...Introduction This paper will talk about the employment relations from two perspectives, a unitatist perspective and a pluralist perspective, and then make an analysis of the Australian Waterfront Dispute 1997-1998 from these two perspectives. In order to make clear the changes of the stevedoring industry in Australia, one has to understand the disputes occurred between 1997 and 1998. These disputes were not simple because they demonstrated the employment relations in the industry or even the whole economy (Trinca and Davies, 2000). Thus, what is the Australian Waterfront Dispute 1997-1998? And how it happens and changes? About these two questions, the paper will give a clear outline on the changes and related issues of the Dispute in its third part. And to be in accordance with the question requirements, the paper will also tackle what are unitarist and pluralist perspectives in the second part. The detailed information about these two perspectives are based on the PPTs in class and related theories, as well as some philosophical ideas. After clarifying the two perspectives, making an analysis of the Australian Waterfront Dispute 1997-1998 is essential to answer the question. As mentioned, this section will be included in the third part. Now it comes to the last part, the conclusion part. In this part, the paper will give an overall evaluation on the two perspectives in the process of dispute changes, and show the author’s standpoint on this issue. Analysis of Australian...
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...Employment Relations is the study of the “regulation of the employment relationship between employer and employee, both collectively and individually, and the determination of substantive and procedural issues at industrial, organisational and workplace levels” (Rose, 2004). It functions as the association between workers and managers and is present when employees carry out work under certain conditions in return for something to compensate for the provision of their service; usually in monetary terms. Through this relationship, the rights of both the employer and the employee are established and it operates as the channel through which workers can gain access to the many benefits associated with employment such as a good wage, job satisfaction and opportunities for career development. Ultimately, an employment relation is about “the creation of order at work” through a “system of rules established through joint regulation”. It is sometimes described as the “incomplete overlap in interests” and takes into account the roles of the main actors in this relationship looking at how each unit is interlinked to create a successful working environment. The key characters are the organisation itself (capital), labour (employees and trade unions) and of course the state (government). This essay aims to address the various approaches taken by workers in the field of employment relations, focus on their strengths and limitations and to identify key aspects which...
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...Employment relations and law Assignment One Employment relations and law Assignment One Abstract A written commentary discussing how the issues are dealt with in the system from the 3 clippings on issues of concern to employment relations (e.g. dismissals, worker grievances, wage decisions, award decisions.) Abstract A written commentary discussing how the issues are dealt with in the system from the 3 clippings on issues of concern to employment relations (e.g. dismissals, worker grievances, wage decisions, award decisions.) S/No | Clipping | Attachment | 1 | Frozen yogurt chain llaollao under investigation for turning away Singaporean | | 2 | Industrial Relations Act: PMEs can now be represented as a group by rank-and-file unions | | 3 | Improving productivity critical to higher wages, job security: NTUC | | --- Employment Relations is about how people work with one another to deliver the goals of the organization. One of the key concern will be how to prevent and resolve any problems involving individuals which arise out of or affect work situations. From the clippings collected, it is clear that our tripartite partners – represented by the Ministry of Manpower (MOM), Singapore National Employers Federation (SNEF) and National Trades Union Congress (NTUC), has an important role to play in today economy. Under the GUM Tripartite model, it states the relationship between the three actors (Government, Union and Management), where...
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...terms, Employment relations is concerned with the theory and practice associated with the management and regulation of the employment relationship. In particular, it is concerned with the socio-political dimension of the employment relationship and the distribution of power between management and employees, the incidence and expression of conflict and the social and legislative regulatory framework within which the employment relationship exists. Employment relations is the contemporary term used to refer to what has traditionally been called ‘industrial relations’. As both an academic area of study and a set of organisational activities, industrial relations has traditionally referred to the management of the relationship between trade unions and management and associated processes including collective bargaining, negotiation and consultation and industrial conflict. The use of the term ‘employment relations’, rather than industrial relations, reflects a range of developments in the political, economic, social and legal context of the employment relation- ship that have taken place over the last three decades. The advent of new forms of employee management, such as HRM, alongside shifting industrial structures to a service-dominated economy, declining trade union power and influence, political antipathy towards the union movement, greater individu- alisation and flexibility in the management of labour and changing social attitudes have created a more diverse employment landscape...
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...if they feel that the contract is being obeyed, then there are no problems and no action is needed. These parties include employers, managers, individual employees and their work colleagues. There are two main types of employment contracts, Legal and psychological contracts (Gardner 1992) The legal employment contract mainly refers to things that an employer/employee must legally provide to each other - things that are covered in a typical employment contract such as a certain number of work hours per week, a certain salary in exchange for performing a defined job, safety at work, equal employment opportunity, etc. Anything covered by law. (Balnave 2009) They are usually arranged when someone joins a particular organisation, and they contain specific clauses that cover official terms and conditions of service, including compensation and other conditions, together with sanctions if the contract is not satisfactorily fulfilled. Usually, a formal employment contract is associated with a unique, individual, Person Specification and job description however they are generally written and ‘offici al’, and tend to be dominated by employer expectations (Balnave 2009). The General assumption of contract law and the specific particularities of the contract of employment give the employer considerable discretion and power over the employee. This occurs under the excuse that they both are unrestricted and equivalent parties to contract of service. This foundation is however, modified by...
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... | |Activity 1 | | |Understand the impact of employment law at the start of the | | |employment relationship | | | |2 – 4 | |Activity 2 | | |Understand the main individual rights that the employee has | | |during the employment relationship | | | |4 – 10 | |Activity 3 | | |Understand the issues to address at the termination of the | | |employment relationship...
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...21169290 Student No - 21169290 Dr. Ian Steers Employment Relations May 2012 Critically assess the proposition that the government should not intervene in the employment relationship CONTENTS Introduction…................................................................................................................................2 Structured Antagonism….............................................................................................................2 Government Intervention…..........................................................................................................3 Power…..........................................................................................................................................3 Unfair Dismissal….........................................................................................................................4 The Working Time Directive.........................................................................................................5 The National Minimum Wage Act.................................................................................................6 The Psychological Contract.........................................................................................................7 Conclusion.....................................................................................................................................8 References…..........................................................
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...1 ( 1.1) internal and external factors which impact on the employment relationship Unions try to obtain a higher wage for their members than would be offered in the absence of the union which results in workers taking a greater share of profits at the expense of the firm. This monopoly of unions might lead to deteriorating employee relations where it leads to management adopting anti-union strategies, intensifying conflict, while the union mobilization needed for the union to have monopoly power may lead to anti-management views on the part of the workforce. Pay bargaining may have similar effects in the public sector where wage demands must be satisfied, along with competing claims for resources, from fixed budgets set by officials. On the other hand, unions can lead to improved employment relations through effective communication between management and employees and the resolution of employee grievances. Quits are lower where unions are present and where unions are stronger supporting the idea that effective union voice reduces employee exits and therefore contributes to stability in employment relationships. Diversity in the workforce is normally regarded as a positive for companies that manage it effectively as enhances customer relations, creativity, flexibility and innovation and development, however if not well managed, significant differences in ethnicity, race, religion, gender and other individual traits can produce negative effects. If you have...
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...Report Employment Relationship Student’s name: SamuelBudhathoki(14244889) Raymond Bright (15683108) ZahidRizvi (15222831) Lecturer’s name: Christina Howe Date of submission: 2nd April 2012 TABLE OF CONTENTS 1.Introduction...............................................................................................................3 1.1 Employment relationship defined...............................................................................3 1.2 A brief history of industrial relations in Australia.......................................................3 2.0 Changes in workplace relations and employment relationship................................ 4 3.0 Casualisation and employment relationship.............................................................4 4.0 Technological change and employment relationship……………………………………………..5 5.0 Change in government policies and employment relationship………………………..……. 6 6.0 Change in trading hours and employment relationship…………………………………………..6 7.0 Union involvement and employment relationship………………………………………..………….7 7.1Example of union’s involvement……………………………………………………………….……………8 8.0 Equal Employment Opportunity and Employment Relationship……………….……….…..8 9.0 Psychological contract and employment relationships…………………………….……………9 10.0 Conclusion……………………………………………………………………………………………….……………9 References……………………………………………………………………………….…….…….……..11, 12 1.0 Introduction The Employment...
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...Most ethnic Chinese share a common Confucian legacy with the Japanese and Koreans, but the way the Asian Chinese run their organizations, differs from them. The unique way that the Chinese business system operates is known as ‘overseas Chinese management’ (Petzall, Abbott & Timo 2007). Although both the Japanese and Koreans and the Asian Chinese are collectivist, community is more important to the former, while family ties and ‘guanxi’ are more significant to the latter (Petzall, Abbott & Timo 2007). ‘Guanxi’ is a special relationship between two individuals due to the existence of particularistic ties who are obliged to maintain a long-term relationship with mutual commitment and loyalty (Chen & Chen 2004). Overseas Chinese management is practiced by ethnic Chinese nationals in Singapore, Malaysia, Hong Kong, and other Asian countries who run their own businesses. According to Petzall, Abbott and Timo (2007), these traditional Chinese family firms are usually small-scaled businesses that employ no more than 200 people. Being small-scaled, there is little need for labour specialization and a high degree of structure and formality within the organization. Thus, there are few rules and standard procedures and low files and records in such small family businesses. Although there is no clear hierarchy of authority, the assumed important positions like owners, executives and managerial roles are held by family members and by others who have that special ‘guanxi’. Decision-making...
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...CONTEMPORY EMPLOYMENT RELATIONS EMPLOYEE-CONTRACTOR CASE Introduction: 148 There are a few different ways in which organisations can employ people. The two most common methods that businesses use are to employ people into the company as an employee or as a contractor. According to the IRS, under common-law rules, ‘anyone who performs services for an employer is an employee if the employer can control what will be done and how.’ On the other hand the IRS defines a contractor as ‘an individual is an independent contractor if the organization has the right to control or direct only the result of the work, not the means and methods of accomplishing the result.’ This case study will use the ‘multi factor test’ to explore and analyse the dilemmas identified in the case study. Precedent cases will be used to arrive at decision as to the employment relationship between Joseph Raphael (“the Plaintiff”) and Vincent Van Gallery (“the Defendant”). Body: 1100 Elements of a contract According to Lord Diplock in United Dominions Trust Ltd v Eagle Aircraft Services Ltd, “a bilateral contract is where each party undertakes to the other party to do or to refrain from doing something, and in the event of his failure to perform his undertaking; the law provides the other party with a remedy”. There are four main elements that create the backbone of a legally binding contract. The first requirement for a valid contract is an agreement, which consists of an 'offer' and an 'acceptance'...
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...Performance appraisal is one of the human resource management functions that can increase employees' commitment efficiently in the organisation. Many factories and companies have been controlled employees to work hard rather than motivate them properly. Whereas, control does not always increase the performance of employees. It also might reduce productivity. In this essay, it argues that managers can try performance appraisal to move from control to commitment for employees' works and make the organisation successful. Moreover, rewarding performance, goal-setting and feedback are the most essential processes to help and increase better performance in the work environment. However, performance appraisal can be ineffective, if there are an unfairness and lack of preparation in the process. Strategic human resource management is a method which is connected human resource management function and strategy to improve the performance of the organisation. In many organisations, Strategic human resource management has been one of the significant key of developing performance process. It emphasises on a long term strategy to achieve its goals including structure, quality, culture, values and commitment. Walton(1985) stated that the control strategy is a traditional approach which scientific management is a real model of control. Employees work as machines under the control of managers. The claims of employees seem to be constrained. There is no opened opinion for employees to comment...
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...vital resource for any organization. It is responsible for each and every decision taken, each and every work done and each and every result. Employees should be managed properly and motivated by providing best of their abilities as per the industry standards. There are many activities in HR that the employee’s working in the HR department needs to partake in to support an organisation. Below are three that I have decided to focus on Recruitment and selection: When it comes to recruiting for an organisation, an HR employee has a lot to get involved in. They are the ones that arrange, or provide assistance in posting vacancies, developing and implementing recruitment strategies, identifying and selecting candidates, assuring all pre-employment requirements are met, and confirming job offers. Advertising the job role is something an HR employee has to do. They can advertise job roles in many different ways such as internal emails. Most companies start out emailing internal employees about current job vacancies incase another employee would like to apply for the role or a friend or family member would. This is cost effective as no money is spent on advertising publicly; therefore if they are working within a budget, this is a good way to save money. Advertising publicly can become an expense. If an HR employee does choose to advertise publicly such as in the local paper, then they will have to work on writing the advertisement and sending the advertisement to the local papers...
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...Supporting Good Practice in Managing Employment Relations – 3MER 1.1 Describe 4 factors, 2 internal and 2 external, which impact on the employment relationship There are several external and internal factors that might impact on the employment relationship such as the following examples: External Factors: 1. Given the state of the recession and how it might have affected an organisation’s finances, this has a large impact on the employment relationship i.e. due to cuts there be maybe redundancies, therefore leading to loss of jobs. 2. Another external factor that might impact on the employment relationship is the social impact. Organisations must be able to meet the demands of the business whilst managing the needs of their employees who due to social factors such as family etc. means organisations have to offer incentives such as flexible working, home-working or job sharing and other benefits such as holidays etc. in order remain competitive in order to attract candidates. Internal factors: 1. An internal factor that might impact on the employment relationship is the employment contract. ACAS notes: “A contract of employment is an agreement between an employer and employee and is the basis of the employment relationship”. ACAS also notes “A contract of employment will contain some terms such as: Statutory terms- “imposed, varied or regulated by law such as the minimum statutory notice period”. Express terms: “these are terms that have been specifically...
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...main changes that have occured to the employment relations environment. A successful employment relationship is the fundamental element of any successful business or organisation, hence, it is essential and the reason of all the organizations continues seeking methods to improve and maintain these relationships. There are many philosophers and writers have studied and written lots of different theories and approaches that are related to employment relationship. These theories and approaches have changed rapidly from the classical era to the modern era. Furthermore, illustrating issues that have evolved through changes in the employment relations environments such as the nature of work, technology, managerial regimes, regulation, policy and globalisation. The purpose of this essay is to identify and explain the main changes that listed above. The second part of this essay identifies those changes or improvement of employment relations environment that can benefit both the employers and employees by creating a healthy and supportive working environment. Employees who have strong employment relationships, are more satisfied and keen on work, also, they tend to have helpful and friendly co-workers as well as high levels of employee trust and commitment with employer. The establishment of regulation and policies such as labour law, minimum wages, Occupational Health and Safety (OHS) enhance safety and security in workplace. Thus, strong employment relationships are beneficial to both...
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