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In the business case presented by the Aroha resort, it was Nathan had thought of selling the tour side of his business to any potential investor with the hope of getting more but at the same time getting more time for his resort business. Nathan had felt that the tour business had made him have less time for the business. Selling the tour side of the business was thus the only logical thing to do. Hearing of Jona quest for a business solution, Nathan was impressed by Jona need to start and own a business by him. This was indeed a moment for Nathan to sell his business to Jona who could actually own the business rather than building it from a fresh start. Nathan decided to meet with Jona and share with him his idea of selling the tour business to him.
Despite the fact that Nathan really wanted to sell the tour business to an willing buyer in order to relieve himself of the duties that were associated with the business, he was in addition to that happy to know that with the upcoming competition in the tour business someone was to face that challenge. To succeed in selling the business to Jona, Nathan made Jona to sign the agreement with him over payments without concealing the new information he had just received about the incoming competitor from the local district council. Feeling that this could put Jona off, Nathan hastly concluded the case with Jona.
Through the conclusion of the sale agreement of the tour business between Jona and Nathan in haste, Nathan failed to mention that the route was to have another service provider. Despite this being critical to the agreement, Nathan kept quiet about it by design. This implies that he had breached the contract between him and Jona who was party to the sale agreement of the Aroha resort's tour business. A breach had taken place since Nathan had carefully omitted the information about the new competitor leaving Jona to think that he would continue to remain as the sole tour service provider in the route. By doing this, Nathan has misinterpreted the facts.
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With Jona pulled into the sale agreement yet he would have changed his mind, Nathan had breach the contract they sign. The type of breach presented by this case is the breach of term. Ndekugri and Rycroft (2009) believe that the legal effects of breach of term can be evaluated by looking at the situation that led to the breach. In this case, a new competitor in the route may imply that Jona's benefits will decrease. Such breach of contract allows for Jona to cancel the comtract that had entered with Nathan since it was not done in good faith. Instead, Nathan actions will in turn lead to reduced benefits to Jona yet he was anticipating for huge benefits from the business. Jona must however take the right steps whether by writing or conduct to inform Nathan of the cancellation of the contract. Due to misinterpretation, Jona can also seek to make recoveries for the money that he used for the entire process.
Aroha beach resort apart from being a restaurant handles a tour business that brings more earnings to the business owned by Nathan. The tour business is run by Jake and George. Jake has been the driver for the bus that is used in carrying tourist to their destination areas or to the airport. In the tour side of Nathan business, Jakes seems to be the only driver who drives the bus and despite being exhausted by working for long hours, Nathan is not willing to employ another driver to assist Jake. As a result of fatigue, Jake one day experienced a small incident where he crushed the bag of a tourist that apparently had an expensive camera. Though, Jake could not find any insurance cover for items such as the camera of Bon Ching, this tourist has the right to sue Aroha resort and possible get money in order to buy another camera.
Ching has a valid to make a claim for the destroyed camera through the principle of negligence. The crushing of the camera is indeed a sign of breaching of duty of care. Jake was indeed given the duty of care yet his actions brought in loss to Ching through negligence.
Despite the lack of insurance in the resort to cover such losses as experienced by Ching, there is a valid claim that Ching can follow in order to get back his camera that was said to be $6,000. The claim by Ching is indeed helpful since an employer is held responsible for the negligence of their employees provided that the employee was carrying out the required job. In this case, Ching can make a claim for Nathan to pay back his camera being that Jake was working for Nathan during the time of the incident. By failing to be careful while driving the bus, Jake breached the duty of care that was vested on him by the resort since he was the one who ensured that all matters pertaining to the travel of the tourists were well taken care of.
The loss of the camera by Ching can be considered a case of negligence owing to the lack of care by Jake the driver. In this case, Ching should seek legal intervention where the resort shall be asked to pay for the damage caused by the negligence of jake during his course of work. The court can cause Nathan to pay for the loss if it considers it a case of vicarious liability. This form of liability arises as a result of employee wrong acts while working for a given employer who is indirectly responsible for those acts before the law (Dimond, 2010). With the principle of negligence invoked, it is more likely that Ching will be compensated for his loss of camera while being that Jake breached the care of duty by crushing the trolley and destroying the camera.
Nathans resort if facing many challenges with issues of employer/ employee being one of them. Within any given business establishment, there is need for the right relationship to exist which in turn provides a better environment for the attainment of organization goals and objectives. In the case study, there seem to be problem in the manner in which Nathan has cultivated the relationship between him and his staff especially the trainers who were recruited after graduating. What is clear however it the fact that Nathan discriminate Siva.
As shown in the case, the three trainers have been trained to work for Nathan and for the few months they worked in Aroha resort, their performance were impressive and seemed to be at par with each other'. By this, Nathan saw it fit to increase their pay as well as the basic allowance. However, Nathan increased the pay in a discriminatory manner with Siva getting the least as compared to Mary and Karena. Her efforts to talk with Nathan prove to be futile since Nathan insists that they have nothing to talk about but Siva should instead leave out Mary and Karena form the pay issue.
The lack of understanding in Nathans part creates a standoff between him and Siva who believes that her performances are equal to that of Mary and Karena. Through this, a conflict arises between Nathan and Siva who affirms that her performances are impressive. Nathan warning to Mary was also unethical since, Nathan instilled a sense of fear and lack of understanding between him and Mary who could not manage to mention his suspicions of Siva.
With such a bad relationship in the resort, the relation service needs to be notified on this situation so that it can intervene for Siva who seems to be discriminated by Nathan. The relationship department of New Zealand Labor Department must be notified on this situation so that it can mediate between the two parties involved. This department will ensure that the issue of discrimination in the payment of salary is solved out with the appropriate measures being taken to avoid such things in the future from taking place. Nathan should then make an apology to Siva and provide her with appropriate pay just like Mary and Karena.
A successful business establishment in one that responds to different issues by adopting changes which an in alignment with business actions to the desired goals. In Aroha resort, there a number of issues that Nathan should look at in order to ensure the well-being of the resort.
There are a number of issues that have come to light in the scenario deserving a swift change by the managements of the resort in a bid to address them. Issues have emerged concerning Nathan's relationship with workers, recruitment of employees, insurance covers, and management style, signing of contracts, customer satisfaction and conflict resolution. By understanding how to change different approaches used by Nathan on how these issues are handled, Aroha resort is likely to benefit from increase productivity and commitment from the employees.
With Nathan having poor relationships with his employees, it is needful for Nathan to change his manner of handling his employees so as to create and environments where mutual trust and confidence exist. In this way, Nathan is going to have a good team of employees who are focused in their work and at the same time committed to the values and culture of the business. To achieve this, Nathan must improve his communication skills and management approach. Applying a well-developed form of communication where Nathan will respect the opinions of his workers, many of the staff like Siva will not feel left out but will instead own the cause of the business. This can be reinforced by Nathan adopting a management style where the voices of employees are taken into account in the making of decisions.
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The lack of well laid down principles regarding recruitment of staff has emerged as one of the issues that demand radical changes in Aroha resort. Unlike the present practice of employing workers without carrying a competitive recruitment drive, the changes that are Nathan will affect will be geared towards establishing a section in the resort that will be tasked with staffing the resort with the right employees with the right skills and making the sign agreements that will stipulate their terms of employment and job description. Staffing is critical in strategic placement of a given company as critical areas are prioritized (Bechet 2008).
Nathan should also learn ways of solving problems that might arise in the resort between the management and then employees. Management of conflict requires the use of different strategies to solve them in time and without causing harmful effect to individuals or the business. With a number of staff being at crossroads with Nathan, there is need of Nathan to change his tactics on problem solving. The use of dialogue can be opted for since this is an efficient and cheap technique of solving problems in the work place or with labor unions. Appropriate adoption and application of this strategy will afford Nathan with an opportunity of allowing his staff to concentrate on their work without having to worry about any misunderstanding.
Nathan should change his approach to the making of agreements in the resort either employment of during or during the signing of contract. Agreements are critical in work as it binds the employee and employer together around some statements that have been agreed upon. With agreements, a disgruntled employee is less likely to seek legal intervention in the case of conflicts since their rights or duties will be referenced around the agreement. Contracts also should be signed in good faith and Nathan should not enter into any contract with a wrong motive.
For change to be initiated in Aroha resort, Nathan should be able to identify change agents. These may be the staffs that are positive about change. These staffs will then be trained in order for them to educate their colleagues on the need of change in the organization. At the same time, bottlenecks to the implementation of change should be identified and eliminated in order to ensure that change is effected properly. With well structuring of the resort, Nathan will place the business into the hands of managers who will plan, organize, lead and direct the activities of the resort towards changes that have been selected for implementation. By delegating work and providing incentives, Nathan's resort will turn towards success.