The Comfort Women of Nanking Essay Example | Topics and Well Written Essays - 2500 words

The Comfort Women of Nanking - Essay Example There are many evidences found in the literature archives that showed women were in the brothels army camp but none of these directly link the responsibility to the Japanese government. There were also photos found showing former comfort women, now in their 80’s standing in protest rallies. On the other hand, there are hard evidences on the part of the Japanese government that sustains their position of denial. On the basis of evidences, study concludes that the Japanese government did not violate any international law on armed conflict as rape is one of the atrocities of war. A recommendation on further study of the law on armed conflict is suggested to avoid recurrence of the situation in the future. The case of comfort women, once kept in secret and not discussed openly, has become a source of uncomfortable diplomatic relations with its affected Asian neighbors. After nearly 60 years of keeping quiet, and with the support of international groups, these women break their silence to demand recognition and payment for their sufferings. These ex-comfort women who are now on their eighties still believe that they deserve to be paid because of the agony they had experienced. In reply, the Japanese Government maintains its position of denial of responsibilities and remains steadfast in its response that it has met all its WWII responsibilities set in WWII treaties. This paper aims to provide an assessment of strategies mounted by the Japanese Government to contradict the claims of the ex-comfort women. I focus on the experiences of the women, particularly on the harrowing nightmares of the sexual abuses to draw an insight on the events referred to.

Business improvement and creativity for PUMA company Essay

Business improvement and creativity for PUMA company - Essay Example The PUMA company owns the brands Tretorn, Cobra Golf and the brand PUMA. The company, which was incepted in 1948 distributes its services in over 120 countries, staffs more than 11000 workers and has headquarters in Hong Kong, Boston and Herzogenaurach in Germany. This paper applies Kotter’s 8 Stage Change Model approach to summarize business improvements of PUMA Company. A focused and informative analysis of the theory is done with the aid of a diagram analysis. The analysis of the theory is based on its weaknesses and strengths and case analysis of PUMA organization. Challenges, impact sustainability, resistance, current strategy, turnover, profit and audit are key points discussed in the paper in respect to PUMA’s case study. Finally, the paper provides recommendations in view of what the company should do to support sustained improvement and success. Focused and Informative Theory Analysis Kotter’s 8 Stage Change Model: Step one of this model stresses on the need to create urgency. In order for change to occur, in an organization, the entire management must embrace the change (Schacter, 2002). Developing a sense of urgency around the needed anticipated change helps in sparkling the motivation to have things done (Katzenbach and Smith, 1993). This step encompasses identifying potential threats and developing scenarios, which indicate what, is likely to happen in the future, examining opportunities to be exploited, requesting support from customers, and stakeholders and providing dynamics and reasons to get people thinking and talking. In order for the change to be effective, 75 percent of the management need buy into the idea. Therefore, significant energy and time is required for building urgency prior moving to the next stage. Stage two is the form of a powerful coalition, which involves convincing participants that change is necessary. This point requires visible and strong leadership from senior people within the organization. Tom (1 982) argues that to effect change, bringing together influential people or a coalition from various professions remains critical. After the formation of the coalition, it should operate as a team by continuing to build momentum and urgency around the need for change (Hersey and Blanchard, 1977). Step three demands creation of a vision necessary for change. Solutions and great ideas should be linked to an overall vision, which people can easily remember and understand (Madaza and Agere, 1999). A central vision helps members to understand the importance of their contribution (Deal and Kennedy, 1982). The leaders should therefore establish the values, which are crucial to the change, develop a summary, which captures the organization’s vision, practice the vision speech, create a strategy to implement the vision and ascertain the member fully comprehend the vision. Stage four is centered on communicating the vision. Communicating the vision frequently is indispensable at the sli ghtest opportunity that arises (Hammer and Stanton, 1995). The newly created vision should be applied daily to solve problems and when making decisions. This helps member to remember to the contents of the vision and apply in their departments. For the leaders, walking the talk is critical in demonstrating

Guide Of Using Of Internet For Patient Assignment

Guide Of Using Of Internet For Patient - Assignment Example Agatha is a twenty-eight-year-old married woman. She has been married for one year now and has not had conception yet. Agatha misses her menses and goes to the hospital for medical check-up and examination. A laboratory test conducted in the laboratory reveals that Agatha is about three weeks pregnant. Three weeks on, Agatha goes to the hospital again and she is asked to go and take a scan of her pregnancy because it is a new hospital. When Agatha goes to take the scan, the result is that the fetus is not seen. The morning before the scan, Agatha saw blood stains in her panty. Agatha comes home from the hospital very worried because the doctor did not give her much information about the two experiences she had today expect that she is given a referral date. She is very desperate to get information because this is her first pregnancy and she is very naà ¯ve about this new health concern. Her greatest fear is that there are several cases of miscarriage in her family and so she is simp ly confused and needs more information.As a family member, health practitioner and someone very familiar with the use of the internet, I would recommend the website, http://www.womenshealth.gov/pregnancy/ for Agatha. On the contrary, I would advise Agatha against visiting http://wiki.answers.com/Q/FAQ/443. My choice of website for Agatha is based on the guidelines given on the first page. The Women’s Health Website (2011) is recommended because of a number of reasons:1. The website is a government-hosted website.... s (2007) Scenario and Recommendations It is appreciated by the NSW Department of Education and Training (2011) that â€Å"the growth of the World Wide Web to more than 2 billion web pages makes searching and finding information like trying to find the proverbial â€Å"needle in a haystack.† Likely, there are search engines that make the search of information very simple. Agatha is a twenty eight year old married woman. She has been married for one year now and has not had conception yet. Agatha misses her menses and goes to the hospital for medical check up and examination. Laboratory test conducted at the laboratory reveals that Agatha is about three weeks pregnant. Three weeks on, Agatha goes to the hospital again and she is asked to go and take a scan of her pregnancy because it is a new hospital. When Agatha goes to take the scan, the result is that the fetus is not seen. The morning before the scan, Agatha saw blood stains in her panty. Agatha comes home from the hospita l very worried because the doctor did not give her much information about the two experiences she had today expect that she is given a referral date. She is very desperate to get information because this is her first pregnancy and she is very naive about this new health concern. Her greatest fear is that there are several cases of miscarriage in her family and so she is simply confused and needs more information. As a family member, health practitioner and someone very familiar with the use of the internet, I would recommend the website, http://www.womenshealth.gov/pregnancy/ for Agatha. On the contrary, I would advise Agatha against visiting http://wiki.answers.com/Q/FAQ/443. My choice of website for Agatha is based on the guidelines given on the first page. The Women’s Health Website (2011) is

Aircraft Review Essay Example | Topics and Well Written Essays - 1250 words

Aircraft Review - Essay Example En route the plane ran into a tropical storm. Rain loosened the canvas patches and wind passing over the holes caused a variety of shrill whistles, which increased until the ship sounded like a thousand screaming banshee. (Popular Mechanic, p. 65) There are numerous other nicknames for DC-3 such as Old Fatso, Doug, among others. But these underscore how the plane has endeared itself to pilots and the airline industry alike because of its proven contribution in the aviation history. Just before World War II, the Douglas DC-3 was made by Douglas Aircraft Company for the American Airlines. The aircraft manufacturer found itself in an enviable position of trying to fill an overwhelming backlog of orders for passenger planes. This feat became possible when American Airlines ordered an aircraft to replace the fleet of aging Curtiss Condor biplanes, which they use for their nighttime Pullman-style sleeper service. The two companies collaborated and a team was assembled to improve on the old DC-2. American Airline’s chief engineer, William Littlewood, determined that by widening the DC-2’s fuselage twenty-six inches and adding ten feet to its wingspan, it could accommodate fourteen sleeping berths. (Hansen, p. 68) In line with this, the DC-3 had combined previous effective designs together. For instance, the DC-3 improved on the combined cabin size of the Ford Tri-Motor and the impressive speed of the Lockheeds. This revised airplane was initially called the Douglas Skysleeper Transport or DST. By time the plane took off for its maiden flight in July 1, 1936, it assumed the name DC-3. During World War II, the DC-3 production line was shut down but the war required its production for military use because of its capacity and performance. The US military realized that the DC-3 was ready-made military transport aircraft waiting to be utilized. At the end

Regional Problems and Urban Problems Experienced In UK Economy Essay Example for Free

Regional Problems and Urban Problems Experienced In UK Economy Essay United Kingdom economy is a developed economy. Developed economies experiences different challenges as its tries to sustain its operations, in this essay I shall write on the urban and regional problems experienced in the United Kingdom economy. According to Office of the Deputy Prime Minister, (2006) growth of the economy came along with increased migration to the cities where the economic activities were many. This migration strains the resources available such as the infrastructure of roads, railways, water and sewage systems, waste managements and sustainable supply of food and other consumable goods (Jacobs, 2006). Such straining of limited resources makes them more expensive as a result lives in the cities is becoming expensive by the day. There is also stiff competition for the available job opportunities as the local and migrants from other countries flock in the country in seek of Jobs. These ends up denying the locals who are not much skilled accessibility to Jobs which leads to most people being Jobless in cities which are expensive to sustain their livelihood they therefore result to crime. This is the reason why state of insecurity and crime is in increase as the economy grows. According to George, (2007) the regions surrounding such strong economies tend to dwindle because most of their experienced laborer seeks employment in the already developed economies because their compensations are much higher. This denies them a chance to develop as they brain washed. The performances of such economy and its effect in the region could be measured by use of Regional Economic Performance (PSA) target and Gross Value Added (GVA). Therefore there is need to strategize on how United Kingdom would be able to solve the regional and urban problems which they experience for its sustainability References George, C, 2007. ‘Regional Activity Relocation Problems In A Developing Economy’, Center of Economic Research. Vol. 12, no. 1, pp. 311-338 Jacobs, B, 2006. ‘Cities Under Stress: Problems of Development and Decline’, Journal of Contingencies and Crisis Management, Vol. 2, no. 2, pp. 104 – 112. Office of the Deputy Prime Minister, (2006), UK Presidency EU Ministerial Informal on Sustainable Communities, Available at http://www. communities. gov. uk/documents/cit

Local Government In The Malaysian Context Information Technology Essay

Local Government In The Malaysian Context Information Technology Essay Customer satisfaction is a key issue for all organizations in both public and private sectors. This is a highly important challenge as service standards today relies on excellent service quality delivery and high customer satisfaction levels. All employees have a role in determining the degree of satisfaction experienced by their customers. In the public sector, due to increased levels of information dissemination, governments are expected to be more sensitive to the demands and needs of the peoples and societies they serve. Many public sector organisations are undergoing reforms in order to provide better, faster and even wider range of services to the people. The customer has a prominent place in these reforms. In recent history, much has been written on the subject of customer satisfaction, but comparatively little regarding customer satisfaction in the public sector. This is despite the issue of customer satisfaction in public services has been growing in importance, particularly in Malaysia due to the perception of deteriorating levels of satisfaction as perceived by most quarters of the public. In the past ten years with the explosive growth of broadband internet penetration levels in the country, public agencies have been increasingly placed in the spotlight for their shortcomings as larger segments of the public are made aware of the lack of satisfaction encountered by others. In most countries including Malaysia, local government has the most direct impact on the resources in the economy as they are most involved in the implementation of national and state government policies. The range of activities involving the local government sector is primarily labour intensive. There are therefore a number of reasons for the need of this research particularly in the Malaysian environment. Firstly, local government has a monopoly on the provision of most of their services, and do not have forces of competition and profit driving efficiency and effectiveness in meeting customers needs (Caruana, Ramaseshan, Ewing 1998). Members of the public who are unhappy with the local authority administering their premises or property are not able to change to another local authority or opt out of receiving services from that authority (and thus not paying taxes due) without moving to another area administered by another local authority. Secondly, demand for government services is on an increasing uptrend due to increased expectations by the people. More and more people expect the government to assist them in resolving various issues encountered. Such issues includes the provision or maintenance (or lack of provision or maintenance) of infrastructure and services. Thirdly , due to increasing pressure on governments as a service provider for an increasing range of services, local government has to set up and maintain competence in many aspects of performance. An instance of this can be seen with the advent of information technology (IT). Many local authorities responded by setting up an IT department which was put in charge of computerising operations. Hence local government organisations will be perceived to be competent, knowledgeable, courteous and reliable if and when their employees possess competencies to allow effective execution of their prescribed duties. This study will be undertaken with the objective of investigating the impact of employee competencies as perceived by customer satisfaction in the services provided by Majlis Bandaraya Alor Setar (MBAS) or Alor Setar City Council. Additionally, this study will also evaluate the relationship between employee competencies and perceived customer satisfaction. It is important to undertake this research at this time particularly at MBAS because it is now in transition to move towards a new stage of increased employee competencies in the new era of internet-enabled services. 1.1 Local government in the Malaysian Context Local authorities in Malaysia are governed primarily by various national and state legislative provisions. At the national level, the Local Government Act of 1976 is the primary legislation that specifies the functions and responsibilities of local government bodies in Peninsular Malaysia. These functions and responsibilities not only include mandatory functions but also discretionary functions too. These functions include solid waste management, street maintenance and activities pertaining to public health. Examples of discretionary functions include development and infrastructure functions like providing amenities, recreational parks, housing and regulating certain aspects of commercial activities such as licensing. According to a report by the United Nations Economic and Social Commission for Asia and the Pacific (2001), provisions of the Local Government Act 1976 grants local authorities in Malaysia the following roles in their respective jurisdictions or areas: Local planning authority Licensing authority Manage to impose certain kinds of taxes Take in charge housing, building and commercial construction (markets, hawker stalls and many others) Manage to perform urban planning, landscaping and management functions Manage public transport systems Manage to plan and provide public utilities. Source: United Nations Economic and Social Commission for Asia and the Pacific (2001). http://www.unescap.org/huset/lgstudy/country/malaysia/malaysia.html As can be see above, local authorities in Malaysia have a wide range of functions and responsibilities which has significant impact in the environment which they operate in. It is highly important for available competencies to be studied and further developed in order to improve the delivery of services to the people (their customers). The fact that the Malaysian government is aggressively pursuing economic growth can be seen with the introduction of the New Economic Model (NEM) initiative and 10th Malaysia Plan by Prime Minister Datuk Seri Najib Tun Razak recently. As part of these initiatives, local authorities will play important roles in the further development of the country. As of July 2010, there are 147 local authorities in Malaysia as summarized in Table . Table Local Authorities in Malaysia Local Authorities Total City Councils 12 Municipal Councils 39 District Councils 96 Total 147 Source: Ministry of Housing and Local Government. http://jkt.kpkt.gov.my/en/main.php?Content=vertsectionsSubVertSectionID=59VertSectionID=43CurLocation=43IID= 1.2 The Background of Majlis Bandaraya Alor Setar (MBAS) MBAS is one of the local authorities in Peninsular Malaysia. At its inception in 1735, MBAS was established as a sanitation board when the city was founded by Sultan Muhammad Jiwa Zainal Adilin Muazzam Shah. The city of Alor Setar and the local authority body which oversaw it has grown in size and functions since then. MBAS is the local authority entrusted with providing services for the governance and development of Alor Setar. It is the only local authority in the state of Kedah with city council status which was awarded by the federal government on 31 December 2003. This upgrade of status came after Alor Setar officially became a city on 22 August 2002. From the Population, Household Living Quarters Malaysia 2009 publication by the Department of Statistics, we find that the district of Kota Setar (which includes Alor Setar) has a population of 429,900 people. Source: 1. Majlis Bandaraya Alor Setar. http://www.mbas.gov.my/web/guest/background 2. Department of Statistic, Malaysia. http://www.statistics.gov.my/ccount12/click.php?id=294 According to the Local Government Department of the Ministry of Housing and Local Government, a city council should meet the following criteria: Area under jurisdiction includes the administrative centre of the state Population above 500,000 Fiscally sustainable with annual revenues exceeding RM100 million capable of sustaining a balanced budget Provision of high level of services Sustainable development with an emphasis on tackling urban issues like squatters, illegal factory operation, security, housing for low-income groups and environmental conservation Achieves stable city classification under Malaysia Urban Indicator Network System (MURNInet) Availability of industrial centres, financial institutions, cultural centres, sports and recreational facilities and educational institutions Complete infrastructure provision and public utilities inclusive of public transportation facilities, traffic management system, efficient road network and ICT services, public areas which are disabled-friendly; and Recognition as a city either at national or international level in certain areas Source: Ministry of Housing and Local Government. http://jkt.kpkt.gov.my/en/main.php?Content=vertsectionsSubVertSectionID=65VertSectionID=43CurLocation=43IID=Page=1 The current mayor of Alor Setar is Dato Khazali Din. He has been in office since 1 December 2008. Besides the mayor, there are also 14 local councillors who are appointed by the State Government under provisions in the Local Government Act 1976 to administer MBAS. It employs approximately 250 employees ranked from Head of Departments to labourers. There are nine major departments and divisions in MBAS as follows: Treasury Development planning Engineering Assessment and Property management Management services Municipal services and Health Community development Law Buildings Source: Majlis Bandaraya Alor Setar. http://www.mbas.gov.my/web/guest/jabatandanbahagian The main objectives of MBAS are as follows: Provide a comfortable living for the community of Alor Setar city from the aspects of services, planning and development; Transform the employees of MBAS to an efficient, clean, trustworthy and disciplined workforce; Increase and diversify the sources of revenue so that MBAS will become a financially strong institution; Management system which is of quality, dynamic and innovative; and Develop a caring society environment among the workforce through the provision of welfare, health and safety schemes Source: Majlis Bandaraya Alor Setar. http://www.mbas.gov.my/web/guest/objective Throughout its 275 years of existence from a sanitation board up to the current incarnation as a city council, MBAS has been contributing a strategic role in the delivery of local government services in Alor Setar. Its official mission statement is to provide the highest level of services based on the latest technology. The primary functions of MBAS as a local authority includes development and operational functions such as solid waste management, cleaning of public areas and amenities, traffic system design and street maintenance, landscaping and beautification works, provision of shared public facilities and amenities like sports and recreation areas and infrastructure works. The most important secondary function of MBAS is to regulate business and commercial activities by means of licensing provisions. An example of the usage of these regulatory powers can be seen in the recent controversy regarding sports betting. While the federal government had approved a sports betting license to Ascot Sports Sdn Bhd, the state governments led by Pakatan Rakyat (PR) had declined to issue licenses for premises to be used for sports betting activities. This was done by instructing the various local authorities in PR-controlled states not to issue premise and other business licenses for sports betting activities to Ascot Sports Sdn Bhd. This effectively ensured that Ascot Sports will not be able to operate sports betting activities in those states. Source: The Star, June 2010 http://thestar.com.my/news/story.asp?sec=nationfile=/2010/6/7/nation/20100607155524 Other secondary functions of MBAS include the promotion of commercial and tourism activities and health and safety regulations of the community. This is done through the provision of infrastructure like roads and public facilities like parks, recreational areas, museums and the like. In terms of health and safety regulations, a commonly seen example would be the enforcement of laws against aedes mosquito breeding areas and building inspections and renovation regulations to ensure that such work is done within acceptable limits and meets minimum safety standards. 1.3 Background of the study There are many opinions with regards to the issue on how to manage service quality and delivery. In terms of service-based businesses, while the basis is similar to that of manufacturing-based businesses, the challenges posed are quite different. This is mainly due to the different attributes of both businesses. In manufacturing businesses, typically a product is made to certain specifications. The outcome of the process to create and manufacture a particular product should produce very little variation. This contrasts with service businesses whereby the outcome of services provided by the business can be significantly different due to the interaction between the business and its customers in the process. There are variations in expectation, expertise and material inputs from one customer to the next. Because of this, the outcomes of the process as perceived by customers can vary significantly even when businesses try to control for as many variables as possible. In terms of the public sector and civil service in Malaysia, the government has set up a number of agencies and undertook various measures to improve performance and service quality delivery. Some of these agencies and measures along with a brief history are mentioned below. One of the earliest attempts in post-independence Malaya to formalise and standardise training procedures for Public Services Department (PSD) employees is the setting up of the National Institute of Public Administration (INTAN). It was set up in September 1959 as the Staff Training Centre in Port Dickson, Negeri Sembilan. The centre provided training in administrative areas such as financial, land, office management and local government administration. The Staff Training Centre became INTAN in June 1972 and now has a mission to develop human resources in the public sector though the provision of quality training programmes. Source: National Institute of Public Administration, Malaysia. http://www.intanbk.intan.my/i-portal/en/about-intan/intan-in-brief.html The Malaysian Administrative Modernisation and Management Planning Unit (MAMPU) was initially created as the Development Administrative Unit (DAU) in 1966. The DAU was created based on a report by Prof. John D. Montgomery dan Milton J. Esma in Development Administrative in Malaysia which called for steps to improve professionalism in the public service by providing training and conducting educational programmes for all levels of the civil service. DAU was responsible to spearhead improvements in the civil service. In 1972, DAU was merged with the Implementation, Coordination and Evaluation Unit (ICEU) to form the Implementation, Coordination and Development Administration Unit (ICDAU). MAMPU was set up in 1977 as a new agency which took over the responsibilities of modernising and human resources planning from the ICDAU. Source: 1. Malaysian Administrative Modernization and Management Planning Unit, Prime Ministers Department. http://www.mampu.gov.my/mampu/sejarah1 2. Implementation Coordination Unit, Prime Ministers Department. http://www.icu.gov.my/icuV9/pg/indexV9.php?pg=prof The Public Complaints Bureau (PCB) under the Prime Ministers Department was mooted by former Prime Minister Tun Abdul Razak. It started operations on 2 August 1971 and is the leading organisation in Malaysia for the management and monitoring of public complaints regarding government departments and agencies (Suddle, 2009). Source: Suddle, 2009. Report on Study Tour of PUBLIC COMPLAINTS BUREAU MALAYSIA. http://www.asianombudsman.com/ORC/RETAreports/FTO_report.pdf Probably the most well known effort by the government to improve the civil service by reducing instances of corruption would be the Malaysian Anti-Corruption Commission (MACC) which was mooted by former Prime Minister Tun Abdullah Ahmad Badawi which officially commenced operations on 1 January 2009. The history of MACC began as an agency when the National Bureau of Investigation was set up in 1973 to consolidate corruption and other special cases which were being handled by different teams in the police, Prime Ministers Department and the Law Ministry. The name was then changed to the Anti-Corruption Agency in 1982 to reflect its role as the main agency in Malaysia in the fight against corruption. Source: Malaysian Anti-Corruption Commission. http://www.sprm.gov.my/ To improve civil service performance, former Prime Minister Tun Abdullah Ahmad Badawi in January 2005 had suggested various means on reinventing the civil service in Malaysian. According to him, to safeguard the image of civil service, public sector employees must be creative, inventive, fluid, consultative and free of corrupt practices. He addressed this issue to 3000 decision makers in public sector, ministers and chief executive officers of government-linked companies in order to have a free flow of ideas between top-level officers and their subordinates for the betterment of the service. He said civil servant must be able to think out of the box and make strategic adjustments so that they could act speedily when faced with adversity. On free flow of ideas within the service, department heads must be willing to acknowledge good suggestions which were given by their subordinates. Civil servants should be encouraged to provide feedback on approaches undertaken and these responses mu st be taken seriously by decision makers who should also institute changes whenever necessary. Source: The Star, January 2005 In February 2005, Tun Abdullah Ahmad Badawi reminded the civil service to increase emphasis on integrity, accountability and high work ethics in its efforts to improve efficiency in serving the people and the business community to safeguard the image of the public sector in order to enjoy the support and confidence of the people. Source: The Star, February 2005 The Special Taskforce to Facilitate Business (PEMUDAH) was established on 7 February 2007 under the Prime Ministers Department. Mooted by former Prime Minister Tun Abdullah Ahmad Badawi, the terms of reference for the objectives and operations of PEMUDAH is as follows: To review the status of the public services delivery system in terms of processes, procedures, legislation and human resource towards introducing improvements; To study best practices in the private sector that can be adopted by the public sector; To coordinate programs across public sector agencies towards enhancing Malaysias competitiveness; To monitor the implementation of policies, strategies and procedures aimed towards improving the efficiency and effectiveness of the public delivery system; and To take appropriate action in addressing issues raised during Cabinet meetings regarding the public delivery system. Source: PEMUDAH Secretariat Office, Ministry of International Trade and Industry. http://www.pemudah.gov.my/297 On 13 April 2007, the government introduced the concept of One Stop Centre (OSC) for local government agencies under the Ministry of Housing and Local Government. According to Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan, the OSC was set up based on the concept of No Wrong Door whereby it will be a single point of entry which allows customers to obtain various services from multiple agencies using an integrated method. OSC will coordinate all stages from documentation submission until a decision is reached and provided to the customer. Source: The Office of Chief Secretary to the Government. About One Stop Centre. http://www.pmo.gov.my/ksn/?frontpage/speech/detail/1470 Within half a year of assuming office, Prime Minister Najib Tun Razak had mooted and established the Performance Management Delivery Unit (PEMANDU) on 16 September 2009. A unit under the Prime Ministers Department, its main role and objective is to oversee the implementation and assess the progress of the government transformation programme (GTP) and to facilitate and support the delivery of both National Key Result Areas (NKRAs) and Ministry Key Result Areas (MKRAs) of the various ministries and government agencies. Source: Performance Management Delivery Unit, Prime Ministers Department. http://www.transformation.gov.my/index.php?option=com_contentview=articleid=205Itemid=144lang=en On 1 January 2010, the MBAS Complaints Portal was launched as an online application to allow the public to lodge complaints to the local authority. The portal accepts submissions both online and though Short Message Service (SMS). The public can then follow up on complaints lodged though the portal. The portal also provides a forum for the council to receive feedback from the public. Source: MBAS Complaints Portal. About Complaints Portal. http://aduan.mbas.gov.my:2000/aduan/news.php 1.4 Research Problem Many business organisations these days would no doubt agree that the environments in which they do their businesses is becoming more and more complex and more challenging to understand due to rapid pace of change. There have been many studies which concluded that no business can be successful without taking the needs of their customers into serious consideration. There are several factors which have played significant roles which has changed the impact customers have on businesses. One of them would be the rise of consumerism in the 20th century. Rapid economic expansion due to the agricultural and industrial revolutions along with explosive population growth has rapidly increased the number of consumers in the market. Prior to this, only a small percentage of the population had sufficient disposable incomes to make an impact outside of their local societies. Due to rapid economic growth, more and more people earned enough to start having significant levels of disposable income which could be used for discretionary purchases. New inventions and improvements allowed businesses to transport goods faster and cheaper allowing more people to have increasing choices in the goods and services available to them. The services industry started being recognised as an arm of the economy in its own right and in more advanced economies, is more important t han manufacturing and trading industries. Customers now have more choices and could demand more from businesses. Any business which does not respond adequately to the rapidly changing business environments may face overwhelming challenges and can even go out of business. As a local authority and a government body, while it is very difficult for MBAS to go out of business per se, it is still a service organisation that provides multiple services to the people. MBAS cannot deny the expectations of its customers because their customers are taxpayers and voters. As a government body, it receives all income from public sources (i.e. taxpayers) and if they are not happy, they will show their displeasure during elections and effect changes through the government. We can thus surmise that employees in service organisations play an important role in ensuring that customers have a positive first impression. If customers are not provided with a level of service which they expect, this will lead to dissatisfaction and as a consequence, the number of complaints will increase. According to MBAS Public Relations Section, the authority receives on average 29 complaints per day sent by the public through various channels namely the MBAS Complains Portal, telephone, m ail and fax. In order to reduce dissatisfaction with its services and thus the number of complaints, it is necessary for MBAS to increase the quality of services it provides. It is highly important for them to plan, coordinate and then implement a comprehensive program to promote and disseminate the mindset of service quality excellence among employees in the organisation. It is imperative for MBAS to improve its services because its customers (the public) expect to interact with competent employees who are able to display high levels of professionalism and provide equally high levels of service quality whether in terms of explanation or physical services provided. Local authorities play an important role in the growth of both in the state they are located in and their own jurisdiction. You can go to virtually any part of Alor Setar and the name of the local authority administrating the city can be clearly seen. This has an effect of ensuring that services (or in contrast, the lack of services) provided by MBAS is always in the public eye. For example, a pedestrian bridge along Jalan Alor Setar-Sungai Petani at Batu 3, Tandop which has been in a state of disrepair for some time caused a scare when a large metal piece measuring 3 x 24 metres and a banner celebrating the Sultans recent birthdaye road isrepair for some time caused a scare when piecen of S is always in the public eye. t services or fell on the road underneath the bridge. While no vehicles or people were hurt in the incident, there has been several earlier incidents of smaller pieces of metal falling off the bridge. A road user claimed that he had informed MBAS about the earlier inc idents but thus far no action has been taken. A few questions had arose from the incident namely why the local authority did not take any action upon receiving complains about the bridge earlier? While there may be a lack of allocation at this time to repair the bridge, perhaps if MBAS had more competent staff, perhaps any loose metal pieces could have been removed and the bridge temporarily closed while awaiting allocation to fully repair the bridge. This would have helped to ensure no untoward incident happens. http://www.sinarharian.com.my/bterkini/4941.asp Landscaping and beautification activities of public areas and amenities are one of the local authorities primary functions. It was reported recently that the Taman PKNK football field has not been properly maintained for several months. This had made the field unusable due to the tall grass which has now became homes to poisonous snakes and other animals. According to the news report, MBAS follows a schedule whereby grass will be cut on fields located in residential areas every 21 days. The questions that are being asked is what had caused the oversight in maintaining the field? The oversight was not noticed by the council despite multiple 21 days cycles having passed. Could it be due to incompetence of MBAS employees that lead to the oversight in providing the required service? Employees should be more innovative and creative in overcoming obstacles faced when providing such services. http://www.sinarharian.com.my/utr/content/story5181294.asp The attitudes and procedures of MBAS once again came into question when a conflict occurred between the council and Chinese associations over what was felt as a new requirement to pay two different license fees for mahjong activities. The council had issued a letter on 7 July 2010 requesting payment for licensing fee but the associations had already paid a licensing fee to the Kota Setar district office for their mahjong activities. According to them, that is the only license they have always paid to conduct their activities. It was later clarified by Alor Setar Mayor Datuk Khazali Din that the license paid to the district office was to conduct mahjong activities but a separate license for the premises was also required to be paid to the council but was not enforced earlier. The questions raised in this incident relates to why if there were indeed such rules, it was not informed or explained to the Chinese associations earlier to prevent the misunderstanding from occurring in the fir st place. http://thestar.com.my/news/story.asp?file=/2010/7/18/nation/6689157sec=nation As the mahjong activities has been going on for some time, the point now is that the attitude of the council and lack of tack in approaching the matter had caused the disruption of legitimate activities of other people. The approach used to approach the Chinese associations regarding the licensing issue reveals the inflexibility of the council. MBAS could have used more gentle approaches when approaching the associations and prevent the misunderstanding from occurring in the first place like giving them a suitable grace period rather than threatening immediate fines and legal action for non-compliance with its demands. MBAS will be categorised as a quality service provider if its employees have initiative, accountability, motivation and work as a team to accomplish their tasks or projects. Perhaps if the council had employees with the correct competencies in place, the various incidents mentioned above would not have happened? MBAS has to provide sufficient skills, ability, and the correct knowledge and resources to their employees and place them at the right positions. At the same time, the council should also adopt new forms of work organisation such as work teams, management delayering, job sharing, reengineering and downsizing redundant employees. In this context, MBAS should not only improve business performance but must also focus itself on making the necessary management changes related to combination of factors such as employee competencies, new computing and communications technologies and measure the productivity of service staff and knowledge workers. There is precious little studies in the past to measure perceived service quality in MBAS. As a service provider, MBAS is expected to be more competent and innovative. Given the situation that the council now finds itself in, service quality will be an undoubtedly interesting area to study. 1.5 Research Objectives The objective of this study is to determine if service quality at MBAS is driven by employee competencies. To be more specific, we want to: Identify employee competencies which is important for MBAS to improve customer satisfaction; Examine customer satisfaction as perceived by the public at MBAS; and Investigate the relationship of employee competencies in relation to perceived customer satisfaction in MBAS. 1.6 Research Question This study was motivated by our determination to answer the following questions: What are the competencies that employees at MBAS should have? What is customer satisfaction as perceived by the public? What are the relationships between employee competencies and perceived customer satisfaction? 1.7 Definition of Terms Local Government Employee A worker who is employed to provide services to a company on a regular basic in exchange for compensation and who does not provide these services as part of an independent or self-employed business. Competencies A cluster of related knowledge, skills and attitudes that affects a major part of role or responsibility that correlates with performance on the job, that can be against well accepted standards, and that can be improved via training (Competencies Workgroup, September 2002). Service Service can be defined as any primary com

Scheme of Remedies for Misrepresentation

Scheme of Remedies for Misrepresentation In pre-contractual negotiations, one party (the Representor) may make representations to another party (the Representee), which relate, by way of affirmation, denial, description or otherwise, to a statement of fact or present intention. If the representations made are untrue, they may be termed misrepresentations. The Representor may know that the statements are untrue; or they may be careless or reckless as to their truth. Alternatively, the Representor may hold an honest belief as to truth of the statements made. Generally there is no positive duty to act honestly in English Law a misrepresentation cannot be made by silence and even where one party proceeds, fully aware that the other is contracting on the basis of a misunderstanding of some fact, English law does not provide for a remedy. The exceptions are where the facts given are a half-truth, or where a statement is made, circumstances change and the maker of the statement fails to disclose this. Further exceptions are where a contract, such as one for insurance, is treated by the law as being of the utmost good faith and requiring the contracting party to disclose all relevant facts; or where the contract involves a fiduciary relationship such as between a company and its promoters. European Law, by contrast, imposes a positive duty to act in good faith and fair dealing, both during the course of negotiations and where a contract is concluded. It allows avoidance of the contract for fraudulent (deceitful) non-disclosure of information which, in accordance, with the principles of good faith and fair dealing, a party should have disclosed. The duty extends to situations where a contract is not even concluded: for example, where negotiations break down, or where one party is time wasting. This positive duty to act in good faith is common in other jurisdictions, including some common law systems. The scope of remedies for misrepresentation in English law depends on the type of misrepresentation that has occurred. Where the misrepresentation is fraudulent, the law sees the Representor as more blameworthy and the level of damages is not limited by, for example, remoteness, the duty to mitigate, and contributory negligence. The reasons for imposing wider liability on the intentional wrongdoer than on the innocent misrepresentor are certainly moral, but as Lord Steyn notes, the law and morality are inextricably interwoven and, to a large extent, the law is simply formulated and declared morality. It seems ironic, therefore, that there is no remedy whatsoever are where one party deliberately fails to disclose a material fact: an action that is intentionally dishonest, immoral and surely equally blameworthy. To be blameworthy means to be at fault or deserving of blame: from a moral standpoint, it implies conduct for which a party is guilty and deserves reproach or punishment. However, there is a logical consistency to, and a general policy of, not punishing intentional wrongdoers by civil remedies in English law: the primary remedy for civil wrongs is to provide compensatory damages, measured by the claimants loss; and the aim of providing a remedy, frequently cited, is to put the claimant into as good a position as if no wrong had occurred. However, the principles by which the remedies for fraudulent misrepresentation have developed do appear to go beyond this, having a punitive nature in their application. Fraudulent Misrepresentation Where the Representor makes a statement of fact (or a statement of intention, which involves a representation as to the existence of the intention which is itself a present fact) either knowingly, without belief in its truth, or recklessly, i.e., careless as to whether it is true or false, and this fact, being material, induces the other person to enter into the contract, this is a fraudulent misrepresentation. It does not matter that the Representee could have discovered the truth or spurned the opportunity to do so. The test as to whether fraudulent misrepresentation has taken place is whether there is an absence of honest belief; and honesty in this context refers to a subjective appreciation of events. The fact that the statement would not convince a reasonable person does not necessarily make it dishonest; however, where the statement is made recklessly or carelessly, the Court may make a finding of dishonesty, in that the person in question could not reasonably have believed in the truth of their statement. In all cases of fraudulent misrepresentation, however, dishonesty is a crucial factor damages cannot be claimed in deceit on the basis of recklessness alone since the basis of deceit is dishonesty. Where the misrepresentation is fraudulent, the Representee may rescind the contract a remedy available for nearly all types of misrepresentation and he may also recover any benefits that the Representor has enjoyed as a result of the contract being made, prior to the contract being rescinded. The Representee may also claim damages in the tort of deceit, and as noted, the damages are intended to restore the victim to the position he was in before the representation was made. The test for damages in fraud is one of direct consequence, rather than foreseeability, with damages being divided into two categories diminuation in value and consequential losses. Similar to damages for negligence, the House of Lords have confirmed that the Representor will be responsible for a sum representing the financial loss flowing directly from his alteration of position under the inducement of the fraudulent representations of the defendants. Unlike for negligence, however, the damages do not need to be foreseeable; as long as they have been caused by the transaction. This demonstrates that the Representors blameworthiness is important since the benefit of limiting liability to only foreseeable damages is not permitted to the dishonest person as it would be if the representation was made negligently: per Lord Denning in Doyle v Olby, it does not lie in the mouth of the fraudulent person to say that they could not have been reasonably foreseen. This decision was reaffirmed in Smith New Court. Further, the fact that the Representee had every opportunity to avoid the contract or transaction in question, or could have taken proceedings to rescind it, or asserted his rights to have it treated as void in proceedings brought to enforce it, does not bar his claim for damages. Once again, where dishonesty is involved, the law does not allow the misrepresentor any opportunity to reduce his liability, even where there is fault on the part of the Representee. Similarly, the contributory negligence of the Representee does not apply to reduce damages for the tort of deceit. Again, this feature has been applied because the tort involves dishonesty; regardless of the contributory negligence of the Representee, the Representor will have to pay for all damages because the law views him as blameworthy and cannot justify restricting his liability as a result of this. The Representee may also claim for consequential losses, although he is obliged to take all reasonable steps to mitigate those losses on discovery of the fraud. The type of damages that may be awarded to the Representee may include both special and general damages, as for A v B, where the claimant Representee was entitled to an award of  £7,500 in respect of general damages for distress even though his distressed state had not required medical attention. Although the potential heavier damages available to claimants may make a claim in fraudulent misrepresentation seem more attractive, it may be difficult to prove the Representors dishonesty and failure to succeed may result in an action for defamation; a claim under Section 2(1) of the Misrepresentation Act 1967 (MA1967) is more likely to be pursued for these reasons since the remedies available are similar. Negligent Misrepresentation The misrepresentation may alternatively give rise to an action for damages in the tort of negligence, if the statement is made (a) knowingly, (b) without belief in its truth or (c) recklessly, careless whether it be true or false; and a special relationship exists between the parties. A finding of dishonesty is not necessary: provided that it can be established that there is reasonable foreseeability of reliance on the statement and of the harm caused by that reliance. As established in Hedley Byrne, the Representor has a duty of care to do all that is reasonable to make sure their statement is accurate, regardless of the existence of a fiduciary or contractual relationship; only a sufficient degree of proximity between the parties is necessary for an action to be sustained. Such proximity would arise in professional relationships, such as those made with barristers and estate agents, and also in purely commercial transactions where the Representor has superior knowledge and experien ce to that of the Representee and it is reasonable for the Representee to rely on statements made by them. In all cases, it must be just and reasonable for the duty of care to be imposed. The remedies available to the Representee are rescission of the contract and damages in the tort of negligence; and, unlike a claim for fraudulent misrepresentation, damages will be subject to a test of reasonable foreseeability. The Court may however take account of benefits that the claimant has missed out on as a result of the misrepresentation. Despite the difficulties in establishing negligence, it should be noted that actions for negligent misrepresentation have the advantage that they are not limited to misrepresentations that induce contracts; nor are they limited to statements of fact. A parallel can be drawn with principles of European law, which recognise liability for losses during the process of negotiation, even if a contract is not made. However, whereas for negligent misrepresentation in English law a duty of care must be established, in European law no such duty is required. Such losses in European law include those incurred as a result of failure to act in good faith and fair dealing; a positive duty imposed on the parties, which may include failure to disclose pertinent information. Section 2(1) Misrepresentation Act 1967 More commonly, an action for misrepresentation will be made under Section 2(1) of the MA1967 where the misrepresentation results in a contract. Unlike an action in negligence, which requires the Representee to prove that a duty of care existed, the burden of proof is reversed: the Act requires that the Representors prove they had reasonable grounds to believe, and did believe up the time the contract was made, that the facts represented were true, and unless they can do this, they will be liable. This can be difficult to prove: a mere honest belief is not enough. Remedies available to the Representee are similar to those available for fraudulent misrepresentation unless the Representor is able to discharge this burden of proof (and if the Representor can discharge the burden, the Representee may still plead innocent misrepresentation with its consequent remedies). Effectively then, per Royscot Trust Ltd, damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently: this has attracted much criticism as it means in effect that the Courts are required to treat a person who is morally innocent as if he was guilty of fraud. However, under Section 2(1) the loss recoverable does not go beyond the consequences that arise from the negligent misrepresentation: this is narrower than the recoverable loss permitted for fraudulent misrepresentation per Doyle v Olby. In addition, unlike damages for fraudulent misrepresentation, the Court may reduce the sum if there is evidence of contributory negligence on the part of the Representee. The damages under Section 2(1) will be based on direct consequence (as for the tort of fraud/deceit) rather than what was reasonably foreseeable (as for the tort of negligence). In Royscot Trust, the Court of Appeal held that the correct measure of damages was based on the tort of deceit and that the Plaintiff was entitled to recover all losses even if those losses were unforeseeable, provided they were not otherwise too remote. Therefore, the measure for damages for innocent misrepresentation under Section 2(1) is the same measure as for fraudulent misrepresentation. This has since been questioned, however, and in Smith New Court Securities, Lord Steyn asked whether it was correct to treat a person who was morally innocent as if he were guilty of fraud when it comes to the measure of damages. This measure seems incorrect: especially as, per Avon v Swire (where representations as to the future were presented as statements as to existing intention), the section may be used to produce damages on a scale commensurate with fraud where otherwise the contract would allow no damages in the event of breach and there would be no damages for negligent misrepresentation in tort. Innocent Misrepresentation Where the statement made is innocent, in that there is no provable fault, the remedy is rescission of the contract unless the Court awards damages at its discretion under Section 2(2) MA1967; alternatively it may award rescission with an indemnity; the aim of the Court in all cases being not to unjustly enrich the Claimant. The equitable remedies that the Court may award discretionarily may include the setting aside of a deed or other instrument and the restitution of property, with any pecuniary adjustment that might be necessary on either side by way of accounting for profits or allowance for depreciation. Although there is no indication as to the level of damages, it is considered that this should be lower than the damages awarded under Section 2(1), as implied by Section 2(3). The Court exercises its discretion in accordance with the principles of equity and so there may be no remedy offered if the facts as a whole make it inequitable to grant the relief, or if there is improper conduct or suggestion of a harsh bargain on the part of the Representee. Mispresentation and blameworthiness: considerations It has been noted that misrepresentations can be made intentionally, carelessly or recklessly, or innocently. In each case, there is a remedy for the Representee; but the value of that remedy varies based on several factors. We have seen that where fraudulent misrepresentation is proved (for which dishonesty is required), the level of damages awarded may be far greater than for other types of misrepresentation: the Representor must pay all financial losses flowing directly from the misrepresentation. There are few limits to this: the damages do not need to be foreseeable and matters of the Representees conduct, such as the fact that he had the ability to avoid the contract or to discover the dishonesty, does not bar his claim. Similarly, his contributory negligence is irrelevant to the calculation of damages. The only restriction is that Representee needs to take reasonable steps to mitigate his consequential losses. Following the recent case of A v B, we have also seen that general damages may be available for distress suffered, even though this is not medical. Under the MA1967, we have seen that a Representee can claim damages on a scale commensurate with fraud even where the representation was innocent, although these will be limited by any contributory negligence. It seems unjust that the Representees contributory negligence is ignored in fraudulent misrepresentation: this is fault per se on the part of the Representee and if the reason for allowing wider damages is blameworthiness, surely the blameworthiness of the Representee must also be a consideration. The European approach of considering all circumstances, including, but not limited to, whether the Representee could reasonably acquire the information, seems fairer. The flexibility of this approach, in contrast to the unlimited scope of damages in English Law permitted for fraudulent misrepresentation, may demonstrate a better approach to the calculation of damages. The European approach may be contrasted to awards made for innocent misrepresentations in English law, which follow equitable principles; in such cases the conduct of all parties is taken into consideration before reaching a decision. The fault of both parties is balanced in order to reach a decision that is fair to both, and such a system would make a more just compromise between the heavy benefits of a successful claim for fraudulent misrepresentation. It has also been noted that it is entirely illogical that the law should take such an iron-handed approach where the Representor makes a positive statement which he knows to be incorrect; but provide no remedy whatsoever when the same person dishonestly fails to disclose a material fact that he knows would have a material bearing on the contract. James notes that the EU is taking tentative steps towards the abolition of national contract laws of member states, and the replacement with a single European code. If this happens, we will see the introduction of a positive obligation to act in good faith, both in pre-contractual negotiations and in the formation of contracts. This obligation on contracting parties to be open with each other in negotiations is foreign to English law; it has previously been avoided because of principles of contractual freedom and economic efficiency. However, a model which requires honesty and diligence on the part of both parties, and provides for remedies to either party where there is a loss to be made good, with each partys conduct assessed for fairness, seems a far more balanced approach than the present system of remedies in English law for misrepresentation, and accords more with the principle of restitutio in integrum that is inherent throughout our contract law system.