ESSAY PLAN Topic: Has Managerial Prerogative gone too far? Summary of Argument Employment relations legislation has undergone a number of significant transformations over the past decade due to changing government (Loudoun‚ McPhail‚ & Wilkinson‚ 2009).While the original legislation passed had increased managerial prerogative and reduced employee’s rights‚ the most recent changes have endeavoured to restore the balance of power (O ’Neill & O ’Neill‚ 2010). Industrial relations plays a vast part
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The Employee Relationship The nature of the company I am choosing is a quick service restaurant. Cognitive ability tests assess abilities involved in thinking such as reasoning‚ memory‚ perception‚ mathematical ability‚ and problem solving. These types of tests estimate applicants’ potential to use mental processes to solve work-related problems. Some of the tests add up the correct answers of all the questions to get an overall score that will represent their general mental ability. Other tests
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periods – s.86 ERA 1996; Sick pay/holiday pay; Redundancy pay Unfair dismissal Employment contracts contain implied terms; Tax and NI reasons; Question 2 – Four Tests Common Law tests: – Control Integration (Organisational) Mutual Obligation Multiple/Economic reality Question 3 – Advice of the Court of Apeal in Hall v Lorimer No decisive factor for determining status; Hall v Lorimer [1994] IRLR 171 Factors- Control Ownership of tools Mutuality of obligation Label Tax & N.I. Flexibility
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LAWS OF MALAYSIA REPRINT Act 265 EMPLOYMENT ACT 1955 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION‚ MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 265 EMPLOYMENT ACT 1955 First enacted … Revised … … … … … … … … … 1955 (F.M. Ordinance No. 38 of 1955) 1981 (Act 265 w.e.f. 18 February 1982) PREVIOUS REPRINTS First Reprint Second
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Employment Law 1 Employment Law Employment Law 2 Employment Law Explain the constitutional basis for the Fair Work Act 2009 (Cth) with reference to the Australian Constitution and discuss the relationship with Australian common law‚ with reference to the National Employment Standards. The Fair Work Act‚ 2009 is a labour welfare legislation aimed at improving the relations between employees and employers so that productive workplace relations can be formulated which would further help in
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Employee Discipline & Grievance Handling Submitted To: Manas Ranjan Tripathy 2011-2013 Submitted By : Afreen Khan Neha Gupta Poonam Bharti Urvashi Duggal Contents Employee Discipline: ..................................................................................................................................... 2 Objectives of Discipline ................................................................................................................................. 2 Causes
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original anti-discrimination legislation‚ American legal theories were influential to the formation of harassment laws in Britain. The American Equal Opportunities commission identified sexual harassment as being unwelcome sexual advances that rejection of which would hinder the recipient’s employment and conduct that created a hostile or intimidating working environment. In British law the idea of harassment was became realised as a form of direct sex or race discrimination on the account that it
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Your role is to decide if Karen is an independent contractor or an employee and discuss some of the preventative and ethical situations that are occurring in this case. Questions: 1. Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision? In my opinion Karen should be a considered a permanent employee as she has been working and promoted in the company for five years and she is considered an asset to them‚ she is paid in salary already
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Employment Law and HRM Strategy Introduction Employment laws play a critical role in human resources management strategies and in an organization operation. Employee laws are design to protect the employees by the Equal Employment Opportunity Commission (EEOC). The Equal Employment Opportunity Commission (EEOC) “ federal enforcement agency enacted to ensure that employers follow and abide by rules set forth in the Civil Rights Acts of 1964”(Web Finance‚ 2012). However‚ the act insisted of “people
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(Hons) Law Mode: Full-time Level: Three Unit: Employment Law Date: 22 May 2009 Time: 14:00 Length: One hour and thirty minutes (no reading time) Instructions to Candidates Part A-Answer ONE question Question 1 Explain‚ with reference to case law and statute‚ the extent to which the law is willing to imply terms into: (a) individual contracts of employment; (b)
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