(A) In this case, the radical ideologies are taken.
The term Ideology is derived from France and coined by Antionne Destuttt De Tracy during the French Revolution (O’Leary, 2017). Later on, Karl Marx adopted the same principle. Class system is the basic ground of this where there is an imbalance observed regarding the two classes of the society. This theory does not support the capital legitimacy regarding a particular class. The capitalist mentality is strictly prohibited here.
Here, the capitalist bosses are prevented from creating imbalance in the society. Imbalance is the main criteria of radical theory. Therefore, it is justified that the problem is radical in nature.
(B) In this case, pluralist approach is being adopted.
The main theme of this theory is based on the different sectional groups have separate interest. It has been mentioned that an organisation is made up of different groups such as management group, employee group and trade union group (De Cuyper & Isaksson, 2017). Separate interest not really denotes a confliction; there are certain common interests there in case of the pluralist theory (Burchill, 2014).
The theory is justified as in this case, separate groups are present with their separate mentalities and common link has also been stated regarding their collective action. There has been some terms relating to the different section of the organisation mentioned here, certain common intentions are also stated here in this case, and that attract the provision of the pluralist theory (McNair, 2017).
(C) This case is based on the Unitarist approach.
The main structure of the approach is depending on the collective endeavour of an organisation. A common objective specified and everyone focuses on the same and tries to achieve it with his or her ability. An organisational activity is observed in this case and there is an acceptance regarding the leadership has been seen. As the goal is common in nature, the decision made by the leader is not objected by most of the employees. The decisions that are taken by the management opted for the development of the organisation and most of the employees are engaged them in the process of Unitarist ideology (Ehrenberg & Smith, 2016).
This theory is quite appropriate to this case as the term common purpose and corporate culture has been used. There are certain programs taken by the management of the company for the benefit of the organisation and the interest of the employees have also discussed here. These all are attracted the provision of the unitarist ideology (Khan & Khan, (2015).
(2) The pluralist theory is appropriate for the application of Industrial Conciliation and Arbitration Act 1894. The Act was legislated to recognise the unions legally. The reason behind the application of the theory regarding the case is as follows:
In pluralist theory, there is a provision regarding the union has been mentioned. There are separate stages in a society has been observed in this theory. The stages include the management class, worker class and union class.
There are certain provisions regarding the different works of the union mentioned under the Act and it regularise the cases and problems related to it. Therefore, an intention of division of interest has been cropped up here.
Another justification regarding the pluralist theory is that there are certain provisions reflected some common intention among the different classes. In case of an industrial organisation, there are different classes of people who are performing different duties. However, the works of the union are for the interest of the company. There is a similarity between the management body and the union. Both are working for the interest of the company.
(3) In case of customer care service, the ideology regarding the unitarist has been followed up.
In this case, the management of the company recognises a common goal that attracts the provision of the unitarist ideology.
In case of achieving the goal, the employees and the employers are engaging their abilities in full-fledged way. As per the provision of unitarist theory, there is an intention regarding the ability management has been provided.
In every customer care service, there is a team leader and all employees accept the order of the leader.
The term employment contract is particularly based on the rights and liabilities of the employer and the employees and concentrates on the different spheres of labour law. The provisions of both the Acts are dealing with wages, holiday pay, leaves regarding the employers, the employees, and certain rights regarding the labourers. Both the Acts are part of the Employment Relation Act 2000.
Differences:
Employment Contract Act is dealing with the relation between the employer and employees that can be assured by way of certain contracts (Kim, 2017). Labour law concentrates on the specific provision of the labour law and labour management. Labour law deals with the chapters like Trade union and right to association relating to the employees.
Ideologies: As per the previous provision, in these two Acts, certain ideologies are adopted. In case of the Employment Contract Act, there are two sections of people observed, employers and employees. There are certain divisions of duties regarding them have been observed. Therefore, the idea of pluralist theory can be applied here (Helms, 2014).
In case of the Labour Act, there are certain provisions regarding the union management. A collective striving has been observed in this respect within the union. Therefore, the principle of unitarist theory can be applied here.
SECTION C
There are certain economic impacts created on the Employment Contract Act 1991 of New Zealand. In the words of Wolfgang Kasper, the economic effects lead the Act towards a systematic growth. The outcome of the economic effects can be categorised as follows:
The economic flexibility of New Zealand helped the Act to increase its productivity growth and the growth took place in the labour section (O’Leary, 2017). As per the census, it was observed that the GDP growth of 1999 is much higher than the year 1997 and there is an indication of GDP growth around four percent per annum. Economist Kasper stated certain changes in wage section and pointed out the average growth during the year 1985 to 1999. Apart from the GDP and waging growth, there are certain other growths observed by Kasper and as per his statement, the growth were happened for the economic impacts on the Act. In the year of 1993, the number of employment was increased and therefore, there were certain growth regarding the labour productivity cropped up. This helps to facilitate the growing index of economic sector of New Zealand during 1993 and due to this; there was a need to introduce a separate Act to regulate the employment relations.
The Employment Contract Act was enacted to regulate the relationship between employer and employee. It exists to curb the inequality between the two parties of and employment. Therefore, it can be stated that employer and employee are the main base of the Act 1991. The Act has contained certain objectives to secure the interest of the workers and provide certain employment rights. Employment Contract Act has concentrated on the labour law and verified the role of the unions. Before the enactment of the Employment Contract Act, unions were enjoyed certain bargaining rights over the membership rules. However, the scenario has been changed after the enactment of the Act. As per the statements of the law enactment body, the rights enjoyed by the unions were applied unjustifiably and it is necessary to concentrate on the labours law so that the worker can freely choose the representatives. The most important aftermath effects of the Act are to promote the concept of collective bargaining for the interest of the employees and the legal ability of the unions were being diminished a lot. The Act has also taken the rights of the employer to appoint the worker’s representative with an intention to avoid the complexity regarding the process and clarify the selection process that are to be regulated by the Labour law. The power of the unions were weakened by the provision of the Act and there were such establishment regarding the tribunals so that the problems of the workers can be solved by them and not by the unions. Therefore, it can be stated that the Employment Contract Act reduced the power of the unions and facilitate the working conditions of the workers by enhancing their selection process and promoted the labour law to regularise the employment-based problems.
In the year 2015, there was an amendment took place regarding the provision of Employment Relations Act 2000. The amendment was aimed for the purpose of maintaining a balance in the employment environment. In case of the small and minimum sized enterprises, there was an attempt made to reduce the cost of the compliance. It is the utmost duty of the Act to give priority to the rights of the employees. An initiative has been taken to flexible the arrangement relating the working environment. Flexibility facilitates the working conditions and the state of the workers is very much depended on it. By this amendment, certain facilities provided to the workers so that they can work in a fruitful manner. Certain provisions regarding the rest and meal breaks have been taken by the amendment. In case of any contradiction between the employer and employee regarding the time of break, the employer has the power to decide the same and he can make restriction on the meals and break. There is a mandatory provision regarding the payment process in rest breaks. It is the right of the employee to get the rest and meals benefit. Certain provisions are taken in case the employers failed to meet the requirements regarding the same.
In this case, Aaron has a contract for service with the employer. The reason behind the same is the definition of the both terms. In case of Contract of service, only the permanent employees can participate in the program (Hayes, 2016). In this case, the employees have certain duties towards the employers and they have to abide by the rules of the employers. In case of the Contract for service, contract is being made within the employers and self-employees on pre-business period. The difference between the two terms can be cleared from its definition. In this present case, Aaron is not a permanent employee. He is working under the contract. Therefore, his condition is not reflected the elements of the contract of service.
In the case, the provision of collective bargaining regarding the employment Relations Act has been attracted. The word collective bargaining is a negotiation process between the employers and employees regarding the working conditions and benefit. According to the statements of the case, Aaron has been opted for the changes of his working condition and he regarding the same has taken an initiative. Therefore, it can be stated that the nature of the relationship is collective.
The Hobbit law was introduced regarding the case of Warner Bros. during the making of a popular film “Lord of the Rings”. The main contradictory thing in this case is that the union of the actors were decided to recognise their rights internationally. The Government misinterpreted the facts that this may cause serious impact on the film industry. As per their view, the acts of the union can cause unemployment in the country and the following consequence can be detrimental in nature. Therefore, dispute rose in this case and it was suggested to both the parties to solve the matter by their own by way of collective bargaining process. It was suggested finally that the proposal of the Warner Bros. can be accepted but the rights of the workers should not be affected at any cost.
The Hobbit law has changed certain sections of the Employment Relations Act 2000 and the effected provisions are based on the Film Production Work. Certain procedures are taken to maintain a clear perception regarding the international film industry. Protection regarding the same is essential as the production money in case of the Hobbit film is double than the normal films and that supported the economy of New Zealand vehemently. The provision of the Act involves all the crew members in a film and certain provision regarding the employment relationship has been provided. In case of the employment relation, Hobbit law made certain changes regarding the provision of section 6 of ERA 2000. The issue was whether the employment relation can be determined by the acts of the parties. The Hobbit law provides certain protection to the film related personnel regarding the same and there is certain safety measures has been granted by the case of Warner Bros. The provision of the collective bargaining has also been changed through the Act (Karsley et al., 2013).
Hobbit law is the outcome of the case of Warner Bros. the facts of the case was based on the Film Industry. Though the provision of collective bargaining is pointed out in the present case and in the provision of the Hobbit law, the law will not be applied on the present case, as there is no provision on the film industry. Section 6(7) of the Employment Relations Act 2000 also reflected the provision regarding the film industry.
There are certain difference between the independent contractor and employee. An employee must be engaged in the particular act or job; he has no right to delegate their work to others (Chiu, Chow, McBride & Mol, 2016). However, the contractor can subcontract the work to others to complete the same. There are certain payment differences are present in this case. Workers get their remuneration as per their working criteria. A contractor is paid up on project or hourly basis. The contractors can work independently.
If Aaron can become an employee, he will get certain rights over the company, where he is working and his interest will be protected by the Union. He will enable to get certain safeguards as an employee what is not possible as a contractor.
The Cutting Krew Limited (respondent)
1.(c) position of the parties:
Ms. Stevenson was working in the company The Cutting Krew Limited and filed a case before the court due to the illegal acts of the said company. Therefore, she become appellant and the company had become respondent to the case.
1.(d) the main triggered issue of the case is that Ms. Stevenson was working in the company. However, she was suspended by the company in illegal way. It was contended by her that it is her right to get certain leaves that are regarded as the unpaid one. It is her right to get annual leave, sick leave and it was ordered by the court that she should get an amount of $14,472.93.
Ms. Stevenson was an employee in the year 2009 as a hair dresser and worked there for some days. During the employment, a tax related issue was cropped up and the company had contracted an agreement with her as against her post in the company but the agreement remained unsigned. In the year 2015, she had taken sick leave as she was suffered from stress. She had to face serious non-payment of wages due to this and the company had terminated her from the post. From the evidences, it has been observed that Stevenson was engaged in the work from Tuesday to Saturday. In these days, she was in the sole charge of the salon. Therefore, she was employed by the company.
It had been contended by her that there was an agreement made between the company and her. However, the same was not signed by any of the parties. Therefore, there was no contractual relationship existed in between them.
Reference:
Akagi, H., Watanabe, E. H., & Aredes, M. (2017). Instantaneous power theory and applications to power conditioning. John Wiley & Sons.
Anderson, G. J., Bryson, J., & Sizeland, J. (2013). The Interface between the Law and the Workplace: The Role of Human Resource Managers.
Blumenfeld, S. (2015). New Zealand’s employment law agenda 2014: Collective bargaining and unions in an election year. New Zealand Journal of Employment Relations (Online), 40(1), 70.
Burchill, F. (2014). Labour relations. Palgrave Macmillan.
Chiu, M. M., Chow, B. W. Y., McBride, C., & Mol, S. T. (2016). Students’ sense of belonging at school in 41 countries: cross-cultural variability. Journal of Cross-Cultural Psychology, 47(2), 175-196.
De Cuyper, N., & Isaksson, K. (2017). Employment contracts and well-being among European workers. Routledge.
Ehrenberg, R. G., & Smith, R. S. (2016). Modern labor economics: Theory and public policy. Routledge.
Fossum, J. A. (2014). Labor relations. Mcgraw Hill Higher Educat.
Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A. C. L., … & Prassl, J. (Eds.). (2016). The contract of employment. Oxford University Press.
Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A. C. L., … & Prassl, J. (Eds.). (2016). The contract of employment. Oxford University Press.
Hayes, L. J. B. (2016). Introduction. In Stories of Care: A Labour of Law (pp. 1-29). Palgrave Macmillan UK.
Helms, M. W. (2014). Ulysses’ sail: an ethnographic odyssey of power, knowledge, and geographical distance. Princeton University Press.
Kersley, B., Alpin, C., Forth, J., Bryson, A., Bewley, H., Dix, G., & Oxenbridge, S. (2013). Inside the workplace: findings from the 2004 Workplace Employment Relations Survey. Routledge.
Kersley, B., Alpin, C., Forth, J., Bryson, A., Bewley, H., Dix, G., & Oxenbridge, S. (2013). Inside the workplace: findings from the 2004 Workplace Employment Relations Survey. Routledge.
Khan, S. R., & Khan, I. A. (2015). Understanding ethnicity and national culture: A theoretical perspective on knowledge management in the organization. Knowledge and Process Management, 22(1), 51-61.
Kim, D. O. (2017). Employment relations and HRM in South Korea. Taylor & Francis.
McDonald, P., & Thompson, P. (2016). Social media (tion) and the reshaping of public/private boundaries in employment relations. International Journal of Management Reviews, 18(1), 69-84.
McDonald, P., & Thompson, P. (2016). Social media (tion) and the reshaping of public/private boundaries in employment relations. International Journal of Management Reviews, 18(1), 69-84.
McNair, B. (2017). An introduction to political communication. Taylor & Francis.
O’Leary, L. (2017). Introduction. In Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union (pp. 1-18). TMC Asser Press.
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