Tort Actions The most prevalent tort in scenario 2 is negligence. The first act of negligence would be the glass that was found in Anna’s food that caused her injury. The second negligent act was the waiter’s decision to carry a flaming dish through the restaurant without announcing his presence. The restaurant owner’s negligent decision to not install an emergency exit other than a revolving door entrance caused an elderly woman to be trampled and caused several other patrons to suffer from smoke inhalation and burns.Anna also has a medical malpractice tort because when she was taken to the hospital to have surgery on her mouth a hospital mistake resulted in her leg being amputated instead. Potential Plaintiffs The potential plaintiffs in this case are Anna, the elderly woman that was trampled, the waiter who was burned, and the restaurant patrons that suffered smoke inhalation and burns.
Possible Defendants Possible defendants are the cooks because of their negligence and actions that caused Anna to be served a dish with glass in it to begin with.The waiter is a possible defendant because he failed to announce his presence and was responsible for tossing his apron onto another tablecloth starting a larger blaze. The restaurant owner is another possible defendant because they failed to provide a proper emergency exit. Defendants of the malpractice tort are both the doctor who performed the wrong surgery on Anna and the hospital in which the mix up took place.The surgeon failed to ensure he was performing the right procedure on the right patient and the hospital because they failed to have standard operating procedures in place that would prevent such a horrible mishap. Tort Elements Anna can claim negligence against the restaurant and its owner because their breach of duty to care caused for Anna to injure her mouth when she bit down on glass that was in her food.Anna can claim malpractice against the hospital and the doctor that mistakenly amputated her leg instead of performing surgery on her mouth! The elderly woman and the patrons of the restaurant can claim negligence against the restaurant owners because of their failure to install a proper emergency exit.
Defenses In this case it is possible that the defendants- the restaurant owner and waiter, could try and use the defense that patrons entering the restaurant do so with a certain amount of assumed risk.They may try to say that patrons are fully aware of the types of dishes (including the flaming dishes that started this incident) and that the patrons enter the restaurant at their own risk. It is possible that the cooks may try to claim that the glass was put into the meal after it left the kitchen and that they are not responsible. The restaurant owners may try to dismiss the patron’s claims of negligence and claim that those injuries would still have occurred if there had been another emergency exit.The restaurant owners may claim that the smoke inhalation and burns were not because of the revolving door exit, but rather the fault of the patrons being frantic. Claim Resolution Anna has two strong claims in this scenario. The first claim is her negligence claim against the restaurant because of the glass in her food.
This incident is directly responsible for Anna being taken to the hospital where her malpractice claim took place when doctors mistakenly amputated her leg.The elderly woman has a strong case again the building owners because she suffered injuries being trampled while other patrons were trying to squeeze through the revolving door. The staff and patrons that suffered injuries might have a more difficult time proving their case because the smoke inhalation and burns might have occurred regardless. If taken to trial the judge could also decide that the waiter dropping the flaming plate was an accident and therefore the following injuries were the result of an accident and not negligence.
Compensation, Pensions and Benefits Cadman, B., & Vincent, L. (2015). The role
Compensation, Pensions and Benefits
Cadman, B., & Vincent, L. (2015). The role of defined benefit pension plans in executive compensation. European Accounting Review, 24(4), 779-800.
Manpower planning is among the most important responsibilities of Human Resource Management in any organization. Human Resource managers come up with hiring strategies and which ensures that the right kind of workforce is brought in to the organization. They take care of the hiring and training the workforce, oversee the performance management system, help in building organizational culture and values, conflict management and they are responsible of developing good relations in the organization.
The findings which have been presented in this article are on the expected lines, for the innovations it offers the biggest competitive advantage in any give organization. It is surprising to see how compensation strategies have been designed to help the employees and the company to gain competitive advantage strategically and which are generously rewarded. Employee compensation refers to the benefits (Vacation, cash, etc) that a worker receives in exchange for the service they give to the organization or the employer. It is generally among the largest costs or expenses for any business. Almost 92 percent of working population across the world is made of workers who earn compensation from their employers. Compensation paid to employees may be in form of; cash consisting of salaries and wages, retirement plans, life insurance, employer-paid health insurance, paid leave for sick days and vacation and disability insurance.
Retirement may be a way in which an employment agreement is ended; however, its impact may be too much more for some individuals. It may come as a dramatic change in one’s social status and lifestyle. There is always no fixed age for retirement and it is essential for organizations to agree on timing one’s retirement dates. Generally, it is the responsibility of the Human Resource Department to come up with suitable retirement benefits for the workers. During the time of recruitment, the HRM has to foresee employee’s career and create an appropriate pension/superannuation scheme for the workers. Retirement may be in two forms; early retirement which may allow an employee to retire early than the normal time or normal retiring age. Some businesses encourage it in order to minimize the staff numbers and clear succession blockages or promotions. On the other hand there is phased retirement; this is the commonly applied approach where employers makes preparations for workers to phase in retirement to prevent the abrupt change in circumstances and reduction of their work load over the agreed time period, so that they gradually withdraw from the organization and paid full time employment.
Benefits can be quite valuable and it is very crucial that they be considered as part of total compensation. Employee benefits are optional and a non-wage compensation which is added to worker’s normal salaries or wages. Such benefits may include; disability income protection, group insurance (dental, health, life, vision, etc), retirement benefits, tuition reimbursement, daycare, vacation (non-paid and paid), sick leave, education funding, as well as alternative and flexible working arrangements.
Compensation
Adeosun, O. (2013). Effective Reward System and Workers’ Productivity under Dynamic Socio-Cultural and Legal Environment in the Selected Nigerian Insurance Industry. ALLEVIATION, INCOME REDISTRIBUTION & RURAL DEVELOPMENT IN DEVELOPING COUNTRIES, 402.
The journal is a reflective study of management humanities and sciences. This journal gives a summary of the study of the impact of the reward system on the productivity of employees in selected range of insurance companies (pg-402). The reward system is the most important Human Resource Management factor and it has been observed that many theorists, practitioners, academicians and managers have evaluated the essential issues which are related to the rewards. It has been found that satisfaction in a working environment is one of the most significant key drivers in promoting a sense of pleasure, while fulfilling their tasks. This is the feeling which in return makes employees to become more productive, increase their creativeness and which in turn it is profitable to the organization. Thais has been of the utmost significance in the present working situations as job satisfaction further strengthens the employee commitment levels and a sense of loyalty of both workers and that of the entire organization. It is very essential especially when organizations are seeking their competitive advantage particularly through their employees. The journal main objective is the creation of a correlation of the perceived job satisfaction and its reward system and which is completed based on the qualitative research. It also analyses the differences in the reward system and how they affect the motivation among workers and how in return affects both growth and productivity of the entire organization and furthermore how attitude, behaviors, and performance are related to the employment performance.
Tariq Dar, A., Bashir, M., Ghazanfar, F., & Abrar, M. (2014). mediating role of employee motivation in relation to post selection HRM practices and organiztional performance. International Review Of Management And Marketing, vol-4(3), 224-238.
The journal shows that according to a research conducted, the result indicated that when a positive relationship is present or exist between an effective reward system and the employees, there is always great productivity. However, various recommendations are put in place and in terms of improving the existing form of the reward system as it is not guaranteed high long run productivity. These recommendations are from the research respondents to the stakeholders, the management and the government to improvise regulators in the effort of improvising regulators to give good reform suggestions to the whole system so as to meet the aspirations and the expectations of the workers in the sector and to retain the remarkable growth together with the organizational and the country’s economy respectively.
Pensions
Jessoula, M., & Raitano, M. (2017). Italian Pensions from “Vices” to Challenges: Assessing Actuarial Multi-pillarization Twenty Years on.
According to the article, traditional pension plans are disappearing from private sector, exclusive of only for the plans which are tied to the labor union contracts. The public sector workers are the biggest group with the active and growing pension plans, although the traditional pension plan is simple to understand hence the reason behind their disappearance.
The killer boost of a pension has always been the tax relief, and which comes in two forms depending on whether one is a higher-rate or a basic rate tax-payer. In tax relief on contributions, one can get back the tax paid on all contributions if he or she is under 75, subjected to annual allowance. Employment based retirement plans have drastically changed as many organizations are moving away from the defined benefit plans like the traditional pension plans, and favoring the defined contribution plans. Retirement and compensation planning is one of the most crucial element and effective tool in the human resource management and for the sustainability and survival of a business. Employee pension decision making may be one of the most complex decision he or she can undertake. They tend to satisfy rather than to optimize their pension decisions. Employers can apply the bounded rationality theory in enhancing the employee pension decision making through an appropriate and effective pension scheme and communication and which affects the pension participation and the rate of contribution in the organizational level.
Benefits
Shields, J., Brown, M., Kaine, S., Dolle-Samuel, C., North-Samardzic, A., McLean, P., … & Plimmer, G. (2015). Managing Employee Performance & Reward: Concepts, Practices, Strategies. Cambridge University Press.
The human resource function in today’s organizations is very essential as people are the most important resource. Workers benefits examine the social, legal and technical issues which surround the current trends in the worker benefit programs. Life insurance, disability and group health, retirement planning, wellness programs, time off and other benefits are essential.
Continuous innovation and improvisation has become the mantra for the success of any organization particularly if it has to retain its competitiveness and attain profitability and sustainability. Many factors influence the rate and factors of innovation in an organization. Most of workers feel that their employers may not be appreciating the extent of their efforts and home obligations which they carry apart from the work responsibilities. 25 percent of workers who do not receive working benefits will be more likely to find employment elsewhere.
Firms must align the owner and workers interests. Importantly, intensive compensation will signal a potential employee that his or her performance will be rewarded and this automatically improves the relative labor productivity in any given organization. Giving work benefits as part of compensation has a broad impact on the firm’s production performance together with employee satisfaction. A good human resource management practices will always create many differences intended to enhance employee productivity.