Maguindanao Massacre Essay

November 23, 2009 a very significant date to all cotabatenos and a very controversial date to anyone who knows about the massacre. A day that brought the city into darkness.The time where majority of the people were into a great fear.The day where many innocent people were executed due to the willingness of others to win the position. Even for a country long hardened to election violence, the massacre of at least 57 defenseless civilians on the main southern island of Mindanao, many of them relatives and supporters of a local politician and a large group of journalists, sets a new low. This troubled corner of the Philippines usually makes headlines for its long-running Muslim separatist rebellion. But the killings starkly exposed a nationwide malaise: the fierce competition for regional power among the country’s small à ©lite of a few hundred families and clans that control an inordinate amount of the national wealth — and the desperate lengths some will go to protect their hold on power. The most talked about incident that happened 4 years ago has not been resolved until now. The brutal killing of 57 persons that were just about to file candidacy for Cotabato’s former governor Esmael ‘toto’ mangudadatu. On that day, the wife of Esmael Mangudadatu, a local politician, was to submit a Certificate of Candidacy on his behalf. He was to run for provincial governor. Local journalists joined them in a convoy going to the office of the Commission on Election in the municipality of Shariff Aguak. The journalists were interested as it was the first time that there is a man who will take risks to have a rivalry with an ampatuan in terms of running for a  position.. It was a challenge to the Ampatuans, the powerful ruling political clan. The Ampatuans were supporting Andal Ampatuan Jr., son of the then incumbent governor, Andal Sr., to succeed him as governor. But before Esmael’s wife, her party and the journalists could reach the Comelec office, the local policemen, soldiers and paramilitary forces blocked their way at the highway. They were allegedly given orders by Andal Ampatuan Sr., then incumbent governor and also the patriarch of the Ampatuans; and his son, Andal Jr., to kill the group. All the victims were taken to a hilltop where they were executed. Their bodies were buried in a mass grave together with their flattened vehicles. Their purpose was not to know where the killed people were. The magnitude of the Maguindanao massacre stands as evidence of an enormous challenge to the country’s system of justice. In this case, there are 196 defendants, each of them charged with 57 counts of murder for the death of 57 people, all charges being heard at the Regional Trial Court (RTC) in Metro Manila. The body of one journalist, which is required in prosecuting a murder case, could not be found. Over 500 others named only as â€Å"John Does† in the criminal charges have not yet been identified. Of the 196 defendants, 93 have been arrested; however, three of them have accused the police officers of arresting them in the place of real accused. Of the 93 defendants in detention, 29 of them have not been arraigned in open court yet. Before the trial could begin, it took the National Prosecution Service, the prosecution arm of the Department of Justice, over two months to file the 57 counts of murder in court against the defendants. Here, although the prosecution body did comply with its legal obligation to complete the preliminary investigations in at least 40 days for ordinary cases and 90 days for cases involving public officials as required by the Revised Rules of Criminal Procedure, Rule 112 on Preliminary Investigation, to be able to proceed with the trial to ensure that an â€Å"effective remedy† is achieved has been problematic in reality. The failure of the Philippine National Police to arrest the other 103 defendants, who are still at large two years after the massacre, has further delayed the trial of the case. Although all of the accused are charged for murder in a single incident, in determining criminal liability each must be arraigned, tried and examined individually in court during the tria l. The accused could also question the merit of the case by submitting petitions and motions in court either to have their names  excluded from the murder charges or having the entire case dismissed on question of merit. However, not all motions and petitions filed by defendants, particularly those of powerful and influential political figures are in good faith. In this case, some defendants who invoked a remedial right filed their petitions to either exclude their names from the murder charge or dismiss case allegedly to deliberately delay the trial. To date, there are still 29 defendants, including Zaldy Ampatuan, former governor of the Autonomous Region in Muslim Mindanao, who have not been arraigned. Zaldy is the son of Andal Sr. Under the Speedy Trial Act of 1998, section 6, in trial of criminal cases â€Å"in no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial†; however, four of the seven â€Å"exclusions† applicab le in this case, as stipulated in section 10 of the same law, have rendered the law inoperative. These exclusions are delays due to trials with respect to charges against the accused; interlocutory appeals; hearings on pretrial motions from orders of inhibition, or proceedings relating to change of venue of cases; finding of the existence of a valid prejudicial question; and absence or unavailability of the accused or an essential witness. Thus, the delay in this trial has so far been justifiable in the domestic law. I argue that these open-ended and broad exclusions have denied both the accused and the complainants their constitutional rights to speedy trial. The absence, if not lack of, adequate legal provisions that would ensure that motions and petitions that the defendants filed are examined thoroughly to prevent any attempt to deliberately frustrate the course of justice has exposed the court system as being open to manipulation. In this case, the defendants filed numerous petitions, motions and appeals that were legally justifiable in the  ¡Ã‚ §exclusions ¡Ã‚ ¨ clause of the Speedy Trial Act. Even though according to the Philippine Daily Inquirer â€Å"the court (had) practically holds three hearings a week — motions are heard on Mondays in Quezon City while the actual trial is conducted at Camp Bagong Diwa in Bicutan, Taguig City, on Wednesdays and Thursdays† (23 November 2011) for over a year now, there is no sign that the trial of the massacre case could reach its conclusion anytime soon. Therefore, the remark by one of the private lawyers, Harry Roque that the trial could take â€Å"55,000 years† if we take as a basis that â€Å"it takes five years to try a single case in the Philippines† (according to one study) is  not an overstatement. This could in fact be the length of the trial if the 196 defendants would be tried each for charges of 57 counts of murder. Effective remedy: violations in international law I argue that the Speedy Trial Act, in particular its section 10, does not conform to international norms and standards because its exclusions institutionalize delays in trial of cases and thereby deny an â€Å"effective remedy†. The domestic law and the rules of procedures that protect these rights exist, but they do not conform to international law. The domestic law rather has diluted substantive rights to be mere procedural rights. The UN Human Rights Committee has already held that the Philippines was in two cases in violation of its obligation under the Covenant for failing to ensure the â€Å"effective remedies† at the domestic level. In its views on Evangeline Hernandez v the Philippines (Communication No. 1559/2007, views adopted on 26 July 2010, UN Doc. CCPR/C/99/D/1559/2007), the Committee held it was in violation  ¡Ã‚ §of article 6, as well as a violation of article 2, paragraph 3†³ because domestic remedies had been â€Å"unreasonably prolonged† . The Committee reminded that the â€Å"State party may not avoid its responsibilities under the Covenant with the argument that the domestic courts are dealing with the matter, when the remedies relied upon by the State party have been unreasonably prolonged.† Evangeline is the mother of Benjaline Hernandez, a human rights defender murdered by the military and paramilitary forces in Arakan, North Cotabato in April 2002. Evangeline filed the individual communication even without fully exhausting domestic remedies, arguing that investigations, prosecution and trial in her daughter’s murder â€Å"have been ineffective and unreasonably prolonged.† The Committee has also observed that for â€Å"over eight years later, at the time of examination of this communication, it would appear that criminal proceedings initiated against the accused have not yet been finalized.† In another case, Lenido Lumanog and Augusto Santos v the Philippines (Communication No. 1466/200 6, views adopted in 20 March 2008, UN Doc. CCPR/C/92/D/1466/2006), the Committee also held the state party violated article 14, paragraph 3 (c) of the Covenant because it failed in concluding the petition for review into the death sentences of the complainants for eight years. Here, the state party was reminded of its legal obligation with article 2, paragraph 3 (a),  of the Covenant, to ensure â€Å"an effective remedy, including the prompt review of their appeal before the Court of Appeals and compensation for the undue delay†. The complainants, Lenido Lumanog and Augusto Santos, are two of five torture victims, collectively known as the â€Å"Abadilla Five†. The five were illegally arrested and detained, tortured to confess and after over 14 years of trial, were convicted for the assassination of Rolando Abadilla, a police colonel, in June 1996. They were convicted based on the testimony of one witness, Freddie Alejo. Alejo’s credibility has been questioned. In these two cases, the Committee found the Philippines has violated the rights of the complainants because the domestic remedies were ineffective and unduly delayed; however, legally these violations to international law had found justification under the country’s dome stic law, notably the Speedy Trial Act. In the domestic legal framework, delay is justifiable as part of the domestic criminal legal process, even though in these two cases it constituted a breach of the ICCPR. When domestic remedies are â€Å"ineffective and unduly delayed†, the aggrieved parties can file individual complaints with the Committee, since the Philippines has ratified the Optional Protocol of the ICCPR. Even when cases are within domestic procedural jurisdiction, the state could not invoke this as non-compliance to â€Å"exhaustion of domestic remedies.† To my knowledge, the Committee’s views and opinions have so far not been implemented at the domestic level. While the country’s Constitution adopts the â€Å"generally accepted principles of international law†, without an established mechanism to fully implement the Committee’s views, even if a state is held to have committed the violations of the Covenant and international law it signed, the notion of â€Å"effective remedy† will not exist in reality. The Maguindanao massacre is proof that the existing domestic mechanism, despite its recognition of the rights, is unable to comply with its international obligations because of the chronic defects of its own criminal justice system. The recognition of these rights in the 1987 Constitution, the codification of statutory laws and in criminal procedures and adoption of jurisprudence from foreign countries will not have substantial benefits to ensure protection of the right to an â€Å"effective remedy†. A well-developed domestic mechanism is a precondition in order to implement these rights. A backhoe driver has described in chilling detail how he used the excavator to bury the 58 victims of the Philippines’ worst  political massacre, according to a video aired Tuesday. The man said he dug a big hole near where the victims were shot by the Ampatuan clan in November 2009, then pushed the bodies as well as their cars down the pit. â€Å"I am Bong Andal, a trusted employee of the Ampatuans†¦they ordered me to bury the people they had massacred,† said the man in the clip aired by Manila-based GMA network. The clan allegedly ordered the massacre to stop a political rival, Esmael Mangudadatu, from running against one of its members for governor of Maguindanao, a poor farming province in the south. The Ampatuan patriarch, two sons and several family members are in custody and on trial for the murder of 58 victims, including 32 journalists who were covering the political contest. The backhoe driver was arrested last November, while more than 90 other suspects remain at large. GMA said Andal had signed a deposition that was given to state prosecutors. It said it later had an exclusive interview with him, in which he repeated the allegations made in the written deposition. The network said part of his quotes were from the deposition and part from the interview. â€Å"I used the backhoe to push the vehicles into the hole first. Then I flattened them with its metal arm,† the station quoted him as saying. â€Å"Some of the vehicles had dead people inside, so I just closed my eyes out o f fright and got on with it.† Andal also said he used the excavator’s arm to drag the dead bodies into the hole, the station said. Andal alleged in the video clip that the clan patriarch, Andal Ampatuan Senior, ordered him to take the excavator to the place where the 58 people were shot dead, and to make sure it had enough fuel. â€Å"The Ampatuans warned me and my parents not to get myself arrested. They said if I get caught they would kill my parents, my siblings and my children.† The driver is being held by the national government’s witness protection program, along with other witnesses, amid fears they could face retribution for testifying against the clan, GMA said. At least three witnesses have been killed since 2010, including a former Ampatuan family employee whose dismembered remains were found stuffed into a sack in 2012. Andal wants to become a state witness, GMA said GENERAL SANTOS CITY, Philippines – Lest we forget, we must remind ourselves that 4 years ago, 58 people were killed in one of the most reprehensible massacres in the long line of political murders in the country. On a scorching mid-day on Nov 23, 2009, Datu Unsay town Mayor Andal Ampatuan Jr and some 192 relatives, policemen, militiamen, and bodyguards  stopped a convoy of vehicles that was on its way to the provincial capitol of Maguindanao in Shariff Aguak and diverted it to a secluded and remote village in Masalay, Ampatuan town. There, witnesses said Andal Jr and his minions peppered the wailing and begging victims with bullets. Some 4 hours later, the world was jolted and revolted by the gruesome massacre. Thirty-two of those who were mercilessly gunned down were journalists and media workers. Standing accused and being prosecuted for the barbaric crime are members of the most fearsome and influential political warlords in Mindanao, along with their henchmen and avid supporters. Six members of the Ampatuan clan have since been arrested and are now detained at Camp Bagong Diwa in Bicutan, Taguig City. While most suspects have been arrested and detained, many are still at large. At least 8 of those still in the lam bore the surnames of the principal suspects – Ampatuan. And while 96 or so of the suspects are now detained, all but one have yet to face trial, the process bogged down by delaying tactics by the defense. In that one case that has gone on trial, the lawyers of the accused have yet to present their case after the prosecution rested on November 6 – or 4 years to the month since the massacre. At least 3 witnesses have been killed since 2010, including a former Ampatuan family employee whose dismembered remains were found stuffed into a sack in 2012. Despite this, Justice Secretary Leila de Lima has said that President Benigno Aquino III wants suspects convicted before his term ends in 2016. The final road On Thursday, November 21, families of the media workers and journalists who perished in the massacre will retrace the final road traveled by their loved ones and carry one message: When will justice ever be achieved? Indeed, it is not enough to see the masterminds and their minions confined in their detention cells. Paramount is retribution for the victims – for the massacre committed by the Ampatuans. The families are demanding justice. The world is insisting on the day of reckoning. Many are convinced that without it, the culture of impunity will forever be with us. 2009 will go down in history as the darkest year yet for the Philippine media with the killings of 57 people, including 32 journalists in southern  Philippines on 23 November – an event that has come to be known as the â€Å"Maguindanao massacre. A Philippine regional traial court today ordered the arrest of 189 suspects linked to the gory November 23, 2009 Maguindanao killings of 57 civilians, which shook the media worldwide. It was as if some senators read an oracle on the fate of the civilian massacre case in Maguindanao. Though governments all over the world deplored the killings, the case has lost its momentum. The celebrated Maguindanao massacre case took another twist when two members of the powerful Ampatuan clan tagged as two of the main suspects in the November 23, 2009, killings were cleared by the Department of Justice because the â€Å"existence of a conspiracy was not proven† Anger and relatives’ cries for justice reverberated on Thursday at the resumption of the celebrated Maguindanao massacre trial as a medical legal officer testified that one of the victims may have been raped before she was shot. Maguindanao massacre had been the most talked about topic since the day it happened. It affected not just the city of cotabato but also other places as soon as it was aired on television. The people in cotabato, specially those families who had lost their loved ones because of the brutal killing had been traumatized. It brought fear to us because it was the most brutal happening that happened. I know that in cotabato there are a lot of incidents happening. Like bomb threats,kidnapping,killing and the war against the terrorists but this topic was the most fearful. To compare, authorities arrested 12 suspects at the time of the massacre’s second anniversary in 2011. Two other suspects considered â€Å"big fish† who each carried the P300,000 bounty were arrested that year: Tumi Timba Abas and Dukoy Badal. Then in 2012, eight were also arrested, including two prominent Ampatuan clan members, namely: Datu Anwar Upham â€Å"Ulo† Ampatuan and Datu Anwar â€Å"Ipi† Ampatuan Jr. But this year, apart from not arresting any prominent Ampatuan clan member, authorities have only arrested one suspect that carries the P300,000 bounty: Talembo â€Å"Tammy† Masukat, who was collared on February 16. The six others arrested this year carried a lower bounty of P250,000 each: Nasser Guia, arrested on February 8 Maot Bangkulat, April 8; Kudza Uguia Masukat, April 15; Edris Nanding Tekay, May 28; Mama Nomba Habib, July 25; and Alimudin Sanguyod, October 18. An eighth suspect, Maguid Amil, was killed by authorities after resisting arrest in Maguindanao on February 8. Amil reportedly hurled a grenade and fired at one of the arresting officers. As of posting time, the total number of arrested suspects stands at 108. Of this number, 104 have been arraigned and all pleaded not guilty to the multiple murder charges. Among those arraigned are the eight prominent Ampatuan clan members, including patriarch Andal Ampatuan Sr, a former Maguindanao governor, as well as his three sons, Andal Jr, Rizaldy, and Sajid. Considered the worst single-day election-related violence in Philippine history, the Maguindanao massacre claimed the lives of 58 people, including 32 journalists, who were part of a convoy that was supposed to register then Buluan Vice Mayor Esmael Mangudadatu, an Ampatuan rival in the gubernatorial race for the 2010 automated polls. They were said to have been stopped at a checkpoint at Sitio Masalay in Barangay Salman, Ampatuan town and gunned down by armed men led by the Ampatuans. Mangudadatu eventually won as governor. This tragedy will never be forgotten as it was one of the most significant and historic happening that happened in cotabato city.It took us years to moved on to what happened. Mangudadatu stayed strong even though he lost most of his family member. He still continued his filing of candidacy and luckily he won. As he won, it brought happiness to the people as well as the families of the victims because it gave them hope that there will be justice served. But until now there are some petitions and complaints about the case because of the slow movement that causes the family victims to get angry because it is been years and until now there are still improvement in the said case. As the ampatuan denies about the massacre, it is one of the  factor why it is still an ongoing case. It gave the supreme court a hard time to resolve it because of their statements. They’ve been creating new stories for their sake to be not in prison but still there were some evidences that are strong b ut needsa very careful and intelligent study to really know who’s the real suspect to the said crime. http://content.time.com/time/world/article/0,8599,1943191,00.html http://www.gmanetwork.com/news/story/336621/news/specialreports/4-years-after-ampatuan-massacre-88-suspects-still-at-large http://www.rappler.com/nation/44427-families-maguindanao-massacre-compensation http://www.abs-cbnnews.com/focus/07/02/13/backhoe-man-describes-maguindanao-massacre-burial http://www.humanrights.asia/resources/journals-magazines/article2/1102/the-maguindanao-massacre-legal-and-human-rights-implications-of-court-delay http://themediaproject.org/page/maguindanao-massacre-story-index

Mitochondrial Myopathy Disorder Health And Social Care Essay

A â€Å" vitamin D † bottle of O is now in the house for good due to the frequence of the chest & A ; back musculus cramp. triggers can be â€Å" obvious † eg allergic reaction ( pollens, grasses, cats and Canis familiariss ) ; weather ; dramatic alterations in temperature ( eg: can non travel shopping in the country that some shops maintain at â€Å" icebox temperatures † . Occasionally I can acquire off with it if I merely need milk – I can keep my breath long plenty to acquire that, but I have to travel every bit rapidly as I can or the musculuss can spasm. However, the latter is still far better to â€Å" run the gantlet † for than what I have to â€Å" travel through † if I inhale the cold air ) . If I do hold to travel out into the cold during the winter months ( normally merely to travel to Doctors ) I must guarantee that I am adequately clothed, do certain that I am have oning my ski-goggles ( to maintain the cold air off from the ocu lus country, so that the oculus musculuss do n't spasm ) , and that I can take a breath â€Å" through † something ( like a warm scarf – I have a manner that where I can put the scarf merely a small higher at the forepart, and no-one realises what is truly â€Å" taking topographic point † ) ; A SUDDEN MOVEMENT OF ANY NATURE â€Å" AT THE WRONG MOMENT † , OR SIMPLY BEING UNABLE TO MOVE, BE IT EVER SO SLIGHTLY AT LEAST EVERY 15 MINUTES, REGARDLESS OF THE TIME OF DAY. The conditions or the trouble in being able to â€Å" writhe † or â€Å" shuffle † or travel the weaponries and custodies are the major factors doing the really painful â€Å" bad cramp † .BOTH VOLUNTARY AND INVOLUNTARY MUSCLES ARE AFFECTED BY THE MITOCHONDRIAL DISORDERTHE VOCAL CHORD MUSCLES HAVE DEGENERATED TO THE POINT WHERE THEY NO LONGER Work ALL THE TIME. ANY ATTEMPT AT SPEACH IMMEDIATELY BRINGS ON ACUTE PAIN AND CHRONIC SPASMS IN THE THROAT AND NECK WHEN THE VOCAL C HORDS BECOME PAINFUL AND THROBBING WHEN STRAINING TO SPEAK.Changeless INFLAMATION IS IN THE VOCAL CHORD / THROAT AREA.I HAVE BEEN ADVISED BY DR. WOOD NOT TO SPEAK BECAUSE OF THE NOW CONSTANT Menace OF MAJOR INFECTION, BUT THIS HAS PROVEN TO BE IMPRACTICAL, AND I HAVE LEARNED TO MANAGE THIS TO BE ABLE TO SPEAK THE MAJORITY OF THE TIME.WHEN NECESSARY, I USE A LAPTOP FOR ALL SPEECH/VOCAL COMMUNICATION NOW. I ALSO MAKE WHAT NOISE I CAN BY CLAPPING MY HANDS OR THIGHS [ I try non to stomp my pess as that gives the incorrect feeling ] , DEPENDING ON CIRCUMSTANCES AND SITUATION TO GAIN THE ATTENTION OF THE 2ND/3RD PARTY REQUIRED IF THE MATTER IS IMPORTANT.I AM NOT STUPID OR DEAF, AND MY â€Å" MENTAL FACULTIES † ARE FULLY COMPREHENSIVE. PLEASE SPEAK NORMALLY.Muscle â€Å" Problem † – Diagnosis by Dr Katekar:There are at least ( 2 ) neurological upsets, 2 muscular upsets and mitochondrial upset [ non genetic/hereditary ] . The Mitochondrial Disorder has caused Muscle Atrophy and Weakness resulted in an instability in the musculus fluids ( but NOT Dystrophin, although non good this fluid is produced sufficiently to Govern OUT Muscular Dystrophy ) , with Acute/Chronic Pain. There are 3 types of hurting, necessitating 3 types of medicines for â€Å" alleviation of kinds † ; and Chronic Muscle Spasm in BOTH the Voluntary and Involuntary Muscular Systems eg: Voluntary Muscles: legs, weaponries, bole of organic structure, stop and upper trunk [ this can do major jobs take a breathing and there is oxygen kept in the place for this intent, guaranting O impregnation is at an acceptable degree despite dramatic deceleration of heart/pulse. Requests for the Blood Trials to Confirm this for entry to DVA have been refused on the evidences that my life would be at great hazard, as my heart/pulse beads to around 50bpm and blood force per unit area drops at best, to approx 60 over 70 [ mean [ normal ] blood forc e per unit area for me is 70 over 90 ; eyes ( doing blurred and/or dual vision to impermanent sightlessness of unpredictable clip frame. If unable to talk at these times, I use deaf/blind sign language ) . It is non unusual for an oculus musculus to spasm, doing said oculus to be â€Å" immobilised † for the continuance of the cramp, and the other to travel usually. It has been known for both eyes to spasm at the same clip. This is farther complicated at present by fast turning Cataracts, which are scheduled for remotion whilst I am â€Å" In Remission † ; pharynx ( trouble swallowing, and â€Å" little stairss † often halt medicine go throughing into the tummy, particularly if merely 1 tablet is being taken ) . The pharynx is besides â€Å" unfastened † from vocal preparation in my teens and early 20s and it is non uncommon for the vocal chords to acquire inflamed or infected. This is minimised by regular â€Å" intervention † of a one-fourth a le mon followed by sipped Dry Ginger Ale ; vocal chords have degenerated doing them to be strained, annoyed and inflamed. I sip Dry Ginger Ale to ease this, but the menace of major infection is now a invariable, and I have been advised by Dr Wood non to talk or whisper at all. I use a laptop computing machine for all speech/vocal communicating now ; jaw musculuss cramps make eating hard, although non impossible, and I tend to maintain to soups, soft nutrients and fluids at these times. Involuntary Muscles: tummy, vesica merely. The vesica is now dystrophic and I â€Å" maintain a mental oculus on my unstable consumption and what is â€Å" passed † . If I feel that there is an instability, and fluid is being retained, I so use catheters to guarantee that the vesica is being wholly emptied to cut down infection and take the Lasix until it is one time once more â€Å" under control † ( if infection is indicated so I start a class of anti-biotics instantly – this has proven to be greatly good, maintaining the infection mild and minimal ) . Another Fluid Chart has been kept from Mid January, 2009 to supervise that all is one time once more as it should be, and whether catheters are being used. Please make non waver to bespeak a transcript of the Chart if required ; diaphragm merely ; big intestine ( when the musculuss spasm, it is hard to make more than a â€Å" little † gesture. As there has been an escalated frequence in this, and it takes an norm of 7 yearss before the intestine starts to empty anything like â€Å" to the full † , suppositories are traveling to be trialled to see if they can give equal alleviation and cut down the hazard of any â€Å" nasties † developing ; little intestine ; pes musculuss ; facial musculuss ; neck musculuss ( jobs can be caused in the cervical spinal column as a consequence of this, every bit good as terrible concerns. Migraines are non uncommon and hurting or blaze related ) ; etc. The lone â€Å" musculus † that appears to be working at its best, without â€Å" bugs † is the bosom, despite all the musculuss around it traveling into chronic cramps, although this happening does decelerate it down. To day of the month, all trials are clear despite the low blood force per unit area ( and I am making my best to guarantee that it stays that manner ) . MY PHARMACY IS TORONTO AMCAL PHARMACY For any questions the REFERRING PHARMACIST is SAM ZOGHBI FOR RELIEF and / or aid DURING PERIODS OF MUSCLE SPASMS ( these can be of short ( if treated rapidly ) or prolonged continuance. There is no â€Å" put † clip frame here – it can travel on for hebdomads, necessitating the pickings of medicines for an drawn-out period of clip, including the IM Injections, although these are merely used when perfectly necessary. Oral medicine merely is preferred ) : TRAMAL 50mg ARE GEL CAPSULES and are SLOWER TO RELEASE into the system. This medicine is the lone analgesic able to be used because of my Opiate Allergy, and so merely for every bit short a period of clip as possible. If the stop muscles spasm, unwritten medicine takes excessively long – I am unable to inhale, as the musculuss maintain fastening around the lungs/diaphragm. For the cramp ‘ it ‘s unwritten BUSCOPAN and VALIUM ( 10 to 40 milligram ) . I self inject into the thigh musculuss DIAZAPAM ( 2mls to 12mls ie 1- 4 phials ) when it â€Å" hurts large clip † . Quick Relief. The 6 phials are merely used if bulk of all musculuss are in cramp, and particularly the stop to throat musculuss and similar up the back. This â€Å" event † is Rare. It feels like I ‘ve got a large broad set of steel around my organic structure and that it is being continually tightened. The hurting does n't assist. Oxygen is besides indispensable when the musculuss are at this pont.FOR MEDICAL PROCEDURES [ USUALLY IN THEATRE ] and MRIs REQUIRING MUSCLE SPASM FREE IMMOBILITY FOR MORE THAN 10 MINUTES:No â€Å" pre-medication † prior any GENERAL OR LOCAL ANAESTHETICWITH THE EXCEP TION OF:30mls MEDAZOLAN to be injected IV prior.MRIs require a General Anaesthetic.CT Scans, ULTRASOUNDS and NUCLEAR SCANS require VALIUM [ DIAZAPAM ] IM Injections [ ego administered ] and Buscopan, the latter depending on the process and clip frame required 30 proceedingss prior Scans so to guarantee musculuss are spasm free and to help by leting me to put level for a minimum clip. 30mls IV Valiumor Medazolan is required for drawn-out processs and this needs to be â€Å" topped up † with 10mls every 30 proceedingss [ please refer to Medical Records at John Hunter Hospital when I had to hold a Nuclear Scan ] . POST TRAUMATIC STRESS DISORDER ( PTSD ) – Primary and secondary, has been diagnosed. This is being treated by Dr Kim John Street, Swansea. Allergies: ALL OPIATES, including: Morphine ; CODEINE ; PETHADINE ; and ALL RELATED MEDICATIONS AND INJECTIONS ; ALL PLASTERS except HYPAFIX by BSN medical As it is non often used or stocked, I guarantee that I carry some all the clip – you will happen I ever have some with me, and kept in a bluish vinyl, 2 zippered â€Å" billfold † with my medicines and injection rubs. Any lesion will necessitate some kind of dressing before the aerated plaster is put on ( for obvious grounds ) I do do up some into â€Å" set AIDSs † , used chiefly when I need any injections or blood trials. DO NOT USE MICROPORE OR ANY OTHER PLASTER UNDER ANY CIRCUMSTANCES. GAUZE BANDAGES ARE OK IF THE HYPAFIX IS UNSUITABLE. Plastic SKIN, OR OTHER SIMILAR PRODUCTS, INCLUDING â€Å" LIQUID BANDAIDS † MAXILON, TOTAL INTOLERANCE = must be given STEMETIL BARIUM, INFLAMATION OF ALL â€Å" DIGESTIVE TRACT †WHEAT ; RYE ; KIBBLE & A ; OTHER â€Å" DRY † GRASSES/GRAINS AND GLUTEN including family â€Å" Lawn Grass † ;DUST & A ; MOULDSCATS, DOGS HORSES & A ; COWS ;WATTLE & A ; POLLENSKNOWN REACTIONS TO ALLERGIES:â€Å" MEDICATIONS † & amp ; â€Å" WATTLE † & amp ; â€Å" POLLENS † = ACUTE SWELLING INTERNALLY, WITH ITCHING ; POSSIBLE FULL MUSCLE COLLAPSE, INCLUDING = CHRONIC NAUSEA ; VOMITING ; DIFFICULTY BREATHING ; THROAT CONGENSTION â€Å" Plasters † = RED RASH DEVELOPING INTO A FORM OF WELT, EXTREMELY ITCHY and OFTEN LOOKING LIKE A BAD SCALD, WHICH EVENTUALLY BLISTERS – Time FRAME CAN VARY DUE TO CIRCUMSTANCES. Grasss, Cats, Dogs, Horses and Cows: â€Å" Swelling AND EXCESSIVE WATERING OF EYES † â€Å" WELTS † and â€Å" CHRONIC Itch † , AT ALL PHYSICAL CONTACT POINTS List of Previous Operationss and Anaesthetics & A ; /or Hospitalisation, including twelvemonth and Hospital Year Operation & A ; /or Hospitalisation and Details 2009 Cataract Right Eye Removed by Dr David Manning at Hunter Valley Private Hospita cubic decimeter 2009 Larynx Infection – Kurri Kurri District Hospital 2009 Larynx Infection – Maitland District Hospital 2009 Lumbar Spine Traction and Larynx Infection – Lingard Private Hospital 2009 Larynx Infection – Belmont Hospital 2009 Larynx Infection – Belmont Hospital 2009 Cataract Left Eye Removed by Dr R Griffits at Toronto Private Hospital Chronic Chest Pain, Muscle Pain and referral to and monitoring by Pain Clinic [ John Hunter Hospital so transferred to Rehab at Toronto Private Hospital ] Possible Spinal Fracture – Lumbar ( subsequently diagnosed Lumbar Spine status aggravated and T8 wedged and stress break by T7 and T9 ) [ Lingard Private Hospital ] Multiple Cyst Removals ( assorted topographic points on Scalp ) [ Newcastle Mater Hospital medazolan used ] Multiple Cyst Removals ( both Breasts ) and Nipple Reconstruction ( RightBreast ) [ Belmont Hospital medazolan used ]Left Shoulder Rotator Cuff Surgery for break [ Hunter Valley Private Hospital ] 1991/1992 Probes of Muscle Disorder and admittance for possible spinal harm as a consequence of backwards autumn in the wheelchair [ Prince Henry Hospital – Records should now be held at Prince of Wales Hospital, Randwick ] 26 Cysts removed from Head and Full Body [ Prince of Wales Hospital, Randwick ] Multiple Haemorrhoids removed [ Prince of Wales Hospital, Randwick ]Muscle Biopsy – Deltoid Muscle Left Arm [ Orange Private Hospital ]Colonoscopy – non completed due to Chronic Muscle Spasm of the Bowel [ Dubbo Clinic ] Spinal Manipulation [ Dubbo Base Hospital ] Hysterectomy – Womb Merely [ Crown Street Womens Hospital – Records are now at Royal Womens Hospital, Sydney ] 1981 – 1973 D & A ; C ‘s every 3 – 5 months ( about 11 surgeries that are remembered ) [ Gosford District Hospital and Crown Street Womens Hospital ] 1977 Reconstruction of Bridge of Nose due to poisoning of Sinuses [ Royal North Shore Hospital ] Very Large Tumour Removal from cervix ( approx 18cm x 9cm ) [ Royal North Shore Hospital ] Appendectomy [ Gosford District Hospital ] Removal 4 Molars [ Wyong Hospital ] Hernia in Groin – fix to exceed of leg by Plastic Surgeon [ Brisbane Hospital ]Full Reversal Blood Transfusion – â€Å" Rhesus Baby † [ Unscreened Blood had Hepatitus B Strain, but Liver Functions [ closely monitored ] show no indicants, and are normal ] . Please bespeak a transcript of the Last Blood Test for Your Records & A ; General Information [ Crown Street Womens Hospital – Records now at RoyalWomens Hospital, Sydney ]Pregnancies: 4 ten Miscarriages so Daughter Born 09/01/1952 [ Crown Street Womens Hospital – Records now held at Royal Womens Hospital, Sydney ] ; 1 ten Miscarriage so Son Born 03/02/77 ; [ Crown Street Womens Hospital – Records now held at Royal Womens Hospital, Sydney ]GENERAL INFORMATIONI usually have really low blood force per unit area: it is non unusual for it to be 60/70, and after general anesthetics, it has been known to be in the high 40s-low 50s over 60-70. My pulsation is besides â€Å" slow † : seldom greater than 60 per minute, and it is non unusual for it to be in the low 50s. It has been known to be in the high 40s for considerable periods of clip.The above rates are non a consequence of musculus cramps, although they can lend to said degrees.Both my low blood force per unit area and decelerate pulsation have been apparent for every bit long as I can remember [ my female parent besides has changeless low blood force per unit area ] . If I feel that there is an at hand job with blood O soaking up, I have some O and albuterol instantly, and remain on it until my coloring material has returned â€Å" to normal † and my pulsation has increased to above 60. Although non a frequent happening, it has occurred frequently plenty for me to hold this â€Å" a criterion operating process † when I feel that my pulsation has dropped a small excessively low and my skin coloring material changed – albeit merely little. There has been considerable concern during the last 12 months about these degrees and I have learned a manner of intensifying them, but it is a difficult subject to keep, and when stressed or dying, I merely ca n't look to pull off to â€Å" draw it up † I DO Not hold asthma and a bosom status has non been diagnosed, although regular ECGs are ever done anterior any â€Å" medical processs † , and when it is felt to be necessary to guarantee that the musculuss have caused no harm or other â€Å" bugs † , particularly as chest musculus cramp is â€Å" common † . I ‘ve had several ECGs of late – all indicate a really slow bosom rate, but no-one has expressed concern at this [ pulsation is averaging 54 at present ]I am besides intolerant of onion and Allium sativum as a consequence of the degenerated sphincter musculuss at the tummy [ this does non include â€Å" spring onions † or â€Å" peppers † – there has been no reaction to them to day of the month.Dry Ginger Ale sooths and helps the vocal chords, although it is accepted that the â€Å" harm † [ devolution ] will non be able to be â€Å" improved † .Thank you for your clip and apprehension of these recent alterati ons, and your forbearance. Update: 5th July, 2010 I am Dr Mannings patient for my eyes. Both have had cataract surgery and the 3.8mm+ ocular nervousnesss are damaged from the mitochondrial upset over 10 old ages ago. The Guide Dog Association has come back on board with retraining and reassurance with some Cane Work, which has helped my morale vastly. For low vision and blind periods. Professor Ghabrial had me in grip for two hebdomads in Lingard Hospital which was successful. It eased the hurting well from all the shrinkage and wedged vertebra that took topographic point while being out of remittal for some 10 uneven old ages. I had a autumn that once more made the spinal column Mobile and I have had a physical therapist gently rub my dorsum for some hebdomads, and this seems to hold helped. I have been advised to acquire an elastic surgical girdle when present chest â€Å" issues † have been resolved. I am now, gratefully, in full remittal, so hold legs do travel once more i?S – good carefully planned travels er walks. I am really careful non to exaggerate it and do them â€Å" want to give up and set down me on my proverbial butt † ! I was thrilled to happen that I was able to March in Sydney on Anzac Day in 2009 [ my late hubby, Bear, was one of the last smattering of Combat Field Engineers/Tunnel Rats to go forth Vietnam ] and so walked from Hyde Park to the â€Å" bottom terminal † of Wentworth Street without any jobs, and after holding â€Å" a drink † [ dry ginger ale ] with some of â€Å" the Mates † and a friend, went on to walk the short distance to Central ] . I had no jobs with my legs making any of this and neither were there jobs the undermentioned twenty-four hours, bespeaking the strengthening of the Remission â€Å" Stage † . It has got even better since so. I have no jobs walking to and from my place [ three blocks up the ridge above Toronto High School ] to Toronto shopping Centre, although I do non transport my purchases, but use a â€Å" shopping streetcar † General wellness is first-class. The Voluntary musculuss appear to hold stabilised peculiarly good [ the best since the late 1980s ] , the involuntary are prolonging and changeless in their present status = non great, but could be worse. The sphincter muscles work the least, the saddle sore vesica has shrivelled to virtually nil, the liver map is great as at the last blood trial, The vesica can non do up its head so I keep the catheters handy, and the intestine does its ain thing although it has been decided that if I am non happy with â€Å" my motions † for three yearss and there is no alteration on the 4th, I have been advised by Dr Sharon to utilize clyster to guarantee â€Å" the build-up † from the musculuss non desiring to let go of and remain spasmed, does non do jobs further down the path. No processs can be done internally, as, for illustration, with the small cameras attached to whatever, as the musculuss will spasm around them, and any tools being used every bit good, and has been deemed unsafe and perchance life threatening, depending on where. The Blood Gases blood trial still has to be done for DVA to pay for the O that I need and use and have been paying for for old ages, but non been done to day of the month because my blood force per unit area and bosom rate are excessively low and at least 14 physicians to day of the month hold denied me the pickings of the blood for the trial because they deem it to be life endangering. Without it – I continue to pay for all that is required to hold the O in the place and the â€Å" gas bottle in usage † . No worries the monthly $ 110 has become a portion of my general budget now – one gets used to holding to pay for these things. Dr Katekar has wanted me on specific minerals and vitamins to feed the musculuss and maintain the fluid degrees every bit high as possible – prescribed medicine – those originally put frontward are now covered by DVA and â€Å" the needed DVA test period of 3 months † will get down early January. They can so be appr oved for lasting prescription and with the status now being accepted, farther addendums can now be put frontward. I have found the Blackmores Magnesium to be an â€Å" indispensable † [ although I have found that the Thompsons Organic is better, it is besides harder to acquire ] . I am prone to fluid keeping as a consequence of the medicines that I am on, but this is now virtually under control and I am able to maintain such keeping to a minimal thanks to the Lasix fluid tablets as required. I merely take them when I feel the demand Internet Explorer I bloat with the fluid or experience the fluid is non being passed as it should and observe whether or non the vesica â€Å" issues † require the usage of catheters.I am unable to put level – period! My spinal and musculus conditions combined [ including wedged vertebrae ] , have made this impossible [ and yes, now being in remittal, I do seek, but to day of the month, pay a immense monetary value for it within a twosome proceedingss = chronic hurting and musculus cramps, worsening the already â€Å" shrunk spinal column † symptoms ] . To put level I need to be good medicated with anti-spasmodics including IM Injections, which I ever carry with me should the musculuss go into an unexpected cra mp. I have an electric bed at place with allows me to kip in a â€Å" zigzag † manner, taking every bit much emphasis off the back musculuss as possible. Yes, it is a important consideration with respects the grip, although non unsurmountable. With my voluntary musculuss bit by bit beef uping, it is a great feeling for me and has decidedly given me greater quality of life, being able to travel around independent of Jade – my wheelchair. The lone cloud on my skyline, as such, is my ability to talk and recent ache, uncomfortableness and rubing 24/7 and intermittent crisp hurting [ day-to-day ] in both my chests – really different from that which is caused by any of my musculuss in the yesteryear. The â€Å" little musculuss that create a span † between the vocal chords and the pharynx have atrophied and broken, making trouble to talk, although frustrating, does non trouble oneself me, being the 2nd clip unit of ammunition that I have â€Å" been here † and I have Sheeba [ my laptop ] to help me now, where in the past, I had My Bear [ late hubby ] who came with me to construe the sign language that I had to make, or guarantee that he was at that place to compose for me should my manus musculuss â€Å" give out † . Dr Sharon has advised me non to talk at all because of the chronic hurting induced by the annoyance, exasperation and redness that is created in the pharynx in that part, so that the infections are kept minimum. I need the same antibiotics if the vesica gets infected, and can non, because of my medicine allergic reactions, â€Å" have my organic structure acquire excessively used to taking them † in instance of â€Å" unsusceptibility â⠂¬  . That said, I have managed the hurting and uncomfortableness to be able to talk most of the clip, and there are distinguishable indexs when I need to halt and fall back to the laptop, and it now happens merely on occasion. WHEN THE LARYNX IS SWOLLEN, AS IT IS AT PRESENT I CAN SPEAK. IT ‘S A BIT ROUGH FIRST Thing IN THE MORNING BUT EXERCISES GET IT â€Å" UP AND RUNNING † Oklahoma AND I HAVE LEARNED TO LIVE WITH THE PAIN.IF THE SWELLING BECOMES TOO GREAT, THE LARYNX BLOCKS THE THROAT, CHOKING ME AND REQUIRING HOT DRINKS AND OXYGEN. THE BLOOD GASES DROP DURING THE BLOCKAGE – Acerate leaf SENSATIONS DOWN TO THE BREASTS AND AT THE SAME LEVEL IN THE ARMS.The custodies and pess are still a changeless job with spasms/cramps, hurting, pins and acerate leafs and all activities tire them, including keyboards, although I can work on them the longest. Thank goodness I have been an Executive Secretary in the yesteryear and that has stood beside me now. When the hands/fi ngers get weary, I have to take a interruption, although these are now going less frequent. I can non utilize my present brailler – the keys are excessively difficult for my fingers to press, but Vision Australia are traveling to interchange it for me for one with an easier keyboard, which will be great. Yes, I am larning Braille. My status includes periods of entire sightlessness and I have no purpose of halting my life because of it in the yesteryear, nowadays or hereafter. A TTY phone has besides been set up in the sofa room for me to do my phone calls. I call a Relay Officer to whom I type who I want to name, they dial the figure and on the â€Å" travel in front † I start typing what I want to state and they relay it to the individual I am naming. When she has finished what I have typed, she says â€Å" travel in front † and the individual I have called speaks straight to me, on their â€Å" travel in front † I so respond and so the conversation axial rotations on. It is non linking every bit easy as it should at nowadays, so it ‘s usage is minimum at present. Electronic mails have come to my deliverance until we can acquire the TTY â€Å" sorted out † . At this point in clip, I have put it awayaˆÂ ¦aˆÂ ¦Nice!Having a high hurting tolerance does non do the appraisal of my conditions an easy thing for me.

Code-switching: The Effects for Students and Teachers

Introduction In the current global economic climate, the ability to speak English has become an important business tool. English has essentially become the â€Å"universal second language† of the international labour market, and the socio-economic significance of this cannot be overstated (Light, 2007: 9). It is now commonplace for many universities across the world to teach courses in English as well the native language of their country. One of the most apparent consequences of this has been the widespread use of code-switching, where multiple languages are spoken in everyday communication. As such, code-switching is often seen as a social as well as a linguistic medium. This paper will attempt to demonstrate the causes and effects of code-switching in bilingual classes. The Definition of Code-switching Code-switching involves the use of multiple languages, where speakers of additional languages incorporate alternate linguistic elements into their source language. As such, two or more languages may be spoken alternately during a conversation. Chan et al (2009) usefully describe code-switching as â€Å"the intra-sentential switching of two different languages in a spoken utterance† (Chan et al, 2009: 281). The Causes and Effects of Using of Code-switching in an Academic Context The academic use of code-switching involves a more complex and random effect than can be fully explained by a students ability to speak in a certain language. Recent (debatable) research has identified reasons behind the occurrence of code-switching and the extent to which the process of learning has been affected. A large number of situations are considered to be causes of code-switching, one of which is linked to gaps in students’ linguistic ability. As a result, students may engage in code-switching in order to overcome linguistic shortcomings; however this cause may be considered a weak justification. In other cases, a lack of one or more words in either language may lead to code-switching. That is to say, bilinguals make clear that they code-switch when they cannot find the correct expression or term. Often the target language simply does not have the exact word needed in order to maintain a discussion smoothly, and code-switching is necessary. In addition, code-switching can have a positive impact in an academic context. An important teaching skill is the ability to transfer knowledge to students in a clear and efficient manner, and so code-switching can be a useful tool in the classroom for both teachers and students (Bista, 2010: 1). Code-switching may also be used to emphasize a point, or to add more force to a phrase. On a psychological level, learners often code-switch when they feel tired or angry. For example when the speaker is in a good mood, the appropriate word or expression in their second language is easily identified. However if the speaker is distracted in any way, they may find it difficult to grasp the correct word. In a purely linguistic capacity, code-switching may be used to compliment a statement, where it can particularly reinforce an intention or meaning of the speaker. Although sometimes viewed as linguistic incompetence this is not always the case. Code-switching will often occur when the speaker wishes to compensate for a lack of a verbal equivalent in the second language. Baker (2007) describes this well: â€Å"Words or phrases in two languages may not correspond exactly, and the bilingual may switch to one language to express a concept that has no equivalent in the culture of the other language† (Baker, 2007:108). There are also personal and social reasons for code-switching in that one’s choice of words can represent an expression of their personality. Allatson (2007) suggests factors that can lead to code-switching as location, class, gender and age. In addition the relationship between the speakers; the formal or informal nature of the conversation and the social status of the speakers can also be factors (Allatson, 2007: 73). Another social explanation is that speakers tend to code switch to attract attention. In Saudi Arabia, for example, code-switching is often used among teenagers to draw the attention of their colleagues. Furthermore they switch from Arabic to English to show that they are confident about themselves. In general, code-switching effects are widely perceived as negative. Namely, there is a tendency to view code-switching as barrier to learning and as being disruptive to the learning environment. Accordingly, the practice has been considered as a sign of linguistic deficiency. Li (2008) notes that despite code-switching being commonplace in both the speech and writing of multilingual societies (often with English as the second language), it is usually frowned upon by multilingual speakers within these societies. (Li, 2008: 76). In an academic context, studies by Arrifin and Husin (2011) have observed that learners with a greater linguistic ability often see code-switching as and obstacle to becoming fluent in a second language. Their findings indicated that students with a degree of competence in English found it difficult to make progress in an environment of code-switching (Arrifin et al, 2011: 221). Other studies have reached similar conclusions. Bista (2010) conducted a study in the US which found that code-switching not only had a negative impact on the linguistic learning ability of students, but also highlighted lack of ability in the second language as a primary cause of code-switching (Bista, 2010: 1). Others have a different view however, in particular that code-switching may be perceived as ‘linguistic resourcefulness’. Baker (2007) argues that users of code-switching show impressive cognitive, linguistic, and social skills. In his view code-switchers may be preserving the meaning of their original statement by overcoming the lack of a suitable word in the second language (Baker, 2007: 56-57). Surveys of a number of English language students have reported that they view code-switching as having a considerable influence on the learning process. From their perspective, code-switching assists in understanding the more complex linguistic elements of the second language. It may also help in the translation from their first language to the target one. Conclusion It may apparently be concluded that the impression of code-switching as a barrier to learning seems to be the prevalent view amongst both learners and teachers, and that any positive effects of code-switching are not yet widely recognised. As a consequence of this, it would be reasonable to assume that the attitude of both teachers and students towards code-switching may have been somewhat influenced by this common viewpoint. In the near future however, signs are that code-switching may possibly be seen as a tool for learning. In that event, some restrictions on the use of code-switching must be established by teachers in the classroom, and learners should code-switch only when there is an in urgent case. Eventually, it might yet become a beneficial tool for both learners and teachers. References Allatson, P., 2007. Key terms in Latino/a cultural and literary studies, Oxford: Blackwell. Baker, C., 2007. A Parents’ and Teachers’ Guide to Bilingualism, Clevedon: MPG Books. Light, I., 2007. ‘Global Entrepreneurship and Transnationalism’. In Ed. L. Paul Dana. Handbook of Research on Ethnic Minority Entrepreneurship: a Co-evolutionary View on Resource Management, Cheltenham: Edward Elgar Publishing. pp.3-15. Arrifin, K. and M. Susanti Husin, 2011. ‘Code-switching and Code-mixing of English and Bahasa Malaysia in Content-Based Classrooms: Frequency and Attitudes’. The Linguistics Journal, June, pp.220-47. Bista, K., 2010. ‘Factors of Code Switching among Bilingual English Students In the University Classroom: A Survey’. English for Specific Purposes World, Volume 9, pp.1-19. Chan, J. Y. C., H. Cao, P. C. Ching, T. Lee, 2009. ‘Automatic Recognition of Cantonese-English Code-Mixing Speech’. Computational Linguistics and Chinese Language Processes, September, pp.281-304. Li, D. C. S., 2008. ‘Understanding Mixed Code and Classroom Code-Switching: Myths and Realities’. New Horizons in Education, December, pp.75-87.

International Construction Contracts Essay Example | Topics and Well Written Essays - 2000 words

International Construction Contracts - Essay Example Besides the central issue of construction, it has also dawned on me that the very legal backing behind the international engagements and more specifically the construction industry is the contractual agreements, thus the urge to understand the different aspects of construction has led me into digging deeper into the legal framework that creates the enabling environment binding both the contractor and the contracting party. Thus this study is zeroed in on international construction and international contracts. Information on these two is gathered from literature books on construction and legal books on international contracts an in depth study has also been conducted on various journal releases on construction. The study also includes information gathered orally from peers in the construction industry and though this research may not be satisfactory to all interested in the study, it will at least offer an insight into the issue. Local development has led to most companies devolving their incomes to other engagements and this has led to cross border trading and to a greater extent global trading. This has not been exceptional for construction companies which have extended their services to other countries well beyond their mother countries. This has been due to difference in technology, existence of conducive business environment and availability of liquid capital which has facilitated investment. However, engagement in foreign countries has definitely brought a need for regulatory measures which have been accorded through international contracts which bind the firms involved. A contract is a biding agreement between two firms or parties which draws expectations of each in regard to the other. (Pheng et al 2004) It is based on laws and since international agreements consist of more than one country, then there is need to consider the laws of these two countries. This again has brought in some technical aspec ts as all laws are not unanimous and each country has its own construction regulation laws as well as legal aspects that govern contracts. To overcome this discrepancy, a panel of individuals is drawn from countries with a common legal background such as the common wealth countries and they draw agreeable laws which are used in drawing a contract. These are the laws that are used to draw up international contracts and follow up a specific guideline and outline precisely the requirements and terms of the contract. In regard to the construction industry, there are certain agreed architectural and construction laws which govern international construction. (Chapman et al 2007) These must be abided by in order to ensure safety and quality for those who are subject to the constructions. This part of the research thus looks at certain aspects of the contracts specifically related to the construction industry. To ensure that this is tackled properly, the study will be divided into three parts. The first will tackle the success factors in international constructions, the second part will tackle the potential problems faced by international contractors and how these problems can be tackled and the final part discusses the future roles of international contracts. Conclusion Success factors These are factors that need to be considered before a construction engagement for they determine the success of the engagement. Project scouting This should always be the

Discourse Analysis on a Movie Scene Essay Example | Topics and Well Written Essays - 1000 words

Discourse Analysis on a Movie Scene - Essay Example In this scene we meet Billy Beane asking â€Å"guys your still trying to replace Giambi. I told you we can’t do it. We can’t do it. Now what we might be able to do is recreate him. We create him in the adding field.† The situation is the Oakland Athletic offices during a roundtable meeting between him and a group of scouts. Billy, the speaker of this word, is chairing a meeting that is deliberating on the way forward for the team after losing some of its best players to other teams while still brainstorming on what to do to counter any adverse effects on their performance that might be prompted by the shoestring budget that they have been allocated. The conversation and particularly the grammatical moods in this scene undergo a number of changes. A good example of this can be seen in this particular point of the conversation; Billy: Giambi's on-base percentage was .477.Damon's was .324. And Olmeda's was .291. Add that up and you get (He points to Peter.) Peter: Y ou want me to speak? Billy: When I point at you, yes. Peter: Ten-nine Billy: Divided by three- Peter: Three-sixty-four. Billy: That's what we're looking for. And that's what we'll find. Three players whose average OBP is - Peter: Three-sixty-four. ... planation on how sabermetrics works in identifying new players appears very casual because according to him question on the same appears more or less like distraction, which is just an extension of the authority that he apply in his speech. Also, notice how the coherence and the flow of the discourse structure flows in this particular section. In fact, was it not for the unity of schema between the speakers, conversation breakdown would have been inevitable (Collins, 23). However, as the conversation progresses we see him adapting a more positive politeness which is probably due to both his scant understanding of its working and also his own uncertainty on its effectiveness (Lewis, 16). In this regard we have Billy speaking to the scouts in a manner that suggests that they have nothing to lose even if the strategy fails to deliver expected results. This does not however dampen the scouts from raising a multitude of objections all of which are informed by very valid issues in the whol e strategy, which explain why his calm and cool discourse begins showing signs of wearing out (Brown & Yule 41). Just have a careful look at this change of tone and attitude in this piece; He puts the first strip up. It reads: JEREMY GIAMBI Billy: Jason's little brother Jeremy. Keough: Oh, god. Billy that’s trouble Poloni: Billy, if I may, he's had his problems on the field -- not to mention his problems off the field -- not to mention he's getting a little thick around the middle -- there's the stuff with the weed. He's at strip joints†¦ Billy: His on-base percentage is all we're looking at now and he gets on base an awful lot for someone who only costs $285,000 a year. (Money Ball, DVD) In this particular section Billy also come out as a smarts and intelligent person especially when

Team sport economics Essay Example | Topics and Well Written Essays - 1500 words

Team sport economics - Essay Example Sports characters, occasion, and organizations influence our society in a wide, diverse and sometimes in unanticipated ways. Some of the most critical policy issues stirring sports in the contemporary world originate from an interdisciplinary overview that includes economics, history, urbanization, non-profit administration, public health communications, political science and philosophy (Mildner and Santo, 2010 p.13).This essay critically evaluates the approaches and policies incorporated by North American sports and European Sports to achieve a competitive balance through the examination of competitive balance in Philosophy and Policy1. Generally, policies and philosophies in sports enable us to comprehend and asses complicated and disputed topics in the word of sport today especially in this paper, the National Football League (NFL) and the European League. Policies and philosophy usually review affairs related to professional sports along with the outstanding natures of American and European sports. In addition they deal with matters concerning decision making, conflict resolution, cities and public finance and economics2. As part of sports’ history, policies and philosophies are the building foundations of leagues strengths and weaknesses (Bell, 1950 p.76). Moreover, when examining policies and philosophies in sports, one should consider the economic impact and consequences because they work conjointly. Policy analysts and organizations must put into consideration the extremity of the economic impact analysis in order to ensure that they base their findings and decisions on the appropriate outputs3. Particularly, this is a fundamental basic requirement as it relates to the role of the opportunity cost. (Rosentraub, 2007 p.223). For instance, one way used by American and European sports organizations to achieve a competitive balance is through the use of proposed annual payments on bonds sold to investors

Security problem in Taiwan Essay Example | Topics and Well Written Essays - 1250 words

Security problem in Taiwan - Essay Example Remarkably lax policies have made Taiwanese nightclubs a heaven for alcohol and substance abusers and sexual offenders. It has become a favourite pastime for a large population to go to clubs late at night and abuse illegal drugs. However, there is not the growing issue of illegal drugs only which is contributing to chaos in the country. There are other dangers lurking in the shadows of nightclub culture which have more far-reaching consequences. These dangers are related to unfortunate incidents of rape, kidnapping, and assault which are becoming very common in Taiwan because a very facilitating environment is provided for such crimes in the country. This environment raises the probability rate of such crimes. In order to help resolve this issue, I propose the solution based on 12 am curfew. This curfew is already being practiced in many countries around the globe where same kind of nightclub dangers were encountered as in Taiwan. This solution is effective because Despite the media focus on drugs like ecstasy, many incidents of assault and rape have also been reported in Taiwan because of young women not being able to defend themselves in an intoxicated state. Especially in a culture where drinking is heavily promoted, violence is endemic. Taiwan is a country which comes to life late at night. It would not be an exaggerated statement if said that it is a country which never sleeps. Due to a plethora of nightclubs which remain open to visitors all hours at night, the streets glow with hedonistic abandon and are seen packed with jubilant people looking for all kinds of activities. This culture leads to two big problems, vandalism and drug abuse. The state of Springfield police statistics also serve to prove the efficacy of 12 am curfew. For example, a report compares the number of calls for a six month period before and after enforcement of the 1 am curfew. It is revealed that â€Å"the calls for service declined from 1,197 to

Data & Access Management Essay Example | Topics and Well Written Essays - 1500 words

Data & Access Management - Essay Example How should the company react, if all? How can the company increase Information Technology transparency? The only problem about the question is that they are reactive and not proactive and therefore never curb the breach. Therefore, data access and management as presently constitute digs deep into asking questions as, what transpires inside a company’s firewall, and especially the connection between identity access management (IAM) and data security. The identity of a company users and the respective users’ scope permission followers immediately after the company starts to raise questions about whatever transpires inside the firewall. It is a common phenomenon to find inappropriate resource access permission in a number of the organization. The worse, however, is the lack of counteractive measures to thwart misuse. The reason is that employees are already trusted. Therefore, the employee has the access to the data centers and other assets inside the firewall. The majority of threats to data access and management, therefore, arise the notion of trusting everyone on the inside. Consequently, the organization suffers severely as a single misuse mistake may culminate into leaked intellectual property, lawsuits, regulatory probing, fines as well as audit failures. Therefore, the sole solution is to control the identity access through a systematic management despite being a complex task. The IAM is the high stake and therefore balancing act between senior management, IT, and Legal stakeholders. The management must understand that IT has implemented and is imposing rigorous IAM systems and protocols. The measures must integrate the stratification of privileges amongst the users and checks and balances on the approach IT itself uses passwords. Data access and management requires an effective framework that answers the question aforementioned. The Information Technology

Finanical for Management Essay Example | Topics and Well Written Essays - 1500 words

Finanical for Management - Essay Example Statistical data from the Asia Pacific Economic Cooperation reports that SMEs capture a sizeable 95% of business enterprises in the Asian region (De Ramos 2001). The report further states that small business enterprises employ 80% of its total workforce while contributing 60% of its economic output. However, this has not made things easier for small business enterprises. Instead, SMEs are now facing more challenges. Due to their ambiguity of financial transparency unlike the bigger companies, bankers do not seem to trust the SMEs easily. Bankers demand a number of financial requisites from SMEs before allocating their finance, which include an up-to-date financial report with clear profit history, a detailed business plan and a credible management team. Besides, finance companies are also adopting various credit scoring mechanisms replacing human judgment in loan approvals to the small businesses. Bank borrowing is still a significant issue for SMEs. Most of them find it difficult to get it in the Asian region. Therefore, cash management is very important for the SMEs. Small business enterprises are now practising to accomplish bigger profits with smaller investments. Cash is king for small businesses. A business can get successful when there is a considerable amount of investment made in the business at a very low payout. Isabelita Sy-Palanca, president of the Mother Company, Philippines suggests on the mantra of small business philosophy, Cooperation or clustering is a serious concern and a new concept among the SMEs. Different groups of SMEs under similar ventures working together is a common practice now in the financial market of Asia. The main purpose of this collaboration is to combine their expertise and bargaining power. Thus clustering helps small companies with both technology and financial gain. Besides, the concept of competition now involves overseas counterparts rather than the business partners in the region. This further results in

A Study on the Impacts of Noise Barrier in Construction Site Communication Essay Example for Free

A Study on the Impacts of Noise Barrier in Construction Site Communication Essay Construction industry is a complex and risky of work, the people in construction industry should have a better understanding of the need to practice good communication to ensure the better work quality and performance with a good communication (Vasanthi R.Perumal and Abu Hassan Abu Bakar, 2011). Good communication enables the members of the project for archiving the centre goal where the construction project complete in time with expected budget. In construction industry, communication can be achieved through letters, drawings, symbols, signs, posters, and word for ensure the information able to send and receive by each other. With the good communication, the workers especially in construction site find it easily and greatly productive to work together. Instruction and order are given and they are carried out as expected once they are well understood and acted upon correctly. Hence the communication in construction site shall be in clear, concise, accurate and well-planned. A good communication can enable an organization in better of work quality and performance, and also in decision making. Besides, an organization can achieve a better relationship with each other without any misunderstanding and misconception. So, the organization will be successful in any project without problems arise due to the poor communication. Other than that, good communication will also bring some advantages (Paul, 2008), such as: Reduce conflict within an organization Stronger and better relationships between each other Improve the teamwork of an organization Stronger controlling and problem-solving Well coordinated work plan For instances, a good communication can benefit an organization for achieving better work quality and performance. Either in verbal or non verbal, communication should be practice well in an organization to prevent any misunderstanding or misconception occur. Problem Statement According to the BRE guidance on construction site communication (2010), UK construction industry cost at least  £20 billion to repair and reconstruct the incorrect work due to poor communication such as instructions or orders given incorrect, technical information not available and etc. Such defects occur resulted of the workers’ poor workmanship or misunderstood the instruction from site agent. One of the main factors of verbal communication is employment of foreign labour. According to Philida Schellekens Judith Smith (2004), define that most of the construction project will employ foreign labour as worker due to their low salary. Those foreign labours have their own native language, so they may not able to communicate with site agent and other Malaysian workers. Hence, it finds out that there is language barrier between site agents with foreign labours at construction site. Besides, according to Ravi Jain (2012), mentioned the construction site creates noise through the use of vehicles, construction equipment and power tools. Those noises can affect the verbal communication between the site agents with foreign labours. A negative personality such as impatient, distrust, bad temper, fear (Asma Zaineb, 2010) happen on workers may be a barrier for them to communicate with others either in verbal or non verbal communication. Since construction industries had involved so many workers that came from different country with different education level, different cultural and etc (Nurul Azita Binti Sallet et al, 2012). There will be a huge impact on communication will be occurred with different personalities. Aim and Objectives The aim of the research study is to identify the factors affecting the verbal communication between site agent and foreign labour at construction site. Whereas, the objectives will be the following, To identify the language barrier between site agent and foreign labour is a factor for verbal communication at construction site To identify the noise barrier at construction site is a factor for verbal communication at construction site To identify the personality barrier is a factor for verbal communication at construction site Hypothesis 1. Language barrier between site agent and foreign labour is a factor for verbal communication at construction site 2. Noise barrier at construction site is a factor for verbal communication at construction site 3. Personality barrier is a factor for verbal communication at construction site Scope of Study There are 4 main communication forms which are verbal communication, non-verbal communication, written communication and visual communication (Aarti R, 2011). Communication of information, messages, opinions, speech and thoughts can be made via different forms of modern communication media, like Internet, telephone and mobile. Besides, some of the basic ways of communication are by speaking, eye contact, sign language, body language, touch and singing. †¢ Verbal Communication Verbal communication includes sounds, words, language and speaking. Example: face to face communication, telephone, site meeting, etc †¢ Non Verbal Communication Non-verbal communication involves physical ways of communication, like, tone of the voice, touch, smell and body motion. Example: Short Message Service (SMS), Email, etc †¢ Written Communication Written communication form is writing the words which used for communication. Good written communication is essential for business purposes and practiced in many different languages. Example: Short Message Service (SMS), Email, etc †¢ Visual Communication Visual communication is visual display of information, like topography, photography, signs, symbols and designs. Example: Photo, Presentation Slide, etc In this research study, it focuses on verbal communication between two or more people at construction site. For the most part of the communications example, is between a site agent and foreign labour. This research study also will talk about factors that considered as barrier for good communication at construction site. Research Methodology Literature Review For literature review, journal articles and journal review were read up as much as possible to be cited in order to collect the useful data which were proved descriptively. This is a process of reading, analyzing, evaluating, summarizing and gathering information and data from book, article, journal, internet, newspaper, magazine and etc. All information relate to communication in construction site industry will be study and summarize in this research study. Questionnaire Survey A list of questions about the factors affects the verbal communication between site agent and foreign labours in construction site will be distributed to the respondents which are the parties involved in the construction site for more data and information for this research study. Questionnaire was designed in several sections and categories, the construction sites were randomly chosen and distributed in Kuala Lumpur. All the responses will be collected on individual basis and also a simple interview will conduct with respondents in respects of questionnaire earlier distributed. Definition of communication Communication is the interaction between two or above people and the interaction may in various form such as body motion, speaking, tone of the voice, touch and etc (Paul, 2008). It is the process of transmitting and receiving this information. A common objectives hardly to get done in a work place unless people able to share their ideas and information with others in a way to produce a common understanding. A successful communication in the workplace environment is very important. An employer shall create a good working situation which helps to increase the quality of work and increase the ensure quality control while the employee, it allows personal growth and development and contributes to satisfaction on the job. What is verbal communication? All humans need to interact. There are 4 main communication forms which are verbal communication, non-verbal communication, written communication and visual communication (Aarti R, 2011). The most obvious and common form of communication is verbal communication. Verbal communication includes sounds, words, language and speaking and it is one way for people to communicate face to face. According to Beth Lee (2010), verbal communication involves using speech to exchange information with others. It is generally defined as spoken language. Tone, enunciation, pauses, loudness, emphasis, word choice, these can all be used while speaking to enhance the spoken word. As a type of face-to-face communication, body language and different tones play an important role, it may cause greater impact upon the listener than informational content. For an example, a simple phrase like, You did a wonderful job may implicate different meanings and intentions. A genuine and sincere tone may suggest praise a nd commendation, but a mocking tone can be offensive and sarcastic.

Capacity Management Case Study

Capacity Management Case Study Introduction and background: Capacity management lies at the core of every successful operational strategy whether service or manufacturing. It is part of a larger corporate strategy which is a long term plan to achieve a certain target (Jones and Kutsch, 2007). It is imperative for every organization to know how well its capacity is being utilized as its long term success is based on it (Krajewski and Ritzman, 2002). Capacity measurement helps determine the overall operational costs and forms the basis of important decisions like expansion (Yu Lee, 2002). This paper will endeavour to resolve the capacity management issues of a health facility called Fitness Plus in Greensboro, North Carolina. Fitness Plus began its operations in a large suburban park in Greensboro, North Carolina in 1991. Under health and sports it provides fitness, relaxation and recreational facilities operating 7 days a week (For details see Appendix 1). Customers use the facilities having subscribed to yearly memberships. Lately the area of Greensboro has expanded in population and businesses. Growth in population increased health awareness in residents and has increased demand for fitness facilities. Other health centres have also opened namely YMCA, Oasis and Golds Gym. YMCA offers full range of facilities, Golds Gym has only cardiovascular and weight training and Oasis is restricted to only adults over 16 years of age. Available data indicates that by May 2002 members visiting Fitness Plus every hour during peak time (4 7pm) had doubled to 80 from 1997. The average visits per hour increased from 15 to 25 in a typical day resultantly the facility got overcrowded and complaints arose about non-availability of equipment. Most number of complaints arise in the specific areas of aerobics, nautilus and cardiovascular. The capacity of Fitness Plus needs to be measured and planned properly in order to form an effective operational strategy both in the long and short terms. There are two options available i.e. first is to effectively manage the existing facility which will take few months and second is to build a new facility in the downtown area which might take upto a year to become operational. Due to financial and time constraints a short term solution is needed for now and a long term later. In the following report the capacity issues of Fitness Plus will be discussed in three sections A, B and C. In section A the capacity of Fitness Plus will be measured and analysed to see whether there is sufficient capacity to deal with the immediate issues of overcrowding and non-availability of equipment. Section B will ascertain which capacity strategy would be appropriate for Fitness Plus with the necessary justifications. In section C the adopted strategy would be described in detail and linked with other types of operating decisions i.e. finance, HR, marketing and supply chain. Lastly in the conclusion the crux of main issues and solutions would be summed up. Section A / Question 1: Capacity measurement with details There is no fit for all formula for capacity measurement as businesses vary in their nature and details. A theatre measures capacity in terms of seats and a job shop can measure capacity in number of machine hours (Krajewski, Ritzman and Malhotra, 2010). Jones and Kutsch (2007) are of the opinion that space and equipment hold primary position in capacity measurement thus the measurement would be centered around them. Main complaints are from two issues i.e. unavailability of equipment (Cardiovascular, Nautilus and aerobics) and workout activities being overcrowded. Thus the focus of capacity management in aerobics should be on space and equipment for the workout activities in peak hours. According to the study it is noted that peak times are between 4-7pm and total number of members visiting between that time is 240 (80 per hour). For analysis purpose the figures from the conducted survey (Appendix 1) have been used as following: Nautilus: It consists of 24 pieces of equipment and it is assumed that on an average each member takes 45 minutes to complete the whole course. In one hour the total number of members able to use the equipment would be (60 minutes / 45 minutes x 24 equipments = 31 members). The current usage during peak time is 25% of capacity equalling 20 members per hour. Cardiovascular: It has 29 pieces of equipment and it is assumed that each member takes 45 minutes to complete the exercise. Thus in one hour the total number of members able to use the equipment would be (60 minutes / 45 minutes x 29 equipments = 38 members). The current usage during peak hour is 40% of capacity equalling 32 members per hour. Aerobics: The facility can accomodate 35 members in one session and normally each session lasts for one hour. Thus the current usage during peak hour is 30% of capacity equalling 24 members per hour. Free weights: The case study doesnt hold any details about the space or type of available equipment. There are no complaints arising and 20% of the members use the facility during peak hours which equals 16 members so we assume that it is being utilized appropriately. Recreational activities: There is sufficient room available to accomodate the members during peak hours. Six tennis courts can accomodate between 12 to 24 members to play either 6 single or double games where as currently only 8 members play tennis during peak hours. Same is the case for 8 racquet ball courts which can accomodate between 16 to 32 members for 8 singles or doubles matches. During peak time only 12 members play racquet ball. The assumptions are based on the average calcuaton of each game to last for 1 hour. In case of longer game sessions still there are plenty of courts available to accomodate the demand. Detail of equipment and space are as following: Further analysis: Yu Lee (2002) is of the opinion that correct measurement of capacity is a pre-requisite for the effective management because correct decisions are always based on correct observations. It is a dilemma that one can not precisely measure the utilization capacity for service organizations as it needs constant surveys and observations (Jones and Kutsch, 2007). It has been observed that all the capacity measurements which can be taken are based on the primary data i.e. equipment condition, physical space, type of members, frequency of use, the type of equipment and support system (Yu Lee, 2002). For Fitness Plus another useful capacity measurement technique would be Utilization which is used for equipment, workforce or space. Utilization is the ratio between actual average output of the equipment and the maximum capacity (Krajewski et al., 2010). Utilization = (Average output rate / Maximum capacity) x 100% From the data available in (Figure 1) we can measure the utilization of diffferent equipments as following: Nautilus utilization = 20/31 x 100% = 64.5% (35.5% below capacity) Cardiovascular utilization = 32/38 x 100% = 84.21% (15.79% below capacity) Free weights utilization = 16/16 x 100% = 100% (Full capacity). Tennis courts utilization = 8/12 x 100% = 66.66% (33.33% below capacity) Racquet ball courts utilization = 12/16 x 100% = 75% (25% below capacity) Aerobics Utilization = 24/35 x 100% = 68.5% (31.5% below capacity) For aerobics the full capacity of the room is 35 members at one time which is way above the peak time average of 24 members. Scheduling of aerobics room can be the cause of the problem as the same room is twice a week dedicated for classes of yoga. Based on the above results it can fairly be said that Fitness Plus has enough capacity to effectively manage its existing facility and reduce complaints. There is also a need to determine the type of memebers using the facilities in peak hours i.e. family groups, under 16 students and working adults etc. It will be essential for both short and long term capacity strategies to cater for these groups separately in order to gain the competitive edge. A study should also be conducted to check the codition of the equipment as complaints might have arose partially due breakdown. It should also determine popular machines among the members specially for the cardiovascular and nautilus so the least popular be replaced with the more popular ones to increase the existing capacity. All capacity management plans not only determine the current usage of capacity but also take into account the future fluctuatins in demand. Existing or planned capacity should always leave sufficient cushion for adjustments (Krajewski et al., 2010). Capacity cushion is calculated as 100% minus the percentage of utilization. Upto 10% is considered sufficient to adjust demand fluctuations over time. Capacity cushion = 100% Utilization rate (%) In case of busy health facilities any number of customers can come at any time to use the equipment or space varying the demand significantly thus 20% capacity cushion would be more appropriate to maintain good customer service levels and to suatain any membership increases. Calculations are as following: Nautilus cushion = 100% 64.5% (utilization rate %) = 35.5% Cardiovascular cushion = 100% 84.21% (utilization rate %) = 15.79% Free weights cushion = 100% 100% (assumed utilization rate %) = 0% Tennis courts cushion = 100% 66.66% (utilization rate %) = 33.33% Racquet ball courts cushion = 100% 75% (utilization rate %) = 25% Aerobics cushion = 100% 68.5% (utilization rate %) = 31.5% Fitness Plus equipment and facilities have sufficient existing cushion. The only exceptions are cardiovascular equipment with 15.79% which is not too low and free weights equipment. There is no data available for free weights thus an assumed utilization of 100% is considered which can not be true in reality. On the basis of above calculations and analysis it can be fairly said that Fitness Plus has sufficient capacity to deal with current and future demand fluctuations. An efficient capacity management can result in a significant decrease in complaints and increase service levels and customer satisfaction. Section B / Question 2: Capacity strategy and justification One of the most difficult challenges service managers face is to cope well with uneven demand. The frequent flucuations in demand can lower service levels or result in under utilisation of resources. To avoid these consequences service firms can either adjust their capacity according to the changing demands, influence a change in demand patterns to suit their capacity or a combination of both (Krajewski et al., 2010) (see below figure 2): There are three main capacity strategies i.e. level capacity, chase demand and demand management. Each of these strategies should be adopted when its advantages out weight the disadvantages. Most often operation managers are required to keep low costs, decrease investments and at the same time provide excellent customer service levels making it all the more important for organizations to adopt a mixture of these approaches (Jones and Kutsch, 2007). Fitness Plus should adopt a mixed capacity plan for both its short and long term strategy as explained and justified in the following paragraphs: Level capacity: The capacity is maintined at a constant level all along the planning period and any fluctuations in demand are ignored. High under utilization of resources can make this capacity option very expensive but also very useful where the opportunity cost of single lost sale is very high like in jewellery retailing or real estate (Jones and Kutsch, 2007). At Fitness Plus there is always a possibility of a large number of members coming in any time and very low number of members in off-peak season resulting in either a waiting line or under utilization thus a pure level capacity plan would not be suitable. Chase demand: Chase demand is opposite to level capacity as it tries to match the capacity levels according to the changing demand patterns. It is very difficult plan to act upon as it needs flexible working hours, different number of staff and often different number of euipment in each period. It is suitable for companies which produce either perishable goods or cannot store their outputs such as customer processing. It has a clear advantage of having the appropriate level of staff all the time according to the demand of a particular season (Krajewski et al., 2010). This method requires adjustment of capacity through different means i.e. offering over time in peak and lesser hours in off-peak periods, varying number of employees according to the seasonal requirements, part time contracts and subcontracting (Jones and Kutsch, 2007). Fitness Plus would need to chase demand in the below aspects: As per available data members complain about waiting for the availabiliity of equipment. Application of a waiting line model will increase the service levels by effectively managing the existing capacity and chasing the current demand. A survey is proposed to check which machines are in demand, increasing their numbers and decreasing the least used ones to be in line with the existing demand. A waiting line model will not be suitable for aerobics because the class is preplanned and majority of the members arrive just before the start thus mixing schedules between aerobics and yoga can solve the problem. The number of employees would need to be rescheduled to increase the current service levels. It will reduce excess staff during slower times shifting them to peak times resulting in more personal attention, interaction and customer satisfaction. Developing a new facility will also chase the increase in demand which is expected due to new businesses down town. Demand management: The objective of this strategy is to shift the burden of peak period to off-peak period. Either the demand is changed through various methods or alternate products or services are offered to fill off-peak capacity. The most widely applied method in service industry is pricing to shift the peak demand to off-peak when people are not very interested in buying. Advertising also helps to smooth demand but is expensive and if is un-planned can result in financial loss. Organizations with different demand patterns develop new products and services covering the whole year i.e. univerities filling the lecture rooms during vacations (Jones and Kutsch, 2007). Fitness Plus will be managing demand in certain aspects of its startegy: It is proposed that Fitness Plus should either slightly rise prices during the peak times or provide services which cost lesser to manage demand. They should offer different types of memberships with different prices called price optimization. A non-pricing strategy of advertising off-peak services to waiting customers during peak times would also balance the peak and off-peak demands. Distributing off-peak service coupons during peak times, discounted tickets for relaxation services like massage, health supplements or energy drinks can be offered to balance the demand year round. Through a system of reservations Fitness Plus can fill its capacity and move the excess memberships to the off-peak period by booking a slot when capacity is available to manage it more effectively. Another option can be to partially restrict access of members during peak periods. During peak times mostly members would be working executives thus a restriction can be applied on under 16 members. To compensate them student membership rates can be offered in the off-peak period to encourage members to come more often in off-peak. Employee scheduling should reduce the excess staff during slower times by shifting more employee to peak times. It will result in more customer satisfaction and effective demand management. Often service companies have to opt a mixed capacity strategy as it is very hard to forecast demand and balance existing capacity (Jones and Kutsch, 2007). Operational capabilities do not always match one of the three strategies thus a mixture of chasing and managing demand would be most suitable for Fitness Plus. Section C / Question 3: Capacity strategy and other operational decisions Any capacity decision an organization makes should always be in line with the supply chains and processes within the organization. Taking into account the bigger operational picture is essential for a successful capacity strategy (Krajewski et al., 2010). Both short and long term strategies are discussed in this context below (See Figure 4): Short term strategy: Waiting line model: Peak demand most frequently results in waiting time increases for customers. Waiting line model is considered very useful for service organizations in resolving the problem (Krajewski et al., 2002). This model can be applied to the workout equipment as the waiting line is resulting in bottlenecks. Currently the system is catering for members individual service needs in multiple lines with a mixed arrangement of facilities on first come, first served basis. The arrival and service time distributions need to be calculated including line lengths, number of customers in the system, waiting time, total time in system and utilization of service facilities. After analyzing this data a new layout of the facility might be needed increasing the peak capacity and space for some equipment and reducing or eliminating some. Total 32 members visit the workout room during peak hours taking 45 minutes in completing their routines. On an average each member uses 2 machines during their stay with 20 minutes on each machine plus 5 minutes for the next one. Three customers get served with 20 minutes and an average the arrival rate comes to 2.5 times during an hour. If we take into account repeated visits we get a 80 per hour arrival rate (30 x 2.5) thus members wait approximately 8.6 minutes for a machine. To resolve it the most appropriate model would be a multiple channel, single phase as it will have a single line and more staff to deal with customers ( See Figure 3 below): Operationally this model will facilitate the marketing, HR, finance and supply chain aspects as during peak hours the waiting customers would be in a single line making it easier to display the marketing material on surrounding walls or screens. Financially it will save the expensive investment in media advertising and will make off-peak brochure distribution easier and to more interested existing customers. To serve on multiple service counter HR will need to schedule employees i.e. reducing the excess staff during slower times by shifting more employee to peak times resulting in better customer service. This model will also stream line the supply chain processes and increase service levels. During waiting line news telecasts and entertainment like BBC, Sky Sports etc with seated customer will create a calmer waiting environment and defuse any possible difficult situation. Price related strategy: Fitness Plus can reduce demand during peak hours by diverting surplus users either slightly rising prices or providing services which cost lesser. It can offer different types of memberships with different prices. The best price should be determined keeping in mind that no capacity constraint occurs which is called price optimization. Financially, increasing prices would generate extra revenues as per Shugan (2004) price optimization moves demand from peak to off peak times and increases revenues. But service firms are often hesitant due to its long term negative effects on the business. The presence of strong competitors often makes price increase decisions difficult as a customer can try competitor services and it might result in customer loss. Price increase startegy can also increase pressure on the over all supply chain as customers will start expecting higher service levels and seamless operations. By offering different type of memberships HR might need to recruit more staff to attend customer in both seasons. It can indirectly increase marketing costs as less expensive methods of selling to regular customers in peak season will become less effective due to lesser number of customers. Non-pricing strategies: Peak time is best to contact customers who might be interested in the off-peak offers and services (Kotler, 2001). It is highly likely to come across potential cusomers during Peak periods rather than less direct methods of advertising. In the earlier case customers have already shown their interest in the services and facilities. Thus it is far easier to sell them the off peak services or packages. While waiting for their turn customers can be shown different adverstisements to promote off-peak services which will save money for more expensive marketing campaigns. For regular members off-peak coupons can give further discounts or additional services with minimal incurring costs like massage, health supplements or energy drinks. Another strategy would be to develop a reservation system. It helps to shift the members to off-peak period who would otherwise be waiting during the peak period. When a customer calls to reserve a service or facility he should be given the slots with available capacity. The system works best if it is automated thus optimizing and balancing demand and capacity at the same time. These systems do improve the over all supply chain but also affect financial and HR related operational decisions as they are expensive and need trained staff to operate them. Fitness Plus can also partially restrict access of members during peak periods. A detailed study of the type of members visiting the facility would be needed. Once the data has been gathered on the usage pattern the decision of categorical restrictions can be applied. For example during peak times of 4-7 mostly members would be working executives thus in order to reduce access and optimise the capacity a restriction should be applied on under 16 members using the facility in the same period. To compensate them student membership rates can be offered during the off-peak period. This will encourage the excluded members to come more often during off peak periods. Fitness Plus should also have a survey to determine the popular equipment. The number of popular equipment should be increased and the least popular ones be decreased which will help fill the gap in member requirements. Operationally it can create a supply chain problem of disposing off the least popular equipment and can increase financial pressure of buying new machines. In case of aerobics section complaints there is a possibility of a mixed schedule between aerobics and yoga. A rescheduling of classes on the basis of members demand can ensure that the classes do not clash. It will affect the HR decisions as employee scheduling would be needed and over time might need to be paid. The employees of Fitness Plus also need to be scheduled in order to increase the service levels and reduce the excess staff during slower times. Shifting more employee to peak times will result in more customer satisfaction by having more personal attention and interaction. It will benefit the supply chain by improving process times and facilitating seamless operations. Long term strategies: There are three alternates in the long run which should be based on both qualitative and quantitative bench marking of competitors, capacity and cost estimates: Opening of a new facility downtown Minimal expansion within the current facility on available land Waiting and watching the demand conditions before making any expansion Because customers are already complaining and equipment is being used lesser than its maximum capacity there is some room for minor expansion of the existing facility but is limited due to lack of available land. As the population is increasing steadily and the only full range competitor is YMCA option 1 would be the best choice. It will create sufficient capacity ahead of customer demands. Once the new facility is announced it will be difficult for competitors to expand as it might over burden the market. Financially it is a big decision and would very much depend on the success of the short term strategies. Profits gained through short term measures will ease the financial pressure. Secondly going ahead with new facility downtown will need thorough supply chain planing as the distance between the facilities will make logistical decisions difficult and expensive. Lot of new job will be created and HR department will need to recruit and send and recieve staff between facilities for training and development purposes. It will be a big opportunity for marketing deparatment as lots of new campaigns, hoardings, billboards and advertisements would need to be developed. Conclusion: In this report the capacity issues of Fitness Plus were discussed in details in three sections. A measurement of existing capacity, justification of adopted strategy and links of proposed strategies with other operating decisions were sought. Both short and long term strategies are considered important but the immediate concern of Fitness plus should be to resolve the existing complaints of over crowding and non-availability of equipment. Firstly, in the short term price optimizing strategy of increasing peak prices and offering off-peak packages can work. If it is considered detrimental for the business non-pricing strategies can produce the desired results. Secondly, all the employees should be taken on board in the strategic decisions so that they can handle customer queries more professionally and maintain the desired service levels. Lastly, periodical reviews of the demand forecasting, complaints, equipment and service levels will ensure effective capacity utilzation. Accuracy of data should be maintained by comparing the existing demand with the forecasted demand so that a clear picture of the financial, operational and service needs is obtained. In the long run Fitness Plus needs to refer to its corporate objective and act accordingly either to effectively manage the current equipment and space or build a new branch over time. The earlier the long term strategy is initiated the better. Once the expansion plan is announced new memberships will prove to be a guage for its success and continuous monitoring of population growth, market trends and competitors will keep Fitness Plus ahead of its competitors.