ULTRA VIRES DOCTRINE OF COMPANY LAW IN ZAMBIA

ULTRA VIRES DOCTRINE OF COMPANY LAW IN ZAMBIA INTRODUCTION This assignment examines the debate on the legal issues surrounding the abolition of the requirement to submit a Memorandum of Association when applying to incorporate a company under the Zambian Companies Act 1994 cap 388 of the Laws of Zambia. This debate has been on the â€Å"Objects Clause† which used to be a requirement under the old Companies Act 1921 and was to remain as part of the Memorandum of Association thereafter until the company ceased to exist. ORIGINS OF THE OBJECTS CLAUSE A company on incorporation under the Companies Act cap 388 gives it a corporate personality which means that it gains the status of a separate legal entity from its shareholders or members.[1] However, as an artificial person, the company cannot make decisions and as such has to rely on humans to make decisions on its behalf. Therefore, the decisions and actions by the company officers, employees or indeed its agents will be taken to be those of the company which shall bear the liability. As such, as the company is to be regarded as an artificial person, the courts developed the view that its legal capacity had to be limited to its objects[2] and on incorporation to include the objects clause in its memorandum of association[3] which formed part of the company’s constitution. This was with a view of safeguarding the interests of both the shareholders and the creditors by way of the doctrine of ultra vires. In summing up, it can be said that an objects clause is that provision in a companys constitution which provides for the purposes and the power to undertake only the activities for which the company was formed as was the case before the coming into force of the Companies Act cap 388. THE DOCTRINE OF ULTRA VIRES The doctrine of ultra vires[4] refers to those acts or decisions that a company may undertake which are beyond the scope of powers granted by the company’s objects clause in its memorandum of association. Ashbury Carriage Company v Riche (1875) The ACC was an incorporated company under the Companies Act of 1862. Clause 3 of the memorandum that: The objects for which the company is established are to make and sell, or lend on hire, railway carriages and wagons, and all kinds of railway plant, fittings, machinery, and rolling-stock; to carry on the business of mechanical engineers and general contractors; to purchase and sell, as merchants, timber, coal, metals, or other materials; and to buy and sell any such materials on commission, or as agents. The company agreed to provide Richie and his brother with finance for the construction of a railway in Belgium but later repudiated the agreement. Richie sued for damages. Held That the contract was void and that ratification, even if it had taken place, would have been wholly ineffective. PRESENT LAW Unlike before, the current Companies Act cap 388, does not have a mandatory requirement for companies incorporated under it to have a memorandum of association which should contain the objects clause. POWERS AND DUTIES OF DIRECTORS The Companies Act Cap. 388 provides under section 215 that: (1) The business of a company shall be managed by the directors, who may pay all expenses incurred in promoting and forming the company, and may exercise all such powers of the company as are not, by this Act or the articles, required to be exercised by the company by resolution. (3) Without limiting the generality of subsection (1), the directors may exercise the powers of the company to borrow money, to charge any property or business of the company or all or any of its uncalled capital and to issue debentures or give any other security for a debt, liability or obligation of the company or of any other person. VALIDITY OF ACTS However, section 23 provides that â€Å"No act of a company, including any transfer of property to or by a company, shall be invalid by reason only that the act or transfer is contrary to its articles or this Act† seems to be a contradiction to sections 7 and 22. THE ARTICLES OF ASSOCIATION Before the 1994 Act, the articles of association where classed as being inward-looking and having a purpose of setting out the rules governing the running of the company. The articles hence formed an incorporated company’s constitution[5] which may deal with any matters of the company operations. However, the present Act does not, as stated above, make it mandatory for a company to submit a memorandum of association but provides under section 7 as follows: (1) A company may have articles regulating the conduct of the company. (2) The articles may contain restrictions on the business that the company may carry on. This means that there is no need of an objects clause to be included in the articles of association so as to restrict the business operations to conform to the objects and indeed should not specify its general nature of the company business. This assertion can also be inferred from section 7(4) which provides that â€Å"a company on incorporation may adopt the regulations of the Standard Articles† which do not contain a provision for the general nature of the business to be undertaken or indeed any restrictions. Furthermore, section 7(2) provides that ‘the articles may contain restrictions on the business that a company may carry on’, thus departing from the traditional role of covering mainly issues to do with the internal management of the company for which articles of association are often known for. Therefore, it could be inferred from this section that a company on incorporation may restrict its nature of business to be undertaken as agreed by the shareholders. This inference is asserted to by section 22(3) of the Act which provides that â€Å"A company shall not carry on any business or exercise any power that it is restricted by its articles from carrying on or exercising, nor exercise any of its powers in a manner contrary to its articles.† However, the restrictions that prohibit an incorporated company from carrying on any business in its articles of incorporation are on the preferences of the shareholders and as such the doctrine of ultra-vires whilst not being abolished is not mandatory. Therefore, where a company decides to place some business restrictions in its articles of association then that company is prohibited from carrying on any business or exercising any power that it is restricted by its articles. NOTICE NOT PRESUMED 24. No person dealing with a company shall be affected by, or presumed to have notice or knowledge of, the contents of a document concerning the company†¦.. This means that the interests of the third party who deals with a company is entitled to assume that it has the power to do anything it wishes are not affected[6] unless he was actually aware (notice or knowledge) of the restrictions. Therefore, section 24 basically abolishes the ultra vires rule against third parties who have no knowledge of the company’s objects and are meant to assume that the director, agent or company employee they deal with has the power to make decisions. This has been acknowledged in the case of Freshint Ltd Others v Kawambwa Tea Company [2008] ZMSC 26 at (763) where it was held that â€Å"in practice most people dealing with companies rely on the rule in Turquand’s case and do not bother to inspect the articles. †¦Ã¢â‚¬ ¦ The company’s authorized agents bound the company to comply with the contract and such liability cannot be avoided†¦Ã¢â‚¬ ¦. NO DISCLAIMER ALLOWED 25. A company †¦..may not assert against a person dealing with the company or with any person who has acquired rights from the company that- (a) any of the articles of the company has not been complied with; (b) a shareholder agreement has not been complied with; (c) the persons named in the most recent annual return or notice under section two hundred and twenty-six are not the directors of the company; (d) the registered office of the company is not an office of the company; (e) a person held out by a company as a director, an officer or an agent of the company has no authority to exercise the powers and perform the duties that are customary in the business of the company or usual for such a director, officer or agent; (f) a document issued by any director, officer or agent of the company with actual or usual authority to issue the document is not valid or genuine; or APPLICATION FOR INCORPORATION Section 6 2(i) provides that an application for incorporation shall be in the prescribed form and shall specify †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. the nature of its proposed business†¦.. This means that all the features which could be found in the memorandum of association have now been incorporated into the Articles of Association including but not limited to: (a) The Name Clause; (b) The Objects Clause; (c)Each subscriber confirming their intention to form a company (d)Each member also agrees to take at least one share (e)Physical address of the office to be the registered office CONCLUSION This argument hence concludes that the requirements for the objects clause have actually been retained in through both the articles of association and Companies Form 2 which requires that the applicants specify the general nature of business to include the principal business and any other business (section 2). It could further be concluded that the filing of Form 2 re-enforces the notion that the doctrine of ultra vires has been retained in Zambia through the provision at section 3 that, â€Å"The articles restrict the business that the company may conduct as follows† after which part these restriction will be specified. BIBLIOGRAPHY Davies, L. P., Principles of Modern Company Law, 8th Edn, Sweet and Maxwell, 2008 Dignam A. Lowry J., Company Law, 4th Edn, OUP, London, 2006 1 [1] Salomon v Salomon Co [1897] A.C 22, HL, at 51, per Lord Macnaughten [2] Ashbury Carriage Company v Riche (1875) [3] Guinness v Land Corporation of Ireland (1882) [4] Ultra vires is a Latin expression which lawyers and civil servants use to describe acts undertaken beyond (ultra) the legal powers (vires) of those who have purported to undertake them. Davies P.L., Principles of Modern Company Law, at p153. [5] Davies P.L., Principles of Modern Company Law, 8th Edn, Sweet and Maxwell, 2008, at p62 [6] Royal British Bank v Turquand (1856)

Kirkpatricks Evaluation Of Training Management Essay

Kirkpatricks Evaluation Of Training Management Essay Kirkpatricks model of evaluation is being applied. This model consists of four levels of evaluation. The first level is the reaction level in which the reactions of the trainees are understood to mean the way in which they perceive and subjectively evaluate the relevance and quality of the training. It attempts to answer questions regarding the participants perceptions Did they like it? Was the material relevant to their work? This type of evaluation is often called a smileysheet. According to Kirkpatrick, every program should at least be evaluated at this level to provide for the improvement of a training program. At this level, evaluation measures the satisfaction of the people who followed the training. In conjunction with that, positive reactions are of critical importance in creating sufficient learning motivation. In this sense, the participants reactions have important consequences for learning (level two). Although a positive reaction does not guarantee learning, a negative reaction almost certainly reduces its possibility. Learning can be described as the extent to which the attitudes of the participants change, their knowledge increases or their skills are broadened as a consequence of the training. This is a second level of evaluation of learning behavior whereby evaluation is intended to measure the progress made in terms of knowledge, skills or attitudes. In other words, evaluation tests the participants to see whether new skills have been acquired. At this point, evaluation can relate to the method used to transfer the knowledge, skills and attitudes. To assess the amount of learning that has occurred due to a training program, level two evaluations often use tests conducted before training (pretest) and after training (post test). Assessing at this level moves the evaluation beyond learner satisfaction and attempts to assess the extent students have advanced in skills, knowledge, or attitude. Measurement at this level is more difficult and laborious than level one. Methods range from formal to in formal testing to team assessment and self-assessment. If possible, participants take the test or assessment before the training (pretest) and after training (post test) to determine the amount of learning that has occurred. A third evaluation level is that of changes in job behavior or performance. This involves studying the change in job behavior which takes place as a result of the training. Evaluating at this level attempts to answer the question Are the newly acquired skills, knowledge, or attitude being used in the everyday environment of the learner? At this point, evaluation sees whether tasks are performed differently before and after the training. In order for positive reactions and learning effects actually to lead to changed job behavior, the transfer of acquired skills to the work situation must especially be ensured. The quality of this transfer is strongly dependent on the support the participant receives after the training, especially from his immediate supervisor or coach. From a study by Bergenhenegouwen, which explain the low effectiveness of training courses, are found in this area in which immediate bosses who have more of a discouraging effect, who themselves do not set a satisfact ory example or provide insufficient supervision. For many trainers this level represents the truest assessment of a programs effectiveness. However, measuring at this level is difficult as it is often impossible to predict when the change in behavior will occur, and thus requires important decisions in terms of when to evaluate, how often to evaluate, and how to evaluate. Level four evaluation attempts to assess training in terms of organizational results. At this point, evaluation checks how the results are evaluated at the end of the training initiatives. An evaluation of the results therefore measures the progress made at organizational level. Frequently thought of as the bottom line, this level measures the success of the program in terms that managers and executives can understand increased production, improved quality, decreased costs, reduced frequency of accidents, increased sales, and even higher profits or return on investment (ROI). From a business and organizational perspective, this is the overall reason for a training program, yet level four results are not typically addressed. Determining results in financial terms is difficult to measure, and is hard to link directly with training. According to Kirkpatrick, the subject of evaluation or the level at which evaluation takes place is dependent on the phase during which the evaluation takes place. In Kirkpatricks four- level model, each successive evaluation level is built on information provided by the lower level. Assessing Training Needs often entails using the four-level model developed by Donald Kirkpatrick. According to this model, evaluation should always begin with level one, and then, as time and budget allows, should move sequentially through levels two, three, and four. Information from each prior level serves as a base for the next levels evaluation. Thus, each successive level represents a more precise measure of the effectiveness of the training program, but at the same time requires a more rigorous and time-consuming analysis. 3.2. Transfer of Training Training transfer generally refers to the use of trained knowledge and skills back on the job. Baldwin Magjuka mentioned that for transfer to occur, learned behavior must be generalized to the job context and maintained over a period of time on the job. Meanwhile, Saks Haccoun views training transfer is the generalization of knowledge and skills learned in training on the job and the maintenance of acquired knowledge and skills over time. According to the transfer of training framework by Saks Haccoun, the transfer of training activities could be segregated into three phases which is before, during, and after training to facilitate and improve the transfer of training. However, for the purpose of this study, only transfer of training after training is being applied. In this case, the management must ensure that trainees have immediate and frequent opportunities to practice and apply what they learn in training on the job. The management should also encourage and reinforce trainees application of new skills on the job. There are many other things that managers do to facilitate transfer such as develop an action plan with trainees for transfer and show support by reducing job pressures and workload, arrange practice sessions, publicize transfer successes, give promotional preference to employees who have received training and transfer, and evaluate employees use of trained skills on the job. The trainer should conduct follow-up or booster sessions following a training program. Trainers should maintain their involvement in the training and transfer process by conducting field visits to observe trainees use of trained skills, provide and solicit feedback and provide continued support and assistance to trainees. Trainees should be able to use new knowledge and skills on the job as soon and as often as possible. At the same time, trainees should meet with their supervisor to discuss opportunities for transfer. Trainees might also establish a network of peers who also attended a training program that can provide assistance and support each other for using their trained skills on the job. Trainees should also set goals for practicing their newly acquired skills on the job. 3.3. Factors Influencing the Effectiveness of Training and Development In the real world, there are some other factors that influence the effectiveness of training and development in an organization. One of them that have been identified by Haywood is the human resource policy of training and development. He mentioned that too many training program place emphasis on ease and the very purpose behind the design of programs namely, learning, skill development and behavioral change, has defeat the original purpose and goals of training are lost and the means all too readily becomes the end. Furthermore, the human resource policy would determine a clear link between training and an organizations career development and reward system in which training might leads to recognition and advancement. Indeed, the trainers capabilities as a subject matter expert would determine the effectiveness of training and development. Training programs can be trivialize if the organization hiring unqualified trainers that could defect the transfer of learning to the employees. In addition, employees attitude and motivation are one of the factors that might influence the effectiveness of training and development. Therefore, the positive attitude should be foster through the constant emphasis on team building program to enhance the employees motivational effort. In relation to this, the employees motivation in transfer and transfer climate are crucial to ensure the effectiveness of training and development. Finally, the commitment of top management to the training and development is critical to its success. Organizations whose top management view training as a way to meet organizational goals by making sure that employees take an active part in the delivery of training and in the planning of training objectives; and by maintaining a financial commitment to training.

Essay example --

Our world is growing! Growing in population that is, but the resources are staying the same. To help with the growing of the population that will be happening in the 21st century, science and agriculture need to work hand-in-hand. They need to stand together to make a break through together, to insure that everyone will have food on their plate. We need to work to have larger yields with the land we have. Some people say that humans need to change their diet, and others say that we should destroy hundreds of acres of wild land. According to Feed Nine Billion website, people feel that the only way things will be improving, is if everyone becomes a vegetarian. But others disagree. The people who think that this is the only way do have a good point. Grains and vegetables do produce so much faster than animal production. Then again, you can’t just assume that everyone will follow, and turn to becoming a vegetarian. Besides think of all the farmers that would be out of a job! These farmers could have been family business, just like a dairy farm that is located outside of our town. R&D dairy farm has been handed down generation after generation. Funding has to become an essential in today’s society for this new advance in technology that will be needed. We aren’t only having problems worrying about feeding the next generation; we should be concerned now. Did you know, that in the last 11 years, six of those years the population has consumed more than what was produced? The Food and Agriculture Organization of the United Nations website, just this year the cereal production has gone up eight percent. Imagine what will be expected in the 21st century. People are demanding more food now, than they ever have. Scientists say that far... ...t too expensive for the farmers. The second step is that broader awareness is required. According to Sarah Alexander, â€Å"different farmers trust different sources, such as vendors, crop consultants, and university extension services.† Farmers are going to need to be open minded to new things, in order to feed the human race. The last step is farmers need the right incentives. Farmers want to know about the good that they are doing. Farmer’s want to know how they are saving the environment, and how they are producing more food, and feeding more people than they were before. If we all work together, feeding the nine will be possible, and even likely. Farmers need to know how much they are needed, for this process and know that new ways of farming will help in the long run. People don’t have to change their diets so everyone can be fed. Together, we can feed the world.

Limitations of Interpersonal Communciation Research :: essays research papers

When taking a limit of an equation in Calculus, a limit does not always exist. However, in the real word there are always limitations to what people can accomplish no matter how hard they work or try. These limitations are evident in interpersonal commuciation research as well. In the article, "Commucication Apprehension Among Secretarial Students," the authors, Melanie Booth-Butterfield and Carol C. Thomas, research and examine the levels of trait communication apprehension among students enrolled in college level office administration programs. In the following paragraphs I will discuss the process and two limitations of the research. In the article, the authors seek to investigate communication apprehension among secretarial students. Communication apprehension is an individual’s level of fear or anxiety associated with communicationg with others (Booth-Butterfield & Thomas, 1995, pp. 39). The methodological framework utilitized by the authors was to administer questionnaires during regular class time in four different sections. This survey included a measure of trait communication apprehension and anxiety across four different areas of interpersonal, small group, meeting and public speaking. In addition, the questionnaire asked for the age and whether the participants have had experience in a co-op role or as a secretary for a regular business. The participants of the questionaire were 117 random students enrolled at a four-year, technical business-oriented college. Of these students, 58 were female students enrolled full-time in office administration courses. The remaining students were not secretarial students but were enrolled in business administration, management, and communication courses. The results of the survey clearly showed a higher communication apprehension among secretarial students than non-secretarial students rergardless of age or job experience. Furthermore, secretarial students showed anxiety in all four areas of communication especially in public speaking. In conlusion to the research, the authors say that the anxiety experienced by many office adminstration students should be observable and will substatntively influence their performance in classes and on the job (Booth-Butterfield & Thomas, 1995, pp. 39). Although this communication apprehension research seems reasonable, limitations include the type of data used and the relationships or generalizations that are drawn between certain variables. To begin with, the methodological framework utilized by the author is in the form of a questionairre. A questionairre is basically a test to see how one thinks of his or herself and is not necessarily accurate. For example, an individual may think he or she is apprehensive to communication but when actually confronted with the scenerio may perform rather well and without any fear or anxiety. Perhaps a better methodological approach in gathering data is to setup an actual communication setting and have the participants perform to the communication task. The data should be based on the performance as well as feedback from the participant to see if the communication apprehension was

The Roman Family: Center of Roman Society :: Ancient Rome Roman History

The Roman Family: Center of Roman Society The Roman family after the advent of Christianity has been widely discussed in Roman History. Different historians have looked at the topic in different ways. There are two articles at hand, which deal with this very topic. Brent Shaw, The family in Late Antiquity: The Experience of Augustine and Douglas O'Roark, Parenthood in Late Antiquity. Both historians are looking at the family in late antiquity, after the time that Christianity was introduced to the Roman society. Through an analysis of the two essays and references to the classical period it can be seen that: The Roman family has always been an important institution in their society, it's composition, roles and the functions changed little after the advent of Christianity. The Essays Each of the historians has a solid central argument, and their essays are laid out well. Shaw seeks to show the structure and the functions of the Roman family in late antiquity. He also seeks to clear up misconceptions of the Roman family. O'Roark's argument seeks to show the closeness of the parents and children in the Roman family. The important thing to realize is that both of these essays are looking at the Roman family in the same period, late antiquity, after the advent of Christianity. Also important to note is both of these essays to not specifically talk about the impact of Christianity on the family. The essays can be used to reference against each other and against the Roman family in the Classical period. Information on the Classical period is given in G. Nathan's article: Two Traditions. With the three essays one can come to a good conclusion about the impact of Christianity on the Roman family. In interest of paper length the essays have been narrowed down to include only central topics. First looking at similarities, then differences. Children This is the first main aspect of the family that both historians look at. The first point Shaw brings up is that main purpose of childbearing. This was for the wife to produce a heir for the husband . The father organized the whole house around this, in preparation a son to take everything over when he died . O'Roark states that a major factor in having children was to love and to care for them . He however cannot deny that before this the realization is that the father must have children to pass everything on to .

Niche Marketing

1) What is niche marketing? The word ‘niche’ is defined as: A special area of demand for a products or service. The word ‘marketing’ is defined as: The opportunity to buy or sell. Niche Marketing means buying or selling a product or service in a special area of demand. All that really means product or service is being sold to the people who are most interested in that particular product or service and not to the world in general. Often time big businesses use niche marketing. For example, a company that makes computers and computers accessories might advertise all-in-one such as copy, printer and scanner to the home computer user while at the same time advertising single function machines to large businesses. One of the things that make niche marketing so attractive to sellers is that their advertising budgets go further. It costs less to advertise to a specialized market that it does to advertise to a broader market. Niche marketing must be designed to meet the unique needs of the targeted audience. Niche marketers must tailor their product to meet those unique needs. Example, I have design a product to make poodle grooming easy enough for the untrained professional to do it, those who own poodles will be most interested in the products. Those who own Blood Hounds or cats will not care so much. 2) As an automobile retailer, what would you propose to increase sales volumes through niche marketing? Toyota is a huge multinational company. At first glance, it appears that Toyota focuses on the auto business as a whole both from a marketing and production standpoint. Notwithstanding this fact, Toyota is excellent when it comes to niche marketing. Toyota will search for niches for which it can supply a product in need. Toyota was one of the first companies to realize there was a group of car buyers who would be very interested in environmentally friendly cars. To answer this need, it came up with the legendary Prius. The Prius is the first mass production hybrid car. Where other car manufacturers saw Toyota taking a huge risk, Toyota saw it as an opportunity to identify a new niche and establish its brand in that niche. In marketing, it is often the first brand on the scene that takes the day. Once Toyota took the plunge, it pursued an effective niche marketing plan. It didn’t promote the Prius in just any media. It focused on media outlets that were watched, read or listened to by people concerned about the environment. For example, it heavily promoted the car through environmental groups and their publications. As the only game in town at that time, Toyota not only dominated the niche. 3) Explain the role of RMI. RMI create brand awareness and communication tools which have been use from any company’s. They publish their own magazine naming Automobil. RMI also responsible for assisting its members with all matters surrounding the motor industry while ensure that members do comply with high level of business and offers a revenue generating device through its unique niche status.

Qualitative article critique Essay

INTRODUCTION on that point ar a number of accompani workforcetors that head to put inively conducting soft look. It is non except choosing the right electron orbit setting or well-formulated look marvel that counts, but withal the reli king of the evidence and the skills of the audienceer make horrific difference to the outcome of a qualitative query. soft explore involves the scrutiny of societal phenomena.(Gubrium and Holstein 1997, p.11-14). Qualitative tecs look beyond the mundane and try to record how actors register themselves or their world.. Un analogous in quantitative seek, when conducting a qualitative schooling, the investigator is considered as the important instrument for entropy befoolion, selective education analysis, and info interpretation (Paisley & Reeves, 2001). The next few p matures en combine critically analyse the qualitative interrogation denominations of Russell, L. (2005) Its a question of swan match the relationship am ongst students and t from each oneers in ethnographic scene of actionword and Kamenou, N. (2008) Reconsidering Work-Life commensurateness debates Challenging control Understandings of the Life Component in the context of intent of Ethnic Minority Womens Experiences(British ledger of Man seasonment, Vol. 19, S99-S109).Look more(prenominal) than(prenominal)problem description essay1. RUSSELL, L. ITS A motility OF TRUST BALANCING THE RELATIONSHIP among STUDENTS AND TEACHERS IN ETHNOGRAPHIC FIELDWORK.THE AUTHOR IS A YOUNG ETHNOGRAPHER queryING TEENAGERS (P.193). WHAT DIFFERENCE DOES HER AGE gear up?In this particular theatre of operations subject field, the mount up of the ethnographer Russell, L. had both a positive as well as a minus impact on the explore. This field look for was conducted in a pictorialism modal value, this counsel that the investigator inquires the lives and perspectives of the tar established population as accurate as possible in their subjective setting (Gubrium and Holstein, 1997). The questioner Lisa Russell was a young, dilettante, female, white, northerly English ethnographer investigating the sensitive consequence of student resistance (Russell, 2005181). Spradley (1979) refers to ethnography as the run for ofdescribing a culture with the aims to understand another look of life from the insepar fit point of view.To sit more trust and good data of the put upvass culture, the more similarities of signs mingled with the ethnographer and the researched would be an advantage beca exercise this could decrease the differences betwixt them. With this as well, the researcher could prep be herself to adapt to the seat that she would be researching. Lisa Russell has the great advantage of her gender, nationality, use of language, size and age to naturally locomote in as a section of the studied separate, because ethnography relies heavily on notifications of actions and interviews with participant s in naturally occurring situation.My age helped me act on in and indeed understand discussions (p.194). making use of her naivety and young age, her give birth own(prenominal) speechless lust and her figure of organism smallness in altitude and name (p.195), which is not often difference with the teenagers (Lisa mentioned her age is between 23-24 at cartridge clip of researched), these personal traits of the ethnographer has resulted in fundamental interaction and a matter of trust that she has see with the students. Lisa Russell adapted the occasion transaction of abject into least adult role in a different way (p.193).As she recaptures her secondary years were not far-off behind her current phase of life, Lisa was not frightened with certain things she perceived as she was able to relate to her own teaching familiarity during those secondary years when she limn my initiate naivety acted as a pull ahead when trying to manage impulsive and sometimes shocking behav iour of students (Russell, p.182). Age alike contributed to the way students react to the ethnographer along with what he or she is and is not allowed to do (Hammersley and Atkinson, 1983). This characteristic has worked in Lisa favor, as the students mat up unthreatened and therefore more give to express themselves. in addition because shadowing and musing is more reliable and efficient if a researcher is unknown and does not affect the carriage of the steering company.Whereas in this study, Lisas age is at advantage to observe the researched group and efficiently gather data collection, as a young ethnographer she go out face the stickyies of being Lisa being in learnd, since acrucial characteristic of ethnography is the characteristic of ho harkenic which promoter interpreting the data as a whole in order to get a basis for explanation rough the gathered information. Assuming that this is her first research as an ethnographer carrying out a field study, subjectivit y is a terminus ad quem of ethnography. The way ethnographers interpret the field study picture forget vary a lot. at that place is not a set list of answers to choose from but rather the use of notes make by the investigator and ulterior interpreted and categorized by the investigator.The limitation of ethnographic research with reliability is caused by the fact that ethnographic research occurs in natural setting and focuses on handlees (Wiersma 1986 and ruin 1994). The accurate replication is very difficult to achieve because an event in natural setting cannot be reproduced. While reflecting to Wiersma (1986) and destroy (1994) or so the difficulties of accurate replication of findings, Lisas age could be a drawback, because she is a novice ethnographer with limited experience and her abilities to process and evaluate her findings and evidence (interviews, field notes and recordings) could be subjective and a intriguing short letter for a novice.1.2 WHEN IS A investig ator NO LONGER A NOVICE? WOULD HER RESEARCH HAVE BEEN BETTER DONE BY SOMEONE WITH MORE EXPERIENCE?A novice ethnographer is a beginner researcher who just started in the field of ethnography. desire in any other rush function, practice is required to become an good in the field of choice. To make errors and mistakes will contribute to further discretion and deeper knowledge. To my understanding, a researcher is no longer a novice when the ethnographer is able to observe and enroll objectively and subjectively in a field research. additionally the ethnographer should be able to analyze and interpret the gathered data effectively.It is difficult to conclude whether an ethnographer with more experience would see done the research mitigate. When considering the fact that Lisa took the role as a participant as observer (Gold, 1958), she had an advantage of her characteristics my quiet, reserved disposition and smallness in height and build influenced the way students and teachers related to me. I faded into the background. Students would often forget my strawman sometimes teachers and other students mistook me for a student. (Russell, p.195). This shows that disdain that at the time of research, Lisa was a novice researcher she was able to transform herself into the participant as observer role, which gave her find to more insights and reliable information. The researched group and the ethnographer established a matter of trust and even build intense relationships (Russell, p.196). Hence, Lisa was able to collect observation and vision of the researched group.Being a qualitative researcher, one should note the important linkages between theories and methods, reviews key qualitative methodologies, and mettlesomelights challenges and the opportunities (Gephart, 2004). Referring to Gephart (2004), one superpoweriness argue that the research data rating would start out been analyzed and linked better by an ethnographer with more experience. Though in my touch, a more experienced ethnographer cogency not cast been able to collect as much insight as Lisa, because the researched group competency have do differently, so if a more experienced researcher would conduct the field work, I suggest it would be best to do it covertly.1.3 IN THIS RESEARCH PAPER WHAT DO YOU LEARN ABOUT A) THE RESEARCH SUBJECTS AND B) THE RESEARCHER?By critically analyzing the research paper, it informs us that the research subjects were studying at trine different sites, namely two in Birmingham and one in Sydney. As the research affair was to investigate the complex and sometimes contradictory culture(s) of student resistance to discipline (p. 181), students aged between 14-16 were selected c arfully elect by the schools.What is significant or so the researched group is that they were skeptical in the beginning when Lisa arrived it had to be made clear that Lisa would not telling, nor report their behavior to teachers. Names like the follower and leec h suggest that during the sign stages the students did not accept Russell as she fly-by-night them all around. But gradually shemanaged to off one of the most vital aspects of the study trust.The researched group proved trust in Lisa because she witnessed inappropriate and illegal activities, such(prenominal) as damage of school property, thievery and taking drugs. The fact that students did change their behavior means also that Lisa became invisible to the researched group.What we have learned close to the novice researcher is that Lisa used an adaptive approach towards the research and considered how various aspects of her personal disposition bear on her entire study. look forers reflections on their actions and observations in the field, their impressions, irritations, detectings and so on, become data in their own right, forming part of the interpretation, (Flick, 20056) The researchers ability to build relationships and develop rapport with subjects is crucial. (Thorpe & Holt, 2008151)In her article, Lisa repeatedly puts an emphasis on her age and naivety, this shows that these facets of her personal characteristics contributed her to engage in discussions and activities with the students, which if she was old(a) wouldnt have been able to do. Her proximity to their age made it easier for both herself and the students to be able to relate and confide to each other. At the same time it was challenging for Lisa to establish the same bond with the teachers and she felt exceptionally uncomfortable in staffroom conversations. In my opinion, she put a lot of commitment and time into cognizing the narratives and behaviors of the students and failed to do the same with the teachers. up to now when she progressed to the third school her heightened confidence and great experience (Russell, 2005188) made it easier for her to relate to and interact with the teachers.2. KAMENOU, N. (2008) RECONSIDERING WORK-LIFE BALANCE DEBATES . BRITISH JOURNAL OF MANAGEM ENT, 19 S99-S109.2.1 THE AUTHOR APPEARS TO HAVE HAD DIFFICULTIES RECRUITING INTERVIEWEES (SEE ESPECIALLY P.S102). WHY, FOR EXAMPLE, top executive AN ORGANIZATION WITHDRAW FROM THE STUDY CLAIMING RESTRUCTURING WAS IN PROGRESS? (P.102).Qualitative research interview seeks to cover both a real and a meaning level, though it is usually more difficult to interview on a meaning level (Kvale 1996, p.32). Work-life balance means that individuals have in(predicate)ly segmental or integrated life and work so as to achieve a satisfying quality of life, overall expiation and less strain or stock around juggling conflicting role demands. (Blyton et al., 20062). The work-life balance equation (Kamenou, 2008S99) is finding accord between of a number of aspects ranging from career, obligations, family, pastime and culture.In this article, the researcher argues slightly the subject on pagan minority womens experiences of managing their work and personal lives. (Kamenou, 2008S99). Nicolin a Kamenou, gathered data via semi structured, in reasonableness interviews earlier with ethnic minority females. Information of ethnic minority men, white women and white men was also collected as comparability.The researcher faced challenging difficulties in obtaining interviewees still three out of the twenty governing bodys that were invited responded positively to the invitation (Kamenou, 2008S102). Ensuing, one of the three fundamental laws disengaged from the research claiming restructuring was in progress. A research by Spencer (1982) suggests that plaques may restrict access to the organization because they perceive it as a put on the line, which might unwrap their reputation. A possible former of withdrawal of the company is that the research topic is delicate and related to companys policies and perspectives concerning ethnicity, culture, religion and class. By granting insights to these sensitive matters, organizations endanger themselves to harmful publicity to the organizations reputation. A noticeable fact is that the organization that withdrew from the research published and considered themselves attractors in diversity (Kamenou, p.102).Hence, this research subject should be of high interest to the organization. Also cooperation to the research could have been positive publicity assuming that the company indeed was a fiter in diversity. Hence, disengagement of the organization could be a result of abstruse narratives of the company, which are not supposed to be revealed. Forexample, Kamenous article reveals Johns opinions (black Caribbean, Application Manager, Heath Trust, age 34) he did not dress in more traditional clothes because he is scared that his colleagues might be threatened or have issues (Kamenou, p.106).This statement made by John could be interpreted as racism within the company, which consequently could lead to a huge scandal or even a lawsuit. Thorpe & Holt (2008) argue somewhat the importance of sensible consent. Participants in a study should be informed about the research objective, participants rights to confidentiality and namelessness and what will happen to the data and what parties will have access to it. I cerebrate that when multitude or organizations are informed about their rights of informed consent, the number of participants in a study will sum up significantly. The large finance company that withdrew from the research might have participated in the research if they could get anonymity and total fastness that the companies name would not be published.2.2 WHAT are THE DIFFERENCES BETWEEN THE PEOPLE IN ORGANIZATIONS WHERE baronial ACCESS HAD BEEN GRANTED AND THE INDEPENDENT root word?Kamenou (2008) invited 20 organizations, of which 2 organizations accepted to participate. Additionally she invited independent groups from personal networks so that involvement of subjects from different sectors, qualifications and occupations could enrich the data. Each group would have t heir own various inputs to the research, and data could be more valid. Personal networking is seen as one of the best ways to get granted access to an organization Carr and worthy (2001). The main obstacle about evening gown access to an organization is that there might be a matter where companies make the employees not to unveil certain information about the company or the narratives in the organization. Subsequently there is a high possibility of fear, where the employees do not inadequacy to disclose information that could threaten their jobs.However, if the brass were that the employee was an acquaintance of the researcher, there would have been confidentiality between the researcher and the interviewee, which would make the interviewee more open and honest during the inquiries. According to Spradley (1979), people who feel comfortable, safe, and valued are more extraverted thanthose who are only considered as sources of information. in that location is definitely a diffe rence between the interviewed groups, in particular the data malodorousness and disclosure of information between the people in organization where formal access had been granted and the independent group determine through personal networking (Kamenou, 2008, p.s102).Qualitative research interviews partly consist of open-ended questions, this allows the interviewer to question and inquire further on the answers and likewise, interviewee can share thoughts and experiences. Kamenou (2008, p.s103) argues that the semi structured, in depth nature of interview conducted with all participants allowed them the time and space to reflect and discuss their experiences in their own words (Harvey, 1990 ODwyer, 2005) and helped to surmount possible bendes in the research process.2.3 WHAT DO WE KNOW ABOUT THE AUTHOR? HOW might THE IDENTITY OF THE AUTHOR HAVE do A DIFFERENCE TO THE RESEARCH?In the article the author doesnt describe herself, neither does she mention on how she could have influen ced the research. The article is different from Russells ethnography paper, which accentuates strongly on personal observation and self-reflexivity but less on the statistical information. Analyzing her own processes during the fieldwork, Lisa claimed the researcher should employ a reflexive attitude to understand how the interaction between the researcher and the researched, and the researchers autobiography, influence the data collected (Russell, p. 197). The individuality and background of the author does have an effect on the research outcome, involving in what is called observers bias. Observers bias is referred to as the aspect to where the researchers know the objectives or the hypotheses and consequently their knowledge affects the observations and gathered data. base on the understanding of the researcher about the issue, they will absorb the observations and interviews in which they are interested. It is also likely that researchers unintentionally coiffe what they obser ve from the participants, and mold it to their own perspectives. Therefore, the potence risk is the possibility of misunderstanding or failure to present the accurate perceptions and opinion of participants about the research subject. A way to decrease observers bias and to overcome the risk ofrevealing misinterpreted data is to use additional observation methods such as imposture experiments, tape records, and multi-observers. Using these extra tools during the field study could be used as evidence of validity or reused as secondary data for another study. cultivationAfter critically analyzing both articles of Russel (2005) and Kamenou (2008), I have learned that qualitative research adopts different and various knowledge claims, research strategies, and methods of data collection and analysis. If the research processes are handled carefully it could provide a deeper understanding of the research topics. Qualitative analysis compiles the study of perception, meanings, emotions and behavior, which aim to present original, truthful insights about various human and cultural phenomena. By studying the papers and participating in the seminars, I gained insight and knowledge about the difficulties and challenges faced when carrying out a field study. The various external and internal influences have a crucial impact on qualitative studies and should not be underestimated.The article by Russel (2005) shows us a research conducted by a novice ethnographer, with accentuate on the uncertainties and challenges of her research. Contrast to Russells article, Kamenous article provides readers with her observations, interviewees view and personal life experience, the various responses and the causes of such behavior. I can conclude that both articles are both very interesting and significant. disdain the fact that there were some errors made during both studies, there is no headstrong guideline of how to conduct a successful qualitative study. In a way we will always tr y to understand the unknown, even though it is obvious that every individual has its own unique behavior and perspectives.BIBLIOGRAPHYBlyton, P., Blundson, B., Reed, K., & Dastmalchian, A. 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