Profile of Serial Killer Arthur Shawcross

Arthur Shawcross, also known as The Genesee River Killer, was responsible for the murders of 12 women in upstate New York from 1988 to 1990. This was not the first time that he killed.  In 1972 he confessed to the sexual assault and murders of two children. Early Years Arthur Shawcross was born on June 6, 1945, in Kittery, Maine. The family relocated to Watertown, New York, a few years later. From early  on,  Shawcross was socially challenged and spent much of his time alone. His withdrawn behavior earned him the nickname oddie from his peers. He was never a good student failing  both behaviorally and academically during his short time at school. He would often miss classes, and when he was there, he regularly  misbehaved and had the reputation of being a bully and picking fights with other students. Shawcross  dropped out of school  after failing to pass the ninth grade. He was 16 years old.  Over the next few years, his violent behavior intensified, and he was suspected of arson and burglary. He was placed on probation in 1963 for breaking the window of a store. Marriage In 1964 Shawcross married and the next year he and his wife had a son. In November 1965 he was put on probation on a charge of unlawful entry. His wife filed for divorce soon afterward, stating that he was abusive. As part of the divorce, Shawcross gave up all paternal rights to his son and never saw the child again. Military Life In April 1967 Shawcross was drafted into the Army. Right after receiving his draft papers he married for the second time. He was sent to Vietnam from October 1967 until September 1968 and was  then stationed at Fort Sill in Lawton, Oklahoma.  Shawcross later claimed that he killed 39 enemy soldiers  during combat. Officials disputed it and attributed him with a combat kill of zero. After his release from the Army, he and his wife returned to Clayton, New York. She divorced him shortly afterward citing abuse and his propensity to being a  pyromaniac  as her reasons. Prison Time Shawcross was sentenced to five years in prison for arson in 1969. He was released in October 1971, after serving just 22 months of his sentence. He returned to Watertown, and by the following April, he was married for the third time and working for the Public Works Department.  Like his previous marriages, the marriage was short and ended abruptly after he  confessed to murdering two local children. Jack Blake and Karen Ann Hill Within six months of each other, two Watertown children went missing in September 1972. The first child was 10-year-old Jack Blake. His body was found a year later out in the woods. He had been sexually assaulted and strangled to death. The second child was Karen Ann Hill, age 8, who was visiting Watertown with her mother for the Labor Day weekend. Her body was found under a bridge. According to autopsy reports, she had been raped and murdered, and dirt and leaves were found jammed down her throat. Shawcross Confesses Police investigators arrested Shawcross in October 1972 after he was identified as the man who was with Hill on the bridge right before she disappeared.   After working out a plea deal, Shawcross confessed to murdering Hill and Blake and agreed to divulge the location of Blakes body in exchange for a charge of manslaughter in the Hill case and no charges for murdering Blake. Since they had no solid evidence to convict him in the Blake case,  prosecutors agreed, and he was found guilty and given a 25-year-sentence.   Freedom Rings Shawcross was 27 years old, divorced for the third time and would be locked away until the age of 52, but after serving just 14 1/2 years,  he was released from prison.   Being out of prison was challenging for Shawcross once word would get  out about his criminal past. He had to be relocated to four different cities  because of community protests. A decision was made to seal his records from public view, and he was moved one final time. Rochester, New York In June 1987, Shawcross and his new girlfriend, Rose Marie Walley, were relocated to Rochester, New York. This time there were no protests because Shawcross parole officer failed to report to the local police department that a child rapist and murderer had just moved into town. Life for Shawcross and Rose became routine. They got married, and Shawcross worked various low-skilled jobs. It did not take long for him  to become bored with his new menial life. Murder Spree In March 1988, Shawcross began cheating on his wife with a new girlfriend. He also was spending a lot of time  with prostitutes. Unfortunately, over the next two-year,  many of the prostitutes that he got to know would end up dead. A Serial Killer on the Loose Dorothy Dotsie Blackburn, 27, was a cocaine addict and prostitute who often worked on Lyell Avenue, a section in Rochester that was known for prostitution. On March 18, 1998, Blackburn was reported missing by her sister. Six days later her body was pulled from the Genesee River Gorge. An autopsy revealed that she had suffered severe wounds from a blunt object. There were also human bite marks found all around her vagina. The cause of death was strangulation. Blackburns lifestyle opened up a broad range of possible suspects for case detectives to investigate, but with too few clues the case eventually went cold In September, six months after Blackburns body was found, the bones from another missing Lyell Avenue prostitute, Anna Marie Steffen, was found by a man who was collecting bottles to sell for cash. Investigators were unable to identify the victim whose bones were found, so they hired an anthropologist to reconstruct the victims facial features based on a skull that found on the scene. Steffens father saw the facial recreation and identified the victim as his daughter, Anna Marie. Dental records provided additional confirmation. Six Weeks - More Bodies The decapitated and decomposing remains of a homeless woman, 60-year-old Dorothy Keller, was found on October 21, 1989, in the Genesee River Gorge. She died from having her neck broken. Another Lyell Avenue prostitute, Patricia Patty Ives, 25, was found strangled to death and buried under a pile of debris on October 27, 1989. She had been missing for nearly a month. With the discovery of Patty Ives, investigators realized that it was a strong possibility that a serial killer was loose in Rochester. They had the bodies of four women, all who went missing and were murdered within seven months of each other; three had been murdered within a few weeks of each other; three of the victims were prostitutes from Lyell Avenue, and all the victims had bite marks and had been strangled to death. Investigators went from looking for individual killers  to looking for a serial killer and the window of time between his kills was getting shorter. The press also grew interested in the murders and dubbed the killer as the Genesee River Killer, and the Rochester Strangler. June Stott On October 23, June Stott, 30, was reported missing by her boyfriend. Stott was mentally ill and would occasionally vanish without telling anyone. This, along with the fact that she was not a prostitute or drug user, kept her disappearance separated from the serial killer investigation. Easy Pickins Marie Welch, age 22 was a Lyell Avenue prostitute who was reported missing on November 5, 1989. Frances Franny Brown, age 22, was last seen alive leaving Lyell Avenue on November 11, with a client known by some of the prostitutes as Mike or Mitch. Her body, nude except for her boots,  was discovered three days later dumped in the Genesee River Gorge. She had been beaten and strangled to death. Kimberly Logan, 30, another Lyell Avenue prostitute, was found dead on November 15, 1989. She had brutally kicked  and beaten, and dirt and leaves were crammed down her throat, much like Shawcross did to 8-year-old, Karen Ann Hill. This one piece of  evidence could have led the authorities right to Shawcross, had they known that he was living in Rochester. Mike or Mitch At the beginning of November, Jo Ann Van Nostrand told police about a client named Mitch who paid her to play dead and then he would try to strangle her, which she did not allow. Van Nostrand was a seasoned prostitute who had entertained men with all kinds of particularities, but this one - this Mitch - managed to give her the creeps. This was the first real lead the investigators received. It was the second time that the man with the same physical description, named Mike or Mitch, had been mentioned in reference to the murders. Interviews with many of the Lyle prostitutes indicated that he was a regular and that he had the reputation of being violent.   Game Changer On Thanksgiving Day, November 23, a man walking his dog discovered the body June Stott, the one missing person that the police did not connect to the serial killer. Like the other women found, June Stott suffered a vicious beating before dying. But death did not end the killers cruelty. An autopsy revealed that Stott had been strangled to death. The corpse was then anally mutilated, and the body was cut opened from the throat down to the crotch. It was noted that the labia had been cut off and that the killer likely had  it in his possession. For detectives, June Stotts murder sent the investigation into a tailspin. Stott was not a drug addict or a prostitute, and her body had been left in an area far from the other victims. Could it be that Rochester was being stalked by two serial killers? It seemed as if each week another woman went missing and those found murdered were not close to being solved. It was at this point that the Rochester police decided to contact the F.B.I. for help. F.B.I. Profile The F.B.I. Agents sent to Rochester created a profile of the serial killer. They said  that the killer showed characteristics of a man  in his 30s, white, and who knew his victims. He was probably a local man familiar with the area, and he probably had a criminal record. Also, based on the lack of semen found on his victims, he was sexually dysfunctional and found gratification after his victims were dead. They also believed that the killer would return to mutilate the bodies of his victims when possible. More Bodies The body of Elizabeth Liz Gibson, 29, was found strangled to death on November 27, in another county. She was also a Lyell Avenue prostitute and was last seen by Jo Ann Van Nostrand with the Mitch client who she had reported to the police in October. Nostrand went to the police and gave them the information along with a description of the mans vehicle. The F.B.I agents strongly suggested that when the next body was found, that investigators wait and watch to see if the  killer returned to the body. The End of a Bad Year Had investigators hoped that the busy December holiday season and the cold temperatures might slow down the serial killer, they soon found out that they were wrong. Three women disappeared, one right after the other: Darlene Trippi, 32, was known for pairing up for safety with veteran Jo Ann Van Nostrand, yet on December 15, she like others before her, disappeared off Lyell Avenue.June Cicero, 34, was a seasoned prostitute known for her good instincts and for always staying alert, yet on December 17 she also vanished.And as if to toast in the New Year, the serial killer attacked one more time on December 28, plucking 20-year-old Felicia Stephens off the streets. She too was never seen alive again. A Spectator In an effort to find the missing women, police organized  an air search of the Genesee River Gorge. Road patrols were also sent out, and on New Years Eve, they found a pair of black jeans belonging to Felicia Stephens. Her boots were found in another location after the patrol expanded the  search. On January 2, another air and ground search was organized and right before calling it off due to bad weather, the air team spotted what appeared to be the body of a half-nude female  laying face down near the Salmon Creek. As they went down to get a closer look, they also spotted a man on the bridge above the body. He appeared to be urinating, but when he spotted the aircrew, he immediately fled the scene in his van.The ground team was alerted and went in pursuit of the man in the van. The body, which was surrounded by fresh footprints in the snow, was that of June Cicero. She had been strangled to death, and there were bite marks covering what was left of her vagina which had been cut out. Gotcha! The man from the bridge was apprehended at a nearby nursing home. He was identified as Arthur John Shawcross. When asked for his drivers license, he told the police that he did not have one because he had been convicted of manslaughter. Shawcross and his girlfriend Clara Neal were brought to the police station for questioning. After hours of interrogation, Shawcross still maintained that he had nothing to do with any Rochester murders. He did, however, offer up more details about his childhood, his past murders and his experiences in Vietnam. Shocking Admissions There is no definitive answer as to why Shawcross seemed to embellish the stories of what he did to his victims and what had been done to him throughout his childhood. He could have remained silent, yet it seemed he wanted to shock his interrogators, knowing that they could do nothing to him, regardless of how he described his crimes. When discussing the murders of the two children in 1972, he told the detectives that Jack Blake had been bothering him, so he hit him, killing him by mistake. Once the boy was dead, he decided to eat his genitals. He also admitted that he anally raped Karen Ann Hill before strangling her to death. Vietnam Murders While in Vietnam, along with killing 39 men  during combat (which was a proven lie) Shawcross also used the venue to describe in grotesque details  how he murdered, then cooked and ate, two Vietnam women. Family Reactions Shawcross also talked about his childhood, as if using the experience as a way to justify his horrific acts. According to Shawcross, he did not get along with his parents and his mother was domineering and extremely abusive. He also claimed that an aunt sexually molested him when he was 9 years old and that he acted out by sexually molesting his younger sister. Shawcross also said that he had a homosexual relationship at age 11 and experimented with bestiality not long afterward. Shawcross family members strongly denied that he was abused and described his childhood as normal. His sister was equally vehement about never having had a sexual relationship with her brother. As to his aunt sexually abusing him, It was later determined,  that if he had been abused, he somehow blocked out his aunts name because the name that he gave did not belong to any of his real aunts. Released After listening to hours of his self-serving saga, investigators still were unable to get him to admit to any of the Rochester murders. With nothing to hold him on  the police had to let him go, but not before taking his picture. Jo Ann Van Nostrand along with other prostitutes identified the police picture of Shawcross as the same man they called Mike/Mitch. It turned out that he was a regular customer of many of the women on Lyell Avenue. Confessions Shawcross was brought in for questioning a second time. After several hours of interrogation, he still denied having anything to do with the murdered women. It was not until the detectives threatened to bring his wife and his girlfriend Clara in together for questioning  and that they could  be implicated in the murders, did he begin to waver. His first admission that he was involved in the murders was when he told police that Clara had nothing to do with it. Once his involvement was established, the details began to flow. The detectives gave Shawcross a list of 16 women missing or murdered, and he immediately denied having anything to do with five of them. He then confessed to murdering the others. With each victim that he confessed to the killing, he included  what the victim had done to deserve what they got. One victim tried to steal his wallet, another wouldnt be quiet, another made fun of him, and yet another had nearly bitten off his penis.   He also blamed many of the victims for reminding him of his domineering and abusive mother, so much so that once he began to hit them, he couldnt stop. When it came time to discuss June Stott, Shawcross appeared to become melancholy. Apparently, Stott was a friend and had been a guest in his home. He explained to the detectives that the reason he mutilated her body after killing her was a kind favor he extended to her so that she would decompose faster. Reaching Through the Prison Bars A common trait of serial killers is the desire to show they are still in control and can reach through the prison walls and still do damage to those outside.   When it came to Arthur Shawcross, this certainly appeared to be the case, because, throughout the years when interviewed,  his answers to the questions seemed to change depending on who was doing the interviewing. Female interviewers were often subjected to his long descriptions of how much he enjoyed eating the body parts and organs that he had cut out from his victims. Male interviewers often had to listen to his conquests in Vietnam. If he thought he sensed sympathy from the interviewer, he would add more details about how his mother would insert sticks into his anus or offer up specific details into exactly how his aunt took sexual advantage of him when he was just a child. Shawcross was transparent, so much so that the interviewers,  detectives, and doctors that listened to him,  doubted much of what he said when he would describe his childhood  abuse and his enjoyment of cutting up women and  eating body parts. The Trial Shawcross pleaded not guilty by reason of insanity. During his trial, his lawyer tried to prove that Shawcross was a victim of multiple personality disorder stemming from his years of being abused as a child. Post-traumatic stress disorder from his year in Vietnam was also anted up as a reason why he went insane and murdered women. The big problem with this defense was that there was no one who backed up his stories. His family completely denied his accusations of abuse. The Army provided proof that Shawcross was never stationed near a jungle and that he never fought in combat, never burned down huts, was never caught behind a firebomb and never went on jungle patrol as he claimed. As to his claims to have killed and devoured two Vietnam women, two psychiatrists that interviewed him agreed that Shawcross changed the story so often that it became unbelievable. Extra Y Chromosome It was discovered that Shawcross had an extra Y chromosome  which some  have suggested (although there is no proof) makes the person more violent. A cyst found on Shawcross right temporal lobe was said to have caused him to have behavioral seizures where he would display animalistic behavior, such as eating the body parts of his victims. In the end, it came down to what the jury believed, and they werent fooled for a moment. After deliberating for just one-half hour, they found him sane and guilty. Shawcross was sentenced to 250 years in prison and received an additional life sentence after pleading guilty to the murder of Elizabeth Gibson in Wayne County. Death On November 10, 2008, Shawcross died of cardiac arrest after being transferred from the Sullivan Correction Facility to an Albany, New York hospital. He was 63 years old.

The History of Harlem - Cultural Epicenter of America’s...

Over a significant time frame, African Americans have been forced to endure numerous hardships – one of which being the negatives stigmas that unfairly generalize their people, culture and way of life. Therese stereotypes of a whole nationality label Blacks as, â€Å"superstitious, lazy, ignorant, dirty, unreliable, (and even) criminal,† (â€Å"Stereotypes†). Such generalizations are products of the public’s perception, which has been diluted by rooted historic and current prejudice as well as the media’s conveyance of a well-known African American cultural center: Harlem. Despite negative connotations associated with it, Harlem stands as a community that strives to flourish and maintain its strong cultural status. George Canada, the founder of the†¦show more content†¦These words, despite them coming straight out of an encyclopedia, hold a sense of pride. Weisbrot informs the reader the 20s were an obvious time for change, and states that Harlem was recognized as having great influence in African community and culture. In earlier American history, African Americans were unfairly excluded from the opportunity to be individuals or express themselves culturally. In the 20s, Harlem created an area where they are free to do so. According to Reuben’s account, which also carries it with a sense of pride, the Harlem Renaissance was a profound period in African American culture. This was more than a literary movement - it was a period of racial consciousness, as Marcus Garvey, a dynamic African leader, boldly dubbed â€Å"the back to Africa† movement. Being a prolific leader of the time, Garvey uses his influence to encourage cultural change. By looking back on the accomplishments of the time there is proof that this occurred, â€Å"the Harlem Renaissance brought the Black experience clearly within the General American cultural history,† (Reuben). After World War I, Reuben suggests that the Renaissance st ill flourished. Morale was rising again, and there was opportunity for American citizens to enjoy various forms of entertainment, which proliferated the Harlem Renaissance. The 20s was also known as

Commercial Transaction Negligent Misstatement

Question: Discuss about theCommercial Transactionfor Negligent Misstatement. Answer: Issues There are three issues that arose in the given case study. The same are: Whether any negligent misstatement has been made? If yes, then by whom? Whether any liability can be imposed upon John/Abacus and Associates for the loss caused to Fed, Southpac Bank and to the parents of Fred for a negligent misstatement? Whether the liability so raised under negligent misstatement has been excluded? Relevant Law A negligent misstatement is a kind of advice or information which is provided honestly but is misleading or false. Earlier in Derry v Peak (1889) 12 App Cas 337, the court held that no action for deceit can be established which is based on negligent misstatement because a misrepresentation which is non-fraudulent cannot establish duty of care in absence of fiduciary relationship or contract. But, in Hedley Byrne Co v Heller Partners [1964] AC 465, the decision of Derry case was reviewed and it was held that negligent misstatements may result in incurring of liability when an unskilled person sought information/advice from a skilled person and that skilled person is aware that his advice/information will be relied upon by the unskilled person. The decision is later applied in Mutual Life Citizens Assurance Co Ltd v Evatt (1968) 122 CLR 556. (Negligent Misstatement, 2014) However, in L Shaddock v Parramatta City Council (No 1) (1981) 150 CLR 225 San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (NSW) (1988) 162 CLR 340, it was held that it is not always necessary to establish that the speaker must possess any special skill/knowledge in order to hold him liable for negligent misstatement. The basic requirements for negligent misstatement are: (Christensen et.al, 2008) Mere negligent misstatement does not make a speaker liable, it is necessary that such a speaker owns a duty of care. The duty of care is imposed when the risk which may be caused is reasonably foreseeable. Further, the speaker and the plaintiff must be neighbors of each other, that is, there is a direct impact on the speakers advice or information upon the plaintiff and thus there is a duty upon the speaker to provide information in such a manner so that no harm is caused to the plaintiff (Donoghue v Stevenson [1931] UKHL 3. It is not necessary that the relationship must be contractual in nature. The speaker is obligated to take adequate care while furnishing information or advice even when there is fiduciary relationship amid the parties Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520. It is important to establish that the plaintiff has relied on the advice of speaker in order to impose upon him the legal duty of care. The speaker must be aware that the plaintiff is relying upon him and in such situation he must be very careful while furnishing any information to him (Shaddock Associates Pty Ltd V Parramatta City Council [1981] HCA 59; (The Law Teacher, 2016) The duty of care which is imposed upon the speaker must be breached by him. The duty is breached when the speaker is not able to get the required level of degree of care that is necessary in the given situation. The degree of care increases when the speaker is aware that the plaintiff is relying on his information/advice and thus the speaker must be extra cautious while furnishing any information/advice. It is necessary that the plaintiff have suffered damage by relying on the information/advice of the speaker and thus there must be presence of causation. Also, the damage must not be remote and must be reasonably foreseeable by the parties. Now, the plaintiff can also recover pure economic losses which incur because of the negligent misstatements of the speaker (Sutherland Shire Council v Heyman (1985) 157 CLR 424 Perre v Apand Pty Ltd (1999) 198 CLR 180. Further, many times when the speaker is providing any advice or information then he specifically submits that he does not accept any kind of responsibility of the losses that might be incurred by the plaintiff by relying on the advice or information so furnished by the speaker to the plaintiff. In such situation, the speaker has excluded his duty of care that is imposed upon him in law and is held in Hedley Byrne Co v Heller Partners [1964] AC 465. It is thus important that whether there is application of exclusion clause or not in a particular situation is a matter of construction and the rules of incorporation. Once a disclaimer is provided then it results in the ceasing the legal duty of care upon the speaker. (Negligent Misstatement, 2014) Vicarious liability is a kind of tort law wherein an employer is held liable for the actions of his employee. In order to hold an employee liable under vicarious liability it is necessary to establish few relevant points. That is: (Unistudyguide, 2016) The relationship amid the parties is that of an employer employee (Hollis v Vabu(2001); That the employee is carrying out the actions within the course of employment (Limpus v London General Omnibus Co(1962); That the employer is controlling the actions of the employee; That the employee is acting as per the direction of the employer; That the actions of the employee are not personal in nature, that is, revenge or anger. If such conditions are satisfied then any damage which is caused to a third party because of the acts of an employee will make an employer liable for the same. Application of Law Fred intends to expand his business but does not have any knowledge of accounts and how the business should be developed. So he took the help of his old friend john who is working in Abacus and Associates (where he is acting as a client manager for advice). A pre condition was imposed upon John by Abacus that any advice furnished by him must be approved by any partner of the firm. John provided an advice to Fred wherein he suggests that Fred must expand his business and must take loan from a bank. But, the advice so furnished is a negligent misstatement. The basic reasons to consider the advice as negligent misstatement are: John and Fred are in a special kind of relationship where John is has requisite skill and knowledge to provide a sound advice whereas Fred has no knowledge in the said field and thus is relying on the advice of John. Since John is aware that Fred is relying on his advice, thus, he is imposed with a duty of acre to provide sound advice. The duty exists because the parties are in proximate relationship and John can reasonably foresee the harm that might be incurred by Freed if any wrong advice is furnished by him. However , the level of care is not cater by John by providing advice as his advice is based on internet research and the accounts provided by Fred but he failed to take into account the set up costs, liabilities and the presence of a national competitor. Thus, the duty was breached by John Because of breach, Fred has suffered losses. Thus, there is a clear negligent misrepresentation which is made by John. Further, the acts of John will make Abacus liable under the law of vicarious liability. This is because, John was employed by Abacus and the negligent actions which are undertaken by John was within the course of employment. Though the action is not authorized by Abacus (as no permission is taken by the partner of the firm) however still he has a letter which depicts the same and thus, Abacus must be vicariously liable for the acts of John. Hence, both John and Abacus are liable for causing loss to Fred. However, the liability is not excluded in any manner whatsoever. This is because, the business plan which is so developed by John and Abacus does not contain any disclaimer to support the same. Also, John and Abacus are also answerable to the loss that is suffered by Bank. In the law of negligent misstatement there is must be presence of special relationship regardless whether the same is contractual or not. When the business plan was made by John, he also issue a letter in the name of bank along with the plan which is signed by one of the partner. Thus, John has violated his duty of care which he must cater against the bank as he knows that the bank will rely on the plan prepared by him, however, he still does not acted with his duties causing loss to the bank. Thus, Bank can sue john and Abacus. But, John and Abacus can exclude their liabilities against the bank because they have mentioned a disclaimer regarding the same in the letter and thus have thus shed away their responsibility of duty of care. However, John and Abacus are not liable to the loss caused to the parent because there is no proximate relationship amid John/Abacus and neither the parents nor the harm was reasonably foreseeable. Conclusion Thus, John and Fred are only liable to the Fred for his loss. Whereas, they are answerer to bank as the liability is excluded and they are not liable to patents as there is no duty of care which is imposed Reference List Books/Journals/Articles. Christensen et.al. 2008. Shifting paradigms of government liability for inaccurate information. https://elaw.murdoch.edu.au/archives/issues/2008/2/elaw_15_2_Stickley.pdf. [viewed on 22nd September 2016]. Case Laws Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520. Derry v Peak (1889) 12 App Cas 337. Donoghue v Stevenson [1931] UKHL 3 Hedley Byrne Co v Heller Partners [1964] AC 465. Hedley Byrne Co v Heller Partners [1964] AC 465. Hollis v Vabu(2001). L Shaddock v Parramatta City Council (No 1) (1981) 150 CLR 225. Limpus v London General Omnibus Co(1962). Mutual Life Citizens Assurance Co Ltd v Evatt (1968) 122 CLR 556 at 572-3. Perre v Apand Pty Ltd (1999) 198 CLR 180. San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (NSW) (1988) 162 CLR 340. Sutherland Shire Council v Heyman (1985) 157 CLR 424 Online Material Negligent Misstatement. 2014. Pure economic loss caused by Negligent Misstatement. https://www.yellowpages.com.au/content/if/extract/contentstore/2014/10/10/14/40/1080864102/1/pureeconomiclosscausedbynegligentmisstatement.pdf. [viewed on 22nd September 2016]. The Law Teacher. 2016. Tort of Negligent Misstatement. https://www.lawteacher.net/free-law-essays/contract-law/tort-of-negligent-misstatement-contract-law-essay.php. [viewed on 22nd September 2016]. Unistudyguide. 2016. Vicarious liability. https://www.unistudyguides.com/wiki/Vicarious_liability#cite_note-3. [viewed on 22nd September 2016].

Managing employee relations

Introduction Employee relations imply the general behavior and interaction of workers within the workplace. The employer is often endowed with the responsibility of managing employee relations within workplace and ensuring that harmony prevails. The management should always be approachable to employees.Advertising We will write a custom essay sample on Managing employee relations specifically for you for only $16.05 $11/page Learn More Good employee relations help in the improvement of communication between employees which at times results into higher levels of productivity. Usually, training and development presents avenues of preventing future disputes. All employees are expected to offer responsible services in different sectors within the organization; such services ultimately are rewarded through salary or wage payment (Marchinton and Wilkinson, 2005). Wages Employees from furniture Company are demanding a 20% increase on their wages every single ye ar they work for the company. Linking of pay to performance based on the percentage of pay should be considered for the employees. The factory should introduce the concept of variable pay which links the pay to performance and where overall pay structure is broken down into appropriate components. The employees within the factory should be paid subject to the nature of their performance. The variable pay would act as a good incentive for motivating employees since they would take ownership and feel responsible for their work. Wages should be paid based on whether the employee works full-time or part-time. The rules safeguarding payment of over-time wages should be adhered to for the purposes of avoiding delays. Overview of key events The overall evaluation represents satisfaction levels on the model of working conditions. The data used from the factory was obtained from forty five employees and management team. There was a discussion concerning human resource management tactics with most of the analysis based on the existing policies within the Union of Australian Factory and Retail Workers Agreement Act.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More From the analysis carried out, several findings came up including the role of strong communication in implementation of workable policies concerning working hours, salaries and meal allowances. Retention of employees within the factory largely depends on the nature of opportunities offered to employees. The major discovery was that the level of employee satisfaction determines the management prowess of human resource department. Strategic location of any business plays a vital role in influencing its success. Employees normally have the tendency of linking the kind of satisfaction they gain out of their work to the location and environment. Such factors determines to a large extent the duration one stays within a workin g environment. An assured progress and profitability of the factory acts as source of motivation to employees. The contrary is true, whereby inappropriate location would result into less attraction hence low customer turnout. Maintenance of employees within workplace usually results into creation of some form of interconnectivity in the marketplace. However, employee satisfaction comprises of general attitude and acceptance of the available working conditions (Khan, 2005).The nature of services offered by employers under competitive environments determines the level of satisfaction hence providing the necessary motivation to employees. This determines the willingness and rate of accomplishment on given duties within the factory’s environment (Khan, 2005). Several welfare benefits are usually provided by employers, such as health benefits. The various welfare benefits availed to employees should be insured and included as compensation in the employee’s ultimate income. Employees can either be subjected to group or individual life insurance where family members are all included.Advertising We will write a custom essay sample on Managing employee relations specifically for you for only $16.05 $11/page Learn More Other welfare benefits associated with employees can as well be provided as fringe benefits based on given terms and conditions. The benefits should be non-discriminative and granted under employer’s health insurance plan. Other benefits considered under fringe benefits include; scholarship and tuition reductions, qualified group legal service plans, transportation and assistance programs on education. Valuation on meals provided to the employee by the employer should be included in the employee’s income unless specified otherwise. However, some benefits under this might be excluded and these comprises; meals and lodging provided based on employer’s conveniences, parsonage allowance and eati ng facilities operated by employers. All forms of compensation should be subject to tax in accordance with agreement between the union and the company as provided by the code. The code is derived from IRC 61(a) (1) which provides for income from derived sources from the work place. The factory should understand that all payments made as compensation services should be subject to tax unless mentioned otherwise by the government payment policies. Any form of payment made by the factory to retailers or other workers within the workplace to some extent is not considered to be form of compensation for services rendered. Such payment is always considered as a gift, while other benefits received from employers are considered compensatory. The principle of Receipt should utilize the use of cash receipts and accounting disbursement methods. In such a case all provisions included in the employees’ gross income are governed by IRC 451 and underlying regulations. The principle of Economi c benefit doctrine basically provides for taxation on cash compensation and fringe benefits. However, the nature of demand presented by the employees could lead to negative responses detrimental to the factory’s progress(Meyer and Allen, 1997).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The factory should provide for changes to enhance employee’s personal identity based on the working hours and wages. These could be enhanced by providing for effective communication channels within the workplace. The act of removing communication barriers enhances behavioural component such that views of all employees are articulated with respect to the work done. Establishment of regular meetings with the management provides excellent opportunities for discussion on work-related issues. There is need for reviewing extrinsic rewards including payment rewards and at the same time check for available opportunities meant for advancing employee skills as per job descriptions. Payment of wages based on performance provides good base for hardworking culture within the factory (Meyer and Allen, 1997). The retailers should work during weekdays from 8a.m. to 6 p.m. and on Saturdays they should work half-day up to 1 p.m. promotions should be provided within the various line of duty. Th is acts as an incentive for enhancing self-sufficiency and sense of appreciation within the factory. Within the weekdays workers should be granted double time within the first two hours of the day and thereafter granted double time and a half. During weekends the first two hours should be granted double time and a half and the rest of the hours also the same rate. Public holidays are resting days for all workers, hence in case they are placed to work then they should be given triple time from the first two hours of the day and the rest of the hours worked. However, weekend public holidays should be rated at quadruple time and a half for both (Mason, 2001). For assurance of best management results, hybridized kind of leadership should be adopted.The expression and concern given to employee views give the implication that the organization values everybody for their contribution and hence cultivating sense of belonging to the organization. Both retailers and those working at the factor y should be assured of their right to access companies incentives towards sensitive needs (Hollander, 1986). Management leadership should have the necessary machines capable of motivating and uniting employees working within all sections of the factory and retail outlets. It is the responsibility of the management to control and cope with major changes and challenges within the workplace. There is need for the employees to embrace the various espoused values in line with valuable information on the current trends, hence avoid overlooking past performances (Charness and Rabin, 2002). At the same time any additional work done by Furniture Company staff should be compensated. The extended trading within the retail outlets should be provided for within the agreement. At the same time it is important for the company to implement modern reward system which include; deferred compensation, welfare benefits, fringe benefits, Traditional Individual Retirement Account (IRA). Deferred compensat ion usually follows the kind of program in operation within the company. However, deferral is safeguarded under strict rules such that all deferral should originate from qualified plans. Employee beneficiaries qualified for deferred income are usually not subjected to tax on the basis of existing trust (Charness and Rabin, 2002). Extrinsically motivated behaviours are essential and instrumental in progressive development of a company. Within the scenario of Furniture Company, it can be noted that one extrinsic motivational factor lackingis attractive wages.The employees including retailers require appreciation for their hard work in terms of monetary compensation. When the focus is factored the employees have the tendency of shifting their goals in offering excellent services to the company since they will be subjected to perform excellent duties with relation to their financial rewards. This helps in internalizing their various roles in performing tasks (Lahlry, 1991). In the proce ss of retaining employees and reducing turn over several factors are considered of major concern to the management. Employees are grouped based on individual background, educational experiences and at the same time different social classes. The factory should be capable of focusing on primary interest of employees based on satisfaction of their personal needs, ambitions, desires and goals. Provision of meal allowances should be provided to any employee working more than five hours with fifteen minutes break. Those working for more than ten hours should be entitled to thirty minutes break with two meals intervals per day. The employees should be entitled to meal allowance of at least $ 25.00. Such compensation is meant to cater for their various basic and security needs (Marchinton and Wilkinson, 2005). Conclusion Furniture Company should be vigilant in matters that directly affect the employees. Trust and mutual respect is vital for reinforcing working relationships between workers and employees.Reasonable salaries, meal allowances and good working environment are some of the necessities on the side of employees. The nature of employee-customer satisfaction determines the status of businesses within the market place. There is need for the factory to make employees feel part of the company’s success by recognizing their individual contributions. References Charness, G. Rabin, M. 2002, ‘Understanding Social Preferences with Simple Tests’, Quarterly Journal of Economics, vol. 3, no.117, pp 817-869. Khan. A. 2005, ‘Matching people with organizational culture, Khan organizational Culture’, Newport Beach, New York. Lahlry, S. 1991,‘A blueprint for perception training’,Journal of Training and  Development, Vol. 8, No. 45, pp 21-25. Marchinton, M. Wilkinson, A. 2005, Direct Participation and Involvement in Managing Human Resources: Personnel Management in Transition, (ed. S. Bach), Blackwell Publishing Ltd, Oxford. Mas on, L. J. 2001, ‘Retaining Key Personnel. Plus: Top 10 Retention Tips, Stress Education Center’. Web. Meyer, J. P. Allen, N. J 1997, Commitment in the workplace: Theory, research and  Application, Sage Publications, New York. This essay on Managing employee relations was written and submitted by user Edith Martin to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.