Consumer Perception and Evaluation of Hewlett-Packard

Consumer Perception and Evaluation of Hewlett-Packard The Notebook PC Industry in Taiwan: An Examination Of Consumer Perception and Evaluation of Hewlett-Packard Abstract This management project is exploratory research to examine the Hewlett-Packard (HP) brand and the Taiwan notebook PC market. HP is one of major players in this market with a brand identity of personalisation, innovation and technology leadership. This objective of this research is to measure the perception of Taiwan consumers about their brand preferences as well as evaluate the effectiveness of HPs brand communication. By setting up focus group interviewing with wholesaler sales representatives and potential consumers, this research developed a structured questionnaire to test and analyse consumers attitudes. The self-administrated questionnaire was conducted online, getting 152 valid samples. It surveyed 20 different attributes of notebook products and brand images to discover consumers attitudes toward the 4 leading brands in the market- HP, Asus, Acer and Lenovo. The results of this research indicate that HP was not able to deliver the brand identity with much success and was ranked in a weaker position then Asus and Acer in terms of all attributes expect reliability in the Taiwan notebook market. It also shows that price is not the most important factor for consumers when they choose a notebook. Instead, much more emphasis is given to quality and function. In chapter 5 of this dissertation, there are some recommendations about HPs future development based on the survey findings. As low price is no longer the most important factor influencing consumers purchasing behaviour, HP should put much more effort on its brand image to create its competitive advantage and expand market share. Keywords Brand Association; Brand Image; Brand Positioning; Brand Preference; Consumer Behaviour; Consumer Perception; Decision Making Process; Hewlett Packard; Loyalty; Marketing Communication Preface I worked for Hewlett Packard Taiwan from 2002 to 2006 as a partner business manager. In that period, I acquired a lot of knowledge in channel management, both from HP itself as well as its partners. However, as a sales representative from the original vendor, I felt that sometimes I made decisions just following past experiences and the suggestions and advices of others without sufficient insight into consumers. Therefore, to prepare for my next career plan, I view this research on consumer perceptions and the position of HP in the Taiwanese notebook market as important preparation for my ambition to become a product manager. In helping me accomplish this management project, I would like to extend my thanks to many people for their confidence in me and for their professionalism. Firstly, I want to thank my supervisor, Dr. Steve Henderson for his patient guidance throughout the course of the research. Without him, it would have been difficult to finish this project. Secondly, I want to say thank you to all the friends who were willing to spare their time in helping me conduct the focus group and questionnaire survey. Their generous help made my research proceed without too many difficulties. Last but not least, I would like to thank my family, for their love, patience and understanding of my prolonged absence from home while pursuing my academic career. With their full support, I have been able to fully focus on finishing this dissertation. Introduction Background Overview Branding has been discussed for several decades as a way to distinguish the products of one producer from others. In increasingly competitive markets, powerful brands become essential to achieve the sustainable development of business. There are a number of views related to brands that are dominant in the literature and in the way that brands have been approached. Traditionally, brands were seen as symbols, and that was reflected even in the definition of brands expressed by the American Marketing Association (2008). In other words, brands were mainly regarded as transaction facilitators, far away from the relationship marketing perspective. Brands were also considered as the producers property. It was implied that the producer is mostly responsible for the communication of the brand, brand related activities, and brand reputation over the long run (Veloutsou 2008). Today, brands are compound entities and their expression includes the perception of the product characteristics, personality and values. It is acknowledged that they could be perceived differently by various corporate stakeholders. Accordingly, terms brand identity (the intended perception brand developers would like the brand to have) and brand image/ brand reputation (how it is perceived by the target audiences) have been developed. Therefore, brands can be the relationship builders (Veloutsou 2008). Actually relationship marketing for fast moving consumer goods relies to a great extent on brands to help in the development of the consumer-firm relationship (Kapferer 2004a; Selame 1993). According to Selame (1993), the function and predominance of brands in the fast-moving consumer goods market is uncontested. Most marketing executives in such industries would not even think to question the importance of brands. As well as the fast-moving consumer goods market, the high-tech industry sees a use of branding (Kapferer 2004). As Zajas Crowley (1995) point out, until the end of the 20th century, the use of brands in marketing high-technology products was minimal. All too often, marketing executives who oversee computers and other high-technology products manage their product lines or marketing mix activities with little consideration for the development of long-term brand recognition. This brings a problem when greater emphasis is given to a products features than to the positioning of its brand-name (Zajas Crowley 1995; Kapferer 2004). Taiwans Notebook Personal Computer Industry As a result of the increasing transition of consumers from desktop PCs to notebook PCs, Taiwans Notebook PC market showed considerable growth in terms of shipment volume. In 2007, 90,165 thousand units were shipped with annual market growth rate reaching 42.1%. MIC (2008) projects that Taiwans notebook PC market will maintain double digit growth until 2011. There is manufacturing competitiveness of Taiwanese notebook personal computer industry during its developing stages of the original equipment manufacturers (OEMs), original design manufacturers (ODMs), and original brand manufacturers (OBMs). A number of trends are affecting the cost of components and materials used to manufacture PCs. The rising cost of oil, Chinas newly enacted labour law (which has increased the cost of assembly labour), reduced tax incentives and the appreciation of the Renminbi (RMB) against the U.S. dollar are challenging the PC manufacturing ecosystems ability to maintain profit margins. Currently, profits run at about 5%. The top ODMs of notebook PCs have stated that they are unable to absorb the increased costs and plan to pass them on to clients (Tsai 2008). On 21 May 2008, Simon Lin, chairman of Wistron, told Taiwans Digitimes that Wistron would raise contract manufacturing prices. This follows similar statements in recent weeks from Compal and Quanta. Gartner (2008) has confirmed the disclosures with all three companies which controlled more than 69% of worldwide notebook PC production in 2007 (refer to Table 1-1). It is the first time these three have attempted, almost simultaneously, to raise prices, even at the risk of losing orders. However, the group carries some weight, which will likely strengthen their position in negotiations with vendors such as HP and Dell. Due to challenges to their competitive advantages, Taiwanese hi-tech enterprises have to consider whether to stay in the OEM field or develop their own brand marketing strategies. Some corporations choose to specialise in the OEM such as Hong Hai Precision Industry Co. Ltd. (Foxconn) and Taiwan Semiconductor Manufacturing Company Limited (TSMC). On the other hand, several firms, including Acer, Asus, and BenQ, recognised the importance of their own brands and have switched their investments and endeavours towards high value-added activities such as research and development, product innovation, and brand building (Chen et al 2007). The goal of all these development strategies is to strengthen competitiveness under the increasing pressure of the changing world environment (Tsai Hung 2007). At most Taiwanese companies, profit margins on sales of branded computers are roughly five times higher than on sales of computers and parts to resellers like HP and Dell, said Jerry Shen, Asusteks chief executive officer (2008). Taiwanese contract manufacturers such as Micro-Star Internal, Clevo, and Asustek (Asus) have started to market their own notebook PC brands through leveraging their manufacturing strengths, a trend that has increased competition across the industry (Simons 2008). Based on the information mentioned above, worldwide brands such as HP and Dell are facing keen competition in the notebook PC market, especially in Taiwan. The IDC report, as summarised by Chinatimes (2007), showed that the notebook market share of local brands Asus and Acer accounted for 33 percent and 32 percent respectively, followed by HP with 12 percent and Lenovo with 7 percent in the 2007 third quarter. In 2008Q1 Asus and Acer, gained over 69% of Taiwans notebook PC market share, including new product line Ultra Low-Cost PC such as Asuss Eee PC products whereas HP and Lenovo remained in the 3rdand 4thplace (Apple news 2008) Overview of HP HP is a leading PC manufacturer, with an approximately 5.6% share in the global hardware market in 2006. It is a provider of personal computing and other access devices, imaging and printing related products and services, and enterprise information technology infrastructure, including enterprise storage. It operates its hardware business through three business units: Enterprise Storage and Servers (ESS), Personal Systems Group (PSG) and Imaging and Printing Group (IPG) and services individual consumers, small- and medium-sized businesses and large enterprises, including the public and education sectors (Hewlett-Packard 2008a). During the three-year period, 2005-2007, its revenues grewat a Compound Annual Growth Rate (CAGR) of 10%, mainly due to increases in sales volume of personal systems in consumer and commercial markets. The PSG segment showed significant top line growth of 24.8% to $36,409m, and accounted for 43.5% of total hardware revenues in the fiscal year 2007. Increased sales volume of notebook PCs, particularly in emerging markets, contributed to higher revenue growth during the year (Business Insights 2008). HP remained the leader in the notebook PC market for the seventh consecutive quarter, maintaining an almost 2 million-unit lead over second placed Dell. In the seasonally slow first quarter of 2008, HP also managed to increase their market share Q/Q in five of six regions. Dell was less successful in Q108, increasing share Q/Q in only two regions. Like HP, third placed Acer posted Q/Q shared gains in five of six regions. HP was market leader in three of six regions, and in the fast-growing APAC market, closed to within a few thousand units of Acer. From a brand value perspective, The Interbrands (2007a) annual ranking of the Best Global Brands, in co-operation with BusinessWeek magazine ranked HP is number twelve of the worlds 100 top brands and number five of the technology brands (Table 1-3). HP has gained 9% in brand value since 2006, following a 10% slide from 2004 to 2005 (Kiley 2007). Kiley (2007) pointed out credit should go to CEO Mark Hurd, who told his subordinates that Hewlett-Packard Co. had to stop building and marketing the PC as if they were a commodity. Designing PCs that consumers actually want was the starting point. The marketing team then went about pitching HP PCs as a personal reflection of consumers desires and needs. Hence the slogan: The computer is personal again. was created (Appendix C). Last summer the company rolled out ads showing hip-hop mogul Shawn Jay-Z Carter mixing music and planning tours using an HP notebook PC (Interbrand 2007c) and using self-made ads by celebrities such as Serena Williams, Petra Nemcova and Jean-Michel Gondry even though HP did not pay these people for these ads (BusinessToday 2008). The objective of the campaign was to grow a more profitable worldwide business through the introduction, support, and marketing of innovative products, services, and solutions that will deliver the absolute best customer experience in personal technology. The campaign was targeted at users aged between 18 and 34 and small to medium-sized companies. Besides, HP delivered images related to innovation and technology leadership via both press and the Internet. The company first employed the innovative imprint technique for notebook PCs, which is a casing design created by advanced moulding techniques that integrate a hard-coat surface using a film transfer process. According to Hewlett-Packards (2008b) publicity, not only does the HP Imprint look fabulous, it is also more durable than traditional paint. HP intended to convey the message about personalisation, innovation and technology leadership to communicate with the public. Rising sales and market share show that customers seem to have had a favourable for reaction for HP notebook PCs. However it is difficult to know how consumers choose between the top four notebook PCs brands, namely Asus, Acer, HP and Lenovo. Consequently, this research aims to take a fresh look at consumer preferences, with a particular focus on HP because it is one of the most successful brands facing particular competition in Taiwan. Of particular interest is to understand how the HP brand image can help to promote it position in the market place, and what influence this has on consumers preferences. Research Purpose This research examines consumers perception and evaluation of the HP brand and makes a comparison with other three major brands in order to get a better understanding of brand strength and preference. There are three objectives in this research to help achieve the overall aim. Firstly, to understand key research issues by a literature review. The literature search will establish the main issues in this field to set the right direction for the study Secondly, to find out consumers brand preference among the four main players in Taiwans notebook PC market by carrying out questionnaire. Finally, to identify and evaluate consumer perceptions of HPs existing brand identity and communication methods. Research Question This study aims to provide significant data to support the selected topic. As DisplaySearch (2008) analysis indicates the increasing transition of consumers from desktop PCs to notebook PCs is having a direct impact on brands growth and market share, and as such the competition in the Taiwan notebook PC market is becoming increasingly intense. HP, one of the most successful and global notebook PC brands, currently operating in over 170 countries (Hewlett-Packard 2008a), needs to expand its market and succeed in Taiwans notebook PC market. Brands with established enterprise and retail presences have had the most success in growing market share in the past several quarters. HP promotes its brand with the slogan the computer is personal again, trying to emphasise personalised, advanced technology, together with an image of innovation image in order to gain worldwide market share. However, it seems these efforts are not working in Taiwan as effectively as in other regions. Therefore, HP struggling in the Taiwan market and facing increasingly strong international and local competitors in this market, does the brand identity which demonstrates personalisation, technology leadership and innovation really helps HP win the fierce competition in Taiwan market? And how HP can influence consumers attitude to improve HPs competitiveness in Taiwan? To this end some of the following questions will be part of the survey: What are most important factors when consumers choose notebook brands? How do consumers respond to HP brand identity? What do consumers think about HP brand communication methods? How do consumers position HP compare with three other brands? Dissertation Outline The dissertation is structured as follows. The introduction chapter is the overview of topic, industry status and research case objectives and goes in detail about the research work towards revealing consumer perceptions of brands. Chapter two is a literature review focusing on theories from concepts in branding discipline, consumer behaviour and marketing communication related to the notebook PC industry. Chapter three describes research methodology including research philosophy, research approach and strategy, the questionnaire design, and data collection. The fourth chapter consists of the research findings, where the empirical date is interpreted and discussed. The final part gives general conclusion as well as recommendations to HP, limitations of this study and directions for future research will also be presented. Literature Review Consumer Behaviour Consumer Behaviour Definition Arnould et al (2005) define consumer behaviour as the psychological and social processes that individuals or groups undergo in the acquisition, use and disposal of products (for example, notebook PCs), services (for example, professional software installation), ideas (for example, spiritual beliefs) or experiences (for example, travelling) and suggest that concept of the circle of consumption results in the marketing opportunities (see Figure 2-1). Understanding acquisition is very important to marketers and requires an understanding of the other phases where these links influence consumer beliefs, value and attitudes (Arnould et al 2005). Consumer behaviour is examined from market perspective that focuses on a particular brand and how to induce people to buy that brand whereas other academic researchers study consumer behaviour from behavioural and social sciences perspectives that emphasise an understanding and explanation of why, what and how people buy (Bagozzi et al 2002). Moreover, consumer behaviour is a division of human behaviour (Bagozzi 2002). Human behaviour refers to the process in which the individual interacts with his/her environment. This perspective tends to emphasise consumer behaviours and practices that help to organise our understanding of phenomena such as consumption rituals, myths and symbols as well as contribute a concern with the meaning and significance of consumption. Walters (1974) suggests that consumer behaviour concerns specific types of human actions that have a direct relation to the purchase of goods and services from organisations. The Use of High Technology It is necessary to know how people use high technology and what they intend to use it for by reflecting on the development of the high technology industry (Hamann et al 2007). Inventions such as the motor car provided products and were created to satisfy the real needs of people during the industrial age (Tomkins 2005). However, as life becomes busier and more stressful, people are forced to adapt the newest features offered by high technology continuously in all areas of their lives, even though they might not fully understood what it can do to help them (Kallaman Grillo 1996). This adaptation process is based on the evaluation of meaningful attributes that support a consumers beliefs, resulting shifts in a consumers frame of reference and evaluation criteria derived from the constantly changing environment, which makes it impossible to define a general pattern of purchasing behaviour (Hill 2003; Jiang 2004). Nowadays consumers expect convenience, quality and service in a product which is made available at anytime and at any place (Yelkur 2000; Winkler 1999; Silverhart 2004). Furthermore, people may adopt high-technology in order to remain in a particular social group or to join one they want to belong to (Kim et al 2001; Haughey 2004). Hamann et al (2007) define consumer electronics as electronic equipment intended for everyday use, which usually finds its application in entertainment, communications and office productivity technology such as mobile phones, digital cameras and notebook PCs. As the high-technology industry increased the speed of its development and started to increasingly focus on particular consumer segments and individual needs, people become more ready to accept technological innovations (McDaniel Gates 2002). For example, radio attracted 50 million listeners within 38 years of its invention and television required thirteen years to reach 50 million viewers, yet it only took the Internet four years to gain 50 million users (Temporal Lee 2001). The connection with brands and the problem of providing a unique selling point (USP) in current markets becomes a critical issue in this context, resulting in a shorter product life cycle (PLC), which has been reduced to a matter of weeks from what used to be years (Zajas Crowley 1995; Winkler 1999; Temporal Lee 2001). However, the most important change can be seen in the increasing adaptation of a mass-customisation strategy (Jiang 2004). The new toys produced by high-technology companies, such as the iPod and the Sony Playstation Portable (PSP), deliver apparently unique benefits to consumers, based on their image and preference match (Tomkins 2005; Klein 2000; Temporal Lee 2001). In order to build an effective branding strategy for current markets, it is therefore necessary to investigate consumers reasons behind buying high technology. The Consumer Decision Making Process Decision making is defined as a balanced combination of emotional and rational elements used to keep on looking for alternatives, to make a purchasing decision, or to get off the idea to buy entirely (Schiffman Kanuk 1994; Witt Meyer 2004; Hill 2003). Furthermore, the decision making process (refer to Figure 2-2) is a series of steps a consumer or an organisation may go through before choosing a brand or a product (Blackwell Engel 2005; Jobber Fahy 2003; Solomon M. et al 2002; Jobber 2007). This decision making process will be definitely influenced by consumer characteristics (Phillips Sternthal 1977; Wang et al 2008). Solomon et al (2002) suggest that consumer characteristics can be divided into two factors: demographic and life-style. In this research, some of the important elements of each factor appear in the questionnaire. Table 2-1 maps out the contents of each factor. A key determinant of the extent to which consumers evaluate a brand is their level of involvement which means the degree of perceived relevance and personal importance accompanying the brand choice (Blackwell Engel 2005). Jobber (2007) demonstrates that computer purchases are an example of high involvement decision making in Ajzen Fishbeins (1980) model (refer to Figure 2-3), which suggests that an attitude towards a brand is based on set of beliefs about the brand. High-involvement purchase models have proven more robust in predicting purchase behaviour than low-involvement purchases (Budd Spencer 1984; Farley et al 1981; Shimp Kavas 1984). Thus, investigating consumer attitude can be helpful in understanding consumers purchasing intensions. Effect of Consumer Attitude/Preference As we have stepped into the 21st century, the role of attitude has become increasingly important in influencing all aspects of consumer behaviour (Malhotra 2005). During the consumer decision process repeated, consumers have a kind of attitude to purchasing, such as beliefs, opinions, inclinations or biases, called consumer attitude that affects their decision making. More important these attitudes can be influenced and changed if the organisation adopts an effective communication strategy (Goldsmith et al 2000; Haugtvedt et al 1994; Brown Stayman 1992). Many studies identify the construct of attitude towards a brand as one of the most important determinants of consumers behavioural intentions (Fishbein Ajzen, 1975; Laroche et al 1996). Belk (1988) and Sirgy (1982) conclude the self-congruence theory explaining how consumers evaluate products to match their self-image. Ekinci Riley (2003), Graeff (1996) and Hong Zinkhan (1995) further suggest that a higher congruence between self-image and product image would positively prompt consumers attitudes or behaviour regarding brand attitude, brand preference, repurchasing intentions, product purchase decisions, and consumer satisfaction. Ahluwalia et als (2000) research shows that customers who have a positive attitude towards a brand (high commitment) would counter-argue negative information related to the brand and support the positive information. High commitment customers relate brand loyalty and advocacy with positive information about their favoured brand. Accordingly, low commitment customers give more weight to negative information than positive information because they perceive it to be more diagnostic. There are a number of factors which result in a consumers attitude to change including the nature of product change, strength of attitude towards the product, stored information about the product, product importance and communication. Based on these factors and research findings, discussion and recommendation will be introduced in the chapter five, mainly directed at possible changes in communication and perceptions in order to make the HP notebook brand more competitive in the Taiwanese market. Otherwise, the current research will provide some initial and exploratory insights into how notebook consumers perceive the different notebook brands in the Taiwanese notebook market. The survey questionnaire that examines consumer perceptions can be found in appendix B, and discussion on the main research findings are introduced in chapter four. Brand A brand is a distinguishing name or symbol (such as logo, trademark or package design) aimed to identify the goods or services of either one seller or a group of sellers, and to differentiate goods or services from those of competitors (Ghodeswar Luang 2008). Thus a brand signals to the consumer the source of the product and protects both the customer and the producer from competitors who would attempt to provide products or services that seem to be identical (Aaker 1991). Weilbacher (1995) argues that brands provide the main upon which consumers can identify and associate with a product or service or a group of products or services. From the consumers point of view, a brand can be defined as the total accumulation of all his/her experience. In other words, the brand is built up from all points of contact with the consumer (Kapferer 2004). A successful brand is an identifiable product, service, person or place, extended in such a way that the buyer or user perceives relevant, unique added values which match their needs most closely (Chernatony McDonald 1998). Branding in high-tech markets is also gaining increasing attention, since there is general consensus that branding becomes more important when high-tech products become accessible to mass consumers (Schoenfelder Harris 2004; Pettis 1995; Reddy 1997; Ward et al 1999). Successful brand building can not only strengthen a producers competitive position to withstand the increasing power of retailers (Park Srinivasan, 1994) but also bring advantages such as defending against competitors and building market share (Adams 1995). When the term brand equity is used in marketing functions it means brand description or brand strength, which is sometimes referred to as consumer brand equity to distinguish it from the accounting asset valuation meaning (Wood 2000). A better understanding of brand equity measurement is essential for an enriched operation of brand management (Pappu et al 2005). Pappu et al (2005) established a multi-dimensionality of consumer-based brand equity, consistent which is the conceptualisation of Aaker (1991). The overall results of the confirmatory factor analysis confirmed that consumer-based brand equity was a four-dimensional construct including brand awareness, brand associations, perceived quality and brand loyalty (Pappu et al 2005; Cobb-Walgren et al 1995; Zajas Crowley 1995). Washburn Planks (2002), Yoo Donthu (2001, 2002) and Yoo et al. (2000) developed a consumer based brand equity measure based on Aakers (1991) and Kellers (1993) conceptualisation but combined the dimensions of brand awareness and brand associations into one. Nevertheless, Wright et al (2007) discussed research issues concerning data collection, timing and measures of brand performance for the PC market and emphasised that it is important that the term brand equity is clearly defined and enjoys organisational consensus and perceived validity given the objectives and strategy for PC brands and the dynamics of the marketplace. There is no agreed measure of brand equity just as there are different measures of the various aspects of a brand. An important issue is how management finds it useful to define and use the term brand equity. Brand Awareness Brand awareness is regarded as an important notion in consumer behaviour, especially in terms of its implication to brand equity, which can be referred to as the value a brand name adds to a product. Keller (1993) declares that brand awareness is reflected upon consumers ability to recognise the brand under different circumstances. He suggests two basic approaches to measuring brand awareness. One is brand recall that relates to consumers ability to retrieve the brand when given the product category, the needs fulfilled by the category, or some other type of hint. Another is brand recognition that relates to consumers ability to confirm previous exposure to the brand when given the brand. Laurent et al (1995) also propose three classical measures of brand awareness in a given product category: (1) Spontaneous awareness: consumers are asked to name the brands they know without any cue, even if only by name, in the product category. The spontaneous awareness of brand X is the percentage of interviewees indicating they know the brand; (2) Top-of-mind awareness: using the same question, the top-of-mind awareness of brand X is the percentage of interviewees who name brand X first; (3) Aided awareness: brand names are showed to interviewees; the aided awareness of brand X is the percentage of interviewees who mention they know the brand. Laurent et al (1995) point out that for a leading brand, its aided awareness score may be extremely high, not allowing for detections of temporary changes; such changes may be more visible in a spontaneous awareness question. Conversely, if one is interested in a minor or start-up brand, one can be sure that its spontaneous score will be very low, maybe a few percent, not allowing for a very sensitive measure of evolution; its aided awareness will be more sensitive, and therefore more able to detect progresses in brand awareness. In this research, we are going to brand awareness for the four top laptop manufactures with both spontaneous and top-of-mind techniques to explore HP notebooks brand awareness in comparison with three other brands. Brand awareness plays an important role in understanding the consumer decision-making process. Many researchers assert that brand awareness has a significant effect on brand attitude and encourages consumers to consider products and services of that brand when purchasing (Brown Stayman 1992; K Consumer Perception and Evaluation of Hewlett-Packard Consumer Perception and Evaluation of Hewlett-Packard The Notebook PC Industry in Taiwan: An Examination Of Consumer Perception and Evaluation of Hewlett-Packard Abstract This management project is exploratory research to examine the Hewlett-Packard (HP) brand and the Taiwan notebook PC market. HP is one of major players in this market with a brand identity of personalisation, innovation and technology leadership. This objective of this research is to measure the perception of Taiwan consumers about their brand preferences as well as evaluate the effectiveness of HPs brand communication. By setting up focus group interviewing with wholesaler sales representatives and potential consumers, this research developed a structured questionnaire to test and analyse consumers attitudes. The self-administrated questionnaire was conducted online, getting 152 valid samples. It surveyed 20 different attributes of notebook products and brand images to discover consumers attitudes toward the 4 leading brands in the market- HP, Asus, Acer and Lenovo. The results of this research indicate that HP was not able to deliver the brand identity with much success and was ranked in a weaker position then Asus and Acer in terms of all attributes expect reliability in the Taiwan notebook market. It also shows that price is not the most important factor for consumers when they choose a notebook. Instead, much more emphasis is given to quality and function. In chapter 5 of this dissertation, there are some recommendations about HPs future development based on the survey findings. As low price is no longer the most important factor influencing consumers purchasing behaviour, HP should put much more effort on its brand image to create its competitive advantage and expand market share. Keywords Brand Association; Brand Image; Brand Positioning; Brand Preference; Consumer Behaviour; Consumer Perception; Decision Making Process; Hewlett Packard; Loyalty; Marketing Communication Preface I worked for Hewlett Packard Taiwan from 2002 to 2006 as a partner business manager. In that period, I acquired a lot of knowledge in channel management, both from HP itself as well as its partners. However, as a sales representative from the original vendor, I felt that sometimes I made decisions just following past experiences and the suggestions and advices of others without sufficient insight into consumers. Therefore, to prepare for my next career plan, I view this research on consumer perceptions and the position of HP in the Taiwanese notebook market as important preparation for my ambition to become a product manager. In helping me accomplish this management project, I would like to extend my thanks to many people for their confidence in me and for their professionalism. Firstly, I want to thank my supervisor, Dr. Steve Henderson for his patient guidance throughout the course of the research. Without him, it would have been difficult to finish this project. Secondly, I want to say thank you to all the friends who were willing to spare their time in helping me conduct the focus group and questionnaire survey. Their generous help made my research proceed without too many difficulties. Last but not least, I would like to thank my family, for their love, patience and understanding of my prolonged absence from home while pursuing my academic career. With their full support, I have been able to fully focus on finishing this dissertation. Introduction Background Overview Branding has been discussed for several decades as a way to distinguish the products of one producer from others. In increasingly competitive markets, powerful brands become essential to achieve the sustainable development of business. There are a number of views related to brands that are dominant in the literature and in the way that brands have been approached. Traditionally, brands were seen as symbols, and that was reflected even in the definition of brands expressed by the American Marketing Association (2008). In other words, brands were mainly regarded as transaction facilitators, far away from the relationship marketing perspective. Brands were also considered as the producers property. It was implied that the producer is mostly responsible for the communication of the brand, brand related activities, and brand reputation over the long run (Veloutsou 2008). Today, brands are compound entities and their expression includes the perception of the product characteristics, personality and values. It is acknowledged that they could be perceived differently by various corporate stakeholders. Accordingly, terms brand identity (the intended perception brand developers would like the brand to have) and brand image/ brand reputation (how it is perceived by the target audiences) have been developed. Therefore, brands can be the relationship builders (Veloutsou 2008). Actually relationship marketing for fast moving consumer goods relies to a great extent on brands to help in the development of the consumer-firm relationship (Kapferer 2004a; Selame 1993). According to Selame (1993), the function and predominance of brands in the fast-moving consumer goods market is uncontested. Most marketing executives in such industries would not even think to question the importance of brands. As well as the fast-moving consumer goods market, the high-tech industry sees a use of branding (Kapferer 2004). As Zajas Crowley (1995) point out, until the end of the 20th century, the use of brands in marketing high-technology products was minimal. All too often, marketing executives who oversee computers and other high-technology products manage their product lines or marketing mix activities with little consideration for the development of long-term brand recognition. This brings a problem when greater emphasis is given to a products features than to the positioning of its brand-name (Zajas Crowley 1995; Kapferer 2004). Taiwans Notebook Personal Computer Industry As a result of the increasing transition of consumers from desktop PCs to notebook PCs, Taiwans Notebook PC market showed considerable growth in terms of shipment volume. In 2007, 90,165 thousand units were shipped with annual market growth rate reaching 42.1%. MIC (2008) projects that Taiwans notebook PC market will maintain double digit growth until 2011. There is manufacturing competitiveness of Taiwanese notebook personal computer industry during its developing stages of the original equipment manufacturers (OEMs), original design manufacturers (ODMs), and original brand manufacturers (OBMs). A number of trends are affecting the cost of components and materials used to manufacture PCs. The rising cost of oil, Chinas newly enacted labour law (which has increased the cost of assembly labour), reduced tax incentives and the appreciation of the Renminbi (RMB) against the U.S. dollar are challenging the PC manufacturing ecosystems ability to maintain profit margins. Currently, profits run at about 5%. The top ODMs of notebook PCs have stated that they are unable to absorb the increased costs and plan to pass them on to clients (Tsai 2008). On 21 May 2008, Simon Lin, chairman of Wistron, told Taiwans Digitimes that Wistron would raise contract manufacturing prices. This follows similar statements in recent weeks from Compal and Quanta. Gartner (2008) has confirmed the disclosures with all three companies which controlled more than 69% of worldwide notebook PC production in 2007 (refer to Table 1-1). It is the first time these three have attempted, almost simultaneously, to raise prices, even at the risk of losing orders. However, the group carries some weight, which will likely strengthen their position in negotiations with vendors such as HP and Dell. Due to challenges to their competitive advantages, Taiwanese hi-tech enterprises have to consider whether to stay in the OEM field or develop their own brand marketing strategies. Some corporations choose to specialise in the OEM such as Hong Hai Precision Industry Co. Ltd. (Foxconn) and Taiwan Semiconductor Manufacturing Company Limited (TSMC). On the other hand, several firms, including Acer, Asus, and BenQ, recognised the importance of their own brands and have switched their investments and endeavours towards high value-added activities such as research and development, product innovation, and brand building (Chen et al 2007). The goal of all these development strategies is to strengthen competitiveness under the increasing pressure of the changing world environment (Tsai Hung 2007). At most Taiwanese companies, profit margins on sales of branded computers are roughly five times higher than on sales of computers and parts to resellers like HP and Dell, said Jerry Shen, Asusteks chief executive officer (2008). Taiwanese contract manufacturers such as Micro-Star Internal, Clevo, and Asustek (Asus) have started to market their own notebook PC brands through leveraging their manufacturing strengths, a trend that has increased competition across the industry (Simons 2008). Based on the information mentioned above, worldwide brands such as HP and Dell are facing keen competition in the notebook PC market, especially in Taiwan. The IDC report, as summarised by Chinatimes (2007), showed that the notebook market share of local brands Asus and Acer accounted for 33 percent and 32 percent respectively, followed by HP with 12 percent and Lenovo with 7 percent in the 2007 third quarter. In 2008Q1 Asus and Acer, gained over 69% of Taiwans notebook PC market share, including new product line Ultra Low-Cost PC such as Asuss Eee PC products whereas HP and Lenovo remained in the 3rdand 4thplace (Apple news 2008) Overview of HP HP is a leading PC manufacturer, with an approximately 5.6% share in the global hardware market in 2006. It is a provider of personal computing and other access devices, imaging and printing related products and services, and enterprise information technology infrastructure, including enterprise storage. It operates its hardware business through three business units: Enterprise Storage and Servers (ESS), Personal Systems Group (PSG) and Imaging and Printing Group (IPG) and services individual consumers, small- and medium-sized businesses and large enterprises, including the public and education sectors (Hewlett-Packard 2008a). During the three-year period, 2005-2007, its revenues grewat a Compound Annual Growth Rate (CAGR) of 10%, mainly due to increases in sales volume of personal systems in consumer and commercial markets. The PSG segment showed significant top line growth of 24.8% to $36,409m, and accounted for 43.5% of total hardware revenues in the fiscal year 2007. Increased sales volume of notebook PCs, particularly in emerging markets, contributed to higher revenue growth during the year (Business Insights 2008). HP remained the leader in the notebook PC market for the seventh consecutive quarter, maintaining an almost 2 million-unit lead over second placed Dell. In the seasonally slow first quarter of 2008, HP also managed to increase their market share Q/Q in five of six regions. Dell was less successful in Q108, increasing share Q/Q in only two regions. Like HP, third placed Acer posted Q/Q shared gains in five of six regions. HP was market leader in three of six regions, and in the fast-growing APAC market, closed to within a few thousand units of Acer. From a brand value perspective, The Interbrands (2007a) annual ranking of the Best Global Brands, in co-operation with BusinessWeek magazine ranked HP is number twelve of the worlds 100 top brands and number five of the technology brands (Table 1-3). HP has gained 9% in brand value since 2006, following a 10% slide from 2004 to 2005 (Kiley 2007). Kiley (2007) pointed out credit should go to CEO Mark Hurd, who told his subordinates that Hewlett-Packard Co. had to stop building and marketing the PC as if they were a commodity. Designing PCs that consumers actually want was the starting point. The marketing team then went about pitching HP PCs as a personal reflection of consumers desires and needs. Hence the slogan: The computer is personal again. was created (Appendix C). Last summer the company rolled out ads showing hip-hop mogul Shawn Jay-Z Carter mixing music and planning tours using an HP notebook PC (Interbrand 2007c) and using self-made ads by celebrities such as Serena Williams, Petra Nemcova and Jean-Michel Gondry even though HP did not pay these people for these ads (BusinessToday 2008). The objective of the campaign was to grow a more profitable worldwide business through the introduction, support, and marketing of innovative products, services, and solutions that will deliver the absolute best customer experience in personal technology. The campaign was targeted at users aged between 18 and 34 and small to medium-sized companies. Besides, HP delivered images related to innovation and technology leadership via both press and the Internet. The company first employed the innovative imprint technique for notebook PCs, which is a casing design created by advanced moulding techniques that integrate a hard-coat surface using a film transfer process. According to Hewlett-Packards (2008b) publicity, not only does the HP Imprint look fabulous, it is also more durable than traditional paint. HP intended to convey the message about personalisation, innovation and technology leadership to communicate with the public. Rising sales and market share show that customers seem to have had a favourable for reaction for HP notebook PCs. However it is difficult to know how consumers choose between the top four notebook PCs brands, namely Asus, Acer, HP and Lenovo. Consequently, this research aims to take a fresh look at consumer preferences, with a particular focus on HP because it is one of the most successful brands facing particular competition in Taiwan. Of particular interest is to understand how the HP brand image can help to promote it position in the market place, and what influence this has on consumers preferences. Research Purpose This research examines consumers perception and evaluation of the HP brand and makes a comparison with other three major brands in order to get a better understanding of brand strength and preference. There are three objectives in this research to help achieve the overall aim. Firstly, to understand key research issues by a literature review. The literature search will establish the main issues in this field to set the right direction for the study Secondly, to find out consumers brand preference among the four main players in Taiwans notebook PC market by carrying out questionnaire. Finally, to identify and evaluate consumer perceptions of HPs existing brand identity and communication methods. Research Question This study aims to provide significant data to support the selected topic. As DisplaySearch (2008) analysis indicates the increasing transition of consumers from desktop PCs to notebook PCs is having a direct impact on brands growth and market share, and as such the competition in the Taiwan notebook PC market is becoming increasingly intense. HP, one of the most successful and global notebook PC brands, currently operating in over 170 countries (Hewlett-Packard 2008a), needs to expand its market and succeed in Taiwans notebook PC market. Brands with established enterprise and retail presences have had the most success in growing market share in the past several quarters. HP promotes its brand with the slogan the computer is personal again, trying to emphasise personalised, advanced technology, together with an image of innovation image in order to gain worldwide market share. However, it seems these efforts are not working in Taiwan as effectively as in other regions. Therefore, HP struggling in the Taiwan market and facing increasingly strong international and local competitors in this market, does the brand identity which demonstrates personalisation, technology leadership and innovation really helps HP win the fierce competition in Taiwan market? And how HP can influence consumers attitude to improve HPs competitiveness in Taiwan? To this end some of the following questions will be part of the survey: What are most important factors when consumers choose notebook brands? How do consumers respond to HP brand identity? What do consumers think about HP brand communication methods? How do consumers position HP compare with three other brands? Dissertation Outline The dissertation is structured as follows. The introduction chapter is the overview of topic, industry status and research case objectives and goes in detail about the research work towards revealing consumer perceptions of brands. Chapter two is a literature review focusing on theories from concepts in branding discipline, consumer behaviour and marketing communication related to the notebook PC industry. Chapter three describes research methodology including research philosophy, research approach and strategy, the questionnaire design, and data collection. The fourth chapter consists of the research findings, where the empirical date is interpreted and discussed. The final part gives general conclusion as well as recommendations to HP, limitations of this study and directions for future research will also be presented. Literature Review Consumer Behaviour Consumer Behaviour Definition Arnould et al (2005) define consumer behaviour as the psychological and social processes that individuals or groups undergo in the acquisition, use and disposal of products (for example, notebook PCs), services (for example, professional software installation), ideas (for example, spiritual beliefs) or experiences (for example, travelling) and suggest that concept of the circle of consumption results in the marketing opportunities (see Figure 2-1). Understanding acquisition is very important to marketers and requires an understanding of the other phases where these links influence consumer beliefs, value and attitudes (Arnould et al 2005). Consumer behaviour is examined from market perspective that focuses on a particular brand and how to induce people to buy that brand whereas other academic researchers study consumer behaviour from behavioural and social sciences perspectives that emphasise an understanding and explanation of why, what and how people buy (Bagozzi et al 2002). Moreover, consumer behaviour is a division of human behaviour (Bagozzi 2002). Human behaviour refers to the process in which the individual interacts with his/her environment. This perspective tends to emphasise consumer behaviours and practices that help to organise our understanding of phenomena such as consumption rituals, myths and symbols as well as contribute a concern with the meaning and significance of consumption. Walters (1974) suggests that consumer behaviour concerns specific types of human actions that have a direct relation to the purchase of goods and services from organisations. The Use of High Technology It is necessary to know how people use high technology and what they intend to use it for by reflecting on the development of the high technology industry (Hamann et al 2007). Inventions such as the motor car provided products and were created to satisfy the real needs of people during the industrial age (Tomkins 2005). However, as life becomes busier and more stressful, people are forced to adapt the newest features offered by high technology continuously in all areas of their lives, even though they might not fully understood what it can do to help them (Kallaman Grillo 1996). This adaptation process is based on the evaluation of meaningful attributes that support a consumers beliefs, resulting shifts in a consumers frame of reference and evaluation criteria derived from the constantly changing environment, which makes it impossible to define a general pattern of purchasing behaviour (Hill 2003; Jiang 2004). Nowadays consumers expect convenience, quality and service in a product which is made available at anytime and at any place (Yelkur 2000; Winkler 1999; Silverhart 2004). Furthermore, people may adopt high-technology in order to remain in a particular social group or to join one they want to belong to (Kim et al 2001; Haughey 2004). Hamann et al (2007) define consumer electronics as electronic equipment intended for everyday use, which usually finds its application in entertainment, communications and office productivity technology such as mobile phones, digital cameras and notebook PCs. As the high-technology industry increased the speed of its development and started to increasingly focus on particular consumer segments and individual needs, people become more ready to accept technological innovations (McDaniel Gates 2002). For example, radio attracted 50 million listeners within 38 years of its invention and television required thirteen years to reach 50 million viewers, yet it only took the Internet four years to gain 50 million users (Temporal Lee 2001). The connection with brands and the problem of providing a unique selling point (USP) in current markets becomes a critical issue in this context, resulting in a shorter product life cycle (PLC), which has been reduced to a matter of weeks from what used to be years (Zajas Crowley 1995; Winkler 1999; Temporal Lee 2001). However, the most important change can be seen in the increasing adaptation of a mass-customisation strategy (Jiang 2004). The new toys produced by high-technology companies, such as the iPod and the Sony Playstation Portable (PSP), deliver apparently unique benefits to consumers, based on their image and preference match (Tomkins 2005; Klein 2000; Temporal Lee 2001). In order to build an effective branding strategy for current markets, it is therefore necessary to investigate consumers reasons behind buying high technology. The Consumer Decision Making Process Decision making is defined as a balanced combination of emotional and rational elements used to keep on looking for alternatives, to make a purchasing decision, or to get off the idea to buy entirely (Schiffman Kanuk 1994; Witt Meyer 2004; Hill 2003). Furthermore, the decision making process (refer to Figure 2-2) is a series of steps a consumer or an organisation may go through before choosing a brand or a product (Blackwell Engel 2005; Jobber Fahy 2003; Solomon M. et al 2002; Jobber 2007). This decision making process will be definitely influenced by consumer characteristics (Phillips Sternthal 1977; Wang et al 2008). Solomon et al (2002) suggest that consumer characteristics can be divided into two factors: demographic and life-style. In this research, some of the important elements of each factor appear in the questionnaire. Table 2-1 maps out the contents of each factor. A key determinant of the extent to which consumers evaluate a brand is their level of involvement which means the degree of perceived relevance and personal importance accompanying the brand choice (Blackwell Engel 2005). Jobber (2007) demonstrates that computer purchases are an example of high involvement decision making in Ajzen Fishbeins (1980) model (refer to Figure 2-3), which suggests that an attitude towards a brand is based on set of beliefs about the brand. High-involvement purchase models have proven more robust in predicting purchase behaviour than low-involvement purchases (Budd Spencer 1984; Farley et al 1981; Shimp Kavas 1984). Thus, investigating consumer attitude can be helpful in understanding consumers purchasing intensions. Effect of Consumer Attitude/Preference As we have stepped into the 21st century, the role of attitude has become increasingly important in influencing all aspects of consumer behaviour (Malhotra 2005). During the consumer decision process repeated, consumers have a kind of attitude to purchasing, such as beliefs, opinions, inclinations or biases, called consumer attitude that affects their decision making. More important these attitudes can be influenced and changed if the organisation adopts an effective communication strategy (Goldsmith et al 2000; Haugtvedt et al 1994; Brown Stayman 1992). Many studies identify the construct of attitude towards a brand as one of the most important determinants of consumers behavioural intentions (Fishbein Ajzen, 1975; Laroche et al 1996). Belk (1988) and Sirgy (1982) conclude the self-congruence theory explaining how consumers evaluate products to match their self-image. Ekinci Riley (2003), Graeff (1996) and Hong Zinkhan (1995) further suggest that a higher congruence between self-image and product image would positively prompt consumers attitudes or behaviour regarding brand attitude, brand preference, repurchasing intentions, product purchase decisions, and consumer satisfaction. Ahluwalia et als (2000) research shows that customers who have a positive attitude towards a brand (high commitment) would counter-argue negative information related to the brand and support the positive information. High commitment customers relate brand loyalty and advocacy with positive information about their favoured brand. Accordingly, low commitment customers give more weight to negative information than positive information because they perceive it to be more diagnostic. There are a number of factors which result in a consumers attitude to change including the nature of product change, strength of attitude towards the product, stored information about the product, product importance and communication. Based on these factors and research findings, discussion and recommendation will be introduced in the chapter five, mainly directed at possible changes in communication and perceptions in order to make the HP notebook brand more competitive in the Taiwanese market. Otherwise, the current research will provide some initial and exploratory insights into how notebook consumers perceive the different notebook brands in the Taiwanese notebook market. The survey questionnaire that examines consumer perceptions can be found in appendix B, and discussion on the main research findings are introduced in chapter four. Brand A brand is a distinguishing name or symbol (such as logo, trademark or package design) aimed to identify the goods or services of either one seller or a group of sellers, and to differentiate goods or services from those of competitors (Ghodeswar Luang 2008). Thus a brand signals to the consumer the source of the product and protects both the customer and the producer from competitors who would attempt to provide products or services that seem to be identical (Aaker 1991). Weilbacher (1995) argues that brands provide the main upon which consumers can identify and associate with a product or service or a group of products or services. From the consumers point of view, a brand can be defined as the total accumulation of all his/her experience. In other words, the brand is built up from all points of contact with the consumer (Kapferer 2004). A successful brand is an identifiable product, service, person or place, extended in such a way that the buyer or user perceives relevant, unique added values which match their needs most closely (Chernatony McDonald 1998). Branding in high-tech markets is also gaining increasing attention, since there is general consensus that branding becomes more important when high-tech products become accessible to mass consumers (Schoenfelder Harris 2004; Pettis 1995; Reddy 1997; Ward et al 1999). Successful brand building can not only strengthen a producers competitive position to withstand the increasing power of retailers (Park Srinivasan, 1994) but also bring advantages such as defending against competitors and building market share (Adams 1995). When the term brand equity is used in marketing functions it means brand description or brand strength, which is sometimes referred to as consumer brand equity to distinguish it from the accounting asset valuation meaning (Wood 2000). A better understanding of brand equity measurement is essential for an enriched operation of brand management (Pappu et al 2005). Pappu et al (2005) established a multi-dimensionality of consumer-based brand equity, consistent which is the conceptualisation of Aaker (1991). The overall results of the confirmatory factor analysis confirmed that consumer-based brand equity was a four-dimensional construct including brand awareness, brand associations, perceived quality and brand loyalty (Pappu et al 2005; Cobb-Walgren et al 1995; Zajas Crowley 1995). Washburn Planks (2002), Yoo Donthu (2001, 2002) and Yoo et al. (2000) developed a consumer based brand equity measure based on Aakers (1991) and Kellers (1993) conceptualisation but combined the dimensions of brand awareness and brand associations into one. Nevertheless, Wright et al (2007) discussed research issues concerning data collection, timing and measures of brand performance for the PC market and emphasised that it is important that the term brand equity is clearly defined and enjoys organisational consensus and perceived validity given the objectives and strategy for PC brands and the dynamics of the marketplace. There is no agreed measure of brand equity just as there are different measures of the various aspects of a brand. An important issue is how management finds it useful to define and use the term brand equity. Brand Awareness Brand awareness is regarded as an important notion in consumer behaviour, especially in terms of its implication to brand equity, which can be referred to as the value a brand name adds to a product. Keller (1993) declares that brand awareness is reflected upon consumers ability to recognise the brand under different circumstances. He suggests two basic approaches to measuring brand awareness. One is brand recall that relates to consumers ability to retrieve the brand when given the product category, the needs fulfilled by the category, or some other type of hint. Another is brand recognition that relates to consumers ability to confirm previous exposure to the brand when given the brand. Laurent et al (1995) also propose three classical measures of brand awareness in a given product category: (1) Spontaneous awareness: consumers are asked to name the brands they know without any cue, even if only by name, in the product category. The spontaneous awareness of brand X is the percentage of interviewees indicating they know the brand; (2) Top-of-mind awareness: using the same question, the top-of-mind awareness of brand X is the percentage of interviewees who name brand X first; (3) Aided awareness: brand names are showed to interviewees; the aided awareness of brand X is the percentage of interviewees who mention they know the brand. Laurent et al (1995) point out that for a leading brand, its aided awareness score may be extremely high, not allowing for detections of temporary changes; such changes may be more visible in a spontaneous awareness question. Conversely, if one is interested in a minor or start-up brand, one can be sure that its spontaneous score will be very low, maybe a few percent, not allowing for a very sensitive measure of evolution; its aided awareness will be more sensitive, and therefore more able to detect progresses in brand awareness. In this research, we are going to brand awareness for the four top laptop manufactures with both spontaneous and top-of-mind techniques to explore HP notebooks brand awareness in comparison with three other brands. Brand awareness plays an important role in understanding the consumer decision-making process. Many researchers assert that brand awareness has a significant effect on brand attitude and encourages consumers to consider products and services of that brand when purchasing (Brown Stayman 1992; K

Customer Service Representative Morale Essay -- essays research papers

A business seeks to make a profit by providing customers with goods and services. The success of the business is in the quality of the goods and customer service. Management and leadership styles have a great impact on the working environment and employees’ motivation. The working environment also affects both management and other employees’ motivation, which in turn influences the overall progress and well being of the organization. It all comes down to keeping employees enthusiastic and energized by developing a leadership style that will build teamwork and growth for the organization.   Ã‚  Ã‚  Ã‚  Ã‚  The managers’ leadership style contributes directly to the employees’ motivation and work satisfaction. There are many types of leadership styles, one that is task-oriented and the other is employee-oriented. A manage or supervisor with a task-oriented style will typically train and expect results as if they we doing the task themselves. On the other hand, the manager with an employee-oriented leadership style will foster team work with a concern in boosting employee self esteem, enhancing their decision making and problem solving skills. Not all leaders fall exclusively into one style or the other. Depending on the personality and the dominant part of the manager’s style, the effects on the customer service representative will vary. There are three main types of leadership styles that shape all kinds of leaders. The three types are the autocratic, democratic, and free-reign styles of leadership. The autocratic style of leadership would be considered the most task-oriented type, in which the manager carries out all the decision-making process without any feedback or suggestions from subordinates. Communication is one-way, where the work provided by the manager is to be done without any modifications by the subordinates. In this style of leadership, the delegation of authority is controlled, meaning that the decision-making is only performed by senior managers and is rarely delegated to subordinates along the chain of command. The democratic leadership style is more of a participative type of leadership. It is a two-way communication leadership, in which employees are allowed to contribute in the decision-making; however, the manager makes the final decision. The delegation of authority in this style of leadership is less controlled and more de... ...ses, motivating employees to produce the desired behavior. The days of a customer service representative sitting in a dimly lit cubical for hours on end, without the proper skills and information are long gone. The customer service representative today is a highly skilled individual with a passion for assisting each and every caller with the best possible service they can provide. They are empathetic, compassionate, and dedicated to the task at hand. They are truly an asset to any companies well being and success. References Leavitt, W.M. (1996). High pay and low morale-Can high pay, excellent benefits, job security, and low job satisfaction coexist in a public agency? Public Personnel Management, 25, 333-341. Khaleque, A., & Chowdhury, N. (1983, May). Perceived importance of job facet and over all job satisfaction of top and bottom level industrial managers. Paper presented at the proceedings of the third Asian Regional Conference of the International Association for Cross-Cultural Psychology, Bang, Malaysia. Rahman, T., Rahman, T., & Khaleque, A. (1995). Job facets and job satisfaction of bank employees in Bangladesh. Psychological Studies, 40, 154-156

Pro Immigration Essay -- Pros of Immigration, Immigrants

Pro Immigration   Ã‚  Ã‚  Ã‚  Ã‚  We live in the age where scandalous and controversial topics cover the news headlines. Such subject matters as homosexuality, A.I.D.S, and abortion are fiercely debated upon. Sides are always taken, with the conservatives battling the liberals. One such argument that has always been debated upon since the founding of this nation has been immigration. The fact that it has been argued over for so long makes it seem ironic. A country founded by immigrants perpetually arguing over immigration. The basis of this dispute runs deep and that is what will be discussed in this following paper.   Ã‚  Ã‚  Ã‚  Ã‚  Anti-immigrant sentiments have been circulating since the Alien Act of June 25, 1798 . The Act was the first federal legislation that dealt with the expulsion of aliens in the United States. Another landmark case was the notorious Chinese Exclusion Act of 1882. That clause revoked all Chinese immigrants to emigrate to the States for a period of ten years. It is so infamous due to the fact that it was the first bill that discriminated against any one particular race. Restrictions on immigration may seem to have been eradicated from current history but that is an oversight. Even in the "politically correct" society we live in today allows for these discrepancies, for in the Immigration Act of 1990 which brought up controls for immigration.   Ã‚  Ã‚  Ã‚  Ã‚  Behind all these legal documents there are reasons that spurred these causes. Certain prejudices against certain races or religion. The prejudices were not always a color issue as the current immigration problems are. In the beginning it was primarily Europeans. In particular the Irish and German were thought of negatively. The percentage of the Irish in the Mid-Atlantic went from 45.9% in 1870 to 48.5 in 1930. Germans in 1870 went from 31.4% to 35.6% in 1930 . The common belief was that the two races were against assimilation. They lived in their own communities and refused to learn the English language. But that belief like all others were false based. After the Germans and Irish started to finally assimilate we needed a new scapegoat. The next were the Italians and Jews, following them were the Catholics. Throughout history there were always someone who got the blame put on them. Lately the blame has been put upon Middle-Eastern, Asians and Hispanics.   Ã‚  Ã‚  Ã‚  Ã‚  Now that the b... ...ead a better life. Immigrants also by arriving to America they pass on knowledge of their own culture to help unify all the humans. Also by sharing their culture we are able to expand business further into other foreign countries. With the motivation and talent that they possess immigrants are the backbone for the continued growth of our country.   Ã‚  Ã‚  Ã‚  Ã‚  My stand on immigration is probably lucid. I am pro-immigration. Being an immigrant myself I have personally felt the hardships and prejudices held against me, simply based on skin color. Immigrants that arrive here usually come with a goal in life - to succeed on it. With that kind of mentality I share the same view as Stephen Moore. Even the undocumented immigrants that seem to be numerous is false, they only constitute roughly 1-1.5% a very small margin to say the least. This country was founded by immigrants, built by immigrants and flourishes because of immigrants. It seems only in dire times that America tries to find a scapegoat to use as a justification of why they are failing, when the truth of the matter is that the fact that we have to blame someone else we have a much more serious problem than we think.

Separation, Divorce & Annulment

SEPARATION, DIVORCE & ANNULMENT Introduction When two people are in a relationship they are usually in it forever. Unfortunately, it isn’t always the case and as you will learn in this unit, there are many things that could potentially be blamed for the breakdown of such relationships. This topic takes you into the world of divorce which is never an easy thing for any couple and if there are children involved (and there usually are); it makes the experience even worse. Some couples split amicably while for others the parting can drag on in what could seem like forever where the accusations and blame is often hurled from one party to another.In many countries, there has been a shift towards ‘no fault’ divorce. A no fault divorce is divorce in which the dissolution of a marriage does not require fault of either party to be shown, or the requirement of any evidentiary proceedings to take place. So either party may request a divorce despite the objections of the other party. No fault divorce systems are where the law provides for only one ground for divorce – this is that the marriage has broken down irretrievably (see example, s30(1) Family Law Act, Fiji).This does not necessarily mean that both parties to the marriage were equally blameless for the breakdown in the relationship but it does recognise that both may have contributed to that breakdown and that blame and accusation can aggravate what is likely to already be an unhappy and often bitter situation. Accusations and recriminations do not help this and may be particularly damaging for any children of the marriage, who, despite whatever the feelings of their parents, still need to have a mother and father.While marriage remains an important cornerstone for the stability of society and social ordering, the law allows divorce and provides a framework both for that divorce and for the consequences of that change of status especially as regards any children of the marriage and any prop erty interests which have arisen due to the marriage. 1. Ground s for Di v or c e Grounds for divorce are statutorily provided for throughout the region. They include: i. adultery ii. desertion iii. refusal to consummate iv. cruelty v. habitual drunkenness or habitual intoxication vi. onvictions for various criminal acts vii. failure to financially support the petitioner viii. failure to comply with a decree for the restitution of conjugal rights ix. being of unsound mine x. living apart for five years from the respondent with no intention of cohabiting xi. Presumed dead. LW310 Family law 4. 6 In Tuvalu, unless one party to a marriage has wilfully refused to consummate it, or the marriage was induced by fraud, duress or mistake, the sole ground for divorce is that the marriage has broken down completely (Matrimonial Proceedings Act [Cap 21] (Tuvalu) section 9).Evidence which may be accepted by the court to show that the marriage has broken down includes adultery, desertion, cruelty, being of unsound mind or if, in the circumstances, it would be unreasonable to expect one party to continue in the marriage. Whatever the evidence, however, the court must determine whether or not the marriage has completely broken down. A more restrictive approach is taken by Nauru where the court must find that the marriage has broken down irretrievably and it may only do so on one of four grounds.These grounds are desertion, separation for two years with consent of both parties or separation for five years and certain behaviour. These grounds need to be proved or parties need to fulfil strict conditions. The conditions relate to: †¢ living apart, †¢ attendance at court each month for six months after presentation of the petition, †¢ consistent and voluntary statements requesting the marriage to be dissolved and †¢ attempts by the court to promote reconciliation (Matrimonial Causes Act 1973 (Nauru) ss 10 and 12).Tonga prescribes eight matrimonial offences alth ough, with consent, the parties may also divorce after two years of separation. READ s 3 Divorce Act [Cap 29] (Tonga) There are only three grounds for dissolution of marriage in Tokelau – adultery, cruelty and three years of living apart (Divorce Regulations 1987 Reg 3). In Kiribati, fault grounds predominate. I-Kiribati parties may divorce if the court finds that their temperaments are incompatible (Native Divorce Act [Cap 60] s 4).However, the Matrimonial Causes Act 1950 (UK) which applies to other races in Kiribati and to foreigners in Solomon Islands, reinforces the fault based position by insisting on the blameless character of the petitioner and the fault of the respondent. In Fiji, the Family Law Act provides only one ground for divorce and that is irretrievable breakdown (s 30). This marks a shift to ‘no fault’ divorce, although often one of the various ‘matrimonial offences’ which may be relied on as a grounds for divorce elsewhere may have contributed to the irretrievable breakdown of the marriage – for example, adultery by one of the spouses.However a variety of lesser ‘fault’ may have led to the irretrievable breakdown of the marriage. What the court is looking for is evidence of conduct which makes it impossible for the two parties to continue to live as husband and wife in close proximity to each other and sharing the same home, resources and living space. I. Adultery Adultery is one of the most common grounds of divorce where it is still necessary to show fault.For the purposes of obtaining a divorce on the ground of adultery in fault based jurisdictions, a petitioner must prove that the respondent engaged in voluntary sexual intercourse with another person of the opposite sex during the subsistence of the marriage (Coffey v Coffey [1989] P 169). All jurisdictions except for Fiji, Nauru and Tuvalu list adultery as a ground for divorce. READ s3 (1) (a) Divorce Act [Cap 29] (Tonga) In Tuvalu adu ltery, if proved, is prescribed as evidence which a court may accept as causing the marriage to completely break down.READ s 9(a) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The fact of adultery must be proved to the satisfaction of the court although the required standard of proof is unclear. In Elisara v Elisara [1994] WSSC 14 the proof consisted of testimony of the petitioner and her sister that they had found the co-respondent â€Å"half dressed inside the matrimonial home† as well as the respondent’s admission. Chief Justice Sapolu recited the facts as follows; „The petitioner, the wife, and the respondent, the husband, are a married couple having been married on 5 January 1980.In the first quarter of 1993, the petitioner was under suspicion that her husband, the respondent, was having an affair with the co-respondent. The respondent was director of the Department of Lands and Environment until near the end of 1992. The co-respondent was a secretary in the same department. Due to her suspicions, the petitioner and her cousins kept watch of the respondent? s whereabouts on the nights that the petitioner and the respondent were not together. Then one night in the beginning of April 1993, the petitioner asked the respondent to drop her off at her family at Savalalo.Not very long after the petitioner was dropped off, she headed back with her sister and cousins to their matrimonial home at Waivaseuta. When they arrived at Vaivase-uta the lights downstairs of the matrimonial home were on but not the lights upstairs. The respondent came out of the house and asked the petitioner as to why she was there. The petitioner gave the excuse that she was there to look for a parcel. She searched every bedroom in the house and found the co-respondent in one of the bedrooms half-naked. She told the respondent this is the last time you will see me again in this house and then left.The petitioner? s sister also testified that she saw the co-respondent ha lf dressed inside the matrimonial home at Vaivase-uta on the same night. LW310 Family law 4. 8 In his evidence, the respondent admits having committed adultery with the co-respondent. He says he has never denied to his wife, the petitioner, that he had committed adultery with the co-respondent. The corespondent did not appear to give evidence. On this evidence, I find that the ground of adultery alleged in the petition had been established. Accordingly a decree is granted to dissolve the marriage of the petitioner to the respondent.?However, in Bhagmati & Another v Ishri Prasad [1974] 20 FLR 75, the Court dismissed an appeal by a wife against an order for dissolution of the marriage on the basis that admissions made by her were not voluntary. Mr. Justice Bodilly stated that: ‘The Court must have sufficient evidence before it to be reasonably satisfied. I think that it is clear that a court would not be reasonably satisfied upon a mere balance of probability, on the other hand I do not think that the standard of proof required is as high as that in criminal cases, namely beyond any reasonable doubt. It lies somewhere between the two?. READ THE CASE NOWProving adultery can be difficult and may depend on circumstantial evidence. Read the case of Sugar v Fatafeti [1993] TOSC 2 for an illustration of this. A fraudulent secret understanding between the parties – collusion – is also one of the discretionary bars available to some courts in the region. READ s 11 (2) Divorce Act [Cap 29] (Tonga) Condonation or connivance may also act as a bar to the relief sought by the petitioner, whilst forgiveness by the petitioner provides the respondent with a defence in the Marshall Islands, provided that the forgiving party is treated with â€Å"conjugal kindness† (26 MIRC 1 s17).See the Vanuatu case of Ilaisa v Ilaisa [1998] VUSC 16 where the question of condonation is considered. Adulterers must be joined as co-respondents in proceedings for divorce on the basis of adultery in most jurisdictions unless they are excused by the Court on special grounds. See Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 22; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 11; Kiribati and Solomon Islands Matrimonial Causes Act 1950 (UK) s 3 and Vanuatu Matrimonial Causes Act [Cap 192] s17. In Niue this is at the discretion of the court ((NZ) Niue Act 1966 s537.READ s 11 Divorce and Matrimonial Causes Ordinance, 1961 (Samoa) Proceedings against co-respondents may be dismissed by the Court if there is insufficient evidence against them. See for example, Samoa s. 10. LW310 Family law 4. 9 READ s 6 Divorce Act [Cap 29] (Tonga) In some countries petitioners have a right to claim damages against corespondents. See for example, Vanuatu, Solomon Islands and Kiribati. The Solomon Island and Vanuatu Acts provide that a petitioner relying on adultery as a ground for divorce may claim damages from any person.The amount of damages which may be clai med against co-respondents is prescribed in Tonga. READ s. 13 Divorce Act, 1927 (Tonga) In Cook Islands, Vanuatu and Tonga the courts may direct the manner in which such damages are to be paid or applied and the sex of the petitioner or respondent is irrelevant. However, only petitioner husbands in the Solomon Islands and non i-Kiribati in Kiribati may claim damages in adultery cases. The categorisation and amount of such damages, which are not specified in the Acts, (except in Tonga) has been the subject of some judicial concern.In Tonga where the amount claimed is specified, the court found in ‘Afa v Tali & Sika [1990] Tonga LR 185 that the maximum amount of damages should only be awarded where it was shown on the balance of probabilities that the conduct of the co-respondent brought about the breakdown of the marriage by, for example, seducing or enticing away the respondent. Further, damages were to be based on- (a) The actual value of the wife (sic) (in terms of money and companionship); and (b) Compensation for injury to feelings, honour and family life. Damages are measured as compensation and not to punish or make an example of the Co-respondent.This idea of damages as compensation rather than punishment was elaborated further in Lamatau v Mau [1991] TOSC 3. It has been indicated however that the award of damages is becoming less common and that the courts are reluctant to allow a change of claim to include damages – see Mamata v „Akolo [2001] TOSC 47. The Vanuatu case of Banga v Waiwo is further illustrative of the difficulties faced by courts in the region when interpreting legislation derived from colonial sources whilst attempting at the same time to acknowledge custom law and respond to local social conditions.This matter originated in the Senior Magistrates Court where the petitioner gave evidence that customary meetings had been held with regard to the marital dispute. As a result of these meetings the chiefs decided that the husband was to pay 20,000 vatu to the co-respondent’s husband and the co-respondent was to pay the wife 5,000 vatu and two pieces of calico. The petitioner was also to pay the co-respondent 5,000 vatu because she had â€Å"insulted† the co-respondent. Having refused to accept this decision, the petitioner approached the Court for a divorce and claimed 100,000 vatu damages against the co-respondent.The solicitor for the co-respondent argued that the sum claimed was excessive and amounted to punitive damages. Reference was made to the Matrimonial Causes Act 1965 (UK) on which the Vanuatu Act is based. In the UK, it was argued, damages are awarded on a compensatory basis only and this should also be the approach of the law in Vanuatu. The amount awarded by the Chiefs, namely 5,000 vatu, was submitted as being appropriate as compensation â€Å"for the loss of the Husband (sic). â€Å"On behalf of the petitioner it was submitted that section 17 (1) of the Act should be in terpreted according to the intention of Parliament. That section states that; †¢ A petitioner may on a petition for divorce claim damages from any person on the ground of adultery with the respondent. † †¢ It was also contended that â€Å"adultery is a serious offence in Vanuatu communities and that punitive damages are often given for adultery which show clearly that Vanuatu local circumstances are different from those of the United Kingdom.The Senior Magistrate (then) considered the issue of the interpretation of section 17 of the Act and referred to the rules in Heydon? s case (1584) as restated in Re Macmillion v Dent (1907) 1 Ch 120, Brett v Brett (1826) 2 D and s 8 of the Vanuatu Interpretation Act CAP 132. In determining the intention of parliament the Senior Magistrate found circumstances in Vanuatu to be quite different from those in the United Kingdom and the Acts themselves to differ in important respects. Unlike the position in the UK Act, which allows o nly a petitioning husband to claim damages, the Vanuatu Act is not so limited.In comparing the UK and Vanuatu jurisdictions, it was noted that in Vanuatu the law recognises civil, religious and custom marriages and customary law, pursuant to Article 95(3) of the Constitution. Further, because adultery is considered a serious offence on the basis of custom, ‘any damages claimed by the Petitioner against the Co-Respondent should be awarded in accordance with customary law. ’ The Senior Magistrate did not categorise the type of damages to be awarded. He found in favour of the petitioner with regard to the amount of damages, however, stating that, „†¦ 00,000 Vatu damages claimed against the Co-Respondent is not excessive and it should be awarded to the Petitioner in accordance with customary law. ’ The matter then went on appeal to the Supreme Court of the Republic of Vanuatu where Chief Justice Vaudin d’Imecourt held that, whilst exemplary damages could be awarded in an appropriate case, no evidence justifying such an award had been presented to the court. His Honour considered that custom law only LW310 Family law 4. 11 applied where no other law was in force. The Court also found that custom law is not uniform in Vanuatu and; Although it is conceivable that there might not be a need for strict rules regarding the obtaining of evidence of a particular custom if and when the need arises to establish a particular custom, evidence must, nevertheless, be obtained and a clear custom must be established. ’ READ Waiwo v Waiwo [1996] VUMC 1 and Banga v Waiwo [1996] VUSC 5 In Solomon Islands and Kiribati where UK Acts still apply, damages for adultery may be claimed by petitioner husbands. Where damages are not available the court may order an adulterer to pay costs. S t u d y T a s k 1 CONSIDER THE FOLLOWING QUESTIONSAdultery and Divorce 1. Do you think it is sufficient for the petitioner to simply show that the respondent ha s committed adultery OR that the respondent has committed adultery AND ALSO that the petitioner finds it intolerable to live with the respondent? 2. If it is sufficient only to show that the respondent has committed adultery is one incident of adultery sufficient? 3. To what extent should the court investigate the claim? If the petitioner files an affidavit stating he or she believes the respondent to have to have committed adultery is that sufficient? . What does adultery as a ground for divorce which is frequently relied on tells us a) about marriage b) about people? 5. Should it make any difference to a divorce petition if the petitioner has also committed adultery? 6. Is the adultery of a woman more serious than that of a man? If yes why? 7. If the ground for divorce is irretrievable breakdown or final breakdown of a marriage and the matrimonial fault relied on is adultery, should this be viewed more gravely than other matrimonial offences such as cruelty, habitual drunkenness, or desertion? . Could adultery be claimed as the ground for divorce even if in fact it is not this but other factors which have led to the irretrievable breakdown of the marriage? 9. To what extent should the law of divorce be used to punish adultery? 10. What is the advantage/disadvantage of joining a co-respondent to adultery in a divorce action? 11. Should a petitioner be able to claim damages from more than one corespondent? What are damages for in such cases? 12.Would it make any difference if the respondent had promised to marry the coLW310 Family law 4. 12 respondent? 13. Should a co-respondent ask if the respondent is married before having intercourse with him or her? 14. Should it make a difference – in law – if the co-respondent is married or not? 15. Is adultery a) unlawful b) immoral c) a fact which may be evidence of the breakdown of a marriage? 16. Should any consideration be given to the fact that there are children born from the adulterous union? II. De sertionIn Tuvalu and Nauru the sole ground upon which a petition for divorce may be presented is that the marriage has â€Å"completely broken down† (Matrimonial Proceedings Act Tuvalu s 9(1) and â€Å"broken down irretrievably†(Matrimonial Causes Act 1973 s 8 Nauru) respectively. In Tuvalu, desertion â€Å"without reasonable cause† (s. 9(2)(b) may be accepted as evidence of marriage breakdown whilst in Nauru it is one of the grounds which, if proved, can lead to a finding that the marriage has broken down irretrievably. (s 9 (1)(a)(ii) Desertion is not a ground for divorce in Tokelau.READ ss 9(1) and 9 (2)(b) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The applicable provisions in Kiribati, (Native Divorce Ordinance s 4(b) and Matrimonial Causes Act (UK) 1950 s 1(b)) Niue ((NZ) Niue Act 1966 s 534(3)(c)) Solomon Islands (The Islanders Divorce Act [Cap 48] S5(1)(b) and Matrimonial Causes Act 1950 (UK. ) s 1(b)) and Vanuatu ( Matrimonial Causes Act [Cap 192] s 5(a)(ii)) state that the respondent must have deserted the petitioner without just cause (the wording in the Kiribati and Solomon Islands legislation is â€Å"without cause†) for at least three years.In the Cook Islands and Nauru the period is two years prior to filing the petition ( Matrimonial Proceedings Act, 1963 (NZ) s 21 (c) and Matrimonial Causes Act 1973 ss 9(1)(ii), 12 (3). 54) Wilful desertion is statutorily provided for in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 21 (c)); Marshall Islands (26 MIRC 1 s 15 (c)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(b)) and Tonga (The Divorce Act [Cap 29] s 3(1)(c)). LW310 Family law 4. 13The Marshall Islands Act prescribes a period of not less than one year before wilful desertion may be alleged, Samoa prescribes three years and the other jurisdictions prescribe two years. READ s 7(1) (b) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) There appears to be no difference in law between wilful desertion and desertion as in all cases the burden is on the petitioner to show that throughout the statutory period the desertion subsisted without cause. A distinction can be made however between desertion and constructive desertion.Facts presented to the court must show that the respondent intended to leave the marriage and that the desertion was against the will of the petitioner. If the behaviour of one party to the marriage causes the other to leave the matrimonial home then constructive desertion may be argued. Cook Islands also allow desertion to continue notwithstanding that during the period of the desertion the deserting party becomes â€Å"incapable of forming or having an intention to continue the desertion† (Matrimonial Proceedings Act, 1963 (NZ) s 24)A review of desertion as a ground for divorce can be found in the Solomon Island case of Kikolo v Aberam [2002] SBHC 28. In the Fiji case of Kistamma v Sarojini [1977] 23 FLR 86, desertion was not made out because the respondent was found to have made a genuine offer to return to the marriage. See also Ledua v Uluiborotu [1994] FJHC 182 and compare Peck v Peck [1993] FJHC 34 There may be some confusion between desertion as a ground for divorce and separation. This was considered in the case of Peck v Peck [1993] FJHC 34 III. Failure to Consummate the MarriageThe issue as to whether or not the marriage has been consummated is dealt with in some jurisdictions as a ground for divorce and in others as rendering the marriage voidable. The latter approach is taken by Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 18 (2)(a)); Nauru (Matrimonial Causes Act 1973 s 22 (e)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 9(3)(a)); Solomon Islands (The Islanders Divorce Act [Cap 48] s13 (1)(a) and Matrimonial Causes Act 1950 (UK. ) s 8 (1)(a)) and Vanuatu (Matrimonial Causes Act [Cap 192] s 2(1)(a)).In Fiji, if a party was incapable of consummating, the marriage used to be rendered voidabl e (Matrimonial Causes Act [Cap 51] s 9(1) (a)) 70 whilst wilful and persistent refusal to consummate was a ground for divorce (Matrimonial Causes Act [Cap 51] s 14(c)). The new Family Law Act abolishes this ground for divorce. Inability of failure to consummate may however lead to the irretrievable breakdown of the marriage. In Tuvalu the term â€Å"voidable† is not used but wilful refusal to consummate provides an entitlement to divorce (Matrimonial Proceedings Act [Cap 21] s 8).LW310 Family law 4. 14 The Marshall Islands legislation provides that:- ‘A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled. (26 MIRC 1 s 12)?In Kiribati it is a ground for divorce if the respondent has either wilfully refused or is incapable of consummating the marriage (Native Divorce Act [Cap 60] s 4(d)) whilst in Tonga the section is much wider and provides that if:- †¦ the respondent at the time of the marriage is and continues to be incapable of consummating the marriage by reason either of some structural defect in the organs of generation which is incurable and renders complete intercourse impracticable or of some incurable mental or moral disability resulting in an invincible repugnance to sexual intercourse with the petitioner. Divorce Act [Cap 29] s3 (1) (e)) The petitioner has grounds for the marriage to be dissolved. In the region, only Tokelau does not provide for failure to consummate as either a ground for divorce or as possibly rendering a marriage voidable. IV. Cruelty Whilst cruelty is not mentioned specifically in the legislation of Cook Islands, Nauru, Niue and Tonga it is a ground for divorce elsewhere in the region in Kiribati Marshall Islands and Samoa. In Vanuatu, such cruelty must be â€Å"persistent†.A clear consideration of what may amount to cruelty was considered in the case of Kong v Kong [1999] VUSC 41. See also the approach taken in the Marshall Islands where; „the guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not amounting to physical cruelty, as to render the life of the other burdensome and intolerable and their further living together unsupportable? (26 MIRC 1 s 15(b)81) †¦is a ground for divorce.The scope of the cruelty is extended by the Regulations in Tokelau which specify that the cruelty can be directed to the applicant or â€Å"a child of the applicant† (Tokelau Divorce Regulations 1987 Reg. 3). The applicable provisions in Cook Islands, Niue and Samoa require that the respondent be not only habitually cruel but a â€Å"habitual drunkard† as well ((NZ) Matrimonial Proceedin gs Act, 1963 s 21 (e); (NZ) Niue Act 1966 s 534 (3)(d); Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(c)83). LW310 Family law 4. 5 In the Solomon Islands case of Elaine Bui v Anthony Makasi [1993] SBHC 3, the applicant succeeded in obtaining a divorce on the ground of cruelty. Justice Palmer held that it was not necessary to find physical violence and considered four specific allegations. Three of the allegations involved assaults and threats against the petitioner whilst the respondent was drunk and the fourth allegation involved an assault on the eldest child of the parties. READ THE CASE NOW V. Criminal ConvictionsIn the Cook Islands, Samoa, and the Solomon Islands and for non i-Kiribati only a respondent husband can be guilty of rape, sodomy or bestiality and sued for divorce by his wife. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(h);Kiribati Matrimonial Causes Act 1950 (UK) s 1; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(k), Solomon Islan ds The Islanders Divorce Act (Cap 48) s 5 (1) and Matrimonial Causes Act 1950 (UK. ) s 1) In Vanuatu, a wife may divorce her husband if he has been â€Å"convicted of rape or an unnatural offence† (Matrimonial Causes Act [Cap 192] s5).Incest, attempted rape or assault with intent to rape a child of the either party provides a ground for divorce in the Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 21(1) (g) and Niue (Niue Act 1966 (NZ) s 543(f)) as does sexual intercourse or attempted sexual intercourse with the child. Husbands in Niue who commit rape or buggery(s 543(g) or either party to a marriage in the Cook Islands, Samoa or Niue who is convicted of murder may also be divorced.Other criminal convictions which provide a ground for divorce are those which result in various periods of imprisonment including for a life sentence, seven years and five years. (E. g. Marshall Islands 26 MIRC 1 s 15(e) stipulates imprisonment for life or for three years or more; see also: S amoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(l) and Tonga The Divorce Act, 1927 s 3 (1)(a)). Serious offences against the petitioner are also specifically provided as a ground for divorce in three jurisdictions.In three of these, offences against a child of the parties are included: Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 21(1) (f); Niue (Niue Act 1966 (NZ) s 534 (3) (e)) and Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7 (d)) READ s 7(d) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) VI. Drunkenness In the jurisdictions where drunkenness is a ground for divorce, such as Cook Islands (Matrimonial Proceedings Act 1963(NZ) s 21(1) (f)) Samoa (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (d)) and Niue (Niue Act 1966 (NZ) s 534 (3) (e)) the legislation is not uniform although the CookIslands, Niuean and LW310 Family law 4. 16 Samoan Acts are in very similar terms. As noted above these Acts link drunkenness and cruelty. They also link other behaviour with drunkenness along the lines of traditional gender roles in marriages, as illustrated by the Samoan provision which states; that the respondent has for three years or more been a habitual drunkard and has either habitually left his wife without sufficient means of support or habitually been guilty of cruelty toward her; or, being the petitioner? wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (c)) In the Cook Islands and Niue, the relevant section is in similar terms with a three year time period for a husband who is a habitual drunkard or drug addict and who either leaves his wife without means of support or who is habitually cruel to her. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1) (e); Niue, Niue Act 1966 (NZ) s 534(3) (d)).A wife must be similarly addicted and either habitually neglect her do mestic duties and have been unfit to discharge them or be habitually guilty of cruelty towards the husband. (Cook Islands Matrimonial Proceedings Act, 1963 (NZ) s 21 (e)(i)which prescribes a period of two years following amendment by the Cook Islands Amendment Act1982; Niue Niue Act 1966 (NZ) s 534(3) (d)(i)). In the Marshall Islands the time period is reduced to not less than one year.The applicable section requires â€Å"habitual intemperance in the use of intoxicating liquor or drugs† (26 MIRC 1 s 15(d)). Obviously the time restrictions are used to bar applications for divorce after one or several episodes involving excessive use of alcohol or other drugs. VII. Failure to Maintain In Niue and in Samoa a petitioner wife may only rely on insufficient means of support if the respondent husband is a habitual drunkard or addict (Niue Act 1966 (NZ) s 534(3) (d) (i) and Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (c) (Samoa)).The equivalent provision in Marshall Island s targets the â€Å"wilful neglect by the husband to provide suitable support for his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation† (26 MIRC 1 S15 (I)). VIII. Presumed Dead In the Cook Islands it is a ground for divorce if the respondent can be presumed dead on reasonable grounds. (Matrimonial Proceedings Act, 1963 (NZ) s 19) Separate provision is made for this in Samoa where five years absence is required (Divorce and Matrimonial Causes Ordinance (1961) s 8) and in Nauru, Marshall LW310 Family law 4. 7 Islands and Vanuatu the period is seven years (26 MIRC 1 s 29; Matrimonial Causes Act 1973 s 29; Matrimonial Causes Act (Cap 192) s13). The United Kingdom legislation applying in Kiribati and Solomon Islands also makes separate provision for a decree of presumption of death and dissolution of marriage after seven years of absence (Kiribati Matrimonial Causes Act 1950 (UK) s 16; Solomon Islands Matrimonial Causes Act 195 0 (UK. ) s 16). IX. Unsound Mind or InsanityIn the Cook Islands a marriage is rendered voidable if at the time of the marriage either party was a â€Å"mental defective† (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (b)). Insanity, provided that it has existed for three or more years may provide grounds for divorce in one country (see Marshall Islands 26 MIRC 1 s15 (f)) but other jurisdictions refer to the â€Å"unsound mind† of the respondent to divorce proceedings. The length of time that a person has been of unsound mind, possibility of recovery and proof of the condition are material.Some jurisdictions require that the respondent be under care and treatment continuously for five years prior to the presentation of the petition for divorce (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(l); Kiribati Native Divorce Ordinance [Cap 60] s 4(e);Kiribati Matrimonial Causes Act 1950 (UK) s 1(d); Niue, Niue Act 1966 (NZ) s 534(3)(k); Samoa Divorce and Ma trimonial Causes Ordinance (1961) s 7(f), (g); Solomon Islands The Islanders Divorce Act [Cap 48] s 5 (1)(d) and Matrimonial Causes Act 1950 (UK. s 1 (d); Tonga The Divorce Act, 1927 s 3 (1)(d); Vanuatu Matrimonial Causes Act [Cap 192] s 5 (a)(iv)). Samoa extends its provision to cover the possibility of a confinement in another country (Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (g)). The Cook Islands, Niue and Samoa also cover the possibilities of respondents being of unsound mind intermittently and continuously for a number of years (Matrimonial Proceedings Act, 1963 (NZ) s 21(1) (j), (k); Niue Act 1966 (NZ) s 534(i) (j); Divorce and Matrimonial Causes Ordinance (1961) s7 (f) & (g)).Respondents must be either â€Å"unlikely to recover† (Cook Islands, Niue, Samoa, Tuvalu) or â€Å"incurably of unsound mind† (Kiribati, Solomon Islands, Tonga and Vanuatu). Reference may be made to applicable Mental Health legislation (Kiribati, Niue, Samoa, Solomon Islands and Tuvalu). There is no reference to insanity or unsound minds in Nauru or Tokelau. READ s 7 Divorce and Matrimonial Causes Ordinance, 1961(Samoa) X. Marital Breakdown – Living Apart The legislation in Marshall Islands, Nauru and Tonga provides a â€Å"catch all† provision in identical terms dealing with the behaviour of the respondent generally.The provisions require that the petitioner â€Å"cannot reasonably be LW310 Family law 4. 18 expected to live with the respondent† because of that behaviour (Marshall Islands 26 MIRC 1 s 9(1) (a); Nauru Matrimonial Causes Act 1973 s 9(1) (a) (i); Tonga The Divorce Act, 1927 s 3 (1) (g)). The parties are treated as living apart in Nauru unless they are living with each other in the same household although they may live together for a period or periods not exceeding six months, in an attempt to reconcile, without prejudice.In wider terms, the Tuvalu Act allows parties to divorce on proof that the marriage has broken down where â€Å"in the circumstances it would be unreasonable to expect one party to continue in the marriage relationship with the other†. READ s 9(2) Matrimonial Proceedings Act, (Cap21)(Tuvalu) When a party asks for a divorce on the ground that petitioner and spouse are living apart, is this just another way of claiming that petitioner has been deserted or is this a different ground? Some answer to that question might be provided in the case of Ng Lam v Ng Lam from Samoa.READ the Ng Lam case now XI. Incompatible Temperaments Kiribati is the only jurisdiction to allow divorce on the basis that the temperaments of the parties are incompatible (Native Divorce Ordinance [Cap 60] s 4(j). This is a significant departure from other jurisdictions and is clearly a no fault ground for divorce. The closest comparison is the provision in Tuvalu relating to â€Å"circumstances† as described in the preceding paragraph. However in Fiji, incompatibility of temperament might be a cause of the irretrievable breakdown of the marriage.XII. Disease Whilst the contraction of disease may render a marriage voidable in most jurisdictions it can be used as a ground for divorce in others. Kiribati prescribes â€Å"venereal disease† as a ground for divorce if certified as such by â€Å"a medical officer†(Native Divorce Ordinance [Cap 60] s 4(g)) whereas Tonga specifies affliction with â€Å"an incurable disease capable of being transferred to the petitioner by contagion of infection† (The Divorce Act [Cap 29] s 3 (1) (d)).The Marshall Islands prescribes leprosy as a ground for divorce (26 MIRC 1 s 15(g)) XIII. Other Grounds The Marshall Islands lists â€Å"neglect† or â€Å"personal indignities† as grounds for divorce if this renders the life of the other party â€Å"burdensome and intolerable† and the married life â€Å"unsupportable† (26 MIRC 1 s 15(b)). Kiribati has the additional grounds of epilepsy (Native Divorce Ordinan ce [Cap 60] s 4(f)); duress or mistake (s 4(h)) and parties within prohibited degrees of LW310 Family law 4. 9 consanguinity or affinity (s 4(i)) as grounds for divorce. Other jurisdictions categorise such issues as rendering a marriage void or voidable (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 7(1) (a) (ii); Niue Niue Act 1966(NZ) s 515). Similarly, the Tongan Act states that it is a ground for divorce if a respondent has a former spouse still living (s 3 (1)(b)), whereas this situation renders a marriage void in Cook Islands, Nauru, Solomon Islands, Samoa and Fiji.The Cook Islands and Niue provide that a husband can file for a divorce if without his consent his wife has been â€Å"artificially inseminated with the semen of some man† other than himself (Matrimonial Proceedings Act, 1963 (NZ) s 21(1)(b) and Niue Act 1966 (NZ) s 534(3)(b)). A marriage is rendered voidable in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d) and IN Vanuatu (Mat rimonial Causes Act (Cap 192) s 2 (1) (d)) if a wife is pregnant at the time of her marriage by some person other than the petitioner.The Cook Islands takes this situation further by providing for dissolution where a woman other than the petitioner wife is pregnant by the respondent (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d)) 2. Cus tomar y Di vor c e The divorce laws of the region are governed by written legislation – much of it introduced under colonial administration and now therefore, quite out of date. Where marriages may be entered into according to custom then customary divorce applies. This occurs in Vanuatu and Solomon Islands. Customary divorce also has some problems.Consider the two cases below. Both are from Melanesia. In all other respects, the two cases are very different. As you read To? ofilu v Oimae, a case from Solomon Islands, and the Wagi Non case from Papua New Guinea, consider what differences, if any, there are between the customary law of div orce and the statutory law of divorce. Consider also the attitudes of the two judges towards custom. READ To? ofilu v Oimai now And, when you have finished that case READ Application of Wagi Non 3. RECOGNITION OF FOREIGN DIVORCE DECREESAs Pacific people acquire greater mobility and come into contact with people of other nationalities and who are domicile in other countries it is not unusual that marriages and divorces occur outside the region or in a different jurisdiction. It is therefore important to know what recognition is given by domestic law to these decrees. LW310 Family law 4. 20 In Nauru, the Recognition of Foreign Divorces, Legal Separations and Nullity of Marriages Act 1973 provides guidelines for judicial recognition of foreign orders or decrees. The following sections give the grounds for recognition and the exceptions from recognition respectively:- . 4 (1) The validity of a foreign divorce, legal separation, annulment of marriage or declaration of invalidity of marri age shall be recognised if, at the date of the institution of the proceedings in the country in which it was obtained – (a) either spouse was habitually resident in that country, (b) either spouse was a national of that country; or (c) the proceedings by means of which it was obtained were held in the exercise in that country of a jurisdiction similar to any jurisdiction conferred in the Family Court in respect of proceedings in Nauru by section 44 of the Matrimonial Causes Act 1973. 2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce, legal separation or nullity of marriage, paragraph (a) of the preceding section shall have the effect as if the reference to habitual residence included a reference to domicile within the meaning of that law. (3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the preceding provisions of this section, except those relating to nationality, shall have effect as if each territory were a separate country†. s. 9 (1) Recognition by virtue of this Act of the validity of a divorce, legal separation, annulment of marriage or declaration of invalidity of marriage obtained outside Nauru may be refused if, and only if – (a) it was obtained by one spouse – (i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or ii) without the other spouse having been given, for any reason other than lack of notice, such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given: or (b) its recognition would manifestly be contrary to public policy. (2) Nothing in this Act shall be construed as requiring the recognition of any findings of fault made in a ny proceedings for divorce, legal separation or annulment or of any maintenance, custody or other ancillary order made in any such proceedings. LW310 Family law 4. 21 READ the following case Meleisea v Meleisea [1994] WSSC 24 Where legislation does not deal with the recognition of foreign decree, courts must have recourse to the common law. The case example above shows how this may occur in practice. It also highlights possible evidentiary problems when dealing with overseas decrees. 4. Divorce: Marital Agreements, Collaborative Law, Mediation and Family Arbitration Litigation has for a long time been the traditional battlefield for disputing parties within the Family Law.The financial and emotional cost of litigation in the Family Courts is an issue that has often prompted debate over the years. When parties engage themselves in long, drawn out disputes, the strain is not just felt financially, the children will often be victims, courts are clogged with an overflow of cases and the public will end up bearing the burden of resources spent. The time has come for courts to begin utilising different forms of resolving disputes within the courts and one such mechanism is arbitration or alternative dispute resolution (ADR).Dispute resolution is not a new concept to the South Pacific as most societies are familiar with one form or another. ‘Most Pacific societies are familiar with the ideas of â€Å"alternative dispute resolution† without necessarily being familiar with the term. As Vanuatu Chief Justice Lunabek informed a conference on conflict resolution held in Vila in 2000: â€Å"ADR is not a new concept to Pacific Island jurisdictions and, in particular, to Vanuatu. It is, in fact, consistent with traditional methods of dispute resolution that predated the introduction of the formalised system of justice. The resolution of conflict is described as being â€Å"deeply embedded in the culture† in many societies, so that its structures remained unobtrusive.? (Graham Hassal, „Alternative Dispute Resolution in Pacific Island Countries? [2005] 9 (2) Journal of South Pacific Law) In jurisdictions that utilise ADR in the Family Court, there are different processes currently available and these include: i. Counseling This can be likened to a sort of therapeutic process that is aimed at examining the underlying conflict between parties and with the goal of assisting with reconciliation.Parties are encouraged to sort out their differences rather than opting to go to court. In Fiji, one of the key strategies in the Family Law Act to provide support to troubled families is to make available within the Family Court an on-site counseling service. There is statutory requirement under s. 11 of the LW310 Family law 4. 22 Act for the Director of Counseling to „advertise the existence and availability of the counseling and welfare facilities of the respective Family Division? and as far as practicable, to make those facilities available to those seeking such services.The Act provides for three different types of counseling and these are marriage reconciliation, family and child counseling and financial and property conciliation. (See also the Family Protection Act, Vanuatu) Child counseling is an important component because the focus is on the parents coming to an agreement about issues pertaining to the child (ren) and this is done with the belief that the best judges of the children’s best interest are the parents and not the court. Section 50 and 51 of the Family Law Act, Fiji make provisions for child counseling.This is where a parenting plan may be drawn up by the parents. Some issues that the plan will address is where and with whom the child is to reside (focus will be on the effect of relocating a child from a familiar environment), the issue of contact between the child and the non-custodial parent and other persons, the maintenance of a child and any other aspect of parental responsibili ty towards the child. ii. Negotiation (including round table conferences and collaborative law) This seems to be the most common form of dispute resolution in family law.The simplest example of negotiation is where separated parties have discussions with each other to determine if they can resolve some or all of their issues. This is very similar to counselling where parties may be focused on what type of parenting arrangement they will agree to. Parties may choose to conduct negotiations on their own or if this proves too difficult then they may engage the services of their lawyers who will negotiate on their behalf. The latter form is now known as round table conference. A round table conference is one where parties and lawyers meet together, generally at one of the lawyers offices, to undertake settlement discussions. One or both lawyers will initiate the meeting. The conference can be used to resolve any type of legal issues, such as those about parenting and property and financ es. Lawyers need to come to the meeting prepared with all relevant information, such as valuation of properties and superannuation entitlements, where there is property dispute. If a dispute is complex, a series of round table conferences may be needed.? Alexander Harland et al, Family Law Principles (1st ed. 2011) A more complex form of negotiation is known as collaborative law which aims to resolve matters without recourse to litigation. Parties who choose to participate in this type of negotiation must sign an agreement that commits each of them to the process and this agreement includes an undertaking that parties will not resort to litigation. If one party wishes to opt for litigation then the disputing parties’ lawyers must be changed as they had originally signed the agreement on litigation.This is one drawback of this option. ‘Collaborative law may be appropriate where:  ¦ Parties in low conflict are motivated to work together with the assistance of their lawy ers to resolve their dispute, without going to court;  ¦ Parties are committed to negotiating a settlement outcome;  ¦ Parties may have substantial assets, and then can involve their accountant and financial advisors in the negotiation process.? (Alexander Harland et al, Family Law Principles (1st ed. 2011) This form of negotiation first began in the United States and Canada and is today used in Australia. ii. Mediation Mediation is a process where a third party enters the dispute as a sort of referee and to facilitate the discussion between disputing parties. This third party may be someone from the community, the family court, a counsellor, and even lawyers. The Family Court of Fiji operates according to simple, appropriate and effective procedures, offers counseling and mediation support services. „Mediation may be appropriate where:  ¦ Parties are able to negotiate with assistance and want to work towards settlements; Both parties are able to negotiate during the pro cess and are not prevented from doing so by an overwhelming power imbalance, due to family violence, mental health problems, cultural factors or other issues (or the process can be structured in an appropriate way; for example, shuttle mediation in separate rooms and each party has a lawyer representative during the mediation).? (Alexander Harland et al, Family Law Principles (1st ed. 2011) iv. Conciliation This process is not one aimed at getting the parties back together.Rather it is designed to allow for the disputing parties to settle issues regarding the settlement of matrimonial property. ‘The conciliator will be a qualified lawyer who will receive training in conciliation and alternative dispute resolution skills. They will discuss who will live in the matrimonial home or whether it should be sold; whether payments are to made to the Bank for loans; how much maintenance is to be paid for the children or the other spouse if relevant; how income once going into one family will be shared between two homes; their various financial commitments to the Bank or other debtors and any other financial matters.? Imrana Jalal (2009) in Narawa-Daurewa U, The Family Law Act of Fiji, 2003: A Brief Review of Provisions in the Act; The Impact on the Family (with Emphasis on Women? s Access to Justice) (LLM thesis, University of the South Pacific, 2010) Again the idea of this type of service in the Family Courts is to ensure that parties are the best judges and should try to resolve the issues themselves rather than litigating. v. Arbitration Arbitration is again another means of trying to resolve disputes by means of a third party involvement.The difference between arbitration and mediation is that with the latter you always have the choice of backing out or not accepting the options being offered by the other party (spouse). In arbitration, although the arbitrator cannot grant a divorce, they do have power over how property distribution and custody and access issu es are resolved. An upside to arbitration is that parties are able to keep matters out of court and private and it is also more cost effective. The downside is that for jurisdictions that offer arbitration processes in family law the order made by the arbitrator is not binding until registered in court.See for example, the Family Law Act of Australia. Conclusion Arbitration should be advanced as a desirable alternative to litigation. A revision of the family legislation in countries of the South Pacific is necessary at this time in light of the ever-increasing use of arbitration and the developments of the law in this area. Alternative dispute resolution is being used in other areas of law as a means of resolving disputes without litigating and so it begs the question, why is the family law being left behind? . Conc lus ion There are various models of divorce law evident in the USP region which can provide comparisons for reformers. Tuvalu, Kiribati, Nauru and Tuvalu have partial no fault systems and the remainder are largely fault based. Some, however, have retained the concept of matrimonial fault whilst allowing divorce after a relatively short period of separation. Those laws which focus on â€Å"fault† do so because this was the approach of colonial law prior to independence.This has also led, in two countries, to the application of different matrimonial laws to people in the same jurisdiction on the basis of race rather than relying on the domicile or residence of the petitioners. The legislation also reflects a time and culture when the roles of men and women were largely unquestioned and family life was designed for the procreation of children, the passing of inheritance to ones offspring and the restriction of sexual activity to the parties of the marriage exclusively. This is reflected most dramatically in some of the ‘failure to maintain’ grounds.In Samoa, alcoholic husbands must be sure to financially support their wives or face the possibility of divorce while alcoholic wives must determine the nature of their domestic duties and carry them out without neglect. Niue and the Cook Islands alert husbands to the possibility of wives being artificially inseminated with semen which is not theirs, whilst husbands in the Cook Islands and Vanuatu may opt out of a marriage if their wives, at the time of marriage and without their knowledge, were pregnant by a person other than themselves. Wives in the Cook Islands also have redress if their husband has fathered a