Related Research Articles
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts.
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.
Freelance, freelancer, or freelance worker, are terms commonly used for a person who is self-employed and not necessarily committed to a particular employer long-term. Freelance workers are sometimes represented by a company or a temporary agency that resells freelance labor to clients; others work independently or use professional associations or websites to get work.
A zero-hour contract is a type of employment contract between an employer and an employee whereby the employer is not obliged to provide any minimum number of working hours to the employee. The term 'zero-hour contract' is primarily used in the United Kingdom.
The Australian Fair Pay and Conditions Standard was a set of five minimum statutory entitlements for wages and conditions introduced as part of the Howard government's WorkChoices amendments to Australian labour law in 2006 and then abolished by the Fair Work Act 2009 in 2010.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
In Australia, labour hire is referred to by the legal term of art labour hire arrangement, and refers to the employment practice of an employer supplying its employees to another workplace, for profit.
Nethermere Ltd v Gardiner And Another [1984] ICR 612 is a UK labour law case in the Court of Appeal in the field of home work and vulnerable workers. Many labour and employment rights, such as unfair dismissal, in Britain depend on one's status as an "employee" rather than being "self-employed", or some other "worker". This case stands for the proposition that where "mutuality of obligation" between employers and casual or temporary workers exists to offer work and accept it, the court will find that the applicant has a "contract of employment" and is therefore an employee.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer.
Autoclenz Ltd v Belcher [2011] UKSC 41 is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals. It confirmed the view, also taken by the Court of Appeal, that the relative bargaining power of the parties must be taken into account when deciding whether a person counts as an employee, to get employment rights. As Lord Clarke said,
the relative bargaining power of the parties must be taken into account in deciding whether the terms of any written agreement in truth represent what was agreed and the true agreement will often have to be gleaned from all the circumstances of the case, of which the written agreement is only a part. This may be described as a purposive approach to the problem.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. It replaced the Howard government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.
The National Employment Standards (NES) is a set of eleven minimum entitlements for employees in Australia who are covered by the Fair Work Act 2009. An award, enterprise agreement, other registered agreement or employment contract cannot provide for conditions that are less than the national minimum wage or the National Employment Standards and they can not be excluded. The NES have applied to employees since 1 January 2010, having replaced the previous five entitlement standard under the WorkChoices legislation.
Commonwealth Bank of Australia v Barker is a leading Australian judgment of the High Court which unanimously and firmly rejected the proposition that contracts of employment in Australia should contain an implied term of mutual trust and confidence.
Jinkinson v Oceana Gold (NZ) Ltd was a decision of the Employment Court of New Zealand regarding the real status of a worker as either a permanent employee or a casual employee. The case concerned whether or not the Employment Relations Authority had erred in law by determining that Jinkinson was a casual employee of Oceana Gold (NZ) Ltd.
Lee v Minor Developments Ltd t/a Before Six Childcare Centre was a decision of the Employment Court of New Zealand regarding the real status of a worker as either a permanent employee or a casual employee. The case concerned whether or not the Employment Relations Authority had erred in law by determining that Sharon Lee was a casual employee of Oceana Gold (NZ) Ltd.
Labour hire is a form of employment in which an employer directs their de jure employees to perform work at an external workplace, belonging to a client of the legal employer.
The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021(Cth) is an Act of the Parliament of Australia, which brought about considerable amendments to the Fair Work Act 2009. Prior to its passing, the legislation was considered to be the most significant industrial relations reform since the original Act's passage. It was also first reform of industrial relations passed by a Coalition government since the Workchoices legislation of the Howard Government.
References
- ↑ Fair Work Act 2009 (Cth) s 15A.
- ↑ "Casual employees". Fair Work Ombudsman . Commonwealth of Australia. Retrieved 2 June 2023.
- ↑ Fair Work Act 2009 (Cth) s 66A to s 66M.
- ↑ "Casual employees". Law Handbook (South Australia). Legal Services Commission of South Australia. Retrieved 2 June 2023.
- ↑ Parliamentary Library, Department of Parliamentary services
- ↑ DOCEP, Government of Western Australia
- ↑ Jinkinson v Oceana Gold (NZ) Ltd [2009] CC 9/09 CRC 4/08.
- ↑ Am I a casual employee?
- ↑ Stronger Protections for Casual and Temp Workers. Beehive.
- ↑ Employee status. UK Government.
