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On this basis I am able to consider whether, in its application, it has unfairly discriminated against the individual applicants. I first consider certain of the submissions made on behalf of the parties, including Popcru, admitted as amicus curiae, below.
Submissions of the parties  The submissions on behalf of the parties were substantial and I am grateful to the legal teams for their assistance to the court. Brassey, on behalf of the applicants submitted that the DCS is engaged in a policy of racial profiling in the setting of its equity targets and that such profiling is out of kilter with our constitutional values.
He submitted that one of the objectives of the EEA is to ensure that suitably qualified people from designated groups have equal employment opportunities A portion of the submissions on behalf of the applicants focusing on the selection process Compensation decisions hrm 590 persons for appointment underlines the approach taken on their behalf.
I quote from this as follows: Any person from a non-designated group, would ordinarily, be compared with fellow applicants on the basis of their relative virtues. No two applicants are the same, and therefore a nuanced balancing of the individual qualities persons possess is required in the decision-making process.
In the same vein, when persons from designated groups are compared to persons from non-designated groups, such a balancing would have to be done to ensure that the employment opportunities offered to those from the designated groups do not exceed the employment opportunities offered to those from the non-designated group.
This consideration operates equally, if not more so, where appointment decisions require a choice to be made between different persons who all fall within the designated group. Popcru submits that the case is about the proper approach to implementing affirmative action at all occupational levels of the workplace.
The stance taken on behalf of the applicants however it is dressed, and with whatever eloquence it is stated, essentially rejects the principle of affirmative action measures to redress the injustices of our past.
The court is urged to take on board a jurisprudential approach which puts individuals in their personal capacities as the bearers of equality rights. Brassey who led the legal team for the applicants explained in an article responding to the promulgation of the EEA: We prefer to focus on the individual.
This is not because we are opportunistic, but because we recognize how value-laden these assessments are and how hurtful they can be. They make us very uncomfortable, and we seek to sterilize them so as to forestall unproductive enquiries of the sort The Bell Curve made notorious.
Our abiding desire is to wish groups away and make the individual the basis of comparison. We want to deconstruct the social construct. The proposed Act, which is not liberal, forces us to break cover, however. It obliges us to make precisely the comparisons we consider so complex and odious.
The veil is lifted and the debate, we are told, must proceed. Most of us shrink from engaging in it, but a few hardy souls feel the field cannot be deserted without a fight. They soon discover the price: Therein lies an irony, and it is exquisite: The protection or advancement envisaged by section 9 2 is for the benefit of persons as individuals he argues.
However, in my judgment the substantive approach to equality which our Constitution protects, which includes redress for those who have suffered institutional and systematic discrimination belies such an interpretation.
To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. National legislation must be enacted to prevent or prohibit unfair discrimination.
In Minister of Finance and Another v Van Heerden 12 the Constitutional Court 13 comprehensively set out its approach to the equality clause and in particular section 9 2 inter alia as follows: The Constitution commands us to strive for a society built on the democratic values of human dignity, the achievement of equality, the advancement of human rights and freedom.
Thus the achievement of equality is not only a guaranteed and justiciable right in our Bill of Rights but also a core and foundational value; a standard which must inform all law and against which all law must be tested for constitutional consonance.
When our Constitution took root a decade ago our society was deeply divided, vastly unequal and uncaring of human worth. Many of these stark social and economic disparities will persist for long to come.
In effect the commitment of the Preamble is to restore and protect the equal worth of everyone; to heal the divisions of the past and to establish a caring and socially just society.
Like other constitutions, it confers the right to equal protection and benefit of the law and the right to non-discrimination. But it also imposes a positive duty on all organs of state to protect and promote the achievement of equality - a duty which binds the judiciary too.
But just as crucial is the commitment to strive for a society based on social justice. In this way, our Constitution heralds not only equal protection of the law and non-discrimination but also the start of a credible and abiding process of reparation for past exclusion, dispossession, and indignity within the discipline of our constitutional framework.
As we have seen a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights.
From there emerges a conception of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact.ECON Managerial Economics. 3 credits, 3 contact hours.
Managerial Economics covers the role of economic theory in management analysis and decisions. Human Resources Management (HRM ) Final Course Project Submission: Compensation Decisions Anita Craine December 9, Professor John Dibenedetto.
Community members make decisions such as how to manage natural resources and how to distribute benefits, and government officials and NGOs play an important role as facilitators. Anticipated benefits include improved human development – the community will generate revenue from their natural resources project and hence creation of jobs .
The Software industry and its operation have attracted the concentration of a considerable number of researchers in the last decade, as the industry has proven its uniqueness in nature, operation, contribution to GDP and HR practice.
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Walk Through It.