Corporate Law Essay Example | Topics and Well Written Essays - 2500 words

Corporate Law - Essay Example A company's safety culture will be among the factors that a jury will have to consider. Those who have campaigned for directors and senior management to be held personally accountable will be disappointed. (Baker 2007, 22-22) The act does not apply to individuals, there are no prison sentences and the maximum penalty is an unlimited fine. Individuals can still be prosecuted for manslaughter under common law and the Health and Safety at Work Act 1974. The new law will make a considerable difference to employers' accountability for heath and safety. The most important change is that there will be convictions under this act, which prosecutors were unable to secure under previous law except in the case f a few small companies. The days f "no case to answer" submissions for high-profile corporate manslaughter cases are gone. Juries will convict, judges will impose significantly higher fines, and courts will be able to make a "publicity order" forcing guilty employers to publicise their offence and the penalty. The other main dThe other main difference is that, from now on, almost every workplace fatality will lead to a corporate manslaughter investigation by the police and the Health and Safety Executive (HSE). Probably only a handful will result in a prosecution, but employers will face years f uncertainty and intrusive investigation focusing on the actions f senior management. So it's vital organisations have clear reporting lines and that managers have defined roles and responsibilities. The HSE recommends appointing a board-level health and safety director. Businesses should have up-to-date organisational charts and ensure job profiles and remits actually reflect the roles carried out. These should be reviewed after restructuring, acquisitions or disposals to ensure clear lines remain intact or have been created to cover all operations. If these kinds f details are absent, this will no doubt be drawn to the jury's attention by the prosecution. A corporate manslaughter investigation will also look for a "safety culture" in organisations. Employers should be able to show they have robust safety management systems that are reviewed regularly, and staff trained in the most relevant and up-to-date health and safety procedures. There should also be an open attitude to the raising f concerns. A clear whistle-blowing policy would demonstrate a transparent safety culture. Staff should be aware f the policy, those handling disclosures should be trained appropriately, and employee and manager health and safety training recorded on file. Even with exemplary policies, a corporate manslaughter criminal investigation will involve police scrutiny over a long period, possibly including arrest and interviews under caution. Staff may need support, legal representation, counselling

See Description Essay Example | Topics and Well Written Essays - 1000 words

See Description - Essay Example First, the act of having favorites among siblings is a major cause of sibling rivalry. This is a situation where parents treat the children differently. As such, a child, or children may feel neglected in favor of brothers or sisters. This creates a gap between them in their relationship. The children cannot interact or coexist peacefully. Hostilities are imminent. Unequal treatment may be in form of parents rewarding some children and not appreciating the efforts of the others. Consequently, ignoring the contribution of some siblings to the family is also a dangerous factor that leads to rivalry. Siblings assume that they do not belong to the same family. Another basis is the treatment accorded to a newborn in the family. According to Goldenthal, children feel neglected when parents shift their care and attention to nursing a newborn (12). More often, the arrival of newborn has been associated with shifts in attention from the older children to the infant. As such, the older children may feel disappointed and develop a cold attitude towards the newborn. The rivalry may continue as far as the parents treat the children differently. When parents send a child or children to live with relatives while other children are left is seen as discrimination. Children who are left behind are seen to derive more favor and affection from the parents. On the other hand, children who are sent away feel like they do not belong. Thus, the rivalry between the children who ‘do not belong’ and those who ‘belong’ is unavoidable (10). As stated earlier, sibling rivalry is detrimental to family welfare and thus should be avoided at all. As such, parents should always look out for signs of alienation in the family. The major actions that can mitigate sibling rivalry are; detect the presence of bullying in the family, avoid favoritism, talk to children later, parents should never get into children fights, ask straight questions. Parents are in the best