Saturday, February 15, 2020
Faculty of Businnes, Environment and Society Assignment
Faculty of Businnes, Environment and Society - Assignment Example This issue can lead to serious monetary and non-monetary repercussions for the company. In the legal sense, the company has displayed an unacceptable level of negligence and casualty in the management of standard of care which should have been exercised adequately by the company to ensure that it maintained its reputation as a socially responsible enterprise. As such, it is the legal duty of Choc Deluxe now to take care of the situation so that the derogatory impacts of the incidence can be lessened if not mitigated completely. It cannot be denied that sheer negligence has been done on the part of Choc Deluxe which has resulted in the monetary and physical harm for the consumer of the product, Lauren. Thus, both the aspects of financial and physical losses and harm are associated with this incidence. Not only ahs her tooth and lips dammed because of biting the nail present in the chocolates but also she has to incur a high cost of 20000 for treating her broken tooth and the cut in he r lips. This is a form of pecuniary damage done to the plaintiff as per the tort of negligence (Buxton, 2000). This is because the plaintiff has been physically injured due to the negligent conduct of the company. Due to this, Choc Deluxe has to pay the monetary expenditures incurred in the treatment of the physical injuries and damages of the plaintiff, Lauren. In addition to this, Choc Deluxe should also issue a formal apology made to the plaintiff as a way of compensating for their negligence in non-monetary terms (Conaghan and Mansell, 2008). In this case, the liability of Choc Deluxe under the Tort of Negligence is high as there has been a significant lack of responsible behavior and exercising of the standard of care in the manufacturing processes and products of the company (Williams and Hepple, 2008). The incidence also brings into light the loopholes in the quality check
Sunday, February 2, 2020
Supreme Court Trilogy Decisions in 1960 Case Study
Supreme Court Trilogy Decisions in 1960 - Case Study Example The Steelworkers' Trilogy has significantly changed the way Arbitration is dealt with in America. The principles of law lifted from these cases served as the guidance and the primary basis in almost all of the decisions of the U.S. courts in arbitration cases that came into their attention for the succeeding years. This study will present the principles of law in relation to arbitration that were lifted from these cases. Specifically, this study aims to know, discuss, and analyze 1) the nature of the collective bargaining agreement, 2) the grievances that must be subjected to arbitration, 3) the scope of authority and powers of the arbitrators, and 4) the role of the courts in arbitration cases. 1) The basis for determining who has the authority for grievance proceedings is the Collective Bargaining Agreement (CBA) which is the contract entered into between the management and a recognized bargaining union of a company. 2) Arbitration is a contractual issue. As such, the courts should not intervene if both parties voluntarily agreed under the CBA to authorize an arbitrator to resolve disputes arising from different interpretations of the negotiated agreement. 3) Courts cannot look into the merits of the arbitration award. The courts' judicial review is only limited to the question of whether the contract authorizes arbitration of the particular issue in dispute. The resea4) If the agreement does not explicitly authorize arbitration or does not provide the forum for grievances, the courts should determine it. Methodology and Scope The researcher carefully read and thoroughly analyzed the decisions of the U.S. Supreme Court in these cases. He also researched and examined the opinions and findings of legal personalities and writers after these cases were decided. Aside from the trilogy cases, the researcher also made use of one additional case and six commentaries and/or researches, all were taken from reputable sources in the Internet. Review of Related Literature Rainseberger enumerated the common law treatment of voluntary remedies: "Traditionally, in the United States, the courts have looked with disfavor at efforts of private citizens to use voluntary methods to resolve contractual disputes. Many states courts have seen arbitration of disputes as an undesirable alternative to litigation. It is often viewed as an effort to supplant to jurisdiction of the courts. Under the common law, arbitrating agreements were regarded as purely executory. In other words, an agreement to arbitrate a dispute could unilaterally revoke at any time prior to the issuance of a final award." Gershenfeld stated that: "From the 1930s to the 1950s, it was not uncommon for management to argue that an arbitrator's task in disciplinary matters was limited to determining whether or not the incident of which the employee was accused had occurred. If it had, management claimed the arbitrator's task was over, and the assigned penalty should be upheld. This view did not prevail in the following years." In the case of Raceway Park v. Local 47 Service Employees International, the U.S. Court of Appeals (for Six Circuit), citing the International Association of Machinists v. Cuttler-Hammer (67 N.Y. S.2d 317), said: " Prior to 1960, states courts hesitated to enforce grievance arbitration provisions. Even where state courts were willing to enforce CBAs, they often did so
Saturday, January 25, 2020
Analysis of Demian by Hermann Hesse :: Demian Herman Hesse Germany Essays
Analysis of Demian by Hermann Hesse Demian is the story of a boy, Emil Sinclair, and his search for himself. Emil was raised in a good traditional home at the turn of the century in the nation of Germany. His family is very wealthy and they have a reputation as a principled, religious family. As a boy, Sinclair views the world within the walls of his home as representing all that is good, pure, and innocent. But starting at a young age, he feels an inner conflict between his own little world, the "world of light," and the outside world, or "forbidden realm" which represents sin and loneliness. Even though his mother, father, and two sisters remain within the "world of light", he constantly feels attracted to the outside realm. He ends up feeling uncertain between both of his little worlds, and not belonging to either one of them. This struggle between Sinclairââ¬â¢s two worlds is evident when Sinclair is about 10 years old. While playing one day with some fellow schoolmates, Franz Kromer, an older kid, joins them. In an effort to impress the older boy and his schoolmates, Sinclair makes up a story in which he and another unnamed accomplice stole a bag of apples from a fellow neighbor. Although the story is untrue, Kromer threatens Sinclair with exposure if Sinclair does not pay him off. Unable to pay the full amount, Sinclair is forced to become Kromerââ¬â¢s slave, ultimately sending Sinclair into depression and paranoia. Sinclair feels trapped by Kromer, forced to live within the "forbidden realm", which in turn exiles him from the "world of light" because he has defiled himself by lying and committing sinful acts for Kromer. This experience is traumatic for Sinclair and he is often haunted by nightmares, he is unable to eat, and he becomes withdrawn and sullen. His personality alters as he tries to cope with the bondage of his slavery to this lower-class, troublesome kid, but he sees no escape and reluctantly succumbs to what he believes to be his fate. The arrival of a new kid in tow n, Max Demian, is noticed by everyone due to the strange aura that surrounds him and his recently widowed mother. From the start, Sinclair feels a type of fascination for Demian, a confusing feeling filled with both love and hate. "He was in every respect different from all the others, was entirely himself, with a personality all his own which made him noticeable even though he did his best not to be noticed; his manner and bearing was that of a prince disguised among farm boys, taking great pains to appear one of them.
Friday, January 17, 2020
Gemstone and Diamond Mining Through the Years
Gemstones have been a symbol of wealth from the ancient times up to the present. These stones with their own characteristic, unique and special properties have always been associated to beauty too. Popular and famous persons throughout history, especially those from the noble family have used gemstone to adorn not only themselves but their dwellings as well. In the United States, mining of these stones has been for recreational activity only for collectors and hobbyists since 1935 (Gemstones Production, USGS). Nevertheless, as the value of gemstones inflated, large scale mining operations have been initiated. In this paper, we would explore the world of gemstones; what truly fits the word gemstone, how are they classified and the methods of mining.GemstonesThe word ââ¬Å"gemâ⬠actually came from the Latin word gemma, which means ââ¬Å"budâ⬠(Microsoft Encarta). It is a very fitting name since gems seem to bud out of the earthââ¬â¢s crust like flowers in a garden. Gem o r gemstone means any mineral or organic material that can be used to decorate oneââ¬â¢s body, for display or can be considered an object of art due to its unique properties it possesses such as beauty, rarity and durability. Colored and diamond gemstones are subcategories of gemstones. Basically, colored gemstones are all other stones except diamond such as amber, coral and shell (Olson 32.1).On the other hand, natural gemstones are minerals, stones or any organic matter that can be cut, polished, or treated for use as jewelry or other personal ornament (Gemstones Terms, USGS). Gemstones can be further classified as precious or semiprecious gemstones. Precious gemstones have beauty, durability and rarity, while semiprecious gemstones have only one to two of these characteristics (Gemstones Terms, USGS). Diamond, ruby, sapphire, emerald, aquamarine, topaz and opal are classified as precious gemstones while others are treated as semiprecious (Gemstones Terms, USGS). Since gemstones are rare, they are not plentiful and these stones do not form ores like other mining products. They tend to be scattered throughout a large body of rock or can be crystals found on small cavities of rocks (Gemstones Environment, USGS).Gemstones are primarily found from Tennessee, Alabama, Arkansas, North Carolina, Oregon and Arizona (Gemstones Specialist 64). However, most gem diamond reserves are not found in the United States. Diamonds are usually mined from Southern Africa, Russia, and Western Australia (Gemstones Specialist 65). The very first used as jewelry were amber, amethyst, coral, diamond, emerald, garnet, jade, lapis lazuli, pearl, rock crystal, ruby, serpentine and turquoise (Olson 32.1).In the US, the commercial gemstone industry consists of individuals and companies that mine gemstones or harvest shell and pearls, firms that manufacture synthetic gemstones and individuals and companies that cut natural and synthetic gemstones (Olson 32.1). Worldwide, the industry is only composed of two sectors: diamond mining and marketing and the production and sale of colored gemstones (Olson 32.3).Throughout the year, few of the diamonds mined are of gem quality; much of them are of near-gem and industrial in quality. Gem quality diamonds display high standards of excellence in quality and can be sold as jewelry. Clarity of such diamonds is from flawless through to visible inclusions. On the other hand, near-gem quality represents diamonds that fall between gem and industrial quality and thus can be used for either purpose. à Clarity of this set is from visible inclusions to industrial. Lastly, industrial quality diamonds are of low quality and cannot be used as jewelry or adornment. These diamonds are suitable only for industrial use such as dentistââ¬â¢s drills and earthmoving equipment (Mining Diamonds).Diamonds are formed beneath the earthââ¬â¢s surface and required tremendous pressure and temperature. Like diamonds, most gems are crystals forme d by cooling hot gases, solutions, and melts. As the earthââ¬â¢s soil surface weathers and erodes, and rivers forcefully flow through, gemstones may be exposed and be unearthed where one can even simply bend over the riverbank and pick them up (Microsoft Encarta).MiningOne of the two primary industries of early civilization is mining. Like agriculture, it is one of humankindââ¬â¢s earliest endeavors (Introduction to Mining 1). In 3400, Egyptians in Sinai did the first ever-recorded mining where they have found turquoise (Introduction to Mining 7). Usually, gemstones are excavated at the surface. However, through the years, underground mining especially for diamonds have been developed. Unlike surface mining, underground mining is more complicated and expensive. It involves the efficiency, safety and permanence underground (Introduction to Mining 11).Mining is the process of obtaining useful minerals from the earthââ¬â¢s crust. Its process requires excavations in underground mines and surface excavations in open pit or open cut mines. Thus, it involves physical removal of rock and earth to acquire gems and other important minerals. (Microsoft Encarta). Mining consists of four stages. These stages are prospecting or search for mineral deposits, exploration or the work included in evaluating the extent of economic value of the deposit, innovation or the work of preparing access to the deposit so that the minerals can be extorted from it and exploitation which is the process of extracting the minerals (Microsoft Encarta).Methods of MiningThere are several methods of mining. For gemstones, they are usually obtained on rivers and shores. However, there are also other ways of obtaining them in large scale mining operations. Exploitation methods can be classified into two categories based on setting which are surface and underground mining. Surface mining operations consists of mechanical excavation techniques such as open pit and open cast or strip mining. T here are also aqueous methods such as placer mining and solution mining. On the other hand, underground mining is usually categorized into unsupported, supported and caving methods (Introduction to Mining 11).Placer mining involves excavating loose or alluvial such as sand and gravel. The sought after gems are separated from the sand or gravel by a series of screens, jigs and sluices. This type of mining is usually used for diamonds and rubies (Microsoft Encarta). At present, surface mining involves production of blastholes 3-15 inches in diameter by rotary or percussion drills for the placement of explosives in order to remove consolidated rock. The explosives are then inserted and detonated. The material then is loaded and hauled for transport (Introduction to Mining 15).Diamond MiningDiamonds are mined by pipe or alluvial methods. In pipe mining, extraction of diamonds is done from volcanic pipes. Unlike other gems, diamonds are usually found underground and on volcanic rocks and lands. In diamond pipe mining, large areas are exploited wherein an average of 250 tons of volcanic rock is mined just to produce a one-carat gem quality polished diamond (Mining Diamonds). Due to this intricate and costly process, diamonds are really rare and precious. Diamond pipe mines are composed of kimberlite material called blue ground. At the start, kimberlite is dug from the surface by rough opencast mining. Nevertheless, as the surface deposits are exhausted, pipe mining is employed by sinking shafts into the ground at the edge of pipes and tunnels are driven into the deeper parts of the pipes. By doing so, diamond-bearing rock is excavated and is then transported for screening (Mining Diamonds).Another method of diamond mining is alluvial mining. In this method, diamonds are extracted from riverbeds or ocean beaches. It is true that diamonds are made inside volcanic pipes and lands, however, millions of years allowed that some of the diamonds formed are weathered out of the volcanic pipes and carried to great distances by rivers and oceans. Thus, the process of alluvial mining involves building a wall that holds back the surf. About 25 meters of sand is demolished aside to reach the diamond-containing level in the ocean and riverbeds. The diamond-containing sand is then acquired and transported to screening plants (Mining Diamonds).In screening plants, diamonds with kimberlite are cleaned and purified. Separation of the diamonds from the kimberlite ore involves a process much like the panning of gold. The kimberlite ore is put into large funnels along with a heavy fluid and is then, mixed in a rotating manner. Since diamonds are heavier than the other materials from which it is mined, they sink into the bottom of the funnels and spill out. After this process, the diamond is almost free from other waste (Mining for Diamonds).Diamonds can then be washed on shaking grease-covered tables. Uncut diamonds then adhere to the grease while the other fragmen ts of waste ore are vibrated past and are discharged to tailings pile. The tables are then scraped for diamonds in the grease and then are boiled to melt the grease and separate the diamonds (Microsoft Encarta). Finally, these diamonds are separated into different grades or quality as industrial, gemstone or near-gem grades.After-Mining OperationsRough uncut diamonds do not actually look attractive. Such diamonds are needed to be cut and polished before anyone can see their beauty and relevance in personal adornment and jewelry. The process of cutting and polishing originated in India where Indian natives discovered a way to make rough diamonds glisten by simply grinding another diamond against it (Mining Diamonds). Diamonds are known for their hardness, no material has ever been found which is capable of cutting diamond until the Indians found out that diamonds could actually be cut and polished by diamonds. The process of cutting and polishing typically lasts for several hours to several months. After which, the diamond will turn out lighter for at least half of its original weight (Mining Diamonds).Diamonds are first carefully examined before cutting. Diamonds are popularly cut into round brilliant since this shape gives the greatest possible brilliance with the minimal weight loss. Cutting uses an instrument similar to grinders. This cutting instrument is made of a paper-thin metal disc coated with diamond dust revolving at a fast speed. Lasers can also cut diamonds nowadays. The corners of the diamonds are then rounded by grinding another diamond producing some dust that can later be used in polishing. Diamonds are then polished to make them sparkle brighter. The diamond dust from the cutting is placed on a turntable made of iron and oiled. The cut diamond is then grinded against the turntable until it sparkles beautifully (Mining Diamonds).ConclusionGemstones are treasures not only of powerful people but also of mighty and ancient civilizations. As human kind became civilized, gemstones such as diamonds and sapphires became symbols of prosperity and elegance. Their crystalline structure, the rarity, and the arduous process of mining them have lived up to their symbolism throughout the years and continue to do so.Works Citedââ¬Å"Gemstones Environment.â⬠18 June 1997. United States Geological Surveys, USGS. 30 April 2008 < http://pubs.usgs.gov/gip/gemstones/environment.html>.à ââ¬Å"Gemstones Production.â⬠18 June 1997. United States Geological Surveys, USGS. 30 April 2008 < http://pubs.usgs.gov/gip/gemstones/production.html>.ââ¬Å"Gemstones Terms.â⬠18 June 1997. United States Geological Surveys, USGS. 30 April 2008 < http://pubs.usgs.gov/gip/gemstones/terms.html>.ââ¬Å"Gemstonesâ⬠. Gemstones Specialist (703) 648-7721, Mineral Commodity Summaries, January 1996. USGS. 30 April 2008 .ââ¬Å"Introduction to Mining.â⬠30 April 2008. .ââ¬Å"Mining.â⬠Microsoft Encarta 2007. 1993-2006 Microsoft Corpora tion. CD-ROM.ââ¬Å"Mining Diamondsâ⬠. 30 April 2008 .ââ¬Å"Mining for Diamonds.â⬠30 April 2008 .Olson, Donald. ââ¬Å"Gemstones.â⬠USGS 2000 Yearbook. USGS. 30 April 2008
Wednesday, January 8, 2020
Compare and Contrast the Narrators in Gullivers Travels...
Compare and contrast the narrators in Gulliverââ¬â¢s Travels and Frankenstein, the narrative methods, and the effects of these different ways of telling a story in Gulliverââ¬â¢s Travels and Frankenstein. Ravee Chen S2 English H Dr.Freisen 8 April 2010 Word count: 1491 Why do authors use different types of narrators? Jonathan Swift and Mary Shelly have both chosen a first-person narrator in their novels Gulliverââ¬â¢s Travels and Frankenstein. In Gulliverââ¬â¢s Travels the narrator is Gulliver and the book is a personal account of four voyages to unexplored lands around the globe. In the first voyage he winds up in Littleput where everyone is tiny. During his second trip he is taken to a land of giants calledâ⬠¦show more contentâ⬠¦In fact, in response to the Kingââ¬â¢s refusal Gulliver exclaims, ââ¬Å"A strange Effect of narrow Principles and short Views!â⬠(Swift 124) The values and ideology of imperial England are too deeply ingrained in Gulliver which causes bias that distances the reader. In book 4 when Gulliver first encounters the Houyhnhnms, rational and philosophical horses with near human intelligence, he says, ââ¬Å"they must needs be Magicians.â⬠(Swift 218) This wild statement proves that Gulliver, by bo ok 4, has become an unreliable narrator comparable to Frankenstein. His absurd and irrational way of thinking causes the reader is to be completely distanced from Gulliver. This mirrors the author-narrator gap that Jonathan Swift stated in the beginning of the book by labelling ââ¬Å"Leââ¬â¢Muel Gulliverâ⬠as the author not himself. Gulliverââ¬â¢s love for travel transforms him into a man who rejects humanity and is repulsed by even his own family and Frankenstein is changed into a madman by his scientific endeavours. A single narrator is used by Jonathan Swift in to highlight the decline of one man. If multiple narrators were used in this novel then his satire would be weaker since we would get many perspectives on the same event and the reader would not align themselves with a single narratorââ¬â¢s perspective. This single mindedness strengthens the satire. The telling of Gulliverââ¬â¢s Travels through a first person narrative allows enhances the satire of the European society and
Tuesday, December 31, 2019
Amide Definition and Examples in Chemistry
An amide is a functional group containing a carbonyl group linked to a nitrogen atomà or any compound containing the amide functional group. Amides are derived from carboxylic acid and an amine. Amide is also the name for the inorganic anion NH2. It is the conjugate base of ammonia (NH3). Key Takeaways: What Is an Amide? An amide is an organic functional group with a carbonyl bonded to a nitrogen or any compound containing this functional group.Examples of amides include nylon, paracetamol, and dimethylformamide.The simplest amides are derivatives of ammonia. In general, amides are very weak bases. Examples of Amides Examples of amides include carboxamides, sulfonamides, and phosphoramides. Nylon is a polyamide. Several drugs are amides, including LCD, penicillin, and paracetamol. Uses of Amides Amides may be used to form resilient structural materials (e.g., nylon, Kevlar). Dimethylformamide is an important organic solvent. Plants produce amides for a variety of functions. Amides are found in many drugs. Sources March, Jerry (2013). Advanced Organic Chemistry, Reactions, Mechanisms and Structure (7th ed.). Wiley. ISBN 978-0470462591.Monson, Richard (1971). Advanced Organic Synthesis: Methods and Techniques. Academic Press. ISBN 978-0124336803.Montalbetti, Christian A. G. N.; Falque, Virginie (2005). Amide bond formation and peptide coupling. Tetrahedron. 61 (46): 10827ââ¬â10852. doi:10.1016/j.tet.2005.08.031
Monday, December 23, 2019
The Principles Of Healthcare Governance - 925 Words
Governance is a set of ideas within a foundation that take on ethical behaviors and measurements to fulfill the practices of the mission of any healthcare organization. Its main purpose is to provide direction in an appropriate way to ensure that the quality and financial needs of all of its patients are provided successfully for each member of the community. Essentially, having the use of governance within an organization with the assistance of its members, which have been assigned certain responsibilities by making sure and overseeing each outcome by getting measurements, reports and then judging them accordingly? The article below will explain what the purpose of healthcare governance is in an organization and the roles each members plays making sure that it is followed through in accordance with each healthcare organization. Introduction Healthcare governance is the framework that organizations use to improve on their clinical, staff, corporate and financial performance (Verhovshek, 2015). It is set up into two pillars in healthcare which are corporate and clinical governance. The National Health Service introduced clinical governance in the Uni ted Kingdom as a framework to help organizations become accountable for improving on their quality of service to each patient by safe guarding and creating a safe environment which would involve excellence in clinical care. 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