Legal Status of Unions - 1385 Words

Legal Status of Unions Legal Status of Unions The history of the American labor movement coincides with the development of labor unions in the United States, from the initial local craft unions like the Federal Society of Journeyman Cordwainers (shoemakers), to the formation of national unions such as the National Labor Union (NLU) and the Knights of Labor, creation of the American Federation of Labor (AFL), and the Congress of International Organizations (CIO), the merger of the AFL-CIO, and its breakup through the defection of the national unions that formed the Change to Win (CTW) coalition (Fossum, 2012, pp. 27-34, 53-54). Paralleling the union development was a series of national labor legislation: Railway Labor Act (1926),†¦show more content†¦While a labor political party could provide broader support for union members, it would not focus on the primary concerns of labor members: wages, benefits, and working conditions (Fossum, 2012, p. 28). While some believe establishment of a labor political party would be nefit the labor movement more than either the Republican or Democratic parties, the reality has never resulted in an effective national labor political movement (Levitt, 1955). Even national union efforts have not been entirely effective over time: the American Federation of Labor, the Congress of Industrial Organizations, the merged AFL-CIO, and now the Change to Win coalition (Colorado State University-Global Campus, 2014). Leading Personalities in Labor Relations Contributing to the Definition of Labor Relations in the United States Leading personalities in the U.S. labor relations movement included Samuel Gompers (1850-1924), who helped found and led the AFL for much of the period from 1886 until his death in 1924 (Online Highways LLC, 2014), Eugene Debs (1855-1926), who led the American Railway Union through many strikes and helped found the Industrial Workers of the World (Constantine, 1990), Walter Reuther (1907-1970), who led the United Auto Workers starting in 1946 and was head of the CIO and negotiated its merger with the AFL-CIO in 1955 (Featherstone, 2014), George Meany (1894-1980), led the AFL from 1952 until he negotiated the AFL-CIOShow MoreRelatedLegalizing Gay Marriage Essays800 Words   |  4 Pagesdistant on the political horizon, I believe that what is likely is that states will choose to give Gay couples the right to form civil unions. As Gay couples begin to form these unions and enjoy the legal status that they will provide them, the populace at large will become increasingly accustomed to the idea. I believe that Civil Unions will eventually lead to full-fledged Gay marriage, but that this process will take some time. Marriage became a preponderant issueRead MoreThe And Prospects For European Migration1393 Words   |  6 Pagesa number of immigration law academics and interlocutors have expressed concern regarding citizenship rights for UK nationals in extralocal EU residence. Though their prospects have been speculated, the determination of their resultant citizenship status will be contingent on the ongoing international negotiations. This correspondingly relates to resident EU nationals in the UK. Nonetheless, it is clear that Brexit, has ‘fundamentally changed [...] the basis on which EU citizens may enter and resideRead MoreAfrican American Women During The Civil War1227 Words   |  5 Pagess thesis clearly stated? (Restate in your own words) The exceptional rules of war that existed during the Civil War were essential. When it comes to the state of Tennessee, the early â€Å"capture† of the state was of strategically importance for the Union Army. With regards to the experience of African Americans who lived in the state or arrived there during the period of the state’s occupation and Andrew Johnson’s rule, the exceptional character and role of Tennessee turned out to be far from outstandingRead MoreGay Marriage Should Be Legal in All States1632 Words   |  7 Pages19 of 194 countries allow for gay marriage. Statistics show more than half the country supports Gay Marriage and the right for same-sex couples to be treated equal through the everyday endeavors every other couple go through. Gay Marriage should be legal in all states throughout the country and should be given the same benefits as a heterosexual marriage. Without the option to marry, same-sex couples face constant adversity with their financial future, physical/mental health, and practical meansRead MoreWhy The Constitution Should Be Legal956 Words   |  4 PagesThe debate on whether the constitution should be changed to allow gays/lesbians legal status, whereby the partners are protected while in the institution of marriage is a heated debated which has been ongoing in many years. There are those states whereby the rights of gays/lesbians to have legal marriages have been recognized, but in most of the states their right to legal marriage have not been recognized. This essay looks at the reasons why the American constitution should be amended to ensureRead MoreSame Sex Marriage Is The Legal Union Essay1562 Words   |  7 PagesClick here to access FREE course materials and tests. Products ï‡ ³Home ï‡ ¶Research ï‡ µDrive ï‡ ´Answers About Company Legal Site Map Contact Advertise ï‡ º ï‡ ¼ ï‡ ½  ©2015 StudyMode.com Home Same-sex marriage Same Sex Marriage Same Sex Marriage Civil union, Homosexuality, Marriage By kwhite89 Mar 16, 2015 1510 Words 56 Views More info ï„” PDF View TextRead MoreLabor Laws and Unions Essay784 Words   |  4 PagesLabor Laws and Unions Walmart is one of the biggest retail stores in the world. Walmart operates worldwide with current total count of its stores reaching 9.667 stores worldwide (Walmart Corporate, 2011). Interestingly, Walmart is an organization that is currently non-unionized. This paper will provide brief background information on Walmart organization. Legal issues and obstacles that Walmart could encounter will also be identified. The writer will determine which federal, state, or local lawsRead MoreDefining Legal Marriage in America745 Words   |  3 Pagesin it he defined marriage as an institution available only to unions between one man and one woman (Hallowell, 2013). However, the U.S. is supposed to be a secular state and therefore largely immune to religious influence. This is frequently not the case and the religious right has been viewed as responsible for the Defense of Marriage Act (DOMA) signed into law in 1996 (Dickerson, 2013). DOMA defined marriage under federal law as a union between a man and a woman. This past June, a majority of SupremeRead MoreThe Causes And Effects Of The Civil War1564 Words   |  7 Pagesin seceding from the Union defines the effects of this political â€Å"divide† between Republicans and Democrats in Congress due to the Kansas-Nebraska Act of 1854. At the center of this issue, Lincoln’s leadership defines the slow process of political causality in opposing slave state status, which eventually manifested itself into a â€Å"house divided† in the Civil War. In essence, the root cause of the Civil War will be defined through the tension between slave and free state status, the Kansas-NebraskaRead MoreRawls Original Position And Veil Of Ignorance1646 Words   |  7 PagesRawls’ Original Position and Veil of Ignorance Pertaining to Same Sex Unions Charnise Bonhomme University of Central Florida Rawls’ Original Position and Veil of Ignorance Pertaining to Same Sex Unions The in class Rawls assignment focused on justice, and the fairness of how people are treated throughout society. The class, after being broken down into groups, tackled the subjects of why people disagree about what is right, and what is not, and how morals and ethics guides a person’s interest as

Socrates, Guilty Or Not Essay - 946 Words

Socrates, Guilty Or Not Ancient Athens was the site of a growing culture. Philosophy was among the many improvements and discoveries being made. With these improvements and discoveries, great thinkers were able to stretch out their knowledge to new heights. The society they lived in, both welcomed and shunned their ideals. Socrates was one of these thinkers. It was because of Socrates open-mindedness that he was sentenced to death by two charges brought against him. One, Socrates corrupted the youth and two, Socrates believed in ‘false gods’. Yet, was Socrates guilty or not? In the Apology, Socrates examines the charges brought against him by Meletus and tries to prove that they are false. The first charge brought against him is that†¦show more content†¦Only those who had trained to teach discipline would be beneficial to the youth. Meletus’s next charge is that Socrates ‘believes in false gods’. Socrates says that he believes in Divine Spirits. Meletus takes this statement to mean that Socrates says that if Meletus believed in gods and goddesses, then he must believe in Divine Spirits. For they are the children of the gods. After hearing this statement Meletus changes his story many times saying that Socrates did not believe in any gods at all. Meletus is not sure which one it should be and continues to change it back and forth. Meletus’s action of contradicting himself, clearly showing that the charge had no validity. On the first charge that Meletus brought against Socrates that he, ‘corrupted the youth’, this charge could have been seen as true by many. Socrates was teaching his followers to think for themselves. The government and people may have seen this as a threat. They believed that the youth may the try to break away from the norms that were set up, which would have lead to havoc. Socrates, however, was not trying to make the youth go against the laws. In fact, Socrates told his followers that they should live by the laws because the laws were needed. As in the Crito, Socrates mentions that to go against the laws would be the wrong thing to do. The society of Athens, made laws for the people to follow. These laws were made to keep order. Socrates understood and respected that the lawsShow MoreRelatedSocrates : Not Guilty1610 Words   |  7 PagesSocrates: Not Guilty Intro (138) In 399 BC, when he was seventy years old, Socrates was called into court by three men: Meletus, a poet, Anytus, a politician, and Lycon, an orator. The specific charges were impiety (namely that he did not believe in the gods of Athens, and instead had introduced new gods), and corruption of the youth of the city. The account of Socrates’ trial is preserved in the Apology by Plato, a dialogue that ought not to be considered a verbatim report of Socrates’ defenseRead MoreSocrates Guilty as Charged1761 Words   |  8 PagesIn Plato’s Apology Socrates is being tried by Anytus and Meletus for two new charges: â€Å"corrupting the young, and not acknowledging the gods of the city acknowledges, but new daimonic activities instead† (Morgan 2005, 51). Throughout Plato’s Apology and Euthyphro Socrates uses complex rhetoric to challenge the charges brought against him based on his thoughts and understanding of what is right and wrong. He never once states he is not guilty nor does he provide reasons to support his innocence. HeRead MoreEssay Is Socrates Guilty As Charged?1134 Words   |  5 Pagesquot;Is Socrates Guilty As Charged?quot; nbsp;nbsp;nbsp;nbsp;nbsp;In any case of law, when one is considering truth and justice, one must first look at the validity of the court and of the entity of authority itself. In Socrates case, the situation is no different. One may be said to be guilty or not of any said crime, but the true measure of guilt or innocence is only as valid as the court structure to which it is subject to. Therefore, in considering whether Socrates is guilty or notRead MoreIs Socrates Innocent or Guilty? Essay1379 Words   |  6 PagesIs Socrates Innocent or Guilty? Living in a democracy, everyone is exposed through television and other various forms of media everyday to numerous trials by jury. Usually they are rarely given a second thought, but every once in a while along comes a specific trial which captures the attention of the entire country. This goes the same for trials throughout centuries in our past. Although they did not have the same forms of media as in this, modern era, there were still specific trials inRead MoreEssay on Socrates Is Not Guilty1909 Words   |  8 PagesIn the book, Plato Republic, Socrates had a discussion with Thrasymachus and Glaucon about justice and unjustice. In this essay, I shall argue that Plato’s solution of the temptation of the ring is successful in a few ways. I will describe Thrasymachus and Glaucon’s idea about justice, and how Socrates discuss with them in terms of the justice of the city, justice of individual soul, his theory of forms and the importance of the knowledge of the go od, and the sun analogy and the allegory of the caveRead MoreSocrates: Guilty or Innocent Essay847 Words   |  4 PagesIn Platos, The Apology of Socrates, Socrates was accused and on trial for two charges: that he had corrupted the youth of Athens with his teachings, and, that he advocated the worship of false gods. Socrates taught his students to question everything in a thirst for knowledge. Thus, many politicians were looked at as hypocrites. Because of this, many politicians feared Socrates and wanted Socrates away from Athens. Socrates tried to defend himself against the charges by addressing each accusationRead MoreEssay on Socrates Was NOT Guilty1667 Words   |  7 Pages   Ã‚  Ã‚  Ã‚  Ã‚  Socrates, in his conviction from the Athenian jury, was both innocent and guilty as charged. In Plato’s Five Dialogues, accounts of events ranging from just prior to Socrates’ entry into the courthouse up until his mouthful of hemlock, both points are represented. Socrates’ in dealing with moral law was not guilty of the crimes he was accused of by Meletus. Socrates was only guilty as charged because his peers had concluded him as such. The laws didn’t find Socrates guilty; Socrates was guiltyRead More The Apology of Socrates: Guilty or Innocent? Essay928 Words   |  4 PagesThe Apology of Socrates: Guilty or Innocent?   Ã‚   In any case of law, when considering truth and justice, one must first look at the validity of the court and the system itself.   In Socrates case, the situation is no different.   One may be said to be guilty or innocent of any crime, but guilt or innocence is only as valid as the court it is subjected to.   Therefore, in considering whether Socrates is guilty or not, it must be kept in mind the norms and standards of Athens at that time, and theRead MoreSocrates: Guilty or Innocent of Charges? Essay2093 Words   |  9 PagesSocrates: Was He Guilty or Innocent of the Crimes He Was Charged With? Most of the information that we learn about Socrates comes from the work and writings of one of his students, Plato. It has been alleged that the great Philosopher wrote nothing down for others to read, and as such, the knowledge and the teachings from Socrates that is relied upon to convey his philosophy and the epic story of his life comes not from himself, but his students who attempt to provide and accurate pictureRead MoreThe Trial of Socrates1543 Words   |  7 PagesIn the trial of Socrates, I juror number 307, Ryan Callahan vote the defendant is Not Guilty on the first charge of Corrupting the youth. My justifications for this vote are as follows. Socrates didn t corrupt the youth, he just shared his ideas with them and they in turn chose the path to take these ideas. Part of understanding this case is understand the time in which the case was held. This time being 399 B.C., a time in which Athens was a free democratic city, a town which prided itself

Structural Functionalist Theory Free Essays

This essay is an attempt to discuss the problems political parties in Zambia are facing by using structural-functionalist and their contributions to liberal democracy. The academic piece shall begin by defining the key terms; those being, structural-functionalist, political parties and liberal democracy. This will be followed by a comprehensive discussion of political parties, focused on, with examples, the Zambian scene. We will write a custom essay sample on Structural Functionalist Theory or any similar topic only for you Order Now Lastly, a brief conclusion based on the discussion will be outlined. â€Å"Functionalism holds that society is a complex system whose various parts work together to produce stability and solidarity† (Giddens 2006:20). It also views society in terms of their functions. Merton (1968), made an important distinctions between manifest and latent functions. The manifest functions of an institution are open, stated, conscious functions. They involve intended, recognized consequences of an aspect of the society such as the university’s role in classifying academic competence and excellence. By contrast, latent functions as unconscious or unintended functions and may reflect hidden purposes of an institution. Structural-functionalist acknowledges that not all parts of the society contribute to its stability all the time. This function refers to an element or process in society that may actually disrupt as social system or lead to a decrease in stability† (Schaefer, 2004: 14). Social life depends on unity and cooperation of a group. The functionalist points out that for society to be stable the different parts of the society must contribute to the stability of society. For instance, the teachers should teach the society to reduce illiteracy, the doctors are making sure that society is healthy, and the police maintain order. Hence society becomes stable since everyone is contributing. According to MacIver (1962), a political party is an association organized in support of some principles or policy which constitutional means it endeavors to make the determinant of government. Not only that, a political party consists of a group of citizens, more or less organized, who act as a political unit and who by the use of their voting power, aim to control the government and carry out their general policies. Similarly, a political party is different from a pressure group, though in some cases the distinction between the two is almost blurred. According to Ball (1976), It may be said that a political party is an organization of numerous people who are openly committed to broad matters of public policy and who want to assume direct responsibility  for their policies by seeking monopolize power or share it with other parties in a position of political power. According to Barker (1951), the panorama of a party system is so fluid that a good number of pressure groups behave like political parties. The cases of fragmentation and polarization of political parties may also be taken note of. It is also possible that some minor political organizations emerge at the time of elections and then they disappear. But the most essential fact remains that three, four even more parties manage to share power. For instance, in Zambia before voting is taken place, there are many parties heard like Movement for Multiparty Development (MMD), United Party for National Development (UPND), Patriot Front (PF) and Heritage Party (HP). But at the end of elections only few will be available to be strong holding oppositions party for example the UPND and MMD. Political parties act as a check against the tendency of absolutism and totalitarianism, ideologies also known by names such as ‘Caesarism’ and ‘Bonapartism’ (CITE). When one party forms government or few form coalition to hold power, other parties play a role of opposition. It not only keeps the government vigilant, it also prevents it from being arbitrary and irresponsible. The leaders of the opposition expose acts of corruption, nepotism, scandals and maladministration in which great men in power are involved. According to Lasswell (1950), the political parties enable the power to hold the government in check. The constant presence of a recognized opposition is an obstacle to despotism, with a programmed fairly within the limits of a possible public opinion, is a bulwark against the tyranny, not only of a despot but also a practical political majority. Significant political developments have occurred in Zambia since the 2001 tripartite elections. After having had two previous elections in 1991 and 1996, the 2001 elections produced a multiparty Parliament for the first time since Zambia’s independence in 1964. These elections seem to signal that the country has moved from a dominant one party political system to a competitive multi-party system According to The Post Newspaper (20/01/2013), opposition parties have serious financial difficulties. And for the new member of the opposition, MMD, this is even worse. The MMD doesn’t know how to operate without a lot of money. They were used to receiving a lot of money from all sorts of characters doing business with government. And the MMD was also parasitic on government institutions for resources. As a result of this, a series of other problems have appeared. Passions about the future of their party rightly fired people up, but wrongly led them to attack and despise their colleagues. The impact of disunity upon members of the party is clear to see. They must in the very near future learn again to display the camaraderie and common purpose that are fundamental to a party’s prospects. If they don’t do so, they stand no chance of being re-elected Also, according to Okar (2005), the ruling parties deliberately employ a â€Å"divide-and rule† tactic to fragment and weaken the opposition parties. Wilson (1956) says, â€Å"The numbers of parties that appeared with the opening to democratization is not a demonstration of increased participation, but rather of fragmentation and therefore weakness of the party systems†. Zambia had more than five political parties, and the dominant party was the movement for multi party democracy (MMD), which ruled the country since 1991 to 2011. According to The Post Newspaper (20/01/2013), opposition political parties like, UPND, that was bound together by regional, cultural and language ties is also now failing to conceal its problems and challenges. The regional, tribal and cultural glue that held them together is also starting to weaken. The hopes that they had of getting into government by 2011 have disappeared. The illusions that they had about their popularity have also dried up. And they can no longer deny the fact that they are a regional political party that has serious problems and challenges becoming national. Their arrogance and pomposity can no longer carry them. The bragging of being this and that has proved unsustainable because it is unrealistic. They can no longer claim to be the most educated, the most knowledgeable when it comes to business and economic matters, the leading entrepreneurs. Parliamentary statistics actually show that UPND has the least educated members of parliament of the three major political parties. And their leader, Hakainde Hichilema, who tried to project himself as a leading entrepreneur, an outstanding economist and a very rich man can no longer lay much claim to these credentials. According to Mwansa,(2012), The leadership of opposition parties suffer from overly rated ambition for power and pride, such that it overcrowds their effective participation on important national matters that affect the citizenry and poor people. They could be more effective by engaging government and the ruling party in debating policy frameworks on how to develop the country. Particularly,  pushing policies that address the needs of poor people such as improving access to clean water and sanitation, quality healthcare, education, rural and agricultural development, and debate macroeconomic policy frameworks required for growth and development, critically contributing to poverty eradication, employment creation and addressing inequalities. According to Soko, (2013), the opposition parties have to find their own political shoes rather than to follow in Sata’s shoes if they are to earn confidence of the electorates on social and developmental programmers’. The strategies the opposition want to use today, of protesting against the Chief Justice, the demand to have a medical board to examine president Sata’s health, the demand to have the constitution changed, among others were Sata’s strategies when he was in the opposition. The opposition just seem to be recycling Sata’s political strategies with the hope of gaining confidence and trust from the Zambians but this will not work for them as they are being viewed as imitators instead of being initiators. Opposition parties are also not given a fair chance by media. Media is always criticizing them and portraying opposition parties in a horrible way. All favor is upon the ruling party which is not supposed to be the case. Lastly, one of the very crucial problems in Africa at present is the unwillingness of the incumbent parties to be opposition parties due to their over-dependence on the benefits available to the ruling parties. Therefore, they are ill-equipped to become the opposition. In conclusion, the ruling party in Zambia should try by all means to incorporate the opposition parties in some development decisions, there also has to be inter-party dialogue over how to move beyond the dominant party situation. Because the ruling party feel comfortable once in power and do not want to give chance to the opposition parties to rule the nation. Media should also be an independent source of information and not favor any party but be like a no man’s land that is not owned by anyone, the opposition parties should be able to broadcast their manifestos to the public. How to cite Structural Functionalist Theory, Papers

Commercial Law for Corporation Act - MyAssignmenthelp.com

Question: Discuss about theCommercial Law for Corporation Act. Answer: As per section 198 A of the corporation Act 2001, directors of the company has number of powers and this section define those powers. Clause 2 of this section states that director has power to exercise all their powers related to company, but there is an exception which clarifies directors cannot exercise those powers which need to be exercised in general meeting of the company as per Act or companys constitution. This can be understand with example which states that company directors have power to issue shares and debentures, and borrow money for the company[1]. Section 124 of the Act defines the companys legal capacity and power, and this section stated legal capacity of the company exists both inside and outside of jurisdiction, and power of company also includes power of body corporate, and under this power company can issue shares and cancel those shares[2]. Section 254A states power of company to issue bonus shares, this section stated that company has power to issue shares under section 124 and this power also includes the power to issue bonus shares. However, bonus shares are defined as those shares in which consideration is not paid by shareholders for getting the shares to the issuing company, and company does not increase its share capital while issuing bonus shares[3]. In this case, Waldmart Ltd directors pass resolution in the board meeting to issue bonus shares to those people who are considered as existing shareholders of the company, and power to issue bonus shares is provided to the directors by the constitution of the company. Section 198 of the Act states that director has power to exercise all their powers related to company, and Section 254 A of the Act states that company has power to issue shares under section 124 and this power also includes the power to issue bonus shares, and directors are allowed to issue bonus shares from the Constitution of the company. All these facts state that directors of Waldmart Ltd can issue bonus shares because this power is imposed by various sections of the act as well as constitution of the company. As per section 180 of the Act directors are bound by various duties and this section define these duties, and clause 1 of this section defines the most important duty of director, as director are obliged to exercise their power related to company with due care and diligence that would be exercised by any reasonable person in similar situation it that person is act as the director or officer of the company, occupied the office of the director or such person has same responsibilities as the director. Whereas, clause 2 of this section defines the judgment rule of business, and according to this clause it is the obligation of director that they meet the requirements stated under subsection 1 for the purpose of making the business judgment. However, it is the duty of directors that they make the judgments related to business in good faith, and ensure that their judgment must be in the best interest of the organization[4][5]. Therefore, shareholders cannot deny or overrule the decision made by directors in direct way, but different ways are provided by law, through which they can overrule the decisions of directors such as, those shareholders who holds at least 5% stake in the company compel the directors of the company to call general meeting. In such general meeting shareholders of the company can determine the resolution passed by directors for the purpose of overrule the decision made by directors. Some legal rights are also available to the shareholders if directors of the company do not act in the companys interest[6]. In this situation, Better Super Ltd and the other shareholder of the company can force or compel the directors of the company to call general meeting for reconsidering their decisions. Provisions related to dividend payment in company is defined by section 254U of the Corporation Act 2001, and as per this section payment of dividend can be determined by directors of the company, and they also have power to fix the rate or amount on which dividend is payable, time for dividend payment, and also the method of payment. Method for paying the dividend includes various methods such as cash payment, issue of shares, granting options to existing shareholders, and the transfer of interest. This section further states that any kind of interest on dividend is not payable[7]. According to section 254T of the Act define the situations in which directors can pay dividend to shareholders, and subsection 1 of this section states that company can only pay dividend when liabilities of the company are less than the assets of the company just before the declaration of dividend, and it is necessary that such excess amount must be sufficient for making the payments to shareholders. It must be noted that directors are not allowed to pay dividend unless they show that payment made by them is fair and reasonable for both shareholders as well as for company, and such payment does not affect the materially affect the ability of the company to make payment to its creditors. For example, in case company become insolvent after paying dividend to its existing shareholders, then this payment materially affect the capacity of company to make payment to its creditors. However, Section 588G also states that it is duty of director to prevent insolvent trading in context of declaration and payment of dividend. Subsection 2 of this section stated that for the purpose of this section all assets and liabilities of the company are calculated as per the applicable accounting standards. However, assets and liabilities are still calculated as per accounting standards even though those standards are not applicable to some or all the related companies[8]. As stated above, Section 588G of the Act that it is duty of director to prevent insolvent trading in context of declaration and payment of dividend, and this section further stated that applicability of this section is possible only in case when person holds the position of director in the company at that time when debt is incurred, and when company become insolvent due to that debt. However, at that time reasonable grounds must be there to believe that company is insolvent or it would become insolvent. Clause A of subsection 1 of this section for the purpose of incurring debt, company must pay dividend or companys constitution states the payment of dividend[9]. In the present case, Waldmart Ltd directors make proposal in the meeting to declare dividend and they also make proposal to increase the rate of dividend up to 25%. Directors increased the rate of dividend because existing shareholders of the company rejects the remuneration report of directors in last general meeting, and that time first strike is received by the company. According to the opinion of directors of the company, they are confident that their dividend proposal would please the shareholders of the company so that they did not make any issue related to first strike. However, letter was issued by directors to the shareholders of the company, and letter contains the justification related to remuneration report on the part of directors which contains reasons related to excess remuneration and importance of approving the reports. Jim Smith holds the position of manager in Better Super Ltd has 4% stake in the equity of waldmart Ltd. As per the opinion of Jim and other shareholders, decision of directors for issuing bonus shares is not the right decision, and they also think that increasing rate of dividend is also not right during this unstable financial position of the company. In this case, directors do not act in the best interest of the company by declaring the dividend, and this is considered as breach of duty. Therefore, shareholders of the company can apply for order from Court under section 232 of the Corporation Act 2001, and this remedy is availbale to shareholders under section 234[10] of the Corporation Act 2001[11]. According to section 232 of the Act, Court can make order under section 233 if any affairs of the company, any act or omission on companys behalf, and any resolution or proposed resolution passed by directors of the company contravene the member interest in the company[12]. In the corporation Act 2001, new amendment was introduced on 1st July 2011, and this amendment named as two strikes. However, the main aim of this amendment is to increase the accountability of directors related to their remunerations. As per this amendment directors of the company clearly face the re-election on remuneration reports if shareholders of the company are not agreed with the amount paid to directors of the company[13]. According to this amendment first strike occurred when remuneration report of the company received no vote of 25% at AGM of the company from the existing shareholders. However, remuneration report of the company contains the salary and bonus details related to each director of the company. Obligation is also imposed on directors in this amendment to provide explanation to the shareholders concern stated in previous remuneration report, and these explanations are provided by directors in subsequent remuneration report under section 249L (2), the Remuneration Amendment Act. In this amendment, second strike occurred when subsequent remuneration report of the company received no vote of 25% at AGM of the company from the existing shareholders. If second strike is received by the company then all shareholders of the company voted on the matter of re-election. It must be noted that this matter of re-election is determined in the same annual general meeting in which second strike occurred. After this spill meeting take place within 90 days of AGM, if spill resolution receives 50% or more votes. This can be understand in other words also, which means that in case spill resolution received equal to or more than 50% votes, then company must held extra ordinary general meeting of the shareholders of the company within 90 days of passing the spill resolution. This meeting is also named as spill meeting, and in this meeting shareholders of the company has power to remove all the directors except CEO, and if shareholders exercise this power then deeming provision is applicable there which ensures that at least three directors must be there. In case spill meeting is not hold by the company in 90 days of passing the spill resolution then each person who holds the director position in the company is liable for the offence committed under strict liability stated under Section 250W, the Remuneration Amendment Act. This new amendment aims binding vote on remuneration report and policy of the company, and this amendment gives power to shareholders to spill the directors of the company under second strike. The main purpose of spill meeting is to decide whether board of the company is retained or not[14]. This new amendment is more useful as compared to old provision, and the difference between the two strike rule and the previous law CLERP 9 is because in this new amendment provision is stated that directors replied to the shareholders concern even after the first strike in case of listed Australian companies. Therefore, this rule is described as wreaking havoc by the Mr. John Colvin, CEO of the Australian Institute of Company Directors (AICD)[15]. Bibliography Statute Corporation Act 2001. corporations amendment (improving accountability on director and executive remuneration) bill 2011. Article Lin Elicia, Shareholder oppression explained, https://www.findlaw.com.au/articles/4614/shareholder-oppression-explained.aspx. Georgia Wilkins, What is the 'two-strikes' rule, (2012) https://www.smh.com.au/business/agm-season/what-is-the-twostrikes-rule-20121008-278us.html. Website Legal service commission, General Duties of Directors - Corporations Act 2001 (Ctth), https://www.lawhandbook.sa.gov.au/ch05s01s03s02.php. Law Donut, Shareholder and boardroom disputes FAQs, https://www.lawdonut.co.uk/business/business-ownership-and-management/shareholder-and-boardroom-disputes/shareholder-and-boardroom-disputes-faqs#SBD10. Reza Monema Chew Ng, Australias two-strikes rule and the pay-performance link: Are shareholders judicious, https://www98.griffith.edu.au/dspace/bitstream/handle/10072/54958/90206_1.pdf?sequence=1.