...Trade Union Decline: Australia Sarah Jury An essay discussing the factors contributing to the steady decline in trade unionism in Australia since the 1980’s and the relevance of unions to workers today. M G T S 2 6 0 7 : E m p l o y m e n t R e l a t i o n s W o r d C o u n t : 1 9 8 2 Sarah Jury Trade Union Decline in Australia 42395582 There has been a dramatic decline in trade union membership rates across Australia since the 1980s. In 1986, 46% (or 2.6 million) of employees were trade union members; this figure has steadily declined to 19% (or 1.7million) of employees in 2007 (Australian Bureau of Statistics, 2009). By May 2010 trade union membership had fallen to a record low of 18% (or 1.84 million) of employees and remained steady for the past 3 years (Australian Bureau of Statistics, 2013). This essay aims to highlight the factors that have played a significant role in the steady decline of unionization in Australia. It focuses on the changing composition of the labour force, the change in governmental policies, the newly empowered role...
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...12/20/2015 Impact Of Employment Law Employment Relationships Law Employment Essay Impact Of Employment Law Employment Relationships Law Employment Essay Done: Mohammed AlKoohaji Section: An introduction: Employment is defined as a give and take relation between employer and employee, which result in the formation of an agreement resulting in the payment of a definite amount at the completion of the term of agreement, agreed by both the parties. Employment relation is thus affected by various factors as follows. Terms of employment. Place of employment. Payments as per agreement. Mode of payment. Amount agreed for payment. Completion of term of employment. Following of set of rules and regulations of employment. Benefits and losses following the employments conditions. Working conditions. Laws related to employment. Terms of employment. Rules and regulations related to employment. Market rate of employment. Inflation. Government directions. Thus, from the above the two major factors that impact the employment relationship are as follows. Internal factors: The two major internal factors that affect the employment relationship are as follows. Place of employment: http://www.uniassignment.com/essaysamples/law/impactofemploymentlawemploymentrelationshipslawemploymentessay.php 1/8 12/20/2015 Impact Of Employment Law Employment Relationships Law Employment Essay If the place of employment is far away from the residence of...
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...The aim of this essay is to discuss whether it is appropriate to consider the employment relationship as a contract, in the sense of voluntary between the two equal parties. Fox (1974:183) argues that it is inappropriate to consider the employment contract is equal and the employment relationship is merely a ‘brute facts of power’. With reference to Fox’s statement, this essay will discuss the nature of employment relationship, the influence of key institutions and their impact for employers and employees, and the three main perspectives at work. This essay will support Fox’s statement as inequality between the employers and employees is often an issue at the workplace. The basis of employment relationship is the relationship that exists between the employer and employee. The employment relationship is the context within which indicate interactions between employees, who may be unionised, and employers are conducted, both collectively and individually (Kelly, 1998). The employment contract is apparently central to the employment relationship. By the middle of the nineteenth century, with the development of Capitalism in Britain, based on the contractual relationship between an employer and employee, wage labour system had largely displaced traditional forms of work relations that are based on status. The role of the employment contract in the employment relationship is that it captures the way in which the employment relationship is an economic transaction, concerning the...
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...in Managing Employment Relations Assignment and Content Activity Investigate resources and write a guidance leaflet which covers key points of the areas detailed below. The impact of employment law at the start of the employment relationship including: * 2 Internal and 2 external factors which can impact on the employment relationship * 3 different types of employment status and 3 reasons why it is important to clarify/determine an individual’s employment status Employee rights during the employee relationship including: * The importance of work life balance and related legislation concerning holidays, rest periods, working hours and night working * Family/parent related legal support, including maternity leave, paternity leave, adoption leave and dependents leave * 2 reasons why employees should be treated fairly in relation to pay * The main points of equalities legislation including the concepts of direct and indirect discrimination, harassment and victimisation * The concept of the ‘psychological contract’ and examples of policies and procedures which can underpin this Issues to be addressed at the termination of the employment relationship including: * The difference between fair and unfair dismissal * The importance of exit interviews to both parties * The key stages to be followed in managing redundancies and the impact of redundancy on the whole organisation The impact of employment law at the start of the employment relationship...
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...INDUSTRIAL PLACEMENT HANDBOOK –PART 2 (PA003-5-3) CONTENTS Introduction 3 Internship Mechanism and Process Flow 7 Visiting Academic Supervisor/ Industrial Placement Handbook 12 Part 2-During Internship Appendix 1 – Logbook Template 18 Appendix 2– Logbook Cover Page 19 Post-Internship Appendix 3 – Content Guidelines for Industrial Placement Essay 20 Appendix 4 – Industrial Placement Report Cover Page 27 Appendix 5– Essay Clearance Form 28 Appendix 6 – Student Feedback Form 29 Assessment and Grading Appendix 7 – Industrial Placement Essay Assessment 31 Appendix 8 – Industrial Placement Visit Report Form 34 Appendix 9 – Industrial Placement Assessment Forms 36 Introduction 1. Industrial Experience Rationale The aim of the Industrial Experience programme is to enable students to gain industrial or professional learning experiences to develop transferable skills for employability and thereby to enhance their future value to employers. Familiarity with all common processes is essential and exposure at a practical level to a wide variety of processes is required at a level appropriate for young professional. Whilst it is clearly desirable for students to get a feel for the skills involved, the central aim is to achieve appreciation of business processes. Industrial training is a key component of learning...
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...function of HRM that this essay will explore is the impact Employee Relations has in the way in which HR operates in many departments. Human resource Management is department which most businesses use as a means of enabling people’s capabilities in order to achieve a critical competitive advantage that’s attained through a distinctive set of integrated employment policies, programmes and practices. (Bratton &Gold 2007).This essay will provide an in depth discussion of components and the key players involved in Employment Relations that are seen in organizations today, as well as the importance of the integration of other key HRM practices and the management of the organisation as a whole. As well as examining the key HR functions I will also analyse the key models, theories and concepts that have a direct impact on HRM such as the Fombrun, Harvard and Warwick models that are seen to be used in many different organisations today. Employee Relations is a collective term in the Human Resources function that includes employee engagement within the workplace, values the employees’ rights to be part of trade unions. It also sets in stone in most organisations the employment legislation as well as managing grievance and disciplinary actions. Employment Relations is regarded as a relatively new term as it has previously was known as industrial relations conversely it does not have the same standards and equality as Employment Relations has in the Human Relations workplace. “In order to...
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...Vicarious liability Damages/sanctions in harassment cases Obvious sources/areas of law Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law Client objective(s) To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that Oxbridge Essays www.oxbridgeessays.com their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now. Record of research undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer vicariously liable for discrimination perpetrated by the complainant’s fellow employees in the course of their employment, whether or not it is done with Oxbridge Essays www.oxbridgeessays.com the employer’s knowledge or approval, but that a defence was available under s 41(3) where the employer took reasonable steps to prevent such conduct. Need to check if there is such a...
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...main changes that have occured to the employment relations environment. A successful employment relationship is the fundamental element of any successful business or organisation, hence, it is essential and the reason of all the organizations continues seeking methods to improve and maintain these relationships. There are many philosophers and writers have studied and written lots of different theories and approaches that are related to employment relationship. These theories and approaches have changed rapidly from the classical era to the modern era. Furthermore, illustrating issues that have evolved through changes in the employment relations environments such as the nature of work, technology, managerial regimes, regulation, policy and globalisation. The purpose of this essay is to identify and explain the main changes that listed above. The second part of this essay identifies those changes or improvement of employment relations environment that can benefit both the employers and employees by creating a healthy and supportive working environment. Employees who have strong employment relationships, are more satisfied and keen on work, also, they tend to have helpful and friendly co-workers as well as high levels of employee trust and commitment with employer. The establishment of regulation and policies such as labour law, minimum wages, Occupational Health and Safety (OHS) enhance safety and security in workplace. Thus, strong employment relationships are beneficial to both...
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...Millaniyage Dulan Chaturanga Perera 617809 Managing Employee Relations Assignment Research Essay Is the work of Unions still relevant? A trade union, as defined in the History of Trade Unionism is ‘ a continuous association of wageearners for the purpose of maintaining or improving the conditions of their working lives’.(Webb and Webb, 1911) Unions exist on the basis that they protect the wages and conditions for employees, making sure that they're protected from unemployment by obtaining a substantial degree of job security as well as supporting employees in disputes and claims against their employers.(Murphy, 2014) The relevance of unions may vary from place to place. Using reasoning and statistical day, we will aim to achieve some sort of clarity towards the complexity and variety of opinions that people have on the need for trade unions. Importance of Trade Unions Unions not only negotiate wages, they also have an impact on fringe benefits, labour productivity,work allocation, job security and employee participation practices.(OECD, 1991) There is also a spillover effect, through extension of agreements and employer responses to union environment where some of these benefits alter the employment terms of non union members.(OECD, 1991) A substantial amount of protective legislation supporting unemployment compensation, sickness insurance, employment protection along with occupational health and safety, is the outcome of work by trade unions. ...
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...will be concerns and questions. Your role as managers are to explain how manager’s behavior can affect the productivity of his or her workers; describe the types of management action that align with employment laws and those that do not; and describe best practices for working within a diverse work environment. I encourage you to respond in a positive and supportive manner. Your roles as managers will be vital to making this a successful transaction; there are several factors that affect the productivity of workers such as people skills, management skills and the most important attitude. Manager’s behavior can help establish a positive open organizational climate, which will help its team members feel safe and be more productive at their job. Insure that all your employees know what is expected of them and what’s available for them to accomplish their jobs and promote quality customer satisfaction. Mangers should address “retention comprises the activities of rewarding employees for performing their jobs effectively; ensuring harmonious working relations between employees and managers; and maintaining a safe, healthy work environment” (Cascio). Management action that aligns with employment laws and those that are not; in federal and state employment laws govern all employment actions from hiring to...
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...Courts have used this to imply a right to privacy. However, this privacy provision applies to government searches and is not applicable to private sector employees. According to Jacobsen, J.D, there are no explicit federal "privacy rights" beyond "reproduction, contraception, abortion, marriage and childrearing", and so the notion of a constitutional right to privacy has little bearing on employment law. b. What privacy rights are afforded to public and private sector employees? The restrictions on employer inquiries of applicants at hiring are based mainly on prohibitions against discrimination, rather than on privacy rights. Pre-employment privacy rights for both public and private sector employees are very limited beyond this. Post-employment privacy rights are also often the ancillary effect of discrimination laws. For example, the Americans with the Disabilities Act of 1990 (ADA) specifically prohibits the disclosure of medical information relating to disabled. In the public sector, two factors govern the permissible extent of intrusion into an individual's affairs, that is, the relation of the subject's job to the line of inquiry, and secondly, the subject's consent. It follows that public sector employees having more sensitive or responsible positions will have proportionately less protection of their privacy. The Fourth Amendment’s prohibition of unreasonable government searches affords some protection for federal employees, on the basis that the public need to investigate...
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...Employment Relations is the study of the “regulation of the employment relationship between employer and employee, both collectively and individually, and the determination of substantive and procedural issues at industrial, organisational and workplace levels” (Rose, 2004). It functions as the association between workers and managers and is present when employees carry out work under certain conditions in return for something to compensate for the provision of their service; usually in monetary terms. Through this relationship, the rights of both the employer and the employee are established and it operates as the channel through which workers can gain access to the many benefits associated with employment such as a good wage, job satisfaction and opportunities for career development. Ultimately, an employment relation is about “the creation of order at work” through a “system of rules established through joint regulation”. It is sometimes described as the “incomplete overlap in interests” and takes into account the roles of the main actors in this relationship looking at how each unit is interlinked to create a successful working environment. The key characters are the organisation itself (capital), labour (employees and trade unions) and of course the state (government). This essay aims to address the various approaches taken by workers in the field of employment relations, focus on their strengths and limitations and to identify key aspects which...
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...------------------------------------------------- Employment relations essay “Management should have the right to determine whether a union should operate within their workplace” Discuss. Due April 27, 9AM By cassidy Eastabrook 2171192 Due April 27, 9AM By cassidy Eastabrook 2171192 Introduction Unions have been a heavily debated topic in Australian workplaces for decades. Some see unions as unnecessary evils, interfering with employee obedience and trustworthiness, the overall employment relationship and an organisation’s practices. On the contrary, many other employers and employees see unions as a channel for collective bargaining and better employee representation. Throughout the years of debates one question has remained prominent, “Should management be able to dictate whether or not a union should function within their workplace?”. This question is, of course, controversial resulting in their being no clear cut answer. On one hand, some may argue that should management have this right, organisations may experience increased managerial prerogative, boosted productivity and performance and decreased levels of conflict. However, on the other hand, critics disagree, stating that whilst this may be the case, the overall wellbeing of employees will suffer as they are taken advantage of through individual contracting. This essay aims to delve into both perspectives; the perspective of management and the perspective of the employee and identify more clearly the benefits...
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...“The last 25-30 years has seen major changes in the context of employee relations within UK organisations. The factors that have had the most significant influence on these changes are political, economic, social and technological of which I will be discussing to identify what particular influences these factors have had on employee relations over the last 25-30 years. To do this I first need to define the meaning of employee relations, which can be defined as according to Rose (2004):the study of the regulation of the employment relationship between employer and employee, both collectively and individually and the determination of substantive and procedural issues at industrial organisational and workplace levels. (Rose, 2004 p.8)There are a number of political factors that have had a significant influence on employee relations over the last 25-30 years such as the influence of the Conservative government from 1979-1997, which included a decline in trade unions, new acts and legislations put in place, and the emergence of the Labour government from 1997 to the present day which has also brought a number of changes to the employee relations context. The Conservative government has had a significant influence on employee relations in terms of changes to the legal framework of labour law. These changes involved the relationships between the employer and employee, the employer and the union and the relationship between the union and the membership. In regards to the employer and...
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...EMPLOYMENT LAW ESSAY – LAW 363 Question: - “Bullying at work – a safety matter or an employment issue?” I. Introduction In the past, bullying has been reduced to an issue that occurs in the school yard amongst children. It had little scope in terms of being appreciated as a form of harm inflicted outside of these realms. However, the presence of this harmful treatment in the workplace cannot, and lately has not, been denied. This essay will discuss the variety of changes which have been seen over the last year in relation to workplace bullying legislation, as well as the changes which are still to come. This essay will draw upon the information provided in the original report made by the House of Representatives Standing Committee on Education and Employment (“the Committee”) in October 2012 titled Workplace Bullying – We just want it to stop, (“the Report”), which gave way for the changes that will occur from 1 January 2014 as a consequence of the recent passing of the Fair Work Amendment Bill 2013 (“the Bill”). In reflecting upon these resources, this essay will show how bullying at work should be seen to be both a safety matter and an employment issue, and further this point by demonstrating that distinguishing it as one or the other is not necessary, nor is it desirable. II. The Confusion Around Bullying a. Prevalence One of the hardest tasks in the past when it came to legislative regulation of bullying was the inability to accurately measure the prevalence. Estimating...
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