Problem of Protein Energy Malnutrition in Weaning Infants

Problem of Protein Energy Malnutrition in Weaning Infants This paper will examine the protein energy malnutrition problem amongst weaning children in Niger. By using secondary sources and by looking into precedent practices by different organizations to improve the situation, it will finally conclude with health promotion nutrition intervention plan which will include a collaboration and partnership with stakeholders who will as well have a great impact on the populations health determinants. For this project we will take the role of three nutritionists hired by Mà ©decins sans frontiers (MSF) to establish a best practice and protocol standardized health system in line with the solution of treatment. Firstly this paper will provide a background on the country and the subject of protein-energy malnutrition within different regions. Different existing intervention programs will be presented together with a personal health promotion intervention plan. This will be followed by the determinants that will mainly influence the program and its objectives. Secondly the strategies and practices of the intervention plan will be explained in depth. Thirdly, this project will present to collaboration and partnerships with different stakeholders in order to finally indicate how this programs is creating community capacity. Background context: Niger: Niger, or officially named the Republic of Niger, is located in Western Africa covering a surface of 1.270.000 km2 of which 80% consists of Sahara. Neighbouring countries are Nigeria, Benin, Burkina Faso, Mali, Algeria, Libya and Chad. Being landlocked it is one of the hottest countries of the world. Fifteen million people live in Niger of which only 5% in the capital Niamsey. The population density is only of 12.1/km2. The population is characterized by its fast growth rate (3rd rank worldwide) and has the number one highest birth rate and fertility rate of 7.2 births per woman which means that 49% of the Nigerien population is under the age of 15. Known also to be one the poorest countries in the world; Nigers economy has mainly been undercut by the drought cycles, desertification and the strong population growth (Niger, 2010). Protein-energy under nutrition: Protein -energy undernutrition (PEU), previously called protein-energy malnutrition is an energy deficit due to chronic deficiency of all macronutrients (which are proteins, fats and carbohydrates). In developed countries, PEU is common among the institutionalized elderly or among patients with decreased appetite. In underdeveloped countries protein malnutrition occurs because of the local diet with protein poor cereal products (Morley, 2007). The classification is determined by calculating weight as a percentage of expected weight per height using international standards. (Normal: 90-110%; mild PEU: 85-90%; moderate: 75-85%; severe: Pathophysiologically, the initial response to PEU is decreases metabolic rate. To supply energy, the body first breaks down adipose tissue or body fat. When these tissues are used up, the body may use protein for energy; visceral organs and muscle are broken down and decrease in weight. Loss in organ weight is the greatest in liver and intestine, intermediate in the heart and kidneys and least in the nervous system (Morley, 2007). Total starvation however can be fatal in eight to twelve weeks thus certain symptoms of PEU do not even have time to develop. Patients with protein-energy undernutrition often also have deficiencies of vitamins, essential fatty acids and micro nutrients which contribute to their dermatosis (skin disease) (Scheinfeld, 2010). Worldwide, the most common cause the malnutrition is inadequate food intake. Another very significant factor however is the ineffective weaning secondary to ignorance, poor hygiene, economic factors and cultural factors. The prognosis is even worse when PEU occurs with HIV infection (Niger, 2005). Protein-energy malnutrition in Niger: In Niger, the diet of most children is extremely monotonous, usually consisting of millet based porridge although the diet of older household members might be more diverse. This monotonous diet leads to nutrient deficiencies and consequently diseases such as Kwashiorkor and Marasmus develop. In 2005, a survey was conducted by MSF which stated that one child on five suffers from malnutrition. That year, the mortality rate of children under five exceeded the emergency threshold; 2 deaths per 10.000 children per day. Through the therapeutic feeding centres of MSF, the presence of doctors enabled to reduce the mortality rate to 6% that year. Care is also provided through 40 mobile nutritional care centres which allow children to be treated closer to home. Many are treated at home with ready-to-use therapeutic food (RUTF) and come to the once a week for a check-up (focus on Niger, 2006).The concept of RUTF will be explained further later. Due to weather conditions, an annual hunger gap exists between April and September when family food stocks run out and hundreds of thousands of children have little access to the nutrients they need for a healthy development (IAR 2007, 2008). The World Health Organization recorded in the 43rd week of 2009 recorded 2253 cases of moderate malnutrition and 2938 cases of severe malnutrition and 5 deaths caused by malnutrition. On yearly bases for the year 2009, 157.125 cases and 384 deaths were recorded between January 1st 2009 and October 25th 2009. 41% of those patients were diagnosed with severe malnutrition and 23% with moderate malnutrition (Bulletin hebdomadaire, 2009.) The table in appendix 1 shows the distribution of the different malnutrition diagnoses on patients in the different regions in 2009, the graph on the other hand shows a comparison to the previous years 2006 to 2009. A general decrease is noticeable but sudden peaks and lows are present as well which can be explained by the weather conditions. As in 2005, due to poor rains and severe locust outbreak, Niger registered a record grain deficit of more than 223.000 tons (Niger, 2005). Nutrition survey data and information in Niger are not compiled and analyzed well according the United States Agency of international development. Most nutrition surveys are conducted on ad hoc basis to meet the needs of varying agency objectives. Currently a joint survey by the Government, UNICEF and the centres for disease control has been conducted regionally. One of the goals of the program will therefore also be to encourage the constant recordkeeping of patients and updating the information. Determinants: Most important determinants program intends to influence: In general, protein-energy malnutrition amongst weaning children depends on many aspects of which only a few are biological. The main determinant is that this occurrence is brought upon children in difficult socio-economic conditions, such as those in Niger. Most of these factors are related to poverty which may in turn reason dietary imbalances mainly through the incapability to provide a nutritionally balanced diet. The following determinants are the main factors that play a role in this health issue: Education: The work status of the mother and her literacy rate are key in the cause of child malnutrition. If a mother had a good work status and a better education, this would reduce the probability of the child to having a poor nutritional status. The low incomes, the lack of cultivation knowledge are what may cause an unbalanced diet. Therefore, improving a mother and future mothers education will have a significant impact on their childrens nutrition. Climate/Topology: Access to food: source to drinking water. Nigers hot, desert-dominated topology gives birth to few fruits, vegetables and legumes, and serves as grazing ground for a limited amount of livestock. Consequentially, the few grains and cereals yielded by Nigers turf epitomize the rural diet. However, such produce provides only a miniscule percentage of the nutritional intake necessary, leading to varying levels of starvation and malnutrition. Family Size/Second Child Syndrome. In Niger, statistics show that 75% of girls married before the age of 18 and that 34% of them before 15. According to a source, it can be said thatsome as young as ten. Each woman has on average 7.6 children and statistics further show that there is a 1-in-7 risk of dying during pregnancy or birth (Niger, 2010). Measurable indicators that can verify whether a child is malnourished. Before creating a program which proposes a health promotion plan to reduce protein-energy malnutrition amongst weaning children in Niger, it is important to look at the measurable points that can determine whether this malnutrition is the case or not. According to the pharmaceutical company Merck (Morley, 2007); to determine the severity of protein-energy under nutrition it is important to look at the following points: Body mass Index. Plasma albumin. Total lymphocyte count. CD4+ count. Serum transferring. In the table below, many of these points are mentioned and it can be determined whether the child has a normal, mild under nutrition, moderate under nutrition or severe under nutrition (Morley, 2007). A diagnosis of whether a child has a under nutrition of protein-energy, may be based on the past eating habits of the child. Physical examinations, such as the ones in the table below aid in confirming this diagnosis: The table above clearly shows which values one has to take into consideration when assessing the severity of protein-energy malnutrition. Further research has shown that there are other ways to identify malnutrition in a child. This method, used by the UNICEF looks at ways to identify if a child of more than six months is acutely malnourished (Chamois, 2009). First, oedema (swelling) needs to be checked. This is checked by putting your thumb on each foot of the child for three seconds. If the print of your finger creates a shallow hole, then it can be said that the child has oedema. Secondly, the left arm circumference should be measured with a specific kind of measuring device a bit like measuring tape. This left arm circumference can identify according to a colour code, whether the child is very malnourished, moderately malnourished or not malnourished. From both of these identifications, there are different solutions that should take place depending on the result. Put oedema/left arm circumference picture. Other tests, as written in the article Protein-Energy Malnutrition: Differential Diagnoses Workup (Scheinfeld Mokashi, 2010)may also include: Detailed dietary history. Growth measurements. A complete physical examination is indicated. Height-for-age or weight-for-height measurements. Skin biopsy and hair-pull analysis. In order to narrow down our research for the program, the three main measurable factors will be: BMI. Height/weight ratio. Left arm circumference. Other existing programs: Until recently, malnutrition treatment has been restricted to facility-based approaches which are often miles away from rural communities and less than 40% of children with severe acute malnutrition (SAM) recover from hospital treatment. By the late 90s, many researchers knew that RUTFs were key to meaningful SAM recovery rates. In 2000 clinical trials were conducted for RUTFs administered at home. In this study, a remarkable 80% of the treated children reached their 100% weight for height goal after 12 weeks. Ready to Use Therapeutic Foods (RUTF) are high-calorie, fortified peanut butter-like pastes. Peanuts contain mono-unsaturated fats, which are easy to digest and are rich in zinc and protein: both good for the immune system and protein as well for muscle development (Therapeutic food, 2010). Peanuts are a good source of vitamin E and a powerful antioxidant that helps to convert food into energy. RUTF are also very high in calories which means that a child will get a lot of energy from just small amounts. This is very important because their stomachs have considerably shrunk. A study by the American Medical Association published recently on January 21st 2009, proved the effect of preventive supplementation with Ready-To Use Therapeutic food on the nutritional status, mortality and morbidity of children aged 6 to 60 months. Six villages were randomly chosen for intervention and six to no intervention. The results showed significant changes in weight-for-height z-score according to the World Health Organization Child Growth Standards over the 8 month follow-up (appendix 3) (Isanaka; Nombela; Djibo etc., 2009). Plumpynut, one of the examples of Ready-to-use therapeutic food is as effective as therapeutic milk products. The product does not require any additional water, cooking, refrigeration or other preparation and because there is no water in it, its conservation is relatively easy. The high energy, high protein, peanut based paste fortified with mile and vitamins. Typically comes in foil wrappers or small plastic tubes which are practical for children to eat them. During the severe nutrition crisis in Niger in 2005, plumpynut helped saved thousands of lives. Since 2005, the Socià ©tà © de Transformation Alimentaire (STA) factory in Niamey has been producing the lifesaving food. It is the only plumpynut factory in West Africa and the production has grown about 40 tons per month. Last year only the product was used to treat more than 120.000 severely malnourished children and 63.000 moderately malnourished children, allowing them to return to a healthy weight in three to four weeks. The micro nutritional content of a plumpynut is described in appendix 2 (Dolan, n.d.). A standard plumpynut treatment goes for four weeks at a cost of 12 Euros. Currently World Health Organization (WHO), World Food Program and UNICEF guidelines only recommend RUTF for severely malnourished children. Running the combat against malnutrition in Niger since 2001 (Focus on Niger, 2006); Mà ©decins Sans Frontià ¨res has been dispensing packets of plumpynuts in 22 centres in Niger since May 2005. The region in which Plumpynut was applied had the highest malnutrition rate in Niger. The region now has the lowest malnutrition rate in the country. An article in Field Exchange magazine (Wilkinson Isanaka, 2009), outlines the results of a study which addresses one of the ongoing debates concerning the treatment of infants >6m which supplemental milk is the most appropriate to use in their treatment? (Wilkinson Isanaka, 2009). Unfortunately, infants of less than six months are not always treated for malnutrition and cannot access to treatment programs until they reached six months of age. Statistics show however, that in countries like Congo, Myanmar and Niger, more than 20% of all admissions to treatment protocols are of infants less than 6 months of age. As it is very important to consider infants of this age, the aim of the treatment taking place in this article was to encourage the production breast feeding. The study was to compare two different milk supplements with a sample size of 146 infants. Results showed that it is vital to identify malnourished infants as early as possible when they are 6 months or less as breastfeeding can significantly cause weight gain and a healthier life for the baby. The strength of this program is that it involves infants of a certain age that does not always have access to treatment programs. An action plan has been researched and is currently still in process by an UN system called the standing committee on Nutrition (UN System Standing Commitee on Nutrition, 2006-2010). One of the goals of this action plan was to reduce the proportion of underweight young children by half from 28% in 1990 to 14% in 2015. In 2010 however, statistics show, that there are still 27% of children that are underweight. The article states that hunger and malnutrition are caused by poverty and ignorance, and that they will improve if livelihoods (economic growth and incomes) and education services improve (UN System Standing Commitee on Nutrition, 2006-2010). This action plan aims to establishing a global UN system where UN agencies, ministerial sectors and development actors to find a consensus, a common vision and language on the causes of hunger and malnutrition. This would be reached by wide communication and partnership building. The strength of this program is that a common interagency monitoring and evaluation strategy for food and nutrition programs should be achieved in a minimum of 20 countries in Africa, 20 countries in Asia and Latin America and in 10 other regions. In another article named Nutrition: A foundation for development created by a worker at the UN, defines key elements that bring success to nutrition programs (Shrimpton, 2002). A growth chart, that was developed in the 1960s in Nigeria has influenced todays key element for a successful nutrition program. This key element is the use of an information system that shows people whether their nutrition situation is getting better or worse. Many malnourished children look normal to their parents as they get compared to other children of the district or community. The strength of this program is that by showing the parents and children what they really are supposed to look like at their size and age will bring awareness to their everyday lives. Objectives: This program is in accordance with the objectives and targets put out by the UN System Standing Committee on Nutrition in 2006, but on a local (rural area villages) level, rather than regional and country levels. The importance of inter-organizational relationships is emphasized to ensure that the program is successful. Funding will be primarily from existing organizations in the conflict areas. The Niger Food Diet Pyramid, pictured below, is in coherence with a combination of Nigers readily available resources and the specially formulated food and liquid supplements aims to provide a comprehensible guide to the whole population in an attempt to better educate the general population about nutritional needs. One serving size is conveniently defined as one handful, proportional to each individuals size. Number of portions is indicated with a hand signalling the number in fingers; time of consumption is portrayed by the sun path ending with a moon. The base of the pyramid is water, to be consumed at least seven times throughout the day, as portrayed by the complete sun path, primarily because of the extremely hot and dry climate and topography of the country. The second level is made up of grains, starches and legumes, such as millet, sorghum, cowpeas, potatoes and, in the better irrigated areas, rice. These are recommended to be consumed five times a day, also throughout the day. The reason this food group is not above fruits and vegetables like it is in most western countries is that they are much more available than the latter in Niger, as a direct result to the climate and topography, as well as the poor irrigation provided by Nigers faultily placed rivers. The third tier up is made up of the vegetables found in the country: cassava a root vegetable corn, onions and cardoon a leafy green vegetable. Also included in this section are dates, the indigenous fruit to the country, but only to be found in the wetter, oasis-type regions. Recommended intake is twice a day, once during the day and again in the evening. The fourth tier is shared with sugar, peanuts and dairy (milk and butter). For the better part of the country, all of these items are hard to find, expensive and thus rarely consumed. Despite the scarcity, however, their nutritional value is essential to the human body at least once daily, and it is for this reason that, on this same tier, the food and liquid protein and calcium supplements such as Plumpy Nuts and ProSource, as well as calcium supplements like powdered milk are also pictured. The final tier is made up of meats, ultimately encompassing all available livestock, including cattle, sheep, goats, camels, donkeys, horses and poultry. The reason that no daily intake picture is present is that these animals are rare to find and are usually used for either for their milk/eggs or as a means of trade to access the other food groups. The goal is to have the pyramid posted at all mà ©decin s sans frontiers, UNICEF and WFP locations in Niger by the end of the current month. The short-term objective is to eliminate mortality of weaning infants in Niger. This program will be attempted by simultaneously training infants to breast feed and nursing poorly nourished mothers to health, for all mother-child patients that arrive at the existing MSF ambulatory and therapeutic feeding centers, in collaboration with UNICEF and WFP. On a case by case basis, this initiative should prove to be quite successful. If effectuated properly and supported by the local population, it should reduce infant mortality due to protein-energy, undernutrition-related causes significantly in its first year, and eradicate it completely by 2015. The long-term objective is to ultimately end undernutrition in Niger by targeting future mothers, primarily through education adapted to illiterate women with visual aids and hands-on workshops. This knowledge approach aims to provide a more comprehensive understanding of the human body and how to treat it. It would, in due course, allow the region to develop in a more healthy way, through a three workshop series on nutritional needs, sexual education and female empowerment to Nigers women, adapted for the 10-18 year old adolescent female population, to refocus from young adult and adult, post-malnutrition efforts, and go straight to the source. If the program is a success, family sizes should halve within 10 years, jointly reducing the number of undernutrition cases in the country. Additionally, this program thrives to initiate a womans movement that would allow a healthy development of rural communities. Strategies and activities: Only through the intake of necessary proteins and a reduction of overall malnutrition in both mother-to-be and child will the vicious cycle of poverty as it presents itself in Niger be broken (The World Bank, 1997). Despite MSFs attempts at teaching Nigers women about the importance of breast milk to an infant especially during the first 6 months of its life, allowing it to build up its immune system and avoid malnutrition all together many mothers are in such poor health that they resort to water (OneWorld, August 2009). Breast-feeding is not only fundamental for infant nutrition but also for reducing female fertility as it suppresses the responsible hormone and helps the post-birth uterus contraction, reducing future delivery complications (Figueroa, 2002). The short-term program, in line with Michael Goldens production line approach, will take place at the MSF ambulatory and therapeutic feeding centers already present in Niger and will be set up as follows (OneWorld, August 2009): Dehydrated mother and infant enter the center. Mother administered food and liquid to augment milk production. Infant sucks on tube delivering milk formula attached to mothers nipples, simultaneously teaching it to feed and stimulating milk production. When mother is restored to health and quantity/quality of milk is adequate, mother and infant leave the center and mother continues breast feeding for a recommended period of five months, her health closely monitored. Weekly check-ups and a continuous supply of necessary food and liquid are provided. Essential to the development and sustainability of the state is the eviction of malnutrition among the population, especially concerning the younger generation. This long-term program focuses on providing the necessary steps to improve pre-pregnant adolescent girls nutritional status thus allowing a future fetus to develop into a healthy human being in addition to a more concrete understanding of sex and female empowerment. It will be taught in a series of three workshops. Michael Goldens protocol, as demonstrated in his work in Ethiopia, appears to be aimed at the treatment of as many cases of malnutrition as quickly as possible. It is based on the efficiency of an industrial production line. Goldens five steps to ridding the World of Malnutrition (UNICEF, August 2003) can be described as an industrial revolution for the malnourished child. It does not focus on long-term improvement of the situation and cycles provoking such malnourishment but it does allow for immediate results. Thus, other programs and organizations can step in on a more long-term basis to provide education and actual diet balance. This is where the distinction for this long-term program needs to be made as it will serve as a second step in rural areas that are already receiving food and malnutrition aid through other domains, whether it is from the short-term program provided by this organization, or that of another. As much as education is essential to the elimination of malnutrition, food and sex are more important according to Maslows hierarchy of needs, see Figure below. The latter is situated at the bottom tier, namely Biological and Psychological Needs, whereas the former is categorized under Cognitive Needs, four tiers up. A balanced diet does not particularly concern a human being without food; he or she would rather just have food to begin with. Once they are less hungry, and have regained a bit of hope, they can be sat down and talked through the Niger-adapted food pyramid that has been constructed solely with pictures to provide a complete, visual outlook of what proper nutrition requires. Sexual education in Niger will pose as another difficult challenge, especially when the focus is on individuals in rural areas. Not only are the vast majority of women illiterate, but approximately 90% (Buckens, 2009) of the countrys population is Muslim. Hence, a visual method needs to be used to teach sexual education without offending the local population. Firstly, medical professionals, either doctors or nurses, will always be responsible for providing the classes. Studies have shown that they are among the most trusted and that their presence would allow a bit more flexibility in what can and cannot be shown. Secondly, visual aids must be clearly understood without having to provide graphic sexual images. The program needs to refrain from comparing human sex to reproduction in animals as this may also pose as an offence. Thirdly, the program will be segregated for men and women, to allow a more comfortable, gender-specific approach. No woman will be forced to participate; howeve r, they will be given the incentive to, as complimentary food and liquid nutritional supplements will be part of its foundation. Partnership development: In order to achieve or short term and long term objectives to reduce protein-energy malnutrition amongst weaning children in Niger, one has to consider the development of a partnership to maintain positive results. As nutritionists working for Mà ©decins sans Frontià ¨res, our goal with this program is to continue generating positive outcomes. Many international organizations such as UNICEF, UN agencies, World Food programme, together with MSF have been collaborating closely with the government of Niger and non-governmental partners on the ground. The existence and execution of the proposed program cannot be realized without the cooperation of different organizations and thus only excellent relationship between them can guaranty the success of the program. Therapeutic feeding centres in Niger provide nutritional and medical treatment for children between the age of six months and five years suffering from severe malnutrition. The five feeding centres in Niger are in Maradi, Dakoro, Keita, Tahoua and Aguie (MSFS response, 2005). In July 2005, international aid agencies prepared to distribute supplementary food rations at the therapeutic feeding centre in Maradi. Fearing that nobody would show up, the aid workers spread the word in the nearby villages. The modicum of mobilization led to a near riot as hundreds of women crowded in desperate to obtain food (Tectonidis, 2006). Such a scene points out to which extent the problem of malnutrition is present amongst the population. During the crisis year 2005, when nutritional emergency was caused by drought and an infestation of locust in the previous year, malnourished children began pouring into the therapeutic feeding of MSF. Until then, malnourished children were routinely hospitalized in therapeutic feeding centres but because of the substantial resources required, it has been impossible to open sufficient number of beds during emergency periods (the yearly hunger gaps)(Tectodinis, 2006). Today with the presence of ready-to-use therapeutic food such as Plumpynut, more severe cases can be accepted at the centre while the moderate cases will be send home with solid therapeutic food and will come back weekly for check-up but without having to be hospitalized. Most children treated in a stabilization unit do survive but are soon discharged to an outpatient program (Tectodinis, 2006). The TFCs will also help teach parents about proper nutrition until they gain respite from poverty (Bamford, 2008). In a study comparing therapeutic feeding centres and ambulatory care centres by the department of Health services at the University of Washington, the authors concluded the ambulatory rehabilitation to be more cost-effective (Chapko, Prual, Gamatià © etc; 1994). Mà ©decins sans frontiers. MSF is an international humanitarian aid organisation which has been setting up emergency medical aid mission to populations in danger in more than 70 countries around the word since 1971. Where health structures are insufficient, MSF collaborates with other organizations and local authorities. MSF works in rehabilitation of hospitals, dispensaries, vaccination programmes and water and sanitation projects. MSF seeks also to raise awareness of crisis situations and to address any violations of basic human rights (about MSF, 2005). In 2005, Niger represents one of the largest malnutrition-treatment programs in Mà ©decins sans frontiers history: a capacity of treating 20.000 severely nourished children per year, five therapeutic feeding centres and 25 ambulatory centres, representing a budget of around â‚ ¬10 million. UNICEF: Unicef, the united nations childrens fund, is the driving force that helps build a world where the rights of every child are realized. UNICEF, present in 190 countries, believes that nurturing and caring for children are the cornerstones of human progress and was created to overcome obstacles of poverty, violence, disease and discrimination on a childs path. Upholding the Convention on the Rights of the child and as part of the Global Movement for Children, UNICEF strives for peace and security and work to hold everyone accountable to promises made for children (who we are, 2008). UNICEF Niger is assisting most

Teachers Behavioral Attitude and Its Effect on Students Academic Performance

Section 1 1. 0 Introduction Learning is a lifetime process. Continues learning equips one as a student with a larger mastery of knowledge, a broader understanding of facts, a larger repository of wisdom, and a better insight on life that will make better individual responsible and upright human beings. On process of learning, students or learner is the center of education. Studying their different aspects of a student and their ways on attaining such goals will be of great impotance. As such, the extent of student’s learning in academics may be determined by the grades a student earns for a period of learning. It is believed that a grade is a primary indicator of such learning. If a learner earns high grades it is concluded that they may also have learned a lot while low grades indicate lesser learning. However, many experiences and studies found out that there are also several factors that would account for the grades. No single factor can be definitely pointed out as predicting grades. It has been interplay of so many factors – gender, daily allowance, social status, time and interest. In fact, almost all of existing environmental and personal factors are a variable of academic performance. Measuring of academic performance of students is challenging since student performance is a product of socio-economic, psychological and environmental factors. However, base on Bradley's (1978) hypothesis that the individual are motivated to take credit for their successes and to deny responsibility for their failures in order to protect or enhance their self-esteem. Hence Bradley notes that students’ rating is a function of both their attitude and the interaction between them and their teachers. This may be in the sense as suggested by Meighan (1978) that the students perceived teaching as more important than learning and teachers' activity as more central than pupils'. This of course contradicts the official rhetoric of educational writing and debate that makes the claims for the pupils' welfare as the central focus, Meicghan argues further(Meighan 1978,86). Goos (1982) also found out that many students over the years develop a negative attitude not only to school and subject materials, but also to teachers in general. Such students often find it difficult to relate to teachers and more often they attribute many of their difficulties to â€Å"poor teaching† and â€Å"rotten Instructors† (Goos 1982,121). Base on the above assertions, this study therefore aims at finding the factors, which are responsible for student’s inelastic behavior towards study along with identifying those factors, which help a student to make progress in his studies with specific emphasis on teachers’ behavioral attitudes as it affects students’ academic performance. . 1 statement of problem On attaining Independence status as a nation in 1960 what seemed a major concern to most Nigerian leaders then was how education would be accessible to all citizens of the newly created nation. Education was seen as the necessary instrument immediately and essentially for the consolidation of the independence, for securing the new nation against neocolonialism and for making workable the newly establishe d self government in a multi-ethnic society. Mass education, at least to the level of literacy, was also seen by the Nigerian leaders to be necessary to create a proper foundation for a democratic government (Best, 1984) The desire to use education for nation building was (and is still) very compelling and so much was the faith in education that the schools of the nation were not only meant for political socialization but also for other social functions like education and for economic growth. Despite the commendable motives which seemed to justify the very â€Å"high cost of the expanded education programmed of the late Nigeria, most Command schools in Nigeria are not really effective engines for the diverse functions for which they are set up. The performance of the schools as attested to by the academic performances of the students especially at the secondary school level have been rather very disappointing. The situation actually tends towards threatening the future of the schools. Apart from command schools, the reports of the many studies and surveys (for example, the 1980-1984 Statistics of Education by the Federal Ministry of Education, Lagos report published in the Times Publication (Nigeria) of September 15, 2006 and the one in the Nigerian Guardian of February 2, 2009) and the many recent editorials in many Nigerian dairy newspapers all point to the academic performances of Nigerian secondary school students which have been on the decline for some times now. This declining trend has become a concern for the researcher. As a matter of fact many soldiers living in the Barracks would rather prefer to enroll their children in to civilian schools than to send them to command schools at a relatively cheaper rate. The failure of command schools is thus indicating that the health and the well-being of the future of these schools may be in jeopardy. It therefore becomes a concern to the researcher as to the reason why students’ performance have been in continuous decline despite the improvements and advances learning facilities that are now available in our age. Although the researcher may not be able to cover a larger portion of the subject matter’ he however hopes that this study will expose him to a larger scope for future research. 1. 2purpose of study During the past several years a number of valuable studies have been added to existing body of knowledge developing various models to assess the student performance however most of the studies relied on the advanced developed societies as their setting. This study therefore aims at 1. Determining the factors that affect the academic performance of secondary school student specifically in our context and particularly in Command secondary schools. 2. Determining the effects of teachers’ behavioral attitude on academic performance of students. 3. Determine to prefer possible ways in which students’ academic performance can be improved through a healthy teacher-student relationship. 4. And finally to quantify the relationship between the different factors that are considered responsible or affecting the students’ performance and also providing bases for further researches regarding student performance. . 3scope of study This study focuses on investigating teachers' behavioral attitude and its effects on students’ academic performance. The scope of this work will be limited to three command secondary schools in Lagos. A survey will be conducted to collect information and responses of students, and teachers regarding factors affecting their p erformance. However it should be understood that the researchers would not by any means try to cover all the ariables that can influenced students’ academic performance hence the focus is on investigating teachers’ behavioral attitudes and how it can affect the education and performance of students according to needs and requirements. Literatures will also be reviewed on different factors that are expected to influence the student performance. 1. 4Significance The major contribution of this study lies in the demonstration of a large impact of the role of teachers on students’ performance. The researcher also believes that by focusing on different factors that influence students' performance, this will help teachers to improve on students’ academic performance by creating a healthy students-teachers relationship This study will also act as an antidote for the researcher who hopes to be a lecturer in command schools in future hence it will guide him on how to develop his character so as to make relevant impact on the students whom he will be opportune to teach. It will also serve as an addition to existing literatures in the library 1. 5Limitation of Studies As it is often said, â€Å"there is no perfect research† so it may likely be with this research work. It is important to note that there are several factors that can affect a students’ academic performance. To embark on such a scope of work is still beyond the researcher’s capacity at this level hence only a single factor among the numerous factors that affects students academic performance will be researched into. Base on this the researcher will have to recommend other areas for other people to research into or may have to further research into them in the future. It is also possible that some of the factors that have received significant attention in existing literatures will prove to be only weakly related to student performance in this study. Section 2 2. 0 Literature Review 2. 1 Introduction Education is the most essential factor and the pride of every nation. As such the future of any country is greatly determined by the quality of its educational sector. But it is rather unfortunate that the educational system of Nigeria today seem to have been just a caricature of what it ought to be. This has been blamed on a number of factors such as poor instructional strategies by the teachers. That is, the students probably perceived teachers' instructional strategies or generally the teacher-pupil relationship or inter action through the medium of instruction more importantly for their academic success than any other school-related factor presented to them. The emotional climate for learning provided by the teacher whether in the attitude or considered by the student will be more highly valued than any other factor in the school which may have effect on the academic achievement. Hence the researcher will in this chapter review literatures on factors that affect students performance. 2. 2 Students-Teachers Relationship and effects on Academic Performance All of the research reviews support the hypothesis that student performance depends on different socio-economic, psychological, environmental factors. The findings of research studies focused that student performance is affected by different factors such as learning abilities because new paradigm about learning assumes that all students can and should learn at higher levels but it should not be considered as constraint because there are other factors like race, gender, sex that can affect student’s performance. (Hansen, Joe 2000). Some of the authors even tried to explain the link between students achievements, economic circumstances and the risk of becoming a drop-out that proved to be positive (Goldman, N. Haney, W. , and Koffler, McDill, E. , 1989, Levin, H. , 1986) B. A Chansarkar and A. Mishaeloudis (2001), explained the effects of age, qualification distance from learning place etc. on student performance. On the contrary, Yvonne argue that the performance of students on the module is not affected by such factors as age, sex and place of residence but is associated with qualification in quantitative subjects. It is als o found that those who live near the school perform better than other students. Yvonne Beaumont Walters, kola soyibo,(1998) further elaborated that student performance is very much dependent on socio economic back ground as per their statement, High school students’ level of performance is with statistically significant differences, linked to their gender, grade level, school location, school type, student type and socio-economic background. Kirby, Winston et al. (2002) focused on student’s impatience (his time-discount behavior) that influences his own academic performance. Goethe found out that weak students do better when grouped with other weak students. As implied by Zajonc’s analysis of older siblings (1976,27) it shows that students’ performance improves if they are with the students of their own kind. There are often different results by gender, (Hoxby’2000, 96). Sacerdote (2001) finds that grades are higher when students have unusually academically strong room-mates. The results of Zimmerman (1999, 2001) were somewhat contradictory to Goethe idea but again it proved that students performance depends on number of different factors, it says that weak peers might reduce the grades of middling or strong students. (Alexander, Gur et al. 974; Fraser, Beamn et al. 1977) explained that some of the practices adopted by college administration in higher education like residential colleges or organized study groups also help to increases performance. Keeping in view all of the variables discussed by authors one discovers that they are just uncountable factors and projections that have been made regarding students academic performance. Again Maclean's (1966) claim is consisted with this view in the statement that poor teaching methods and too much emphasis on unrealistic curricular objectives and contents may cause emotional block to learning. . 3 School Characteristics that Affects Students Academic Performance School-related characteristics which seem to have been ranked more highly than any other, is inade quate resource materials for teaching. Although this group of characteristics was ranked as number one by the many authors this nevertheless is an indication that the respondents of this study perceived this group of characteristics as the one that affect pupil academic performance the most. Inadequate resource materials for teaching are indeed a major problem in Nigeria. A Nigerian Times Publication of September 15, 1990 reported findings of a research commissioned by the World Bank and the British Overseas Development Administration stating that many institutions in Nigeria do not make available to school pupils textbooks, appropriate reading materials, library and laboratory facilities. The perception of a situation of this nature as having the most effect on pupil academic performance or as responsible for the high rate of academic failures among students is supported by Maclean's (1966, 32) who claim that difficulties expressed by failing students may be due to lack of material information for learning. A supposedly learning environment devoid of necessary learning materials will definitely result into learning difficulty and hence failure by the learner. Section 3 3. 0 Methodology 3. 1Introduction In this chapter the researcher will present the method that will be used in the course of this work. Amongst which is the population, sampling, procedure, validity, methods of data analysis and the administration of instruments. The researcher will use the descriptive method to gather data on how the behavioral attitude of teachers can affects the academic performance of students. To achieve his goal, the researcher will employ both the primary and secondary methods of data collection. For the primary method, questionnaires will be developed and distributed amongst teachers and students of three selected school in the army command secondary schools. Meanwhile, the secondary method of data collection will be based on review of literature in the libraries. Views of various authors will be examined and analyzed so as to understand their opinions on the subject matter. 3. 2 Research Instruments In order to sample the opinions of the targeted audience, the researcher will employ the primary method of data collection. Interview questions will be framed and questionnaires designed by the researcher and modified by the supervisor to sort the desired goal. A total of 120 questionnaires will be designed to sample the opinions of respondents. The questionnaires will be distributed in equal proportion to both teachers and students of the three selected command secondary schools in Lagos. Meanwhile the oral interview will be conducted only among the principles of these schools. 3. 3 Research Designs The questionnaires will be divided into three major parts. The first part will aim at collecting personal data of the respondents. The second part will contain major questions demanding for the respondents’ opinions on the subject matter. The questionnaire will comprise both structured and unstructured questions. The unstructured (open-ended) questions will enable the respondents to freely express their own opinions without being guided by anyone. 3. 4Administration of the Instrument Being a soldier who has lived and served in some of these schools, the researcher has obtained permission from the authorities that are to carry out this research work in command secondary schools. The principles of these schools and some teachers have also promise to give their maximum support to enable the researcher achieve his goal hence; the researcher will personally with the assistance of the principles administer the questionnaires to the respondents. 3. 5 Validity and Reliability of the Instrument. To ensure the authenticity and credibility of the instruments, the researcher with the assistance of the supervisor will carefully and designed the instrument so as to enable the respondents to express their minds without biases. 3. 6 Population of Study The population of study in this work will constitute of three selected ommand secondary schools in Lagos among who are students, teachers, and the principles. It this these group of person whose opinions will be sample in this work. 3. 7 Population Sampling The researcher will target one hundred and twenty (120) persons from the three selected schools. Out of the total population, the researcher will sample the opinions of t en(10) teachers including the principal of each of the schools. Meanwhile the rest of the questionnaires will be served only to final class students of the schools- thirty (30) questionnaires to each class of the three schools. The researcher believes that these classes of persons are mature enough and so will be able to respond to the questions wisely. REFERENCES Bacharach, S. B. Bauer, 1986. The work, environment and the school. Teachers College Record. USA Winner Press. Best, J. H. 1984 Reforming America's schools: the high risks of failure. USA. Teachers College Bradley, G. W. 1978. Self-serving biases in the attribution process: a re-examination of the fact or fiction question. Journal of Personality and Social Psychology Chansarkar B. A. and A. Michaeloudis 2001. Student profiles and factors affecting performance New Jessie math. educ. sci. technol. Int. Gordon c. Winston, David 2000. Student Performance and Student Growth as measure of success: New Orleans, Louisiana. The American Educational Research Association, Little, L. F. and Thompson, R. 1983. Truancy: how parents and teachers contribute. ________ Lockheed, M. E. and Komenan, A. 1989. Teaching quality and student achievement in Africa: the case of Nigeria and Swaziland. Nigeria. Emann Press Ltd MacLean, I. C. 1966. Child Guidance and the School. London: Methuen & Co. Ltd. Marsh, H. W, 1985. Self-serving effect (bias? ) in academic attribution: its relationship to academic achievement and self-concept. Journal of Educational Psychology in Nigeria. Meighan, R. 1978. A pupils' eye view of teaching performance. Educational Review. Nigeria. National Open University. Okebukola, P. A. and Jegede, O. J. 1989. Determinants of occupational stress among teachers in Nigeria. Ilorin. Educational Studies Dpt Reinhart, M. H. 1976. Children -in conflict: education strategies for the emotionally disturbed and behaviourally disordered child. Mosby, St. Louis. Sacerdote, Bruce. 2001. Peer effects with random assignment: results for dartmouth roommates The Quarterly Journal of Economics, Vol12 Rowe, K. J. and Sykes, J. 1959. The impact of professional development on teachers self conception. Teaching and Teacher Education. Kenya. Max Inc. Thompson, S. and Standfort, D. (1975). Student attendance and absenteeism. The Practioner Wehlace, G. G. and Rutter, R. A. 1985 . Dropping out: how much do school contribute to the problem. Teachers College Record. U. S. A. Boxter Press

Ruthless Ielts Essay Task 2 Band 9 Samples Strategies Exploited

Ruthless Ielts Essay Task 2 Band 9 Samples Strategies Exploited You may also opt to attempt task 2 first. In the sentence, there's only one idea that's explained fully. While this occurs, do not panic. Writing requires wide academic vocabulary especially once you own a time limit. The writing tasks have a word limit and be sure you write more than the minimum word limit since if you don't compose the minimal words required, you'll be penalized and lose marks. The writing section has two tasks and you must finish both tasks in one hour. Spellings A great deal of students make spelling mistakes even if they know the right spelling. Gradually, you are going to be in a position to talk at that pace naturally. Word limit You ought to take care of word limit when writing. There are a couple of tricky questions in which not each of the details are true. Here are a few of the bonuses you may expect to get from a casino. While numbers are usually simple to locate, with keywords you need to use your memory to get the approximate location in which you read that earlier and then search for the word being discussed in more detail. Make certain you spell words correctly and recheck once it's written. Don't panic if you run across unknown words. You are able to too replace the fundamental words you've used with fancier versions of them. Range indicates a significant number of or a massive quantity of. Convenience was the main goal whenever the Kilt Kit was designed. Whatever you need to do is be positive that the illustrations are important to the principal notion. There's also a practice quiz. Exhibits are among the few cultural activities they may enjoy at no charge. Locating a cheap NFL jersey has been a daunting job for a lot of the hardcore fans no matter the team they support for. You are going to learn how to select the test before taking the actual test. Thus, it's the ideal choice to purchase from the stores immediately. A shadow box is an excellent method to display larger dog-related items that won't match in a normal frame. The Most Popular Ielts Essay Task 2 Band 9 Samples Together with the UK Essay Help undergraduates can't be worried about the time but delight in a complete life. You need to have the ability to paraphrase the issue to compose an introduction. The sole thing that you ought to be listening from the instruction is the way far you ought to read the questions and answers. So yeah, I believe it is completely possible for us full time employed people to get ready for IELTS in short moment. It's a remarkable way that will help you to get ready for the test. Since the CELPIP test is entirely computerized so that it becomes simpler for the candidate to keep tabs on the time remaining whereas in IELTS it's paper-based, it's a little cumbersome to keep an eye on the moment. Next important aspects considered for grammatical range are the kinds of sentences that must be included as part of the writing section. I am very pleased I managed to assist you reach this goal and I hope you may continue at this level later on. To conclude, although nuclear technology could serve as a clean and inexpensive supply of energy, I strongly disagree with this. On the flip side, there are two primary solutions to address the problems described above.

THE LEGAL SYSTEM AND THE COURTS - Free Essay Example

Sample details Pages: 8 Words: 2289 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? TOPIC 10 THE LEGAL SYSTEM AND THE COURTS 10.1 THE LABOUR COURT 10.1.1The Director-General 10.1.2Appeals 10.2 THE INDUSTRIAL COURT 10.2.1Employment Disputes 10.2.2Composition of the Industrial Court 10.2.3Reference by the Minister 10.2.4The Jurisdiction of the Industrial Court 10.3 JUDICIAL REVIEW IN THE HIGH COURT TOPIC10 THE LEGAL SYSTEM AND THE COURTS 10.1 THE LABOUR COURT The court is only an arbitrator instead of a court of law which is empowered by the Employment Act 1955. Under this Act, the Labour Department under the Ministry of Human Resources bears the responsibility to make sure that the employers and employees follow the Employment Act 1955. It has the power to investigate and to resolve any dispute arising between the employer and employee (Part XIV and XV of the Employment Act 1955).. Don’t waste time! Our writers will create an original "THE LEGAL SYSTEM AND THE COURTS" essay for you Create order To put it in a nutshell, the department performs its judicial function in resolving disputes between employer-employees such as hearing and resolving the dispute at the departmental level. Such process would be the à ¢Ã¢â€š ¬Ã…“labour courtà ¢Ã¢â€š ¬Ã‚  and its decision would bind the parties involved in the dispute. In situation where the parties are unsatisfied with the award made by the Labour Court, appeals can be made by them to the High Court on condition that questions of law are involved.[1] (section 76). 10.1.1The Director-General The Employment Act 1955 confers the following powers to the Director General: Table 10.1:Powers of the Director-General conferred by the Employment Act 1955 No. Powers of the Director-General conferred by the Employment Act 1955 1. s.69 of the Employment Act 1955,empowers the Director General to inquire and to decide any dispute between an employer and his or her employee on issue of wages or other payment under a contract of service, this Act or the Wages Council Act 1947.[2] 2. s.69(3)provides the power for the Director-General to inquire, to confirm or to set aside any decisions made by the employer on condition that the employee suffers losses from it. Such power can only be used if the employee made a complaint to him.[3] 3. s.69(4)provides that the failure by any party to comply with the decisions made by the Director-General is an offence and would be liable for a fine not exceeding RM10,000 on conviction.[4] 4. s.70 and 71 of the Employment Act 1955talks about the procedure of inquiries that must be followed by the Director-General[5] and the records of inquiries needed to be maintained by him[6]. In situations where several parties made the same complaint, then the Director-General can make a joinder of the complaints in one complaint.[7] 5. Unders.75, the Sessions Court has the power to enforce any orders issued by the Director-General provided that such order has not been complied with. The enforcement of such order can be made on condition that there is no sale of immovable property involved. The Director General may also submit any question of law to the High Court if he thinks that it is important to do so. [8]. 10.1.2Appeals Section 77 provides that if there is any dissatisfaction with the decision or order made by the Director-General, an appeal can be made to the High Court[9] and the appeal rules insection 4 of the Subordinate Court Rules Act 1955 must be followed.[10] If the employer is believed to have absconded to avoid paying the wages, the employee can summon him (section 78).[11] Even in situations where there are no complaints made by any parties,section 79gives the Director-General the power to make inquiries concerning any possible offences under the Act and may summon any person whom he would have reasons to believe that the person could provide information.[12] 10.2 THE INDUSTRIAL COURT The Industrial Court was formed under the Industrial Relations Act 1967 and acts as an arbitrator in resolving trade disputes. Under Section 2A Industrial Relations Act 1967, the Yang di-Pertuan Agong can appoint a Director General and the Director General would have the powers to the general discretion, control and supervision on matters related to industrial relations.[13] The power of the Director-General of the Industrial Relations Department in resolving disputes between the employer and the employee at the departmental level is vested under Part V of the Industrial Relations Act 1967. Either the employer or the trade union can made references to the department. Even in situations where no complaint is being made, the Director General may commence the reference on the ground that he believes that it is necessary for him to intervene to resolve such dispute or otherwise the dispute would remain unresolved. The Director General will make a report to the Minister in situations wher e the dispute cannot be resolved and in turn the Minister will refer the case to the Industrial Court. Part VII of the Industrial Relations Act 1967 provides further provision regarding the Industrial Court. 10.2.1Employment Disputes Cases relating to employment dispute will be refer to the Industrial Court by the Director-General. This issue had been addressed by the Industrial Relations Act 1967 as virtue to section 2[14] à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦any dispute between an employer and his workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any such workmenà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  Trade disputes could take place when the trade union had failed to establish a consensus of view and demand with the employer on the behalf of the employee, this could also take place with a line of counter claims from the employer. Such failure of consensus could take place on the ground of difference in opinion between the trade union and the employer, or the employer had went back on his enforcement of an agreement that should had been compelled. As regard to dispute arising from the definition of agreement, it will be considered as a trade dispute thereaf ter the industrial court will come into the picture. 10.2.2Composition of the Industrial Court The minister has the jurisdiction to refer cases to the industrial court provide that the dispute could not be resolved at the departmental level. However, the referring of cases can only take place with alliance of a report of the Director-General as virtue to s.26 of the Industrial Relation Act 1967. The hierarchy of the Industrial Court is chaired by the President or Chairman appointed by the Yang di-Pertuan Agong and also members of the panel as shown in Figure 10.1 . Figure10.1:Constitution of the Industrial Court The chairman can appoint other member which he deems suitable to take over his duties, to be substitutes during his absence or incapacity. In these below situation, the court may still proceed with any trial without being concerned of the non-existence of members, or even the lack of sufficient member, and if the members concerned are obligatory the court can appoint other person to represent these members. 10.2.3Reference by the Minister Section 26(1) provides the discretion of the Minister to refer any dispute to the Court upon the communication of both the trade union and employer whom are the parties to the dispute.[15] Upon such power, the Minister can refer any matter to the matter if he deems it to be ad hoc to do so.[16] If such dispute involved a government departments or statutory bodies, then the Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s own motion shall not be enforceable not pertaining that the consent of the Yang di-Pertuan Agong or the state authority was obtained. However in situation whereby the case had been referred to the Industrial Court by the Minister himself, the interception of other courts shall not be allow, as virtue to the following case: Perkara Permohonan oleh Sreedharan (1974), the applicant was terminated by the employer. The Minister had ordered for matter to be investigated and crux out that the matter shall be place before the Industrial Court with reference to Section 16A(9) of the Industrial Relations Act 1967.[17] However, the applicant had submitted an application for certiorari order to the High Court to obtain injunction against the continuation of proceeding of the Industrial Court on his case. However, such application was rejected on the ground that the Minister had the absolute power to refer the said matter to the Industrial court. In a proceeding, the person in the matter can be represented either by he himself or by his trade union.[18] Similarly for the employer, he could be represented by officer or even the employer union. If there is a contingent upon the representation in any proceeding, the President or the Chairman shall have the final say. 10.2.4The Jurisdiction of the Industrial Court Section 29 of the Industrial Relations Act 1967,provides for the jurisdiction of the Industrial Court as shown in Figure 10.2. Figure 10.2:Powers of the Industrial Court The Act itself frees the court from the technicalities experienced by the ordinary courts. This judicial power in turn allows the court to quickly settle the issues between the employer and the employee. There are two cases which demonstrate this judicial power: First, in the case Hotel Jaya Puri Bhd v Kesatuan Kebangsaan Pekerja-pekerja Hotel, Bar dan Restoran dan seorang lagi[19], the question raised here concerned the workers as to whether they were employees to the restaurant or the hotel itself. By justifying that the workers themselves counted as substantive and material to the hotel, the Industrial Court thus held that they were workers to the hotel, in which in the end, compensation was paid by the hotel to the workers for their unwarranted dismissal. In an appeal by the hotel to the High Court, the High Court then reasoned under section 29 that the Industrial Court has their own discretion to such matters. By this reasoning and also demonstrating the inherent powers of the Industrial Court, the hotelà ¢Ã¢â€š ¬Ã¢â€ž ¢s appeal that the Industrial Court was wrong in their application of the law was turned down as the High Court did not want to involve themselves in the matter pertaining to the Industrial Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction. Even then, such judicial powers do not exempt them from following the rules of natural justice and ensuring that the trial is a fair one, as such, it is still required to make a decision based on the arguments on both sides without a sense of biasness towards one side. This rule is known as Audi arteram partem. The second case to be discussed here is the case of Perkara Permohonan oleh Kesatuan Syarikat Omnibus Sdn Bhd[20]. Here, the rule of Audi arteram partem was challenged by the appellants when they claimed that the Industrial Court was unfair in their decision because their views were not accepted as much as the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s. The High Court, in this appeal case, held that the Industrial Court has the power and authority to discard evidences in which they consider to be immaterial or unconnected to the issue at hand and this can happen after the Industrial Court had spent days listening to evidences and arguments on both sides. In the end, the parties involved are expected to concede to their judgments. However, even though it is equipped with such discretion, the Industrial Court may still refer to the High Court on matters pertaining to questions of law. This is provided under section 33A of the Industrial Relations Act 1967 where if the gravity of the award is of the highest priority. As in the two cases above, no party may challenge in any court the judgments of the Industrial Court. 10.3 JUDICIAL REVIEW IN THE HIGH COURT If the power of the Director-General under Part XV of the Employment Act or if the power of the Industrial Court under the Industrial Relations Act are violated, then the proceedings initiated by the Industrial Court can scrutinised in the form of judicial review. An example of this is when the Industrial Court has made a judgment by means of which they have no authority to do so, i.e. acting ultra vires. In such situations, the extreme decision of the Industrial Court can be quashed by means certiorari. The table below shows the situations where the Industrial Court has acted outside their power. No. Situations Giving Rise to Ultra Vires 1. When the majority in the Industrial Court is inadequate as required under s 22(1) or the consent of the parties are not given. 2. When the Industrial Court itself does not have the power in a particular issue. For example, under section 26 of the Industrial Relations Act, the power to refer lies with the minister or matters pertaining to trade union disputes can only be heard by the Industrial Court[21]. 3. When the actions of the parties are too much or they have acted too inadequately in reference to their given powers. An interesting note here is that the matter of the Industrial Court questioning the cases referred to them by the minister has only risen since 1985. Before that, the Industrial Court had heard and made a judgment on every case given to them by the minister. A case which demonstrates this point is ofAsia Motor Sdn Bhd and Cho Mai Sum[22]. Here, a reference made by the minister regarding the applicantà ¢Ã¢â€š ¬Ã¢â€ž ¢s status as an employee was challenged by Asia Motor due to the fact that à ¢Ã¢â€š ¬Ã‹Å"employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢ did not follow the definition set out in the Act. In an explanation, Salleh Abbas who was the Federal Court judge then said that it is not the obligation of the Industrial Court to hear on matters given to them by the minister specifically when it is not within their power to do so. CASES TOPIC 10 Asia Motor Sdn Bhd and Cho Mai Sum [1986] 2 ILR 919 Hotel Jaya Puri Bhd v Kesatuan Kebangsaan Pekerja-pekerja Hotel, Bar dan Restoran dan seorang lagi [1980] 1 MLJ 109 Perkara Permohonan oleh Kesatuan Syarikat Omnibus Sdn Bhd (1977) Perkara Permohonan oleh Sreedharan (1974) [1] Employment Act 1955, S.76 [2] Employment Act 1955, S.69 [3] Ibid, S.69(3) [4] Ibid, S.69(4) [5] Ibid, S.70 [6] Ibid, S.71 [7] Ibid, S.72 [8] Ibid, S.76 [9] Ibid, S.77 [10] Subordinate Court Rules Act 1955 , S.4 [11]Employment Act 1955, S.63 [12]Ibid, S.79 [13] Industrial Relations Act 1967, S.2A [14] Ibid, S.2 [15] Industrial Relations Act 1967, S.26(1) [16] Ibid, S.26(2) [17] Ibid, S.16A(9) [18] Ibid, S.27 [19] [1980] 1 MLJ 109 [20] (1977) [21] Ibid, S.26 [22] [1986] 2 ILR 919