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Little Errors that Stand Between Us and Our Dream Job I Ijeoma Ucheibe

April 18, 2020 in Articles, Education

need to stand out in what I term ‘online etiquette ‘which I think is sadly lacking in today’s workplace culture and even in job applicants. This is the reason why companies, firms, and 21st century-styled government offices have resorted to the use of Applicant Tracking System software to sieve through curriculum vitae they receive so that only those that have that magic get in.

In my not-too-modest experience as the COO of The Bar List – a recruiting firm for lawyers and now as the Practice Manager at a top-notch law firm as The Law Crest LLP – I have noticed that these errors (as I would like to term them) occur over and over again and it just irks me considering that these should not happen looking at the ilk of employers you should attract as a candidate and the kind of candidates we look out for and demand. From my experience, these avoidable slips in the CVs that contain them, hardly get the required attention from us as recruiting agencies and ultimately organisations.

  1. Sending CVs or Applications with an email address other than yours

This particular one first got my attention largely because it happens often and I scoff at some candidates’ need to correct you as to their real names when you may have over 50 CVs staring at you waiting for a verdict – either to be cut or shortlisted. In opening an email address, it is always advisable that the recruiter or advertiser knows they are dealing directly with a said applicant as against another person who more often than not is unaware of applications having gone out from their email addresses. Where it is absolutely necessary to send such using an email other than yours, please indicate in a cover note for easier handling. While we are still on the subject of email addresses, please avoid words like “love”, “baby”, “sweetie”, “sexy” – I’m sure you get my drift. My advise: Keep your email address as official or corporate as possible.

  1. Sending solicitous messages via emails, text messages, Whatsapp chats etc.

Now your CV has been received and you have been contacted and informed that you have been shortlisted, PLEASE DO NOT BOMBARD WITH MESSAGES!!!! I had an experience one time where a candidate kept sending me messages coupled with frequent phone calls asking me to “influence” her CV being recommended for a job. Instinctively, I concluded the candidate was not qualified for the role! As recruiters, ours is to recommend based on how the candidate’s profile matches the job description. The final decision of whether or not to recruit is the exclusive preserve of the client. Since it is our integrity that is at stake, we will not recommend you if you don’t qualify – even if you call us with your blood!

Download – Little Errors that Stand Between Us and Our Dream Job by Ijeoma Ucheibe

A Comparative Study of Instituting Derivative Action Claims in Nigeria and The United Kingdom I Ijeoma Ucheibe

April 17, 2020 in Articles, Education

INTRODUCTION

The shareholders of a company entrust the daily management of the company to a group of experts, namely directors. But as the owners of a company, shareholders maintain certain means of influence over the management of the company in order to protect the value of their shares and their right to receive dividends. Normally their influence is exercised through the expression of opinions and the casting of votes at shareholders’ general meetings. However, there are other means of influence and one of them is the derivative action. It is ‘derivative’ as the party bringing the action does not have the right to sue, but such a right is ‘derived’ from that of the company. It is an action against directors brought by a shareholder on behalf of the company. Where a company has incurred damage due to a breach of duty by a director, the company is entitled to take an action against the director, but is usually reluctant to do so. The derivative action enables shareholders to enforce directors’ liability on behalf of the company.

Derivative action’ is defined as a(corporate) action by which someone enforces a right that belongs to a company for and on behalf of the company[2]. To provide further clarity to this broad definition, we can identify six features that are normally present in derivative actions:

(1) harm is done to the company;

(2) the harm is normally inflicted by someone who owes a duty to the company;

(3) the organ of the company that is legally empowered to rectify the harm by filing an action for relief in the name of the company has failed to fulfil its pertinent duties, most often because the person with effective control of the organ is the same person who caused the harm;

(4) an exceptional delegation of the company’s power to enforce its legal rights is given to another legal person (the ‘derivative plaintiff’) for the purpose of enforcing the company’s right through a derivative action;

(5) the cost of the derivative action is prima facie borne by the derivative plaintiff; and

(6) relief from a successful derivative action flows directly to the company(not to the derivative plaintiff).

A derivative action is not a qui tam pro corporatus quam pro se ipso. The shareholder is not demanding a right in his or her name as well as the corporation’s; but rather a right solely in the corporation’s name.

Download – Comparative Analysis of Instituting Derivative Actions by Ijeoma Ucheibe

 

The Most Favoured Nation Principle – Declining Effectiveness in the World Trading System I Ijeoma Ucheibe

April 17, 2020 in Articles, Education

INTRODUCTION

It is often been peddled around even though cliché that the world has become a global village thanks to technological advancement and also due to trading across borders which is an activity that has become a global phenomenon with its resultant effects. In view of these obvious developments, the need for regulations to govern these activities as it involved nations arose and one of the by products is the creation of the World Trade Organisation to cater to the administration of the various International Trade Instruments already in place before its coming into being. One of the aims of the WTO as enshrined in Art. I. and principles of the trading system is the creating of an international trading plain devoid of discrimination and this can be seen from two principles of the WTO;

  1. The Most Favoured Nation principle (MFN) and;
  2. National Treatment principle.

The Most Favoured Nation and National Treatment principle are well entrenched in the 3 major International trade instruments [General Agreement on Tarrifs and Trade (GATT), General Agreement on Trade in Services (GATS), Trade Related Aspects of Intellectual Property (TRIPS)] under the auspices of the World Trade Organisation.

In international economic relations and international politics, “most favoured nation” (MFN) is a status or level of treatment accorded by one state to another in international trade. The term means the country which is the recipient of this treatment must, nominally, receive equal trade advantages as the “most favoured nation” by the country granting such treatment. (Trade advantages include low tariffs or high import quotas.) In effect, a country that has been accorded MFN status may not be treated less advantageously than any other country with MFN status by the promising country. There is a debate in legal circles whether MFN clauses in bilateral investment treaties include only substantive rules or also procedural protections.

The members of the World Trade Organization (WTO) agree to accord MFN status to each other. Exceptions allow for preferential treatment of developing countries, regional free trade areas and customs unions. Together with the principle of national treatment, MFN is one of the cornerstones of WTO trade law. This principle also extends to foreign and domestic services, and to foreign and local trademarks, copyrights and patents.

This paper seeks to look at the philosophy of the non discrimination principle while considering its historical background and how it operates in principle under the three major international trade instruments. The paper concludes with a holistic study of its economic significance while weighing its effectiveness in the light of creation of other trading systems( MINTS, E7, BRICS) in light of existing realities in international trade and whether this recent retreat from MFN is something that represents a fundamental threat to the multilateral trading system or merely a natural evolutionary step on the path to greater trade.

Download – The MFN Principle – Ijeoma Ucheibe