Thursday, October 10, 2019

Industrial Democracy in Zimbabwe Essay

Industrial democracy has its origins in the theories of Kurt Lewin who strongly advocated the idea that the management of change requires full participation from those affected by change (Sambureni 2001). Sambureni further defines industrial democracy as ‘a process in which employees either directly or indirectly through their representatives, share equal power over the decision-making process which management normally reserves to itself’. Industrial democracy is also defined as ‘an arrangement which involves workers making decisions, sharing responsibility and authority in the workplace (www.wikipedia.org ).As can be deduced from the above definitions, the essential feature of industrial democracy is that it gives employees or their representatives a share in the process of management. It is against this background that this essay will examine the view that ‘there is industrial democracy in Zimbabwe’ using practical examples from Zimbabwean enterprise s. Since the settler occupation in 1890, in the hierarchical order of Rhodesia, the Black stood at the lowest level. As an African, one was subjected to the overall system of discrimination, as a worker, one was also a victim of particularregulations which prior to the Industrial Conciliation Act of 1959, prevented African workers from participating in the determination of their conditions of service by excluding them from the definition of ‘employee’ (Maphosa, 1991). The colonialists promulgated laws that repressed and suppressed workers, most notably, the Master and Servants Act, hence, the absence of industrial democracy. Upon attainment of independence, the government of Zimbabwe implemented policies to address the racial imbalancesthat were created by the colonial administration in terms of industrial relations to promote industrial democracy in workplaces. Sachikonye (1985) propounds that the existence of a Labour Courtin Zimbabwe is clear testimony of the presence of industrial democracy in Zimbabwe. It is an appeal court for a variety of labour disputes. The Labour Courtprotects workers’ rights to the extent where some writers claim that workers in Zimbabwe are ‘over-protected’ by the law. This claim is supported by various cases, one of which is the case where Air Zimbabwe Senior Managers relieved of their duties in 2009 and took up their matter to the Labour Court were awarded one hundred thousand United States dollars exit packages for each manager. This is industrial democracy at its best though some critics may find it too harsh a ruling on the part of the employer who might face financial challenges caused by the unexpected expense and leaves the employer with no right to dismiss employees as the dismissed employees will appeal through the labour court which always rules against the employer.However, an International LabourOrganisation (ILO) audit carried out by Lovemore Madhukunotes that awards and judgements by the Labour Court are not immediately enforceable as they have to be registered with the High Court. Some reformists have suggested that the Labour Court should be made the court of final appeal in all labour matters and be empowered to enforce its own decisions.The audit also notes that there are no time limits prescribed for making judgements. This was contrasted with other countries where time limits, the most c ommon being 30 and 90 days are stipulated.In this case, justice delayed is justice denied thereby violating the principles of industrial democracy. According to the Constitution of Zimbabwe (2013), except for members of the Security Services, every person in Zimbabwe has the right to form and join Trade Unions and employee and employers’ organisations of their choice and to participate in the lawful activities of those unions and activities. The right to form or join or participate in the activities of a trade union is protected by both the Constitution of Zimbabwe and the Labour Relations Act (Madhuku, 2009). This supports the view that there is industrial democracy in Zimbabwe as it gives employee or employer organisations the right to engage in collective bargaining, organise and form and join federations of such unions and organisations. Examples of Trade unions in Zimbabwe include Zimbabwe Congress of Trade Unions (ZCTU) which is the dominant central Trade Union in Zimbabwe, the Zimbabwe Teachers’ Association (ZIMTA) the largest and most influential Teachers’ organisation and the Zimbabwe Federation of Trade Unions (ZFTU) made up of professionals in labour management, disputes and tribunal settlements among others. It is notable to mention though that in practice, members of independent trade Union organisations face harassment and intimidation from government forces and it is extremely difficult for them to carry out any Trade Union activities. Although the High Court ruled in April 2002 that the ZCTU does not need permission from the police to hold private meetings, the police have continued to interfere with its meetings, for example, on January 10 2006, armed police raided ZCTU offices confiscating computer discs and files and the government claimed to have launched an investigation into allegations of financial mismanagement by trade union leaders but ZCTU President Lovemore Matombo said it was a political move to silence the union by discrediting its leadership, hence, violating the ethics of industrial democracy. The enactment of the Labour Relations Act of 1985 in Zimbabwe bears witness to the presence of industrial democracy. The Act, according to Sambureni (2001) created a framework for the exercise of fundamental rights of workers that include termination of employment, retrenchment, dispute settlement process and HIV and AIDS regulations, unfair labour practices, minimum and maximum wages, creates a framework for collective bargaining as a source of terms and conditions of employment and also vests the dispute handling powers with the Ministry of Labour to deal with work-related disputes through mediation, conciliation and arbitration. In this case, however, one can argue that state intervention in the form of legislated minimum wages or maximum salaries has in part contributed to ineffectual worker participation in managerial decision making. In some sectors, for example the Apex Council of Public Sector Unions, the Public Service ministry set parameters within which salary increases ca n be negotiated. Such parameters constitute limits to the nature and extent of both management decision-making and workers participation in it, and hence, limits the values of industrial democracy. Another indicator by the government of Zimbabwe to promote industrial democracy is the right of workers to be represented at a disciplinary hearing, which is a fundamental principle of natural justice (Kanyenze, 2001). Section (4) (b) of Statutory Instrument 15 of 2006 entitles an employee appearing before the employer or disciplinary authority to be represented by either a fellow employee, Workers’ Committee member, Trade Union official or Legal Practitioner. All company codes of conduct and National Employment Council codes in Zimbabwe provide for the right to representation in their procedures. In the case of Vice Chancellor, University of Zimbabwe vsMutasa (1993) which involved the expulsion of three students from the University of Zimbabwe, the issue of legal representation was dealt with. However, in Minerals Marketing Corporation of Zimbabwe (MMCZ) vs John Mazvimavi (SC295/95), former Justice Anthony Gubbay left the right to legal representation as an open question as the labour Tribunal had ruled that MMCZs refusal to permit John Mazvimavi to be legally represented amounted to a violation of the principles on natural justice and the main beliefs of industrial democracy. As regards discrimination, the Labour Relations Act of Zimbabwe stipulates that no employer or person shall discriminate against any employee or prospective employee on grounds of race, tribe, place of origin, political opinion, colour, creed or sex in relation to the advertisement of employment, recruitment for employment, creation or abolition of jobs, the choice of persons for jobs or posts, training advancement, apprenticeships, transfer, promotion or retrenchment and any other matter related to employment. This clearly confirms the view that there is industrial democracy in Zimbabwe. However, cases of discrimination on grounds of one’s HIV status still exist in the Army, Health sector and the Civil Aviation Authority of Zimbabwe were employees are expected to undergo HIV tests periodically and these have a bearing on the working conditions of the employee. If the employee is found to be HIV positive, then some of their duties and responsibilities may be scrapped off their job description. It has been stated by a leading labour lawyer that, ‘There can be no equilibrium in industrial relations without a freedom to strike’ (Madhuku, 2009). In protecting that freedom, the law protects the legitimate expectations of workers that they can make use of their collective power. The new Zimbabwe constitution has a bill of rights that gives unconditional rights to strike by employees.The right to strike cannot be separated from collective bargaining as strikes are only justifiable for purposes of maintaining equilibrium in labour relations, that is, for collective bargaining purposes. In this regard, one can safely say that there is industrial democracy in Zimbabwe. However, although the Labour Relations Act recognises the right to strike, there are many procedural hurdles, including the fact that more than 50 percent of the employees must vote for a strike, followed by a 30 day conciliation period and possible referral to binding arbitration and then a 14 day advance notice period (Kanyenze, 2011). The sum effect of these delaying tactics is that it is practically impossible to organise a legal strike. In Zimbabwe Teachers Association and Others vs Minister of Education and Culture, government’s purported dismissal of striking teachers who had defied its orders to return to work was held by the High Court to be unlawful as the dismissed Teachers had not been given an opportunity to be heard. In conclusion, the essay has highlighted some evidence of industrial democracy in Zimbabwean enterprises, though the cases are not exhaustive as issues to do with amendments to the new constitution, National Employment Council and notice of hearing within 48 hours have not been discussed. The essay has also highlighted some cases where industrial democracy is compromised, for example issues to do with the right to strike and determination of minimum wages. One can therefore conclude that industrial democracy partially exists in Zimbabwe. REFERENCES Kanyenze, G. (2011) Beyond the enclave: Towards a pro-poor and inclusive development strategy for Zimbabwe, African Books Collective Madhuku, L, and Sambureni, N, T., Labour Law (Zimbabwe Open University Module Maphosa, G, J., (1991) Industrial democracy in Zimbabwe?Zambezia Sachikonye, L, M., (1985) Labour Legislation in Zimbabwe: Historical and Contemporary Perspectives Sambureni, N, T. (2001) Industrial and Labour Relations www.wikipedia.org

Challenges of Higher Education Essay

The world of higher education is far removed from life in high school. Whereas in elementary and secondary education, individuals are being taught the foundations, college life is ultimately about training for a life-long profession or career. Higher education is a combination of fundamental concepts learned across professions and their practical use for specific careers. In college, individuals find their niche, that one true passion that will define and give meaning to our lives. Of all the choices we make in life, one of the most important and most difficult is the choice of what course to take in college. This choice more or less determines the course of our adult lives and whether we become successful or not. For some, the choice comes easy because they already know what they want to be. There are others on the other hand who have spent some years in college, shifting from one course to another, trying to find what fits them the most. In any case, regardless of what course one takes in college, one should have a sound grounding in general education because this will serve as the foundations for the acquisition of more specialized, employment-based learning. (Gless, 1992) Once a choice of course and school has been made, the main challenge now is how to get through the rigors of higher education as well as the addressing the necessary activities of daily living. Indeed for incoming college freshmen, it is an entirely new world, profuse with challenges. After having spent 18 years in the care and protection of our parents, its time to leave the nest and learn to fend for ourselves. Chores can be particularly annoying because they have to be done endlessly. The challenge is how to budget not just money but other resources such as food and clothing. After having depended on our parents to do things for us, it can be difficult adjustment to have to constantly worry about washing clothes and cleaning the room. However, such tasks need to be done and they are actually part of the more important lessons that we must learn. Socialization if one of most crucial aspects of college life. It is important to be able to get along with roommates and classmates because they will form the support structure that one needs in order to make it through the daily grinds of college. Sometimes it can get difficult, juggling school responsibilities with other concerns, but if you have good friends to support you, then the burden is somewhat lessened. For college freshmen it can be difficult at first to forge new friendships after high school, but once we make the effort to reach out, then we will realize that college is better when spent with people you can trust and people you love and respect. In college it is important to have social skills because more than what we learn inside the classroom, it is the ability to make genuine connections that determines the quality of life that we will have. All the academic demands of higher education such as assignment, projects, reports, and activities can really be overwhelming. The best way to cope with this is through time management. We must learn to prioritize and set a schedule that we will adhere to when faced with several duties at the same time. The not-so-urgent things can be set aside to be attended to on less-stressful days. In the end, higher education is more than the things that we learn inside the classroom. Our characters are shaped by how we react to the challenges that we face both inside and outside the classroom. The ability to become self-determined and independent; that is what higher learning is all about. References: Gless, Darryl J. The Politics of Liberal Education Duke University Press. 1992.

Wednesday, October 9, 2019

Analysis and Recommendations for the Resolution of Operational Essay - 2

Analysis and Recommendations for the Resolution of Operational Problems at EMPLOI - Essay Example EMPLOI or Employment Opportunities, Inc. is a staffing service provider established 13 years ago. Upon inception, it specialized in providing temporary staff for office related positions such as office clerks, data encoders, and administrative personnel. Three years ago, the company was sold to its new owners. Although EMPLOI has been operating with sufficient profits to sustain operations for the last 3 years, the new owners have not yet been able to recover their initial investment when they acquired the company. The current CEO believes that strategic actions need to be undertaken to solve operational problems in order to increase revenues thereby increasing profits from operations so that the owner’s initial investments can slowly be recovered. Moreover, aside from deployment of office staff, the CEO believes that diversifying into the blue collar worker market is an opportunity that EMPLOI should explore as there is the huge demand for this type of workers. This paper tak es a look at the operations of EMPLOI, identifies problems and recommends solutions to those problems. Because of her Marketing background, the Admin & Operations Manager is also the Marketing Section Head. She is responsible for the day-to-day operations of EMPLOI as well as prospecting for new clients together with the Business Development Officer. The HR & Admin Section Head is responsible for recruitment of personnel for the company’s manpower pool as well as for deployment to client companies. She is also responsible for internal HR & administrative functions for the EMPLOI office. The Accounting Section Head is responsible for payroll for all deployed personnel as well as the company’s business accounting requirements.

Monday, October 7, 2019

God exists OR God doesn't exist OR We should believe in God OR We Essay

God exists OR God doesn't exist OR We should believe in God OR We shouldn't believe in God - Essay Example The planets, the stars and the suns move in certain direction that their gravitational systems do not collide with each other. In our own solar system, planets revolve around the sun in an orderly and predictable manner which makes us wonder, who created all these things to move in such controlled and orderly manner? If there is no God out there who created the universe and all the creatures that exist on it, then, who created all these things? The universe is so vast and almost impossible to comprehend and it revolves along logical paths that are exact and well defined. Many scientists and scholars suggest that the universe was created through some kind of random engineering design but if we take a close look at the solar system (Peacock, 1999), the planetary system and all of creation, there is nothing random in these things and everything has to be in their right places to achieve balance and harmony. If it was not God who created all the heavenly bodies and set the rules as to how they should move around and produce elements that sustain life, then, who created all these things? If the universe has been created by an accident of nature as some people would like to believe, such accident would have been of phenomenal magnitude that it created order in the universe. Besides, if we go with the idea that the universe and us who live in it, are created by accident of nature, then we are not as special as we are supposed to be. If we do not believe in God, then we do not consider ourselves as made in the image and likeness of God. By believing that we are created by accident is like denying our own divine beginning. On the other hand, by accepting the existence of God, we also accept our divine nature. In arguing against the existence of God, many scientists suggest that at the beginning of time, the chaotic first elements ordered themselves to form a complex system that we now call the universe (Singh,

Sunday, October 6, 2019

Flexibility development in the warehouse planning and design for Essay

Flexibility development in the warehouse planning and design for future - Essay Example Simple data warehousing (long-term storage of detailed data) may be useful for archival purposes to back up ad hoc databases from direct training or training management. However, the requirements of tomorrow's warehousing software involves the active participation of not a large amount of workers, rather a few number of man power is required along with an appropriate qualification and motivation to do the job. Such individuals would be well trained to make the software a success with ease in work. They would be active enough to participate in demand planning to anticipate market demand, supply planning to allocate the right amount of enterprise resources to meet consumer's demand and demand fulfilment to fill customer orders quickly and efficiently. This form of data is of little use for strategic training management. An analogy would be a collection of partially manufactured subassemblies and raw materials that require significant processing in order to become a final product usable by strategic training management. Because of the need to combine data across such categories as schools, time, and budget categories, the amount of disaggregated and descriptive data is likely to cause a scale problem today. By this we mean both the amount of storage space required to hold these data and the amount of time needed to combine and manipulate the data to make them useful for decision-making. This won't happen in future warehousing software. RFID (Radio Frequency Identification) Technology Systems would be involved in warehousing to great extent in the form of transceiver, transponder or in the form of a tag which by using throughout the supply chain, configure-to-order assemblers would closely coordinate the arrival of components for final assembly. Future warehouse management technologies would perform the function of finite scheduling and process sequencing of orders thereby managing all the constraints of the present warehousing that includes insufficient labour, physical space and value added processing. Many formerly custom-programmed features are now built into today's Warehouse Management Systems. Functionality often includes batch picking, zone selection, and velocity analysis as well as Web interface functions, E-commerce applications, inventory visibility productivity metrics, inventory cycle counting, labour management, and the ability to support multiple facilities from a single computer. The concept underlying today's Warehousing System software is to build an end-to-end, process-integrated logistics flow. In addition, there is a higher level of configurability. In the future, Warehousing Management System functionality will continue to broaden. For example, adding postponement and a visual-process modelling tool so that the warehouse management system will respond to change more easily. There will be an increasing focus on dynamic

Saturday, October 5, 2019

The podiatrist has a legal obligation and duty of care to ensure that Essay

The podiatrist has a legal obligation and duty of care to ensure that practice protocols adequately protect themselves and service users from the risk of infection. discuss this statement - Essay Example Globally, infection control is a changing area in medicine and medicinal practices. This is given the advancement in technology, the regulatory changes, and even microbial evolution (Simmers 2004, p. 67). This paper will try and examine some of the guidelines that reflect some of the best practices involved in preventing infection and cross-infection, and how these practices may set the target for infection control in podiatry. In order for the podiatric practice and practitioners to ensure safety among all service users and staff, it is vital for all the involved parties to have infection control principles that guide their everyday operations. These include work practices that have been adopted to achieve a specific level of infection control, which apply to the service users and staff. This is regardless of their perceived level of risk. By ensuring that standard precautions are properly conducted, it should be easier to ensure that all infections and their transmission can be prevented. Some of the standard precautions in the podiatric practice involve; proper hygiene practices, correct aseptic techniques, use of appropriate personal protective equipment, apposite protocols of waste disposal, and proper practices for cleaning and maintenance of the podiatric health center (Simmers 2004, p. 73). In any medical practice, hand washing may be the most crucial and important measure of infection reduction or minimization. The washing of hands must be done by the podiatrist and staff before and after the handling of any patient, or any activity that might increase the chances of risk infection. All hand washing amenities must be present in all consultation areas and these may include; hand basins and apt products that may not affect the outcome of the next patient consultation or meet (Kane, Schiefman & Vickers 1992, p. 37). The technique involved in hand washing also matters significantly, which involves; the duration and the quantity and type of

Friday, October 4, 2019

An Islamic Film Review Movie Example | Topics and Well Written Essays - 1000 words

An Islamic Film - Movie Review Example â€Å"Ae Fond Kiss† is a remarkable film by Ken Loach. The film appeared before its audiences in the year 2004. Being a romantic drama by nature, the film had enough material to glue its audiences to the theatre seats. But the most essential part of the film is its critical reception and volley of controversy, which the story of the film evoked. At the outset, the film, â€Å"Ae Fond Kiss† might suggest about the generation gap where the older generation is unable to comprehend the feelings, sentiments and conventions of the younger generation; but a deeper insight of the film enables its audiences to understand that the director of the film, Ken Loach is actually trying to break many set conventions and stereotypes imposed by the society upon the young minds (Icon Film Distribution Limited, â€Å"Ae Fond Kiss†). Clare Stalder in the seminar paper bearing the title, â€Å"Ken Loach’s Ae Fond Kiss – A Multicultural Romeo and Juliet Story† desc ribes that â€Å"When Ken Loach’s film, Ae Fond Kiss came to the movie theatres in 2004 review announced it as â€Å"a multicultural Romeo and Juliet† story or a â€Å"Romeo and Juliet† like plot. In Clare’s words, â€Å"The motif of a forbidden relationship and tragic, impossible love because the lovers come from a different cultural or family backgrounds is a popular theme that has been entertaining and fascinating readers for centuries† (Stalder 2). But this is not all; there are layers of interpretations when one truly focuses the insight into the multiple dimensions the theme of the film tries to evoke. Behind a forbidden love and hindered union of the couples from different culture, is a strong Islamic faith and fanaticism shown quite a number of times in the film. This essay intends to discuss the various Islamic issues inherent within the community and culture, which gets reflected through the film and gives it a religious dimension as wel l. AE FOND KISS: A FILM WITH RELIGIOUS AND CULTURAL DISCOURSE Ae Fond Kiss is definitely a film that shares multicultural discourse and the issues, which might evolve from a relationship between people from different cultures. But the plot of the film, as framed by Paul Laverty, also presents issues of Islamic society, their perceptions and thought processes, which are integrally related with their customs and religion in the film. It is quite evident that the plot of the film, â€Å"Ae Fond Kiss† presents the religious issues in a very subtle way and the subtlety of the presentation is so intriguing that only through an in-depth focus on the intricacies of the plot would enable its audiences to find out the actual issues from religious paradigm that was developing the conflict inherent within the plot and pushing it to move forward and further. A tight lipped focus on the plot of the film would reveal that the protagonist of the film is a Muslim. Casim Khan is a Glaswegian D J. He is from Pakistani origin and belongs to a Muslim family that is very staunch in the religious matter and is very devout. Casim’s father and mother, Tariq and Sadia have decided to settle off their son and with this vision they have arranged a marriage of their son with his first cousin Jasmine. Casim seems more or less reluctant with the arrangements. He feels this as a conventional part of his life and accepts the marriage. But the twist of the plot appears when Casim, played by Atta Yaqub, meets and falls in head over heels love with Roisin, who works as a part-time music teacher at the school where Casim’s sister studies. Roisin, played by Eva Birthistle, is an Irish catholic. They meet and fall in love and for the celebration of their love, Roisin books a small holiday for the couple, a recluse and a small escape. The real controversy and following conflicts arise within the plot of the film at this juncture. Casim’s parents turn against him and his re lation with Roisin. But it was already decided between them that they would go to any extent for making their relation successful and would wait with all