Civil Proceedings - John Tobin and the Department of Industrial Assignment

Civil Proceedings - John Tobin and the Department of Industrial Accidents - Assignment Example The plaintiff seeks that his case should be remanded to a lower judge so that more evidence can be gathered related to the statute applicable to his case. In addition, he seeks to prove that he is entitled to receive social security benefits and employee pension despite being inactive for two years in the labour market. The employees appeal was submitted in and heard by a single judge in the Appeals Court. The Appeals Court upheld the orders of the reviewing board of the Department of Industrial Accidents. His request that this issue should be remanded to a lower judge for further consideration of evidence and findings stands rejected. Furthermore, the Court rejected the employees contention based on the Federal Age Discrimination in Employment Act (ADEA) (CASE). John Tobin started working as the custodian of Stoughton Police department in 1978. In 1988, he injured his shoulder while cleaning an overhead light fixture. Consequently, surgical procedures were performed on his shoulder; He received two payments out of the workers' compensation benefit on 15th October 1988 and 29th October 1991. John Tobin had been unemployed for two years and over the age of sixty-five by 29th October 1991 when he received the second payment. The administrative judge passed an order that John Tobin is not entitled to receive employee benefits. He appealed against the order to the reviewing board but two out of the three judges on board affirmed the orders passed by the administrative judge. The issues relate to whether John Tobin is entitled to receive employee benefits as he is above sixty-five years of age and has been out of labour market for over two years. Additionally, if he is entitled to receive compensation payments as he was injured prior to the amendment in the General Law, which laid down certain restrictions on compensation payments. The orders of the reviewing board were affirmed so they won this case. The Appeals Court rejected the employees argue that the General Laws c. 152, Â § 35 are in contravention of the Fourteenth Amendment to the United States Constitution and the Declaration of the Rights of the Massachusetts Constitution.

Organization Theory and Design Essay Example | Topics and Well Written Essays - 750 words

Organization Theory and Design - Essay Example Things have never moved so fast and threats and opportunities have never been so immense. Competitors have to be efficient and different to survive and stay on the top. Daft continues and presents the most recent developments in organizations' design - structures and management methods that have only emerged lately in response to the turbulences in the environments and competition worldwide. The rise of an emerging managerial philosophy of efficiency, system, and process is, according to Daft, reflected in the forms of internal communication that serve as mechanisms for managerial coordination and control. These have developed as a product not only of changing organizational needs but also of the technologies available to support them. Forms of organizational communication can thus be organized into specific and recognizable 'genres' such as letters, memorandums, meetings, agendas, proposals etc. These technologies as used by principals and senior managers within colleges not only to account for, but also to promote and disseminate, specific leadership visions and objectives. The overflow of more general managerial philosophies into the realm of globalizations in recent years has included the need to demonstrate competence, compliance and effectiveness to a variety of audiences. Going with Daft's idea1, the purpose of my study would suggest that this need for visible competence is now a dominant theme, driven by external inspection, funding and governance mechanisms as well as the service culture expectations of users and other stakeholders. Such 'audit cultures' (Strathern, 2000) are increasingly common in both public institutions and private enterprise, reflecting the need to perform a new kind of accountability based around the twin goals of economic efficiency and good practice. The concept of the audit, previously constrained within financial applications, has now expanded to become a ubiquitous element of daily life, with the learning and skills sector being no exception. The result is a raft of 'technologies of accountability'. The pan-national corporation, with its inherently complex structure, is the organizational form most severely affected by globalization. It is therefore important for the management of such corporations to improve the control and coordination of the corporations' spatially dispersed subsidiaries. Information technology (IT) has been hailed as an important tool in changing traditional control and coordination processes in complex environments. IT is being used for changing the nature of the relationship between headquarters and subsidiaries in a manner that makes the pan-national corporation more global in orientation. This is occurring as operations and decision-making processes in subsidiaries are redesigned in order to improve global management and local responsiveness Technology serves to shape the manner in which leadership work is