INTRODUCTION The definition of ‘Employment’ and an ‘Employer – Employee relationship’ is one that has puzzled most commentators to the extent that there have been growing calls for shelving of the entire distinction between an ‘Employee’ and an ‘Independent Contractor’ through a broad understanding of ‘Employment’. The question of whether a footballer could be considered an employee of the club he plays for is a tricky one enmeshed in a number of technical intricacies, such as the distinction in the nature of a ‘contract of service’ and a ‘contract for service’. Given that a fair amount of murkiness surrounds the understanding of the ‘normal’ constitution of a relationship of ‘Employment’, an even greater uncertainty is expected when an …show more content…
However, at the very outset, the author would limit the scope of this discussion to ‘Professional Footballers’, thereby excluding ‘Amateur’ and ‘Part-Time Footballers’ from the pertinent theme of this article. DEFINING EMPLOYMENT AND DEMARCATING THE BOUNDARIES OF AN EMPLOYER-EMPLOYEE RELATIONSHIP In his article, ‘The Reports of My Death are Greatly Exaggerated: ‘Employee’ as a Viable (though over-used) Legal Concept’, Guy Davidov makes a compelling case for the implementation of a ‘purposive approach’ in defining an Employment Relationship. This would entail that the concept of ‘employment’ would be interpreted differently based on every piece of legislation, sometimes even different provisions within the same legislation. Such a theoretical approach stems from the simple fact that a strict categorisation would only result in a very rigid application of the law, which may not justify the legislative intent behind it. Let us assume, for example, that footballers are mere independent contractors under a strict interpretation of the letter of the law. Let us extend this assumption to a fact situation similar to the one in Bosman Case , wherein there is a footballer, whose right to free movement is curtailed by his club. While we may (for the sake of argument) consider the footballer in such a scenario to be an
Ian Crouch wrote this article to have people to start thinking more about if college athletes are employees. The coach for Northwestern, Peter Sung Ohr, found out that if you receive a scholarship from some schools you are considered an employee of the college. According to Northwestern it only applies to private schools and not universities; universities are subject to state labor laws. This was brought to Northwestern football program attention, but the description of life of college athletes calls the N.C.A.A’s entire amateur model into question. By being employees from getting scholarships, it gave them a reason to start a union. Ohr agreed, “Under the common law definition, an employee is a person who performs services for another
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.
It is difficult to say what Pao’s experience would have been had she sought (or been able) to resolve the issue through private channels; Alternative dispute resolution in today’s non-union employment environment takes many different shapes. Despite this
Many people think that footballers are paid too much money for doing too little effort. However, this can be argued because they are people who have dedicated their entire life to this sport and therefore they should be rewarded. This leads us to the question: Do footballers deserve high salaries? Firstly, some famous footballers are paid huge amounts of money such as Cristiano Ronaldo who are paid millions of euros every year to play for his parent club Real Madrid . Currently the highest paid footballer is Lionel Messi who earns £40 million per year not including his sponsership money which is ridiculess . This makes us feel that it is unreasonable that there
Bennett-Alexander, D., & Hartman, L. (2009). Employment law for business. (6 ed., pp. 247-249). New York, NY: McGraw-Hill/Irwin.
Independent contractors and employees are two significantly different types of workers and this distinction is clearly important in the realm of business as it alters many policies. As a result, the court is often tasked with the question of differentiating the two types of workers. To help the judges with this question, the upper level courts have created multiple tests to help determine an employee from an independent contractor ranging from the test developed in the case of 1671122 Ontario Ltd. v. Sagaz Industries Canada Inc, Housen v. Nikolaisen, 2002 SCC 33 to Wolf v. The Queen, 2002 D.T.C. 6053. This is concerning to have these many tests as it creates confusion, but in the case of Connor Homes v Canada, 2013 the court attempts to create a uniform test. This paper will use the concept of F.I.L.A.R., fact, issue, law, application, ratio to examine the Connor Homes case to show why this case’s outcome substantially impacts business practices.
He explained how the discrimination in other sports and fields carried over to the NFL and its negative impact on the hiring process of management the sport. He also touches on the effect of Title VII, discrimination regulations. He further explained the rational for the implementation of the Rooney Rule and its track record since its inception. Corapi went on to explain the history of the English professional soccer in other countries other than the United States. He analyzed the NFL’s Rooney Rule and how it may impact the hiring process for other countries facing similar situations in a popular and lucrative sport. This law review will provide a strong basis for my paper by comparing the United States NFL Rooney Rule to other similar situations overseas.
Over the last two centuries the relationship between organizations and their employees have changed as the result of interactions between the two groups and in response to changing governmental legislation. During this period, labor unions arose to advocate for workers and address the inherent power imbalance between individual workers and organizations (Thornton, 2013). In workplaces were unions represent employees, Foss (2008), defines labor relations as the “ongoing interchange between the union and the employer that identifies their common and specific interests and creates mechanism to clarify, mange, reduce and resolve conflicts over their specific interests” (p. 1). The legal framework governing the practice of labor relations is
PA402: Employment Law Unit 3: The Employment Relationship - Shewin Memorandum Your Course Project: Read About the Shewin Memorandum
The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights
This paper focuses on the effect that temporary employment such as zero hour contracts have on the wellbeing of employees, it gives a brief definition of what a zero hour contract is, and how they have changed throughout the years eg how they were used in previous years before being called zero hour contracts, why the use of zero hour contracts is on the rise in the UK business market, and investigates the benefits and detriments of these contracts in regards to employees, it will also look at the financial benefits to the employers who use these contracts, and the type of culture that surrounds the employees who are employed on these contracts, It will also investigate
An employment relationship describes the dynamic, interlocking economic, legal, social and psychological relations that exist between individuals and their work organizations. Palgrave Macmillan (2013), Glossary [online] Available at: < http://www.palgrave.com/business/brattonandgold/glossary/glossary.htm> [Accessed 17th September 2013]. Factors that impact on this relationship both have a detrimental effect to the running of a business. I will focus on two internal and two external. These being:
The Classification between an independent contractor and employee has raised a number of issues throughout the past 50 years. Failing to create an effective formality to be applied by the courts to any particular case, it has lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent contractor.
At the two furthest ends of the spectrum MacNeil (1985) identifies the two types of contract that underpin the employment relationship, transactional and relational. A transactional contract is a means to an end view, it denotes an attitude of ‘money comes first’, working in order to get paid and receive other work benefits. They aren’t concerned with being a ‘good organisational citizen’ or going the extra mile to stand out. Their only concerns are being paid and receiving their holidays. It is a contract based on fairly specifiable obligations.
The main purpose of this report is to distinguish and provide evidence to the fact that Anne Parish, a former employee at Ace Accident Insurance in Cairns was treated unfair by her former employer. In employment relations all employees should be treated and remunerated fairly, irrespective of them being an independent contractor or an employee (Fair Work Act, 2009).