...The first issue is to look at whether June is considered an employee of Westwood or an independent contractor. This can be determined using the five common law tests. Firstly, using control test in Yewens v Noakes (1880), it was held that ‘a servant is a person subject to the command of his master as to the manner in which he shall do his work’. Secondly, the integration/organisation test is an alternative test to determine if an employee is “part and parcel of the organization”. In Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 63 ALR 513, courts held that the timber worker, Gray was not an employee of Brodribb but rather independent contractor due to the control test, as the degree of control was minimal. Thirdly, the business/economic reality test checks if the worker has engaged him or herself to perform the services, performing them as a person in business on his or her own account. In Market Investigations Ltd v Minister of Social Security (1969) 2 WLR 1, the court found that the extent of control exercised by the company was so extensive as to be consistent with the interviewer being engaged under a contract of service. The fourth test is the ready mixed concrete test which is a different approach to identify employment. However, this test has not generally been accepted because of the third consistency which states “the other provisions of the contract are consistent with its being a contract of service” provides no insight. Lastly the multi-factor test, in the case...
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...Identification the legal issue/s After examining the facts and circumstances of the case, June did not breach the contractual terms and she is allowed to claim legislative protections in relation to Malcolm’s conduct. June answered to an advertisement written by Westwood University Library. She went for an interview where she met Malcolm, her immediate supervisor and get to know the company’s policy, rules and regulations. At this case, June is not considered as a staff of Westwood University because she did not sign a contract, including the social networking policy that was implemented a month before she entered the company. Relevant Legal Principles There is a distinct difference between and offer and an invitation to treat. Accepting an invitation does not come into legal bindings. An invitation to treat is a mere declaration of willingness to enter into negotiation. Advertisement usually forms no part of the employment contract and the discussion in interviews will not automatically become part of the contract. For a contract to be form, an offer must be made and stated as it was an offer, not through mode of job advertisement. Element of a contract includes offer and acceptance, intention to create legal relations, certainty, consideration, capacity and legality. It is stated in both State Legislation (Equal Opportunity Act 1984 (WA)) and federal legislations (e.g. Race Discrimination Act 1975 (Cth.)) prohibit discrimination in relation to employment. Various...
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...31780446 31780446 Having examined the facts and circumstance of this case, I am of the view that based on common law tests and reasoning, Benny Brown is an employee. Common Law The common law provides a method of identifying employment. It aids to categorise work relationships and distinguish from one and another. In order to determine if or not a worker is an employee, the common law differentiates between an independent contractor and an employee. The legal status for an independent contractor is contract for service whereas for an employee is its contract of service. Control Test Control tests focused entirely upon the degree of control the ‘employer’ have over the worker. In the case of Federal Commissioner of Taxation v J Walter Thompson (Aust) Pty Ltd, the court concluded the actors as employees due to extensive control during rehearsals and the final performance. Using the Zujis V Wirth Brothers Pty Ltd, the High court found the artist under contract of service a. The reasoning was that, though the artist had complete control over the performance, it was subject to the direction of the proprietor in other aspects of the work. For our case of Greenest Trees Pty Ltd (GTPL), it had extensive control over the jobs allocated to Benny. This was indicated by GTPL that jobs were to be allocated on a call by call basis. However, Benny was permitted to attend private jobs, as long jobs allocated by GTPL had priority. It would appear as GTPL has close control over Benny on the...
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...employer have great control their servant/employees in their work performance. Control becomes an important key to determine if a person is an employee as of today or to show if there is an employment relationship. There are differences between employees and independent contractors, an independent contractor is a person who agrees to deliver a certain outcome whereas an employee, who must obey instructions from his or her employer in the discharge of his duties, so independent contractor act independently from the principal that hires him.The independent contractor can delegate others to complete the job as the principal is not concerned with how the contractor does it, so long the outcome is achieved. Using control test from the common law, we can determine that Amanda is an employee of the company as the company control her working hours. We are concerned with the nature of the control and the degree of the control – Federal Commissioner of Taxation V J Walter Thompson (Aust) Pty Ltd (1994) Case. In Walter Thompson case, the company hired artists to perform radio plays for advertisements. The High court of Australia found that the producer controlled the actors during rehearsals and performance and held that there is an employment relationship here. Thus , we can use this case to prove that Amanda is an employee of the company. We can use the multi factor test to determine whether Amanda is the employee of the company. The multi factor test is the primary test used in Australia...
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...There are laws that also assist both the organization and the employee so that both are protected against each other during a time of conflict. According to Equal Employment Opportunity Commission (2009) laws like Title VII of the Civil Rights Act of 1964, which makes discrimination illegal in regards to race, sex, color, and religion. The Equal Pay Act of 1963 (EPA) makes it illegal to pay men an women differently based on the fact that they are a man or women and the OSH Act which according to U.S. Department of Labor (2015) forces employers to maintain a safe work environment by assisting with development and training of policies. Each of these laws are made as a checks and balance mechanism when it comes to the organization and employees...
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...Workplace bullying and union involvement Introduction Bullying is all around us. We’ve seen it on the school playgrounds as children all the way through to the companies which we are employed. I’m sure at some point in our lives we ourselves have fallen victim to bullying or have even the person doing the bullying. Unfortunately, bullying is an increasing problem within the organization. To date, there are approximately 54 million people out there who have been victims to workplace bullying; of which, 45 percent suffer from various health problems due to stress and 40 percent were either fired because their work productivity diminished or they eventually quit because they couldn’t handle it anymore (Bennett-Alexander, 2012). Since bullying is such a common offense, it is often difficult to detect. This briefing will provide information about the problem, guidance on how to tackle it before it gets out of control, and what to include in an effective prevention policy and how to put it into action. What is bullying? The Occupational Safety and Health Administration (OSHA) classified workplace bullying not only as a form of harassment; they also gave bullying its own category under their definition of workplace violence (“Workplace violence”, n.d.). If not dealt with immediately, the bullying has the potential to lead into something more severe or fatal. Bullying is not just an employment problem; it’s an issue of power and feeling dominant. It can also raise...
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...aspects of security to present their views on how to understand and tackle a security problem, using the best research evidence available. Reports are written to appeal to security practitioners in different types of organizations and at different levels. Readers will inevitably adapt what is presented to meet their own requirements. They will also consider how they can integrate the recommended actions with existing or planned programs in their organizations. This CRISP report focuses on firearms in the workplace and their relationship with workplace violence. Author Dana Loomis, PhD, discusses how firearms end up at workplaces, and then assesses a host of opportunities to prevent any ensuing problems. His recommendations provide solid ideas on how organizations can avoid becoming victims of workplace violence, and how to implement recommended solutions. His discussion helps security practitioners think in a more informed way about firearms in the workplace and ways to prevent violence. CRISP reports are based on the Problem Oriented Policing (POP) Guides produced by the Office of Community Oriented Policing Services (COPS) of the U.S. Department of Justice, which can be accessed at www.cops.usdoj.gov. While that series summarizes knowledge about how police can reduce the...
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...WORKPLACE VIOLENCE: Criminology-CJ102-D04 December 3, 2003 THESIS: WORKPLACE AS IT RELATES TO CRIMINAL JUSTICE I INTRODUCTION: • Crime and violence • Workplace violence a major concern • The three entities involved II STATISTICS • The Bureau of Justice Statistics • Statistics from 1992 to 1996 • National Crime Victimization Survey and The Bureau of Labor Statistic III WORKPLACE VIOLENCE A LAW ENFORCEMENT ISSUE • Responsibility of Law Enforcement • The impact and ramification • The direction of Law Enforcement IV WORKPLACE VIOLENCE A CORRECTIONAL ISSUE • Correctional facilities a breathing ground for violence • Domestic violence to workplace violence • Introduction of a new program V WORKPLACE VIOLENCE A PRIVATE SECURITY ISSUE • The direction of Professional security • The scope of Professional security • The challenge of Professional security INTRODUCTION Initially, when we consider crime and violence the average American may envision or think of the inner city streets, area populated by “lower class status”, and poor neighborhoods. They may even think of sub cultural conflict, or conflict overseas. Then when asked what causes violence, the average American may consider poverty, racial disparity, ineffective families, substance abuse, and the list goes on. In most cases the average American maybe right, in their estimate of crime and violence. However, we tend to avoid or exclude the issue of crime and violence in the workplace...
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...Officers in Law Enforcement Abstract There are many factors in which comprise the impact of females in policing, one in which how they are treated within the work environment. Other things do come into play when trying to increase females in policing such as expanding on the diversity being accepted in police agencies. Many females think they are treated unfairly and unjust according to the system, it seems to always come back to the fact that women feel like they are being mistreated which needs to be changed. Females should not feel inferior to males within the workplace even if they are feeling belittled by other male officers. One way females can “vent” about what is being said or done to them, is mentoring within the workplace; this will help them with stress, and getting more comfortable with the job by being able to talk to someone about it. There are many positive affects that females have in law enforcement, and knowing that there should be a population growth with females in policing. Police departments are more diverse today than ever before. Females in policing are known to have a positive impact within all law enforcement, policing being most common. Many things come into play when females are within law enforcement, some being good, and some bad. Females do come across problems within the workplace, but so do males; this factor not setting them apart from males on the job. Females make a huge impact on policing in many ways, in which are positive to law enforcement...
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...the workplace have been a legal issue in the business field for quite some time. Citizens shouldn't be permitted to carry a concealed weapon to their workplace because this would cause more danger than it would protection in the workplace. Besides the dangers it will cause, on the civilian side there are also liability issues that have arisen concerning employee rights and workplace safety. There are laws passed at both the state and federal levels that allow United States citizens to carry concealed weapons as long as they retain a permit to do so. However, many businesses do not allow their employees to carry weapons on their persons, in their vehicles, or in their offices. The purpose of this paper is to state why citizens should not be allowed to carry concealed weapons in their workplace, the regulations that allow both employees to obtain weapons at work and the laws that refrain them from doing so. A common issue with concealed carry permit holders is deciding whether or not you can/should carry your gun at work. One’s place of employment is typically one of the top 3 places where you spend your time. There are also many issues that can affect other people’s decisions to turn violent (money issues can lead to desperation or anger in some people and situations). While the issue is extremely complex, you can usually boil the issue down to three factors. Does the law allow you to carry at work? The law usually leaves that decision up to the employer. However, the law will...
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...Employee Privacy Rights in the Workplace Vicki Puckett COM 120 Allyson Wells October 8, 2006 Do you think that your employee rights entitle you to workplace privacy? Well, think again. The fact is that most employers monitor their employee in one way or another. In the workplace, many employers are violating the privacy rights of their employees by surveillance, genetic testing, and sexual orientation. According to some workplace privacy studies, there is a good chance that your employer is monitoring your internet activities, including the Web pages you read, and messages you read and post in forums, blogs, and chat rooms. Your employer could also be spying on you in several other ways as well. Some may include recording your phone conversations, videotaping your every move within the company, and tracking your location with the company cell phone. Such monitoring is almost entirely unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and record most of your workplace communications. The rapid growth of workplace monitoring and surveillance technology has far out paced the development of laws that protect worker privacy interests. Modern technology has provided employers with more advanced and effective means of monitoring their employees. As a result, electronic monitoring of employees in the workplace has become far more prevalent in recent years...
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...University of Phoenix Material HRM 300 Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. | | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | | |Prohibits discrimination in hiring, |Jones v. Mayer Co (1968) |The law is important because it gives |This law prohibits discrimination in | |Civil Rights Act of 1964 |compensation, terms, conditions or |The court held in this case that |individuals equal rights. The law |hiring. | | |privileges of employment based on |federal law bars all racial |makes sure everyone is being treated | | | |race, religion, color, sex, or |discrimination, in sale or rental of |fairly and it ensures...
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...Employees’ rights at the workplace Herzing university Musa Alajil Class: Introduction to management Employees’ rights at the workplace Convenient jobs for all. Many people around the world try to find an income source to have a good life. The countries’ economy is different so the difficulty of having a job defer from country to country. Nevertheless, this does not mean accepting working under any condition. The workplace is a major part of the business and its success. This means that the employee must feel protected at his/her work. Many workplaces around the world lost its productivity and reputation because of work environment discomfort which caused the employees to leave their jobs. This can be reflected on the economy in general. Therefore, the governments and labor organizations created laws to protect the employees’ rights. The employee must have protective lows in terms of safety, health and discrimination. The employees at the workplace have the right to work in a safe environment. There is a huge number of industries worldwide. Every industry and company has different management structure as well as a different production process. All of these businesses and work places share the idea of the workplace safety importance. Therefore, many rules and laws were made to protect the employees’ safety. For example, OSHA (occupational safety and health association) is one of the most important rules in terms of workers and workplace safety. This administration was...
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...Electronic Surveillance of Employees Professor Michael Hall Law, Ethic, and Corporate Governance- LEG 500 November 1, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. You may think your United States employee rights authorize you to have a privacy workplace. People are wrong because, according to workplace privacy studies, the odds were good that your employer was monitoring all your internet actions, including your web pages and chat rooms (Niznik, 2011). If your company policy does not state there is a workplace privacy policy, your employer may watch, listen, and read just about everything in workplace area. Employers have the right to protect their business, their finances, and all of their equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without your consent...
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...Discrimination in the Workplace Joshua Najar Alejandro Komiyama Liria Nilzandra *out of country* Texas Tech University Sociology 1301, Section 004 November 7, 2015 The United States likes to believe that everyone living in it is equal to one another. Unfortunately, even in today’s world discrimination is still prevalent in our society. James Henslin, author of the book “Essentials of Sociology” defines discrimination as “an act of unfair treatment directed against an individual or a group” (G-2). One specific place in our society that still has discrimination is the workplace. A workplace can be described as “a place where people work, such as an office or factory” (Dictionary.com 2015). A company’s workplace can discriminate against a person’s race, ethnicity, gender, age, and religion. These discriminations will affect the person’s salary, work conditions, and determine if they get hired or not. Throughout time the United States has made several laws to protect certain groups against discrimination in the workplace. These laws have tremendously helped those groups however, they are still illegally discriminated against. There are numerous ways to analyze why there is discrimination in the workplace but we will be using the three sociologic perspectives. The three sociologic perspectives that we will use to analyze this topic will be the Structural Functionalism, Conflict Theory, and Symbolic Interaction. The Structural Functionalist Analysis will focus on how discrimination...
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