What affects customer satisfaction and behavioral intentions - Free Essay Example

Sample details Pages: 21 Words: 6291 Downloads: 8 Date added: 2017/06/26 Category Business Essay Type Analytical essay Tags: Customer Service Essay Did you like this example? Introduction: Aim of Project: Perception of Chinese restaurant in the U.S: What affects customer satisfaction and behavioural intentions? Objectives: To analyse the customers behavioural intentions for Chinese restaurant in U.S. To analyse the perception of Chinese restaurant in the U.S. To evaluate and analyse what affects customer satisfaction and behavioural intentions. The United States is a multicultural and multiethnic nation and this national trend of diversity is expected to consistently increase (Josiam and Monteiro, 2004; Sukalakamala and Boyce, 2007). One reflection of this cultural and ethnic diversity is the variety and prosperity of ethnic restaurants in the American foodservice market. The U.S. Don’t waste time! Our writers will create an original "What affects customer satisfaction and behavioral intentions?" essay for you Create order ethnic food market generates $75 billion in annual sales, around 65% of which is attributed to the foodservice industry (US ethnic food market, 2005). Yet, the fast growth of ethnic restaurants is not driven entirely by the growing number of new immigrants. In fact, 75% of ethnic food consumption comes from non-ethnic customers (US ethnic food market, 2005). As lifestyles change and dining out becomes more and more commonplace, many customers desire new flavours and experiences. Along with this popularity is the rapid development of Chinese restaurants. According to Chinese restaurants news (2007), there are about 43,139 Chinese restaurants in the United States, which is more than the total number of all McDonalds Wendys and burger king domestic outlets combined. Chinese restaurants generate over $17.5 billion annual sales, accounting for about one fourth of overall annual sales generated by ethnic restaurants in the U.S. (Chinese Restaurant News, 2007). Known for its good taste and great value for the price, Chinese cuisine is among the big three most popular ethnic cuisines in the U.S. food service market (National Restaurant association, 1995). It is estimated that 90% of the American population has tried Chinese food and 63% of Americans eat Chinese food each month (George, 2001). Facing more sophisticated American consumers and increasing competition in the restaurant industry, Chinese restaurants can no longer succeed by depending on good taste or low price alone. According to National Restaurant Association (2000a,b), due to an increased familiarity with ethnic food. American consumers attitudes toward ethnic cuisine have recently changed. Today, an exotic experience is not enough to attract consumers to an ethnic restaurant. Customers are no longer willing to trade off inferior service or atmosphere for an opportunity to try new flavours. They prefer an excellent overall dining experience. Moreover, Chinese restaurants are facing increasing challenges from other emerging Asian restaurants and from the changing tastes of American customers who prefer healthy or spicy food. Therefore, a better understanding of the key attributes influencing customer satisfaction and post dining behavioural intentions in Chinese restaurants will provide important practical implications for Chinese restaurants operators. Literature review: At all stages in the elaboration of a dissertation, the author must exert control over both the content and the way it is organised. The literature review is what shows that the author understand the chosen topic and keeps to the aim. In researching for your dissertation or project, you will generally be expected to source material for yourself says MacMillan (2007, p.61). Meanwhile, Swetnam (2005, p.76) gives examples and his definition is that the literature review is central to the dissertation and in all styles of work. It has a number of functions, for example, it shows that you have read widely around your chosen topic, it demonstrates your critical understanding of the theory; it informs and modifies your own research. White (2006, p.83) gives a newer definition that the literature review will help you to discuss the dissertation in its relevant context, together with any theoretical frameworks which may be involved. It may also trigger your imagination and help you set the wo rk in a new and different light because the author learns and understands more, which can stimulate further analysis. Research Method: The researcher need way to get the data will be from books, magazines, newspaper and through internet. As there are so many websites, no. of books, newspaper and magazines from where researcher will get updated information regarding the research. Through qualitative method the researcher will be able to find out easier way for doing research and by getting direct information related with the research. And the other thing is that in qualitative method accuracy rate is good not all time but, mostly.Quantitative method also very helpful to do the research. Code of Ethics: The world tourism organisation developed a code of ethics. This is recognition of the need to enshrine many of the principles of global action on the environment and the rights of tourists and workers. The basic principles inherit in the code are: 2 Table of contents Implementation of the principles of the code of ethics of hospitality. Mutual understanding and respect between peoples and societies. Restaurant as a beneficial activity for host countries and communities. Summary: This work will introduced the conceptual issues associated with the research of customer satisfaction from Chinese restaurant in US and also demonstrate what is happening with people of the local community. Chapter: 2 Literature Review Literature Review: An Introduction At all stages in the elaboration of a dissertation, the author must exert control over both the content and the way it is organised. The literature review is what shows that the author understand the chosen topic and keeps to the aim. In researching for your dissertation or project, you will generally be expected to source material for yourself says MacMillan (2007, p.61). Meanwhile, Swetnam (2005, p.76) gives examples and his definition is that the literature review is central to the dissertation and in all styles of work. It has a number of functions, for example, it shows that you have read widely around your chosen topic, it demonstrates your critical understanding of the theory, it informs and modifies your own research. White (2006, p.83) gives a newer definition that the literature review will help you to discuss the dissertation in its relevant context, together with any theoretical frameworks which may be involved. It may also trigger your imagination and help you set the wo rk in a new and different light because the author learns and understands more, which can stimulate further analysis. Chapter: 1 Ethnic cuisine development and Chinese restaurants in the US. In the past few decades, with the influx of new immigrants as well as diversifying tastes of Americans, ethnic foods have become widely available and increasingly popular in the U.S. food service market (Josiam and monteiro, 2004). Traditional ethnic cuisines such as Italian, Mexican and Cantonese Chinese have become so familiar to American customer that they are perceived as mainstream American foods (Mills, 2000). In the meanwhile, many emerging ethnic cuisines such as Caribbean, Mediterranean and Pan Asian have also gained wide acceptance in recent years (US ethnic food market, 2005). Chinese cuisine arrived in the U.S. with the first railroad construction workers brought over to the west coast of the U.S. in the nineteenth century (Freeman, 2008). From the first Cantonese style Chinese restaurant opened in San Francisco in 1849, it rapidly penetrated towns and cities all over the U.S. and became part of the American experience (Chen and Bowen, 2001). Cantonese style cuisine, characterised by its light sweet and sour flavours, is the most popular Chinese cuisine in the U.S. In the recent years, other styles of Chinese cuisine have also become familiar to American customers, such as Szechwan, Hunan and Mandarin styles. The first two styles are famous for their hot and spicy flavours, while the last one is characterised by light, elegant and mildly seasoned foods (George, 2001). According to the National Restaurant Association (1995), customer perceived Chinese cuisine as a great value for the price, good for carryout, rich in flavour and difficult to prepare at ho me. Although there a few Chinese restaurant chains operating in the U.S. such as P. F. Changs China Bistro and Panda Express, most Chinese restaurant has a Chinese name outside, is decorated with Chinese styled pictures and artifacts, such as Chinese brush landscape paintings red lanterns, offers a menu printed in both Chinese and English, and provides Chinese characterised tableware, such as chopsticks and Chinese restaurants have been facing intense competition among themselves due to fast development and expansion in the U.S., as well as from other emerging Asian restaurants such as Indian, Japanese, Korean, Thai and Vietnamese ( Jang et al., 2009). Thus, maintaining customer satisfaction and repeat patronage may be more important for Chinese restaurants than ever before. Chapter: 2 Customer satisfaction and related theories The topic of customer satisfaction has held a significant position in the marketing literature over the decades since satisfied customers can be generate long-term benefits for companies, including customer loyalty and sustained profitability (Homburg et al., 2006). Researchers have explained the mechanism of customer satisfaction with number of distinct theories, such as expectancy-disconfirmation theory (Oliver, 1981), contrast theory (Howard and Sheth, 1969), assimilation or cognitive dissonance theory (Anderson, 1973), equity theory (Oliver and Swan, 1989), and value percept theory (Westbrook and Reilly, 1983). Among them, the most widely accepted theory is the expectancy disconfirmation theory. According to this theory, customers satisfaction judgements are the results of comparisons between customers expectations and perceived performance. If the perceived performance exceeds the expectation, the expectation is positively disconfirmed and the customer is satisfied. On the cont rary, if the perceived performance falls short of the expectation, the expectation is negatively disconfirmed and the customer is dissatisfied. Another influential theory for customer satisfaction is the equity theory. This theory suggests that satisfaction occurs when customers perceived that they have obtained more benefits compared to their cost (e.g. money, time and effort) and perceived value is an appropriate factor in measuring satisfaction (Oliver and Swan, 1989; Yuan and Jang, 2008). Another commonly used theory, the three factor theory, provides a basic explanation for the structure of customer satisfaction. This theory claims that three independent satisfaction factors influence customer satisfaction in different ways (Kano, 1984; Matzler and Sauerwein, 2002). Basic factors are minimum requirement for satisfaction. Failure to fulfil the minimum requirements causes dissatisfaction, whereas fulfilling or exceeding them does not necessarily lead to satisfaction. Excitement factors increase customer satisfaction if delivered but do not cause dissatisfaction if not delivered. Performance factors lead to satisfaction if performance is high and to dissatisfaction if performance is low (Fuller and Matzler, 2008). This theory has been validated empirical studies (e.g. Fuchs, 2004; Matzler et al., 2006) and could provide an additional perspective for understanding the effects of restaurant attributes on customer satisfaction. Basic factors can be seen as the prerequisit es for the satisfaction, signifying that customer take that for granted. Performance factors are a critical competitive area and directly related to customers explicit needs and wants. Excitement factors are unexpected by customers, so they can be a surprise gift that generates extra delight (Fuller and Matzler, 2008). Chapter: 3 Behavioural Intentions Behavioural intention can be defined as the degree to which a person has formulated conscious plans to perform or not perform some specified future behaviour (Ajzen and Fishbein, 1980). According to the theory of reasoned action (Fishbein and Ajzen, 1975), behavioural intention is the motivational component of a volitional behavioural and is highly correlated with behaviour itself (Jang and Feng, 2007). Although there are still arguments about the level of correlation between behavioural intentions and actual actions, it seems to be generally agreed that behavioural intention is a reasonable variable for predicting future behaviour (Quelette and Wood, 1988). Thus, a good understanding of the determinants of favourable post-dinning behavioural intentions such as saying positive things about the restaurant, recommending the restaurant to others, and repeat purchasing can provide practical guidance for restaurant practitioners. Another construct that is highly related to behavioural intentions is customer satisfaction. It is regarded as one of the key antecedents of post purchase behavioural intentions because customer satisfaction has a positive effect on the customers attitude towards the product or service and can reinforce the customers conscious effort to purchase the product or service again in the future (Oliver, 1989, 1999). However, previous studies have also suggested that factors that influence customer satisfaction are not always in accordance with factors influencing customer behavioural intention, for example, Sulek and Hensley (2004) found that food, atmosphere, and fairness of the seating order were all significant predictors of a customers overall dining satisfaction, but only food quality predicted post-dining behavioural intention. In examining food quality in restaurants, Namkung and Jang (2007) reported that food temperature had a significant effect on customer satisfaction but no effe ct on behavioural intention. Conversely, healthy options were a direct determinant of behavioural intentions but did not influence customer satisfaction. Therefore, there is a practical need to investigate the effects of restaurant attributes on both customer satisfaction and behavioural intentions. Chapter: 4 Factors influencing customer satisfaction and behavioural intentions in restaurants Reuland et al. (1985) suggested that hospitality services consist of a harmonious mixture of three elements: the material product, the behaviour and attitude of the employees, and the environment. Berry et al. (2002) also proposed three categories of cues that present themselves in the service experience: functional cues (technical quality of service), mechanic cues (nonhuman elements in the service environment) and humanic cues (behaviour of service employees). Based on these propositions, the basic restaurant attributes can be said to be include food, service and environment. Though a literature review of dining satisfaction and behaviour intention, all three basic elements were found to directly or indirectly contribute to customers overall satisfaction with a restaurant experience and their post dining behavioural intentions. Chapter: 5 Food Quality As the core product of a restaurant, food plays a pivotal role in the restaurant experience. Food quality has been generally accepted as major factor influencing customer satisfaction and post dining behavioural intention. For example, Dube et al. (1994) measured the relative importance of seven restaurant attributes in repeat purchase intention in an upscale restaurant setting and found that food quality was far more important to restaurant customers than all others attributes, Sulek and Hensley (2004) investigated the relative importance of food and physical setting, and service in a full-service restaurant and found that food quality was the most important factor influencing satisfaction and the only factor predicting behavioural intention. Namkung and Jang (2007) evaluated the relationship of individual attributes that constitute food quality (e.g. food presentation, menu variety, healthy options, taste, food freshness and temperature) with customer satisfaction and behavioural i ntentions. The findings indicated that food presentation, taste and temperature were significantly related to customer satisfaction whereas food presentation, taste and healthy options (instead of temperature) were significant predictors of behavioural intention. Besides the above- mentioned six individual attributes, food safety is also an important cue for evaluating food quality. Although food-safety defects are not always immediately apparent, customers do tend to notice undercooked food, food with an off taste, or foreign material in their food (Sulek and Hensley, 2004). Thus, food may serve as the most basic and lowest standard when judging quality. Service Quality: In the service literature, perceived service quality is defined as the customers judgement of the overall excellence or superiority of the service (Zeithaml, 2008). It is the customers subjective evaluation, resulting from a comparison of expectations and perceived performance. SERVQUAL (Parasuraman et al, 2008) is the instrument most often used for measuring perceived service quality in the marketing literature. It consists of five service dimension, namely, tangibles (physical facilities, equipment, and appearance of personnel), reliability (ability to perform the promised service dependably and accurately), and responsiveness (willingness to help customers and provide prompt service), assurance (knowledge and courtesy of employees and their ability to inspire trust and confidence) and empathy (caring, individualized attention the firm provides its customers). To adapt SERVQUAL to the restaurant industry, Stevens et al. (2005) modified several items from the original SERVQUAL and d eveloped DINESERV to measure perceived service quality in restaurants. In the restaurant industry, since customers not only evaluate the quality of food but also the service encounters during their dining experience, perceived service quality is seen as another core determinant of customers satisfaction and behavioural intention. For example Kivela et al. (2009) proposed a comprehensive model for dining satisfaction and return patronage. Their study indicated that the probability of return patronage was dependent on customers satisfaction with five aspects of a restaurant: first the last impressions, service quality, and ambience quality, food quality and feeling comfortable eating there and reservation and parking. Ladhari et al. (2008) investigated determinants of dining satisfaction and post-dining behavioural intentions, and concluded that perceived service quality influenced customer satisfaction through both positive and negative emotions, Customer satisfaction, in turn, influ enced recommendations, customer loyalty and willingness to pay more. Their results suggested that compared with food quality/reliability, physical design and price, service responsiveness was the most important contributor to customer satisfaction. ATMOSPHERICS Atmospherics is perceived as the quality of the surroundings space. According to Kotler (2006) it is the conscious designing of space to produce specific emotional effects in buyers that enhance their purchase probability. Atmospherics is made up of a set of elements, such as music, lighting, colour and scent. Research in environmental psychology has suggested that atmospherics has a powerful impact on peoples emotions, attitude and behaviour. Mehrabian and Russell (2005) first introduced a theoretical model to explain the impact of environmental stimuli on individual behaviour. The model claims that the physical environment could influence peoples emotional response (such as pleasure and arousal), which in turn elicits approach or avoidance behaviour toward the environment. The model has gained consistent support from the numerous empirical studies in different service settings, such as retail stores and hotels (Baker and Cameroon, 2006). In the restaurant context, Ryu and Jang (2007) explored the combined effect of multiple atmospheric variables on behavioural intentions in upscale restaurants. Their findings supported that ambience (example music, aroma, and temperature) and employee appearance had the most important influence n customers post dining behavioural intentions. OTHER FACTORS-PRICE FAIRNESS AND AUTHENCITY Besides food, service and atmospherics, perceived price fairness could be another factor that influences the customer satisfaction and behavioural intentions (Bei and Chiao, 2007). It is based on consumer internal reference prices, which could be generated by the last price paid, the price most frequently paid and the market prices in similar transactions (Kahneman et al.2006). This principle posits that firms are entitled to a reasonable profit and customers are entitled to a reasonable price. An increase in price is preserved to be fair if it is due to a cost increase. Otherwise, it is preserved to be unfair if the price is increased without any underlying cost increase. Perceived fairness of price is found to be positively related to customer satisfaction and loyalty (Bei and Chiao, 2007), whereas perceived unfairness of price can lead to immediate negative attitudinal and behavioural responses such as dissatisfaction, complaining and switching to other providers (Xia et al. 2005) . Authenticity is an attribute that could be specifically relevant to ethnic restaurants. Authenticity refers to whether the food and ethnic origin. In other words, the environment and cuisines are not adjusted to meet local tastes and customers who are familiar with the culture of the ethnic origin can be judging its authenticity (Ebster and Guist 2006). Compared with Americans restaurants, ethnic restaurants usually make use of ethnic art, decor, music and customers. Some scholars even describe ethnic restaurants as cultural ambassadors of the home country and the dining experience in an ethnic as culinary tourism (Wood and Munoz, 2006). Summary Based on the literature review, this study investigated customer perception of Chinese restaurant in terms of food related attributes service related attributes, atmosphere related attributes and other attributes (price and authenticity), and identified the key attributes affecting customer satisfaction and behavioural intentions. Research Method Chapter: 3 Research Method Research Method Introduction: Methodology is the study of methods and it raises all sorts of philosophical questions about what it is possible for researcher to know and how valid their claims to knowledge might be (Fisher, 2007, p.40) The researcher has to consider the nature of the setting being studied or the question being asked, as well as any possible limitations on the study, such as time and resources. Resources may be human being or monetary resources, or research tools such as computers or computer assisted telephone interviewing laboratories. There also needs to be to be a match between the study topic and methodology. For example, a research question that seeks to determine the size of the visiting friends and relatives market in an area would use a quantitative methodology, not a qualitative methodology, because the focus is on quantification. A methodology is a systematic and orderly approach taken towards the collection and analysis of data so that information can be obtained from those data. Data are raw, specific, undigested and therefore largely meaningless; information, in contrast, is what you get when data have been arranged in such a way that uncertainty is lessened, queries resolved, and questions answered. In the words of Jankowicz (2005, p.220) Everything you do in your empirical work should be directed to the one end of gathering and presenting data from which information can be easily and simply derived. Veal (2006, p. 125) The research approach: The author will use primary sources in the dissertation. Two interviews will be conducted: with one member of Dancing Dragon, Teesside (one of manager ) with one regular customer of Dancing Dragon restaurant The two chosen people one from Dancing Dragon and another from a regular customer of Chinese restaurant. Therefore, that customer will be capable of answering all questions and give new examples. The experience for the author is important because the answers will be based on true stories, examples and theories that are necessary for the dissertation. The interviews will be done by email and telephone, which could give the author an opportunity to gain some extra information if the interview exceeds the prepared questions and some new information will come from the interviews. Practicality of research: The interviews are a very good research method and are also practical. The information gained in the process is something new because it is primary source, then from secondary source, which must be checked. Primary source data can help the help to avoid incorrect or approximate information to learn and present further on, there is no need for the author to check it before including it in the dissertation. Also, Face to face interview can also help the author to conduct the interviews on time. The appointments must be made on time and dates are set, interviewees will not have chance to put off the interviews. Finally, it is an interesting process for the author. Sitting with a lot of books or magazine articles in the learning centre sometimes does not arise any interest in the author and the creativity in this case is poor, but to go out and to speak with people makes impressive ideas and final work can differ a lot. Five Codes of Ethics: The author of this dissertation will comply with five codes of ethics, and they will also be the limitations: will not collect information in such a way that participants are not aware of it will explain for what purpose information is required will choose to interview random individuals and will not exert pressure of any kind on them will not change information provided by participants will maintain confidentially at the request of participants The author will strictly follow the Five Codes of Ethics to avoid unnecessary misunderstanding that could develop between the author and interviewees. It is important to respect the interviewees wishes if they have them. It is the best way to say Thank You to respect for the time they have devoted and the knowledge for the author. Methodology: Methodology is the philosophical framework with which the research is conducted or the foundation upon which the research is based. To word it differently, methodology is the rationale for the particular methods you use in your researching and in that type of research in general says Berman (2006, p. 12). That means that methodology is needed to provide the author with the means to find the research needed for the written dissertation. For the purpose of this research, the primary data will consist of two interviews and they will cover all three objectives, first, with one regular customer of Dancing dragon restaurant and the second with one member of the Chinese restaurant. The interviews will be conducted through email and telephone , and will be formal. There will be 10 questions. The interviews will give advice from people who have substantial experience in the industry. Primary and Secondary Data: Data can be drawn from both primary and secondary sources. A secondary source of information already exists and has been gathered by someone else. Official statistics, previous studies, journal, magazine and newspapers articles are all sources of secondary information, and will be used in the research project for findings, analysis and recommendations. There are many styles of primary research experiments, ethnographic research and surveys. Bedford (2006, p.61) defines primary data which comes from the source at the time of the event; it may be a report, newspaper article, film footage, or a live or recorded interview. That means that primary data are something that is not from sources that are already available to each student, but what he/she has studied or gained from the information by doing some research on his /her own. Many courses of study require students to engage in some form of primary research activity. In this dissertation, there will be questionnaires for people selected for the research. An advantage is that information which will be found is something new and unreached, but the limitations may be about the confidentiality of the interviewees if they ask for it. Quantitative and Qualitative Data: Quantitative data encompass a group of methods focusing on quantities and on numbers, scientific research relies heavily on quantitative data. This means it focuses on changes or differences that can be measured. Standardised measurements are used such as number, time, weight, and length, says Cottrell (2008, p.206), so that results are easy to compare unbiased. This source of data is very important and is well appropriate for the project, but at the end check and verify the results, looking for errors and odd results adds Moore (2006, p.139). However, qualitative research can also enhance the rigour and credibility of quantitative research. Qualitative research is founded on the belief that social phenomenon (belief and experiences) can be explained with reference to the wider contexts of lived lives adds Burns (2008, p.231). He adopts the stance that people have knowledge of their own lives and that they can talk about those. Questionnaire and Interview Design: There are two types of interviews, which are classified according to the degree of flexibility. One is unstructured and the second one is structured. The strength of unstructured interview is the almost complete freedom they provide in terms of content and structure. You may formulate questions and raise issues on the spur of the moment, depending upon what occurs to you in the context of the discussion explains Kumar (2005, p.123). A structured interview, continues Kumar (2005, p.126), is when the researcher asks a predetermined set of questions, using the same wording and order of questions, using the same wording and order of questions as specified in the interview schedule is a written list of questions, open ended or close ended, prepared for use by an interviewer in a person to person interaction. In this project, there will be structured interviews with open ended questions, because there are only 20 questions to gain the information needed for the project. This means that the research methods for this project are qualitative. Summary: Basically methodology is the rationale for the particular methods the researcher uses in the research to gather the needed information. For this report, author will obtain information from these methods primary Findings Chapter: 5 Research Findings Findings Introduction: Findings: Demographic profile of respondents: Source: mintel 2007 Table one show the results of the respondents demographic and dining profiles. Among the 284 valid respondents, females accounted for 52.5% of diners. The average respondent was 37 years old. The majority of respondents were Caucasian (60.2%), followed by Asian (32%) and other (7.8%). Respondents were most likely to go to a Chinese restaurant with their family (47.6%), followed by friends (27.1%) and relatives (15.2%) and were less likely to dine with business colleagues (2.1%) or by themselves (4.6%). The above customer profile information indicates that the majority of Chinese restaurant customers are Caucasian, and the main reason for dining at Chinese restaurants is social occasions (family and friends). These results are consistent with findings of national Restaurant Association (2000a,b), which revealed that Chinese cuisine represents basic family appeal and attracts almost all consumers (Mills, 2000). Importance of Chinese restaurant attributes: Rank Attributes Mean Std.dev 1 2 3 4 5 Food taste Food safety Food freshness Environmental cleanliness Appropriate food temperature 6.64 6.58 6.55 6.43 6.33 .62 .84 .75 .86 91 Source: mintel 2007 Table 2 reports the attribute importance ranks and scores. Except music, all other attribute have average scores above four, indicating that these attributes are important when customers select a Chinese restaurant. The five most important attributes were taste, food safety, food freshness, environmental cleanliness and appropriate food temperature. These rankings show the salient positions of food quality and environmental sanitation in customers decision-making regarding Chinese restaurants. The five least important attributes were healthy food options, atmospheric, lighting, interior design and decor, and music atmospheric attributes account for four of the five least important factors, indicating that customers do not expect much from the dining environment in Chinese restaurants. However, it is important to keep in mind that the IPA approach identifies relative, rather than absolute, levels of importance. Therefore, when explaining the results of importance ranking, one should not conclude that the dining environment is not important to customers seeking a Chinese restaurant. These attributes are simply less important when compared to other restaurant attributes (i.e. food, service and price). Performance of restaurant attributes for surveyed Chinese restaurant: Rank Attributes Mean Std. dev 1 2 3 4 5 Accurate guest check Food freshness Food taste Prompt service Demand and consistent service 6.15 6.04 6.01 5.96 5.94 .96 2.26 .93 1.08 1.01 The attribute performance ranks and scores are listed in table 3. The mean score of the overall performance was 5.71, indicating that Chinese restaurant as a whole did well in terms of performance. The top five attributes were accurate guest check food freshness, taste, prompt service, and dependable and consistent service. These rankings show that Chinese restaurants provide good taste and satisfying service quality. The lowest five attributes were aroma, lighting, healthy food options, interior design and music. Most of these are atmospherics related attributes, indicating that there is still room for Chinese restaurants to improve their dining environments. Analysis Chapter: 6 Research Analysis  Ãƒâ€šÃ‚   Self Reflection Analysis: An Introduction DISUSSION, IMPLICATIONS, CONCLUSIONS The IPA highlights two main findings. First, environmental cleanliness and attentive service are two key areas where improvement efforts should be made by Indian restaurants. Based on the three factor theory of satisfaction, environment and food sanitation may play the role of basic factors (dissatisfier s) in affecting customer satisfaction in Indian restaurants. Failures to meet customer basic cleanliness expectations can result in immediate dissatisfaction and the lost of customer. Thus, Indian restaurant managers should pay special attention to the hygienic conditions of the restaurant, which include not only the cleanliness of the dining area but also of waiting areas and restrooms. Attentive service requires employees to be sensitive to customers individual needs rather than rigidly following fixed policies and procedures (Stevens et al. 2005).To create satisfied customers and repeat patronage, employees should be trained to be attentive to service details and take care of cust omer personal and sometimes trivial requests. Second, food taste and service reliability appear to be the cornerstone factors in customer satisfaction. Among the top ten important restaurant attributes, three of them food related attributes, including taste, food freshness and appropriate food temperature. The three service reliability related attributes were serving food as ordered. Accurate guest check and dependable and consistent service. All six attributes were located in the 2keep up the work2 quadrant indicating that cutomers evaluate Chinese restaurant performances highly on food taste and service reliability. Chinese restaurant should keep up this good performance to maintain their core competency. One noticeable phenomenon in our ipa matrixwas that almost all the atmosphere related attributes were poisoned in the lower priority quadrant. On the one hand this result indicates that customers do not expect much from dining environment when choosing Chinese restaurant. On the other hand the lower priorty quadrant does not necessarily signal that these attributes are unimportant. Atmosphere related attributes may play the role of excitement factor are typically unexpected by the customers, they can more easily generate customer. Satisfaction than the basic factors and performance factors. Therefore, when financial resources are sufficient, Chinese restaurants should improve their interior environment quality and create more favourable dining atmosphere. In particular, they should not ignore the effect of environmental authenticity when designing or decorating a Chinese restaurant. Many customers regard the dining experience in a ethic restaurant as a good opportunity to get to know foreign culture and customs. Chinese restaurant should use various unique Chinese style elements such as a palace lanterns, changes brush drawing and classic music to generate customers interest to explore the restaurant environment and to improve their perception of the overall dining experience. Although healthy options and food authenticity were both located in the low priority quadrant they should be regarded as potential sources of Chinese restaurant to generate new market share. According to Nar 2000 survey todays food trend in the us tend to fall into two categories hot and spicy ethnic cuisine and healthy alternatives. For those Chinese restaurant possessing sufficient financial resources and customer capacity, they could consider developing lower fat items and vegetarian entrees to attract healthy cuisine seekers and vegetarians. For those restaurants that have a relatively high percentage of both Chinese customers and non Chinese customers, they could offer different menus to meet customers distinct requirement for food authenticity. The results of subsequent regression analysis were generally consistent with the main findings of the IPA. Food quality, service quality, atmosphere, authenticity and price were all found to be important contributors to customers satisfaction and behavioural intensions in Chinese restaurant. More specifically, food related attributes explained 46.9% of variance in satisfaction and 47.5% of variance in behavioural intentions. The relatively high values confirmed the key role of food quality for the success of Chinese restaurants. Chapter 9 Self reflection Self Reflection: I think I get another chance to make this project I would have specially taken care of time management because I think in this project I was a bad time manager, I didnt manage my time well enough, left everything for last. Another point is the interviews; I would have taken 2-3 interviews if I would have got another chance, in this project I just took one interview all because of bad time management. I didnt distribute as much questionnaire as I could have. I would keep in mind for the next time. There was lot of pressure on me with lots of assignments at one time. So the ultimate point is that time management is very necessary. But this was the first research project of my life and I learnt lots of new things like taking an interview, how to go with the research flow and many more things. Conclusion Chapter: 8 Conclusions Conclusion Conclusion and Recommendation: This study investigated American customer perceptions of Chinese restaurant and the key restaurant attributes affecting customer satisfaction and behavioural intention. Considering both IPA results, which are descriptive in nature, and regression results, which are statistical in nature, this study provides a more comprehensive picture for Chinese restaurant practitioners to improve service qualities. The findings of the study suggested that food quality, service reliability and environmental cleanliness were prerequisites when customer chose a Chinese restaurant. Food quality (especially taste) and service quality (especially service reliability) were the key attributes for Chinese restaurants success. Dining atmosphere, food authenticity and fair price were also significant contributors to customer satisfaction and behavioural intention. Chinese restaurant managers should reasonably allocate companies resources based on the importance level of each attribute. The results of this study are not without limitations. One main limitation of the study is that the data was collected in only one mid-western town in the U.S. Thus, generalisation of the research findings is not warranted. To ensure external validity, a more comprehensive sample across a diverse geography is needed in future research. In addition, to measure behavioural intentions we used three items, one measuring recommendation and positive word of mouth. Even though many other studies used the same items, these three items alone may not represent the whole picture regarding behavioural intentions, which may cause a content validity problem. Another limitation is that the results in the study should be explained with caution. Previous studies have indicated that at least two assumptions might be questionable: (i) attribute performance and importances are not independent variables. Attribute importance can be interpreted as a function of performance. This condition may influence the attribute distribution pattern in the grid, thus partly influencing managerial recommendations: (ii) the relationship between attribute performance and overall satisfaction might be asymmetrical (Matzler and Sauerwein, 2002; Matzler et al., 2004). If that is the case; the importance of basic factors tends to be overestimated, whereas the importance of excitement factors tends to be underestimated (Vavra, 1997). In order to set the right priorities for customer satisfaction management, any explanation of results should be backed up with regression results, as we did in this study. Finally, as mentioned before, one of the three restaurants where data was collected did not play any background music during the survey period. This may affect the results of the perceived importance and performance of music in Chinese restaurants. Future research is needed to determine whether music plays an important role in influencing customer satisfaction and behavioural intention.

Short Story - 1270 Words

As usual she was lying on her bed watching time tick by, hour by hour, minute by minute, second by second. She did not like changes in her routine; she needed things to be just as they were. The ball of wool on the table had to be exactly 5cm away from the lamp, the bed linen needed to be colour co-ordinated and symmetrical and the books on the shelf had to be arranged in alphabetical order. A sudden screeching howl from outside threw off her concentration. â€Å"Oh my, what mongrel could that be at this hour of the day?† she screams out. She begrudgingly shuffles towards the window to determine what wretched being had disturbed her. As the sun rises from the horizon she shivers and pulls her coat closer to her body as the warmth of the sun†¦show more content†¦The orchestral music starts and I talk a deep breath as my father clasps his arm around me. All of the guests were here and Ralph was waiting for me at the altar. Dad walked me to the end of the aisle where Ral ph was waiting. I was so nervous that I noticed the babies’ breath in my bouquet shaking. I wasn’t sure why I was shaking so much, but my father had noticed what was happening to me. He leaned down and whispered in my ear, â€Å"He is promising you a forever; in a world where life is temporary, what more could you want?† I forced a smile, but my hands were icy cold and trembling. The voice of the priest became muffled. I had a hard time concentrating. I heard bits and pieces from the ceremony something about ‘compromising our life for each other’, ‘always thinking about the others happiness’ and about how ‘marriage is not about getting what you want all the time’ and the usual. Suddenly Ralph says â€Å"I do†. I hold my breath and close my eyes. I could feel everyone’s eyes on me as the waited in great anticipation for my answer. â€Å"I do.† As we lean in to kiss, I hear my mother wailing and blowing her nose like an elephant. Thank the lords I get away from her; from TOMORROW on I’ll do exactly what I want to do. â€Å"Okay girlfriend, you just need to take a deep breath and caaaalm down. It’s just one interview, if you screw up who cares, there are plenty of other company’s out there which I’m sure would love to have you.† Urgh, I hate it when my best friend doesShow MoreRelatedshort story1018 Words   |  5 Pagesï » ¿Short Stories:  Ã‚  Characteristics †¢Short  - Can usually be read in one sitting. †¢Concise:  Ã‚  Information offered in the story is relevant to the tale being told.  Ã‚  This is unlike a novel, where the story can diverge from the main plot †¢Usually tries to leave behind a  single impression  or effect.  Ã‚  Usually, though not always built around one character, place, idea, or act. †¢Because they are concise, writers depend on the reader bringing  personal experiences  and  prior knowledge  to the story. Four MajorRead MoreThe Short Stories Ideas For Writing A Short Story Essay1097 Words   |  5 Pageswriting a short story. Many a time, writers run out of these short story ideas upon exhausting their sources of short story ideas. If you are one of these writers, who have run out of short story ideas, and the deadline you have for coming up with a short story is running out, the short story writing prompts below will surely help you. Additionally, if you are being tormented by the blank Microsoft Word document staring at you because you are not able to come up with the best short story idea, youRead MoreShort Story1804 Words   |  8 PagesShort story: Definition and History. A  short story  like any other term does not have only one definition, it has many definitions, but all of them are similar in a general idea. According to The World Book Encyclopedia (1994, Vol. 12, L-354), â€Å"the short story is a short work of fiction that usually centers around a single incident. Because of its shorter length, the characters and situations are fewer and less complicated than those of a novel.† In the Cambridge Advanced Learner’s DictionaryRead MoreShort Stories648 Words   |  3 Pageswhat the title to the short story is. The short story theme I am going conduct on is â€Å"The Secret Life of Walter Mitty’ by James Thurber (1973). In this short story the literary elements being used is plot and symbols and the theme being full of distractions and disruption. The narrator is giving a third person point of view in sharing the thoughts of the characters. Walter Mitty the daydreamer is very humorous in the different plots of his dr ifting off. In the start of the story the plot, symbols,Read MoreShort Stories1125 Words   |  5 PagesThe themes of short stories are often relevant to real life? To what extent do you agree with this view? In the short stories â€Å"Miss Brill† and â€Å"Frau Brechenmacher attends a wedding† written by Katherine Mansfield, the themes which are relevant to real life in Miss Brill are isolation and appearance versus reality. Likewise Frau Brechenmacher suffers through isolation throughout the story and also male dominance is one of the major themes that are highlighted in the story. These themes areRead MoreShort Story and People1473 Words   |  6 Pagesï » ¿Title: Story Of An Hour Author: Kate Chopin I. On The Elements / Literary Concepts The short story Story Of An Hour is all about the series of emotions that the protagonist, Mrs. Mallard showed to the readers. With the kind of plot of this short story, it actually refers to the moments that Mrs. Mallard knew that all this time, her husband was alive. For the symbol, I like the title of this short story because it actually symbolizes the time where Mrs. Mallard died with joy. And with thatRead MoreShort Story Essay1294 Words   |  6 PagesA short story concentrates on creating a single dynamic effect and is limited in character and situation. It is a language of maximum yet economical effect. Every word must do a job, sometimes several jobs. Short stories are filled with numerous language and sound devices. These language and sound devices create a stronger image of the scenario or the characters within the text, which contribute to the overall pre-designed effect.As it is shown in the metaphor lipstick bleeding gently in CinnamonRead MoreRacism in the Short Stor ies1837 Words   |  7 PagesOften we read stories that tell stories of mixing the grouping may not always be what is legal or what people consider moral at the time. The things that you can learn from someone who is not like you is amazing if people took the time to consider this before judging someone the world as we know it would be a completely different place. The notion to overlook someone because they are not the same race, gender, creed, religion seems to be the way of the world for a long time. Racism is so prevalentRead MoreThe Idol Short Story1728 Words   |  7 PagesThe short stories â€Å"The Idol† by Adolfo Bioy Casares and â€Å"Axolotl† by Julio Cortà ¡zar address the notion of obsession, and the resulting harm that can come from it. Like all addictions, obsession makes one feel overwhelmed, as a single thought comes to continuously intruding our mind, causing the individual to not be able to ignore these thoughts. In â€Å"Axolotl†, the narr ator is drawn upon the axolotls at the Jardin des Plantes aquarium and his fascination towards the axolotls becomes an obsession. InRead MoreGothic Short Story1447 Words   |  6 Pages The End. In the short story, â€Å"Emma Barrett,† the reader follows a search party group searching for a missing girl named Emma deep in a forest in Oregon. The story follows through first person narration by a group member named Holden. This story would be considered a gothic short story because of its use of setting, theme, symbolism, and literary devices used to portray the horror of a missing six-year-old girl. Plot is the literal chronological development of the story, the sequence of events Short Story - 1270 Words Derek waved him off. â€Å"Yeah, whatever. You want to be your wife’s servant and make sure she doesn’t have to do anything around this place. And it’s all to prove that I’m some kind of monster for doing what every other fucking guy in this country is doing.† â€Å"As usual, you’re wrong, Derek. I don’t give a shit about proving you’re a monster. I know doing the same thing as everyone else doesn’t make you a monster. It makes you just like every other guy. So, congratulations, you’re a typical guy. Now don’t you feel great about yourself?† â€Å"Yeah, Evan. Best news Ive had in a while.† Derek looked at Evan with his head tilted. â€Å"So, what are you planning then?† Evan shrugged. â€Å"You want to know? Its not going to make any difference with the Family†¦show more content†¦We have rights by virtue of being born human. The government has the power to violate our rights and they do with women, but they cant say women dont have them.† After a pause, Tommy interjected. â€Å"Evan, I see what youre saying, but what difference does it make as a practical matter? If women have rights†¦Ã¢â‚¬  Evan couldnt let him get away with that. â€Å"Not ‘if.’ They do have rights.† â€Å"Okay. With the government ignoring their rights, its as if they dont have them. So, what possible good can you do teaching Mel the truth? You can make that true in the house, but not when she sets foot out there.† Tommy waved his hand on the direction of the front door. â€Å"Shes going to be treated like she doesnt have them.† â€Å"So what?† Evan asked. â€Å"Isn’t it obvious? If you go through with this, youre going to set her up to have false expectations. Doesnt sound like a nice thing to do.† â€Å"You must think Im as dumb as Derek thinks I am.† â€Å"I didnt say that,† Tommy said, as Derek went to the fridge and looked inside. â€Å"No, but you somehow think that Im not going to teach her about what happens out there. Shell know the difference between in here and out there. Trust me.† â€Å"Then, youre going to teach her to hate the country instead?† â€Å"No, but if she comes to that idea on her own, then so be it.† Derek slammed the fridge door shut. â€Å"You work for the U.S. and you want her to hate it? Are you listening to yourself?† â€Å"Every word of it,† Evan said, smiling atShow MoreRelatedshort story1018 Words   |  5 Pagesï » ¿Short Stories:  Ã‚  Characteristics †¢Short  - Can usually be read in one sitting. †¢Concise:  Ã‚  Information offered in the story is relevant to the tale being told.  Ã‚  This is unlike a novel, where the story can diverge from the main plot †¢Usually tries to leave behind a  single impression  or effect.  Ã‚  Usually, though not always built around one character, place, idea, or act. †¢Because they are concise, writers depend on the reader bringing  personal experiences  and  prior knowledge  to the story. Four MajorRead MoreThe Short Stories Ideas For Writing A Short Story Essay1097 Words   |  5 Pageswriting a short story. Many a time, writers run out of these short story ideas upon exhausting their sources of short story ideas. If you are one of these writers, who have run out of short story ideas, and the deadline you have for coming up with a short story is running out, the short story writing prompts below will surely help you. Additionally, if you are being tormented by the blank Microsoft Word document staring at you because you are not able to come up with the best short story idea, youRead MoreShort Story1804 Words   |  8 PagesShort story: Definition and History. A  short story  like any other term does not have only one definition, it has many definitions, but all of them are similar in a general idea. According to The World Book Encyclopedia (1994, Vol. 12, L-354), â€Å"the short story is a short work of fiction that usually centers around a single incident. Because of its shorter length, the characters and situations are fewer and less complicated than those of a novel.† In the Cambridge Advanced Learner’s DictionaryRead MoreShort Stories648 Words   |  3 Pageswhat the title to the short story is. The short story theme I am going conduct on is â€Å"The Secret Life of Walter Mitty’ by James Thurber (1973). In this short story the literary elements being used is plot and symbols and the theme being full of distractions and disruption. The narrator is giving a third person point of view in sharing the thoughts of the characters. Walter Mitty the daydreamer is very humorous in the different plots of his dr ifting off. In the start of the story the plot, symbols,Read MoreShort Stories1125 Words   |  5 PagesThe themes of short stories are often relevant to real life? To what extent do you agree with this view? In the short stories â€Å"Miss Brill† and â€Å"Frau Brechenmacher attends a wedding† written by Katherine Mansfield, the themes which are relevant to real life in Miss Brill are isolation and appearance versus reality. Likewise Frau Brechenmacher suffers through isolation throughout the story and also male dominance is one of the major themes that are highlighted in the story. These themes areRead MoreShort Story and People1473 Words   |  6 Pagesï » ¿Title: Story Of An Hour Author: Kate Chopin I. On The Elements / Literary Concepts The short story Story Of An Hour is all about the series of emotions that the protagonist, Mrs. Mallard showed to the readers. With the kind of plot of this short story, it actually refers to the moments that Mrs. Mallard knew that all this time, her husband was alive. For the symbol, I like the title of this short story because it actually symbolizes the time where Mrs. Mallard died with joy. And with thatRead MoreShort Story Essay1294 Words   |  6 PagesA short story concentrates on creating a single dynamic effect and is limited in character and situation. It is a language of maximum yet economical effect. Every word must do a job, sometimes several jobs. Short stories are filled with numerous language and sound devices. These language and sound devices create a stronger image of the scenario or the characters within the text, which contribute to the overall pre-designed effect.As it is shown in the metaphor lipstick bleeding gently in CinnamonRead MoreRacism in the Short Stor ies1837 Words   |  7 PagesOften we read stories that tell stories of mixing the grouping may not always be what is legal or what people consider moral at the time. The things that you can learn from someone who is not like you is amazing if people took the time to consider this before judging someone the world as we know it would be a completely different place. The notion to overlook someone because they are not the same race, gender, creed, religion seems to be the way of the world for a long time. Racism is so prevalentRead MoreThe Idol Short Story1728 Words   |  7 PagesThe short stories â€Å"The Idol† by Adolfo Bioy Casares and â€Å"Axolotl† by Julio Cortà ¡zar address the notion of obsession, and the resulting harm that can come from it. Like all addictions, obsession makes one feel overwhelmed, as a single thought comes to continuously intruding our mind, causing the individual to not be able to ignore these thoughts. In â€Å"Axolotl†, the narr ator is drawn upon the axolotls at the Jardin des Plantes aquarium and his fascination towards the axolotls becomes an obsession. InRead MoreGothic Short Story1447 Words   |  6 Pages The End. In the short story, â€Å"Emma Barrett,† the reader follows a search party group searching for a missing girl named Emma deep in a forest in Oregon. The story follows through first person narration by a group member named Holden. This story would be considered a gothic short story because of its use of setting, theme, symbolism, and literary devices used to portray the horror of a missing six-year-old girl. Plot is the literal chronological development of the story, the sequence of events

Indicators of Employees Motivation Free Essays

string(71) " or arbitration panel shall proceed to hear and determine the dispute\." |[pic] | |List  of  Members | | | |[pic] | |Functions  and  Independence | | | |[pic] | |Industrial  Relations | | | |[pic] | |Staff | | | |[pic] | Complaint  Form | | | |[pic] | |The  Labour  Act  2003,  (ACT  651) | | | |[pic] | |Regulations  of  the  NLC  Ã¢â‚¬â€œÃ‚  NATIONAL  LABO| |UR  COMMISSION  (NLC) | | | |[pic] | |List  of  Mediators | | | |[pic] | Code  of  Conduct | | | |[pic] | |Inuagural  Address | | | |[pic] | |Picture  Gallery | | | |[pic] | |Annual  Report | | | |[pic] | |List  of  Members | | | |[pic] | |Functions  and  Independence | | |[pic] | |Industrial  Relations | | | |[pic] | |Staff | | | |[pic] | |Complaint  Form | | | |[pic] | |The  Labour  Act  2003,  (ACT  651) | | | |[pic] | Regulations  of  the  NLC  Ã¢â‚¬â€œÃ‚  NATIONAL  LABO| |UR  COMMISSION  (NLC) | | | |[pic] | |List  of  Mediators | | | |[pic] | |Code  of  Conduct | | | |[pic] | |Inuagural  Address | | | |[pic] | |Picture  Gallery | | | |[pic] | |Annual  Report | | | Top of Form [pic] [pi|[pic] |[pi| |c] |[pic] |c] | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | | | | |[pic] | | | |   | | | |[pic]November 13, 2011November 09, 2011 | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |[pic] | | | | | | | | | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |   | | | |[pic] | | | | | | | | | | |[pic] | | | | | | | |Website Design: CON-IMEDIA | | | |[pic] | | | | | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pi c] | | | | | | | |   | | | | | | | |   | | | |[pic] | | | | | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | |[pic] | | | | | | | |[pic] | | | | | | | |Website Design: CON-IMEDIA | | | | | | | | | | | | | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |   | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | |[pic] | | | | | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | | | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | |[pic] | | | | | | | |   | | | | | | | |   | | | | | | | |   | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |NATIONAL LA BOUR COMMISSION REGULATIONS, 2006 L. I. 1822 | | | |  IN exercise of the powers conferred on the Commission under section 152 of the Labour Act, 2003 (Act 651) these Regulations are made this 1st day of February, 2006. We will write a custom essay sample on Indicators of Employees Motivation or any similar topic only for you Order Now | | | |   | | | |   Negotiation procedures | | | |   | | | |Negotiation in good faith. | | | |1. Parties to an industrial dispute shall negotiate in good faith in the first instance to resolve the dispute in accordance with the dispute settlement procedures established in their respective Collective Agreements or Contracts of Employment. | | | |   | | | |Time for concluding negotiations. | | | |The Negotiation shall be concluded within seven working days after the occurrence of the dispute. | | | |   | | | |3. Records of Negotiation Process. | | | |The parties shall keep written records of the negotiation process and outcome signed by both parties. | | |Where the parties cannot agree to sign a consensus record together, each party may present its own record duly signed. | | | |   | | | |Failure to resolve dispute by Negotiation. | | | |4. If the dispute remains unresolved after seven working days, either party shall refer it to the Commission for the appointment of a mediator. | | | |   | | | |Failure to exhaust procedures in Collective Agreement. | | |Where the Commis sion is satisfied that the parties have not exhausted the procedures established in the Collective Agreement or have not agreed to waive those procedures, the Commission shall order the parties to comply with those procedures within the time as determined by | | | |the Commission. | | | |   | | | |   Mediation procedures | | | |   | | | |Complaint to be in writing. | | | |The Complainant shall submit a written complaint to the Commission or complete Form ‘A’ (Complainant Form) specified in the Schedule to the Regulations and submit it to the Commission. | | |   | | | |Time within which to respond to Complaint. | | | |(1) The Commission shall within three (3) working days serve the other party with a copy of the complaint and request the other party to the dispute to respond to the complaint in writing within fourteen (14) working days of the receipt of the Commission’s request. | | | |(2) Where a party to a dispute fails to respond to the request of the Commission   Ã‚  within the stipulated period of fourteen working days, the Commission shall send a final notice to the party concerned to respond within a further seven working days after which the Commission | | | |shall proceed to determine the case. | | |Choice of Mediator | | | |After receipt of the response in regulation 7, the Commission shall provide both parties the list of mediators for the parties to make a selection of a mediator or mediators. | | | |Appointment of Mediator | | | |The Commission shall appoint the mediator or mediators jointly chosen by the parties to mediate in the dispute. | | | |Failure to agree on choice of mediator | | | |Where the parties to a dispute fail to agree on a choice of mediator the Commission shall, within two (2) working days, appoint a mediator or mediators as the case may be to mediate the dispute. | | |   | | | |Time within which to conclude mediation | | | |The mediation shall be concluded within fourteen days after the date o f appointment of the mediator. | | | |   | | | |Dispute settled through mediation | | | |(1) Where at the end of the mediation there is a settlement of the dispute, the terms of settlement shall be recorded and signed by the mediator and the parties to the dispute. | | |   | | | |(2) A copy of the signed terms of settlement shall be lodged with the  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Commission. | | | |   | | | |Binding Settlement | | | |The settlement referred to in regulation 12 shall be binding on the parties. | | | |   | | | |Duty to cooperate in mediation efforts | | | |The parties to the mediation process shall cooperate in the mediation efforts. | | |   | | | |Failure to settle through mediation | | | |Where there is no settlement at the end of the mediation process the mediator shall immediately declare the dispute as unresolved and refer the dispute to the Commission within three days for Voluntary Arbitration. | | | |Conflict of interest. | | | |A mediator shall disc lose in writing, any interest whatsoever nature in a dispute referred for mediation. | | | |Upon consideration of such interest by the Commission, the mediator may be changed unless the parties to the dispute consent in writing to retain the mediator. | | |   Voluntary arbitration | | | |   | | | |Reference to voluntary arbitration | | | |Where a dispute is referred to the Commission under regulation 15, the Commission shall with the consent of the parties refer the dispute to an arbitrator or an arbitration panel for voluntary arbitration. | | | |   | | | |Failure to agree on choice of arbitrator | | | |Where the parties to a voluntary arbitration fail to agree on the appointment of an arbitrator or an arbitration panel, the Commission shall, within three working days, appoint an arbitrator or arbitration panel. | | | |Disclosure of interest. | | |An arbitrator shall disclose in writing, any interest whatsoever nature the arbitrator may have in a dispute referred for volunt ary arbitration. | | | |Upon consideration of such interest by the Commission, the arbitrator may be changed unless the parties to the dispute consent in writing to waive this option. | | | |Time within which to submit statement of issues or questions in dispute | | | |Within three (3) working days after the appointment of an arbitrator or arbitration panel, the parties to an industrial dispute shall submit to the arbitrator in writing a statement of the issues or questions in dispute signed by one or more of the parties or their | | | |representatives. | | |   | | | |Failure or refusal to sign a statement of issues or questions in a dispute. | | | |Where a party to a dispute fails or refuses to sign a statement as required in regulation 20, the statement may be submitted without that party’s signature. | | | |A statement pursuant to sub-regulation (1) shall state that the other party has failed or refused to sign the statement and the Commission shall authorize the arbitra tor to proceed with the arbitration despite the fact that only one party has signed the statement of the issue. | | | |Failure to appear before an arbitrator | | |If any party fails to appear before the arbitrator or arbitration panel after the expiration of seven (7) working days after being notified, the arbitrator or arbitration panel shall proceed to hear and determine the dispute. You read "Indicators of Employees Motivation" in category "Papers" | | | |   | | | |Time within which to conclude voluntary arbitration | | | |The voluntary arbitration process shall be concluded within fourteen (14) working days from the date of appointment of the arbitrator or arbitration panel or within the extra time determined by the Commission. | | |   | | | |Voluntary Arbitration award binding | | | |The decision of the arbitrator or a majority of the arbitrators shall be binding on all the parties. | | | |Arbitration award to be communicated | | | |   | | | |The arbitrator or arbitrati on panel shall within seven working days of the last sitting make an award and communicate the award to the parties and the Commission within seventy-two hours. | | |   Compulsory arbitration | | | |   | | | |  Ã‚  Ã‚  Ã‚  Ã‚   Compulsory arbitration by the Commission | | | |If a dispute remains unresolved within seven (7) working days after the commencement of a strike or lock out, the dispute shall be settled by compulsory arbitration by the Commission. | | | |   | | | |Content of notice to be served by the Commission | | | |27 (1) Where a dispute is referred to the Commission under Clause 26, the Commission shall serve a notice on the parties; | | | |   | | | |(a)   stating what in its opinion the unresolved issues are between the parties and | | | |   | | | |(b)   asking the parties whether they agree to those issues | | | |   | | | |  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   (2)   the parties shall respond within three (3) working days. | | | |   | | | |Composition of Compulsory Arbitration Panel | | | |28. A compulsory arbitration shall comprise three members of the Commission, one member each representing Government, Organized Labour and Employers Organization. | | | |   | | | |Time within which to conclude compulsory arbitration | | | |The compulsory arbitration process shall be concluded within fourteen (14) working days after service of the notice in regulation 27. | | | |   | | | |Compulsory Arbitration Award binding | | | |The award of the majority of the arbitrators in a compulsory arbitration shall be binding on the parties. | | |   | | | |Publication of compulsory arbitration award in Gazette | | | |A compulsory arbitration award shall immediately on completion, be published in the Gazette and other state media by the Commission and copies shall be given to the parties to the dispute. | | | |   | | | |Appeals against compulsory arbitration award | | | |Appeals against a compulsory arbitration award shall lie to the Court of Appeal on questions of law only within seven (7) working days after the publication of the award under regulation 31. | | |   | | | |Summary settlement of dispute by the Commission. | | | |(1). After the receipt of a complaint in accordance with regulation 6 and a response to the complaint in accordance with Clause 7, the Commission may, after giving the parties to the dispute the right to be heard, settle the dispute summarily without recourse to mediation or | | | |arbitration. | | | |   | | | |(2). Where a party to a dispute fails to respond to a complaint in accordance with regulation 7, the Commission may determine the complaint without recourse to that party and the decision of the Commission shall be binding on the parties to the dispute. | | |   | | | |(3)   The Commission may re-open a dispute which has been determined under sub-regulation (2) if a party to the dispute on application within fourteen working days after the determination of the case provides reasonable explanation for the failure to respond to the complaint. | | | |Procedures for resolving disputes from essential services | | | |   | | | |  Ã‚  Ã‚  Ã‚  Ã‚   Dispute Resolution in Essential Services | | | |Parties to an industrial dispute in essential services shall endeavour to settle the dispute within three (3) days after the occurrence of the dispute by negotiation. | | |   | | | |Referral to the Commission after failure to resolve dispute | | | |If the dispute remains unresolved after the expiration of the three (3) days referred to in regulation 34, the parties shall within the next working day refer the dispute to the Commission for settlement by compulsory arbitration. | | | |   | | | |Compulsory arbitration by the Commission | | | |The Commission shall, not later than three (3) working days after the dispute has been referred to it, constitute a compulsory arbitration panel to settle the dispute by compulsory arbitration within fourteen working days. | | |   Strikes and lockout procedures | | | |  Ã‚  Ã‚  Ã‚  Ã‚   | | | |  Ã‚  Ã‚  Ã‚  Ã‚   Notice of intention to strike or lockout | | | |Where | | | |  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   (a) the parties fail to agree to refer a dispute for voluntary arbitration, or   | | | |(b) a dispute remains unresolved at the end of the arbitration proceedings, either party intending to take a strike action or lockout, shall give written notice of the intended action to the other party and the Commission shall, within seven (7) working days after the failure | | | |of the parties to agree to refer the dispute to another arbitration, terminate the arbitration proceedings. | | |   | | | |Time within which strike or lockout action can be undertaken | | | |Strike action or lockout may be undertaken after the expiration of seven (7) working days from the date of the notice referred to in regulation 37 and not at anytime before the expiration of that period. | | | |  Effective date of notice of strike or lockout | | | |The sev en (7) working days referred in regulation 38 shall begin to run from the date of receipt of the notice by the Commission. | | |   | | | |Prohibition of strike or lockout in respect of essential services | | | |  An employer carrying on, or a worker engaged in an essential service shall not resort to a lockout or strike in connection with or in furtherance of an industrial dispute in which workers in the essential service are involved. | | | |   | | | |Cooling-off period | | | |A party to an industrial dispute shall not resort to a strike or lockout during the period when negotiation, mediation or arbitration proceedings are in progress. | | |   | | | |Procedures for maintaining a database of mediators and arbitrators and fees | | | |   | | | |  Ã‚  Ã‚  Ã‚  Ã‚   List of mediators and arbitrators | | | |The Commission shall maintain a list of industrial relations mediators or arbitrators who meet the criteria of the Commission. | | | |   | | | |Application to be li sted as mediator or arbitrator | | | |  A person who seeks to be listed as a mediator or arbitrator shall complete and submit an application form which may be obtained from the Commission. | | |   | | | |Mediators and Arbitrators not employees of Commission | | | |A person appointed as mediator or arbitrator of the Commission does not become employee of the Commission. | | | | | | | |Disqualified mediator or arbitrator | | | |A person appointed as a mediator or arbitrator is not qualified to serve in that capacity if the person has a financial or other interest in the undertaking or employers’ or workers’ organization involved in the dispute, unless the parties to the dispute agree to the | | | |appointment in writing despite the disclosure of the interest. | | |   | | | |Removal from the list of mediators and arbitrators | | | |A person   listed as a mediator or arbitrator may be removed from the list by the Commission on the grounds that the person; | | | |   | | | |(a)  Ã‚  Ã‚     no longer satisfies the criteria for admission | | | |   | | | |(b)   has been repeatedly or flagrantly delinquent in submitting reports to the Commission | | | |   | | | |(c)  Ã‚  Ã‚   has refused to make reasonable and periodic reports in a timely manner to the Commission concerning activities relating to mediation or arbitration. | | |   | | | |(d)   has been the subject of complaints by parties who use the services of the Commission after appropriate enquiry has established a just cause for cancellation, or | | | |   | | | |(e)  Ã‚  Ã‚   has died | | | |   | | | |Notice for removal of mediators and arbitrators | | |A mediator or arbitrator listed on the database may only be removed after thirty days notice. | | | |   | | | |Voluntary withdrawal from list of mediators or arbitrators. | | | |A person listed as a mediator and or arbitrator by the Commission may withdraw from the list at any time by giving the Commission thi rty (30) days notice in writing. | | | |   | | | |  Ã‚  Ã‚     Ã‚  49. Mediation and voluntary arbitration fees | | | |  Ã‚  Ã‚     Fees shall be in conformity with Government Consultancy rates obtained  from  the Ministry of Finance and Economic Planning. | | |   | | | |   | | | |  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   | | | |SCHEDULE | | | |(Regulation 6) | | | |NATIONAL LABOUR COMMISSION | | | |  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   COMPLAINT FORM A | | | |Complainant: †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã‚  Respondent: †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |Address: †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã‚  Address: †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã‚  Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã‚  Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |Contact No. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã‚  Contact No. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |  Date: †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 20†¦.. | | |  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   COMPLAINT | | | |  Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢ € ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚ ¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |Relief Sought†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ | | | |Signed: †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. | | | |  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  COMPLAINANT | | | |  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  JOSEPH A. 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Test Cases and Financial Services †Free Samples to Students

Question: Discuss about the Test Cases and Financial Services. Answer: Introduction The assumption under common law is that all parties are equal; however, circumstances arise under which one party may have a more dominant bargaining power and would use this to induce the other to enter the contract(Latimer, 2012, p. 388). A party that uses their superiority to pressure the other party into a contract exhibits harsh conduct which is against good conscience; this is unconscionable conduct also referred to as exploitation(ACCC, 2017). The following essay will outline the characteristics of this doctrine and its effects on the enforceability of any contract found to have been formed by unconscionable conduct. It will various cases in which courts have expressed the willingness to depart from the norm and challenge contractual dealings in the basis of unconscionability. Through this, it will be able to highlight the significance of this concept to contract law. Additionally, the paper will highlight legislative provisions in support of this concept and the effect of thi s law and equitable principles on banks and other institutions that would have superior bargaining power in transactions. The essay will also address the role of consumer advocates groups as well as any emerging issues in Australia that illustrate unconscionable conduct among vendors and other institutions. All in all, the essay aims to illuminate the concept of unconscionability, its effect on contracts and why it is an important principle to be considered. Unconscionability and its effect on contracts Unconscionability emerged as an equitable doctrine in which one party, considered more dominant in the contract, takes unfair advantage of the others vulnerability resulting in the subsequent transaction being in favour of the superior party at the expense of the other(Andrews, 2015, p. 287). Although similar to the doctrine of undue influence, this doctrine does not require that an established relationship exists between the parties. The origin of the doctrine at common law was to protect heirs as well as poor, ignorant and necessitous individuals from exploitation(Andrews, 2015, p. 311). Contracts found to have arisen from unconscionable conduct can be set aside; however as established recently in Evans v Lloyd (2013), certain factors must be established for a court to rescind a contract on these grounds. One of the earlier recognitions of this doctrine was in Lloyds Bank Ltd v Bundy (1975), where Lord Denning outlined that the principle of inequality of bargaining power had arisen in the case. He described it as where the claimant, in this case, had entered into a contract which consisted of unfair terms and was subsequently convinced to transfer property and a grossly low consideration due to his inferior bargaining power and undue influence from the other party(Virgo, 2015, pp. 278-79). In Australia, the doctrine is well developed, first based on common law principles and eventually on statute. In Blomely v Ryan (1956), the court refused to grant the claimant specific performance as it was discovered that firstly the defendant was old and suffered from serious effects of drinking. Additionally, the consideration offered was significantly inadequate. The court, in this case, relied on the characteristic that the contract placed the defendant at a clear disadvantage against the claim ant; as such the contract was set aside. Australian law, however, recognises Commercial Bank of Australia v Amadio (1983) as the key case establishing the equitable principle of unconscionability in the country. In this case, the defendants were an elderly Italian couple that had been residing in Australia for well over forty years. So as to support their sons development company, the couple took out a mortgage on their home so as to guarantee their sons loan with the bank in question. Unfortunately, the sons companys accounts had not been doing well despite him presenting otherwise. Shortly after the mortgage, the company went into liquidation and the bank sought payment from the Amadios as guarantors. When this was not forthcoming the bank sought to exercise its power of sale over their property. It is important to note that the couple were not fluent in English and had very little formal education and additionally knew nothing of business. Furthermore, prior to signing the agreement as guarantors, their son had made them believe that their liability was only $50,000 for six months. The majority of the trial judges believed that the couple had a great disadvantage against the bank based on these facts and as such that the transaction demonstrated unconscionable conduct and by the principles of equity the guarantee was set aside(Clarke, 2013). The position in CBA v Amadio (1983) has been reiterated in future cases; in one instance a claimant who had been infatuated with the respondent convinced her that she suffered from depression and that she would be served with an eviction which would trigger her to commit suicide; convinced, the respondent agreed that he buy her a house but in her name. However, when the relationship had come to its end years later, the claimant sought to recover the house and as such brought the matter before court for relief. The courts, both on trial and appeals, held that the claimant has created an environment that made the respondent vulnerable to his advantage and as such made her an emotional dependent; this amounted to unconscionable conduct and it would be unfair for him to recover the house(Louth v Diprose, 1992). More recently, in Kakavas v Crown Melbourne Ltd (2013), the claimant sought to recover over $20 Million which he had lost to gambling at the respondents casino in a span of eight months. Mr Kakavas claimed that the casino had taken advantage of his gambling problem arguing that this was a special disadvantage as per s 51AA of the Trade Practices Act (TPA) and later s 20 of the Australian Consumer Law (ACL) 2010. The courts denied his claim holding that, although the claimant did, in fact, have a gambling problem, he could not demonstrate that the institution had taken advantage of this, or knew of his, disadvantage(Bigwood, 2013, p. 467). He failed to demonstrate that Crown Melbourne Ltd was acting beyond the conduct expected of them. The aforementioned cases and many more, outline certain characteristics to consider in demonstrating unconscionable conduct before a court. According to Lord Hardwicke, unconscionable conduct involves the existence or presumption of fraud from the terms of a contract where one party appears vulnerable and the other employs unreasonable interest or extortion in taking advantage of the aforesaid vulnerability(Earl of Chesterfield v Janssen, 1751). At common law, there are three major factors to consider in identifying unconscionable conduct. Firstly, the vulnerable party must demonstrate a special disadvantage either based on age, gender, financial status, ignorance, foreign language, inexperience, illness among others; Blomely v Ryan (1956) also considered drunkenness. Secondly, the dominant party must be aware of this disadvantage and conduct themselves in a manner that unfairly uses it to their benefit(Latimer, 2012, p. 390); this was illustrated in Westpac Banking Corporation v Pat erson (2001). However, if the disadvantaged party is well aware of the possible consequences and does not demonstrate any vulnerability then the transaction will not be unconscionable. Where unconscionability is identified in a contract, the effect is to render it voidable at the option of the disadvantaged party, however, various remedies such as restitution, rescission claim for damages also exist(Gillies, 2004). Unconscionability has evolved from an equitable doctrine into a principle that is recognised under statute as well. The TPA 1974 and the ASIC 2001 sought to prohibit unconscionability on the basis of the equitable principles; the TPA 1974 prohibited corporations from dealing unconscionably under s 51AA and provided remedies to the same. These provisions adopted the common law standing and prohibited unconscionable conduct in finance, trade and commerce. Various territories have also adopted their own statutes which make provisions similar to those under the TPA 1974 to protect vulnerable parties from exploitation. However, the Australian Consumer Law 2010, sought to introduce consistency by introducing provisions that entrenched the doctrine into statute and also expanded it(Clarke, 2013). Under the ACL 2010 ss 21-22, the disadvantaged party may be either an individual or a small business; the conduct must also have occurred during a transaction of trade or commerce. Additionally, th e ACL 2010 introduced penalties for unconscionable conduct and outlined other remedies available to aggrieved parties such as injunctions, compensation orders among others(CCH Australia Limited, 2011). Institutions or corporations are usually taken to have superior bargaining power when engaging with customers or smaller organisations. This is especially true for banks which have been the subject of most cases brought for unconscionable conduct in court. The principle of unconscionability has been a thorn in their side as contracts have been set aside where judges believed that the other party was disadvantaged; this goes contrary to the basic principle of contract law that requires parties to perform the contract. Although previously a worry mostly to banks, the ACCC began pushing its reach into other industry sectors(Horrigan, 2002, p. 73). Additionally, the incorporation of the principle into statute saw an increased risk for commercial institutions as the scope and definition were expanded. Furthermore, the doctrine has led to reforms in the financial services sector through the Financial Services Act and other codes of practice which recognise unconscionability and provide pun itive measures for organisations found to be in breach. As such, banks and other organisations have to be cautious in their dealings lest they are found guilty of unconscionable conduct(ACCC, 2017). Recent developments, however, show that courts are willing to consider evidence brought forth by these organisations showing that they were merely acting in their ordinary cause of business in a claim of unconstitutionality(Corrs Chambers Westgarth, 2014). Consumer advocates groups such as Financial Consumer Rights Council (FCRC) Victoria are faced with a great task in ensuring the protection of vulnerable Australian consumers(FCRC, 2016). The main aim of these groups is to create awareness among consumers on their rights and responsibilities as well as possible avenues for recourse where these rights are infringed. In addition to providing information, consumer advocacy groups also play the role of monitoring trade and commerce practices and speaking out on behalf of the consumer where these practices infringe their rights. As such, with regard to unconscionability, these groups offer advice to vulnerable consumers and create a platform where aggrieved consumers can learn about possible measures for restitution or compensation. Additionally, they monitor commercial dealings so as to ensure institutions do not take advantage of the vulnerability of consumers for profit. They also play an advisory role to governments on areas that requi re regulation for the protection of consumers. As such, they are like a guard dog to protect consumers and also educate them on their rights from the more dominant bargaining power of institutions such as banks among others. This, in turn, keeps these organisations in check. Conclusion The discourse above has illuminated the concept of unconscionability in contract; it has looked into the definitions and characteristics employed by courts and other regulatory bodies tasked with protecting consumers. The essay analysed the development of the doctrine from common law principles, their adoption into Australian law and eventually the incorporation of the doctrine into statute. As highlighted, where a party is found to have taken advantage of anothers vulnerability to induce them to contract under unfair terms, the party may be found liable for unconscionable conduct. The effect of this is to render the contract voidable; the aggrieved party is entitled to various remedies including damages, restitution and injunctions either under the law of equity or statute. Additionally, the willingness of courts to uphold this doctrine and its subsequent enactment into statute has seen many banks and other institutions fall victim to legal proceedings. They have subsequently had to adopt a more cautious approach in their dealings so as to avoid being liable. However, consumers can rely on the law and the efforts of consumer advocates groups to ensure their rights are protected against the superior bargaining power of such institutions. Reference list ACCC, 2017. Unconscionable conduct. [Online] Available at: https://www.accc.gov.au/business/anti-competitive-behaviour/unconscionable-conduct [Accessed 4 May 2017]. Andrews, N., 2015. Contract Law. 2nd ed. Cambridge: CUP. Bigwood, R., 2013. Still curbing unconscionability: Kakavas in the High Court of Australia. Melbourne University Law Review, Volume 37, pp. 465-510. Blomely v Ryan (1956) 99 CLR 362. CCH Australia Limited, 2011. Australian Competiton and Consumer Legislation. s.l.:Wolters Kluwer. Clarke, J., 2013. Unconscionable Conduct. [Online] Available at: https://www.australiancontractlaw.com/law/unconscionable.html [Accessed 5 May 2017]. Commercial Bank of Australia v Amadio (1983) 151 CLR 447. Corrs Chambers Westgarth, 2014. Court of Appeal denies claim of unconscionability in circumstances where a bank followed its usual practices. [Online] Available at: https://www.corrs.com.au/publications/tgif/court-of-appeal-denies-claim-of-unconscionability-in-circumstances-where-a-bank-followed-its-usual-practices/ [Accessed 5 May 2017]. Earl of Chesterfield v Janssen (1751) 28 ER 82. Ewan v Lloyd (2013) EWHC 1725. Ewan, M. Qiao, L., 2015. Contract Law: Australian Edition. s.l.:Palgrave Macmillan. FCRC, 2016. Purpose. [Online] Available at: https://www.fcrc.org.au/About/About_FCRC.htm [Accessed 5 May 2017]. Gillies, P., 2004. Business Law. 12th ed. Sydney: The Federation Press. Horrigan, B., 2002. Unconscionability Breaks New Ground Avoiding and Litigating Unfair Client Conduct After the ACCC Test Cases and Financial Services Reforms. Deakin Law Review, 7(1), p. 73. Kakavas v Crown Melbourne Ltd (2013) HCA 25. Latimer, P., 2012. Australian Business Law. Sydney: CCH Australia Ltd. Lloyd's Bank Ltd v Bundy (1975) QB 326. Louth v Diprose (1992) 175 CLR 621. Virgo, G., 2015. The principles of the Law of Restitution. 3rd ed. Oxford: OUP. Westpac Banking Corporation v Paterson (2001) 187 ALR 168.