Legal Analysis Report On Woolworth Limited

Written report of legal Analysis.

Choose either: known organisation or a piece of legislation, legal policy area or area of common law.

This is the major piece of work for this course and as such, should satisfy the following criteria:

1. Demonstrate understanding of the legal/regulatory environment and relevant laws as well as economic, ethical, social/cultural, international and political issues

2. Demonstrate the ability to investigate, synthesise and analyse

3. Demonstrate understanding as to the most appropriate, efficient and effective means of managing the legal risks that arise from the circumstances

4. Clearly and convincingly communicate the findings

Topic: For a selected organisation:

1. Outline any legal governance, management and relationship issues that affect the organisation as a whole (this is to link you into the lecture material)

2. List any general and specific legislation that is of particular importance in regulating the organisation and any relevant industry or similar bodies

3. Outline areas of high legal risk for the organisation as a whole and SELECT ONE to be the centre of your discussion  and analysis

4. Explore the reasons and implications of this legal risk for the organisation both short –term and those that may arise in the long-term.

5. Identify and describe strategic options for management of this legal risk and evaluate those options in terms of cost and benefit to the organisation

6. Offer recommendations as to the most appropriate option and the rationale for those recommendations.

OR: for a selected piece of legislation, legal policy area or area of common law:

1. Outline any legal governance, management and relationship issues that are shaped by the above (this is to link you into the lecture material)

2. List how the legislation etc applies to organisations and any relevant industry or similar bodies

3. Outline areas of high legal risk for organisations that emerge from the policy etc  and SELECT ONE to be the centre of your discussion  and analysis

4. Explore the reasons and implications of this legal risk for such organisations both short –term and those that may arise in the long-term.

5. Identify and describe strategic options for management of this legal risk and evaluate those options in terms of cost and benefit to organisations

6. Offer recommendations as to how this legal risk might be managed, the most appropriate option and the rationale for those recommendations.

Legal governance, management, and relationship issues affecting Woolworth Limited

Woolworth Limited is a renowned entity in the field of retail trading. It was created in 1924 shielding the major share in the foodstuff retail chain in the country of Australia and it is the second major retail chain of New Zealand. The company is enlisted as the public retail corporation under ASX that is Australian Security Exchange in addition to that headquarter of the company is situated in Bella Vista of New South Wales. The company is assured to cater million of its consumers by facilitating enhanced standard at cheap expense and also with improved variety.

The corporation is skilled in the retail trading in the variety of groceries and foods, petrol, liquor, consumer electronics and general merchandise. It is dedicated to the society primary over financially by establishing job opportunities, development in the wealth of stakeholder of the company, creativity and innovation in the development of product. Moreover development in the field of production and agricultural sector and also socially by development in the field of education of the thousand of workers by inserting improved margin training programs, facilitating secure and safe  retail environs, conduct as the core concerning dissemination as well as collection of promotional and donation doings of charities. Finally it donates to society by environmentally through determining matters that hamper environs and also apply them in the friendly manner which the enterprise has created it as core portion of the corporate accountabilities. The corporation is robustly find guilty on the values of corporate governance of integrity, leadership, retail passion and also responsibilities.

Woolworths is operating their preeminent in the commercial market. The economic conditions are also developing well. The corporation has offer their products to the consumer at low price and for that reason the consumers prefer this particular company. According to the report that was published in the year 2018 the company has committed their best in the field of business market. In that year the revenue or sales was about 56,965 that is very utmost concerning the method of profit of the company and more appropriate than that of prior. Thus the aggregate profit of Woolworths in 2018 was about $ 2.5 billion. The quantum of enhancing from that of last year is about 6.1%. The performance of corporate governance are also appropriate of this well-known company. The group of Woolworth enterprise always prepared for the development and growth of the company. The workers who are functioning in the company are always engaged in their operation. Likewise the company has implemented most exclusive fiscal. Significant parameter as well as performances of shareholder of market. In last year Woolworths Company has contributed their little quantum however they obtain more revenue with this commerce. The above conception is the income of the company has received provide success to the organization.

Relevant legislation for Woolworth Limited

Thus Woolworths is the major supermarket chain functioning about 995 stores throughout Australia. The company trusted on the team members of about 115,000 in distribution centers, stores and also assist offices to facilitate consumers with advanced range, service convenience and value. The prides of the company on functioning with the farmers and growers of Australia to guarantee the optimum services and products are obtainable to consumers. Moreover sourcing about 96% of fresh vegetables and fruits and about 100% fresh meat from the growers and farmers of Australia. This creates the company “Woolworths Australian Fresh Food People”.  As one of the best innovative retailers of Australia the company comprehends that customers are viewing for simple, novel methods to shop. The customers be able to shop from the relaxation of the computer on the train or home on their path from home to work applying the Supermarket app of the company and the finest portion is the food and groceries can be transported straightforward to the kitchen worktop.

According to Olazabal, Abril, Cava, 2009 the legal powers inclined to be enhancing study in the business market and this creates sufficient coherence to the relevant legislation is crucial consideration (Parker, Carey & Scrinis, 2018). The functioning aspect of the institution is considerably regulated by several statutory methods as well as it creates it authoritative for all institutions to position in the legal outlines so that it can able to operate its trade problem free. Furthermore coherence to the statutory features have also been recorded to inclined towards formulation of avenues for the institution by the methods of different market regulations as it may supplementary demolish the m to the given margin. Thus in conclusion the company has positioned a proper constitution while frames the rules and policies of Woolworths. Furthermore the corporation has also position in the standard of conduct, the policy of communication concerning the stakeholder as well as the policies of safety dealings amongst others. The particular policies are implies to assess that all entities commerce with and associated to the company and also adhere to the laws and regulation of the land. Furthermore in this concern it is noted that the success of the company in both New Zealand and Australia is straightforward attributable to the commercial transaction among two countries termed as ANZCERTA that is New Zealand and Australia closer financial association trade arrangement. The legal feature of the commercial transactions aid the business of the company functioning in the zone (Sappideen, 2015)..

Areas of legal risk for Woolworth Limited

In considering the legal environs of the company Lund and Wright (2003) notes that characteristics that involves the policy of taxation, recruitment laws and worker management creates a portion of the primary outlines concerning the retail business where the company operates. Above and over such statutory determinants in both New Zealand and Australia the requirement of food licensing are of enormous significance in the retail industry provided that it is compulsory concerning the retail corporation pact in the edible foodstuffs to adhere and comply to such rules. Moreover the standards of food that are vend of the nation of functioning. Moreover the opening of new retail store should be accepted by the appropriate department and authorities of the governmental body of the nation even as the planning of the enterprise have to monitor all statutory criteria.  

Moreover the company involving on gearing up the development of its products, process as well as retail outlets and the corporation is also in the procedure of executing diverse program in a transaction to assess achievement in its international market (Thorlakson, Hainmueller & Lambin, 2018).. The execution of the program have transformed the method in which the company operates its commerce over a number of features with its general public, supplies and several commercial partners. In accordance to the author Ahsan and Akbar, 2014 so as to concluded preferably in the retail business as well as markets of its functioning the company has formulated several methods that permit it to recognize the satisfaction of the consumers which it is considered as being the significant competitive feature amongst others with the marketing industry (Chapman, Howe & Ainsworth, 2015).. A several numeral of researchers operates earlier have designated that the retail customers inclined to employ about 80 percent approximately of the foodstuff based cost in main outlets and also noted that the retail industry are entitle to invest about six times in a tender to attain a single purchaser in comparison to the subsisting client. In such structure the administration of the retail institution as Woolworths inclined to observe the satisfaction of the consumers and also trustworthiness as some of primary aspects that support in te sustenance and retention of clients in the long phase. Nevertheless there is requirement for the administration of the company is also to regulate its several trade concerns in addition to that formulate enduring resolution to the challenges that faces in the administration of the company. in this concern it declares that elucidation on the conduct of Woolworths Ltd have designated that the primary cause behind the deficit of the institution to conduct to the favored margin are majorly as a result of the several concerns concerning the administration of the company (Sullivan & Gouldson, 2017). For example the company reveals that the workers of the company have already obtain their standards of personal conduct as permitted provided that it is crucial for ascertaining the subsisting situation along with that development of the methods for enhancing the satisfaction of customers.

Strategic options for managing legal risk

With consideration to the issues of management, one may record that there are several of crucial subjects that have minimize the conducts of the workers of the company and that has resulted adversely the standards of facilities invited by the employee to the consumer of the corporation. Although the company has formulated a standard of production for its several retail outlets in addition to that this supports in the administration of the organization inventory as well as supporting its clients in the factory and insufficiency have been observed on several events in the review of the quality of performance and therefore it has impacted in the poor standard services and minimization in the level of satisfaction of consumers. The company inclined to encounter several concerns with regards to the upholding of its association with the suppliers provided that the company is viewed has not only perpetrated to formulate advantageous partnership and also construct lasting association with the suppliers (Ntim, 2015). Moreover numerous issues have marked to subsist within the corporation in connection to the sustenance of the relationship of the organization with the aspects and attributes observed within the exterior environment.

Finally it is noted that the company also encounters with respect to its marketing practices and advertisement that amongst the significant concern that the firm observes into specified its results on the satisfaction of the stakeholders and customers. The advertisement practices and marketing are also the leading subject to the customers and workers. Thus it has been advised that the company provides enhanced preference to several trading sectors to guarantee that the anticipated quality levels and standards may be uphold and along with that making specific that the supervision of several legal and management concerns that existing in the environs of the firm are happens within time and effortlessly.

A large number of relevant rules and legislations that regulating the retail sector can be observed in the exterior statutory environs of the company. The governmental body of Australia and several state and territorial government laws has been passed with the primary object of protecting the environment, customers as well as the society and to enhance fair trading and competition between actors in the commercial industry. Such laws regulates the method the commercial institution communicate with its supplier, consumers as well as other institutions within their environ (Fisse, 2019). Furthermore the legislations also frames the entitlements of the owners and their organization in situation of disagreement. Some of the relevant legislations observed in the legal environs of the company as well as have the monitoring impact on the corporation are talk over below

Conclusion

In the context of the Competition Law of Australia the governmental body has positioned in abode of national statutory outlines to create specific that business in the retail sector is reasonable concerning both the retail organization and its consumers. The Australian Competition and Consumer Commission that is ACCC is largely assigned with the management of the Competition legislations of Australia. Thus above and over the governmental regulations and laws in the country of Australia both the territorial and state laws are assigned with regulating the security of the consumers. Each territorial and state laws has reasonable and fair commercial agency workplace that invites instruction with reference to the commercial rights and obligations.

On the other side ACL that is Australian Consumer Law is another laws that have put enormous effect on the retail sector of Australia (Gitman, Juchau & Flanagan, 2015).  The Australian Consumer Law indicates to the national legislation that monitors and governs both the safety to the consumer and fair trading. ACL invites laws on unreasonable terms of arrangement, confirms on the consumer entitlements, protection laws of product, uncalled-for the accords of the customer, lay-by agreement and penalty amongst remarkable zones. At recent times the Australian Consumer Laws is largely administered and enforced combine by several state and territorial departments of consumer protection as well as “ Australian Consumer and Consumer Commission” that is ACCC and with the involvement of other remarkable departments involving Securities and Investment Commission that is SIC of Australia on subjects that it regards pertinent.

Nonetheless irrespective of the above mentioned laws and also their effect on the retail business in Australia amongst the primary legislations that has hampered the functioning of the retail hulks as the company of Woolworths is the trade relation law. The combined impact of transformation that have been created currently to the legislative framework of trade relation that hampers the recognized retailers as Woolworths has cause it improbable concerning them in order to compete positively with other global retail products in the business. Above and over this stresses the retail business of Australia where the company functions has been attacked with increase in taxation involving carbon taxation along with that upsurge in retirement employees payments and increment of about 2.5% in context of retailing award. The Woolworths is also encountering upsurge in the rates provided that new trade association have been enhance the proportion charges on weekend that is on Sunday and Saturday trading from prior 25% to about 50% for trade on Saturday and from 50% to 100% for trading on Sunday. Lastly with consideration to the conditions of work it is held that the novel trade relation legislations that hampering the retail business has also put effect of the flexibility at workstation. Therefore the novel laws binds the business with several accountabilities necessitating the actors involving Woolworths to discuss on the particular matter concerning development in shifts new criteria to take in regard rosters which are friendly for family and new parental leave criteria (Parkinson, 2018).. The novel trade relation legislation is regarded to be enormous effect on the company and also operates in the organization provided that it hampers the method in which the firm carries out its business along with that profitability. The development are too costly for the organization to implement them provided that they create it very affluent concerning the retailers involving Woolworths to contest positively with the international retailers.

Amongst the zones of extraordinary legal challenges for the company considers the elgal measures as well as labor strikes. The company has witness many industrialized strikes and also statutory measures rooting from several groups that involves trade unions symbolizing employees from the diverse subsidiaries of the company. for example in the year 2105 Woolworths, South Africa branch Cape Town witness an trade strike where about 60 workers connected to the branches of Woolworths were claiming salary increments. Furthermore in August 2015 the employees f Woolworth who are the associates of Nationalized Worker Union move on striking by adopting undefended industrialized measures one two main subsidiaries of the company. Nonetheless the trade action of nationalized Employees Union was observed to be unlawful and thus terminated by Australian Fair Work Commission after a request was initiated by Federal Minister Workplace relation.

The other remarkable zone of legal hazard with respect to the legal environs of the company is the environment regulations and legally enforceable environ tax that is demanded from the retailers by diverse governmental institutions for instance carbon tax. The execution of carbon tax levied upon the retail company is probable to have detrimental impact on the global retail business as a consequence of the industrialized players being incapable to fulfill the upsurge in taxation (Knox, 2015). 

Besides the international environmental regulations that regard the discharge has not only effected the current functioning of the retail business involving Woolworths Limited however are supplementary in the contentious tax emission that was charged on the international retail corporation in diverse market along with the object of minimizing rivalry for the nearby generated retailers and goods.

Owing to this it is apparent that the enhancement in the expense of functioning as an impact of trade action and taxes pose considerable financial challenges to the company. As a consequence in short term to medium the company is functioning within the retail business have arrive up with several methods to tackle with the challenges in the environs and also to enhance their profitability. With concern to the company it can be noticed that the company involves in widening into new market that Woolworths Limited has come into is the market of South Africa (Chokuda, 2017). .

 Another remarkable legal challenges within the environs of the company is the diverse international rules observed in different markets and nations. In the current period the enhancement in the several number of the court cases that had been filed as against several retailers and their employees has been experienced internationally. Moreover the business rules in nations of functioning have also come out to be enhancing severe on the global retailers and thus indicates that are becoming enhancing methods utilized by the retail institution and also implement strategies as recommendation after attaining conviction as the strategies do not infringe regulation and laws of the nation.

The growth of the company is completely trusted on the aptitude of the firm to comprehend and response efficiently to the concern that develop speedily and are undefined. The retail business where the corporation functions is also complicated and enhancing distributed, implementing an improved risk margin. The enhanced level of risk has the prospective to assess both threats and opportunities in such environs (Ellery, 2018).Thus it can be suggested that as to regulate the above dangers, Woolworth Limited can position several risk alleviation actions to determine the threats and allow apt measures to be adopted in time. Nonetheless the board of directors of the company have mentioned that the extent risk management procedure of the company is effective has enhancing supported in the elucidation of the hazards and also aid in guaranteeing the threat are administered in pursuance to the corporate strategies of the company.

On the other side the exterior provider of guarantee facilities that has also noted that the company is an autonomous sector and thus the assessment of threat in its environs is the crucial determinants provided that it invites both the review and result of the management of the company with respect to the avenues that continually supports in increasing legal risk outline as well as the procedures. Such category of appraisal providers statement on the procedure that in in its line with methods that have been enacted to support in the comprehension of the development and progress of the appetite of risk management concerning attributes of risk that hamper the commercial procedures. Furthermore each commercial unit of the company is straightway supported by employing strategies of leadership that aid in the review of strategic objectives in addition to that in the conduct of attempts to support in the determination of risk and avenues for pursuing functional implication of the methods (Pearson, 2017)..

Moreover the associates of the “board of directors of the company are also assigned with the obligation of assessment of risk that has been efficiently bring into line to the fundamental group strategies of Woolworths Limited along with that supports in the allocation of the responsibilities of the organization with the object of monitoring, enforcing and designing of the planning of risk management. In addition to that the company makes application of diverse models of risk evaluation on the annual basis so that it can create particular that its workers becomes opposed with the margins and are capable to employ different margins effectually along with that the category of trade assurance with the structure to reflect the important method that will guarantee upholding of the functional of the company successfully (Kobel, Këllezi & Kilpatrick, 2015). Additionally retail corporation must supplementary abide with the regulating plan that invites an independent assurance of objectives as a method of controlling material laws and also create confirm that the process is administered in a proper manner. The protocols of corporate governance describes the associates of the board to conduct in reliable manner however they concluded by violating the same.

Diversification is regarded as the primary strategic option that the company can employ to attain admittance into diverse and attractive business. Thus amongst other methods the key category of diversification that the firm might adopt to achieve its objects involves accessing to the novel business as well as transformation of the novel product. This is probably to be advantageous to the company as it will permit the enterprise in reducing the legal hazards that are connected to New Zealand and Australian in the retail business. Nonetheless though the suggested diversification appears enhancing attractive along with that invites the optimum methods for the organization to comprehend its objects, the expenses connected to availing for the diversification are inclined to the considerable provided that the diversification method might bring severe implication concerning the fiscal structure of the company (Flax, Bick & Abratt, 2016).

 Moreover so as to implement the strategy of diversification effectually the organization is probable to inflict labor and fiscal connected cost in implementing comprehensive industry and market research. This is before entering the favored business the company will be assigned with pursuing its studies that will conduct as the foundation for its opportunities of diversification as the fundamental strategic options. Nevertheless in case the methods is implemented carefully, it is not only probable to guarantee major minimization in the legal threats to the company however also enhance the universal business share of the company as well as profitability (Beaton-Wells & Paul-Taylor, 2017). Although the statement of corporate governance that is announced by Woolworths Limited held that the framework and policies of risk yet the similar was not monitored in the case. The main object of the group of risk management was to perform a timely evaluation of several trades where the organization is engaged particularly the loss making branch as well as examine as the method it was effecting the overall performance and strategies of the company. Its objects also involves protecting the assets of the corporation.

Additionally grounded on the findings made in respect to the statutory environs of the company a several number of strategies has been invited to the management of the organization with the object of permitting the enterprise to pact with numerous concern that is legal and managerial, witnessed by Woolworths. Therefore in order to become prominent developing business of the international economy a reliable increase in demand for closely all of the retail goods have been experienced and thus it has accredited in the speedy increasing international human populations. Therefore the effectual management of the functioning of Woolworth Limited is possibly to be enhancing profit margin for the organization in its long run (Parkinson, 2016)..

Though there is obtainability of several strategic choices that might support the company in dealing with the legal challenges in its managerial issues as well as in its legal environment, thus the method of diversification has been suggested (Fels & Lees, 2018). The particular strategic will permit the firm to enter in the new business and assuring international market however will be able to enhance its share in the foreign retail industry, enhance its presence and revenues prominently in the international business. Thus diversification is the recommended method that safeguard the corporation from any sort of loss experiencing in the current period as the enterprise is probable to attain from diverse market and thus shielding the trading sector that are witnessing loss in diverse markets.

Conclusion

Thus it can be concluded from the discussion mentioned above that in comprehending the performance of Woolworth Limited it is held that in order to conceal own defects the board of the corporation ended up with by compromising the prominent supermarket retail market chain of the company, the Australian governmental body as well as supervising body must reinforce their regulations to such limit so as to guarantee the compulsory checks as well as regulatory auditing are performed as to confirm that the judgment of the board of the company are reconsidered. Thus regrettably the representatives of the company had overlooked that even if they are sitting at helm they are not proprietors of the corporation and also they possess standard of accountability towards the shareholders.

References

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