Discuss about the Research Portfolio To Understand Issues.
An attempt has been made to research on the institutional management and various key points regarding the same have been discussed in this research portfolio. Certain case studies have also included in the research portfolio to understand all the issues and risks regarding the same. It was assumed that all the skills that are needed to run an institution should be carried out by the staff of the institution (Weinstein & Wild, 2016). Certain research propagations have been adopted by the law universities of United States regarding certain research topics and it has been presumed by the authority that the student must know the basic research skills or has the power to adapt the skills through their courses. However, it was observed that the students have the laxity regarding the research skills and that leads all the law universities to start up program relating to the development of research skills to decrease the potential risks regarding the research skills (McNeil, Frey & Embrechts, 2015). With this intention, many of the law schools have added a training program regarding the issue and the training materials have assisted the students to understand the base of the referencing workshops and research workshops as a whole. A similar model has been followed up in our institution and at the present time, I am able to differentiate between the relevancy of journals, books, articles and legal cases.
During the training course, it has been taught to us that in case of any legal research, the sources are generally based on the Articles, books, journals and certain government websites. Certain techniques are to be followed to write down a project report. Before getting into the main topic, it is important to understand the objective of the research portfolio. Through this type of portfolio, a number of projects are to be done. It has been taught to us that a legal research is based on summaries of statutes and cases. The legal researches are also getting its sources from the forum postings, blogs and news papers. It has been observed that referencing sometimes cause great dilemma regarding the research proposal and it must be encountered with great effort and care (Chance & Brooks, 2015). However, I did not face any kind of dilemma regarding the same and I try my best to follow up the rules regarding the same.
In this research portfolio, we are going to discuss certain aspects of the case study based on the law and impacts of the price fixing system. It has been stated that certain strategies are taken or adopted to deal with the problem. However, before getting into the periphery of the main subject, it is important to do certain background study that will help us to understand the main objective of the case and that may help to encounter the price fixing problems (Sadgrove, 2016). It is to be understood the definition and character of a case study and it is also to be realising the importance of it. A case study helps the researchers to understand the scope of the relevant subject and help to make the decision in such situation that may be cropped up in future.
In the present situation, I have chosen price fixing problems that affects the airlines business in recent times and it is required to counter the same to avoid the detrimental consequence, it has been observed through the study is that many international cargo and airlines companies are involved in the price fixing problems. It has also been observed that many international airlines companies are enlisted in this case and suspected to commit fraud by way of fixing prices (Homsombat, Lei & Fu, 2014). It has been observed that certain institutions have pointed out the facts that the airlines companies are intervened the public policies and the level of surcharges are also violate the provisions of the consumers protection laws. An initiative has been made by me to define the relevant points like the price fixing or the airlines industries. Certain allegations are made against the airlines companies like Lufthansa Cargo and Qantas airlines regarding fuel and security surcharges. The problem in my case is based on the airlines problems in the provinces of Australia. A commission is being responsible for the inspection regarding the same namely Australian Competition & Consumer Commission.
The Act that deals with the following problem is Competition Act 1998 and it has been alleged that the airline companies had adopted certain policies to increase the surcharges with an intention to create illegal competitive activities. The whole racket was involved other countries like New Zealand, Indonesia and Singapore airlines.
In the other case study, an attempt has been made to understand various legal grounds relating to bullying in the workplaces and certain educational institutions. In this case, certain definitions have been made to ease the topic to understand the outcome of the same. Bullying means certain gestures or words to make someone feel bad and the main objective of such act is to humiliating others. It is a form of abuse that can be seen in workplaces and other educational institutions (Eller & Moreira, 2014). The word trolling is a part of bullying that forms by way of publishing posts and memes with an intention to humiliating others. In recent days, it has been observed that the amount of humiliation through bullying has increased in a tremendous way and in this case law, an attempt has been made to point out the scopes and types of bullying so as to prevent the detrimental outcome.
In case of educational institutions, bullying are observed through cyber bullying and trolling and fatefully the cyber cafes are becoming the epidemic centre for all this bullying. It has been observed from many reports that the almost 40% children in Australia are victimised by this in school session. Almost in every year, many people are died by this bullying and trolling in Australia.
Therefore, from the above mentioned cases, it has been observed that the subject matter of the cases is serious in nature and harmful to the society as a whole. There are certain legal risks present in case where the interest of the society is attached in it. Certain legal management are to be followed to overcome the public liability and foreseeable harm in this case. In case of the former case study, the price fixing policies taken by the airlines companies are affecting the international relationship and certain laws were enacted to counter the offence in a systematic way (Peppard & Ward, 2016). The illegality regarding the price fixing has been mentioned under section 48 of the Competition Law and the Consumer Law as the policy has affected the consumers as well. Australian Competition & Consumers Commission has imposed with the power to take action against the alleged airlines companies. Section 48 of the said Act restricted the companies or corporations to be engaged into such practice. Legal actions has also been taken against New Zealand airways as the company was alleged to make an agreement with other air companies to fix up the fuel surcharge and the court impose injunctive relief and pecuniary penalties on the company. Allegations have also been made against certain leading companies like Qantas airlines and Lufthansa cargo and each of these companies have to face serious fine regarding the same.
In the other case, there are also certain legal risks present that can be pointed out in a systematic manner and in this case, similar attempt has been made. Keeping in mind the detrimental effect of the bullying in workplaces and other educational institutions, the Australian government has stated the process as crime. In this case also, certain Acts were enacted to consider the following situations. One of such Act is OH&S Act. The acts regarding bullying are treated as a discriminatory act that is harmful for the interest of a person and the society as well (Barkan, Bintliff & Whisner, 2015). Therefore, it becomes necessary to prevent these crimes and legal actions are being made by the government in relevant cases (Grant, 2016). The government of Queensland has taken certain policies to curb this social crime and an attempt has been made to find out the symptoms of this crime. The government has tried to promote the awareness programs by adopting certain anti-bullying policies. Attempts have also been made to reduce the harassment and eradicate the process from the society.
There are certain impacts of these crimes have been made on the respective industries and society as well. It is a well known fact that many classes of people are involved in the airlines business and they continue their livelihood on the profession (Whyte & Lohmann, 2015). However, they have to face serious problems if the airlines companies are fixed and maintained the prices regarding the fuel or security surcharges. Consumers are also affected by this process when the prices are being fixed by the companies in case of transporting certain materials by freight. It affects the supply chain tremendously and the price of the goods is being increased in this process.
On the other hand, the bullying process impacts on the society and as per many reports, the victims of this offence had committed suicide. Therefore, it can be stated that the implications of this offence had made a serious question in the workplaces and the future of the same and that should be optimised with great care and skills by the concerned governments.
In Australia, the governmental structure is federal in nature and the policy taken by the governments are varying from one province to another. Therefore, it becomes difficult to bind the airlines companies within one statutory limitation (Gall, Gall & Borg, 2014). The companies are engaging themselves in international base and it has created serious problem regarding the implementations of law. It is true that the Australian Competition & Consumer Commissions are effectively taking policies regarding the same and the Federal courts are also imposing penalties on the alleged companies but the quantity of the penalties are based on the levels of co-operation and dilemma has to be faced when the cases are withdrawn regarding the enactment of different laws (Herr & Anderson, 2014).
I have learned certain important lessons regarding the subject matters of both the case laws and the legal management involves in this process. I have come through the policies of the government regarding the same and it has been observed by me that the implications and the dilemmas regarding the problem and the detrimental effect of the policies as well.
Borenstein, Severin. “The Evolution of U.S. Airline Competition.” Journal of Economic Perspectives 7(Spring 1992): 45-73.
This book is an important creation to denote the price fixing system by the airlines companies and the effect of the same in the portion of the society. The book is also useful for the case study as it addresses how the Australian Law has enacted certain grounds to deal with the problem and through this book, an outcome regarding the problem can be possible. The book also addresses issues such as impact of the fixing policies on the society, problems regarding the same, and legal steps to deals with the problem.
Carlton, Dennis W., Robert H. Gertner, and Andrew M. Rosenfield. “Communication Among Competitors: Game Theory and Antitrust,” George Mason Law Review, 5 (Spring 1997): 423-440
The above named writers had authored this book with the aim of addressing communications in between the employment competitors. The topic of the case study was dilemma regarding the price fixing policies by the airlines company. This book has prescribed certain facts that show a gap made in between the airlines companies and the consumers. This book announced certain facts regarding the communication skill and the importance of it.
References:
Barkan, S. M., Bintliff, B., & Whisner, M. (2015). Fundamentals of legal research.
Chance, D. M., & Brooks, R. (2015). Introduction to derivatives and risk management. Cengage Learning.
Eller, R. D. A. G., & Moreira, M. (2014). The main cost-related factors in airlines management. Journal of Transport Literature, 8(1), 8-23.
Gall, M. D., Gall, J. P., & Borg, W. R. (2014). Applying educational research: How to read, do, and use research to solve problems of practice. Pearson Higher Ed.
Grant, R. M. (2016). Contemporary Strategy Analysis Text Only. John Wiley & Sons.
Herr, K., & Anderson, G. L. (2014). The action research dissertation: A guide for students and faculty. Sage publications.
Homsombat, W., Lei, Z., & Fu, X. (2014). Competitive effects of the airlines-within-airlines strategy–Pricing and route entry patterns. Transportation Research Part E: Logistics and Transportation Review, 63, 1-16.
Lumsden, K., & Morgan, H. (2017). Media framing of trolling and online abuse: silencing strategies, symbolic violence, and victim blaming. Feminist Media Studies, 1-
McNeil, A. J., Frey, R., & Embrechts, P. (2015). Quantitative risk management: Concepts, techniques and tools. Princeton university press.
Peppard, J., & Ward, J. (2016). The strategic management of information systems: Building a digital strategy. John Wiley & Sons.
Sadgrove, K. (2016). The complete guide to business risk management. Routledge.
Waseem, Z., Davidson, T., Warmsley, D., & Weber, I. (2017). Understanding Abuse: A Typology of Abusive Language Detection Subtasks. arXiv preprint arXiv:1705.09899.
Weinstein, S., & Wild, C. (2016). Legal Risk Management, Governance & Compliance-Interdisciplinary Case Studies from Leading Experts. Globe Law and Business.
Whyte, R., & Lohmann, G. (2015). The carrier-within-a-carrier strategy: An analysis of Jetstar. Journal of Air Transport Management, 42, 141-148.
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