This essay will argue that the concept of ‘worker’ defined under section 230 of the Employment Rights Act (“ERA”) 1996 is board; however, due to the undefined scope of section 230(3) of ERA 1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that there is a ‘high degree of legal uncertainty’ as established in this area of law; that the law does not adequately deal with non-standard forms of ‘workers’; present proposals for reform by the UK Parliament on the interpretation and application of law at common; and finally provide a conclusion for the arguments put forth.
This essay al 2001). Employers initially resisted unions as they were seen as a ‘tool of worker power’, and some countries even banned the groups all together (Baoill 2011). Although these restraints have been lifted, restrictions and guidelines have been put in place by government bodies to govern union activity; and employees internationally have the right to form unions (Baoill 2011).
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
The legal system plays a vital part in balancing the rights and responsibilities of employers and employees. The extents to which these rights and responsibilities are adequately balanced by the law are lacking in certain areas and as a result non-legal avenues of maintaining this equilibrium are pursued. The legal system attempts to provide sufficient guidance for workplace related issues in the reform brought about by the 2009 Fair Work Act (Cth) and the regulations it has implemented. However, whilst issues such as discrimination, safety, leave and Termination of employment highlight the significant deficiencies of the legal system, they also serve as evidence of the substantial effort of the law in providing justice for employees and employers. The legal system makes is vital to ensuring a safe and just environment in the workplace however further
The Act allows employees to be able to chooses their own representatives to aid in decisions should they choose to be part of the collected bargaining process, as well as if they choose not to be represented in the process. (General Couns)
A review of the major parts of National Labor Relations Board was enlightening particularly in regards to “the rights of private sector-employees to join together, with or without a union, to improve their wages or working conditions” (National Labor Relations Board, Retrieved 2015). Specifically, the rights of employees to confront an employer about wages without a union was interesting. Although the majority of employers protect themselves against this practice by incorporating a clause in the employee rules and regulations that prevents the discussion of wages and salary among workers and/or coworkers.
The purpose of this paper is to determine whether or not workers have adequate support and protections in the modern workplace and to figure out if the rules that were created by the government, along with how Human Resource Managers and the Unions work towards protecting employee’s rights. This paper will explain each role for both agencies and it will allow us to see if they both agencies adequately support the purpose and all the rules and regulations that have been created by the Department of Labor. Also in this paper, we are going to be addressing the issues of whether or not that workers in the modern workplace of America are well protected and well supported.
Introduction Since the dawn of time there has been a power struggle in connection to employer and employee relationships. The struggle has been shown over time from the lords of the land collecting dues/taxes from their servants to masters owning slaves and thrashing them into submission. Unionization, workers fighting for their rights and freedoms, has been in evolution for many centuries. Workers have had to fight for everything that we as a society take for granted today. From the Charter of Rights to the Employment Standards Act, the workers have fought for every inch they have gained in rights. Workers gave their lives in unfavourable working conditions, which lead to our Occupational Health and Safety Act. Employees having
* Industrial relations → management of employees: pay rates, encouraging union representation, individual contracts or wage agreements with whole workforce
Prerogatives at all levels should take into consideration employers in the nation when it comes to making agreements with them. As such the prerogatives should not take higher priorities in a society with very many and large unions. The employers must be heard and a collective agreement between the different parties should be put into consideration. This explains that those in power should not take the power vested up them as a right, they should ensure that their subjects are well taken care of and their needs met.
Critically assess the applicability of this statement as an analysis of the development and current state of the law governing workplace relationships in Australia - including the decision of the Full Court of the Federal Court of Australia in Commonwealth Bank of Australia v Barker  FCAFC 83. To what
The Workplace Relations Act has managed to amalgamate the functions fulfilled by the five bodies mentioned above to establish a unified system of address. However, it could be argued that this may not be so simple in that it makes the system more obscure and leaves room for error and the need for a very good employment law practitioner to deduce the meaning of the various sections of the Act to do with interpretation of legislation. In the academic paper by Lord Bingham entitled “The Rule of Law”, he reiterated “The law must be accessible and so far as possible intelligible, clear and predictive” . He further states “It is one thing to move the law a little further along a line on which it is already moving, or to adapt it to accord with modern views and practices; it is quite another to seek to recast the law in a radically innovative or adventurous way” . In my opinion, the 2015 Act is very difficult for an ordinary worker to figure out because of the interconnection of statutory instruments and so interpretation would need engaging a very good lawyer. The process may have
Managing the Changing Employment Relationship Consider the different methods used to give effective voice to employees and critically evaluate the importance of this to the employment relationship Due Date: 14/01/2011 Word Count: 3216 The development of the different methods used to engage ‘employee voice’ strongly coincides with the timeline that businesses have endured through in the
From this perspective, trade union is perceived not necessary and the role of it is creating conflict, and it is seen an unwelcome intrusion into the organization from outside competing with management for the loyalty of employees (Rose, 2004). Trade unions exist either as the result of wickedness or perverseness of individual employees, or because of a failure of management to anticipate and incorporate worker needs and concerns (Bray, Deery, Walsh and Waring, 2005).
Besides, power imbalance between employer and employee in the workplace seems to be unavoidable. As noted by Wilkinson et al. (2014), employees are citizens who have the right to be informed and consulted; therefore, the aim of employee voice is to communicate with management and express employees’ concerns about their work situation. Nevertheless, in recent years, decreasing union density has gradually shifted the form of voice in most organisations and countries from collective and unionized channels to direct and individualized mechanisms (Wilkinson et al., 2014).