Estimated monetary value of modifying an existing Assignment

Estimated monetary value of modifying an existing application.contingency and management reserve budget plan - Assignment Example Contingency reserves incorporate the funds that are to handle the observed risks.On the other hand,management reserves are supposed to handle the risks that have not been identified.The contingency reserve is the amount of funds or any other financial resources that is allocated to a project above the amount that was originally designated This is used to reduce the risk of overruns. This also includes the specific amount of time which is quantified in man hours that is allocated above the first and the original version of time that was catering for all activities including overtime. The contingency reserve is determined at the beginning f a project though it is allocated during progress of a project when it is decided that the original allocations might not be fit.In the case of the question at hand, the contingency reserve is the amount above the original allocation. This is the amount that was calculated in the first part of this paper: $13,375. Management reserve budget plan.Manag ement reserve is basically an amount that is set aside for purposes of control of the management. It is different from the amount set aside for the completion of a project.This amount is held for the sake of any work that may additionally sprout out unexpectedly. Such an amount may be the one that can be held due to changes in the rates in the future completion of work.This amount is not used to cater for variation in costs. Setting out of the management reserve has no preset formula and can be a percentage of the actual total budget. Considering that the project at hand includes modification of an existing project, an amount that is not far off from the total labor cost can be set as the management reserve. I would personally set this amount to the one set it at the amount required to fix the software which is $3, 500. Assumptions for the reserves Owing to the fact that implementing and determining the reserve budgets is almost iterative, the ability of specifying the correct amoun t of the management reserve budget is not very clear. Additionally, implementation of budgeting that is probabilistic requires strong assumptions on costs requires very concise assumptions on the elements in the work breakdown structure. Such elements are like correlation and distribution properties. This part of this discussion will look at the various assumptions that have been considered in the determination of the budget reserves. These assumptions will be based on various models as described by various scholars as below. According to Goldberg and Weber (1-7), â€Å"risk analysis and cost management†

Organizational Strategies for Quality Assessment and Improvement Research Paper

Organizational Strategies for Quality Assessment and Improvement - Research Paper Example The availability of equipment will ensure protection of personnel and promote organizational safety culture. The organization system should also avoid blame games and work towards solving problems from where they arise. The idea is for the organization to work as a team through openness and transparency in ensuring a culture of safety. Inclusions of the workers in the safety culture motivate the individuals in contributing to the quality improvement. The model works better for mutual communication between employees and management (Shekelle, Wachter, Pronovost & United States, 2013). Besides, the commitment of the management to ensuring that safety culture is successful, and teamwork motivates other employees in improving the services quality. The leaders’ commitment to achieving the goal of a culture of safety plays a vital role in ensuring the whole program is successful. A paper program without commitment will not lead to improved quality and safety hence there is a need for management to act appropriately. The leaders should play their part through listening and implementing workers contribution towards improving safety. Implementation of the workers idea encourages them to find solutions for any existing problems in the organization including safety. Management can only achieve these safety and quality improvement through communicating to the employees (Longo,

Health Status of the Māori

Health Status of the MÄ ori Introduction MÄ ori are originated and settles from a Polynesia and then arrived in New Zealand with the several waves that called the canoe voyages in between1250 and 1300 CE. Over the period of centuries in the isolation the settlers Polynesian had developed the culture which is unique which became and known as the â€Å"Maori† and with the language of their own, a mythology which is rich performing arts and distinctive crafts. The MÄ ori groups formed tribal groups, this is the early MÄ ori which they performed, it is based on the eastern Polynesian organization and to the social groups. They introduced of using flourished plants as their horticulture and later to that it will be the prominent warrior culture will emerged. But in the arrival of the Europeans in New Zealand in the start of the 17th century they brought a very large change in the Maori in way of living in their lives. The Maori begin to adopt a different many aspects of the western society and the culture. It is a very large agreeable between the relations of the Europeans and MÄ ori, initially which in the year of 1940 the signing of the treaty of Waitangi, this two culture are coexisted and part of the new British colony. In the year 1860 there are some rise of tension over the disrupted land sales that were led to conflicts. Because of the epidemic disease that introduced in a social upheaval a decade of conflicts occur and it took a variety of toll on the MÄ ori population which came to such time a very dramatic decline, but in the 20th century the MÄ ori population begun to recover. The MÄ ori people were also known as themselves by their iwi (tribal). With the tribal groups which means the smaller family or the sub-tribes h apu were properly organized, the men in MÄ ori had a full tattoo in the face (moko), which the identity is reflected as well also the attributes such as bravery status and etc. the woman also have the tattoo but it’s in their lower lips and the chins which is represented both the lineage â€Å"whakapapa† and status. This kind of art in tattoo was very scary which is Tapu, as well as the MÄ ori’s aspect culture such as the building, curving and everything else. The settlements of the MÄ ori people where it is first held were around the harbours or the river mouths were the sea birds and fishes lived abundantly. The MÄ ori people used the both hunting and agriculture to sustain their needs, their biggest source of food was called the moa, this is a very large bird which is a flightless bird that goes how easy for them to hunt and easy target, but unfortunately because of their constant hunt with the bird, they have become extinct due to over hunting. Settlement and Treaty of Waitangi The treaty of Waitangi was originally made for a formal agreement for the British settlement and for the guarantee of the MÄ ori for protection interest; there re representative who signed the agreement one of this are the MÄ ori chiefs and the British crown, this happened back in the year 1840. That time the MÄ ori number was estimated only to 80,000, along with the settlers population of 2000. I signing the Waitangi treaty, it was facilitated by a large scale influx of the British migrants. When the year of 1858 comes there were a decline in the population of the MÄ ori and increase of numbers in settlers approximately 59000 in numbers. The settlers introduced the fire arms and the new infectious disease that cause the major impacts of death among the MÄ ori. The disruption of the MÄ ori’s food, supplies and economic base, social networks was far widespread, this not only occurred in the their land but to the extend to the legislation in many areas including the regulation of right of the MÄ ori and discrimination against the MÄ ori language that used in the school. The primary mechanism of the MÄ ori was the treaty of Waitangi this is to have their very own unique rights as an indigenous people the country of New Zealand. The treaty is intentionally tend to maintain and to protect the well-being of all the citizens and health implication relation to the good government and the notion participation and equity. The treaty of Waitangi was continued along with the growing MÄ ori self-determination. In tie come it has been argued that the continuing of the disparities of health among the non-MÄ ori and MÄ ori represent that the rights of the MÄ ori are not being protected. Maori Health Status In the MÄ ori population after reaching the low point in the year 1896 approximately about 4200, in subsequent years the MÄ ori was begun to increase. The government initiated a MÄ ori controlled health promotion programs and public health services and also they include the appointment of the MÄ ori health inspectors to work just within the MÄ ori communities Health Disparities There had been suggestion in the number of different explanation for the inequalities in the health between the Maori’s and non-Maoris. There is common suggestion which is the race because of the different genetic factors. However there are 85% of variations in genetic that occurs randomly and most of them are not related to race or the ethnicity. Although the genetic factors between MÄ ori and non-MÄ ori may contribute in different status, however in terms of public health they do not play a major role. Between the MÄ ori’s and non-MÄ ori’s in the explanation of the differences in health in nongenetic can be group in 4 major areas which focus on the socioeconomic factors, lifestyle factors, and to the healthcare and lastly the discrimination. Socioeconomic Factors There are number of studies that demonstrate the increase of mortality and morbidity with the increase of deprivation. Just for like an example, there are deprivation in New Zealand index that enables the level of assessment in the area of deprivation with the use of the census data. Furthermore the lower MÄ ori health status can be explained partially to relative socioeconomic disadvantage. It is shown that the MÄ ori mortality rates had been high persistently even though there is the control for the social class Lifestyle Factors One of the life style in MÄ ori that can affect their health is the smoking, and their diet is very excessive they have no control over their daily diet that’s why MÄ ori people are very obese, this are one of the mechanism that may affect their health status, furthermore MÄ ori also abusive in substance like alcohol they are abusive to their own health, however this kind of situation are monitored, there some surveys that shows the difference of health status between the MÄ ori and non-MÄ ori, it’s also shown that Tabaco smoking is one of the high rate for MÄ ori than the non-MÄ ori, this cause that the MÄ ori’s are very prone to hypertension. Access to Health Care In accessing the healthcare between the MÄ ori and non-MÄ ori are tend to have a disadvantages because in accessing to health care, MÄ ori and non-MÄ ori tend to be differ in terms of accessing the health needs both the primary and secondary health care services, and most likely the Maori’s are less referred to a surgical care and other special services, and given the disparities in the mortality. MÄ ori’s are less given the priority and levels in hospital care as well as the quality than the non-MÄ ori. Discrimination For the discrimination, there are certain roles which MÄ ori are also not being advocate by the health care provider. In just for example MÄ ori have asthma and they come to the hospital for treatment in case of entertaining them they are not properly cared and treated unless the asthma is absolutely necessary to be treated. The doctors towards the MÄ ori patients shows that there is a less advocate towards the MÄ ori patients for the preventive measures than the non-MÄ ori patients, unlike for the non-MÄ ori patients they are easily advice for any surgical treatment in terms of their certain disease. Health Environment In the year of 1930’s the healthcare system in New Zealand was created nationally, the medical attention at this year is free and its delivered by the salaried medical practitioners, but in time had passed, the system had been modified to be paid by as a government fee services in subsidy in secondary to care, the primary care is funded largely but also controlled by the individual doctors. Until the year of 1980s the situation remained unchanged. By the year of 1991 there are were a new major series health services were newly initiated including the public hospital which have a particular changes as well as their health services delivered and how the new funding were organized in the provision of the health care that enable the health practitioners to work. Primarily with the MÄ ori’s about their improving access to the health care services were undertaken both of the MÄ ori development of the cultural safety education and for the establishment to the MÄ ori in t heir health care provider services. Maori Health Care Providers In health care provider which is a MÄ ori made a very large role in way of advancing their health promotion and the disease controlled with the MÄ ori communities. This kind of scenario initiates only in the outside mainstream services which was being provided at that time and for this the government and also the funding availability was very vulnerable to change however this kind of matter led to the widening of gap in the inequality, mostly in the determination of health as income, employment, housing and education. There are differences in providing a health care and services from a MÄ ori and non-MÄ ori. Because in MÄ ori health care is they use of their own race to model the health and the promotion of a positive development of a MÄ ori as a primary health services. Maori health care provider also will make the basis on their findings through a cultural process in delivering a contemporary health services that able to support self sufficiency. The MÄ ori health care provider had increase in 1993 to 2004 and this number of MÄ ori health care provider faces a great number of difficulties, just for example a MÄ ori healthcare provider is caring for a patient but there is a lack of obtaining a primary health data, they are limited potential when it comes to provide a care and for some reason the MÄ ori health work force which is a very small organization had been quickly absorbed into a large growing MÄ ori provider organization. Maori Rights The treaty of Waitangi in MÄ ori are observe, there are certain rights of the MÄ ori that are missing, especially in their health services and to their health care provider, even though the children have the same rights with the non-MÄ ori people when it come to school benefits recognition of equity of bought party are not alike. Cultural Safety Education The cultural safety and education provide the history in New Zealand, this provide the information of the treaty of the Waitangi. It is also involve the framework of MÄ ori people and their culture. The nurses and midwifes and doctors as well as the midwives are taught to understand how Maori people are being understand, especially for the students which is in secondary of school are very prone in depression. This is because the MÄ ori’s have very small amount of self-esteem even if they are bullied its shows that they are easily being affected. Genetics and Disease For the genetics the MÄ ori people are originally big people or we could say the term obese and these are one problem that may cause their health and disease, because of excessive weight MÄ ori are prone to hypertension. Genetically MÄ ori’s are tending to have the life expectancy by 60-65; they don’t age to old in numbers because they are prone for depression even in their adolescence life. Study also shows that the indigenous people have the highest mortality rate than the non-indigenous people mostly this is indicated by the disease of end renal stage. Maori people during their mid age in their life are experiencing this disease and there were study shows that there is also an excess comorbidity most particularly in diabetes. Conclusion I therefore to conclude that the indigenous people in New Zealand and they have been evidence the very poor health status. The cultural and safety and for the MÄ ori provider organization for the education have been emerged that is not in isolation but rather than within the level of the government policies and it is shown whether it will be greatly promoted the health status of the indigenous people. I conclude that the MÄ ori people have the less priority when it becomes to the health needs of than the non-MÄ ori. Explanations shows that the lifestyle of MÄ ori are connected to their life expectancy because of their diet pattern which affect their health adding the substance on their lifestyle associated for being alcoholic and smokes tobacco. I here to conclude that the disparities’ in the health between the MÄ ori’s and the non-MÄ ori’s also been evident for all of the colonies in New Zealand, although there are some improvements I the past years which is past 140 years ago, this indicates that the gap in the life expectancy with the group is widened rather than narrowing. This also conclude that the treaty of Waitangi that not all MÄ ori requested to treat as an equity to both MÄ ori and non-MÄ ori are not totally recognized and implemented. http://en.wikipedia.org/wiki/M%C4%81ori_people#Origins http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1470538/

Why Nicholas II Survived the Revolution of 1905 but Not that of 1917 Es

Why Nicholas II Survived the Revolution of 1905 but Not that of 1917 When Father Gapon and his followers marched peacefully on the Winter Palace on 22nd January in what came to be known as Bloody Sunday due to the extreme reaction leading to the massacre of the protestors, it sparked the revolution of 1905, consisting of workers' strikes and protests in addition to terrorising the wealthy and important upper classes. As well as being a response to Bloody Sunday, the 1905 revolution was a result of pent up dissatisfaction with the autocracy in Russia and with the vast social inequality. However, in spite of the unrest within the country, the tsar managed to retain power after this revolution. In 1917, when the people revolted again, he was not so lucky, and the autocracy fell. There are many reasons why the Tsar was able to survive the 1905 revolution, not least of which was the benefit of good ministers to advise him well. Stolypin tried to have a moderating influence on the Tsar and to help him make concessions to the people which would promise to improve their lives enough that the revolution would die down. However, by 1917 both Stolypin and Witte were dead, and the Tsarina Alexandra was in charge of the running of the country due to the Tsar's absence to the front to fight with the army. During the time in which he was away, Alexandra replaced many of Nicholas' ministers with her own personal favourites, most of whom were poorly equipped to hold such influential positions at such an unstable time. Due to this, the Tsar had few capable ministers to advise him through the crisis when revolution broke out and help him emerge unsca... ...es stipulated therein played a large part in his downfall in 1917. The emergence of the free press after 1905 granted the right to express opinions by publication meant that the Tsar was widely criticised to the public for the first time, whereas previously none of his wrong-doings had ever been made known, and he was viewed as ordained by god. Now however the Russians began to see him as fallible and to question his actions, leading to further unrest. Similarly, and perhaps most importantly, the Duma in 1917 provided a viable alternative to the autocracy which had not been present in 1905. Ironically, just as freeing the serfs had led to them wanting more and assassinating Tsar Alexander II, Nicholas' grandfather, so granting the people their Duma in 1905 in part led to the eventual downfall of the Tsar in 1917.

Discuss the Marketing Environment Essay

The Marketing Environment consists of a complex set of interacting forces and influences outside the marketing department of an organization. The Marketing Environment affects the organization’s ability to build and maintain mutually beneficial relationships with its target customers. Through continuous monitoring its Marketing Environment a company must be able to anticipate change and act in a pro active way rather than leaving it to a reactive reaction. It must also keep up to date by realizing any effective changing forces. It does this by monitoring SWOT i.e. Strengths, Weaknesses, Opportunities and Threats. Obviously wanting to maximize on Strengths and Opportunities and eliminate Weaknesses and Threats. Marketers must use marketing intelligence and market research when monitoring the Marketing Environment. The Marketing Environment can be divided into two main categories; the Micro and the Macro Environment. The Micro Environment This can also be divided. Internal Environment and Forces close to the organization. The Internal Environment. This consists of Top Management and Other departments. The Top management is responsible for setting the organizations overall mission, objectives, strategies and policies to guide all the organizations departments and employees. The success of the company is dependant on the competence of the Top managers. Other departments must co-ordinate their efforts as to maximize potential and avoid conflicts. The smoother the departments work together the better the overall outcome is going to be. All employees should realize the importance of being market-orientated and of delivering customer satisfaction. Forces close to the organization. This consists of Competitors, Marketing  Intermediaries, Suppliers of resources, Customers and Publics. Competitors: must offer superior value & satisfaction than their competitors and make it widely known throughout the target market. Companies must make an effort to attract their target customers and retain them by delivering customer satisfaction. These companies must watch their competitors closely as to retain their market share and maybe win some of the competitor’s market share. Marketing Intermediaries: These are firms that assist the company hiring them to promote, sell and distribute its products to target customers. Resellers will help find target customers or sell to them. Transportation firms help companies stock and transport goods. Agencies providing marketing services are marketing research agencies, advertising agencies, and marketing consulting firms. Financial intermediaries are organizations that will sell financial services to companies. Suppliers of resources: A company must be very careful as to watch for any changes (shortages, delays, labour strikes etc) as they are damaging to the companies sales and reputation. The organization is as efficient as its suppliers. Customers: Firstly a company must identify its target market. Then develop the right 4P’s to build long term customer relationships. An organizations target customers may be part of different markets. Consumer markets which are people who buy for personal use, these are called final consumers. Business Markets are companies that buy goods or services in order to use them for production in order to resell at a profit, these are called business customers. Government markets rent goods or services to carry out the main functions of the government. Institutional markets are schools & hospitals that provide goods or services to those in the organization. International markets are any of the customer markets but are situated overseas. Each market has its own particular features. Organizations must study the market/s to which they are selling to so as to understand its/their characteristics; including the way buying decisions are made. Publics: are groups that have an actual or potential interest in or on the companies ability to achieve its objectives. These publics include Media, Financial, Local, Internal, General, Citizen Action, or Government. The Macro Environment The Macro Environment can be considered as forces. These forces can be split into four categories: Demographic forces, Natural forces, Political forces and Social forces. Demographic Forces This is the study of the population. Demographic trends include Growing world population, Ageing population, Increasing Diversity, Changes in family structure, and a more Educated population. Growing world population: The number of needs increases as the population increases. These increased needs backed by purchasing power create market opportunities. These opportunities must be exploited. Ageing population: If the older segment of the population increases opportunities for companies that target this segment of the market. Likewise it creates threats companies that target a young market. These companies can react by offering a product suitable for an older market on top of their original product. Increasing diversity: The nationality and racial make up of the country/ies where they are selling their products should be considered. People’s wants are generally due to their nationality or race. Due to advancements in technology and transportation this has and is likely to continue increasing. Changes in family structure: Nowadays families have gotten smaller. This means that the usual budget for food etc is obviously going to get smaller i.e. with a higher standard of living an increase in purchases of various  products is probable. Women working have also increased so with money in their pocket a new segment of potential customers has been created. There is also a shift in husband and wife roles so now household products should also be aimed at husbands as well as wives. A more educated population: As a result of this the demand for quality products, book, formal clothing etc has increased. Natural Forces These are forces to do with natural resources. These forces can be split into four categories: Raw material shortage, Increased pollution, Increased government intervention and Environmentalism. Raw Material Shortage: Non renewable resources pose a serious threat. Companies face problems such as increasing costs and protests. Some day they’ll have to find substitute materials to use in production. Renewable resources also pose a problem if depletion rate supersedes its renewal rate. Companies using these resources face the same problems. Seemingly infinite resources are being destroyed due to pollution. Companies causing such harm face bad word of mouth and a bad reputation. Increased pollution: This poses a health as well as other threats to the general society. These industries must face bad word of mouth. Increased government intervention: This intervention in resource management varies across countries. Government laws and regulations must be monitored by companies as to not break laws and face consequences. Environmentalism: These cause pressure; sometimes so much that they actually damage a company’s reputation and influence government intervention. Now companies go beyond and develop a plan that is known as an environmentally sustainable strategy and develop ecologically safer products. Political Forces These are forces such as laws, government agencies and pressure groups. These forces vary with country and possibly time. There job is to protect organizations from each other, consumers from organizations and their deceptive practices etc, and society as a whole. Businesses are not only limited by laws and regulations but ethical and social codes are also considered. Most Businesses adopt the Societal Marketing Concept. Economic Forces These are forces that affect consumers’ spending ability and spending patterns. These are split into Changes in Average Income, Changes in Income Distribution, and Changing Consumer Spending Patterns. Changes in Average Income: means that a high average income level by means of a raise can lead to an increase in demand for quality products and a fall for cheaper, more inferior products. Obviously a fall in average income can lead to the opposite. Companies must therefore be very aware of the changing in incomes and adjust to the accordingly. Changes in Income Distribution: The segments are rich, middle income, and low income and people living on welfare. These segments sizes are likely to change over time. Once again the company must be monitoring this to spot changes to identify the trends in its target market/s. Companies can choose to offer two or more variations of their product in order to satisfy all parts of the Income Distribution chain ex. Books. Changing Consumer Spending Patterns: Patterns are changing every day. As income increases products such as food etc are spent on less than housing, transportation etc. This is what help businesses decide on whether to expand in the same line of products or find an alternative line. Cultural Forces Beliefs and values are divided into: core beliefs and values and beliefs  which are difficult to change, and secondary beliefs and values which are easier to change. A company must either find a way of adjusting its product to fit the core beliefs and values or try and change the secondary beliefs through marketing activities etc. These beliefs are mainly attributes of ones society. A person holds views on: 1. her/himself – people buy products that match their personalities. 2. other people – people want to interact with society, therefore there is a demand for  products that improve their relationships with others ex. Clubs etc. 3. various institutions – a positive attitude towards an institution means that people will trust this institution. Companies do this buy adopting the Societal Marketing Concept. 4. his/her society – people prefer buying products made in their own company. 5. the natural environment – if people feel close to nature a demand in products such as health food will increase. i.e. if the company harms the environment this will reflect badly. 6. the universe and spirituality – if religious convictions and practice falls, materialism  takes over. If it doesn’t fall companies promote their products with a spiritual theme. Any organization needs to research such views and adjust each of the 4P’s accordingly. Technological Forces A new technology implies new market opportunities for some organizations and threats for others. Companies once realizing this must keep up to date in order for technology to help them become more efficient, thus making them more successful.

Exploring Section Essay

Abstract Since the Labour Relations Act 66 of 1995 came into effect the South African labour market has undergone numerous changes. Such a consequence is the rise in the number of employees engaged in atypical or non-standard employment. This paper responds in the affirmative to Cheadle’s assertion that the Labour Relations Act 66 of 1995 provides inadequate protection to vulnerable workers such as non-standard employees. I explore the recent attempts to extend the protection of certain labour and social security laws to some categories of non-standard employees and I recognise their shortcomings. I suggest that senior and middle management employees no longer require statutory protection from unfair labour practices as such protection can be attained through contractual means. I propose that there is presently an urgent need to create a statutory arrangement which affords adequate protection to non-standard workers. 1. Introduction The current South African labour legislation is one which affords too much protection to those who do not need it and far too little to those who require it most. In his paper Cheadle explores the consequences of the changes to the labour market since 1994 and recognises that the current conceptual structure has failed to accommodate these changes. The first source for reform is that there is â€Å"a huge protection hole – casual workers are not protected, informal workers are not protected, marginalised workers are not protected. † This results from the changes undergone by the labour market and the fact that the current remedies for unfair labour practices in the Labour Relations Act 66 of 1995 have â€Å"never been subject to careful scrutiny†. The most effective response to this problem is a re-evaluation of the current labour legislation. Cheadle’s main argument is that there is no longer a need to protect the working class against unfair labour practices as they are able to protect themselves through contractual means. I concur with Cheadle’s affirmations and in strengthening my argument I focus firstly on the brief history and development of the concept of an unfair labour practice. Through this exploration I evidence how the lack of proper scrutiny of unfair labour practices has resulted in an ill conceived provision. I argue that the current labour legislation does not extend protection to non-standard workers this based on the fact that protection rarely goes beyond the employment relationship. I further argue that if middle and senior employees can contractually negotiate â€Å"their hours of work and rights to any payment for overtime work† then surely this is possible for purposes of unfair labour practices. 2. Origins of unfair labour practices The first observation made by Cheadle is that the ‘jurisprudence relating to the individual employment relation was fully codified in respect to dismissal but only roughly codified in respect of the residue. † Cheadle questions the lack of scrutiny applied to the definition of section 186(2) and argues that there is a need to revise and reconsider the practicality of unfair labour practices listed in section 186(2) of the LRA. The idea of unfair labour practice was first introduced into the South African labour law by the Industrial Conciliation Amendment Act. Under The Industrial Conciliation Amendment Act unfair labour practice was widely defined follows: â€Å"any labour practice which in the opinion of the industrial court is an unfair labour practice. † This wide definition was a mechanism intended to protect white workers against â€Å"less favourable conditions of employment in the face of an extension to black workers of access to occupations previously reserved for whites. † Because of this wide definition the legislature was obliged to intervene and in 1980 the concept of an unfair labour practice was more comprehensively defined. The protection regarding the right to strike, refusal to negotiate in good faith, selective dismissal or re-employment, and the use of derogatory language were then built in to the jurisprudence. However this was considered a rather strange jurisprudence as it governed both individual employment relationships and collective bargaining relationships. By 1995, in devising the Labour Relations Act, the unfair labour practices were built into the Act by way of the whole portfolio of organisational rights. The LRA was then negotiated and a set of transitional provisions relating to unfair labour practice where deferred until the Basic Conditions of Employment Act would be dealt with. When the time came the drafters failed to incorporate unfair labour practices and it was left as a transitional provision. It was finally incorporated through the 2002 amendments, where as Cheadle states, â€Å"a couple of words were changed† and it now constitutes the body of the statute known as a â€Å"charter for middle and top management. The history of unfair labour practice therefore strengthens the argument for the need to re-view the current legislation and to align it with the protection of vulnerable workers. 3. Regulated flexibility One of the underpinnings of the Labour Relations Act is the concept of regulated flexibility. Cheadle explains that in formulating the LRA the focus was channelled at achieving â€Å"efficiency, productivity and adaptability, but within the parameters or th e limits of protection. This ties in with the concept of labour market flexibility which gives rise to â€Å"new types† of employment which include but not limited to, â€Å"non-permanent employment for instance fixed-term and part-time work, through labours broker, tele-work, seasonal work, student jobs, working from home, self-employment and subcontracted work. † The current position is that there is insufficient statutory protection for workers employed in a typical work. Difficulty is further encountered in that the protection afforded under collective agreements does not extend to these forms of employment. Employers’ attempts to avoid protective labour legislation and restraints of the traditional employment relationship have also contributed to the rise in atypical employment. This constitutes the crux of the discussion in that law reform should rather shift its focus from increasing regulation to the achievement of labour market flexibility in order to adapt to the changing economic environment as well as to extend the protection under labour legislation to marginalised workers. 4. Contract of Employment and the â€Å"protection whole† The contract of employment creates a standard form of employment. It is the source from which protection and social security afforded under South African labour law is derived. According to the definition of employee in the LRA and BCEA this would mean that workers employed in a typical or non standard employment are ultimately excluded from the protection afforded under current labour legislation. Despite the wide definition of employee in that it includes â€Å"any other person who in any manner assists in carrying on or conducting the business of an employee†, non-standard workers such as part-time workers or home workers are still not protected by current labour laws. Cheadle argues that the reason labour law legislation does not extend protection to these non-standard worker is based on the history of labour law and the contract of employment. He makes an interesting argument in that the link to the contact of employment must be severed so as to accommodate any worker who works in a sector irrespective of the existence of a contract of employment. I fail to see the rationale behind this assertion. Cleansing the labour legislation of the employment contract would only open up the flood gates for unwarranted litigation and confusion as this is the only source for structure and order. Rather than tearing down well serving structures law reform should rather work on incorporating protective provisions into the legislative framework. A recommendation made by Mathias Nyenti is that trade unions should become more actively involved in extending protection to non-standard workers. However, trade unions are of two minds, on the one hand there is the need to promote the working conditions of non-standard workers but on the other is the fear that supporting labour flexibility will only increase non-standard employment and potentially corrode their support base. . Anti working class law? The next argument made by Cheadle and perhaps the most controversial is that, it has become unnecessary to protect middle and top management against unfair labour practices. The assertion is that these categories of workers can protect themselves through contractual means or otherwise through the common law. However, I question whether the common law is adequately equipped to deal with fai rness in the workplace? For instance, if an employee is presented with a situation where there is no contractual rrangement in place providing for promotional prospects, such an employee cannot claim that the employer acted unfairly in not promoting that an employee. Cheadle further argues that there â€Å"is no need for the judicial regulation of the selection decisions (hiring, training, promotion) and those aspects of discipline short of dismissal (suspension, demotion and other disciplinary measures). † In his breakdown of statutory unfair labour practice Cheadle first addresses the issue of recruitment and hiring and questions the reasoning behind its exclusion from the list of unfair labour practices. He concludes that the legislation has put mechanisms in place to protect against victimisation, discrimination, and corrupt appointments and those should therefore constitute the parameters in which the legislation should operate. Simply put legislation should not interfere with the operational personnel decisions of the employer. The issue of promotion is an interesting one. Cheadle questions why senior and middle management are given the right to challenge a promotion whereas this has never been a problem for ordinary workers. This mirrors the position in appointment and hiring. Which brings us back to the question–do senior and middle management really need such protection? The next unfair practice is the issue of demotion and I question why such a practice is regulated because as Cheadle asserts one cannot be demoted without their consent. If a worker is given an alternative between demotion and dismissal and the worker refuses to be demoted, that can be challenged under the law of dismissal. â€Å"Cheadle’s argument is therefore not for greater inclusion but rather an acknowledgement of the remedies and relief under existing common law and contract law. 6. Business perspective From a business perspective it is argued that an increase in labour market flexibility will attract foreign investment resulting in high employment levels and the mitigation of poverty. The argument is that over-regulated labour markets tend to have the opposite effect, reducing global engagement and the prospect of employment. â€Å"However, trade unions believe tha t government needs to protect its vulnerable workers against exploitation if it is to achieve its social transformation objectives. † 7. Conclusion The recent changes in the labour market have thrown vulnerable workers in a â€Å"protection hole† and the current labour legislation unfortunately fails to remedy this position. The bottom-line is that labour reform should be focused on protecting those employees who need protection the most such as workers in atypical employment. There is a great need not only for legislative reform but also reform of the institutions which implement the legislation such as the Commission for Conciliation, Mediation and Arbitration. While I am in agreement with Cheadle’s assertions on the most part, the suggestion that the employment contract should be done away with is a highly controversial and one which I do not agree with. One provision which should be reviewed or even removed however is one which offers unwarranted protection to senior and middle employees who are able to protect themselves through contractual means. Section 186 no longer has a place in the legislative framework and should either be re-evaluated to include vulnerable workers or removed in its entirety. Bibliography Books Van Jaarsveld et al 2001 LAWSA 8