During the old days, employment status is rather straightforward. However, as days went by, with the progress of society as well as technology, the nature of employment becomes more complex. Thus the employment status becomes vague, and in the event of employment disputes, the employment status is evaluated by the court of law based on the test of mutuality of obligation. The test of mutuality of obligation used in relation to the establishment of the employment status is closely related to employment rights. Many employment rights are highly dependent on the ability to establish the status of an employee. However there is no useful statutory definition on ‘employee’. The closest definition can be found in the Employment Right Acts 1996 (ERA 1996), section 230(1), but it is in a form of a circular, and thus it is of little help. Therefore, it is left to the courts to define what is an employee. Over the years, a number of tests have been developed to help the courts to make judgement. The employment status test identifies that, the employer has an obligation to provide work for the employee and there must be a reciprocate obligation by the employee. Failing these, a person is unlikely be classed as an employee (Bebbington Palmer). However, the application of these tests is not always easy or straightforward. The historical development on the tests for employee status showed that it had evolved from one of control (Yewens v Noakes) to
Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,
Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.
Walsh, D. J. (2013). Employment law for human resource practice (4th ed.). Mason, OH: South-Western Cengage
When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of
Employment contracts are encased by many legal frameworks which significantly influence the how the contracts are interpreted and enforced. These legal frameworks include tests used by courts to determine who is an employee and how these tests were altered by the Pointe-Claire v. Quebec case trialed by the Supreme Court of Canada,
The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.
Identify and analyse the reasons why it is important to determine an individual’s employment status.
- Describe the role played by the tribunal and courts systems in enforcing employment law
1.3 Identify and analyse the reasons why it is important to determine an individual’s employment status.
The company followed all employee performance review procedures correctly. It is standard practice for companies to place the best-suited candidate in vacant positions. The use of employment evaluations ensures that all candidates are given equal opportunity for job advancements. Should Mr. Green have given Tracy poor performance evaluations on a consistent basis, Tracy may have been able to prove a discrimination claim. It is important to have set policies in place to keep employees informed of what criteria must be met for company advancement or promotions. Employment manuals are a suitable method of ensuring that employees are notified of company policies.
It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.
Employment Law came into picture to bring a balance to the society in terms of
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.
The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as
The role of employer or management is very important in employee relation as they are responsible to make planning, organizing, leading and controlling the workforce, increase motivation, engaging employees and develop or avoid relation with trade union in order to enable organization to achieve their goals effectively and efficiently (Marchington & Wilkinson, 2008). Either management can adopt centralized system where participation of employees ignored in making policies and procedures or