Nursing Mentor Reflection Paper - 1714 Words

Purpose of this assignment is to critically evaluate and analyse the role of a mentor which took place as a part of virtual student placement within a hospital setting. Mentor is someone who is a registered nurse and who can assess and help the students with their learning process in a practical area, Nursing and Midwifery Council (NMC, 2006). According to Bulman and Schutz (2013), reflection is an important part of the development of nursing skills and knowledge. In this essay I am using Chris as a virtual student as per the NMC code(2015), confidentiality maintained and all identifying information removed. The nursing and midwifery council describe a mentor as a person who helps the students to learn and assess them throughout their†¦show more content†¦It also says that a mentor has to be approachable, patient, flexible, and accessible, have thorough knowledge and good sense of humour for being effective mentor. Mentors are expected to be calm and adaptable which makes them a good leader too. According to Hodges (2009), the relationship of the mentor and student has to be based on the trust. A mentor should also discuss all the problems and issues with the student and expected to give a feedback. Winterman et al., (2014) also says that mentoring experience must be based on planned learning activities and it has be in a clinical set up as it has to have an equal weighing on theory and practical. It is also necessary that they present the information to student in an easy and simple way, so that they can understand it. Every student is different and the mentor has to understand and adapt the learning style of them to facilitate the individual learning. As per Walsh (2010), different learning styles must be included. It is said that students will learn more if the teaching is addressed on individual needs and based on their ability with a humanistic approach (Hinchliff 2009). According to the Stuart (2013), a student must spend atleast 40% of their practice under their mentor directly or indirectly. Mentoring of a student need lot of planning and time, so that the mentor can observe and get a clear understanding of student needs. NMC (2008) also emphasise that the studentShow MoreRelatedReflective Analysis Of My Personal And Professional Development1518 Words   |  7 PagesThis paper is a reflective analysis of my personal and professional development of my knowledge, skills, attitudes, showing how one aspect of my training has developed over year two of my nursing degree. It shall focus on communication, by using the nursing handover as an example. A handover can be described as a communication that results in a transfer of information and responsibility for a patient (Tregunno, 2009). 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Social Research Methods Free Essays

Social Research Methods/Unobtrusive Research Introduction – Unobtrusive measures are ways of studying social behavior whithout affecting it in the process. Unobtrusive research is simply the methods of studying social behaviorwithout affecting it. – There are three types of unobtrusive research: Content Analysis Analysis of existing statistics Comparative and historical analysis Content Analysis – With content analysis you focus on the details of recorded human communications. We will write a custom essay sample on Social Research Methods or any similar topic only for you Order Now For example you would analyze a painting a written document, photos, films, and things like face book. – Appropriate topics include who says what, to whom, why, how, and with what effect. For example, if our unit of analysis is writers, then we can use units of observation like novels written by them, chapters and paragraphs of the novels, etc. – Variable identification and measurement in content analysis depend on clarity of the unit of analysis. – Content Analysis involves coding which may attend to both manifest and latent content. The determination of latent content requires judgements by the researcher. – Both quantitative and qualitative techniques are appropriate for interpreting content analysis data. – There are four characteristics that are usually coded in content analysis: 1) Frequency – a count of the number of occurrences of a word, phrase, image, etc 2) Direction – the direction in meaning of the text content (e. g. positive vs negative or active vs passive) 3) Intensity – degree or strength of a text reference 4) Space – the size of the passage, image, or other content Strengths of content analysis: Research poses little to no harm on subjects Time efficient, cheap Allows researcher to correct mistakes Can look at processes occurring over time Good reliability Weaknesses of content analysis: -Limited to what the researcher is able to record -Validity can be limited – In content analysis we could employ any conventional sampling technique like random, systematic, stratified, or clustered sampling. When concerning sub-sampling, sampling needs not to end with our unit of analysis. For example, if our unit of analysis is writers, then we can use units of observation like novels written by them, chapters and paragraphs of the novels, etc. Analyzing Existing Statistics – With analysis of existing statistics, your focus would be mainly statistics of different studies without confusing this with secondary analysis which is just obtaining a copy of somebody’s data and carrying out ones own analysis. – When analyzing existing statistics, it may be the main source of data or a supplemental source of data. Most existing statistics come from governments and large intergovernmental organizations. When describing the units of analysis, existing statistics describe groups. You must be aware of the ecological fallacy. This means making assumptions regarding individuals based on characteristics of entire population. – Whenever we base research on an analysis of data that already exists we’re limited to what exists. The existing data do not cover exactly what we are interested in, and our measurement may not be altogether valid representations of the variables and concepts we want to make conclusions about. Two characteristics of science are used to handle the problem of alidity in analysis of existing statistics: logical reasoning and replication. – Problems of validity in the analysis of existing statistics can often be handled through logical reasoning and replication. – Existing statistics often have problems of reliability, so they must be used with caution. Comparative and Historical Research – And lastly comparative and historical research which is the examination of societies (or other social units) over time and in comparison with one another. – An example of comparative and historical research is the U. S. nthropologist, Lewis Morgan, who saw a progression in societies from â€Å"savagery† to â€Å"barbarism† to â€Å"civilization. † Also Robert Redfield noticed the progression from â€Å"folk society† to â€Å"urban society. † Pitirim Sorokin however respresnts a different form of this research. He theorizes that societal trends follow a cycle pattern between two points of view. One he called â€Å"ideational† and the other â€Å"sensate. â€Å" Later he developed third point of view, which he called â€Å"idealistic. † – Historical research and sociology often use the same tools and datasets as history, but they have different goals. istoriography – methodology of doing historical research The comparative historical method was the backbone of 19th century sociology. Sociologists such as Durkheim and Weber focused in on societies and studied and categorized them during different stages of development. In the mid-twentieth century, as the United States became the center of sociological research, the comparative historical method virtually disappeared. It has been revived in the U. S. in the past 35 years by researchers inspired by the European sociological classics. – There are two types of sources a researcher can use when conducting historical research. )primary sources – physical artifacts of human societies; (ex. documents, letters, official records, personal recollections) 2)secondary sources – books and papers published by governments and historians; (ex. statistical running records) Examples of famous studies include Durkheim’s Study of Suicide and Kentor’Consequences of Globalization. – The unit of analysis of existing statistics describe groups. Means you must be aware of the ecological fallacy which involves making assumptions regarding individuals based on characteristics of entire population. Although often regarded as a qualitative method, comparative and historical research can make use of quantitative techniques. – Archives are the most important type of comparative and historical reserach because they are well maintained by reliable organizations. However, they can by biased or partially incomplete. Ethics and Unobtrusive Research – While the use of unobtrusive research does avoid many ethical issues that are frequently present in other techniques of data collection and analysis, potential ethical risks still exist. For example, the use of diaries or private communications in content analysis give rise to questions of confidentiality. – Sometimes even unobtrusive measures can raise the possibility of violating subjects privacy. – The general principles of honest observation, analysis, and reporting apply to all research techniques. – – Traditional Approaches – To conduct field research of the past, primarily using materials such as letters, diaries, documents, oral histories, etc. (often these are case studies and are not necessarily comparative) To study different societies, using the differences and similarities to highlight macro-social theories, primarily using history books and newspapers (the facts of history themselves). Often these are studies of current history and are not necessarily truly historical. – The actual comparative study of societies and their development over long stretches of history using a variety of resources. This produces research that is both comparative and historical. – Coding: Procedure of turning raw data into a standardized form that can be interpreted by a machine and processed/analyzed. E. g. A processed scantron for an exam. Coding is the process whereby raw data are transformed into standardized form suitable for machine processing and analysis. Content analysis is essentially a coding operation. In content analysis, communications- oral, written, or other- are coded or classified according to some conceptual framework. Coding in content analysis involves the logic of conceptualization and operation, as in other research methods, you must refine your conceptual frameworks and develop specific methods for observing in relation to that framework. Latent Content: In connection with content analysis, the underlying means of communication. E. g. In a war movie, how effective the movie depicted actual combat via the flow of the movie scenes or the general reality of how well the war was captured on a subjective interpretation. Latent content is as used in connection with content analysis, the underlying meaning of communications, as distinguished from their manifest content. – Manifest Content: In connection with content analysis, the actual concrete terms within human communication. E. g. In a war movie, how many times â€Å"fire†, â€Å"shoot†, or â€Å"bomb† is said (concrete, objective terms). Coding the manifest content, the visible surface content, of a communication is analogous to using a standardize questionnaire. Manifest coding is more reliable than latent coding, but is generally less valid – Archives are the most important source for this type of research. They are maintained by governments, private foundations, and some corporations and How to cite Social Research Methods, Essay examples

Australia Corporation Law ASIC v Adler †MyAssignmenthelp.com

Question: Discuss about the Australia Corporation Law ASIC v Adler. Answer: Australia Corporation Law ASIC v Adler In the year 2000, HIH Casualty and General Insurance Ltd (HIHC) gave out a loan of $10 million that was not documented and secured to Pacific Eagle Equity Pty Ltd (PEE). PEE is a corporation under the control of Adler, and it is a trustee of Australia Equities Unit Trust (AEUT). At the same time, Adler is anon-executive director of HIH with shares through his company Adler Corporation Limited. The $10 million loan from HIHC to PEE was later used in the subscription of HIHC for $10 million worth the value of AEUT units. Additionally, PEE bought $ 4 million shares of the HIH on the stock market. After that PEE sold shares at a loss of $2 million (Austlii.edu.au, 2005, 1). The intention of buying the shares from HIH was to give a false impression to the stock market that PEE was doing well to the investors of HIH. PEE further bought other unlisted shares communication and technology companies from Adler Adler Corporation Limited at $4 million. The whole amount was an investment loss. On the other hand, $2 million was awarded to Adler by AEUT under trust. However, all these transactions happened without the knowledge of the board and investment committee of the HIH. The $10 million loan that was given without security and proper documentation was done to prevent HIH directors from knowing (Television Education Network, 2002). The court ruling was that Adler violated his duties as an officer of HIHC and HIH because of the transactions. It also held that Adler breached his duties as a director under Corporations Act 2001. Therefore, this paper intends to examine Adlers inappropriate behavior as an officer, how Adlers actions contravened Corporation Act under Australian Law, punishment to Adler, the lesson to other Australian company managers, and observations. Adlers Inappropriate Behavior as an Officer Section 9 of the Corporation Law, states that a company director is a person who is appointed to that position regardless of the type of what name is given to that position. It also includes some people to be directors even if they are not properly appointed. Such directors can be referred as facto or shadow directors. Further, Section 9 also refers to corporation officer as a company executive who holds senior positions in the board committee (Lawteacher.net., 2017). Such persons may participate in decision making that may affect the entire company business activities and finances. It is a person who has the authority to influence the companys business standings significantly. The main duty of a director is to protect shareholders properties from any risk. Shareholders risks may include fraud from the directors, where the directors take company properties for personal gain and mismanagement of the company, where directors embezzle company finances. In the case of ASIC v Adler, it is clear that Adler as an officer behaved inappropriately in many ways: Firstly, he participated in a decision-making that affected the business of the companies. Secondly, he failed to inform the rest of the board members of the HIHC because of his personal interest. Thirdly, he acted fraudulently, by buying acquiring loan without authentication to avoid the involvement of the committee members of the HIH, the board directors of PEE, and stakeholders. Fourthly, he did not act in good faith and with care because he wanted to satisfy his own personal interest, but not the interest of his company. Fifthly, he misused his position to acquire the loan and sold shares in the stock market at a loss, therefore, he failed to act with care and diligence as required of him. How Adlers Actions Contravened Australian Law Adler actions contravene Australian Commercial law in various ways: First, Adler breached section 9 of the Commercial Law that talks about the director and its responsibility. Section 9 defines an officer as an executive who participates in making decisions that can affect parts or the entire corporation. Such person has the authority to significantly affect the companys financial status. The court found that Adler as the director of HIH and also an officer of HIH subsidiary in relation to section 9 definition of a director. This section affects Adler although he was selected as a non-executive director. Since Adler had a directors role, had the subsidiary investment company, and was also an associate of the HIH investment committee, was enough evidence to show that he participated in making the companys business decision, which affected a substantial part of the business (Adams, 2011). The law needs all the directors of a company to be continuously informed about the activities of t he company, they must be informed of the important transactions that the company is involved. This was not what Adler did; he failed to inform the board members about the activities of the company by doing them secretly. Secondly, Adler breached section 180 of the Australian Commercial law that talks about the duty to act with care and diligence (Uni Study Guides., 2013). Section 180(1) provides that a director or an officer of a company must within their power discharge their responsibilities with care and diligence that any sensible person can perform if given the opportunity to be the companys officer or director. Adler as a non-executive director of the PEE failed to discharge his duty by using the loan the company got from HIH and HIHC to buy shares that made the company lost a lot of money. He also failed to inform the board and the shareholders about the acquisition of the $10 million loan. Thirdly, Adler also contravened section 180 (2),(3) of the Australian Commercial law that talks about business judgment rule. Judgment rule requires a director or an officer to make a proper judgment in good faith and for the right reason. The judgment should not be for personal interest, and that the director or the officer has informed himself about the subject matter to an extent that he believed that the judgment was for the benefit of the entire company. In the case ASIC v Adler, the court resolved that Adler and his associates breached their constitutional duty to of care and could not rely on the judgment rule for defense. For Adler, it did not totally apply because he was not able to satisfy section 180(2)(b) because of having a conflict of interest in connection with the decision he made of investing $10 million in PEE ( Pey-Woan, 2006). Fourthly, he also contravened section 260A that addresses the issue concerning finance assistance. This section forbids a company from assisting an individual in obtaining shares in the company same company where he has investments. The law can only allow such transaction where the assistance does not affect the companys interest, ability to pay its debts. The law also allows financial assistance if it is authorized by the shareholders according to section 260B. Examining the ASIC v Adler case, it is evident that Adler as the PEE controller, clearly breached section 260A by awarding financial assistance to PEE by using HIHC, which is a subsidiary of the HIH that is also under the control of Adler. The loan that was given to PEE was again used in purchasing the shares of HIH on the stock market. The whole transaction process was a lie to the stock market and also to the investors to show that Adler was assisting the declining share price of its corporation by personally purchasing the shares. Adlers main purpose was to increase the price of the shares of the HIH for the benefits of Alder Corporation Limited, which has substantial shares in HIH. The Supreme Court held that the major intention of the transaction was that the loan that HIHC gate to PEE was to help it obtain HIH shares, which is an investment company of the HIHC. This transaction led to material prejudice of the HIHC and HIH, which violates section 260A. Punishment Adler got Due to Conviction There were various punishments that Adler suffered from the case ASIC v Adler. Some of the punishment included penalties such a fine of $900,000 and disqualification for twenty years and $8 million compensation to HIH Insurance Limited (Smh.com.au., 2005). These penalties were due to Adlers breach of the Corporations Act of the officer's duties. However, this was the end of Adler's punishments. In the round two of his case, he was prosecuted for a criminal act. On 16th February, he pleaded guilty to charges of false and deceptive information, conflict of interest, and inducing people to trade. On 14th April 2005, he was imprisoned for four and half years, with no parole time of two and a half years (Asic.gov.au., 2005). He received only 10 percent for a guilty plea because it was the first day of criminal trial. Lessons from ASIV v Adler Case Lessons learnt are that ASIC has demonstrated that they are serious about enforcing Australias corporate controlling laws. Jailing the reach company directors is a lesson that many directors have learnt. Many manage are know taking their duties seriously as indicated in the Corporations Act. Moreover, those directors who have a conflict of interest will really reduce due to what they have witnessed in the ASIC v Adler's case, and with that many directors will focus their interest in benefiting the entire company (Lawteacher.net., 2017). Other than that, numerous managers in Australia have learned that embezzlement of company funds is a criminal case that leads to many years imprisonment without parole. On the other hand, such cases have increased stakeholders confidence in entrusting their shares with the company directors. It is because they believe that if there any mismanagement of company funds, they can seek for ASIC intervention to help them solve such issues. Additionally, the case ASIC v Adler has shown how the managers should act in good faith when executing their duties (Uni Study Guides., 2013). This case is teaching managers that they should act in the best interest of the company but for their own personal gain. Failing to act in the best interest of the company can lead to disqualification of directors from their position as witnessed in ASIC v Adler case (Adams, 2016). Moreover, it has also taught directors that they should perform according to their fiduciary duties. As a result of this case teaches the company directors or officers that they should put the interest of the company ahead of their own. Therefore, they have learned that they should not themselves into positions where they have a personal interest in the conflicts of the company, which they are supposed to protect (Venus, 2016, 29). Some of the consequences that have been seen in the case ASIC v Adler have shown directors and other officers that they need to involve their stakeholders and board of directors in making major company decisions. Observation To conclude with, it evident that the well-being of the company lies in the hands of its directors and officers who are in charge of its management. Therefore, it is vital that companys directors should perform their duties with care and diligence for their own safeguards. Other than that, it significant for them to avoid making decisions which are valuable to the company without involving company board of governors and stakeholders. Moreover, it is vital for the officers to respect Corporations laws for their own safety and for the well-being of their relationship with the company. Furthermore, this case shows clearly that Adler problem was as a result of a conflict of interest, and because of it, he has lost his fortune and led to the collapse of HIH Company together with his company. Lastly, ASIC is a strong body and is capable of dealing with any corporation mismanagement by following the right provisions of the Corporations Law. References Adams, M 2011, 'Latest Developments in Officers' Duties of SMEs', Journal Of Business Systems, Governance Ethics, 6, 3, pp. 31-42. Adams, MA 2016, 'Contemporary case studies in corporate governance failures', Governance Directions, 68, 6, pp. 335-338 Asic.gov.au. (2005). 05-91 Rodney Adler sentenced to four-and-a-half years' jail | ASIC - Australian Securities and Investments Commission. [online] Available at: https://asic.gov.au/about-asic/media-centre/find-a-media-release/2005-releases/05-91-rodney-adler-sentenced-to-four-and-a-half-years-jail/ [Accessed 25 May 2017]. Austlii.edu.au. 2005. Adams, Michael --- "Australian Corporate Governance: Lessons from HIH Insurance" [2005] ALRS 1. [online] Available at: https://www.austlii.edu.au/au/journals/ALRS/2005/1.html [Accessed 25 May 2017]. Lawteacher.net. (2017). Case Summary ASIC v Adler | Law Teacher. [online] Available at: https://www.lawteacher.net/free-law-essays/company-law/case-summary-asic-v-adler-law-essays.php [Accessed 25 May 2017]. Lawteacher.net. (2017). Contraventions of ASIC v Adler | Law Teacher. [online] Available at: https://www.lawteacher.net/free-law-essays/business-law/contraventions-of-asic-v-adler-business-law-essay.php [Accessed 25 May 2017]. Pey-Woan, L 2006, 'Regulating Directors' Duties with Civil Penalties: Taking a Leaf from Australia's Book', Common Law World Review, 35, 1, pp. 1-23, Smh.com.au. (2005). The Adler judgment - Business - www.smh.com.au. [online] Available at: https://www.smh.com.au/news/Business/The-Adler-judgement/2005/04/14/1113251721186.html [Accessed 25 May 2017]. Television Education Network. (2002). Television Education Network services the professional development needs of lawyers, accountants, business, and finance executives. [online] Available at: https://www.tved.net.au/index.cfm?SimpleDisplay=PaperDisplay.cfmPaperDisplay=https://www.tved.net.au/PublicPapers/June_2002,_Lawyers_Education_Channel,_Directors_Duties_and_ASIC_v_Adler.html [Accessed 25 May 2017]. Unit Study Guides. (2013). Directors duty of care. [online] Available at: https://www.unistudyguides.com/wiki/Directors%E2%80%99_duty_of_care [Accessed 25 May 2017]. Venus, P 2016, 'How to avoid disqualification as a director by ASIC', Governance Directions, 68, 1, pp. 28-31, Business Source Complete, EBSCOhost, viewed 25 May 2017.