Health Care” Right or Privilege” Essay

There has been an active debate about health care reform among many Americans in the United States. Some the recent concerns and questions involving a right to health care are access, fairness, efficiency, cost, choice, value, and quality. Health Care† Right or Privilege† Health care in the United States is provided by many separate legal entities. Health care facilities are largely owned and operated by the private sector. Health insurance is now primarily provided by the government in the public sector, with 60-65% of healthcare provision and spending coming from programs such as Medicare, Medicaid, TRICARE, the Children’s Health Insurance Program, and the Veterans Health Administration (â€Å"Health care in the United States.,† 2011). In the United States, ownership of the health care system is mainly in private hands, though federal, state, county, and city governments also own certain facilities. The non-profit hospitals share of total hospital capacity has remained relatively stable (about 70%) for decades. There are also privately owned for-profit hospitals as well as government hospitals in some locations, mainly owned by county and city governments. There is no nationwide system of government-owned medical facilities open to the general public but there are local government-owned medical facilities open to the general public. The federal Department of Defense operates field hospitals as well as permanent hospitals (the Military Health System), to provide military-funded care to active military personnel. The federal Veterans Health Administration operates VA hospitals open only to veterans, though veterans who seek medical care for conditions they did not receive while serving in the military are charged for services(â€Å"Health care in the United States.,† 2011). Hospitals provide some outpatient care in their emergency rooms and specialty clinics, but primarily exist to provide inpatient care. Hospital emergency departments and urgent care centers are sources of sporadic problem-focused care. Surgery centers are examples of specialty clinics. Hospice services for the terminally ill who are expected to live six months or less are most commonly subsidized by charities and government. Prenatal, family planning, and â€Å"dysplasia† clinics are government-funded obstetric and gynecologic specialty clinics respectively, and are usually staffed by nurse practitioners (â€Å"Health care in the United States.,† 2011). Over 45 million Americans are uninsured or underinsured. Those living in poverty exhibit the worst health status. Employment, education, income, and race are important factors in a person’s ability to acquire healthcare access. Having established that there are people lacking healthcare access due to multi-factorial etiologies, the question arises as to whether the intervention necessary to assist them in obtaining such access should be considered a privilege, or a right(â€Å"Health care in the United States.,† 2011). An active debate about health care reform in the United States concerns questions of a right to health care, access, fairness, efficiency, cost, choice, value, and quality. Some have argued that the system does not deliver equivalent value for the money spent. The USA pays twice as much yet lags behind other wealthy nations in such measures as infant mortality and life expectancy, though the relation between these statistics to the system itself is debated. Currently, the USA has a higher infant mortality rate than most of the world’s industrialized nations and life expectancy is ranked 42nd in the world. (â€Å"Health care in the United States.,† 2011) The Patient Protection and Affordable Care Act (PPACA) is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law (along with the Health Care and Education Reconciliation Act of 2010) is the principal health care reform legislative action of the 111th United States Congress (à ¢â‚¬Å"Patient Protection and Affordable Care Act,† 2011). A majority of the states, and numerous organizations and individual persons, have filed actions in federal court challenging the constitutionality of PPACA. As of September 2011, federal appellate courts are almost evenly divided on the constitutional issues raised in this litigation; at the district court level, three judges upheld the constitutionality of PPACA and three declared it unconstitutional, in part. PPACA includes numerous provisions to take effect over several years beginning in 2010(â€Å"Patient Protection and Affordable Care Act,† 2011). Perhaps the biggest disappointment of our legislative and executive branches of government in the creation of â€Å"Obama Care† is that they lacked vision and a concrete understanding of the bigger picture when crafting and ‘pushing’ this new agenda. With a broad brush assessment, we can see that the architects of â€Å"Obama Care† failed in addressing the following two areas: Bridging Safety loophole s that needlessly lead to over 100,000 medical-related deaths and hundreds of thousands more in injuries in American medical institutions each year. Propagating the misperception that a one-tiered, national health system plan, with greater centralized control, can work somehow ‘better’. One of the provisions I disagree with is the shared responsibility requirement, commonly called an individual mandate, it requires that nearly all persons not covered by Medicaid, Medicare, or other insurance programs purchase and comply with an approved insurance policy or pay a penalty. The only people exempt from the mandate are individuals of recognized religious sects or those individuals able to obtain a waiver from the Internal Revenue Service in cases of financial hardship(â€Å"Patient Protection and Affordable Care Act,† 2011) . The Act’s provisions are intended to be funded by a variety of taxes and offsets. Major sources of new revenue include a much-broadened Medicare tax on incomes over $200,000 and $250,000, for individual and joint filers respectively, an annual fee on insurance providers, and a 40% tax o n â€Å"Cadillac† insurance policies. There are also taxes on pharmaceuticals, high-cost diagnostic equipment, and a federal sales tax on indoor tanning services. Total new tax revenue from the Act will amount to $409.2 billion over the next 10 years. $78 billion will be realized before the end of fiscal 2014(â€Å"Patient Protection and Affordable Care Act,† 2011). I have two problems with what many Americans now refer to as â€Å"Obama Care†, one I am no fan of paying higher taxes. Any economist will tell you that raising taxes does not stimulate economic growth and without economic growth people will continue to spend less, businesses will not hire new employees or expand, and the unemployment rate will continue to rise. Also an increased unemployment rate means more people in need of government assistance, along with more Americans unable to afford health care. So in short our government is going to raise taxes to give all Americans health care which will in effect cause more Americans to become unemplo yed and lose there health care and become subject to a penalty. Sounds like the democratic version of utopia is nothing more than a double edge sword doomed for failure. The concept of utopia is an unrealistic dream; for each person’s vision of utopia is different. The other problem I have with Obama’s centralized health care plan is that we are letting government dictate what we as American have to purchase or be subject to a fine if we do not comply. Our constitution states each person has the right to pursue happiness, it does not say the government should or could guarantee it, just that you have to right to pursue it. Some people suggest making healthcare mandatory is the same as having to purchase automobile insurance, the only problem with this type of thinking is that you do not have to drive or own a car. If you choose not to, no one fines you for it. I view health care as a right in respect that I have the right to purchase health care or to choose not too. I believe all Americans have the right to choice and should not be fined or penalized if they choose to exercise that right. Too many people today view our government as a separate entity and believe that it owes them something. We as Americans are in fact the government, for we are a government of the people for the people. References Health care in the United States. (2011). In . Retrieved October 24, 2011, from http://en.wikipedia.org/w/index.php?title=Health_care_in_the_United_States&oldid=456210485 Patient Protection and Affordable Care Act. (2011). In . Retrieved October 24, 2011, from http://en.wikipedia.org/w/index.php?title=Patient_Protection_and_Affordable_Care_Act&oldid=456759152

Lab 3 Determinates of Water Hardness

Determination of Water Hardness Using a Titrator Heather Crall Chemistry 1 SMT- 271044 10/17/2012 Abstract From seeing all of my results and conclusion I now see that I didn’t understand this lab very well and that its not easy when others try to help. Since I have hard water it tells me that my water flows over and through rocks and minerals, like limestone. Purpose The purpose of this lab is to become familiar with the concept of water hardness. We learn that hard water contains high levels of dissolved minerals that are in the form of metallic ions.Most of Ohio which is the state I live in either has moderately hard water or hard water. For as my town the city is moderate and the country is hard. Procedure 1) Put safety things on 2) Place the stopcock in the closed position on the end of the titrator and fill with 10 mL of EDTA solution. 3) Put a crumpled up paper towel under the titrator and allow a few drops of the solution to fall into the towel. This way it fills the ti p of the titrator then close and throw the towel away. Then place the 100 mL beaker under the setup. 4) Use the graduated cylinder to measure exactly 10 mL of tap water from your sink. ) Pour the tap water into the beaker then add 5 drops of pH 10 buffer solution. Swirl carefully the mixture in the beaker. 6) Read the volume of EDTA in the titrator and record the initial volume. Then slowly open the stopcock and add 1 drop at a time while swirling the mixture.7) Once the solution turns a pale blue-gray color turn the stopcock off then record the final volume in the titrator. 8) Repeat steps 4-7 and fill in Table 1. 9) Pour the rest of the contents down the drain Data Data Table 1: EDTA titration volume| | Initial EDTA Volume (mL)| Final EDTA Volume (mL)| Total Volume of EDTA Used (mL)| Trial 1| 9 mL| 7. mL| 1. 6 mL| Trial 2| 8 mL| 6. 6 mL| 1. 4 mL| Trial 3| 7mL| 5. 2 mL| 1. 8 mL| Average Volume of EDTA Used (mL): 1. 6 mL | Data Table 2: Water Hardness| Average Volume of EDTA Used (m L)| Concentration Ca^2+ ions per Liter of Water (mol/L)| Water Hardness (ppm CaCO3)| 1. 6 mL| 0. 015 mol/L| 1,500. 9 ppm CaCO3| Results A) Based on the analysis of your local water, would you classify its hardness as soft, moderate, hard, or very hard? Explain your answer. My water is moderately hard even though it’s the city we still have plumbing problems due to our soil and the minerals in our town.The country all has hard water so the deal with rust and bigger clogs than the city. B) Approximately how much calcium would you ingest by drinking eight 8-oz glasses of your local water? HINT: 1 oz(fluid ounces) =29. 57 mL 8oz= 236. 56 236. 56*8= 1,892. 48 mL Conclusion In conclusion it seems as though my results have come to show that I have very hard water when looking at the last graph but to have it say 1,500 tells me that my results is potentially incorrect. From what I understand it shows that the calcium carbonate is very high in my town.

The Fight For Equal Marriage - 1292 Words

The fight for equal marriage rights has been one of great length. Although this topic only brought to attention of the Supreme Court in 2015, gay marriage has long been a topic of interest in American society. Prior to 2015, gay marriage was only acknowledged and legal in select states, not nationwide. This caused great distress and heartache. One case in particular, the case that was brought to the supreme court, is very representative of such dejection. The subjects of such case are James Obergefell and John Arthur of Ohio. In 2013, the two were legally married in Maryland. Shortly after, however, Mr. Arthur grew terminally ill, and eventually passed away. Due to Ohio state laws, the state refused to put â€Å"married† on Mr. Arthur’s death†¦show more content†¦Hodges 40-41). Based off of these cases, there has clearly been great perplexion as to how homosexuality should be viewed and treated. Which leads to the controversy of gay marriage, and Obergefell v. Hodges. Obergefell v. Hodges was the Supreme Court case of 2015, which ultimately granted equal marriage rights to same-sex couples. Obergefell was arguing in favor of equal marriage rights, while Hodges had an opposing argument. This case was brought to the Supreme Court after the state of Ohio refused to put a married status on the death certificate of James Obergefell’s late husband in 2013. Theodore Wymyslo, James Obergefell’s defendant in the original Ohio case, appealed the ruling against Obergefell, which led to the case being pushed to higher courts throughout 2014, eventually reaching the Supreme Court in 2015 (LGBT Rights on the Docket). In the Obergefell v. Hodges case, Obergefell’s side discussed topics such as the expansion of marriage and gay rights, the due process clause of the Fourteenth Amendment, and the undeniable rights associated with marriage in their argument. Hodges’ side, however, had much weaker arguments, such as same-sex marriages will ruin the reputation of marriage, and religious views are conflicting of the premise of same-sex marriage. Taking a more extensive look into both sides of this case proves to be very interesting and thought provoking. Oberefell’s first argument was that marriage hasShow MoreRelatedThe Fight For Equal Rights For Same Sex Marriages Across The United States1393 Words   |  6 PagesThe Fight for Equal Rights for Same-Sex Marriages across the United States Having one loving parent is good. Having two loving parents is great. Having a mother and a father is traditional. Having two mothers or two fathers is wrong. This is what we are told to believe but as we learn from our past and grow as a society, we start to look for positive change in which our values are challenged and the truth becomes clear. It is not right to take away the basic rights of a person because ofRead MoreLegalizing Same Sex Marriage Is Not The End Of The Fight For Equal Gay Rights1801 Words   |  8 Pages On June 26, 2015, the Supreme Court of the United States declared all state-level bans against same-sex marriage unconstitutional, legalizing same-sex marriage all over the nation. While this ruling was a huge victory for the gay rights movement, it was not the end of the fight for equal gay rights. In fact, many gay people are still fighting for adoption rights, job safety, and government protections from abuse and segregation. Unfortunately, it is ver y difficult to find solutions for a significantRead MoreSame Sex Marriage Should Be Legal1595 Words   |  7 PagesSame-Sex Marriage June 26, 2015. A day many around the country will remember forever in their lives. Waking up early on that Friday morning and going through their daily routine which always finishes by checking the same-old news, but that morning, the news was different. The headlines varied from â€Å"Love Wins† to â€Å"Gay Marriage Legalized in all 50 States,† They thought all their worries were solved and maybe for the first time ever, they would be treated like normal citizens and not as obscuritiesRead MoreSpecial Interest Group--Human Rights Campaign 997 Words   |  4 Pages This group is commonly associated with their logo, which openly shows their goals and ideals. They work for many things other than this, but their fight for equality is the most commonly talked about. Many of us have probably heard about the HRC through our spam file on our email account. You also may have heard of them through their numerous fights for equality and same sex rights. The Human Right Campaign is a group involved in many things all for a very amazing cause. They work hard for the thingsRead MoreThe Loving Story By Writers Nancy Buirski And Susie Ruth Powell928 Words   |  4 Pages The Loving Story by writers Nancy Buirski and Susie Ruth Powell is based around Mildred Loving and her husband Richard Loving, a mixed-marriage couple in Virginia. Mildred is half African-American and Cherokee and Richard is White and together they committed miscegenation by marrying each other and living in Caroline County, VA. In 1958 they were arrested and Court of Virginia banished them and made them leave the state. They relocated however, they wasn’t satisfied with the busy city streetsRead MoreShould Gay Marriage Be Legalized?727 Words   |  3 Pages Everyone, regardless of gender orientation or sexual preference deserves equal rights, such as marriage, feeling comfortable with whom they are, and being treated like any other human being. 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TheRead MoreThe Importance Of Equal Rights And Opportunity In America1113 Words   |  5 PagesMy America values equal rights and opportunity for all its people. My America believes that equal rights are given to all its people no matter their race, religion, social status, gender, or sexuality. According to none of the aforementioned factors of a person’s identity should anyone face discrimination denying them of equal rights and opportunity. In my America, no one is denied their rights. In my America, every one has the opportunity to pursue their passion. 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Although they have already come a long way in the path of acceptance, most recently the gay community has had to confront extremist conservative groups who claim that allowing same-sex couples to join in a civilly recognized union violates the act of a traditional, sacred marriage. Gay and lesbian individuals feel that, like any other group, they should not

The History of Essay Topics on Gender Stereotypes Refuted

The History of Essay Topics on Gender Stereotypes Refuted Essay Topics on Gender Stereotypes and Essay Topics on Gender Stereotypes - The Perfect Combination The advice and tricks below will teach you the way to have a boy baby. In earlier times the methods to accomplish picking a boy or girl child involved a great deal of guesswork, some previous wives tales, and perhaps a very small bit of science. Getting preteen kids to rethink the reason why they believe males and females should behave a particular way might even be protective of their physical wellbeing. Parents are the main role models for young kids and young girls wish to grow up to be just like their mommy equally as young boys wish to be their dad. The loud argument was going to turn fierce as the young man started to threaten to win against the lady. Describe the area of women in the modern sports and how this situation looked a hundred decades ago. Tension and Work Life Balance There isn't any doubt that the workplace has contributed greatly to one of the best source of stress facing both women and men today. The good thing is that today it's simpler to recognize in what way the ways we're raised create limitations for both women and men. Choosing Good Essay Topics on Gender Stereotypes Issues regarding the qualities of an individual's gender and mental differences are some of the the most recent and actively discussed. Publications on Gender Issues Migration has been a significant source of population rise in the Nordic countries for the last decades. To start with, you should realise there aren't any gender predictors arrangements that could ensure 100% achievement. Find more information regarding gender based inco me disparities within this magazine article. You don't need to be worried about your personal details that could be viewed, as we handle the matter on a safe network. Your response would be an obvious indication which you are interested making a manage them. Your immune system gets weaker. My own private journey for balance enabled me to make my decision a couple of years ago when I made a decision to take a rest from a stressful work atmosphere. Amazing rating and great reviews should tell you whatever you will need to understand about this excellent writing service. It becomes dry and nobody would like to read that. Type of Essay Topics on Gender Stereotypes The guide goes through many distinct studies which were done on this subject. At our essay assistance, essays are always delivered in a brief moment. The essay isn't the simplest task to master. Locate the publication here. Action has to be taken to change not just our nation, but in addition the whole world. Women are more inclined to stress related illnesses on account of the conflict between work and loved ones. Playing the victim doesn't help. Free Gender Stereotypes essay samples can be found FreeEssayHelp with no payment or registration. Your essay may revolve around gender issues from differe nt regions of the world such as women rights in the Middle East and so forth. Stereotypes may also affect children. Vital Pieces of Essay Topics on Gender Stereotypes Therefore, many businesses are providing excellent customer service to make sure their continued patronage. Consumers don't obtain the item unless they've tried it themselves. The help of skilled people are worthy investments for any company in the long term. Creating customers is the principal aim of any business because they're the person who makes the business itself. The New Angle On Essay Topics on Gender Stereotypes Just Released There are workshops which can help to educate women about how to develop into successful negotiators. These strategies are typical and logically demonstrated. It would also boost productivity and general morale for their female employees. Find out more regarding the initiative. What Essay Topics on Gender Stereotypes Is - and What it Is Not Actually, people with mental illne sses are in the majority of cases able to be quite great employees, based on the kind and phase of the illness. If you have any of these symptoms, odds are that you might have allowed your energy to evaporate. If you are going through health issues you may have to talk to your health care provider. It is crucial to keep in mind that mentally unstable person never ought to be blamed for their conditions. Essay Topics on Gender Stereotypes Can Be Fun for Everyone The gender pay gap isn't only a national issue. Stereotyping and prejudice aren't the exact same but can appear similar in a way, no matter how the distinction is critical. Now you have a synopsis of the concepts we'll cover, we'll look first at stereotypes. The association between stereotyping and prejudice is just one of fantastic significance.

Active And Passive Euthanasia Essay - 1739 Words

Rachels and Brock In â€Å"Active and Passive Euthanasia† Rachels demonstrates the similarities between passive and active euthanasia. He claims that if one is permissible, than the other must also be accessible to a patient who prefers that particular fate. Rachels spends the majority of the article arguing against the recommendations of the AMA. The AMA proposes that active euthanasia contradicts what the medical profession stands for. The AMA thinks that ending a person’s life is ethically wrong, yet believes that a competent patient has a right to choose passive euthanasia, meaning to refuse treatment in this case. Rachels makes four claims arguing against that AMA statement. Rachels first argument is explained through justice and†¦show more content†¦Rachels’s third point in the argument states that there is not a fine line between passive and active euthanasia. He sets up two scenarios involving two cousins. In the first scenario, Smith plans to dr own his cousin in order to inherit money. The second scenario involves a person by the name of Jones. Jones plans on drowning his cousin for money, but the cousin falls, hits their head and drowns without Jones’ help. Jones witnessed the entire incident and could have stopped it, instead he allowed the tragedy to happen. Rachels concludes that killing and allowing to die, or active and passive euthanasia, are equal. They have the same intention. Rachels sums up his last argument by pointing out the major flaw of the AMA’s position on euthanasia. Even if taking away treatment seems helpful to the patient, the end result is still death. The same occurs for active euthanasia. Rachels concludes that passive euthanasia is just as moral as active euthanasia. Therefore, active euthanasia must be allowed if passive is also allowed. Brock’s article discusses the morality of voluntary active euthanasia. Brock knows that voluntary active euthanasia has its disadvantages, b ut that the advantages are much greater. He has four main benefits for making voluntary active euthanasia legal. The first benefit involves self-determination. He believes that everyone should have control over their health, body and life. Legalizing VAE would show respect toShow MoreRelatedEuthanasia Is Morally Permissible?850 Words   |  4 PagesEuthanasia, as defined by many philosophers, should only be morally permissible in certain circumstances where it benefits the one who dies. It is a widely held belief that an act of euthanasia aims at benefiting the one who dies. Using Kantian ethics as a model, one can determine that: It is morally permissible to engage in voluntary acts of euthanasia; it is morally permissible to engage in acts of nonvoluntary euthanasia, and; it is never morally permissible to engage in acts of involuntary euthanasiaRead MoreThe Argument Of Active And Passive Euthanasia1240 Words   |  5 Pages2015 Applied Ethics Professor Cobb Project # 3 This essay will aim to focus on the arguments that author, James Rachel’s presents in his article, Active and Passive Euthanasia,† In his article Rachel’s argues that both passive and active euthanasia are morally permissible and the doctors that is supported by the American Medical Association(AMA) is believed to be unsound. In this paper I will offer a thorough analysis of Rachel’s essay then so offer a critique in opposition of his argumentsRead MoreThe Morality Of Euthanasia By James Rachels1086 Words   |  5 PagesPanther ID: 3339147 Active Euthanasia Does James Rachels in â€Å"The Morality of Euthanasia† successfully argue that in at least some cases active euthanasia is morally acceptable? Explain his view and respond to it. In this essay, we are going to analyze the main ideas included in â€Å"The Morality of Euthanasia† by James Rachels to provide a response to the following question: Does James Rachels in â€Å"The Morality of Euthanasia† successfully argue that in at least some cases active euthanasia is morally acceptableRead MoreEuthanasi Active And Passive Euthanasia1562 Words   |  7 PagesEuthanasia, also known as voluntary or assisted suicide, is used for terminally ill patients to end their lives instead of undergoing painful treatments and torment of waiting for death. There are, however, two different ways in which A can bring about B’s death. In this essay I will present the distinction between active and passive euthanasia as explained by James Rachels in his article called â€Å"Active and Passive Euthanasia†. I will also debate whether euthanasia is justified or not by presentingRead MoreIs there a morally important difference between killing someone and l etting someone die?697 Words   |  3 PagesIn this essay I will provide differing philosophical perspectives on the matter before offering my own opinion. There are a number of different terms applied to the concepts of killing someone and letting someone die. Typically, these are: active and passive euthanasia and voluntary and involuntary euthanasia. Active euthanasia, sometimes referred to as ‘positive’ euthanasia, involves a deliberate act, such as lethal injection, that brings about death to a person. On the other hand, passive or ‘negative’Read MoreShould Euthanasia Be Legalized?1490 Words   |  6 PagesResearch Argumentative Essay 1 November 2015 Word Count - 1488 Mercy or No Mercy Soul is immortal. But body is mortal. In life there could be multiple problems. Some problems could be life threatening. There are some stages in life where one has to make decisions. Imagine you are in a place where you lost all your vital abilities and you have to spend your entire life like that. Your family and friend are in pain too just like you are in pain. What would you do? Euthanasia is and act where a personRead MoreDo You Think That the Right to Life Entails a Right to Die Under Certain Circumstances? Should the Law Be Changed to Grant a Universal Right to Voluntary Euthanasia?1000 Words   |  4 Pagesanswer these two questions in this essay. They are â€Å"Do you think that the right to life entails a right to die under certain circumstances?† and â€Å"Should the laws be changed to grant a universal right to voluntary euthanasia?†. In this essay, I am going to give reasons using ethical theories to justify these questions. Euthanasia Euthanasia is the act of a physician or other third party ending a patients life in response to severe pain and suffering. Euthanasia can be classified into three typesRead MoreDo You Think That the Right to Life Entails a Right to Die Under Certain Circumstances? Should the Law Be Changed to Grant a Universal Right to Voluntary Euthanasia?1008 Words   |  5 Pagesanswer these two questions in this essay. They are â€Å"Do you think that the right to life entails a right to die under certain circumstances?† and â€Å"Should the laws be changed to grant a universal right to voluntary euthanasia?†. In this essay, I am going to give reasons using ethical theories to justify these questions. Euthanasia Euthanasia is the act of a physician or other third party ending a patients life in response to severe pain and suffering. Euthanasia can be classified into three typesRead MorePersuasive Essay Pro Euthanasia954 Words   |  4 PagesGrace (JiEun) Lee AP Language and composition Persuasive essay 6 October 2017 Euthanasia legalization The ultimate value of life depends upon awareness and the power of contemplation rather than upon mere survival. Aristotle Being one of the most fervid and controversial topic of all, euthanasia, also known as physician-assisted suicide, has initiated a very sensitive discussion on life and death under one’s ability to choose either side. Euthanasia is defined as a â€Å"the act or practice of killing or permittingRead MoreArgumentative Essay : Killing And Letting Die1401 Words   |  6 PagesArgumentative Essay # 1: Killing and Letting Die According to James Rachels in his highly acclaimed article The End of Life, Rachels argues that killing and letting die are morally equivalent. My objective within this essay is to highlight and illuminate Rachel’s key points within the The End of Life, which leads him to this particular conclusion. While doing so I will highlight the main objection to Rachels argument, and illuminate my own objections to further prove that Rachels position is

Workplace Law Employment Contract or Relationship

Question: Discuss about the Workplace Law for Employment Contract or Relationship. Answer: Introduction The major issue arising in this case study is the type of employment contract or relationship is in place. That is, whether the contracted engagement is one of a contract of service or a contract for services. The answer to this question will ascertain whether the worker is an employee or an independent contractor. Additionally, based on the facts provided, it is also important to discuss the possibility of the existence of a sham arrangement among the parties involved. This constitutes the second legal issue that the paper will seek to analyse. Furthermore, the analysis is incomplete without an examination of the contractual obligations of employers as provided by law. This discussion will dwell specifically on the obligations with regard sick and carer leaves, injury, taxation and superannuation payments and finally termination of employment. An analysis of the available remedies to aggrieved parties, should a breach of either obligation arise, will also be provided. Employment Relationships A contract of service establishes an employee and employer relationship while a contract for services creates that of a client and an independent contractor (Marshall, 2006). The essence of the rights and obligations owed in a contract of work for pay is dependent on whether the contract is of services or for services (Marshall, 2006). However, courts, relevant parties and administrative bodies have faced great difficulty over the years in identifying the nature of contractual relationships based on these simple statements (Hopgood Ganim, 2011). For an identification and distinction of employment relationships, legislation has greatly relied on common law (Workplace Law Lecture 2, n.d.). As no single test is conclusive, various tests have been established with the aim of providing a criterion against which relationships are tested to determine employment (Hopgood Gamin, 2011). These tests include; the control test, the organisation test, the multi-indicia test, and the economic reali ty test. The focus of this paper, however, will be the control test and the multi-indicia test. Tests for Employment Historically, the control test was considered as the most effective test for employment relationships (Hopgood Gamin, 2011). The significant elements under this test were the degree of control and the actual exercise of control (Marshall, 2006). These went hand in hand with the questions regarding the activity to be performed, the place of performance and the time it was performed (Marshall, 2006). McCardie J established the test in Performing Right Society Ltd v Mitchell Booker Ltd (1924), where he stated that the nature and degree of control exercised on an alleged servant determined whether they were an employee or an independent contractor. This point was reiterated in Federal Commissioner of Taxation v J Walter Thompson (Australia) Pty Ltd (1944) where Latham CJ stated that if a skilled worker was subjected to extensive control with regard to how they perform their duties then they qualified to be employees. Over time, the control test surpassed its usefulness based on the fact that in some cases the skill of the employee exceeded that of the employer thus reducing the level of control applied (Marshall, 2006). Courts then adopted the multi-indicia or multi-factor test which considers various factors, including control, in establishing employment relationships (Fair Work Building Construction, 2013). The test was outlined in Stevens v Brodribb Sawmilling Co Pty Ltd (1986) where the High Court established that although the control test was significant it was no longer a sufficient and factors such as the mode of payment, working hours, tax deductions, delegation of duties among others also had to be considered (Sewerynski, 2003). In Ace Insurance Ltd v Trifunovski (2011), the courts determined that agents, previously thought to be independent contractors, were employees based on the mode of payment, training and assignment of duties by the host company (Wood Groch, 2013). Labour Hire Workers Workers who are employed by a labour agency, that later contracts them to work for another company, are known as labour-hire workers (Workplace OHS, n.d.). Labour hire workers are entitled to the relevant modern awards as well as National Employment Standards (NES) regardless of the standing arrangements at the host company and it is the duty of the labour hire organisation to ensure that they receive these entitlements (Fair Work Ombudsman, 2013). According to ATO (2016), labour hire businesses are also obligated to withhold tax and make superannuation payments for their employees. The host organisation has no obligation to the employees in this regard. However, the Work Health and Safety Act 2011, imposes on both the host company and the agency a duty to ensure the working environment is safe and well maintained. In Drake Personnel Limited v WorkCover Authority of New South Wales (1999), it was held that in as much as the host company owes a duty to the employee, the labour hire ag ency has an obligation to ensure that the premises are safe for their employee (Employee Relations the International Journal, 2006) Sham Contracting Arrangements A sham contracting arrangement is created when an employer, in order to avoid certain obligations, purports to pass off an employer-employee relationship as a contract for service (Fair Work Ombudsman, 2013). An example would be where the employee is required to have an ABN and submit invoices and a contractor agreement is relied on to make the working relationship appear legitimate (Emery Associates, n.d.). The Fair Work Act 2009 prohibits employers from; claiming an employee is an independent employer, misleading the employee to convince them to become an independent contractor, terminating employment for reluctance to become an independent contractor and also terminating employment to rehire a worker as an independent contractor. According to Wheelright (2004), Damevski v Guidice (2003), is a case that illustrates how shrewd and knowledgeable employers can take advantage of the contrast in common law between employees and independent contractors to their workers disadvantage. In Re Porter; ex parte Transport Workers Union of Australia (1989), Gray J stated that parties could not make something resembling a rooster and purport to masquerade it as a duck. All in all, sham arrangements are illegal under Australian law. The Case Study The determination of Marions employment relationship is not a straightforward one. This is because there are three parties involved in the contract for labour. Marion was first hired by Technicalities Ltd, which later contracted with Innovative Storage for Marions services. This three-party arrangement brings about the concept of labour hire employees. It is stated that Marion worked for other companies when she could and also registered an Australian Business Number as per Technicalities requirements. These facts provide characteristics that are normally unique to independent contractors. However, having an ABN number among other specifications does not automatically make one an independent contractor (Hills, 2015). It is important to test Marions circumstances under various factors to determine her employment relationship. In the case study, it is seen that Marion took her daily work instructions from Innovative Storage. The company informed her of when her working hours were, what she would be doing and with whom she would be working. This allocation of duties and supervision constitutes a degree of control that under Federal Commissioner of Taxation v J Walter Thompson would be said to prove employment. Marion also received training from IS in an account system once a week; in Ace Insurance Ltd v Trifunovski this would be a factor distinguishing as an employee. Marion did not use her own equipment, she wore the IS uniform while at work and fell down the stairs while carrying IS office equipment. Marion also had an ongoing expectation to work, that is she had not been contracted for a specific task at a specific time. All these factors serve to prove that Marion was indeed an employee. As it has been established that Marion was an employee based on a multi-indicia test, the next issue to determine is who her employee was. As per the facts, Marion received her remuneration from Technicalities who paid her at a flat hourly rate. This would automatically, under normal circumstances, make Technicalities her employer. However, Marion did not take her instructions from Technicalities but rather received them from Innovative Storage who also determined her hours. In FP Group Pty Limited v Tooheys Pty Limited (2013), the Full Bench of the Fair Work Commission stated that under labour hire agreements, the labour hire organisations assumed the role of employer regardless of the degree of control exercised by the host company (Hall Gallop, 2015). With this in mind, it is clear that Technicalities Ltd was Marions employer. At this juncture, it is essential to consider the issue of sham contracting arrangements. Technicalities Ltd. had requested Marion to register an Australian Business Number so as to be able to receive her pay. This statement can be said to be a misrepresentation that led Marion to enter into without her knowledge. This misrepresentation allowed Technicalities Ltd to avoid responsibilities such as paying superannuation and taxes on Marions behalf. She was also not paid sick as well as carer leave and her medical expenses after her injury at Innovative Storages premises were reimbursed by the host company. Therefore it is evident that Technicalities Ltd was in breach of various NES requirements as an employee with regard to Marions entitlements. It is also their contractual obligation, together with the host company, to ensure that the workplace is safe for Marion and compensate her for any injuries suffered. In conclusion, therefore, Marion was an employee of Technicalities Ltd who owed her a contractual duty of care to ensure her safety, withhold her taxes, make her superannuation payments and allow her paid sick and carer leave. References Cases: Performing Right Society Ltd v Mitchell Booker Ltd (1924) 1 KB 762 Federal Commissioner of Taxation v J Walter Thompson (Australia) Pty Ltd [1944] HCA 23 Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1 Ace Insurance Ltd v Trifunovski [2011] FCA 1204 Drake Personnel Limited v WorkCover Authority of New South Wales (1999) 90 IR432 Damevski v Guidice [2003] FCAFC 252 Re Porter; ex parte Transport Workers Union of Australia (1989) 34 IR 179 FP Group Pty Limited v Tooheys Pty Limited [2013] FWCFB 9605 Sources: Australian Taxation Office. (2015). Super for Employers. Retrieved from https://www.ato.gov.au/Business/Super-for-employers/# Australian Taxation Office. (2016). PAYG Withholding and Labour-hire Firms. Retrieved from https://www.ato.gov.au/business/PAYG-withholding/in-detail/labour-hire/PAYG-withholding-and-labour-hire-firms/ Emerald Group Publishing. (2006). Health and Safety at Work and its Relevance to Employment Relations Research. Employee Relations the International Journal, 28(3). Fair Work Building Construction. (2013). Employee or Independent Contractor? Retrieved from https://www.fwbc.gov.au/sites/g/files/net666/f/Employee%20or%20Independent%20contractor_0.pdf Fair Work Ombudsman. (2013). Understanding On-hire Employee Services: A Guide for On-hire Businesses and Host Organisations. Retrieved from www.fairwork.gov.au Hills, S. (2015). Independent Contractor, Labour-hire Worker or Employee?. Wine Viticulture Journal, November/December. Retrieved from https://www.winesa.asn.au/_r4569/media/system/attrib/file/992/Independent%20contractor,%20labour%20hire%20worker%20or%20employee.pdf Hopgood Ganim Lawyers. (2011). Contractors v Employees: The Differences and Why it Matters. Retrieved from https://www.mondaq.com/australia/x/125432/Contractors+v+Employees+The+differences+and+why+it+matters+Part+3 Marshall, B. (2006). Working it Out- Employee or Independent Contractor?. The National Legal Eagle, 12(2), 14-19. Retrieved from https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1102context=nle. Murdoch University. Workplace Law Lecture 2 slides. RP Emery Associates. (n.d.). Sham Contracting- The Facts You Need to Know. Retrieved from https://www.findlaw.com.au/articles/5706/sham-contracting--the-facts-you-need-to-know.aspx. Sewerynski, M. (2003). Collective Agreements and Individual Contracts of Employment. Kluwer Law International. Snedden Hall Gallop Lawyers. (2015). Labour Hire Workers- Who is the Employer?. Retrieved from https://www.shglawyers.com.au/news/legal-news/article/?id=labour-hire-workers-who-is-the-employer. Wheelright, K. (2004). Roosters, Ducks and Labour-hire Arrangements: Damevski v Guidice (2003) 202 ALR 494 (FCA Full Court). Southern Cross University Law Review, 8, 190-200. Retrieved from https://www.austlii.edu.au/au/journals/SCULawRw/2004/8.pdf. Wood, A., Goch, D. (2013). The Differences Between Employee and Contractor. Retrieved from https://www.charteredaccountants.com.au/News-Media/Charter/Charter-articles/Business-management/2013-03-The-differences-between-employee-and-contractor.aspx. Workplace OHS. (n.d.). Labour-hire Workers. Retrieved from https://workplaceohs.com.au/responsibilities/contractors/labour-hire-workers.

Tipical Teenager Essay Research Paper Typical TeenagerMeg free essay sample

Tipical Teenager Essay, Research Paper Typical Adolescent Meg is a typical adolescent who makes many alterations in the class of Madeleine L Engle s, A Wrinkle in Time. At first she is insecure, angry, impatient, dependent, and has a deficiency of assurance despite her considerable abilities. As she matures, she learns a great trade about her supposed failings that subsequently become strengths and assist her to go more autonomous and responsible for her ain jobs. Meg uses her restlessness, deficiency of regard for authorization, and choler to assist her battle and turn throughout the narrative. These mistakes help her happen her interior strengths and go more autonomous, and willing to cover with her ain jobs. From the beginning, Meg is a slightly dependent individual. She neer wants to confront a state of affairs by herself ; she needs to hold person at that place keeping her manus and walking her through her problems. We will write a custom essay sample on Tipical Teenager Essay Research Paper Typical TeenagerMeg or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For illustration, when she is foremost brought to see the black thing and has to be tessered at that place, She was wholly entirely. She had lost the protection of Calvin s manus. Charles was nowhere, either to salvage or turn to ( 50 ) . She ever needs person to keep her manus and comfort her whenever problem arrives, or when she is scared of what is traveling on. I think these are the Acts of the Apostless of a typical adolescent who is non ready for the universe, but thinks they are until they are faced with world. Interrupting off from this demand for security from her brother, male parent and Calvin is a difficult conflict to get the better of, but shortly Meg learns that her alleged mistake of restlessness helps her to travel frontward and be more independent. One clip, when they are on their manner to the Central Intelligence edifice and Calvin and Charles want to do Michigans along the manner, Meg says Come on. Meg pulled at them. How many times was it she had urged them on? Let s travel find Father. ( 101 ) . Meg uses this restlessness to force the others frontward in this journey, now going the leader of the hunt, non waiting to see what the others wanted to make. She is determined to happen her male parent with or without the others. Out of this restlessness and finding grows an independent Meg ready to contend entirely if need be. That is the instance when she realizes that she is the lone 1 who can return to Camazotz to contend IT in the conflict to salvage her brother. She is now ready to stand on her ain, without looking for person else to work out the job. She will make it herself! Meg s choler and obstinacy besides play a large portion in her growing from get downing to stop of the novel. Once once more, merely like most adolescents, she thinks she knows everything and doesn Ts need aid from anyone. She is in changeless struggle with Mr. Jenkins, the school rule, demoing she will non endorse down from anyo Ne. Mr. Jenkins, you ve run into my female parent, haven t you? You can t accuse her of non confronting facts, can you? She s a scientist. She has physician s grades in both biological science and bacteriology. Her concern is facts. When she tells me that my male parent is coming home, so I ll believe that. ( 23 ) Meg has her ain position of the universe, and nil will alter that, no affair what is traveling on in her life. This really attitude plays a cardinal function in her being the lone one able to contend IT at the terminal of the narrative. IT s whole power is drawn from people purchasing into his manner of life, everyone being equal merely when everyone is making the same thing, and everyone holding the exact same ends in their life. It demands that everyone be likewise. There were two statements Meg utilizations in her battle with IT, Possibly if you aren t unhappy sometimes you don t cognize how to be happy, and Like and equal are non the same thing at all! Her obstinate ways will non allow her purchase into the beliefs of IT, and this allows her to be able to liberate her head of his clasp. Finally, Meg s choler helps her develop into a more autonomous individual willing to cover with her ain jobs. Meg s choler is a large portion of her character throughout the class of the novel. This really anger gets her in a batch of problem, yet ends up being one of the qualities that helps her trade with her jobs. Meg uses her choler to drive away things she is afraid of or does non understand. For illustration, when Meg is speaking with Aunt Beast she explains about being afraid, I m less afraid when I m angry. Through this choler come strength and the assurance that she is able to make anything ; she is able to cover with her jobs by herself. This choler besides helps her figure out what she has that IT does non hold in the concluding conflict. She becomes angry to derive that strength, but she realizes that IT has anger and can derive strength from his choler excessively, but IT does non hold love. Meg s love for her brother is what IT can non double or copy. Merely through her choler is this discovered, and with that, strength comes to a more autonomous Meg. Meg is no different so any other adolescent. She learns that the things that one time held her back in life ; her choler, restlessness, and obstinacy can besides be good qualities to hold. These really qualities are what make her an person that no 1 can double ; she is person particular. These failings, in the terminal, turn out to be strengths in her battle against IT. They happen to be really powerful traits as she uses her obstinacy to non purchase into IT s manner of life. These traits help her figure out that love is the key in the conflict for her brother and male parent. This procedure of alteration is something all adolescents go through at some clip in their lives.