Land Property Rights

Land Property Rights A number of prominent cases concerning land and property rights, which have mainly involved women, have been addressed throughout the previous few decades. The above scenario states fundamental principles within the rule of law that have been raised in past cases. In consequence, this paper will be considering various different outcomes of important court decisions, along with the relevant Acts and law that accompany such proceedings. In the scenario, it appears that John, the trustee want to sell Fairview Cottage, however Mary, the beneficiary objects to this. Following this, considerations will be given to the given scenario, and what advice should be given in such circumstances. Land law recognises two forms of property ownership, which have been defined as legal ownership and beneficial or equitable ownership. Beneficial ownership concerns a persons right to live in and use the property, along with the right to any financial gains when the property is sold. The result of beneficial ownership can, therefore, significantly affect the sale of a property. The issues concerning beneficial interest were highlighted in Turton v. Turton (1988), during which the Court agreed on the notion that beneficial interests were dependent upon the intent of both parties when purchasing the property. In Walker v Hall (1988), LJ Nourse stated, â€Å"It must always be remembered that the basis on which the court proceeds is a common intention, usually to be inferred from the conduct of the parties; that the claimant is to have a beneficial interest in the house. In the common case, where the intention can be inferred only from the respective contributions, either initial or under a mortgage, to the cost of its acquisition, it is held that the house belongs to the parties beneficially in proportions corresponding to those contributions† (As quoted in Family Law Week, 2007). In order to establish a beneficial interest the claimant needs to prove â€Å"a resulting trust by showing that it would be inequitable for the legal owner to claim a sole beneficial ownership† (Privy-council.org.uk, 1999). A resulting trust is where ones share of the property is proportionate to their contribution made. It Arises due to the intention of the parties. In the case of Drake v Whipp (1995) 28 HLR 531, Peter Gibson LJ stated that it is crucial to distinguish between the different types of trusts. He argued that the distinction was of ‘crucial importance in deciding the size of the claiments size in terms of contributions made. The case of Bull v Bull [1955] 1 QB 234 shows the intention of the parties can be determined by the contribution made. In this case Lord Denning in the Court of Appeal stated that the share of the property should be ‘in his or hers respective contribution and also explains that each of the parties is entitled to the ‘possession of the land if they gave a respective contribution. Peter Gibson LJ in Curley v Parks [2004] EWCA Civ 1515 further explains that only contributions made at the time are relevant. Later contributions are not relevant for a resul ting trust. In this scenario, Mary has contributed 50% of the purchase price. The contributions were made with the intention of the property being used as a family home for the couple and their 3 children. Thus she has an equitable/beneficial interest under a resulting trust. It is also obvious that the contribution was made at the time of purchase, so a resulting trust will be applicable for Mary. Once its established somebody has a equitable/beneficial interest i.e a resulting trust, it is also important to note if they are in actual occupation, if so then their interests will be overriding. There is no stautory definition of what is meant by actual occupation. Actual occupation was defined by Lord Wilberforce in Williams Glyns Bank Ltd. v. Boland [1981] as ‘some physical presence with some degree of permanence. This was further confirmed by Lord Oliver in Abbey National Building Society v Cann and Another [1991] 1A.C. 56 where he further stated the emphasis on the degree of permanence. Lord Oliver also discussed when the claimant must be in actual occupation. He said ‘actual occupation required to support such an interest as a subsisting interest must exist at the date of completion of the transaction giving rise to the right to be registered. The House Of Lords also said that purchaser is bound by all overriding interests, thus giving more rights to the current occupier. The case of Ferrishurst Ltd v Wallcite Ltd [1991] further indicates the necessities for an overriding interest. Once an overriding interest is shown then he/she will have greater rights. In this scenario Mary ‘lives at Fairview Cottage which indicates that she lives there with a ‘degree of permanance. She also fulfils Lord Olivers criteria because she still lives at Fairview Cottage along with her children. Once actual occupation and beneficial interest are proven then a overriding interest will be present and Marys rights will be greater than any other persons. The Land Registration Act 1925 (LRA) confirms this, where it states. â€Å"The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and rights are not disclosed†. Another important topic to discuss is the issue of overreaching. In City of London v. Flegg (1988), the court ruled â€Å"that the Fleggs had no interest in the house once the payment had been paid to the Maxwell-Browns, since their interest had been overreached† (Todd, 1996). In this case, Mr and Mrs Flegg claimed a beneficial interest in the property by virtue of s.70(1)(g) of the LRA 1925. According to Todd (1996), this â€Å" decision would probably be different today, following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), because overreaching would no longer occur.† Now, overreaching would only occur where the money is paid to atleast two trustees. Overreaching doesnt occur where the money is only paid to 1 trustee as seen in Williams Glyns Bank Ltd. v. Boland (1981). This led to Lord Wilberforce making the following statement; ‘a husband or a wife (in each actual case a wife) who has a beneficial interest in the matrimonial home, by virtue of having contributed to its purchase price, but whose spouse is the legal registered owner, has an overriding interest binding on a mortgagee (Wilberforce, 1980. As quoted by Mary Rose Plummer, 2007). In this scenario it is possible a potential purchaser may be able to overreach Marys interest if money is paid to atleast two trustees. However, it is unlikely that Marys interests will be overreached as there is only 1 trustee i.e. John. The rights of an occupant are dependant upon their legal status in relation to both the ownership of the given property and the other party. Individuals that are either married or registered in a civil partnership, according to British law, are automatically entitled to occupancy rights. In consequence, even when a spouse is not mentioned in the title deeds, he or she still has a right to live in the matrimonial home, as stated by the Family Law Act 1996. S.30(1) (FLA) , where the spouse can occupy house if owned by other spouse. However, this right is dependant upon where a divorce or dissoluteness of a civil partnership doesnt occur. In consequence, therefore, a person who is not on the title deeds, does hold certain occupancy rights. S. 31(10)(a) FLA 1996 states that matrimonial home rights are minor interests. For a minor interest to be protected, it must be registered by entry on the register of a notice. A notice is defined by the LRA 2002. An entry of a notice will protect the interest from any subsequent purchasers. If a notice isnt registered then ones right/interest may become void. As the property is legally owned by her spouse, Mary has the right to occupy it. In order to occupy the house however, she must register this right, by submitting a notice on the register. . It can also be argued that her interest as a spouse is only a minor interest, in relation to this a minor interest must also be registered under S. 29 LRA 2002. If this interest is not registered then it will not be binding. In addition, not only is Mary physically present, but she also holds clear occupancy rights, which include the right to exclude all those who do not hold the same rights. Fairview Cottage is clearly a matrimonial home, which was bought with the intention of being inhabited by both spouses, along with any existing or future children, of whom all would have a beneficial interest within the property. The fact that Mary is married to John, that they have three children, and has an equitable interest in the property as that she contributed financially towards the purchase of the property is clearly in Marys favour as stated in Family Law Week 2007 where it said â€Å"If you are married or in a civil partnership, your spouse or civil partner cannot sell the family home without your permission, even if your name is not on the title deeds† In addition, when considering the circumstances outlined within the given scenario, it is evident that Mary and John bought the house as a matrimonial home in which they intended to raise their family. As the couple are still legally married the house is still the family home, so the intention is still ongoing. S.14 of TOLATA 1996 lets anybody who has any type of interest in trust property to make an application for sale. In practicality, Mary can apply to the court to prevent John selling the house, or John can apply for the court to grant permission for sale. Even a potential purchaser wishing to buy the house can apply. As outlined in TOLATA 1996, matters referring to determining an application in accordance with section 14 are dependent on are stated in S.15; S.15 (1)(a) The intention of the individuals in attaining the property. S.15 (1)(b) The purposes or reasons for purchasing the property. S.15 (1)(c) The welfare of legal occupants, including children. The intentions of John and Mary when purchasing Fairview Cottage, as this paper has clearly demonstrated, was to provide a matrimonial home, which indicates that both had a common intention. The issue of matrimonial home is further discussed in S30 Family Law Act 1996, whereby a spouse has the right to occupy a property is he/she has a beneficial interest. Mary successfully fulfils this criteria. As S.15 (1)(a) and S.15 (1)(b) are still in existence, the court are likely to find in favour of Mary. They should prevent John from forcing a sale upon her. In addition to this, and in reference to the third factor S.15 (1)(c), the interest of the children is also and seen as an important consideration when considering beneficial applications. In the case of Re Evers trust [1980], LJ Omerod stated that it is important to underlay the importance of intention of the trust. In this scenario it was to prvide a family home. He further states that if the children are not mature it would be wrong to order a sale. This is further reiterated in the case if Williams JW v Williams MA [1976]. Therefore in this scenario, if the children are young, then the court is likely to find in favour of Mary, though if the children are mature then that fact should aid John. The ages of the children are unknown. Also, it is not sure what age is considered as ‘mature (it could be 18 or 21). If any of the kids are under 18, then a ruling in favour of Mary is likely. However, Judge Wroath in the case of TSB Bank plc v Marshall Others [1988] stated that even if the children are considered as adults, the courts may not take this issue into consideration when deciding on the sale of a property. Article 8 of the Human Rights Act (1998) states, â€Å"Everyone has the right for his private life and family life, his home and his correspondence,† which infers that children, who are profoundly affected by change brought about by parental disputes such as that portrayed within the given scenario, are protected by law. However the courts are not as likely to consider this in practicality. The courts are more likely to consider S.15 TOLATA 1996. However, as John is the legal owner/trustee of Fairview cottage, it is possible for him to sell under S14 TOLATA 1996 whereby the courts can grant him an application for sale. The courts in doing so would consider the factors listed in S.15 TOLATA 1996, to determine what action to take. In conclusion, it is evident that Mary has equitable interest of the property. An equitable interest together with actual occupation gives her an overriding interest. If she has this overriding interest then her position as a beneficiary would be even stronger, as her interests would override the interests of any other persons. However it is possible a potential purchaser may be able to overreach her interest. This is only applicable to where money is paid to two trustees, in this scenario John is the only trustee so it is unlikely that this will occur. If John wishes to evict Mary then he must apply under S. 14 TOLATA 1996. The courts will then consider the factors in S. 15 and any other factor it wishes to make a decision in regarding the sale. However, as outlined above it is unlikely that John will be successful. Although John is legally the sole proprietor of Fairview Cottage, the circumstances surrounding the purchase of the property strongly indicate that Mary is in a stronger legal position. The matrimonial status of the couple, for example, the fact that Mary significantly contributed towards financing the project, the original intentions of setting up a matrimonial home, and the presence of children, all indicate Marys right to beneficial ownership.

Crater Lake Essay -- essays research papers

Crater Lake   Ã‚  Ã‚  Ã‚  Ã‚  Crater Lake is located at southwestern off Highway 62 in Oregon. It is Oregon?s only national park. It is the deepest lake in the United States and is the seventh deepest in the world. Crater Lake has an average diameter of 5.3 miles in length and is approximately 1,932 feet deep.   Ã‚  Ã‚  Ã‚  Ã‚  Crater Lake is a result of a volcanic explosion that happened about 7,000 years ago. A long time ago, the pacific oceanic plate was gradually moving under the pacific continental plate in the process of plate tectonics. The pressure shaped the land to move upward and create a line of mountains that are currently located on the Cascade Range. These lavas piled and cooled on top of each other resulting in mountains like Mazama and Hood. Mount Mazama was built by successive flows of both andesite and dacite lavas. Mount Mazama was a stratovolcano, which was about 12,000 feet high after series of ash, cinders, and pumice explosions built it upward. During it?s final eruption the magma chamber was emptying and the underlying support for the mountain was lost and the walls of the volcano began to collapse. In just a matter of days the top of the mountain was destroyed and left a caldera. A caldera is a word used by geologists to describe large basin-shaped volcanic depr essions. The destruction Mount Mazama was what marked the beginning of the formation of Crater Lake. The caldera was about 3,000 feet deep and over time, snow and rai...

Race and the Sociological Imagination Essay

For generations African Americans have been disadvantaged in America and effects of these injustices have made a lasting impression. Education is one of the leading problems in the black community. Though there have many reforms in education over the years, racial injustices still exist because no attention in placed on how legislature affects people of color. I was raised in a middle-class family of educators. My entire life I’ve been told to â€Å"stay in school, get an education, and work hard so that you can beat the system. † Recognizing the structural forces in my life has helped me understand my place in society. Being able to â€Å"understand everyday life, not through personal circumstances but through the broader historical forces that structure and direct it† (Desmond and Emirbayer 43) has really had an impact on me. My father was born in 1968, the year we consider then end of the civil rights movement. He went to Luscher Elementary during the 70s and at that time the school was integrated. He had mostly White teachers and schoolmates. He received a quality education because of the resources given to whites were now available to blacks. He chose to attend St. Augustine High school. The Archdiocese of New Orleans constructed St. Augustine High School with funds solicited from Catholics of the Archdiocese through the Youth Progress Program. The Archdiocese of New Orleans placed the school under the patronage of St. Augustine of Hippo, a preeminent Christian and scholar of Africa, and a Father of the Church. This was appropriate since from its inception the school was designated for the education of young men from Black Catholic families of New Orleans. St. Augustine High School led the way in battling segregation in New Orleans. The successful legal challenges mounted by the school resulted in the de-segregation of the high school athletics in the state of Louisiana. The famed Marching 100 was the first African-American high school band to march in the Rex parade on Mardi Gras Day. My grandfather and father attended St. Augustine High School and through the education they received along with athletic scholarships and financial aide they both went on to attend Loyola University. My position in society was shaped by my economic position, which was an effect of my grandfather and father’s educations. My grandfather was able to attend college but this was not true for his parents. Depending upon a persons situation social welfare programs can either enforce progression or plateau disadvantages. I was able to attend Isidore Newman School and I lived in an integrated neighborhood where resources such as schools, hospitals, parks and grocery stores were better than those in other parts of New Orleans. My integrated neighborhood provided me with a good education. Blacks in poor neighborhoods are inhibited from achieving the same education as whites because of zoning legislation, transportation and lack of funds. My family was able to establish themselves financially because of social welfare programs such as war bonds, Pell grants, and the integration of schools. My grandfather was able to own their own home and provide for our family. He had a career as a school administrator they paid well. He provided opportunities for his children to attend college and for his wife. Desmond and Emirbayer argue that , â€Å"If we hope to drive racial domination from the gates of our schools we must continue the work of confronting whiteness in the curriculum† (346). I understand that as finding ways to end institutional racism and raising awareness of ideologies that will end prejudices. Until I attended Loyola I had a naive impression of racial awareness. Personally, I believe education is the key to combating racism. We must education our peers on our cultures. We must explain that â€Å"colorblindness† in society is not what’s best. Only by embracing and recognizing each other differences we will be able to break the social bubbles we live in. I’ve gained a stronger sense of racial awareness through this course. I have the ability to challenge and change other people’s ideologies and understand my own. I know because of my social position have scholarships, financial aide and the values of hard work and education instilled in me by my parents and grandparents. I’m also aware that many people are not able to gain that same access. Because of my racial awareness there is so much more I want to find out about the contributing factors that led to my family’s social position in New Orleans. It is through my racial awareness I plan to beat the system.

Using Glob with Directories in Ruby

Globbing files (with Dir.glob) in Ruby allows you to select just the files you want, such as all the XML files, in a given directory. Even though Dir.blog  is like  regular  expressions, it is not. Its very limited compared to Rubys regular expressions and is more closely related to shell expansion wildcards. The opposite of globbing, iterating over all the files in a directory, can be done with the Dir.foreach  method. Example The following glob will match all files ending in .rb in the current directory. It uses a single wildcard, the asterisk. The asterisk will match zero or more characters, so any file ending in .rb will match this glob, including a file called simply .rb, with nothing before the file extension and its preceding period. The glob method will return all files that match the globbing rules as an array, which can be saved for later use or iterated over. #!/usr/bin/env ruby Dir.glob(*.rb).each do|f| puts f end Wildcards and More There are only a few wildcards to learn: * – Match zero or more characters. A glob consisting of only the asterisk and no other characters or wildcards will match all files in the current directory. The asterisk is usually combined with a file extension if not more characters to narrow down the search.** – Match all directories recursively. This is used to descend into the directory tree and find all files in sub-directories of the current directory, rather than just files in the current directory. This wildcard is explored in the example code below.? – Match any one character. This is useful for finding files whose name are in a particular format. For example, 5 characters and a .xml extension could be expressed as .xml.[a-z] – Match any character in the character set. The set can be either a list of characters or a range separated with the hyphen character. Character sets follow the same syntax as and behave in the same manner as character sets in regular expressions.{a,b} – Match patter n a or b. Though this looks like a regular expression quantifier, it isnt. For example, in regular expression, the pattern a{1,2} will match 1 or 2 a characters. In globbing, it will match the string a1 or a2. Other patterns can be nested inside of this construct. One thing to consider is case sensitivity. Its up to the operating system to determine whether TEST.txt and TeSt.TxT refer to the same file. On Linux and other systems, these are different files. On Windows, these will refer to the same file. The operating system is also responsible for the order in which the results are displayed. It may differ if youre on Windows versus Linux, for example. One final thing to note is the Dir[globstring] convenience method. This is functionally the same as Dir.glob(globstring) and is also semantically correct (you are indexing a directory, much like an array). For this reason, you may see Dir[] more often than Dir.glob, but they are the same thing. Examples Using Wildcards The following example program will demonstrate as many patterns as it can in many different combinations. #!/usr/bin/env ruby # Get all .xml files Dir[*.xml] # Get all files with 5 characters and a .jpg extension Dir[.jpg] # Get all jpg, png and gif images Dir[*.{jpg,png,gif}] # Descend into the directory tree and get all jpg images # Note: this will also file jpg images in the current directory Dir[**/*.jpg] # Descend into all directories starting with Uni and find all # jpg images. # Note: this only descends down one directory Dir[Uni**/*.jpg] # Descend into all directories starting with Uni and all # subdirectories of directories starting with Uni and find # all .jpg images Dir[Uni**/**/*.jpg]

Water Oak, A Top 100 Common Tree in North America

The United States Secret Service - 1112 Words

The United States Secret Service is one of the oldest federal law enforcement agencies in the country, and one of the most elite in the world. Secret Service’s mission is to protect the president, vice president and others; and investigations into crimes against the financial infrastructure of the United States (USSS History. (n.d.). By law, the Secret Service is authorized to protect the president, vice president, the president elect, and vice president elect. The immediate families of those individuals, former presidents, their spouses, children of former presidents until age sixteen. The Secret Service is also authorized to protect National Security Events, visiting heads of foreign states, and major presidential and vice presidential†¦show more content†¦(n.d.). The Secret Service is important to criminal justice administration because they have a jurisdiction to investigate threat against Secret Service protectees as well as financial crimes. Crimes such as count erfeiting of U.S currency or other U.S government obligations; forgery, theft of U.S treasury checks, bonds and other securities; credit card fraud; telecommunications fraud; computer fraud; identity fraud and other crimes that affect federal financial institutions. The United States Attorney’s Office and the Secret Service work closely together as well in protective and investigation matters (FAQs. (n.d.). To even be considered for Secret Service Agent you must be a U.S Citizen. Twenty one years of age at the time of the application and younger than thirty seven at the time the job offer is made to you. If you’re a veteran you must be at least twenty one years of age as well as and younger than forty years old at the time the position is offered to you. A current and valid driver’s license is needed. High school diploma or equivalent. Qualify for the GL-07 level which in other words is a bachelor’s degree from and accredited college or university with su perior academic achievement, or a GL-09 level which is a master’s degree with superior academic achievement. The vision qualifications for this position require uncorrected vision no worse than 20/60 binocular, or

Motivation Factor and Organizational Effectiveness

Question: Discuss about the Motivation Factor and Organizational Effectiveness. Answer: Introduction Managing for performance is a strategy that enables employees to raise their potential through an ongoing process developed by management to unleash employee potentials. Research has shown that a combination of management and employee needs can lead to the best results in an organisation setting. The performance-based manager focuses on employee motivation, engagement and productivity. Through such features, managers ensure that they get the best from their employees to be able to meet organisational objectives. This report is analysed the managing for performance case study focusing on new work place practises, organisational changes and an understanding of blue collar and white collar unions. The new manager of the transport company had good leadership skills, and in his work various issues were realized by other employees. When he joined the company, he embarked on, Communication on the performance of the yard, training of employees in the organization, occupational health and safety activities, and he dealt with problems in an amicable manner. Yusuf, Eliyana, Sari (2012) Argues that, communication and information sharing is a safety practice that increases awareness, promotes importance of individual and interdependence safe work and promotes mutual trust between parties in the organization. This will improve the organizational image and hence promote good performance. Occupational health and safety: safe worker procedures help employees to execute their task successfully and free of from injuries and accidents. This gives clarity on how they are supposed to work and if there are no such procedures the employee will guess what they are supposed to do thus taking either a wrong direction. Role clarity is associated with safety performance of the organization. Crossman Abou (2003) add that the manger needs to develop strategies that seek to maintain and promote high degree of mental and social wellbeing of workers. The new manager dealt with reducing risk in the organization by introducing new trucks, ensured that the transport drivers adapted to their work through organized industrial training to equip them with relevant skills,. Through constant communication with the drivers the new manager developed a strong bond with the drivers which increased their trust in his management style. This promoted mutual trust and good relationship among parties t hus good performance of the company. Motivation: Motivational theorists have suggested that it plays a key role in unleashing the potentials of employees. Managers have to utilize strategies that can motivate and inspire employees to meet their objectives and goals. The new manager bought the uniform to the employees he constantly communicated to the concerning the all issues that were being done. A suggested by Quratul-Ain Manzoor (2011), by appreciating the employees for the work they do and involving them in decision making, they will be internally satisfied with the job, organization and the environment and thus work towards accomplishing the task. So through motivation the organizational performance goes up. And employees will always appreciate working for that organization. Training: training gives new skills, and ideas to the employee on the duties they carryout. It also builds the capacity of the employee to accomplish the work under minimal supervision. As a human resource manager it is your duties and responsibility to make sure that the employees get the necessary skills, for the duties assigned. A suggested by Khan, Farooq, Ullah (2010) training of employees will enable them to understand how their effort fits into their companies, thus by training will maintain the industry on path. Yusuf, Eliyana, Sari (2012) States that training enhances both technical and interpersonal skills, among the employees which can lead to more competent and reliable behavior. When the behavior changes, trust among the workforce is enhanced which final lead to cooperation and information sharing. Therefore the new workplace practices that were introduced by the manager, were all working towards promote the company performance and reputations through sense of togetherness and proper skill for the work. Shuklab(2012) argues that communication is essential for successful change in management this will encourage the employees for desired change through addressing the apprehension and issues related to them. This enabled him to learn more of the issues that were affecting the organization rather than taking up an informed decision by blaming the employees (Connolly, Conlon, Deutsch, 2008). Management style determines the vision of the organization as an important step in the management of the image. Nyambegera Gicheru (2016) Suggest that, managers should promote a positive image of the organization by ensuring that employee are motivated to work. Therefore communication determined the training that led to occupational health and safety. All this was through his good leadership t echnique and approach when he joined the organization Organizational change entails strategies aimed at meeting the needs of the organization and putting strategies in place to ensure that the organization can overcome the force and challenges associated with it. When George or manager moves on there will be risks experienced by the organization change (Thompson, Strickland, Gamble, 2005). These effects include loss of good will, resistances by employees, loss of valuable employees. Loss of good will: organizational image is cultivated by a manager and promoted by the employees. The manager that will take up the organization may not have the same leadership techniques as the prior. Leadership promotes the reputation of the organization and motivates the workers. Greenberg Baron (2003) state that organisational change may not be perceived positively by all and thus there will be a high risk of image change due to employee turnover. And as a result we may lose the key suppliers and customers. When we loss the customers our revenue also goes down and hence high chances of getting losses in our operations. Resistance from employees: resistance to change is a perceived reaction that employees display when they feel that the changes may affect the status quo at work. Kumar Shilpa (2013) add that changes have an overall effect on the employee and thus if the changes are not introduced well, deep resistance will be witnessed from employees. The new manager that will replace the current one may come up with different management styles that may need new changes to the organization. As a result employees may resist as they may be worried of the new developments that is the new procedures that are brought in with this change. Among the contributing factors for resistance we have a fear of losing the jobs especially if the system is automated, So if not well managed there will be strikes which may also involve damages to property that and loss of valuable assets. New demands by employee: the strategies put in place by George and the new manager has not been documented to become part of the organizational policy. When they move on, employees may raise new demands that are related to the work that they do and the performance that they are benefiting the organization. If the demands of employees are not met, then the performance of the organization will go down and hence the value and revenue reduces thus leading to losses and even collapse of the organization in some instances. When the employees leave we are also supposed to recruit new ones who will again need to be trained and also be introduced to the customer before the can be accepted market (Greenberg Baron, 2003). All these activities involve the cost and therefore there will be a lot of money wasted on the same. In the modern employment world unions play a key role in shaping the employment sector and demanding better conditions for workers. Today all employers are required to allow their employees to join unions that they believe can champion for their rights(Pontusson, 2013). However, amalgamation of unions in Australia has led to the question of whether blue collar or white collar unions play a better role in their task. Despite the decline in union membership in the past, it is evident that worker needs vary from employer to employer which makes it difficult to have a standard union that features all employees. The history of blue collar unions has been collective bargaining for better job opportunities unlike in the white collar sector where thresholds exist for graduates. According to Peetz Bailey ( 2012) the changing nature of jobs and the reduction of blue collar jobs have reduced the role that blue collar jobs play. This has led to the disappearance of the blue collar working class which was the main force behind the unions. Western Rosenfeld (2011) suggest that in todays world labor is controlled by the political class who pursue power for their own sake. This ruling class has interests both in public and the private sector which may be affected by the power of unions. This class ensures that unions are not as stable as they used to be given the fact that blue collar jobs are the makers of the economy. Since white collar jobs have easily identified thresholds, it becomes easy to manipulate the blue collar section thus making it difficult for workers in the sector to benefit from the union. The demise of blue collar unions was characterized by the period of the 1990s where they started engaging in politics due to the developed advocacy levels that they had achieved. This made unions lose their role since the government intervened and sought to establish worker conditions through regulation by the Howard government which was described as a conspiracy attack (Lyons, 2014). Today most blue collar unions in Australia have remained a shadow of themselves with membership slowly falling below the increases in the workforce. Stilwell Jordan (2007)adds that Australia has been characterized by competitive product markets and weaker union density making white collar unions play a bigger role more than blue collar unions. Today they have been regulated to lobby groups where they play the role of organized groups when it comes to workers needs. Therefore, white collar unions play a bigger role in meeting worker needs as compared to blue collar unions. Conclusion Form the case study; it is evident that managing work relation is an important element in organizational success and employee satisfaction. Different management styles have been proposed but the paramount factor remains meeting the well-being of employees through creating conditions that motivate and empower employees to perform their duties. The new manager was focused on developing strategies that can keep employees on duty and ensure that they are satisfied with their work. Worker unions play an important role in meeting the needs of employees but they do not motivate or increase productivity of employees. Productivity and motivation remain the role of management and thus the human resource manager needs to ensure that employees are satisfied with their work. Works Cited Connolly, T., Conlon, E., Deutsch, S. (2008). Organizational effectiveness: a multiple constituency approach. Academy of Management Review,, 5, 211-217. Crossman, A., Abou, B. (2003). Research Note : Job Satisfaction and Employee Performance of Lebanese Banking Staff. ournal of Managerial Psychology, 18(4), 368-376. Greenberg, J., Baron, A. (2003). Behaviour in Organizations. Strategic management Journal, 8, 121-127. Khan, K. U., Farooq, S. U., Ullah, M. I. (2010). The Relationship between Rewards and Employee Motivation in Commercial Banks of Pakistan. Research Journal of International Studies, 14, 37-52. Kumar, M., Shilpa, S. (2013). Leadership Management: Principles, Models and Theories. Global Journal of Management and Business Studies, 3(3), 309-318. Lyons, T. (2014, July 28). The royal commission into trade unions is a political witch hunt. Guardian. Nyambegera, S. M., Gicheru, C. N. (2016). Extrinsic and Intrinsic Factors Influencing Employee Motivation: Lessons from AMREF Health Africa in Kenya. International Journal of Business and Social Research, 6(9). Peetz, D., Bailey, J. (2012). Dancing alone: The Australian union movement over three decades. Journal of Industrial Relations, 54(4), 524541. Pontusson, J. (2013). Unionization, Inequality and Redistribution. British Journal of Industrial Relations, 51(4), 797825. Quratul-Ain Manzoor. (2011). Impact of Employees Motivation on Organizational . Business Management and Strategy , 9. Shukla, N. K. (2012). How motivation factor affect the organizational effectiveness. International journal of management research and review, 2(3), 430-435. Stilwell, F., Jordan, K. ( 2007). Who Gets What? Analysing Economic Inequality in Australia. Melbourne: Cambridge University Press. Thompson, A. A., Strickland, A. J., Gamble, J. E. (2005). Crafting and executing strategy: The quest for competitive advantage: Concepts and case (4th ed.). Irwin: McGraw Hill. Western, B., Rosenfeld, J. (2011). Unions, norms, and the rise in U.S. wage inequality. American Sociological Review, 78(4), 513537. Yusuf, R. M., Eliyana, A., Sari, O. N. (2012). The Influence of Occupational Safety and Health on Performance with Job Satisfaction as Intervening Variables (Study on the Production Employees in PT. Mahakarya Rotanindo, Gresik. American Journal of Economics, 136-1 40.