects of the onion, and the fact that it’s a gift, because, traditionally, you wrap gifts up.   Ã‚  Ã‚  Ã‚  Ã‚  In ‘Stealing’, Duffy uses a snowman to describe the thief’s emotions, relating to how they are both cold inside. â€Å"A mate/with a mind as cold as the slice of ice/within my own brain.† The thief thinks that the snowman suits them, because the snowman reflects what he thinks about himself. It means that the thief feels numb an cold inside, that they can’t feel anything, or think they can’t as this is proven later on in the poem.   Ã‚  Ã‚  Ã‚  Ã‚  Both the poems are conversations, though to different people. ‘Valentine’ is to the speaker’s other half, who is anonymous to the reader. The ‘Stealing’ guy seems to be talking to everyone he thinks will listen to him. ‘Valentine’ and ‘Stealing’ both have tones that change throughout the poem.   Ã‚  Ã‚  Ã‚  Ã‚  For an example, ‘Valentine’ starts out that love is happy, that it is great, and sounds like the first part of the poem should be read in a light romantic tone, but reveals more about the poets feelings as we learn about he relationship, and how it’s â€Å"possessive and faithful†. â€Å"Possessive† is a word which makes the relationship sound like it traps Duffy, away from the world. Possessiveness is usually a bad thing in a relationship, as it means that either the man or the woman is too adamant about their other half talking or spending time with anyone else, when â€Å"faithful† is something most relationships long for, or make people happy with their lives because both in a are faithful.

Carl Jung Essay -- essays research papers

Carl Jung 1875 - 1961 Anyone who wants to know the human psyche will learn next to nothing from experimental psychology. He would be better advised to abandon exact science, put away his scholar's gown, bid farewell to his study, and wander with human heart throught the world. There in the horrors of prisons, lunatic asylums and hospitals, in drab suburban pubs, in brothels and gambling-hells, in the salons of the elegant, the Stock Exchanges, socialist meetings, churches, revivalist gatherings and ecstatic sects, through love and hate, through the experience of passion in every form in his own body, he would reap richer stores of knowledge than text-books a foot thick could give him, and he will know how to doctor the sick with a real knowledge of the human soul. -- Carl Jung Freud said that the goal of therapy was to make the unconscious conscious. He certainly made that the goal of his work as a theorist. And yet he makes the unconscious sound very unpleasant, to say the least: It is a cauldron of seething desires, a bottomless pit of perverse and incestuous cravings, a burial ground for frightening experiences which nevertheless come back to haunt us. Frankly, it doesn't sound like anything I'd like to make conscious! A younger colleague of his, Carl Jung, was to make the exploration of this "inner space" his life's work. He went equipped with a background in Freudian theory, of course, and with an apparently inexhaustible knowledge of mythology, religion, and philosophy. Jung was especially knowledgeable in the symbolism of complex mystical traditions such as Gnosticism, Alchemy, Kabala, and similar traditions in Hinduism and Buddhism. If anyone could make sense of the unconscious and its habit of revealing itself only in symbolic form, it would be Carl Jung. He had, in addition, a capacity for very lucid dreaming and occasional visions. In the fall of 1913, he had a vision of a "monstrous flood" engulfing most of Europe and lapping at the mountains of his native Switzerland. He saw thousands of people drowning and civilization crumbling. Then, the waters turned into blood. This vision was followed, in the next few weeks, by dreams of eternal winters and rivers of blood. He was afraid that he was becoming psychotic. But on August 1 of that year, World War I began. Jung felt that there had been a connection, somehow, between hims... ...ates, they are a little dangerous, especially economically. They are good at analysis and make good entrepreneurs. They do tend to play at oneupmanship. ESFJ (Extroverted feeling with sensing): These people like harmony. They tend to have strong shoulds and should-nots. They may be dependent, first on parents and later on spouses. They wear their hearts on their sleeves and excel in service occupations involving personal contact. ESFP (Extroverted sensing with feeling): Very generous and impulsive, they have a low tolerance for anxiety. They make good performers, they like public relations, and they love the phone. They should avoid scholarly pursuits, especially science. ESTJ (Extroverted thinking with sensing): These are responsible mates and parents and are loyal to the workplace. They are realistic, down-to-earth, orderly, and love tradition. They often find themselves joining civic clubs! ESTP (Extroverted sensing with thinking): These are action-oriented people, often sophisticated, sometimes ruthless -- our "James Bonds." As mates, they are exciting and charming, but they have trouble with commitment. They make good promoters, entrepreneurs, and con artists.

Enter the Void Film Review

Enter If You Must A testament of cinematic genius, a daring and psychedelic composition, an adventure through reality and the afterlife: Enter the Void is unlike any movie one has seen or probably will see in the future. Written and directed by the Frenchman Gaspar Noe, Enter the Void is a complex film that constantly experiments with the director’s unique visual style. Enter the Void follows the tragic story of a young American drug dealer, Oscar, as he struggles to survive in the neon-lit and chaotic streets of Tokyo. Early in the film, Oscar is shot and killed in a drug bust gone wrong.The rest of the film is captured from the perspective of Oscar’s spirit, as he revisits important moments of his past and watches over his loved ones. Enter the Void challenges all theories about life and death, explores the world of drugs and sex, and reaffirms the true value of a brother and sister relationship. However, what makes Enter the Void especially distinct is that the camer a only shoots through the first-person perspective of Oscar, as we watch everything through his eyes. Noe’s commitment to presenting the whole film through Oscar’s perspective dates back to films such as Robert Montgomery’s Lady in the Lake.Noe is able to effectively bring the audience into Oscar’s conscience with this camera technique, and the detail makes the film all a more fascinating experience. Throughout the film, Noe consciously alters the POV-style of the camera to represent different stages of the character’s life. When Oscar is alive, the camera is strictly through his viewpoint, and we are reminded he is alive from his eyes blinking on the screen. This POV-style allows us to get to know Oscar on a very personal level, as his every action and thoughts are always seen by the audience from a perspective they are used to seeing their own life from.When Oscar dies, Noe changes the camera to an over-the-shoulder shot, and all we can see is th e back of Oscar’s head. This POV-style allows the audience to revisit moments of Oscar’s past from a different perspective, one that is uninviting, but it also allows the audience to finally be able to care for a character who they can see visibly. Eventually, Noe removes Oscar’s silhouette from view, and the camera hovers like a ghost over Tokyo in a fantastic out-of-body visual display. The swooping and soaring camerawork perfectly transcribes the feeling of Oscar’s spirit flying through the luorescent lights and towering skyscrapers on the Tokyo skyline. There is a dreamlike quality to this camera view, and Noe masterfully mesmerizes the audience with a psychedelic display of colors, lights, and movement. The different POV-styles of the camera are definitely an important tool that constantly reminds the audience what stage they are following Oscar in: Life, death, or in his memories. Without a doubt, Enter the Void courageously experiments with camera perspective, and Noe is able to create an exciting visual experience for the audience, while telling his story in a non-traditional manner.Enter the Void is not only remarkable for its daring first-person perspective camera work, but Gaspar Noe’s brilliant use of computer-generated imagery allows him to visually synthesize the sex, drugs, and violence of this film, into a complex masterpiece. Noe is able to create a visual beauty and sense of spirituality through the help of computer-generated imagery, even allowing the audience to share Oscar’s experience hallucinating after smoking DMT. Noe experimented with hallucinogens in his youth, and his experiences had a profound influence on the visuals in Enter the Void.He would often reference paintings, photographs, music videos, and other films in order to describe his psychedelic experiences to his design team. As Oscar starts his trip, the screen transforms into a collage of brightly lit shapes and colors. The elaborate designs and images incorporate the audience into Oscar’s character, a lost and troubled youth, and we experience his thoughts and viewpoint first hand. Noe experiments with a new language of film, as the various textures and morphing images he uses are essential in achieving a 3D feeling without any glasses.Noe constantly breaks from the typical conventions of film, as he simultaneously combines experimental visuals with obscure POV-styles. When filming the camera shots hovering over Tokyo, Noe combined studio scenes, helicopter shots, and computer-generated imagery into one so the audience could not tell them apart. The dreamlike world of Enter the Void was achieved by accentuating the neon lights, reflections, and dark areas of Tokyo. Noe even experimented with motion blur, chromatic aberration, and focus effects to create the mysterious flickers that add to Tokyo’s sleazy psychedelic environment at night.Noe’s visuals and unique storytelling methods definite ly show similarities to his favorite film, 2001: A Space Odyssey. The light corridor scene in 2001: A Space Odyssey clearly influenced Gaspar Noe, as Noe re-creates the same feelings of amazement and mystery that come from special effects, camera movement, and lighting. Noe’s work has also been compared to Austrian filmmaker Michael Haneke, as they both have created experimental works that distort the formal elements of film, often in a frustrating, cruel, and provocative way.Enter the Void is effectively able to draw the audience into the film through personal relationships with the characters, but it is the film’s fascinating use of visuals and CGI that makes it hold meaning with the audience on a spiritually mesmerizing level. Overall, Enter the Void is a phenomenal work that recognizes the experimental side of film, as it combines an unconventional plot, daring POV-styles, and outstanding computer-generated imagery.Gaspar Noe masterfully combines digital effects wi th unique cinematic techniques, and as a result Enter the Void is a mind-altering experience that constantly challenges our theories on life, death, and the spiritual. Noe breaks away from the usual conventions of film, and this gives him the freedom to embrace his creativity, and follow his true passions. Enter the Void will surely take one on a captivating journey through hell and back, but more importantly it will open one’s eyes to how a director can expand the possibilities of film.