Student number: 3141438
Course: Employment Law
Course Code: HRMT322v4
Due date: August 1st, 2013
Society is experiencing many conflicts between employers and their employees. Many issues arise due to blurred lines in employment contracts; if responsibilities and expectations are not clearly stated in the contract, the employer may face difficulties when or if an incident occurs (also known as implied terms). There is an imbalance of power between the employer and employee, however, the law does not intend to create a harmonious balance, instead to hopefully come to some sort of agreement to please both parties. The law understands there is a hierarchal position to being an employer, yet it also respects the employee knowing that their power cannot be abused.
There are three different types of employees that an employer can hire; full-time, part-time, and temporary. You may also have a contract of service which entails a person agreeing to be paid a regular wage, who will work regular hours. This is an employer-employee based relationship. Whereas, a contract for service is strictly business between an employer and a client. The client does not work by the employers rules, they are not reporting to the employer, they are doing their job within the employers request. Contracts both for and of services have different roles and responsibilities to live up to in order to be successful.
The increase number of in cases in employment law is both positive and negative; positive in the sense that employees are standing up for themselves against their employers if they believe something unjust has happened. Negative in the sense that individuals believe that they were not treated fairly while working and the only way to solve their problems is to seek legal assistance.
When labour and employment law cases are brought to court, the first step in handling the case on the courts part, may be to use tests which help identify whether or
Bibliography: Moscardelli, A. (2013). 1 Employee vs. Independent Contractor. Retrieved from http://www.fieldlaw.com/articles/AMM_EmployeeVContractor.pdf Filsinger, K. (2010). Employment law for business and human resources professionals. Toronto, Canada : Emond Montgomery Publications