Operational Business Management II (Horticulture)

Lesson Structure

There are 7 lessons in this course:

1. The Law and Horticulture
2. Contract Law
3. Employment Law
4. PBL Financial Management
5. Staff Performance Management
6. Motivating Employees in Horticulture
7. PBL Management Case Study

Aims

• Discuss, examine and evaluate legal systems and laws that are relevant to the management of horticultural enterprises.
• Examine, evaluate and debate the elements that comprise the making of valid contracts in the horticulture industry.
• Demonstrate an understanding of the principal areas of employment legislation
• Compare financial management requirements for a series of optional horticultural enterprises in two or more different countries.
• Demonstrate an understanding of the principal areas of performance management and staffing within a business environment.
• Determine and apply an understanding of motivation theory to better manage staff performance within a horticultural business environment.

Do You Know How to Manage Legal Issues?

Regardless of the type of business entered, or the business structure chosen, there may be a number of legal issues that will need to be considered. Specific requirements and demands vary, and it is essential that you find out which apply to your business.

In addition to the regulations governing various aspects of conducting your business, certain types of businesses require one or more licences and /or permits before trading can commence.  This can be confusing for a new business owner, because licences can be required by a variety of federal (national), state and local authorities.

In addition to the regulations, permits and licences required to operate your business, there may be other restrictions which may impinge on a business.  These include:

• Trades practices
• Consumer protection
• Equal opportunity
• Occupational health and safety

Basic Contract Law
Many management actions are controlled and affected by legal contracts.  A legal contract has two components:

1. An offer
2. An acceptance

A contract does not need to be written on paper, but in order to prove what was offered, and what was accepted, the details of a contract should be defined very clearly and without any ambiguity.  The traditional, and often the best way of defining these details, is in writing.  Terms and conditions of a simple contract may be proven in other ways though, such as:

• Printing the conditions of purchase on a label, brochure, catalogue or even sign.
• A User Manual, Staff Manual, (if the contract is clearly stated as requiring a manual to be followed, then there is a provision for breach of contract to be challenged on the basis of a manual not being followed).
• Having witnesses in attendance at any meetings where a contractual agreement is reached.
• Recording a meeting on video, or as an audio recording.

Contract Variations in Different Countries
The advent of e-commerce has done much to facilitate international trade, the expansion of markets and the growth of new markets, to the advantage of the business world. However the ease with which business can now trade on an international level introduces legal issues and complications (risk) such as:

• Which countries law applies to the contract?
• Which court will settle disputes?

The rules, regulations and laws of trade vary from one country to the next. The way in which contracts are formulated also varies for example:

• Some countries may only accept written contracts as being the only form of legal contract (ie. some European and other jurisdictions). 
• Some countries require the contract to be written in two languages (ie. Canada – English and French).

Who Will Benefit From This Course?

• Managers of a horticultural enterprise
• Professionals working in the field looking to extend their skills and work opportunities