Saturday, January 25, 2020

Whistle Blowing

Whistle Blowing We live in a complicated society. Every decision that we make is based upon our health, safety, economic and human rights. At times the decisions made are by the corrupt, incompetent and lazy, which leads to the compromise of the ethical standards of our society. Accidents happen or corruption flourishes because of employees who know about the wrong doings but are afraid of losing their jobs. In the modern society, the importance of whistle blowing is increasingly being recognized as a measure to reduce corruption and avoid dangerous situations by encouraging the disclosure of unethical, illegal or prohibited activities performed by private institutions or the government. It also helps to improve the inter-organizational culture and helps improve internal management and efficiency. Definition Whistle blowing is a process by which a person claims an occurrence of wrongdoing in or by an organization. Usually the person belongs to the organization and is at a personal risk himself. The allegations made may be internal (to people within the organization e.g. colleagues, subordinates etc.) or external (to people outside the organization e.g. law enforcement agencies, media, regulators etc.). U.S academics Marcia P.Miceli and Janet P.Near set the academic standard for whistleblowing in 1982 as Disclosure of organizations members (former or current) disclosure of illegal, immoral or illegitimate practices under the control of their employees to persons or organizations that may be able to effect action. They have defined whistle blowing as a four step process: A triggering event occurs involving questionable, unethical or illegal activities, and this leads to an employee to consider blowing the whistle. The employee engages in decision making, assessing the activity and whether it involves wrong doing, gathering additional information, and discussing situation with others. The employee exercises voice by blowing the whistle; alternatively the employee could leave the organization, or remain silent out of loyalty or neglect. The organizational members react to, and possibly retaliate against the whistleblower. Common Reactions Around the globe, whistle blowers have been hailed as heroes or selfless martyrs for revealing fraud and corruption in organizations and preventing potential disasters. They may relate to the cover up harmful diseases like SARS in China to the revealing of theft of millions of dollars of public money in Kenya. However, in many cases whistleblowers face severe ramifications for their actions. They end up losing their jobs and being ostracized for their activities. Some may be charged with violation of employee contracts and the dangers might be physical at extreme. It is therefore probable that a lot of people refrain from blowing the whistle due to the fear of retaliation or damaging relationships at work or private life. Utility of Whistle blowing Information revealed by whistleblowers is usually highly critical for the society. In China, Dr Jiang Yanyong possibly saved a million lives by revealing the extent to which the SARS virus had spread even though he was ordered by the authorities not to. In the corporate world, Sherron Watkins of Enron blew the whistle over the financial problems of the company internally which eventually led to the exposure of the scam and the arrest of the top officials. Whistle blowing is also important for improving the internal efficiency of the organization since the employees are the first to know about the problems and early disclosure can lead to remedy of the problem sooner. A 2002 study by KPMG found that around 25 percent of problems reported in an company in Australia was by whistleblowers while the same statistic was 44 percent in Africa. The essence of whistleblowing lies in the fact that staff are able to by-pass the line of their superiors since at times that might be the area where the problem arises and hence they are able to go outside in case they believe that the whole organization is in an improper course. Effective whistleblowing is therefore a necessity for a healthy organizational culture, good governance. Successful whistle blowing is when concerns inside the organization could be raised with confidence, properly investigated and addressed when necessary. Barriers to whistle blowing 1. Fear of retaliation One of the largest barriers in todays organizations against whistle blowing is retaliation against the disclosure. Retaliation can vary from minor harassment in certain cases to the extremity of costing ones life. In a typical case, the employee who blows the whistle would be put under pressure to rescind his words and refrain from further disclosures. Some of the common practices of retaliation are : Marginalise the employee by taking away the job duties. Blacklist the employee so that he cant gain further employment. Conduct retaliatory investigations in order to divert attention from the matter and abuse the whistleblower. Question whistle blowers professional competence, honesty and mental health. Reassign the employee so that he/she is unable to do the job At times, retaliation becomes extreme as Satyendra Dubey was murdered after he revealed corruption on a road project. 2. Legal liability There are significant legal barriers to whistle blowing in several countries. At times there are no significant laws or acts for whistle blowing(e.g. India). These include the traditional laws to respect the employer, act in his best interests etc. There may also be secret laws in institutions to punish whistle blowers and deter further whistle blowing. a. Duty of loyalty and confidentiality Many countries in Asia have is the duty of loyalty and fidelity to the employer. This usually deters an employee from expressing personal opinion or revealing internal information. The Indian Law Reform Commission has recently recognized that while a public servant might be subject to the duty of confidentiality, it doesnt extend to remain silent regarding the corrupt activities of other public servants. The public interest is better served if maladministration and corruption are exposed. b. Secret Acts In most common wealth countries the state has criminal laws prohibiting the release of military and state laws by officials and outsiders. e.g. Pakistan Officials Secret Acts, 1923 makes illegal the disclosure of any information that has been entrusted to him by confidence by any person holding office or to which he has access due the position he holds. These laws thus generate a significant barrier to anti corruption efforts and genrally prohibit disclosure of information without permisiion. In Malaysia, the opposition leader Mohd Ezan Mohd Noor was prosecuted in 2000 under the OSA for releasing police reports of corruption by high level government officials. In London, a whistle blower who revealed that the London police force had released incorrect statements regarding the shooting of an innocent man was also arrested. These laws are also used in political cases. c. Libel In many countries, defamation and libel laws are used to deter the whistle blowers. Power figures and senior officials use their power to threaten the whistle blowers as they can use the court systems to their advantage. In Singapore, National Kidney Foundation suppressed the whistle blowers from revealing wastage of money on first class tickets, excessive salaries etc by using defamation laws and forced apologies. Finally when a major media company refused to bow down, the story was fully disclosed. d. Other Laws There also exists a possibility of criminal or civil charges under laws such as trade secrets or theft. In some countries companies also require that workers sign confidentiality clauses. In Australia, an American who doubted the safety of the new Airbus 380 is facing criminal and civil charges by his ex employer after going public with the potential design flaws. 3. Cultural Barriers There are at times significant cultural barriers to whistle blowers which see whistle blowers as dobbers, sneaks or narks. Some of this comes from the abuses to informants historically. In Nazi occupied regimes, the Soviet Union, Aparthied- era South Africa, informants and anonymous denunciations were often used for maintain power. The organization culture is also equally important. The disclosure of information to outsiders can feel like a betrayal and hence whistle blowers often feel social sanctions for their disclosures. At times, even though formal laws are absent, being shunned or being side lined in the organization can place certain amount of pressure on individuals. Whistleblowers Laws and Protection Initiatives All the countries do not have a legal protection act for the whistleblowers. Legal protection for whistleblowers mostly differs on the basis of the country, state in which malpractice occurred and also the subject matter of whistleblowing. The first law that protected whistle blowers was the US Lloyd-La Follette Act of 1912. It guaranteed the right of federal employees to furnish information to Congress. According to the Act, the causes that encourage the efficiency in the service are defined as the just causes. It goes on to say that the right of employees to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied. The U.S. Whistleblowers Protect Act of 1989 (amended in 1994) was established to protect public interest disclosures which were made by federal employees. For aiding whistleblowers in the investigation and to prevent retaliatory action against them, an Office of Special Counsel (OSC) was created. But it was not very successful because of a series of hostile judicial rulings which undercut the protection that was afforded by the Act. A similar or even stronger legislation has been passed by more than 40 states in respect of State employees. The U.S. Congress passed the Sarbanes-Oxley Act of 2002 in the aftermath of the debacle of Enron and WorldCom which provided for granting sweeping legal protection for whistleblowers in publicly traded companies. Any retaliation against a corporate whistleblower can now lead to imprisonment for up to 10 years. The Department of Labour (DoL) must complete its adjudication of cases relating to whistleblowers within 180 days. If not then whistleblower has following options he may opt to remain with DoL or ask for ade novotrial in court. Following are the remedies reinstatement, damages for compensation, pay back with interest, fees for attorney, special damages and costs. The U.K.s Public Interest Disclosure Act of 1998 is a one of its kind piece of legislation in the sense that it provides protection to employees in the public, private and non-profit sectors, which includes those working outside the U.K. It provides a framework of legal protection for individuals who disclose information so as to expose malpractice and matters of similar concern. It protects whistleblowers from persecution and dismissal. Under the law, employment tribunals have power to `freeze a dismissal and make unlimited compensation awards. The U.K. example has been followed by South Africa to provide protection to employees of all organisations through its Protected Disclosures Act of 2000. Other countries like Australia, South Korea, Canada, Argentina, Slovakia, Russia, Mexico and Nigeria have enacted or are in the process to enact whistleblowers protection legislation (but only to government employees). United Nations Convention against Corruption (2005) The most significant international instrument on whistleblowing is the United Nations Convention Against Corruption. Work on the Convention began in December 2000 and the final version was approved by the General Assembly in October 2003. It was adopted in December 2005 after it was ratified by 30 countries. As of now, it has been signed by 140 countries and ratified by 47. Article 32 on the Protection of witness, experts and victims provides for protections of witnesses and experts and their relatives from retaliation including limits on disclosure of their identities. More fundamentally, Article 33 on Protection of reporting persons envisions countries adopting protections for reporting of corruption by any person. The UN Office on Drugs and Crimes Anti-Corruption Toolkit notes that Article 3 is advancement on previous agreements such as the 2000 Convention against Transnational Organized Crime which only protects witnesses and experts. The Toolkit extensively covers whistleblowing and recommends legal and administrative measures for reporting and protection including compensation, creation of ombudsman institutions to receive complaints, the creation of hotlines, and limits on libel and confidentiality agreements. To date, only a few of the countries that have ratified the treaty have adopted comprehensive whistleblower laws and another dozen have adopted limited provisions. UN Special Rapporteur on Freedom of Opinion and Expression The Un Special Rapporteur has also recognized that whistleblowing is an important aspect of freedom of expression. In 2000, Abid Hussain criticized the use of state security and other laws against individuals disclosing information in the public interest. In December 2004, UN Rapporteus Ambeyi Ligabo joined with the Special Representatives on freedom of expression and the media from the OAS and OSCE in a statement on free expression calling for national governments to adopt better protections Whistleblowers releasing information on violations of the law, on wrongdoing by public bodies, on a serious threat to health, safety or the environment, or on a breach of human rights or humanitarian law should be protected against legal, administrative or employed-related sanctions if they act in good faith. Protecting Whistleblowers in India There are no legislations in India to protect whistleblowers here. There have increasingly been the cases of corporate or political scams and which have cost taxpayers heavily including the banks and investors to the amount of thousands of crores of rupees. A Whistleblowers Protection Act is more important for India than it was for the U.S. and the U.K. It can be a strong tool for ensuring good governance in the country if worked in congruence with the Freedom of Information Act. At this moment we are in dire need of public interest groups like the ones on the lines of Government Accountability Project and the National Whistleblower Centre in the U.S., and the Public Concern At Work in the U.K. These will help in safeguarding the rights of whistleblowers rights and defend the employees against any retaliation. In the act of protecting whistleblowers, we are maybe unknowingly also protecting ourselves. In the case of legal protection also many employees might feel hesitant to, but the very existence of whistleblowers will discourage government and corporate wrongdoings to a considerable event. Based on the experiences of other countries the following set of general principles could usefully be the guidelines for the effective Indian legislation regarding the subject: With the consent of the State governments, Parliament should try and enact a single Act for all employees who work in any tier of government. This shall also include employees working in any organisation be it the private or voluntary sector. It shall also include employees of contractors, sub-contractors and agents of an organisation; former employees and overseas employees; applicants for employment, auditors and attorneys should also be covered. The Official Secrets Act should be outlawed. This will provide for a public interest defence. Also the `gagging clauses in severance or employment contracts should be nullified for public interest disclosures. It makes no sense to ask if the Acts protection should include members of such organizations as the armed forces, the police and the secret services. But it must be made sure of that the disclosures shall not harm operations or endanger the lives of the concerned personnel. Unless the Contempt of Courts Act is first amended to provide for a public interest defence, the judiciary shall remain outside its purview. The whistleblowers information about a malpractice must be substantially true, and consequently the whistleblower must act in the good faith and true spirit. In the case of the calls that are not legitimate or are anonymous the whistleblower should not be provided protection with. The period given to file a complaint must be such long so as to provide him sufficient time (say, 1 year). There should be a clear definition of what constitutes public interest disclosures. Following can be the disclosures to which protection can be provided illegal or criminal act(s), breach of regulatory law, miscarriage of justice, danger to public health or safety or property and any damage to environment, including attempts which are intended to cover up these malpractices. The Act must be constituted in such a way so as to encourage employees to first raise the matter within the organization and mandate organisations to establish proper mechanisms for this purpose. When it is not reasonable to raise the matter within the organization, or where attempts to solve the matter from within have been unsuccessful, employees who make an external disclosure in a specified way should also be protected. It remain a matter of debate that what should be the specified way. By general wisdom, apart from certain designated offices which may include SEBI, Pollution Control Boards, etc., public interest disclosures to such personalities as MPs and MLAs; employee unions; and reputed public interest groups must be protected. Disclosures made to the media may also be protected in some cases but in such a case the whistleblower must carry the burden of proof. The protection should include any and all forms of retaliation and the possible solutions could be on the same lines as in the Sarbanes-Oxley Act, including criminal liability for retaliation. To carry out timely adjudication of cases there should be a fast track mechanism similar to that of the Sarbanes-Oxley Act. Decisions have to be made on the points that whether the existing Administrative and other tribunals should be strengthened to do the job or new agencies should be created. Some Famous Cases of Whistleblowing Sherron Watkins, an accountant in Enron blew the whistle for the company. She raised suspicions of accounting improprieties to Enron Chairman, Kenneth Lay. She also warned about Jeffrey Skilling (Chief Executive Oficeer), Fastow (Chief Financial Officer) and other executives who were duping the company. The Chairman just asked an outside law firm, to investigate about it. Before Enron finally declared bankruptcy, Watkins once again informed the chairman that the financial partnerships set up by the huge Houston energy company would prove disastrous and potentially destroy Enron. Coleen Rowley, a special agent with FBI, initially served in the Omaha, Nebraska and Jackson, Mississippi Divisions. After the 2001 attacks, Rowley wrote a paper to FBI Director, Robert Mueller, explaining that the FBI HQ personnel in Washington DC had ignored the warnings given by Minneapolis, Minnesota Field Office. In May of 2002, Rowley brought some of the pre 9-11 lapses to light and testified to the Senate Judiciary Committee about some of the endemic problems faced by FBI and the intelligence community. As a result, the FBI cleared a new Office of Intelligence and expanded the FBI personnel. Frank Serpico is yet another whistleblower. He joined the New York Police Department (NYPD) as a Probationary Officer in the year 1959. In 1967, Frank made his first formal report about the widespread, systematic police corruption, but the police department failed to do anything about it. He gave a complaint to the police Commissioner and the Mayor, but they ignored him. Frustrated, Serpico exposed the NYPD wrongdoings in The New York Times in 1971. Later, he was shot in the face during a raid. None of his colleagues came to help him. Later, Frank was promoted to the rank of detective and was given a gold shield. In May 1972, Frank was awarded the NYPDs Medal of Honor for his honesty and bravery in fighting corruption. Serpico quit NYPD in 1972. Jeffrey Wignand, Vice-President for tobacco research and development at Brown Williamson became the whistleblower on Bg Tobacco, telling how the industry minimized tobaccos health and safety issues. In a 1995 CBS news interview, 60 minutes, he went on speaking about the companys knowledge of nicotines addictive properties, its reckless use of harmless additives, its quashing of research on safe cigarettes, and a variety of other abuses. He was the center witness in the US governments lawsuit against the tobacco industry, which eventually led to the $246bn federal tobacco settlement. Later, Wignand formed a non-profit organization to educate children about health issues and reduce the usage of tobacco among teenagers. Examples of Whistle blowing from India Satyendra Dubey Talk of whistle blowing in the Indian context and one of the first cases that comes to the mind is that of NHAI engineer Satyendra Dubey. Satyendra Dubey, was one of those rare young men who was completely and uncomplicatedly honest. An engineer from Indian Institute of Technology, Kanpur and working for National Highway Authority of India, Satyendra Dubey was supervising construction of the Prime Ministers dream project in the Koderma division in Jharkhand as a part of the Golden Quadrilateral project. In August 2003 he was transferred to Gaya. At Gaya, he exposed large-scale flouting of NHAI rules regarding sub-contracting and quality control. Meanwhile, faced with the possibility of high-level corruption within the NHAI, Dubey wrote directly to the Prime Minister, Atal Bihari Vajpayee, detailing the financial and contractual irregularities in the project. Despite a direct request that his identity be kept secret and despite the letters sensitive content, accusing some of Dubeys su periors, the letter along with bio-data was forwarded immediately to the Ministry of Road Transport and Highways. Dubey faced several threats following this. On November 27, 2003, Dubey was found shot dead in the suburb of A.P. Colony in Gaya while he was returning from a wedding from Varanasi. Satyendra Dubeys death sparked off widespread public protest and highlighted the need and urgency of a whistleblowing act. It exposed the high levels of unethical practices being practiced in the uppermost echelons of the ministries and the unholy nexus with the mafia. Shanmugam Manjunath Another glaring example of the apathy faced by the whistle blowers in India is that of the Indian Oil engineer Shanmugam Manjunath. Manjunath was a marketing manager for the Indian Oil Corporation (IOC) who was murdered for blewing the whistle on a scheme to sell impure gasoline. An MBA from Indian Institute of Management, Lucknow, Manjunath worked for IOC in Lucknow. While there, he had ordered two petrol pumps at Lakhimpur Kheri to be sealed for selling adulterated fuel for three months. On November 19, 2005, Manjunath was found dead in the backseat of his own car, his body riddled with at least six bullets. M N Vijaykumar M N Vijaykumar is an IAS officer in the southern state of Karnataka. He has a penchant for disciplining colleagues who supplement their modest salaries with bribes, kickbacks and garden-variety pilferage. He exposed serious corrupt practices at high levels. His wife, J N Jayashree, set up a website detailing her husbands efforts to fight corruption, and to safeguard her husbands life. Other Examples of Whistle blowing from Asia Yoichi Mizutani blew the whistle on a scam by Snow Brand Food Co. in 2002 while working as the president of a Japanese storage company named Nishinomiya Reizo. Snow had been mislabelling Australian beef as domestic beef so that it could benefit from the beef buy-back program of the government which was issued after an outbreak of bovine spongiform encephalopathy (mad cow disease) in Japan. Mizutanis reward was an order from the Construction Transport Ministry company to suspend operations a suspension that lasted 16 months during investigation of the scam. Nishinomiya was eventually cleared of participation in Snows scheme. Myron A. Mehlman was the former director of toxicology and manager of Mobil Oils Environmental Health and Science Laboratories. He claimed that Mobil incorrectly reported results of his toxicological testing of Mobil products to company officials and outside agencies. Mehlman held his position from 1978 until he was fired in 1989. He supervised about 100 employees in conducting tests and safety evaluations of Mobils petrochemical products, including gasoline. Mehlman had warned that the true benzene levels in gasoline and other Mobil products posed a serious hazard to the public health and environment and that they should be reduced and that Mobil products should be modified. After his firing, Mehlman successfully sued Mobil charging that the company systematically covered up environmental and human health problems. Sibel Deniz Edmonds is a Turkish-American. She had worked as a FBI translator and founder of the National Security Whistleblowers Coalition (NSWBC). In March, 2002, she had accused a colleague of covering up illicit activity involving foreign nationals and also alleged that there were serious acts of security breaches, cover-ups, and intentional blocking of intelligence which according to her were a danger to the United States security. Following this she was fired from her position as a specialist of language at the FBIs Washington Field Office. Since that time, court proceedings on her whistleblower claims have been blocked by the assertion of State Secrets Privilege. On March 29, 2006, she was awarded the PEN/Newmans Own First Amendment Award in recognition of her defense of free speech as it applies to the written word. Marlene Garcia-Esperat (August 29, 1959 March 24, 2005 in Tacurong City, Sultan Kudarat, Philippines) was a Filipina whistleblower and investigative journalist who wrote a weekly anti-graft column for local newspapers. As a result of her anti-corruption work, she was murdered in her own home. Her case is significant, as it is the first in the 56 murders of Filipino journalists since 1986 for which the people ultimately responsible were identified, in addition to the people directly involved. Esperat, as former employee of the Department of Agriculture in Central Mindanao (DA-12) and Midland Review, Tacurong City columnist, exposed the alleged Jocelyn Jocjoc Bolante fertilizer funds scam, in which President Gloria Macapagal-Arroyo was implicated. Dr. Ramin Pourandarjani (9 June 1983 10 November 2009) was an Iranian physician who examined prisoners who were wounded or killed during the 2009 Iranian elections protests. He had reported on the state use of tortureon political prisoners. He died under suspicious circumstances on November 10, 2009, at the age of 26. Tehrans public prosecutor Abbas Dowlatabadi said Ramin Pourandarjani died of poisoning from a delivery salad laced with an overdose of blood pressure medication. The findings fueled opposition fears that he was killed because of what he knew. Pourandarjani had worked as a physician at the Kahrizak detention center. Iranian authorities earlier had claimed at various points that Pourandarjani had been injured in a car accident, committed suicide, or died of a heart attack in his sleep at the health center at the police headquarters in Tehran where he worked. The Future of Whistleblowing The following are some of the principles for whistleblowing legislation based on international best practice that should be considered when developing new legislation. The work of the OAS Working Group is also a valuable resource including the Model Law on whistleblowing developed a few years ago: Broad Coverage The law should have a broad coverage. It should apply to public and private sector employees and also those who may face retribution outside the employer-employee relationship such as consultants, former employees, temporary workers, students, benefit seekers, family members and others. It should also apply to national security cases. Protection against retribution The law should have a broad definition of retribution that covers all types of job sanctions, harassment, loss of status or benefits, and other detriments. Employees should be also to seek interim relief to return to the job while the case is pending or be allowed to seek transfers to other equivalent jobs within the organization if return to the existing one is not advisable due to possible retribution. Protection of free speech The law should recognize that there is a significant importance in free speech whistleblowing. Public interest and harm tests should be applied to each release of any information that could have been released under FOI cannot be sanctioned. Confidentiality The law should allow for whistleblowers to request that their identity should remain confidential as far as possible. However, the body should make the person aware of the problems with confidentiality and also make clear that the protection is not absolute. Waiver of liability Any act of public disclosure should be made immune for liability under other acts such as Official Secrets and libel/slander laws. An even more significant move would be to eliminate archaic Official Secrets Acts such as already has been done in New Zealand. Compensation Compensation should be broadly defined to cover all losses and place the person back at their previous situation. This should include any loss of earnings and further earnings. This loss should not be capped. There should also be provisions to pay for pain and suffering incurred because of the release and any retaliation. Rewards In some cases, whistleblowers should be rewarded for making disclosures that result in important recovery of funds or discoveries of wrongdoing. Qui Tam cases, such as have been used in the US, may be an appropriate mechanism for recoveries. Disclosure Procedures The law should set up reasonable procedures to encourage and facilitate internal procedures to disclosure wrongdoing. However, the procedures should be straightforward and easily allow for disclose outside organizations to higher bodies, legislators and the media in cases where it is likely that the internal procedure would be ineffective. There should be easy access to legal advice to facilitate disclosures and reduce misunderstandings. No sanctions for misguided or false reporting The law should not allow for criminal sanctions against whistle blowers who make false disclosures. The disclosure might have been made in good faith. In case of delibarate falsehood, normal sanctions such as a loss of job should be sufficient. Extensive training and publication The

Friday, January 17, 2020

Management and Organizational Bahaviour Essay

Q.No.1.â€Å"The major challenge Management faces today is living in a world of turbulence and uncertainitywhere new competitions arrive daily and competitive conditions change.† Explain with an example of any one product or service in the market . Validate your answer with research findings /stastical data . What measures can be taken to meet these challenges? Ans 1.A Challenge of Change The organizations and the individuals working in the organizations have a great challenge to deal with the change. The principle of dynamism and the theory of ‘Ignore and Perish, Change and Cherish’ have come to stay and the organizations have to respond positively to the changing environment. The challenge of change demands that the organizations become more transparent and open and the employees are given more autonomy. The institutions have to more concentrate on the quality of its people than product. The wind of change is affecting the organizations all over,from north to south and from east to west. Managers must create a new organizational space where those (new) capabilities can be developed. There are three possible ways to do that. Managers can * create new organizational structures within corporate boundaries in which new processes can be developed, * spin out an independent organization from the existing organization and develop within it the new processes and values required to solve the new problem, * acquire a different organization whose processes and values closely match the requirements of the new task’ * Business Process Outsourcing is further going to gain importance and the various processes in the production are going to be narrowed down into various parts. * The experiences of mergers and acquisitions could be followed for better presence in the market. Example:Changing market scenario : Medical Devices Industry Medical device market is quite diverse which includes medical and diagnostic equipment; medical implants like heart valve and cardiac stents, pacemakers, cannulae, knee joints; and lower end plastic disposables, blood bags, IV sets, syringes etc.. Even within the same group of implants, there are diverse products which may have hardly anything in common: for examples, Intra-ocular lens and knee joints. According to one source, in 2012, the Indian medical devices and diagnostics market has been estimated to have reached Rs. 139bn ,that had potential to grow at a CAGR of 23.2 percent over the period 2009-13. It has been estimated the market will grow by an average of 15.6 row percent over the next few years, to around USD 4.8bn by 2015 . Increasing physicians’ awareness and increasing patients’ requirement to avail high quality care are amongst the driving force for such a growth rate. Figure: Indian medical devices market size and forecast (09-13) (USD mn) Source: KPMG-CII In India, there are around 700 medical device makers; however, major players remain the foreign companies. Few major players in medical devices industry include: B. Braun Medical(I)Pvt. Ltd; BL Life sciences Ltd; 8.3 Baxter India; Bayer Diagnostics India Ltd; Godrej Industries Ltd;Johnson & Johnson Medical India (JJMI) Ltd; Nicholas Piramal India Ltd; Opto Circuits (I) Limited; Philips Electronics India Ltd (Medical Systems Division); Roche Diagnostics India; Siemens India Ltd; Span Diagnostics Ltd; Trivitron Medical Systems; Wipro Biomed Ltd; Wipro GE Medical Systems. Coping with the Change * To constantly train people in new technology, new business practices and new paradigms. * Synergize organizational objectives with individual aspirations * Training Managers at all levels both in behavioral field as well as technical field as people are not going to be sitting face to face but will be connected mouse to mouse. * As the consumers are becoming more aware, the organizations have to train their employees for better customer relationship management (CRM). The individuals who are able to learn new competencies quickly are going to be valued more in this fast changing environment. Fundamentally, all organizations – from the military to schools to hospitals to private enterprises – need to dramatically increase the pace of change if they are going to thrive. * The organizations have to create an atmosphere where the employees from bottom level to the top level have a positive attitude towards change. * ‘Particular attention needs to be paid to young employees. They are a company’s long term investment. The contribution they make is dependent on how quickly they commit themselves to their work, and what they do about it’ . Three things can be said about change in today’s intense competitive environment: it’s hard, it’s necessary, and most people are bound to resist it. The question for leaders, then, is what actually makes change happen? Change is sensed as one of the most dynamic activity. It is more important to think about our roles in the changing environment rather than concentrating on what makes change happen. The fashion changes, individuals change, ‘only foolish and dead never change their opinion’ – so the opinions change, demands change, needs change and so does the market, trade and business and further so does our attitude change. â€Å"executives are recognizing that their most important need is to have ma nagers who deal with change and complexity by growing and by developing their capacities.† A Note for the Future Present organizational structure of course it has changed from what it was before 10 years but in coming few years it is further going to change. ‘As far as the interface of technology and business goes, it’s easy to predict what the characteristics of the next big thing will be; transparency, egalitarianism, immediacy, convenience, and economy. Nor is it difficult to hazard a guess on where its utility will be felt most; the way we work, the way we live; the way we interact; and the way in which we address larger problems related to the environment’. The future of work and the future of business is going to be decided by the methods and approaches followed by the organizations to face the challenge of change. The way the industry has reacted to the waves of change, we can expect that there is going to be better management of people and the human factor is going to be the most important factor in the coming days. The existence of knowledge society would certainly provide better outlook and perspective for thinking but the need is to be more cautious and more judicious in decision making for deciding the future course of action Q.No.3How can a leader transform potential into reality? What type of leadership is best suited in service providing units like healthcare centers? Give reasons for your choice. Ans.3. Introduction A leader is an individual who is able to demonstrate a specific set of roles, behaviours to influence the attitudes and behaviours of others. It is usually a group phenomenon. Two specific aspects of being a leader are: 1. The individual attributes or styles needed to be an effective leader. 2. The organizational skills required to manage the process of change Keys to Effective leadership Trust and confidence in top leadership was the single most reliable predictor of employee satisfaction in an organization. Effective communication by leadership in three critical areas was the key to winning organizational trust and confidence: 1. Helping employees understand the company’s overall business strategy. 2. Helping employees understand how they contribute to achieving key business objectives. 3. Sharing information with employees on both how the company is doing and how an employee’s own division is doing — relative to strategic business objectives. Turning potential into Reality : the Leadership challenge The leader must analyse the following issues while framing a vision of growth of organization: 1. Recognize the capabilities of the organization 2. Recognize the decisions that need to be made and the changes that must occur 3. Recognize the importance of people in achieving the vision 4. Recognize your needs in relation to the larger organization These four issues align with four phases for achieving the vision: Phase 1: Analyze your organization Phase 2: Develop your organization Phase 3: Value and develop your people Phase 4: Maintain and develop your sphere of influence Leadership Styles Leadership style is the way in which a leader accomplishes his purposes. It can have profound effects on an organization and its staff members, and can determine whether the organization is effective or not. Leadership style depends on the leader’s and organization’s conception of what leadership is, and on the leader’s choice of leadership methods. Depending how those fit together, a leader might adopt one of a variety styles, each reflected in the way the organization operates and the way its staff members relate to one another. * Autocratic – totally in control, making all decisions himself * Managerial – concerned with the smooth operation, rather than the goals and effectiveness, of the organization * Democratic – consulting with others, encouraging equality within the organization, but making final decisions herself * Collaborative – sharing leadership, involving others in all major decisions, spreading ownership of the organization. Other viewpoints of leadership styles are: * Transactional or autocratic (Burns, 1978). This might have been called in the past the ‘top down approach’ or autocratic leadership.* Transformational/interactional (Burns, 1978). Transformational leadership is aligned to democratic forms of leadership. It is a leadership style based upon embracing change and encouraging innovation. * Renaissance or modern (Cook, 1999 Renaissance leadership requires the effective use of power, influence and the ability to network to ensure key decision makers support changes. * Connective. There are similarities between both transformational and renaissance styles (Ewens, 2002) although this type of leadership is less likely to delegate in a way that empowers the workforce. The focus is that of building collaborative structures and networks to effect change 2. Defining the task: Focus on an objective that is SMART (specific, measurable, achievable, realistic and timely). Adaptive leadership for health care sector A new kind of leadership is needed for health care. It is both figuring out why the current approaches aren’t sufficient and surfacing how the forces at play in the system allow incremental efforts or the status quo to carry the day. It takes courage to identify the tough issues and create change, even when you are uncertain about the outcome. The adaptive nature of the challenges in health care demands that people see themselves as orchestrating conflict rather than resolving it, holding the attention of others to the harder issues rather than taking the burden off of their shoulders, confronting dearly-held legacy behaviors that prevent deep change from taking root rather than tolerating them, identifying and then letting go of values and behaviors that are getting in the way, and making your own adaptations. Currently Practiced Currently Needed Rely on tradition and past approaches Launch many experiments & identify emerging solutions Implement Best Practice Create â€Å"Next Practice†Overcoming Competing Commitments For people in senior authority, this type of leadership is different than what people expect You can develop these skills and apply them to a variety of adaptive challenges. Adaptation is more than surviving; it is about mobilizing people and creating environments that are more robust and resilient, environments for people to thrive. With the right focus, you can engage people in adaptive work and nurture the new DNA that will promote wellness and healing that brings your organization into the future Q.No.5. What are the indicators which tell you about the HRD climate in a healthcare centre? Ans 5. HRD stands for Human Resources Development in a business or an organization. Climate meant the atmosphere in the company, especially a supportive atmosphere that allows staff members to develop their skills for the benefit of the company. Management Indicators Ideally, HR and other management indicators are constructed from generally available data and describe constituents of organisational activity, namely inputs, processes and outputs. It is this data that managers use in monitoring and as a basis for decision making. The indicators are usually created by linking two separate pieces of data to form a ratio. The indicators literally provide an â€Å"indication† of the relative state of key determinants of efficiency and effectiveness in comparison to â€Å"norms† of organisational activity. These norms may be derived from: – external comparisons with other similar organisations; – internal comparisons with the previous performance of the organisation; – comparisons with some pre-determined standard. Indicators of HRD Climate in Health sector Indicators can be developed to examine all the different elements of organisational performance.The four main elements of performance which require management attention are illustrated here using indicators focused on HR aspects: †¢ Inputs: this covers the resources introduced into the health system. Human resources account for the majority of health service costs and are therefore the most significant input. In making comparisons between health system units or over time it is useful to be able to look at measures such as: -relative proportions of different staff types and grades; -staff costs in relation to the total health service expenditure; – numbers of staff relative to the local population. †¢ Processes: This looks at how the health service works as an organisation. In the HR dimension, process issues include organisational environment in which people work and the effect this might have on their performance, as well as more direct measures of HR efficiency with respect to the way the HR resources are used. Thus * staff turnover rates; the â€Å"actual to planned† staff ratio; the ratio of new staff recruited to new staff trained all give an indication of the quality of the organisational environment. * Bed occupancy rates to staff employed, on the other hand, provide a more direct relationship between HR and other resources inputs in the health care process. †¢ Outcomes: These are the products of the organisation. This is particularly difficult to measure in health service systems as there is little agreement on ways of measuring health outcomes (ie. the change in health status for a person having been in the health care system). Usually the best that can be managed are proxy measures such as overall population mortality rates to staff employed. †¢ Outputs: Outcomes are often expressed in so-called â€Å"intermediate† output measures such as the number of patients treated. This data can be more easily measured, but does not give an accurate picture of how health status is affected. Typical HR output measures could include: * the number of nurses per thousand clinic attendances; * trained nurses/ midwives per 1000 live births. Peters and Waterman (6) identify the â€Å"7Ss† – strategy, structure, skills, style of management, systems, staff, shared values – as key interrelated factors determining the performance of an organisation. The HR elements in this (staff, skills, shared values and structure) can be expected to play a significant role in changing organisational performance. The most common words used to assess the impact of these related elements are â€Å"efficiency†, â€Å"effectiveness† and â€Å"quality†.

Thursday, January 9, 2020

The Documentary Of Ava Duvernay Essay - 1615 Words

The documentary 13th by Ava DuVernay was a visual masterpiece. The documentary provided its viewers with an array of information that spanned throughout centuries and was eloquently executed in less than 2 hours. The central focus of the film was about how the 13th amendment shaped this country and its prison system. The 13th amendment was the building block for mass incarceration and as time has gone on, new laws and amendments strengthened the process for more people to get incarcerated. Slavery benefited the country as a whole and as the Civil War was winding down, slavery was coming to an end. As the documentary states, the South especially relied heavily on slavery for their economy to sustain. After the passing of the 13th amendment, slaves were freed and it left the South’s economy in shambles. A stipulation within the 13th amendment, that states â€Å"Neither slavery not involuntary servitude, except as a punishment for crime whereof the party shall have been dully co nvicted, shall exist within the United States.† In turn, mass amounts of newly freed slaves were arrested and deemed criminals. Being criminalized reduced them back to a lower status in the United States, and unfortunately reignited slavery in a new kind of form. The film was not only educational, it also provided its viewers with knowledge about why there is such a disparity in mass incarnations amongst people of color compared to their white counterparts. The United States makes up about 5% of theShow MoreRelatedAnalysis Of The Documentary 13th, By Ava Duvernay1137 Words   |  5 PagesThe documentary â€Å"13th†, directed and written by Ava DuVernay and released as a Netflix Original in 2016 is about the history of racism and inequality across America, corresponding with the mass incarceration of African-Americans in modern prison. The title represents the 13th amendment of the United States Constitution stating the abolishment of slavery. The target audience of th is movie is the federal system, black communities, and the modern society. This movie seems to coincide with the BlackRead MoreThe New Jim Crow And Ava Duvernay s Documentary 13th1465 Words   |  6 Pagesrepresentation of African Americans and racial minorities as criminals. However, this one-sided conversation about racial discrimination and mass incarceration is brought into perspective by Michelle Alexander’s book The New Jim Crow and Ava DuVernay’s documentary 13th. The modern racial discrimination exists as mass incarceration and hides behind the mask of colorblind policies, and only through exposing the racist application of legislation, monetary motivations of policymakers, and the detrimentalRead MoreAnalysis Of Mass Incarceration In Ava Duvernay1523 Words   |  7 Pagesdecades. Filmmaker Ava DuVernay proposes in her documentary titled 13th, that the mass incarceration of African Americans, as well as their frequent depiction as criminals, finds its roots i n a thirteenth amendment clause that allows slavery to be used as a punishment for inmates. DuVernay develops a compelling narrative through the use of numerous experts, historical videos, and statistics as evidence for injustices behind mass incarceration; however, the rhetoric of the documentary suffers due toRead MoreSocial Injustice During The Film Selma, Directed By Ava Duvernay1642 Words   |  7 PagesIn the movie Selma, directed by Ava DuVernay showcases a lot of social injustice during the 1960 s. The portion of the film that I focused on in Selma was the migration scene, which is about seventy minutes into the movie. Within the migration scene from Selma to Montgomery, Alabama, several cinematic devices play a pivotal role in understanding why white supremacist attacked black people during the 1960 s. The scene showcases a group of African Americans that band together from the city of SelmaRead MoreThe United States Criminal Justice System Essay1132 Words   |  5 Page s â€Å"13th† is a documentary directed by Ava DuVernay. It is named after the 13th Amendment to the American Constitution which outlawed slavery unless you are being punished for a crime. The film focuses on racism in the United States’ criminal justice system. According to DuVernay, the part of the 13th Amendment that says â€Å"unless you are being punished for a crime† is a loophole that has been used to allow slavery to continue in the early days during reconstruction and even now. This loophole coupledRead MoreThe Epidemic Of Mass Incarceration Essay1880 Words   |  8 PagesUnited States. The problems of mass incarceration have been echoed far and wide, but it was not until recent years that the issue has been acknowledged, let alone fully addressed. Authors such as MK Asante and Bryan Stevenson, and filmmakers such as Ava Duvernay, have all discussed mass incarceration and its common threads such as the collapse of family structures, damage to mental, ph ysical, and communal health, amongst other lasting impacts. Despite the commonalities, each artist takes on a differentRead MoreThe Struggle That Black Face Into The Industry And Maintain An Equal Level Status As The Co Workers994 Words   |  4 Pagesmore excepted of dark toned people Also have more dark tone people working behind the seen on a film set. There are quite a bit of notable black directors that have done well in Hollywood and gain a name for themselves Spike lee, Tyler Perry and ava Duvernay and many more. All of these directors depict black people in their own way witch give audiences a different interpretation and prospective on black people than what was done back in the day and most of the time show blacks in a better light andRead MoreAnalysis Of The Book The Great Migration Essay1211 Words   |  5 Pagesyoungest in the Joseph family, Bird played by Nia Long, he attempts to live a legal lifestyle and find a job. The one question on job applications that constantly haunts him is â€Å"Have you ever been convicted of a felony?†. In the documentary 13th by Ava DuVernay documentary participants discuss life after incarceration. Originally, the period of incarceration was supposed to be a period of â€Å"reform†. Sadly, as prisoners return to normal society they find that their mistakes will forever haunt them.Read MoreThe Movie Soul Food By George Tillman Jr. Essay1535 Words   |  7 Pagesyoungest in the Joseph family, Bird played by Nia Long, he attempts to live a legal lifestyle and find a job. The one question on job applications that constantly haunts him is â€Å"Have you ever been convicted of a felony?†. In the documentary 13th by Ava DuVernay documentary participants discuss life after incarceration. Originally, the period of incarceration was supposed to be a period of â€Å"reform†. Sadly, as prisoners return to normal society they find that their mistakes will forever haunt them.Read MoreRacial Segregation And Popular Culture1676 Words   |  7 Pagesa way for black women to behave that is the approved way for them to be in the society. The media proves how blacks identities are based on others and continue to inform more people, since childhood, to define them in that way. The 1987 documentary, Ethnic Notions directed by Marion Riggs shows how powerful the media is in distorting the views of African Americans. From the film, there are a lot of deep-rooted stereotypes about black people that echo in the society. Some stereotypes about

Wednesday, January 1, 2020

Relationship Between Character and Society in Things Fall...

Society and its Characters Chinua Achebe’s novel Things Fall Apart tells the story of the African Igbo society which was dominated by European imperialism. Achebe uses his own personal knowledge of African culture to portray the Igbo tribes as a complex society with well-established beliefs and traditions. The heart of this novel is not in its context, however, but in its characters. Achebe creates complex characters to live in the vastly changing society of the Igbo tribes. It’s evident in the actions and beliefs of Okonkwo, Obierika, Mr. Brown, and Reverend Smith that Achebe was trying to make a statement about the interrelationship between character and society in the novel. Okonkwo is the novel’s most complex character. His†¦show more content†¦While society is changing, Okonkwo is resisting that change. This relationship with society demonstrates his tragic flaw: his fear of weakness. Because he possesses this flaw so powerfully, his suicide cannot be seen as an act of weakn ess or cowardice. It was an act of defiance that was necessary for the people of Umuofia. Contrary to Okonkwo, Obierika’s interrelationship with society can be characterized by its open-mindedness rather than it’s complexity. He contradicts Okonkwo in almost every aspect, despite their close relationship. He â€Å"was a man who thought about things†, and it is evident several times throughout the novel that Obierika questions Igbo traditions and culture. When Okonkwo was exiled, Obierika was the only one to ask why. â€Å"Why should a man suffer so grievously for an offense he had committed inadvertently? He remembered his wife’s children, whom he had thrown away. What crime had they committed? The earth had decreed that they were an offense on the land and must be destroyed† (Achebe, 124). Obierika’s uncertainty with the Igbo tribal law suggests early on that he may not show resistance to the societal changes coming in from the west. When the European missionaries come, Obierika keeps an open mind. When Okonkwo wants to fight them, Obierika explains that the damage had been done. â€Å"How do you think we can fight when our own brothers have turned against us? The whiteShow MoreRelatedEssay about Role of Women in Things Fall Apart, by Chinua Achebe1453 Words   |  6 Pages The role of women in society has grown and changed tremendously with the development of the world. Within the American culture, women’s rights have expanded to the extent of being able to vote for who runs our country or even possibly being the person that does run our country. Although the American culture has somewhat promoted the growth of a woman’s role in society, does not mean women receive the same respect in other cultures around world. For example, in Africa women are viewedRead MoreImperialism In The 19Th Century Resulted In European Countries1726 Words   |  7 PagesWhen Chinua Achebe published Things fall a part in 1958, a novel criticizing the European aspects of imperialism, his aspiration was to teach readers that â€Å"their past-with all its imperfections-was not one long night of savagery from which the first Europeans acting on God’s behalf delivered them†(Chinua Achebe on the Role of the African Writer, 1964). Chinua Achebe helped change the western perception of African culture by using the characters and story of Things Fall Apart to give readers a differentRead MoreChinua Achebe s Things Fall Apart1129 Words   |  5 Pagesthis box of toxic masculinity.† In the novel Things Fall Apart by Chinua Achebe, some characters are the epitome of this toxic masculinity. Things Fall Apart shows the dimension of both Igbo people and culture, while highlighting the tale of a tragic hero, Okonkwo. Okonkwo’s rise to glory was demonstrated by his humble beginnings and eye for prosperity. However, abundant cultural differences show how conflict emerges between ind ividuals and what society expects of them. The novel also in part tracesRead MoreChinua Achebe s Things Fall Apart1325 Words   |  6 PagesAbdulhameed AlHababi Western Civilization 2 December 2, 2014 Things Fall Apart by Chinua Achebe Thing Fall Apart, first published in 1958, is Chinua Achebe’s first and most acclaimed novel. Achebe illustrates an approving rendering of Nigerian and African tribal life prior to and subsequent to colonialism. Achebe presents various aspects of a native African community, including war, women mistreatment, violence and conflict, while maintaining a balanceRead MoreHeart of Darkness by Joseph Conrad vs. Things Fall Apart by Chinua Achebe1476 Words   |  6 PagesHeart of Darkness by Joseph Conrad and Things Fall Apart by Chinua Achebe are two novellas written to make a statement about the struggles of early societies. Both stories stir up moments of hope, anger, disappointment, despair, and enlightenment in an attempt to inform the reader of the injustices and societal differences during the 1800’s. Heart of Darkness tells the story from a European Colonist perspective while Things Fall Apart illustrates the outlook of the African tribe member being colonizedRead More People Fall Apart in Things Fall Apart by Chinua Achebe Essay1668 Words   |  7 PagesPeople Fall Apart in Things Fall Apart by Chinua Achebe   Ã‚   Karl Marx believed that all of history could be reduced to two tiny words: class struggle. In any period of time a dominant class exploits a weaker class. Marx defines a dominant class as one who owns or controls the means of production. The weaker class consists of those who dont. In Marxs day, the age of Almighty Industry, the means of production were factories. But as a literary theory Marxism needs no factories to act as meansRead MoreThings Fall Apart Essay1230 Words   |  5 PagesThe Relationship between Okonkwo and Nwoye falls apart. A relationship between a father and son can have a decidedly profound impact on each other’s lives. Whether this relationship is bifurcated, the psychological effects of having an intimate or inadequate parenting skills can have a nurturing or depriving effect on a childs personality from birth all throughout adulthood. This relationship although sustained has the potential to be either beneficial or untenable. In Things Fall Apart by ChinuaRead MoreChinua Achebe s Things Fall Apart1308 Words   |  6 PagesIn Things Fall Apart by Chinua Achebe, the reader is taken on a literary journey to a Nigerian tribe, the Umuofia, to experience first-hand the struggles of a warrior named Okonkwo. At first glance, the novel appears to be written for a very specific audience: scholars familiar with Nigerian history, traditions, and culture. However, upon further examination the novel reveals itself to be a striking chronicle of human experiences, universal themes, and timeless struggles that appeal to every humanRead MoreMisogyny in Heart of Darkness by Joseph Conrad and Things Fall Apart by Chinua Achebe1129 Words   |  5 PagesMisogyny, the hatred or dislike of females, is a recurrent theme in World Literature. Women’s suffrage was at its prime between 1840 and 1920. Heart of Darkness by Joseph Conrad and Things Fall Apart by Chinua Achebe, two stories based in Africa, show different points of misogyny, the first being from the time of women’s suffrage, and the latter being after the women’s suffrage movement. The value, view, and role of women was undermined greatly in these two novels. Heart of Darkness was publishedRead MoreAn Analysis of Things Fall Apart and Antigone1027 Words   |  5 Pagesnovels Things Fall Apart by Chinua Achebe and Antigone by Sophocles, this idea is portrayed perfectly. The way that Achebe developed Ezinma throughout the novel, I believe, is what was used to show readers the softer and gentler side of Okonkwo. In conjunction with that, Sophocles used Ismene to be the more tame and obedient side of Antigone. Through the descriptions and ways that these two female characters affect the main characters in each of these novels, Ezinma from Things Fall Apart and Ismene