Res Judicata


The old Latin legal phrase, res judicata, means a thing already decided and settled. Res judicata is a legal principle quite consistently followed by almost all courts. It is the rule that a final judgment or decree on the merits of a matter by a court of competent jurisdiction will be final and conclusive as to any later lawsuit on all points or matters determined in the former suit. This means that between the parties themselves the dispute is closed at the conclusion of trial. However, this does not prevent a lower court decision from being appealed to a higher court.

This principle of res judicata prevents  an unsuccessful litigant from taking an unfavorable decision to another trial court for a second lawsuit on the same complaint or same set of facts. Res judicata applies between the parties in a civil lawsuit, affecting those parties and no others.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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Competitive Marketing Theories


Competitive market theories are derived from the neo-classical economic concepts of rational choice and maximization of utility. The assumption is that individuals choose jobs which offer them maximum benefits. The utility or value of these benefits – money, vacation time, pension entitlement and so on – vary for different individuals according to their personal preferences. People move from one organization to another if improved benefits are available. At the same time, employer organizations attempt to get the most from their employees for the lowest possible cost.

The outcome of this process is a dynamic and shifting equilibrium in which both employees and organizations compete to maximize benefits for themselves. Within a specific region or industry there is a balance between supply and demand for human resources. Pay and conditions for employees are determined by the relative scarcity or abundance of skills and abilities in the employment market. Competitive forces push wages up when demand for products – and hence employees – increases, and downwards when the economy is in recession. In the latter case a market clearing wage is eventually arrived at which is sufficiently low to encourage employers to increase recruitment and eliminate unemployment. This discourse reinforces the view that employees are objects to be traded like any other commodities in the market – human resources in the hardest possible sense. Supposedly, they offer themselves – their skills and human qualities – for sale to the highest bidders. Within this mindset they could just as well be vegetables on a market stall.

Competition theories assume that job-seekers have perfect knowledge of available jobs and benefits. Job-searching is an expensive and time consuming business. The unemployed do not have money and those in work do not have time. The result is that few people conduct the extensive searches required to find jobs which meet their preferences perfectly. In practice, most individuals settle for employment which is quickly obtained and which exceeds the reserve minimum wage they have in mind. There is a considerable element of luck involved. Moreover, the job-seeker does not make the choice: in most cases the decision is in the hands of employer.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Taking the Office Charge


Once your office is settled, you should make an inventory so you will have proof of what you own. To make a simple office inventory:

  1. List each item, the year it was purchased, its original cost, and its present value.
  2. Also list the model number, brand name, dealer’s name, and a description of the item. Save and attach receipts.
  3. Keep a copy of this inventory in a safe place other than your office (a safe deposit box, for example).
  4. Update the inventory regularly, possibly as often as every three or six months while you are still buying major items for your office. At minimum, update it once a year.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Power


Power is what everyone wants and no one seems to have enough of. The desire for power is inherent in our very nature and fundamental to our survival.

Nowhere is the pursuit of power more evident than in today’s workplace. Managers are constantly striving to increase their arsenal of power, which is how it should be. Some may use power for selfish gain; others may use it to benefit the company. Regardless of how managers use power, the fact remains that without it they are incapable of achieving anything of significance for themselves, other people, the company, or society at large.

Power operates under the same principle as love: the more one gives to others, the more one receives in return. Unfortunately, many managers assume that there is a limited supply of power.

Most people contribute only a small fraction of their full capabilities, simply because they don’t feel a sense of personal power. They are bound by a bureaucratic management system that does little to encourage initiative and high performance. Almost all the power within the organization rests with those at the very top. Powerless in their ability to achieve results, most people eventually lose interest and settle for mediocrity.

The secret of achieving success as a manager and as a company lies in learning how to release the hidden potential of people. It lies in helping workers on all levels, from floor sweeper to executive, experience a sense of their own power. There are no success limits for the managers who master this art. Likewise, the company that rewards managers for successfully employing this art dramatically increases its ability to achieve its objectives.

If you want to achieve ultimate power for yourself you must get out of your own way. Instead of focusing your energies on the acquisition of power for yourself, focus them on how you can empower the people who work for you. If you are successful in giving your people power, they will surely lift you on their shoulders to heights of power and success you never dreamed possible.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Forward Contracts


Forward contracts are similar to futures contracts in that they are agreements to buy and sell an asset at a certain time in the future for a certain price. However, unlike futures contracts, they are not traded on an exchange. They are private agreements between two financial institutions or between a financial institution and one of its corporate clients.

 One of the parties to a forward contract assumes a long position and agrees to buy assets at a certain specified date for a certain price. The other party assumes a short position and agrees to sell the asset on the same date for the same price. Forward contracts do not have to conform to the standards of a particular exchange. The delivery date in the contract can be any date mutually convenient to the two parties. Usually, in forward contracts, a single delivery date is specified, whereas in futures contract, there is a range of possible delivery dates.

 Forward contracts are not marked to market daily like futures contracts. The two parties contract to settle up on the specified delivery date. Whereas most futures contracts are closed out prior to delivery, most forward contracts do lead to delivery of the physical asset or to final settlement in cash

 My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

Figuring out what to charge


The hardest part of developing a fee schedule is figuring out what to charge. The professional fees in all fields are rather idiosyncratic. Rarely can a freelance professional set an across the board price for services. Most professionals have sliding fees. Some old, favored clients are always charged less than newer, more affluent clients. Some clients are charged overtime and for rush jobs, while others never are. And in almost every field professionals charge different rates for corporate or commercial work as opposed to creative or literary work.

Then, too, there are various ways to structure a professional fee. In the course of one year a professional is likely to take on jobs that pay by the hour, the day, and by flat fee.

What does it all mean to someone starting out in freelancing who is unsure what to charge or even how to figure out a fee schedule? Basically, a freelancer should not get too caught up in working for one preset fee—for one hourly rate. Sometimes a client will pay you less per hour, but you can pad the bill so you end up earning as much as you would if you charged a higher hourly rate. Sometimes you take a consulting job that is not particularly interesting or challenging but which pays well, so you can later take on creative work that does not pay so well. The trick is to charge enough overall so that you earn what you need to earn. But even a sliding scale or a willingness to negotiate does not mean that you will not require a well-planned rate schedule. If you ever go into a meeting to settle a fee and are unsure what to charge or what you would like to earn, then you will probably walk away a loser. You must always be prepared to negotiate, and you should expect to earn what you are worth 90 percent of the time. To do this, you need to figure out in advance what the general fee ranges will be for your services. The only danger is in setting an hourly fee and measuring all your work by that one standard.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please contact www.asifjmir.com, Line of Sight