Free Movement of Goods Essay Example | Topics and Well Written Essays - 2500 words

Free Movement of Goods - Essay Example (an) Under Portuguese law the Company needs to pay a little expense to the Portuguese government organization when it sends out merchandise to Portugal. So as to address this is question it needs to talk about Article 23-25. For exchange between Member States of the EU, the essential principle is set down in Article 25(12) EC. 'Customs obligations on imports and fares and charges having identical impact will be restricted between Member States. This preclusion will likewise apply to customs obligations of a monetary sort.' It was held that Article 25 (at that point Article 12) could be depended on by people in the national courts in Case 26/62 Van Gend en Loos2. This was the principal case in which the ECJ held that a Treaty article could have 'direct impact' Customs obligations as such were effectively canceled from the get-go throughout the entire existence of the Community (July 1968). Nonetheless, it was not initially clear what was secured by the idea of 'a charge having proportional impact' (CEE). The Commission brought various arguments against Member States during the 1960s and the ECJ accepted the open door to give an exceptionally wide significance to this expression. One such Case 24/68 Commission v Italy ('Statistical Levy')3, included an Italian duty on imports and fares over its fringes. ... The ECJ stressed that it is the impact, not the reason, of the duty that issues: additional expenses and charges are probably going to put imported products off guard contrasted and locally delivered merchandise. It likewise excused the Italian Government's contention that the measurable information was a 'support of' dealers, which they should pay for. The ECJ dominated: 'Any financial charge, anyway little and whatever its assignment and method of utilization, which is forced singularly on residential or remote merchandise by reason of the way that they cross a boondocks comprises a charge having equal impact'. The key piece of this definition or test is whether the aggregate of cash has become payable since merchandise include crossed a wilderness inside the EU. In the event that it very well may be indicated that the entirety is payable for some other explanation - for instance as installment for a particular assistance did for the dealer, for example, arrangement of storerooms, at that point it follows that it isn't payable since products have crossed a wilderness, thus doesn't satisfy the Court's meaning of an illicit charge. The ECJ has held that the denial on 'charges of proportional impact' additionally applies to merchandise imported straightforwardly from third nations: see Case 37, 38/73 Diamantarbeiders v Indiamex,4. This implies the CCT obligation can be exacted on such products, yet no different charges can be included by the Member States. The EC Treaty doesn't contain any special cases or resistances to Article 25 (the denial is exacting and total) however there are a few circumstances that fall outside the restriction since they don't satisfy the above test. The cash raised by those charges is to pay for an information data administration in regard of products brought into and sent out from Portugal. In Case 63/74 W. Cadsky SpA v Instituto nazionale

Racism Essays (1212 words) - Racism, Discrimination, Hatred

Bigotry Bigotry TODAY...Everybody bounced on him, beat the hellfire out of him... Everyone was hitting him or kicking him. One person was kicking at his spine. Another person hitting on the face... He was oblivious. He was dying. Everyone had blood on their lower arms. We ran back up the slope giggling... He ought to have kicked the bucket... He lost so much blood he turned white. He got what he merited (Ridgeway 167.) The skinheads who played out this arbitrary demonstration of racial savagery in 1990, had no motivation to mercilessly beat their casualty other than the way that he was Mexican (Ridgeway 167). Prejudice is dispassionately characterized as any act of ethnic segregation or on the other hand isolation. Luckily, racial savagery is consistently declining as the turn of the century draws near. Presently another structure of prejudice, secret bigotry, has as of late sprung from the weights of political accuracy. This new type of bigotry, in spite of the fact that gradually declining, still gives indications of solid help (Piazza 86). Secret bigotry expect a type of common rebellion against politically right idea and discourse. Basically, secret bigotry is a shrouded prejudice, or a bigotry not handily identified (Piazza 78). Bigotry is still emphatically pervasive in the present society (Gudorf 3). The three distinctive essential types of prejudice, open bigotry, savage bigotry, and clandestine prejudice every single express type of scorn towards unmistakable ethnic gatherings (Bender 47). These essential types of prejudice, albeit distinctive in structure, all have a similar principle reason, to advance bigotry. Open bigotry communicates opportunity of racial idea and discourse. Open racists advance their perspectives through carefully persuasionary strategies. This type of bigotry is permitted in our general public due to the First Amendment. Open prejudice is right now practically nonexistent and consistently declining, since it is considered politically off base and socially unsuitable. Savage prejudice advances bigotry through viciousness, dread, and persuasionary strategies (Leone 49) This type of prejudice isn't secured by the First Amendment since it advances savagery to communicate its thoughts. Lamentably numerous savage racial bunches guarantee they don't advance viciousness, and in this way these bunches are ensured by the First Amendment on the grounds that not enough adequate proof exists to demonstrate their vicious purpose (Ridgeway 123). Undercover bigotry communicates thoughts of prejudice in masked structures; once in a while the secret bigot isn't even mindful of the reality that he is supremacist. Prejudice, it is attested, is no more barefaced: individuals these days are hesitant to communicate straightforwardly their abhorrence of and scorn for minorities, to be sure are not readied to communicate freely a slant that could be interpretted as bigot. Prejudice, it is stated, is unobtrusive: it is masked, kept out of sight (Enrlich 73) The recommendation that there is another bigotry - a prejudice that has another quality correctly in light of the fact that it doesn't have all the earmarks of being prejudice - merits genuine thought (Piazza 66). Dodging minorities in the city and refusal of a open advantage to a minority which would be granted to a white are instances of clandestine bigotry. Since it is no more politically right to transparently communicate one's bigot sees, individuals in this manner favor camouflaged, circuitous approaches to communicate their extremism (Piazza 68). Clandestine bigotry is the most copious type of bigotry in our general public today. What causes prejudice? Shockingly, the appropriate response is a lot longer and definite than the inquiry. The three fundamental driver for bigotry are: prejudice has become some portion of our legacy, conservative racial and political gatherings, and pride in one's own race. Essentially since the beginning of man's presence man has without a doubt seen contrasts between races. Prejudice's quality all through the arrangement of our way of life is very clear (Tucker 17). Regularly since the beginning the ethnic gathering with the most power has expected that its race and culture are better than others. A similar episode even happened in America with the presentation of slaves. All through American history, prejudice has been unequivocally common. Bigotry's underlying foundations lie profound inside the establishment of our general public (Tucker 19). These roots without a doubt are the hotspot for a large number of the supremacist gatherings and clandestine bigotry thoughts found all through our general public. Radical social and political gatherings, especially those upholding conservative arrangements of racial disparity, advance bigotry also. These gatherings fill in as the encapsulation of racial thought and discourse (Ridgeway 10). The accompanying speak to different supremacist bunches found

An Analysis Of The Poem If You Should Go By Coun Essays

An Analysis Of The Poem If You Should Go By Coun Essays An Analysis Of The Poem If You Should Go By Countee Cullen In the sonnet If You Should Go, Countee Cullen underscores on the comprehension of human delights and distresses. The significance of delight is demonstrated utilizing various instances of happiness, for example, love and dream. The two refrains incorporate a people feeling or responses towards bliss during the cheerful minutes just as the sentiments after the euphoric second is finished. In this sonnet, Cullen passes on a few unique messages. One of the topics of the sonnet is that one never acknowledges what one have until it is lost. For this situation it alludes to euphoric minutes. The second verse the writer likewise tells the peruser that delight makes a dependable memory in ones psyche which is found in the people character or the glimmer on the [persons] face (2. 7-8). Despite the fact that, Cullen doesn't make reference to whom the affection is towards in the principal verse and what the fantasy is about in the second refrain the peruser can decipher that as is said in a positive way. Utilizing a great case of analogy, love is contrasted with the light that lights up a day simply the manner by which delights lights up people groups lives. The delicately spending of the day without creator understanding its going shows to us that the delight isn't given a lot of significance in the people life. The subject, an individual never acknowledges what he has until it is lost, can plainly observed when the writer says, We would not know, however for the evening, When [the joy] has sneaked away (1. 3-4). The writer pass on the message that individuals ordinarily would not feel the delight until the delight is sneaked away and the individual is struck by the dimness of the distress. In the subsequent refrain bliss is given a significantly more positive reaction. Bliss in this verse is alluded to as a wonderful dream. The not acknowledgment of the death of the delights is said in this verse. Here the artist says the delight doesn't leave a physical impact on the individual and that the fantasy has quite recently left a glimmer over the visionaries face. This shows the second topic of the sonnet that bliss makes a dependable memory in ones brain when alluded to the glimmer on the visionaries face. This sonnet causes the peruser to understand the significance of euphoria before it is no more. The sonnet additionally intellectually readies the peruser to the distresses that are struck after the euphoric minutes are finished. The tone of the sonnet is certain. The sort of state of mind this sonnet makes is neither discouraging nor exceptionally energizing. This sonnet may strike a peruser as exceptionally latent because of the utilization of expressions like The delicately spending day (1. 2) or Go unobtrusively; a fantasy (2. 5). The rhyme plan of the sonnet is a b a b. The sonnet If You Should Go is a phenomenally lyriced sonnet about a comprehension of human delights and distresses. The positive perspective of the writer is an or more alongside the great utilization of symbolism like love and dream. In general, the subject, the rhyme conspire, the lovely symbolism, the tone, and the temperament all work together in the sonnet.

The Various Shades Of Monopolies And Perfect Competition

The Various Shades of Monopolies and Perfect Competition Robert Sturdevant Embry-Riddle Aeronautical University Abstract Monopolies are always known to hold a limited amount of control over its particular market and that gives them the dominant ability to control the prices for its goods or services, or in other words, they represent the market. They indeed have detrimental effects on consumer and social welfare, which is why most do not agree with them. This paper is an attempt to address the various points of monopolies in a society of competition. Keywords: Monopoly, Perfect Competition, Price maker, Barriers The Various Shades of Monopolies and Perfect Competition The perfectly competitive firm is considered the price†¦show more content†¦For this reason, a pure monopolistic company is not so intent on selling the most expensive product, but instead places their intent on maximizing their profits (McKenzie, 1998). To some extent, the pure monopolistic firm varies from just a monopolistic firm partly because of the number of competitors involved in a monopolistic venue which is less than one hundred. A monopolistic firm can be defined as a firm that has a relatively large number of firms, differentiated products which is promoted with heavy advertising, and easy entry/exit from the industry itself. Monopolistic competition consists of small market shares, meaning a firm has a relatively small percentage of the total market and limited control over the market price. Because of the fairly large number of firms involved confirms that no involvement by a certain group of firms can happen so there can be no restrictions on output of the products and a set price is unlikely and the involvement of several firms, each firm controls their own pricing without facing retribution from the other firms . This is quite a blatant difference between pure monopolistic firms being that pure monopolistic firms control the price and face no competition whatsoever in terms of products. Utility companies are considered to be pure monopolistic in nature. In Virginia Beach, Dominion Electric is the sole provider of electricity;Show MoreRelatedPepsi Soft Drink in Thai Monopolistically Competitive Market3088 Words   |  13 Pagesof Pepsi Quantitative Demand Analysis of Pepsi Page 7 Figure 5: Demand, Elasticity, and Total Revenue The Nature of Industry in Monopolistic Competition Page 7 Managing Monopolistically Competitive Markets Page 8 Figure 6: Short-Run Profit Maximizing under Monopolistic Competition Figure 7: Long-Run Equilibrium under Monopolistic Competition Pricing Strategies of Pepsi Page 10 Table 4: Pepsi’s Pricing Information Figure 8: Pepsi’s Block Pricing Conclusion Page11 BibliographyRead MoreLow Cost Strategies a Failed Business Model?9157 Words   |  37 Pagesor they may just have found a narrow market niche into which they fit. A successful business model, in our context, has to be one that is widely and successfully adopted, and remains in use for an extended period of time. THE BASIS OF AIRLINE COMPETITION Until the late 1970s airline markets throughout the world were virtually all highly regulated, often publically owned, and frequently enjoyed both direct and indirect subsidies. The changes from the late 1970s suddenly thrust airline managementRead More10 Principles of Economics6483 Words   |  26 Pagesmake decisions to buy luxury, normal or inferior goods based on their income. Perfect Competition * The textbook, Business Economics states perfect competition occurs when there are many firms selling identical products. The firm accepts the market price, and is not a price-maker. Monopolies * Monopolies occur when firms are able to set the price of a specialized good or service due to limited or no competition. The firm is a price-maker and consumers must accept the price due to no alternativesRead MoreProject on Titan9221 Words   |  37 PagesACKNOWLEDGEMENT We wish to express our sincere thanks to Ms. Aparna Goel, Lecturer Consumer Behaviour, and FACULTY- AMITY BUSINESS SCHOOL for giving us the opportunity to work on this exciting project. This has given us the insight of how the various theoretical concepts are applied in an organization. We are also grateful to MS. NARISHIMA – TITAN REGIONAL OFFICE and Mr. SURESH MAHBOOBANI, Proprietor â€Å"THE WORLD OF TITAN† – USMAN ROAD for their valuable inputs which helped enrich this projectRead MoreInternational Globalization Marketing Plan of Batik6155 Words   |  25 PagesOrganisational Chart 3. Features and Benefit 2.0 Product and Services 3.0 Market Analysis 3.1 Competitive Advantage and Barriers to Entry 3.2 Ownership 3.3 Legal Entity 3.4 Competition 3.5 Market Size 3.6 Target Customer 3.7 Trends 3.8 Communications 4.0 Financial Viability 4.1 Sources and Use of Funds Expansion 4.2 Financial Plan Read MoreStarbucks Corporation12076 Words   |  49 Pagesworld, known for inspiring and nurturing the human spirit.† The company’s mission statement articulates several guiding principles to measure the appropriateness of the firm’s decisions (see Exhibit 4). In describing Starbucks’ unique approach to competition, Fortune notes: The strategy is simple: Blanket an area completely, even if the stores cannibalize one another s business. A new store will often capture about 30% of the sales of a nearby Starbucks, but the company considers that a good thing:Read MoreVarian Solution153645 Words   |  615 Pagescommodities remain at $5. Write down your budget equation. line. 5x1 + 5x2 = 30. Use black ink to draw this budget (f) On your diagram, use blue ink to shade in the area representing commodity bundles that you can aï ¬â‚¬ord with the budget in Part (e) but could not aï ¬â‚¬ord to buy with the budget in Part (a). Use black ink or pencil to shade in the area representing commodity bundles that you could aï ¬â‚¬ord with the budget in Part (a) but cannot aï ¬â‚¬ord with the budget in Part (e). 2.2 (0) On the graphRead MoreWills Lifestyle7563 Words   |  31 Pagesimprove customer service with reduced lead time and a wider product range. In 1985, ITC set up Surya Tobacco Co. in Nepal as an Indo-Nepal and British joint venture. Since inception, its shares have been held by ITC, British American Tobacco and various independent shareholders in Nepal. In August 2002, Surya Tobacco became a subsidiary of ITC Limited and its name was changed to  Surya Nepal Private Limited  (Surya Nepal). In 1990, ITC acquired Tribeni Tissues Limited, a Specialty paper manufacturingRead MoreSushi Retraurant Business Plan Essay12316 Words   |  50 Pagesinnovative chopsticks, Shifuku Sushi Bar recycles paper, aluminum, and glass to further our contribution to the environment. To make a visible statement on our support for going Green, Shifuku Sushi Bar has incorporated a color scheme of different shades of green, and then black and white complements. 1. Idea History My idea for a sushi restaurant that offers fast and easy carry-out service came one day while I was craving a plate of California rolls. The only place I knew about that sold carry-outRead MoreMarketing Management130471 Words   |  522 Pagesdiscipline To understand the reasons why marketing is considered important in this era To assess the various marketing approaches and principles 3. MARKETING MANAGEMENT: Marketing has evolved into a very important functional area in management basically due to the increasing supply and lower demand over the years. This is primarily through the competitive intensity in every sphere of the market. When competition increases, as you know, every firm wants to be heard in the market. This will make the firms

The Conflict Between Rwanda And The Rwandan Genocide Essay

Bodies lying in the streets. People hacking each other with machetes and other bladed weapons. Blood splattering the ground. Such was the scene in the spring of 1994 in the African country of Rwanda. The Rwandan Genocide claimed the lives of hundreds of thousands of lives over the course of 100 days because of racial tensions between the Hutus and the Tutsis. Over twenty years later, the two tribes live together, but it is an uneasy peace. Tensions between the Hutus and the Tutsis can be traced back to the end of the First World War. Rwanda was placed under the control of Belgium because of a League of Nations mandate. Within the first few years, it was clear that Belgium favored the Tutsis rather than the majority Hutus. This gave the people the feeling that there was a tendency of using â€Å"few to oppress the many† (Staff). The Hutus staged a revolution in 1959, and overthrew the Tutsi monarch. After a U.N debate, Rwanda was granted its independence in 1962. Eventually, over ten years later, a military group managed to get Major General Juvenal Habyarimana in power. A moderate Hutu, Habyarimana spent the next twenty years leading the country. In the early 1990s, Tutsi refugees formed the Rwandan Patriotic Front (RPF) and invaded Rwanda. After signing a cease fire with the RPF, Habyarimana agreed to sign an agreement that would allow a transition of government, of which the RPF would be allowed to participate in. Hutu extremists were outraged at their leader’s decision.Show MoreRelatedA Look at the Rwandan Genocide Essay1014 Words   |  5 Pagesare suffering and have very little hope. Genocide is the only reason. Everything could have been prevented if genocide didn’t exist. The world basically ignored the genocide and pretended like it never happened because they didn’t want to sp end the money. Thousands of people could still be alive if the world stepped up at helped the victims of this horrible crime. Rwanda used to be a peaceful country until the Civil war started. Belgium then took over Rwanda and put the Tutsis in charge of the governmentRead MoreThe Rwanda Of The Rwandan Defence Force904 Words   |  4 Pagesa lack of proper governance. Each conflict has its own individual history, perpetrators, victims and bystanders with difficult answers on how to solve them. The post-genocide nation of Rwanda witnessed one of the most horrific events a nation could experience, genocide. However, it has rebuilt itself to become an example nation for transitional justice, political stability and economic development. Rwanda’s military capabilities within the institute of the Rwandan Defence Force (RDF) are well knownRead MoreGhosts of Rwanda Essay1374 Words   |  6 PagesGhosts of Rwanda Reflection Does the Genocide in Rwanda have a singular cause? I do not believe so; the cause of genocide in Rwanda in 1994 was due to years of built up hatred between the Tutsis and the Hutus along with many other occurrences. The Rwandan Genocide is no exception with many variables contributing to the horrific events that took place. According to the documentary Ghosts of Rwanda, in 1994, Rwanda experienced a premeditated, systematic and state sponsored genocide with the aimRead MoreRwandan Genocide1017 Words   |  5 Pageshas been an interesting location of conflicts. From the conflict between Ethiopia and Eritrea to the revolutionary conflict in Libya and Egypt, one of the greatest conflicts is the Rwandan Genocide. The Rwandan Genocide included two tribes in Rwanda: Tutsis and Hutus. Upon revenge, the Hutus massacred many Tutsis and other Hutus that supported the Tutsis. This gruesome war lasted for a 100 days. Up to this date, there have been many devastating effects on Rwanda and the global community. In additionRead More Roots of the Rwandan Genocide1739 Words   |  7 PagesApril 6, 1994, Rwanda experienced a period of great turmoil as thousands of people fell victim to the horrors of the Rwandan genocide. The main targets of the genocide were Tutsis and Hutu moderates. Though the main cause of the genocide was a conflict between two ethnicities, the genocide was also fueled by political factors and social conditions. Rwanda is the smallest sub-Saharan country with a population of about 7 million inhabitants. Although the indigenous peoples of Rwanda are the Twa, theyRead MoreThe Genocide Of Rwanda s Genocide1624 Words   |  7 PagesThe Genocide in Rwanda INTRODUCTION Genocides happen when ethnic divisions become apparent. Many times, these ethnic divisions were due to colonization from people of different race. These cases are especially true in Africa when Europeans colonized their territory, with clear racial divisions between them (Gavin). These genocides go on because of nations acting on ignorance and refusing to help out the nations in turmoil, allowing the genocides to continue, without wasting their own resources.Read MoreThe Rwandan Genocide : A Perspective Analysis Through Media1166 Words   |  5 PagesJordon Jones Genocides in Comparative Historical Perspective 01:090:292:01 Professor Douglas Greenberg Final Paper 6 December 2015 The Rwandan Genocide: A Perspective Analysis Through Media â€Å"The Tutsis are collaborators with the Belgian colonists. They stole our land. They whipped us. Now they have come back, these Tutsi rebels. They are murderers. They are cockroaches. Rwanda is our Hutu Land. We must squash the infestation. This is RTLM, Hutu Power Radio. Stay Alert. Watch your neighborsRead MoreCase Study: Rwanda Genocide Essay1563 Words   |  7 PagesCase Study: Rwanda The conflict in Rwanda is probably the most well known and documented case of genocide since the holocaust. Through years of discrimination based on ethnic and class based differences, the population of Rwanda has been constantly entrenched in periods of fighting, refuge and genocide. In the following essay we will explore the background of the conflict. Specifically the historical implications, the parties involved the reasons for the fighting and the result of conflict. Next weRead MoreMedia Representation of the Rwandan Genocide1202 Words   |  5 Pagesexample of the Rwanda Genocide my argument is that representation is constitutive of the ways in which we understand the world and of the hierarchy that currently exists within mainstream media. As (Michael J. Shapiro, 1989) discussed ‘The reason for looking at representational practices in relation to texts, language and modes of interpretation is because it is through these practices that ideas about International Relatio ns are produced’. Through the media coverage on the Rwanda Genocide I investigateRead MoreRealism During the 1994 Rwanda Genocide1215 Words   |  5 Pages Realism is one of the oldest and most popular theories in International Relations. It offers a perspective about competition and power, and can be used to explain the actions between states. An example of realism is the U.S. reaction – or lack thereof – during the 1994 Rwandan genocide. All branches of realism share some central tenets. Realists believe that the world exists in a state of anarchy. Since there is not a world government to keep states from attacking each other

The Great Gatsby By F. Scott Fitzgerald - 2287 Words

The Great Gatsby- RRS Title: The Great Gatsby Publication Date: 1925 Author: Francis Scott Fitzgerald Nationality: American Author’s Birth/Death Date: September 24, 1896 - December 21, 1940 Distinguishing Traits of Author: F. Scott Fitzgerald was a novelist and scriptwriter, born in Minnesota to an Irish-Catholic Family. Due to his father’s job as a salesman, Fitzgerald and his family moved around in upstate New York until he reached the age of 12, which correlates with the scenery he sets in The Great Gatsby between the West Egg and East Egg of New York. As his life progressed, certain aspects of Fitzgerald’s life began to reflect in his novel, The Great Gatsby. When he was 15 years old, his parents sent him to a†¦show more content†¦The difference between the two is that Fitzgerald earned enough money to convince Zelda to marry him, while Gatsby earned his money in an untimely fashion, causing Daisy to move on to other men. After the completion of The Great Gatsby, Fitzgerald began to succumb to the temptation of alcohol while his wife suffered from mental illnesses. She later was admitted to a mental health hospital, inspiring the story of Tend er is the Night. Despite never achieving much success while he was alive, Fitzgerald is now regarded as one of the greatest American authors of all time. Setting: The novel of The Great Gatsby takes place in Long Island and New York during the eventful summer of 1922. On a â€Å"slender riotous island which extends itself due east of New York† (4), there are two bodies of land, identical in their egg-like shape, which are separated by a bay of water. The West Egg, the less luxurious of the two, is where Gatsby’s and Nick Carraway’s houses reside. Nick, being a modest and humble man, lived at the very tip of the egg and wedged between two grand homes. It was â€Å"an eyesore, but it was a small one† (5). To the right of his home was Jay Gatsby’s mansion, which resembled the Hotel de Ville in Normandy. His less-than-humble abode featured a tower on one side covered in raw ivy, a marble swimming pool, and a vast amount

Human Rights and Equal Opportunity Commission †MyAssignmenthelp

Question: Discuss about the Human Rights and Equal Opportunity Commission. Answer: Introduction: Garriock v Football Federation Australia[1]is amongst the recent cases of Australia which saw a claim of unlawful discrimination being brought forward by a female football player in the New South Wales Civil and Administrative Tribunal where the Tribunal held that the discrimination which had been alleged by the plaintiff was not a condition or requirement based on the anti discriminatory act of NSW. In this case, the plaintiff was Heather Garriock and the defendant was the Football Federation Australia. Heather had represented Australia in three world cups and two Olympics[2]. The plaintiff was a former Matilda, Olympian and a football player and was also the mother of Kaizen, a three year old child. She raised a complaint against the Federation for rejecting the request which she had made regarding her the costs of her child for the period during which she would be on the tour in USA, while she was offered a spot on the 3-week football tour. It was stated by Heather that the standa rd pay for the Federation in the matter of the previous tour was almost half of the child care costs of her daughter[3]. Through this tour of USA, Heather was to get an overall sum of $2,440 which included a pay of $500 for every game and a paid allowance of $1500 for the two week tour[4]. The claims made by the plaintiff were related to the conduct of the Federation regarding the indirect discrimination against her, which led to the provisions of the Anti-Discrimination Act, 1997[5] having being breached. The basis of this allegation was over the unlawfulness of the discrimination against an employee by the employer relating to the responsibility as a carer[6]. She based her claim on section 49V of the Anti-Discrimination Act for the responsibility as carer in context of employment. The key issue raised in this case by Heather was in the matter of identifying the requirements or condition related to the requirements placed before Heather by the Federation and which had to be fulfilled. The reason for this was that an indirect discrimination claim had a crucial component of indentifying a requirement or a condition. The unlawful conduct of the Federation was related to imposing the requirement or condition which was brought forward for a player in the matter of fulfilling the same, in comparison to the other players, and this was an unreasonable thing. The players were required to take the full responsibility in this case for the alterative carer arrangements for their children during the tour and also for the costs associated with it. The alternative requirement required the players to undergo the tour in which the full responsibility regarding the substitute maternal care arrangements for the child had to be borne by the player and also for the costs associated with it[7]. What was argued on behalf of Heather Garriock? And why? It was argued on behalf of Heather that the conduct of the defendant had been a direct contravention of section 49V (1) (c), 49V (2) (a) and 49V (2) (d) of the Anti-Discrimination Act due to the discrimination against her for the responsibilities as a carer in the terms of the tour which had been offered, as she was discriminated in the matter of condition of employer which the employer affords and also for the detriment of the employee. Another claim made by the plaintiff was that she was an employee of the Federation which made the pertinent sections apply on her. Though, this claim was denied by the Federation. This issue was not disputed as the provisions of section 49V applied on the people working under a contract and this was not contested by the defendant as the plaintiff was working based on a contract[8]. Heather also claimed an indirect discrimination based on section 49T (1) (b) of the Anti-Discrimination Act. It was claimed that there had been indirect discrimination on the basis of the obligations which the plaintiff held as carer since she had to obey the requirements put by the Federation, which was an unreasonable thing to do. The requirement related to the responsibility of the costs associated with the care of her daughter being imposed on her during the tour of USA. In the matter of the claims of the Federation, she rejected that the impugned were applicable on her[9]. In this regard, she highlighted Freemes testimony in the matter of applicability of these requirements as a general rule which applied on every player who took part in the US tour[10]. She made reference to the case of Hurst v State of Queensland[11] for the claim of the Federation and stated that she was the only one who had to deal with the requirements as they only applied on her. What was argued on behalf of the Football Federation of Australia? And why? The argument presented by the Federation was that the conduct which the plaintiff had claimed in this case was not covered under the sections she quoted. It was also provided that these impugned requirements had not been posed over the plaintiff at any stage and for this reference was made to the time when the plaintiff was hired and the duration of the tour in which she was engaged. This was also not a pre-requisite for the selection as member of Matilda. The argument made by the Federation provided that the full complaint had been conceived in a wrong manner since the requirement and alternative requirements were not required to be followed by Heather or by any player who was on the tour to USA. As per the defendant, they were not required to bring the child of the plaintiff on the tour or to bear the costs of bringing her to the tour. This decision was to be adhered to on the tour for the relatives and for the dependent children as this was a personal issue and was not in any mann er related to the conditions on which the players had been selected for the tour. Another point argued by the Federation was the unfairness of characterising the denial for accommodating the demands of the plaintiff for bearing the costs related to the child on tour, in the matter of the provisions of requirement covered in section 49T(1)(b) of the Anti-Discrimination Act[12]. The Federation also contended that despite the notion of Heather where the defendant was required to pay for the costs of child required as their responsibility, she had failed in showing that an industrial legislation or contract required the Federation to contribute to the costs of child care, which was an addition costs, and which she would be bearing during the said US tour. It was also stated by the defendant that there was a shortage of evidence which could be sufficient to show that the requirement had been placed on the players for fulfilling the impugned requirements. The reason for this was the plaintiff being the only person on this tour who was not affiliated to the Matildas playing contract and was the only person who had the responsibilities as a carer for a small child. The impugned requirements had also been stated in such manner that they were applicable only for the plaintiff[13]. And this was a key issue in the claims made by the plaintiff for the requirement to be fulfilled by the entire group, based on Australian Iron and Steel Pty Limited v Banovic[14]. What did the Tribunal decide? And why? The application made by the plaintiff was rejected by the tribunal in this case due to the impugned requirements not being the requirements as per the sections quoted by the plaintiff. The Tribunal went on to show that in order to form this as a requirement or a condition based on the provisions of the Anti-Discrimination Act, the employer was under a duty regarding the requirement having been applicable on every employee and not just on the plaintiff. This was based on the fact that the provisions of the act in the matter of indirect discrimination, in which the decision making party is under the obligation of deciding upon the major high proportion of a person in absence of a related feature for either complying with or being able to comply with the requirements, as compared to the person having the required characteristics[15]. For the present case it was held by the Tribunal that Heather was the only person who was required to adhere to the requirement or the alternative requirement. The remaining players on this US based tour were not under any carer responsibilities for a child and also, none of the other players had a child with them. So, based on this, the Tribunal was of the view that it could not be shown that the other players, without the carer responsibilities, had the duty for alternative carer arrangement for the period of the tour or for the costs which had to be born for doing the same. The Tribunal expressed their view that the Federation would possibly have to face a lot of criticism in the matter of this issue where the same is considered as a mean spirited thing and also presents the inflexible attitude of the Federation towards its players, based on the view of the plaintiff. However, the statute applicable here did not cover the remedy for all kinds of discrimination[16]. A comparison was drawn by the Tribunal of this case to the case of Hurst and Devlin v Education Queensland[17] which was related to the young student with hearing impairment. In this case, the students were under an obligation regarding accepting of the education and getting the instructions in English without the help of Auslan teacher or any interpreter. In this case, the plaintiff was the only student in the entire class who had these characterises which gave rise to a claim of discrimination due to his hearing impairment. The negative impact of this obligation was based on Hurt and also on all of the other students in that classroom, even when they faced no problem in conforming to these conditions. This case and the case of Heather had difference in the sense that the applicable condition of the Hurst v State of Queensland case had to be obeyed by all the students[18]. In the matter of the emails which had been exchanged between Freeme and the plaintiff, specifically in the matter of the statement made by Freeme for the same not being an obligation of the employer to pay for the costs of the child care, apart from the admission made in oral evidence regarding the simple reliance on the defendants position for a person who wanted to bring their children on the tour, to bear the costs of the children brought with them. This was enough to show that the defendant had not singled out the plaintiff and that the plaintiff had only been subjected to a common rule which was applicable on all the players. For deciding on the matter of the plaintiff being engaged in the playing contract of Matildas, a comparison was drawn to the case of Bonella Ors v Wollongong City Council[19] for identifying the base group. The composition of a group is not covered in the provisions of the Anti-Discrimination act and they have to be changed based on the particular situatio n of the relevant case. Based on the case of Commonwealth Bank v Human Rights and Equal Opportunity Commission[20] it had to be shown that the significance of the pertinent features for complying with the impugned requirements. Having being engaged in the different terms as a contrast to the other players, it could not be shown how the touring team formed an improper based group, on which the requirements could be applied in an equal manner. Thus, the claim of the plaintiff on the basis of Hurst v State of Queensland could not relate to the problem which had been highlighted[21]. In the end, the Tribunal concluded that if it gave the verdict of an unlawful discrimination against the defendant, the defendant would be unnecessarily put in a strained position, even when it adopted the most liberal interpretation of the provisions of the NSW Anti-Discrimination Act. Hence, they rejected the complaint of the plaintiff made against the defendant. Bibliography Australian Iron and Steel Pty Limited v Banovic [1989] HCA 56; (1989) 168 CLR 165 Bonella Ors v Wollongong City Council [2001] NSWADT 194 Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 Garriock v Football Federation Australia [2016] NSWCATAD 63 Hurst and Devlin v Education Queensland [2005] FCA 405 Hurst v State of Queensland [2006] FCAFC 100 Anti-Discrimination Board of NSW, Matildas childcare case fails (May 2016) https://www.antidiscrimination.justice.nsw.gov.au/Pages/legal-cases/matildas-childcare-case-fails.aspx Maddocks, 2016 In Review (2016) https://www.maddocks.com.au/app/uploads/2014/10/Maddocks-Employment-Safety-People-2016-In-Review.pdf New South Wales Case Law, Garriock v Football Federation Australia [2016] NSWCATAD 63 (2016) https://www.caselaw.nsw.gov.au/decision/5705a150e4b05f2c4f04c9c6 PCC Lawyers, Unlawful discrimination: Garriock v Football Federation Australia [2016] NSWCATAD 63 (2016) https://www.pcclawyers.com.au/news-centre/recent-law-cases/277-garriock-v-football-federation-australia-2016-nswcatad-63 RobertsonHayles, Indirect Discrimination (25 May 2016) https://www.robertsonhayles.com.au/indirect-discrimination/ Young J, Even Matildas Need Childcare: an Analysis of Garriock V Football Federation Australia (8 August 2016) https://www.corrs.com.au/publications/corrs-in-brief/even-matildas-need-childcare-an-analysis-of-garriock-v-football-federation-australia/