HRM and Employment Relations

Question: Discuss about the HRM and Employment Relations. Answer: Introduction: The case study given is to analyse the relationship between the Nickel Back and William James. It is to identify that William James is independent contractor or an employee. This has to identify in order to find out the liability of both the parties in respect to QR. It is also to be analysed that Nickel Back will be vicarious liable for the act of William James or not. Vicarious Liability Vicarious liability is considered as a situation where someone is held liable and responsible for the actions of the third party. In an organization, an employer can be held responsible for the actions performed by its employees and these actions should be performed by employees in the course of employment. Application of Vicarious Liability From the case of New South Wales v Lepore [2003], it can be drawn that everything done by employee at workplace or in between work hours is not cornered under vicarious liability. The act of employee should be connected with the roles and responsibilities of the organisation in regard within the scope of employment. It is also to be noticed that any wrong doing away from the work place and not in working hours by employee is not conclusive against arising of liability against employer. Courts of Australia approach in determining the relationship between of employer and employee or employer and independent contractor To analyse between the employee and independent contractor the courts in Australia takes into consideration various factors to find out the real nature of particular work relationship. The case of Hollis v Vabu helps in analysing the totality of relationship. The first factor is control over work. An employee works in the organization as directed by the employer and in contrast to this the contractor carry out his work on his own without much interference of employer. Payment is to be made to employees on the basis of salary or wages according to hour. But, the contractor is paid on the basis of results achieved regardless of time. Contractors obliged to insure on their own against work injury but employees are not obliged to do so. Employees generally do not bear the risk of financial loss incurred by the organization for which they work directly but contractors are directly linked to the financial loss. An employee in the organization cannot delegate the work but the contactor can delegate the work. Special tools and equipments are provided to the contractor to perform the job. Income tax of an employee is paid by the employer but contractors make their own arrangements. The court looks at the totality of the relationship in order to analyse the relationship between the parties i.e. the worker is employee or contractor. Generally, the employer tries to falsely describe the nature of relationship exist between the parties so that responsibilities can be avoided but the courts make their decision on the basis of totality of relationship. Control Test Under the control test the worker is considered to be an employee, if the worker follows the order of employer. The order of employer includes place of work and the manner in which the work has to be performed. The real fact which is considered is the degree of control exercised by the employer. In addition to degree of control the amount of control and nature of control is also seen. In the case if the worker possesses professional skills then it becomes hard to determine the relationship between parties as it becomes difficult to determine actual control. The case of Zuijs v Wirth Brothers Pty Ltd states that a mere right to control in place of actual exercise of control may lead to the existence of independent contractor relationship. Organisational Test The organisational test was developed because of the difficulties arrived in control test in analysing the difference between an independent contractor and an employee. The organisation test is carried out to develop a check on the result framed up from the control test. The organisational test is recognised as distinctive consideration in analysing the relationship between both the parties. The case of Stevens v Brodribb Sawmilling Co Pty Ltd and Jordan and Harrison Ltd v McDonald and Evans states that under a contract of service, a worker is employed as a part of the business and the work performed by him is considered as an integral part of the business and part and parcel of the organization. In contrary to this, under a contact for services, the work performed by worker for business although but not integrated with the business activity. Business Test Business test is carried out to check out the services performed by worker on his own account or not. The case of Market investigations v Minister of Social Security states that whether the worker is performing the service on his own account or service as a person. The test of control is no longer conclusive if control is lacking. If the contract is of short term basis then the absence of employment rights such as sick pay and holidays are immaterial to the determination of employment status. Multi factor test The multiple factor test was firstly established at the time of Stevens v Broadribb Sawmilling Co Pty Ltd and later proved in Hollis v Vabu Pty Limited as the one of the most favourite test in Australia to identify vicarious liability. The High court identifies control cannot be considered the only factor but the totality of the relationship between both the parties should also be considered. This multiple factor test considers all situations uncovering the employment so that the working relationship can be identified. Only one factor cannot be used to determine the relationship as it will mislead because it do not provide proper guide so that relationship existence can be identified between both the parties. Factors which are considered in multiple factor test When the provision of using of equipment and tools is supplied by worker himself then the relationship of independent contractor is established. If the worker has integrated in to business activities like wearing of uniforms, signage used on vehicles then relationship of employee is established. When the employer provides the salary to worker without tax deduction then the relationship of independent contractor is established because he himself has to pay taxes and the employer do not take the responsibility of paying taxes. The factor of entitlements and allowances is also considered for identification of relationship between both the parties. If leave facilities, superannuation and provident fund facility is provided to the worker by the employer then the relationship of employee is formed. Nature of task also determines the kind of relationship between both the parties. Tradespersons and professionals are the class which generally conduct their own business and are termed as independent contractor. If the worker is employed only to perform a specific task then the relationship of independent contractor is established. If worker is employed for an indefinite period then the relationship of employee exists. If the remuneration is paid in the form of wages then the relationship of employee exists. On the contrary to this, the relationship of independent contractor exists if the remuneration is paid on lump sum basis or on results basis. If the worker controls and owns his control over the place and hour of work then the relationship of independent contractor is established otherwise vice versa. If the worker has the authority to delegate the job to others then the relationship of independent contractor is established. If the employer has total control over the worker and specify a proper manner in which the task has to be carried out and the worker cannot perform the task on his own then the relationship of employee is established. If the worker is not obliged to perform the task in a specified manner then the relationship of independent contractor is established. These multiple indicia are generally weighed up in order to determine the nature of the employment relationship. Existence of impediment between two parties It is obvious that in order to determine the relationship between the parties there should be a contract which defines the actual role and responsibilities to be carried out by the employee. In addition to the existence of contract the requirement that the contract require some sort of work is also important because the essence of contract of service is the supply of the work and skill of man as observed in the case of Humberstone v Northern Timber Mills. In Humberstone v Northern Timber Mills case states The question is not whether in practice the work was in fact done subject to a direction or control exercised by an actual supervision or whether an actual supervision was possible but whether ultimate authority over the man in the performance of his work resided in the employer so that he was subject to the latters order and directions. Application In applying the multiple factor tests to the case study given, the following factors indicate of a relationship of independent contractor and employee. William James does not have the relevant expertise and do not have direct control over the manner in which he can carry out the duties. William has to perform his duties according to the Nickel Backs manual of operating procedures and William also do not have the power to delegate the duties without the permission of Nickel Back. This factor is similar to the case of Zuljs v Wirth Bros Pty Ltd. This shows the absence of factor of the ability to delegate the duties on its own. Work is carried out according to the desire of Nickel Back where Nickel Back provides fuel and servicing to the truck. It also supplies footwear and clothing having the logo of the company and also supplies camping requirements and other equipments. The following indicates the relationship of employee. The mode of remuneration was fixed $2700 each week including month of leave, directly into the bank account of William and also no tax is being deducted. This shows that the tax has to be arranged by William on own. This strongly indicates the relationship of independent contractor. By applying this multi factor test it is observed that are factors of both employee and independent contractor relationship. So, weight to the factors would be more appropriate to analyze the relationship between William James and Nickel Back. Conclusion From the above study it can be concluded that the type of relationship exists between Nickel Back and William James is of independent contractor relationship. The main reason for this existence of relationship is the mode of remuneration and tax arrangements, In addition to this William James was hired by Nickel Back to complete only specific work without any integration with the organization. Moreover, in the contract it was also mentioned that William can be dismissed at any time without prior notice and it was also mentioned by Nickel Back that William is only an independent contractor and not an employee. So, from the above study it can be analyzed that these factors weight more and outweigh very less existence of control over the activities of William by Nickel Back and using of signage of Nickel Back on truck. References: Akhtar, Z. (2016) Employer Liability, Risk Assessment, and Fault Principle.Environmental Claims Journal,28(1), pp.33-57. Condon, R.R. (2010) O'Keeffe v. Hickey: An Irish Extrapolation on the Law concerning Vicarious Liability.UC Dublin L. Rev.,10, p.17. Flynn, M. (2012) The employer/employee relationship-Legal perspective.Tax Specialist,15(3), p.148. Foster, N.J., 2013. Attribution of Liability for Workplace Injuries Caused by Non-Employees-Recent Developments in the Law of Non-Delegable Duty. Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A.C.L., Deakin, S. and Prassl, J. eds. (2016) The Contract of Employment. USA: Oxford University Press. Furmston, M. and Tolhurst, G.J. (2010)Contract formation: Law and practice. USA: Oxford University Press. Gangemi, N. (2014) Employees vs contractors.Taxation in Australia,49(1), p.34. Giliker, P. (2010)Vicarious liability in tort: a comparative perspective(Vol. 69). UK: Cambridge University Press. Hemming, A. (2010) Online tests and exams: lower standards or improved learning?.The Law Teacher,44(3), pp.283-308. Norbury, M. (2015) Tax cases: Quest: A contractor or an employee?.Taxation in Australia,50(1), p.40. Rogers, V. and Chapman, S. (2012) Independent contractors An endangered species?.Keeping Good Companies,64(10), p.614. Rubenstein, G., Turitto, F., Ward, P. and Weinberg, L., 2011. Vicarious and Other Franchisor Liability.Int'l J. Franchising L.,9, p.3. Schatzki, T.R., 2010.Site of the social: A philosophical account of the constitution of social life and change. USA: Penn State Press. Tofaris, S. (2010) Who pays for the sub-contractor's negligence? Vicarious liability and liability for extra-hazardous activities re-examined.The Cambridge Law Journal, 69(01), pp.13-16. Wickham, B. (2011) Vicarious Liability in Tort: A Comparative Perspective. Sydney L. Rev.,33, pp.849-849.

Essay Task 1 Samples - How to Begin Your Writing Process

Essay Task 1 Samples - How to Begin Your Writing ProcessTo help you get started, we have created an extensive article filled with essay task 1 samples. We will take a look at some of the key points that you should keep in mind before beginning your writing exercise. You should also be prepared to move ahead and complete the project when you get the opportunity.Writing is a creative and individual process which involves expressing yourself in your own unique manner. This can be done through oral communication as well as written word. The first two steps in any essay task are writing a thesis statement and creating your own outline for the essay.Your thesis statement should be developed well in advance of starting the writing process. It is the main component that helps to organize your thoughts and provide direction to your essay. Your project is only successful if you make use of your strengths and use these to develop your writing skills. In order to do this effectively, you need to start with a strong foundation.A major tip in starting your writing process is to allow yourself plenty of time to allow you to think about what you want to say, this will allow you to come up with a better essay. Once you have begun writing your essay, you should not immediately make the first move forward.You will need to change your course as you progress through the writing process. It is best if you follow a structure in order to keep yourself on track. For example, you may decide to start with developing your research statement. Once you have decided to begin writing, you should set aside a specific time period in which you are free to work.You should also take some time to plan out the style you will be using in order to make it easier to follow. This will save you time when you are moving forward to write the body of your essay.Give yourself some time to analyze your essays before you submit them. It is important to understand what the weaknesses are so that you can make ch anges to your work and improve it. Once you have identified the weaknesses, you will be in a better position to deal with them when they arise.Finally, do not forget to make use of the tips contained in this article to help you create a personal essay. In addition to essay task 1 samples, you should also keep a notebook in which you can jot down ideas and add a personal touch to them.

How to Choose Between the Various Types of Term Papers

How to Choose Between the Various Types of Term PapersStudents, teachers and even parents do not know the right ways to choose between the various types of term papers. So here is some information about how to select among the various types of papers.There are two types of papers; that which will help students in gaining an insight to a specific topic and the second type is a research paper. A research paper gives the opportunity to students to be able to get some research related to their current school assignment. Thus, research papers are more beneficial for students who are not a regular in the subjects.Research papers will require a lot of preparation time and it is for this reason that students prefer them over other types of term papers. Some of the important points that students should consider while preparing the research papers include the topic of the paper, topics related to the teacher, references that will be used by the teacher and even the text of the research paper. Here are some things to consider before choosing the research paper:Make a list of study groups. Students usually make a list of a certain number of students and ask them to present their own work in the same group. They will then review the research papers and see which ones are best suited for the assignment. This will also help you narrow down the paper as most students generally participate in the same study groups.Conduct a mini-test. Try to check the quality of the paper in terms of grammar and spelling. It is also necessary to check the introduction of the paper, as there is a lot of emphasis given to this part in different papers.Sometimes, the paper does not appear right at first sight. Thus, one should find a way to clarify the points that the paper talks about so that the rest of the papers will be better than the first one. Do not use the word 'see' for search engines. This will help you gain a more effective results.For the students who do not have enough time to prepar e the research papers, they can refer to other schools that offer this kind of paper as well. There are a lot of websites that would help the students to select between the different types of papers. The great thing about these websites is that they are cheap and they would help you save a lot of time as well.

Top Guide of King Lear Essay Topics

Top Guide of King Lear Essay Topics Top King Lear Essay Topics Choices King Lear is among the best works by Shakespeare. Shakespeare acknowledges not just the artificiality of theatre but also the methods by which theatre can be employed to expose the reality. Through the king, he attempts to illustrate the influence of the outside world as well as our own inner desires. He uses the theme of eyesight in other parts of the play as well as this, to show foolishness. In King Lear, there are a few elements of the play that appear to haven't any hope. Lear, not able to take additional pain, dies. On a bigger scale, there's a view in King Lear of the world that's strictly absurd and irrational. Lear's very first act of blindness came at the start of the play. What the In-Crowd Won't Tell You About King Lear Essay Topics Kent is also disguised so as to help Lear. Lear does not appear beneath the surface. Lies You've Been Told About King Lear Essay Topics Success came as a consequence of his abundant wisdom and awareness about his work and life generally. And I believe that's among the things that really informs the work. They always require a little assistance from others. On the other hand, the deception never appears alone. Examples of Shakespearean fanfiction are available here. The Basics of King Lear Essay Topics Loyalty is an important theme conveyed throughout the very first act of King Lear and is also a big sponsor for the fu ture actions of the primary characters in the play. However, this kind of opportunity isn't granted to stubbornly depraved characters. Write an essay analyzing the manner where the subplot parallels the major plot. What Needs to be Done About King Lear Essay Topics Before It's Too Late Let's look at his usage of the oxymoron, and we are going to throw in a couple of paradoxes solely for the fun of it. For me, a great ending has no negativity and regrets. This ending is full of bloodshed. Again, it's kind of a theme he's pulled out ofKing Learand treating repeatedly. On the 1 hand, it's a generous action and his kneeling in front of daughter, together with, his grief after her death is apparently sincere. The eldest sisters could possibly be regarded as smart, at least for the start of the play, in the manner which they are capable of fooling their father into thinking that they truly love him in order for wealth and a greater political status. Now, they rule the scenario, and their father becomes a casualty of his wrong decision that's to provide this ability to them. Though the play was a rather dark and depressing one, I'll use the few relationships which were truly friendships in addition to those that were outright doomed to fail to be able to explain Aristotle's views. Excellent people and the terrible people both die, but the great men and women just will need to suffer more. He says, These words are intended to make everyone laugh, obviously. Thus, don't waste time and begin writing your remarkable essay! If you would like to compose an argumentative essay on this subject, getting notes and descriptions will be rather uncomplicated. Here, he attempts to provide the storm orders. No wonder it's the topic of the majority of discussion across all schools and colleges. Don't hesitate to combine distinctive topics or change them in order to make your own topics for King Lear. Facts, Fiction and King Lear Essay Topics King Lear, the father of 3 girls, requests his daughters to share their love for him, in order for riches. In King Lear it's the association between father and daughters. Edgar realizes that if he fails to change himself to Poor Tom he won't survive. Edmund tricks Gloucester into believing that he is trying to get rid of him. Kellyanne Conway attempts to make him feel much better. The narrative of the show appears to be that Cameron Dallas is only a 21-year-old kid who's way out of his depth. 1 scene particularly emboldens me. As a result of Kent's blunt speech, he's given ten days to leave the nation. The Do's and Don'ts of King Lear Essay Topics It looks like fate brings these 2 brothers to loathe each other. Other scholars feel this descent into nakedness has moral implications particularly in the era of Shakespeare. In truth, it's most likely one of the most bleak tales I've ever read. The tragic hero has to have a hubris surrounding him. Although an incredibly minor change Edmund, among the play's best villains comes to demonstrate a change after being defeated. Give examples from the play to back up your answer. Cite examples from the play to back up your answer. Cite examples from the play to back up your view. They're diminished with no prospect for recovery. Edgar serves lots of distinct functions throughout the play.

Essay Editing - Important Ph.D. Tips

Essay Editing - Important Ph.D. TipsDissertation editing is one of the crucial steps that needs to be done by dissertation editors before your PhD or master thesis is ready for submission. These editing should be taken care of before you submit the whole manuscript so that everything goes according to plan.You need to make sure that you are able to focus on certain aspects in your master thesis. These are the areas where you need to ensure that you are able to focus on and solve those issues to ensure a good and appropriate manuscript. Your thesis is your culmination of your work at the PhD level.One of the most important things you need to do when you are going through the process of dissertation editing is to think about how it is going to turn out. This is where the thesis editor's editorial power comes into play. Thesis editing involves editing, checking the grammar and punctuation as well as proofreading your thesis and if required, there may be more corrections and updates nece ssary.A good strategy of dissertation editing is to first get your thesis proofread by a professional editor. You need to consider that the thesis is not the end of your PhD but the beginning. This is where your dissertation editor should be of great help.You need to plan for the submission date of your master thesis, its format, deadline, acceptance criteria, speed of delivery, etc. All these have to be considered before submitting the thesis.You need to ensure that you have all your facts in front of you when you are doing your dissertation proof reading. If you have misquoted or mixed up facts or information, the reader may lose interest and it may result in poor quality writing. It is good to use proper grammar and spelling rules while proof reading your thesis. The editor will be the one to identify problems and help you avoid them.Dissertation editing is not something that should be taken lightly. Thesis editing is one of the most important tasks that must be done before you s ubmit your dissertation for publication. You will be assured of the success of your dissertation once you get the right editing services in the right hands.

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