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Pay For Someone To Write Your Essay

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How To Write Good Academic Papers

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The Rwandan Genocide - 604 Words

The Rwandan Genocide In the middle of Africa there lies a small country by the name of Rwanda. Rwanda is made up of three different ethnic groups: the Twa (a group of aboriginals who were the first to settle there), the Hutu, and the Tutsi. Starting in the mid 1990’s, Rwanda was thrown into a terrible genocide stemming from deep ethnic hatred between the Hutus and the Tutsi. This atrocity was not readily noticed or acted upon by the rest of the world at first, but would soon shock it with the horrors that took place. Although Rwanda was not always like this, the events that preceded it certainly lead the country on a dark path of hatred and killing. The first settlers in Rwanda were the Twa, a group of hunters/gatherers who didn’t interact much with the rest of the population, and while the exact time they settled is unknown, they were there from before the Roman Era. Next came the Hutu. These settlers were traditionally farmers and crop growers, and worked on the land. The last people to come were the Tutsi, who migrated somewhere in the 1300’s. Because the Tutsi were traditionally herdsmen, the nature of their job lended them to owning land. Considering the customary job of the Hutu, they were the ones who would work on the Tutsis’ farms. Because of this, the Hutus would naturally outnumber the Tutsi. This did not cause a class distinction or ethnic hatred at first, however, simply because the idea of separate classes had not come to them. In this period of time theShow MoreRelatedThe Genocide Of The Rwandan Genocide Essay1711 Words   |  7 PagesThe Rwandan Genocide took place in 1994 and involved members of the Hutu mass killing Tutsi and Tutsi sympathizers who were Hutu. The genocide resulted in the deaths of around 800,000 people, majority Tutsi. The separation of classes came from Belgian internationals creating the two ethnic classes and giving power to the Tutsi who were taller and had lighter skin, and generally appeared more European. In response to this, after the country gained independence from Belgium, Hutu extremists gatheredRead MoreThe Rwandan Genocide And The Genocide1654 Words   |  7 PagesMiranda Shearer Mrs. Sohal/ Mrs. Love Period 3 17 October 2014 The Rwandan Genocide A genocide is defined as the deliberate killing of a group of people, especially of a certain ethnicity. By that definition and almost any other a dictionary could define, the killing of the Tutsis was certainly a genocide.The Rwandan Genocide occurred in 1994, in an African country called Rwanda. A long history of building friction between the Hutus and the Tutsis undeniably caused the mass murder of over 800,000Read MoreThe Genocide Of The Rwandan Genocide1421 Words   |  6 PagesThe Rwanda Genocide was an unfortunate case where thousands of deaths could have been prevented, but because of irresponsibility and selfishness of global governments’ innocent lives were lost. The Genocide began on April 6, 1994 and was, â€Å"initiated by the Hutu political elite and extremists and its military support, their prime targets were the Tutsi, as well as Hutu moderates.† (Hain 2) The Hutu made up majority of the population and government officials and enforced a government-ass isted militaryRead MoreThe Rwandan Genocide Essay959 Words   |  4 PagesThe problems of today can often be traced in the beginnings of yesterday. The Rwandan Genocide was a divisive division of two groups that culminated in the mass murder of nearly 500,000 Rwandans, three-fourths of the population. The tactful subterfuge by the ruling party fueled the separation of two ethnic groups that reminisce the events in Europe 55 years earlier. Naturally, the question becomes, how? Simply speaking it was the indifference of global elites and political demagoguery that incitedRead MoreThe Rwandan Genocide And The Genocide866 Words   |  4 PagesThe Rwandan genocide occurred during the period of April to July of 1994. This genocide was as a result of the Hutu ethnic majority slaughtering the Tutsi minority. During this period as much as 800,000 Tutsis were killed. The genocide was started by Hutu extremists in the capital of Kigali and the genocide soon spread across the country. Despi te all of this there were several survivors of the genocide. Immaculee Ilibagiza is one of those people. Immaculee Ilibagiza was born in 1972. She is theRead MoreThe Rwandan Genocide1335 Words   |  5 PagesRwanda is a country made up of a population with three ethnic communities, the two main communities, the Hutu and Tutsi and an additional community of Twa (or pygmies) who all spoke the same language, Kinyarwanda or Rwandan (Clapham, 1998). There is a stereotype of appearance attributed to these two main communities, with Tutsi being seen as tall and having an aquiline shaped nose, and the Hutu as being short and flat-nosed (Clapham, 1998). In the pre-colonial state of Rwanda, it was the TutsisRead MoreThe Genocide Of The Rwandan Genocide2458 Words   |  10 PagesGenocide has been plaguing the world for hundreds of years. Millions of innocent lives have been taken all for the sake of prejudice. One of the most atrocious aspects of genocide is that a large percentage of them are sponsored by the state in which they are taking place. Over the years scholars have studied just wha t motivates a state to engage in such awful behavior. What motivates them? Why would they do such horrendous things to their own citizens? Is it solely for some economic incentive, orRead MoreThe Genocide Of The Rwandan Genocide Essay2042 Words   |  9 Pagespeople that commit genocide; we are all capable of it. It’s our evolutionary history† (James Lovelock). According to the Oxford dictionary, genocide is defined as â€Å"the deliberate killing of a large group of people, especially those of a particular nation or ethnic group.† Although it may be hard to believe, genocides have occurred all over the world and all throughout time. There have been well documented genocides such as the Holocaust. Additionally, there have also been genocides that have barelyRead MoreThe Rwandan Genocide1188 Words   |  5 PagesRwandan Genocide The Rwandan Genocide began on April 6, 1994 and lasted for about 100 days (History). The two groups involved, the Hutus and Tutsis, were in a massive conflict after their president was killed. The Hutus brutally killed about 800,000 Tutsis and supporters. This tragic genocide was not stopped by other countries during its peak, leaving the world wondering why. As we commemorate the 20th anniversary of the Rwandan Genocide, it is important to be informed about the tragedy. The wayRead MoreThe Rwandan Genocide And The Genocide1637 Words   |  7 PagesWith over eight hundred thousand to one million deaths, the Rwandan genocide is undoubtedly one of the most sad and shocking examples of the lack of intervention by not only the US and the UN, but by other countries as well. The ongoing tensions between the Hutu, the largest population in Rwanda, and the Tutsi, the smaller and more elite population is what eventually lead to the Rwandan genocide. The killings began quickly after President Habyarimana s plane was shot down. After hundreds of thousands

Shale Gas And Its Effects On Human Health Essay - 2163 Words

Due to innovations in technologies and techniques involved with shale gas extraction, shale gas production in the United States, as well its natural gas production as a whole, as increased tremendously over the past several decades. As the abundance of domestic energy continues to grow, American consumers have observed declines in gas prices across the nation. However, cheap gas comes with a price: the negative impacts that cheap oil prices and shale gas extraction have on the U.S.’s environment, economics, and political relations raises questions as to whether America’s shale gas revolution is entirely beneficial. Although shale gas offers the potential for abundant and cheap energy and reduced reliance on foreign energy, the harmful impacts on human health and the environment caused by shale gas extraction as well as the negative effects of cheap oil prices on foreign and national economies and the geopolitical imbalances caused by the shift in energy dominance outwei gh the benefits of shale oil. The process of extracting shale gas today involves two methods: horizontal drilling and hydraulic fracturing. Horizontal drilling enables the well to conform to the formation and extract gas from thousands of meters below the entrance of the well. Because the shale rock formation is typically flat and approximately 90 meters thick, this method of drilling maximizes the area of rock that is in contact with the wellbore – in comparison to vertical wells, horizontal wells reduceShow MoreRelatedFracking Technology On Extraction Of Shale Gas And Oil Essay1041 Words   |  5 PagesFracking technology. What are the environmental and health issues related to fracking technology on extraction of shale gas and oil? Unconventional gas and oil extraction process known as hydraulic fracturing, hydrofracking or fracking is a technique used to extract shale gas and oil, on which high pressure fluid is injected, mainly water, containing sand, chemicals or other granular materials which are pumped with a fluid medium under pressure into rock, so that fractures formed in this processRead MoreFracking And The Gas Industry1573 Words   |  7 PagesSince the turn of the millennium, hydraulic fracturing - a process for extracting natural gas- has spread rapidly across the United States. High volume hydraulic fracturing, or â€Å"fracking,† is a process in which water and chemicals are injected into shale formations underground in order to release trapped natural gas. As fracking spreads throughout the United States, there are more and more reported cases of contaminated drinking water and illness among citizens living near fracking sites. Even withRead MoreThe Effects Of Shale Gas On Global Warming And Climate Change And The Environment1658 Words   |  7 PagesSergio Rodriguez Sci. 351A Due: 07-30-15 The Effect of Shale Gas on Global Warming and Climate Change and the Environment Global warming is a very disputed issue due to the fact that in every situation, there are two sides to a story. Some believe global warming is not an issue seeing as there have been trends in the past that indicate that the world changes constantly and that it will once again come to its natural order. Like geologist Charles Lyell once stated with his idea of uniformitarianismRead MoreTwo major world concerns today are the energy crisis and economic instability. Hydrofracking may be1400 Words   |  6 Pagesoil and gas areas which could not be developed previously to be productive. Cooley and Donnelly (2012), experts on global energy policy; state that the world natural gas reserves will be more than enough for the next 130 years, and the latest extraction technology of shale gas can bring a significant contribution to opportunities of gas industry. According to a report by the International Energy Agency (2012), if Europe and Asia countries follow the USA example in the developme nt of shale gas productionRead More Fracking and its Effect on the Environment Essay1464 Words   |  6 PagesOil and natural gas companies have developed a way to drill for natural gas, a process called hydraulic fracturing, also known as fracking. Natural gas is a flammable gas mixture consisting of methane and several other hydrocarbons that occur naturally underground. Natural gas is used as fuel for heating, cooking, and even in some automobiles like the â€Å"RideOn† buses. This technique has only recently become economically feasible with the rising prices of fossil fuels, and there is much potentialRead MoreThe Process Of Hydraulic Fracturing1387 Words   |  6 Pagesis interdependent and interrelated with one another. Scales: In our fast-paced and globalizing world, it is important to know how phenomena and processes effect scales within society. Between the global and local scales, there are world regions and national state scales. These different scales are important because different aspects of human geography are understood best, and analyzed more effectively, at different spatial levels (Knox, 2010, p. 11). In order to analyze the process of hydraulicRead MoreNatural Gas Is A Pillar Of Canadas Energy Resources Landscape1251 Words   |  6 PagesNatural gas is a pillar in Canada’s energy resources landscape. Industry reports (IBISWorld) indicate that the oil and gas industries (e.g., gas extraction, gas field services, natural gas distribution) in Canada are expected to generate revenues of over $56.4bn in 2015. The Canadian Energy Research Institute projects Western Canada’s natural gas sector to add $2.3tn to Canada’s GDP between 2015 and 2035. While, sales are projected to ge nerate $1.4tn in sales and $400bn in taxes, as well as attractRead MoreHydraulic Fracturing And Its Effects On The Environment1087 Words   |  5 Pagesfracturing, also known as fracking, is the process of drilling and injecting fluid into the ground at high pressure in order to fracture shale rocks to release natural gases inside. Many people are referring to fracking as an energy revolution that will last America at least 100 years. What they don’t know is that at the rate we are going, it wont last us 40, and the effects that it has on the environment will make earth’s lifespan shorter too. We need to stop hydraulic fracturing because it is wastefulRead MoreThe Issue Of Hydraulic Fracturing1444 Words   |  6 PagesHydraulic Fracturing One of the hottest new issues that has arisen to the forefront of the battle between environmentalists and the energy industry, where the health of future generations is set against our energy needs and economic growth, is the issue of hydraulic fracturing, or fracking as it is colloquially called. America’s new-found energy independence has been made possible using technology that was only a pipe dream a mere decade ago, slashing the disparity between net imports versus exportsRead MoreHydraulic Fracturing : The Good And The Bad1381 Words   |  6 Pagescombination with advancement in directional drilling has made it possible to economically extract oil and gas from unconventional resources. The growth in U.S. oil and gas exploration and production made possible by the increase in use of hydraulic fracturing, has raised concerns about its potential to impact human health and the environment. Concerns have been raised by the public about the effects of hydraulic fracturing on quality and quantity of drinking water resources. The hydraulic fracturing

Jonathan Edwards And Benjamin Franklin Essay Example For Students

Jonathan Edwards And Benjamin Franklin Essay From their critical assessments on how to improve themselves and to the Americanpublic that they influenced by their writings, Jonathan Edwards and BenjaminFranklin illustrate American themes in their personal narratives thatquintessentially make part of American Literature. Although they lived indifferent times during the early development of the United States of America andwrote for different purposes, they share common themes. Their influence by theirenvironment, individualism, proposals for a better society, and events thataffected their society generate from their writings. By analyzing JonathanEdwards Personal Narrative, Resolutions, Sinnersin the Hands of an Angry God, and selections from Benjamin Franklins TheAutobiography of Benjamin Franklin found in The Heath Anthology of AmericanLiterature: Third Edition Volume One edited by Paul Lauter, the fundamentalthemes in American literature are evident and their individual ideas aredistinctive. These personal narratives reveal the influences of theirenvironment that gave them epiphanies to their closer perfection of themselves. Jonathan Edwards Personal Narrative shows his journey towards acloser relationship to God. His family was followers of the CongregationalistChurch, and from early childhood, he followed a Christian life (Lauter 569). Inthe beginning of his autobiography, Personal Narrative, he saysI had a variety of concerns and exercise about my soul from my childhood;but had two more remarkable seasons of Mckenize 2 awakening, before I met withthat change, by which I was brought to those new dispositions, and that newsense of things, that I have had (Lauter 581). Edwards endures arite of passage, which brings him closer to God. These epiphaniesassisted on his assessment of becoming a better man in the eyes of God andminister to his community. Benjamin Franklin did not hold his family beliefs ofChristianity, but from his early environment, he drew his relationship to God asa Deist. Franklin believed there is a Supreme Being and it is our job todiscover our own reality by reasoning. In his autobiogra phy, he notes severalepiphanies that changed his lifestyle. For example, he regretted his leavingMiss Read for England without pursuing their relationship further. He callsthese regrets or wrongdoings Erratum (Lauter 788). The spiritualityof Franklin and Edwards is distinctive, and their writings reflect theirexperiences and growth of improvement. Franklin as a Deist felt that he createdhis destiny by the decisions he made. His autobiography illustrates his faultsand accomplishments. This openness aims to the audience, the American, in orderfor them to reevaluate themselves and improve from their weaknesses. Franklinwanted Americans to become better Americans. With Edwards beliefs, he felt thatgod predestined every man, and only the elect entered in theafterlife to heaven. He focuses his writing to the Christian audience. His goalis to prepare them to become candidates to be elect and show how theelect can set an example for the rest of the congregation. These menfelt the responsibi lity to live a better life and set the example for every manin their community. As individuals, they constantly contemplate andself-evaluate there position in life and Mckenzie 3 community. In Early AmericanLiterature: A Collection of Critical Essays, the editor Michael T. Gilmorewrites in the introduction, in their minds the Bible wasthe book of history, and typology revealed the developmental pattern of eventsby finding correspondences between the Old and New Testaments (2). Edwardsconstantly places his life according to the bible. He believed like Winthrop,that his community needs to prepare and become a city upon a hill(Gilmore 2). Through his contemplation and goals seen inResolutions, he constantly seeks to improve himself, so he canfulfill Gods plan for a new Holy Land, which is his congregation in NewEngland. His sole concentration was interpreting the Bible and living by itswords. He recorded his goals to improve himself and set an example to hiscommunity. Benjamin Frankli n seeks the same goals as an individual, but hedesires to improve the American man. In Soundings: Some EarlyAmerican Writers, Lewis Leary writes Franklin was the true Americanconstantly redefines himselfnone better represented the simple, noblemenwho lived close to nature faithful to her laws uncontaminated byartificialities of court or town (9, 11). Franklin lists virtues that heintended his audience to try to follow when they chose to improve themselves. Byexplaining that no one can change overnight and work on one vice untilsuccessively conquered, such as chastity, every man can find self-improvementand further contribute to their community (Lauter 810-11). With a diary anddocumenting each vice, Edward sought to overcome his sins, be closer to God, andteach from his experience the necessity to set the best example as one of theelect. With Franklins table of conquering vices, he wanted to becloser to being virtuous. These men documented their progress of theirself-defined resoluti ons in hopes of their community to follow Mckenzie 4 bytheir example. They desire to be influential by their own sacrifices and catchattention and esteem by their community. Edwards and Franklins writingsreflect the political and social separations in their society. While Franklinteaches through writing the events to all Americans for the need for a closersociety after the Revolutionary War, Edward preaches to his congregation theneed to bind together and seek salvation during the time when America redefinedreligion. In, Sinners of an Angry God, Edwards reacts with anger andfierceness to his congregation in the reaction to the GreatAwakening. In his sermon to his church, Edwards theme is to plea the manynot saved and doomed to damnation. He preaches, now you have anextraordinary opportunity, a day wherein Christ has thrown the door of mercywide open (Lauter 602). He pleas to divert the influence of uncertifiedpreachers and stay close to the community and save themselves. His idea of holding a community is by threat of damnation. As Ursula Brumm explains in heressay Jonathan Edwards and Typology, in Early American Literature: ACollection of Critical Essays, Edwards took part heart and soul in theevents of the Great Awakening. He regarded this movement with overwhelmingexpectations in the belief that it marked the beginning of the millennium(71). Edwards felt that the temptations of Satan was the cause of this event,and by force in this sermon, he attempted to hold his congregation during thistest by God who wanted to see who was faithful. Franklin was not as forceful inhis attempt to influence man to become more patriotic. He simply wanted some tofollow the path that he paved. He discusses that the application of his list ofvirtues and how they make man a good citizen. He says its every onesinterest to be virtuous, who wishd to be happy even in this world (Lauter818). His aim is to show men, that Mckenzie 5 literature, like hisautobiography, helps men analyze th eir own errors and correct (Leary 15). Thetheme of rags to riches dominates Franklin autobiography and it is acommon theme used by many American writers. At the time after America won itsindependence, the nation struggled for the identification of a model citizen. Tomato Fishing EssayNot only did Benjamin Franklin love liberty, he also had great skill asa diplomat. In this role, Franklin

Occupational Health Safety and Human Resources Law

Introduction Professional development and management have constantly been among the hotly contested matters by organisations across the globe for decades now, and since all are equally paramount to the success of businesses, there has been considerable concern on the same.Advertising We will write a custom assessment sample on Occupational Health: Safety and Human Resources Law specifically for you for only $16.05 $11/page Learn More For any organisation to rank among top achievers of corporate growth and champions of corporate social responsibility, issues concerning employee welfare have been key contributors to the achievement. Cases of spates of suicides, injuries, or even accidental fatalities due to poor organisational management and lack of concern on employee welfare have been on recurrent discussions, consequently leading to the development of workforce-related directives and policies by labour officials globally. Occupational Health and Safety Laws and Human Resources Laws have been major contributors of hope in the workforce affairs. Central to developing understanding on such policies, this study provides an analysis of case summaries concerning Occupational Health and Safety Law and Human Resources Law. Koehler v Cerebos (Australia) Ltd [2005] HCA 15 Decision from the highest court The approach adopted by the Full Court in this appeal was in accordance with the principle stated in Fox v Percy [30]. In doing so, their Honours made no errors. The appeal should be dismissed with costs.1 One of the profound and renowned Australian cases and that seems crucial to Occupational Health and Safety Law is the controversial case of Koehler v Cerebos (Australia) Ltd [2005] HCA 15. This case involved the issue of work stress and negligently inflicted psychiatric illnesses. An employee served as a permanent sales representative until she was retrenched. Upon retrenchment, she agreed with her employer to re-employ her on a part time work basis of three working days per week. During the part-time employment, she noticed sudden workload and thus complained to the management and she suggested the reduction of her work coverage within the operational stores, but they ignored.2Advertising Looking for assessment on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Consequently, the employee developed psychiatric illness due to workload. She filed a case against the employee for breaking common law duty of providing safe working environment. However, joint high court decision concluded that it was beyond employer’s ability to foresee psychiatric injury in the employee and only a psychiatrist could, and thus the employee’s claim over her employer’s negligence failed.3 Similar/related cases Some of the vital cases that involved similar psychiatric injuries and illnesses and their foreseeable circumstances include [2005] HCA 15 (Unreported, McHugh, Gu mmow, Hayne, Callinan, and Heydon JJ, 6 April 2005), and most recently, the case of Finlay v State of Western Australia [2012] WADC 132. Beginning with HCA 15 (Unreported, McHugh, Gummow, Hayne, Callinan and Heydon JJ, 6 April 2005) a great similarity is evident to the case of Koehler v Cerebos. Following the case of McHugh and friends, foreseeable psychiatric-related health conditions in individuals’ inner feeling and more unfortunately using simple assumptions seem complicated than how people consider it. In a joint judgment of intellectual judges, the jury concluded that an employer recruiting an employee to perform certain duties must presuppose the absence of evident signs indicating the possibility of an underlying psychiatric injury, with the intention of employee considering his/her ability to accomplish the stated tasks.4 The case of Finlay v State of Western Australia is one among the cases that elicited controversies within the District Court of Western Australia. 5 Judges in this case employed the decision employed by the High Court in the case of Koehler v Cerebos. Several issues emerged from the court’s decisions made prior to the circumstances of the case of Finlay v State of Western Australia.6 According to the courts final summary, an employer may not possess the liability of any psychiatric injury of an employee concerning the performance of a given task originally specified within the job contract.Advertising We will write a custom assessment sample on Occupational Health: Safety and Human Resources Law specifically for you for only $16.05 $11/page Learn More Secondly, â€Å"there must be a presumption that an employer engaging any employee to perform stipulated duties has the obligation to assume the absence of evident signs of likelihood of psychiatric injury†.7 Thirdly, judges deem unnecessary for employers to foresee psychiatric injuries.8 As stipulated in the law of law of tort, â€Å" employers should ensure that their relationship with employees leads not to psychological distress in workers and employers must not breach their duty of care unless on an occurrence of a situation that requires reasonable intervention.†9 Journal, newspaper discussing Koehler v Cerebos The case of Koehler v Cerebos was extroverted and it led to several literal discussions that affected several governmental and no-governmental organisations.10 In the journal of modern Australian law of mental harm, outlined major points that concerned the case of Koehler v Cerebos. Providing important facets of the case, Mendelson, discussed important matters concerning the employer’s negligence and circumstances leading to reasonable ‘Foreseeability’ in the case of ‘psychiatric injuries’ in the workplace.11 Mendelson further discussed the elements of ‘liability of psychiatric injuries’ as well as issues of duty of care and ‘breaching of contr actual agreements’ between employers and employees. More importantly, this journal provided impressive coverage of information about contextual cases that have remained imperative within courts before and after the case of Koehler v Cerebos. Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Decision from the highest court â€Å"The appeal should be allowed. The orders of the Court of Appeal of the Supreme Court of Queensland should be set aside. In lieu thereof this Court should order that the appeal to the Court of Appeal be dismissed save for the deletion from the orders of Derrington J, dated 1 June 1994, of the words â€Å"with costs, including reserved costs, if any, to be taxed† in respect of the order dismissing the plaintiff’s action against the third defendant. The appellant should pay the respondent’s costs of the appeal to this Court.†12Advertising Looking for assessment on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Another significant case that may reflect the policies governing Occupational Health and Safety Law is the case of Northern Sandblasting Pty Ltd v Nicole Anne Harris of 1997. The case entails the landlord, tenant, and an electrical contractor. The landlord bought a house electric property, which the local electricity supplier and the electric board examined the installation position in July 1984. It developed mechanical problems in November 1986 and Mr. Briggs, who was the landlord’s customary electrical contractor, repaired a stove and a refrigerator in the building, which Mr. and Mrs. Harris occupied as tenants in 12 December 1986. After first dismissal of the charges in the appellants favour, the respondent appealed in the Court of Appeal. The judges in the court of appeal remained in mixed opinions based on common law and statute. Fitzgerald P. ruled in favour of the respondent through ‘special’ duty that the landlord breached the duty of care and that he/she was required to a safe environment for the tenants. McPherson JA dismissed this claim and argued on two bases: non-delegable duty and landlord’s house inspectional duty.13 Similar/related cases Similar cases relating to negligence of duty and liabilities that have been a challenge to courts given the mysteriousness of situations are the cases of Leichhardt Municipal Council v Montgomery [2007] HCA 6; (2007) 233 ALR 200 and the case of Gration v C Gillan Investments Pty Ltd [2005] QCA 184. The case of Leichhardt Municipal Council v Montgomery has a great correlation with the case of Northern Sandblasting Pty Ltd v Harris in the sense that they both involve the aspects of duty of care and negligence. The appeal was unsuccessful as the judge ruled that public road construction is risky only under certain negligence, though the road authority is not liable for negligence acts of the contractor.14 The case of Gration v C Gillan Investments Pty Ltd of 2005 is another significant c ase that involves negligence and duty of care. Judith Gration was the plaintiff/respondent and a tenant in support of her husband in this case trying to litigate Gillan Investments Pty Ltd, the defendant. On 6th August 2000, one of the treads of the front stairs slithered and made her fall thus causing bodily injury. She filed a case at the district court to claim the damages over breaching of appellant’s duty of care as documented in Residential Tenancies Act 1994. This act’s contractual and statutory provisions stated that the landlord should ensure that the premises are clean and as the tenant continues to live, the landlord must provide continual maintenance of the premises. The judge ruled in respondent’s favour by claiming that the landlord was responsible for conducting regular visual inspection maintaining standard repairs and thus liable for the tenant’s injuries.15 Newsletter related to the case initial case The case of Northern Sandblasting Pty Ltd v Harris had attracted several legal firms that ended up articulating the judge’s decisions and conclusions in subsequent coverage. The United Kingdom’s residential tribunal bulletin of May 2001 articulated the issues of negligence and duty of care at length. Residential tribunal bulletin summarises the cases related to negligence of a certain kind resulting from lesser or landlord’s negligence in the context of ensuring a safe environment for tenants and liabilities of injuries incurred in such cases.16 In this newsletter, relevant referral cases like Jones v Bartlett [2000] HCA 56, McAuliffe v HabgoodRT 99/14051, OSP 52146 MisrachiSB/99/357, featured with significant information on the hearings, proceeding and decisions made by different judges. More importantly, it is important for contenders to understand that â€Å"joint and several liabilities of tenants withstand assignment of a tenant’s interest.†17 Czatyrko v Edith Cowan University ( 2005) 79 ALJR 839 Decision from the highest court â€Å"The appeal should be allowed with costs. The orders of the Full Court of the Supreme Court of Western Australia made on 9 December 2002 should be set aside and in their place it should be ordered that the appeal is dismissed with costs.†18 Czatyrko v Edith Cowan University (2005) 79 ALJR 839 is another significant case that highlights the understanding of negligence and duty of care involving employer and employee and concerning occupational health and safety in Australian courts. Edith acquired an injury at work. On believing the platform was raised, Edith stepped backwards only to notice that her presumptions were wrong and thus she fell down and acquired an injury. Brett George Jerzy Czatyrko was the appellant in this case while Edith Cowan University as the respondent where Czatyrko went to the court to take legal action against Edith’s negligence of duty of care.19 Within the premises, there were no beepers or oral warnings to notify workers. Occupier’s liability act (WA) and Occupational Safety and Health Act 1984 (WA) were in place during this moment. The respondent fruitfully appealed to the Supreme Court. Three Supreme Court judges argued that the appellant (employer) failed to provide safe system of work, and thus under common law claim, they noted that the appellant failed to provide a warning device. They concluded that since ‘risk’ is a common issue in workplace, absence of warning breached employer’s duty of care and thus the appellant was liable for the injuries.20 Comparable cases Among the comparable cases reflecting duty of care and disregard, AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183 and Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 can fit this profile. The facts about the case AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183 seem unambiguous. The case of (30 May 2005), simply involves an employer (appellant) a nd an employee (claimant) with negligence of duty of care being the matter just like the case of Czatyrko v Edith Cowan University (2005) 79 ALJR 839. Patricia Stonehill (respondent), sustained injuries at the workplace and went to sue AFS Catering Pty Ltd (appellant) for negligence of common law duty of care. In the high court of appeal, judges considered the decision of the district court to set aside the damage.21 Another significant court case that forms a replica of the conditions that accustomed the case of Czatyrko v Edith Cowan University (2005) 79 ALJR 839 is the case of Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99. This case unfolded in 27 May 2008, when the appellant, Clint Pollard, proceeded to the court to sue Baulderstone Hornibrook Engineering Pty Ltd and Bilfinger Berger AG for alleged contributory negligence of duty of care. The plaintiff acquired injuries at the workplace after slipping on a wash bay of wet metal truck. It was then a quand ary whether it was due to employee’s lack of reasonable care of own safety or employer’s non-delegated duty of care for employees. Using common law, the judges concluded that the employee was guilty of contributory negligence in the circumstances that he exposed himself to a risk of injury that was reasonably foreseeable.22 Article about the initial case Central to determining challenges affecting New South Wales Court of Appeal, the president of the court, Justice James Allsop sought to examine the recurrence of court related issues in this court, where much of the issues emerged. The concern over the judgements concluding this case protracted from this angle when the president of the New South Wales Court of Appeal, Justice James classified the case of Czatyrko v Edith Cowan University under the contributory negligence section.23 However, the president noticed that judges had the obligation to make the correct judgement, though cases might have protracted from contra dicting circumstance that make judgement complicated. Using a general statement, President James highlights that, â€Å"contributory negligence requires more than mere inadvertence, inattention, or misjudgement†. From such statements, it is clear that cases within the negligence and duty of care and liabilities might lead to unfair judgement and a continual misjudgement if the initial cases act as referrals.24 Mayer v A.N.S.T.O. [2003] FMCA 209 Decision from the highest court The Court declares that the respondent unlawfully discriminated against the applicant contrary to ss.7(1), 5(2), 14(2)(a) and 14 (2)(c) of the Sex Discrimination Act 1984 (Cth), by refusing to extend the applicant’s contract of employment for a period of more than one year, and by imposing a condition that the applicant work full-time following a period of maternity leave that the applicant could not accept, thereby leading to the constructive dismissal of the applicant.†25 The case of Mayer v Australian Nuclear Science and Technology Organisation [2003] FMCA 209 is another controversial human resource law related case. The case involves Mayer (an employee), who commenced to sue the employer, Australian Nuclear Science and Technology Organisation (ANSTO) (Mayer v A.N.S.T.O., 2003). It entails gender discrimination in the workplace with the themes of family responsibilities, sex, and pregnancy. Mayer, a business development manager, requested 12-months maternity leave from her employer. Her three-year contract was to expire during the maternity period, but it was extended for one year.26 The claimant insisted that the employer discriminated her based on her pregnancy in contract extension as others enjoyed extensions of more than two years. The defendant breached several sections of Sex Discrimination Act 1984 (Cth) (â€Å"the SDA†) that was actively working by then. The jury concluded that the appellant unlawfully discriminated the employee and the former was ch arged.27 Analogous cases to this case Several gender prejudice cases have existed and proven harmful to the human resources law and policies. The case of Fenton v Hair Beauty Gallery Pty Ltd Anor [2006] FMCA 3 and Cross v Hughes Anor [2006] FMCA 976 are complete replica of the initial case. Just like the case of Mayer v A.N.S.T.O., the case of Fenton v Hair Beauty Gallery Pty Ltd Anor carries important human resource laws and policies related facts as well as articulating important human rights, discrimination, and other related factors. It carries the facts about pregnancy and disability discrimination. The story of this case involves an applicant, who falls sick while pregnant and is consequently sent home on her attendance to the workplace and later dismissed from work. The dilemma remains whether the dismissal resulted from pregnancy or disability. The defendants are found guilty and charged with discrimination offences and made to pay the case damages and case interests un til judgement. The case of Cross v Hughes Anor is another replica of mistreatments resulting from discrimination and prejudice based on sexual discrimination at the workplace that violates human resource related laws. Melanie Cross, the case applicant, files a sexual harassment case against Justin Owen Hughes, Hokonui Enterprises Pty Ltd T/A, and Oakbank Insurance Services. Melanie seeks a concession over the three respondents to pay her compensation for economic loss. The court finds the three respondents guilty of sexual felonies against Melanie and the judges conclude significant charges over the respondents. They note that the first respondent, Justin Owen Hughes, is answerable for unlawful sexual harassment contrary to sections stipulated within the actively working Sex Discrimination Act 1984. Article discussing the initial case The legal analysis undertaken by Arnold Bloch Leibler has highlighted many facts pertaining to issues of gender biasness and disability related preju dice in an evaluation of employment industrial relations. Important aspects related to court judgements in relation to the case of Mayer v Australian Nuclear Science and Technology Organisation feature in this article. Leibler asserts, â€Å"A recent decision from the Federal Magistrates Court is a reminder to employers that requests to work part-time, based on family or carer responsibilities, warrant serious consideration.†28 This simple statement can reflect all the necessary facts that both employees and employers can better understand the issues concerning law and court processes. Leibler presents manifold discussions covering gender discrimination in comprehensiveness and connects these circumstances with certain contemporary cases that have emerged after the initial case. He tactfully connects his arguments and uses this case as a referral to the issue of Inappropriate IT usage in certain companies. Schiliro v Peppercorn Child Care Centre’s Pty Ltd [2000] QCA 1 8 Decision from the highest court â€Å"These proceedings relate to an incident which preceded application of the Work Cover Queensland Act 1996. Therefore, no consideration has been given in this case to arguable inconsistency between certain provisions in that Act, (especially s 312, s 313, and s 314) and the provisions of the Workplace Health and Safety Act that have been here considered. Questions concerning the effect of these Acts in combination must await another day. [74] On the findings of the primary judge, the claim of negligence is not established and it fails. It is therefore unnecessary to consider quantum. [75] The appeal must be dismissed with cost.†29 Schiliro v Peppercorn Child Care Centre’s Pty Ltd QCA 18 of (2000) is among the recently debated cases in the Supreme Court of Queensland concerning occupational heath and human resource related laws and policies. The case involves a childcare assistant who sustains injuries at work while transferring sa nd to sandpit. The case originated from District Court at Brisbane where an appellant, Schiliro Lisa, brought a claim against her employer Peppercorn Child Care Centres Pty Ltd., to the court after the aforementioned happenings. The predicament here is whether the court made a mistake by failing to justify if the employer was liable to breaching of laws governing constitutional duty or was unable to identify the risk associated with manual handling. After proper filing of an appeal in the Supreme Court of Queensland, the judges managed to make informed decisions based on the prevailing laws and acts. However, the appellant’s case remained unsuccessful depending on the prevailing acts as stipulated below. On the judgement, the Supreme Court, which ruled based on the Workplace Health and Safety Act 1995, noted that the respondent did not breach any law of statutory duty under section 28(1) of this act.30 Interrelated cases In relation to industrial law, safety, healthy, and wor k welfare, the breach of the case of Parry v. Woolworths Limited [2009] QCA 26 and the case of Griffiths v State of Queensland [2011] QCA 57 can best suit this profile. The case of Parry v. Woolworths Limited is among the contemporary cases within the Supreme Court of Queensland’s court of appeal. Akin to the case of Schiliro v Peppercorn Child Care Centre’s Pty, the case carries the concept of statutory powers and duties that involved breaching of statutory duty in the context of industrial laws and safety. Mervyn John Parry, an employee, proceeds to the Supreme Court to file a case against Woolworths Limited, the employer, after sustaining a lower back injury at the workplace. Foreseeability of the risk remained questionable though the appellant managed to win the case against the defendant who finally took the liabilities.31 The same issue prevails in the 2011 case of Griffiths v State of Queensland when an appellant, who is a nurse employee, went to court to sue Na mbour General Hospital. The appellant, Tracey Leanne Griffiths, proceeds to the court to take a legal action against her employer after acquiring a back injury while lifting medical equipment from a steel trolley. The quandary here remains whether the appellant failed to commence the proceedings against the employer for breaching statutory duty and actions of negligence, or whether the employer managed to discharge its operations in respect to the section Workplace Health and Safety Act 1995 (Qld). In addition, it remained controversial whether the employer exercised its obligations in sensible precaution and proper diligence or even if the judges made mistakes in finding the employer legally irresponsible for the liabilities in the case.32 Article discussing the initial case A comprehensive coverage featured in the Annual Report of the President of the Industrial Court of Queensland, where a broad discussion of industrial laws, policies, and related matters prevailed. 33 Apart from providing a succinct summary of the entire case of Schiliro v Peppercorn Child Care Centre’s Pty Ltd, the document examined and provided a broad discussion and summaries of cases relating to the Schiliro. Reference List AFS Catering Pty Ltd v Stonehill (2005) NSWCA 183 Allsop, J. Recurring issues in the New South Wales court of appeal (2012) http://www.supremecourt.lawlink.nsw.gov.au/agdbasev7wr/_assets/supremecourt/m670001l13/recurring_issues_31102012.pdf Cross v Hughes Anor (2006) FMCA 976. Czatyrko v Edith Cowan University (2005) 79 ALJR 839 Fenton v Hair Beauty Gallery Pty Ltd Anor (2006) FMCA 3 Finlay v State of Western Australia (2012) WADC 132 Gration v C Gillan Investments P/L (2005) QCA 184 Griffiths v State of Queensland (2011) QCA 57 Industrial Court of Queensland, Annual Report of the President of the Industrial Court of Queensland (2009) http://www.qirc.qld.gov.au/resources/pdf/aboutus/a_report/2009/a_report_2009.pdf Koehler v Cerebos (Australia) Ltd (2005) 1 5 Leibler, A.B. Employment industrial relations (2003) http://www.abl.com.au/ablattach/eirnwsltr030917.pdf Leichhardt Municipal Council v Montgomery (2007) HCA 6 Mayer v A.N.S.T.O. (2003) FMCA 209 Mendelson, D, ‘Modern Australian law of mental harm: parochialism triumphant’ (2005) 13 Journal of law and medicine 164-172. Northern Sandblasting Pty Ltd v Harris (1997) 39 Parry v. Woolworths Limited (2009) QCA 26 Pollard v Baulderstone Hornibrook Engineering Pty Ltd (2008) NSWCA 99 Residential Tribunal Bulletin, A fair hearing according to law (2001) http://www.cttt.nsw.gov.au/pdfs/Resources/Publications/Publication_archive/rtbull2.pdf Schiliro v Peppercorn Child Care Centre’s Pty Ltd (2009) QCA 18 Unreported, McHugh, Gummow, Hayne, Callinan and Heydon (2005) 15 Footnotes 1Koehler v Cerebos (Australia) Ltd (2005) 15 2 Ibid. 15 3 Ibid. 4McHugh, Gummow, Hayne, Callinan and Heydon (2005) JJ, 6 April 2005 5 Finlay v State of Western Australia (2012) WADC 132 6 Ibid 7 Me ndelson, D, ‘Modern Australian law of mental harm: parochialism triumphant’ (2005) 13 Journal of law and medicine 164-172 8 Finlay v State of Western Australia (2012) WADC 132 9 Mendelson, 117 10Ibid. 164 11Ibid. 172 12 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 13Ibid 14 Leichhardt Municipal Council v Montgomery (2007) HCA 6 15 Gration v C Gillan Investments P/L (2005) QCA 184 16Residential Tribunal Bulletin, A fair hearing according to law (2001) http://www.cttt.nsw.gov.au/pdfs/Resources/Publications/Publication_archive/rtbull2.pdf 17 Ibid 18 Czatyrko v Edith Cowan University (2005) 79 ALJR 839 19 Ibid 20 Ibid 21 AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183 22 Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 23 Allsop, J. Recurring issues in the New South Wales court of appeal (2012) http://www.supremecourt.lawlink.nsw.gov.au/agdbasev7wr/_assets/supremecourt/m670001l13/recurring_issues_31102012.pdf 24Ibid 25 Mayer v A.N.S.T.O. [2003] FMCA 209 26 Ibid 27Ibid 28Leibler, A.B. Employment industrial relations (2003) http://www.abl.com.au/ablattach/eirnwsltr030917.pdf 29Schiliro v Peppercorn Child Care Centre’s Pty Ltd [2000] QCA 18 30 Schiliro v Peppercorn Child Care Centre’s Pty Ltd [2000] QCA 18 31 Parry v. Woolworths Limited [2009] QCA 26 32 Griffiths v State of Queensland [2011] QCA 57 33 Industrial Court of Queensland, Annual Report of the President of the Industrial Court of Queensland (2009) http://www.qirc.qld.gov.au/resources/pdf/aboutus/a_report/2009/a_report_2009.pdf This assessment on Occupational Health: Safety and Human Resources Law was written and submitted by user Keira Reid to help you with your own studies. 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