Duties Of Directors Research Articles

Management Roles in Promoting Safety Awareness Among Teaching Staff in TVET Institutions

The recent government focus on Technical Vocational Education and Training (TVET) underscores its pivotal role in developing a highly skilled workforce. TVET institutions primarily offer diploma and certificate courses in technical and vocational fields, which involve teaching and learning activities in workshops and laboratories. These settings pose inherent hazards which present risks to both students and staff. Therefore, ensuring safety awareness is essential to prevent industrial accidents. This quantitative cross-sectional study examines the impact of the management's roles in promoting safety awareness among teaching staff in selected Government TVET Institutions. The study focuses on three critical independent variables representing the management's duties: safety policy, safety and health committee functions, and safety training. Data were collected through self-administered questionnaires distributed to 119 teaching staff across four institutions in the central, northern, and east-coast regions of Peninsular Malaysia. The findings highlight the significant role of management in shaping safety awareness among teaching staff within Government TVET Institutions. Based on these results, it is recommended that institutions prioritize implementing robust safety policies, enhancing the effectiveness of safety and health committees, and investing in comprehensive safety training programs to further increase safety awareness levels among staff members.

Statutory principles governing director conduct when a company is in financial distress – a Trans-Tasman comparison

ABSTRACT The spotlight has recently been shone on the statutory duties of directors of companies in financial distress in Australia and New Zealand. In Australia, the 2023 Report on Corporate Insolvency noted concerns about the efficacy of the Australian insolvent trading regime and mooted the possibility of Australia adopting the United Kingdom ‘wrongful trading’ standard. In August 2023 the New Zealand Supreme Court delivered a much-anticipated judgment in Yan v Mainzeal Property and Construction Limited (in liq) focusing on the equivalent reckless trading duties, prompting the question of whether the New Zealand approach may offer useful insights for Australia and the United Kingdom. This paper provides a comparative analysis of the ‘insolvent trading’ provision in Australia, the ‘wrongful trading’ provision in the United Kingdom, and the ‘reckless trading’ provisions in New Zealand, considering these provisions against the backdrop of related statutory provisions and broader policy considerations and objectives.

Resettlement Knowledge: The Expertise of Service Providers

Abstract Refugee resettlement is implemented by service providers who translate standardised policies into tangible services that meet the immediate needs of their diverse refugee clients on a daily basis. These service providers play a vital role in supporting newly arrived refugees, yet we know little about the work that resettlement entails. Considering prior research on the shortcomings of refugee resettlement policy along with scholarship on the dilemmas faced by street-level bureaucrats, this article sheds light on the role of professional expertise in carrying out this complex and dynamic programme of service provision. This article reveals how, alongside their formal prescribed duties of service management and administrative management, resettlement agency caseworkers also engage in the unofficial work of needs management and crisis management. To best support their refugee clients, caseworkers draw on specialised expertise that I call “resettlement knowledge.” Based on over 1,000 hours of ethnographic fieldwork in a resettlement agency in two cities in the United States and 102 interviews with refugees and service providers, this article illuminates the complexities of resettlement work, providing a nuanced representation of this occupation and the depth of unrecognised labour that states rely on for resettlement.

Fiduciary duty for directors and managers in the light of anti-ESG sentiment: an analysis of Delaware Law

ABSTRACT The global rise in ESG regulations, particularly in Europe, is impacting businesses worldwide. Research grows on a positive correlation between ESG and corporate performance, and 2023 constitutes a turning point marked by a backlash in the U.S. This has prompted a reassessment of sustainability strategies and raised concerns about potential conflicts with the fiduciary duties of directors and portfolio managers. This paper explores the tension between ESG and shareholder primacy under Delaware law, which is home to 66% of Fortune 500 companies. It is a contribution to the theories of shareholder primacy and corporate governance with the most up-to-date evidence, at the intersection of law, economics and finance. Although Delaware courts have not specifically approached the liability extent of directors and asset managers in ESG-related decisions, they have established the elements of the fiduciary duties of care and loyalty, which can be applied to ESG-aligned decisions. This paper highlights guidelines for directors, portfolio managers and fiduciaries when making ESG-aligned decisions, in particular the careful documentation of the process followed in reaching a decision. The paper also calls for more rigour in the field of sustainability.

Corporate Viability and the Duty to Consider the Interests of Creditors in the United Kingdom and the European Union

This article contrasts the recent UK Supreme Court case of BTI 2014 LLC v Sequana and the EU Preventive Restructuring Directive, which both examine the duty of directors to consider the interests of the company’s creditors once the company entersfinancial distress. This article firstly contrasts how the two frameworks trigger creditor consideration and what they require of directors. Then it explores how both frameworks utilise the concept of corporate viability either as a framing device for creditor paramountcy or as an independent guide for directorial judgment. The article details how deference towards directorial judgment is facilitated in either framework, particularly in relying on the commercial nature of corporate viability as distinguished from legal insolvency. It also explores how corporate viability positions the interests of different interest holders, namely in how it affects the balance between the interests of shareholders and creditors. The article furthermore explores the extent to which the consideration of broader stakeholders is facilitated by allowing directors to emphasise the importance of corporate viability. Finally, the article explores the broader implications of corporate viability and the creditor duty from the perspective of entity-based theories of corporate form and entity maximisation approaches towards the company’s interests.

School Principalship Leadership and Management in Integrated Muslim Schools in South Africa: An Investigation

ABSTRACT This research focused on strategies for effective leadership and management in integrated Muslim schools. A qualitative approachwithin a phenomenological design was utilized to encapsulate qualitative data on the strategies for effective leadership and management in integrated Muslim schools. Non-probability sampling methods were employed, and in-depth, semi-structured interviews were used as the primary method to capture the data from the participants. The main findings from this research identified invaluable insights into the nature of integrated Muslim schools from a historical perspective, the governance, bodies of membership and registration of these schools and the existing leadership and management portfolio. The research established that the school principals presiding over leadership and management of integrated Muslim schools have a dichotomous portfolio of leadership and management, that is, the secular curriculum and the Islamic curriculum. Thus, they have dichotomous leadership and management tasks, primarily toward their employers and as a religious duty. Furthermore, it was established that these leadership and management duties are not detailed, which results in role ambiguity and overlapping between the leadership and management role on the one hand and the governance role of school principals on the other.

Information and Communication Technology Usage in School Management: A Case of Selected Hwange District Schools in Matabeleland North Province, Zimbabwe

Apart from the fundamental function of teaching and learning, schools also ensure the realisation of the institutions' aims and vision. This is possible through use of Information and Communication Technology (ICT) which has been identified as an essential global phenomenon for efficient and effective schools. Hence, the purpose of this study was to examine usage of ICT in school management in Hwange District. A qualitative approach driven by the interpretivism paradigm was adopted. A case study design focusing on selected schools was employed. Thematically analysed data were collected through semi-structured interviews and document analysis. Findings indicated that the selected school heads mainly used ICT platforms such as WhatsApp, emails and printed documents for communication. Parents, through School Development Committee, provided internet connectivity for easy communication while the school heads used their personal smart phones. The study found that school heads faced various hurdles in using ICT in their management duties. These challenges included lack of resources, inadequate knowledge and skills to use ICT tools, work overload, inadequate funds to acquire ICT hardware and software equipment, lack of appropriate ICT infrastructure, limited internet access and sporadic power supplies. Despite the difficulties encountered, the study concluded that there were visible pockets of good practices in the use of ICT by selected school heads. The study recommended that the Ministry of Primary and Secondary Education should capacitate school heads through ICT training. This will result in efficiency and effectiveness of school heads in execution of their management functions.

Medical Error Attitudes of Nurses Working in Surgical Clinics and Affecting Factors

This study was carried out in a descriptive and cross-sectional form to determine the medical error attitudes of nurses working in the surgical clinics of a public hospital. The population of the research consists of 900 nurses working in the surgical clinics of a public hospital in Istanbul, and the sample consists of 308 nurses who voluntarily agreed to participate in the research. “Questionnaire Form” which include nurses' socio-demographic and working characteristics and “Medical Error Attitude Scale” were used as data collection tools. The data were analyzed using the SPSS 23.0 package program with frequency, percentage, mean, standard deviation, independent student t-test, One-way ANOVA test and Tukey tests. The study determined that 12.7% of the nurses made a medical error during their professional working period, and 24.4% had witnessed a medical error before. The total mean score of the "Medical Error Attitude Scale" of the nurses was 2.25±0.2 and it was evaluated as negative. It was determined that the highest score was taken from “the perception of medical errors” sub-dimension (3.08±0.9) and the lowest score was taken from the “the approach to medical errors” sub-dimension (2.08±0.4) of the sub-dimensions of the scale. It was determined that the mean medical error attitude total score of the nurses who were single nurses who worked on the day shift and had management duties was significantly higher. The results reveal that health institutions must increase their studies on patient safety to raise awareness of nurses against medical errors, identify the causes of malpractice and prevent them.

"Academic Resonance: Women's Work-Life Harmony"

Women's pivotal societal role includes academia, yet balancing home management and professional duties presents distinct challenges for female educators. This study explores how women teaching professionals in higher education harmonize work and personal spheres. Demographic and key variable analyses investigate workplace influence on their work-life balance. 163 women employees' data in higher education were examined, encompassing age, experience, and perceptions of work-life balance factors. Data reliability used the Cronbach alpha Method. Outcomes highlight variables impacting academic performance and work-life balance. Challenges faced by women in higher education emerge, encompassing personal responsibilities, work-family conflicts, excessive workloads, and institutional policies. This research underscores women's intricate experiences, revealing multifaceted factors influencing equilibrium between professional and personal lives in higher education.

Keep on top of board's crisis management duties with special crisis response team

Keep on top of board's crisis management duties with special crisis response team

Association rule mining of aircraft event causes based on the Apriori algorithm

To reveal complex causes of aircraft events, this paper aims to mine association rules between the trigger probability and relative strength via a modified Apriori algorithm. Clustering is adopted for data preprocessing and TF–IDF value calculation. Causative item sets of aircraft events are obtained based on the accident causation 2–4 model and are coded to establish code indicators. By avoiding the use of statistical methodologies to resolve not-a-number (NaN) values for altering the interrelations among causes, an enhancement in the Apriori algorithm is proposed by considering frequent items. By extracting frequent patterns, in this paper, all the association rules that satisfy three perspectives (support, confidence and lift) are determined by constantly generating and pruning candidate item sets. A network graph is used to visualize the association rules between different unsafe events and all types of causes. Finally, 9835 representative pieces of data, including general unsafe events, general incidents and serious incidents from the Southwest Air Traffic Management Bureau, are selected for analysis. The results show that improper energy allocation, poor conflict resolution ability, inadequate onsite management duties, adoption of a luck mentality, and occurrence of controller oversight are highly correlated with general unsafe events, and failure to rectify incorrect recitation is notably correlated with general incidents, while inadequate manual promotion, lack of conflict judgement and insufficient safety management are strongly correlated with serious incidents. This study quantitatively reveals the potential patterns and characteristics of mutual interactions among various types of historical aircraft events and highlights directions for controllable prevention and prediction of aircraft events.

Duties of Directors under the Iranian Law: A Rigorous Review in Comparison with Other Jurisdictions

Duties of Directors under the Iranian Law: A Rigorous Review in Comparison with Other Jurisdictions

Os efeitos societários do “Caso Paola Carosella”

The argentine chef and former judge on the television show “Masterchef Brasil”, Paola Carosella, sparked controversy with the revelation of a supposed “business strategy” that would have resulted in her acquiring shares from her former partners in the restaurant “Arturito”, in São Paulo. Hoping for a hypothetical break with the other members, Paola would have adopted a risky maneuver in the management of the company: “banking” the devaluation of the restaurant, in order to buy the shares of the other partners. It is assumed, from her statements in an interview with journalist Ana Paula Padrão in 2022, that Paola achieved her goal, thus generating negative repercussions. After the controversy, the argentine had to clarify the situation publicly. The episode raises questions about the duties of partners and directors in limited companies, highlighting possible breaches of loyalty and contractual obligations. In view of this, the article proposes an analysis divided into two parts: the first, discusses potential breaches of directors’ duties and obligations, while, the second, addresses preventive measures that could have been adopted to mitigate such situations. This research aims not only to understand merely similar cases, but also to encourage business practices that promote legal certainty in corporate relations, highlighting, in this regard, the importance of specialized legal advice, both from a preventive and reactive point of view.

Tenant satisfaction and property reputation of trade centers in Surabaya, Indonesia

Purpose Trade centers are operationally run by a property manager as a delegate of the property owner. The dimensions of service quality (SERVQUAL), which include tangibles, assurance, empathy, reliability and responsiveness, are vital to be implemented as the duties of property managers when providing service to tenants to maintain tenant satisfaction and property reputation. This study aims to understand the effects of the SERVQUAL dimensions, the role of property management and the quality of rental value on tenant satisfaction and property reputation. Design/methodology/approach The sample was gathered using the purposive sampling technique with the criteria of being a tenant and kiosk owner in trade center properties in Surabaya. Data were gathered using questionnaires, from which 100 respondents were acquired. It was then analyzed using the partial least square structural equation model (SEM) in the SmartPLS 3.0 program to test the hypothesis. Findings The results of this study prove that the SERVQUAL dimensions – assurance, empathy and responsiveness – significantly influence tenant satisfaction with the mediating variable of the role of property management. Moreover, the SERVQUAL dimensions – empathy, reliability and responsiveness – significantly influence property reputation with the mediating variable of the role of property management. Practical implications Property managers are expected to proactively map out different service measures related to the dimension of satisfaction by conducting service training programs for their employees. In fact, in the post-pandemic period, property managers require new marketing strategies, such as leaseback, to effectively carry out renovations of the trade center’s public facilities and restructure the tenant mix. Originality/value Trade centers as trading areas experience management limitations because of the prohibition of mass gatherings during the COVID-19 pandemic, resulting in a limited number of onsite trading. Tenants who have entered into a long-term contract experience loss and rely on the aid of property management to survive. The role and quality of service of property management influence tenants’ satisfaction post-COVID-19 pandemic.

Director's Accountability for the Company's Sales Results and Commissioner's Actions in Asset Recovery

This study examines directors’ accountability for company sales results and commissioners’ actions in asset recovery regarding an embezzlement case involving Conti Chandra, a Director at PT. Bangun Mega Semesta (BMS) in Hotel Batam City Condotel (BCC). Relevant court decisions include Supreme Court Decision No. 567K/PID/2016, Pekanbaru High Court Decision No. 212/Pid.B/2015, and Batam District Court Decision No. 321/Pid.B/2015. It focuses on two main issues: corporate managers’ accountability based on Law No. 40 of 2007 on limited liability companies and criminal liability for “embezzlement crime in position” within a limited liability company. The study uses a normative legal research method with a descriptive approach, relying on secondary data and qualitative analysis. Findings indicate corporate managers’ accountability during general meetings of shareholders. Criminal liability for embezzlement relates to directors’ fiduciary duty to shareholders, requiring prudence, responsibility, and good faith. Two recommendations are proposed: First, The Indonesian government should revise the limited liability company law on holding directors and commissioners accountable for neglecting management and supervision duties and emphasizing fiduciary duty. Second, the Directors of Batam City Condotel should adhere to fiduciary duty principles under the board of commissioners’ supervision.
 Keywords: commissioners actions, directors, embezzlement

Silence and Solidarity?–The Duties of Individual Directors Minded to Speak Out About Their Board’s Decision-Making and Governance

Silence and Solidarity?–The Duties of Individual Directors Minded to Speak Out About Their Board’s Decision-Making and Governance

Knowledge of autism among students at a South African Institute of Higher Education.

Autism is a significant concern because of the increase in the prevalence of the disorder. University healthcare students might not all be adequately prepared to serve autistic individuals. Hence, there is a need in the South African context for information on healthcare practitioners' knowledge of general aspects, diagnosis and management of autism. To determine current knowledge on autism among speech-language pathology and audiology (SLP & A) students at a South African Higher Education Institution. The study was conducted among 65 second, third and fourth year students at the SLP & A Department of a South African Higher Education Institution. A descriptive quantitative design utilising an online questionnaire was used to gather the quantitative and, to a lesser extent, qualitative data. Descriptive measures were used to analyse and summarise the data. Participants mainly understood autism's fundamental symptoms and comorbidities, early intervention, team management and speech-language therapist (SLT) duties. Students were found to have little awareness of autism's prevalence, causes, diagnosing experts, intervention methods and treatment. Participants felt uncomfortable treating autistic people owing to a lack of clinical exposure. Participants want further training. Students reported the need for additional training on autism, including its identification, diagnosis, assessment and treatment. It is recommended that the study be replicated at other institutions to impact other curricula. This research article provides input for enhancing the curriculum for Health Science Departments in Higher Education Institutions.

The Duty of Directors to Link Executive Compensation to Climate Change: Lessons From Europe

The Duty of Directors to Link Executive Compensation to Climate Change: Lessons From Europe

Effective Integration of Ideological and Political Education and Student Management in Colleges and Universities Based on the Coupled Coordination Model

Abstract In keeping with contemporary demands, the integration of political and ideological education with student management empowers students to actively embrace the establishment of a superior ideological culture in a more open and laid-back learning environment. The creation of an extensive index system enables the integration and collaboration of political and ideological instruction and student management duties in colleges and universities. The theory of system coupling is used to discuss the level of synergy and consistency of system development. The subjective empowerment method uses the FIAHP technique to determine the subjective weight of the standard. The objective weight of the indicator is determined by using the pull-out grade method. The LPE-SMW coupling coordination model is constructed by combining the weights of the two indexes to solve the weights. The coupling coordination level is evaluated and examined in order to confirm the efficacy of the coupling coordination model in examining the development and integration between political and ideological education and student management in colleges and universities. The coupling degree of coordination in the eastern region is approximately 0.65, and the degree of coupling coordination of the LPE-SMW in the central region has a mean yearly increase of 0.43% over the 20 years, according to the results of the smoothness test of each variable of the LPE-SMW linking coordination degree model, which shows differences at the 1% level. The linking coordination model offers a fresh approach to the creation of successful integration between political and ideological education and student management in higher education by offering a thorough examination of the relationship between the two.

A Shift in the Duties of Directors when the Company is on the Verge of Bankruptcy

The topic of this study is the change of directors' duties with the change of corporate operation status. The main research jurisdiction is the UK, and the main research node is after the company is on the verge of bankruptcy and enters bankruptcy proceedings. The UK law stipulates the general duties of directors in the Companies Act 2006. In the normal operation of the company, promoting the success of the company and protecting the interests of shareholders is almost an accepted fact in corporate law circles. But when a company faces bankruptcy, the duties of directors often change. The UK bankruptcy law stipulates Wrongful trading and fraudulent trading liability to urge directors to consider protecting the interests of creditors when the company is on the verge of bankruptcy. Directors may be legally liable for damage to the interests of creditors due to some improper behaviours. Therefore, in order to avoid being charged, directors will increase the priority of protecting the interests of creditors when the company is near bankruptcy. This study will rely on the relevant provisions of the Company Law 2006 and the enterprise bankruptcy law to analyse the change of directors' duties.