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Write 12 pages thesis on the topic employment law: employment relations act. In most cases, trade union acts are considered legal if they are performed by the employees after office hours or during of
Write 12 pages thesis on the topic employment law: employment relations act. In most cases, trade union acts are considered legal if they are performed by the employees after office hours or during office hours with the consent of the employer. In our case at bar concerning Sarah, the first thing that we need to look into to determine the legality of the actions of Sarah is the nature of her employment at Uptown CollegeIn the facts of our case, Sarah is a Senior Lecturer in the college. According to section 230(1) of the Employment Rights Act of 1996, an employee is “an individual who has entered into or works under a contract of employment” whereby that person subjects her/himself to the following circumstances and factors of employment namely, control which includes the duty to obey lawful orders of the employer, the integration which includes the grievance procedures, a business reality which includes the payment method and mutuality of obligation which include the right to refuse to work ( Burchell., Deakin and Honey, 1999).
Since the rights of workers and employers are widely based on case laws and not on statutory laws, we must now rely on the Where the employee entered into a contract with the employer, the provisions of the contract of employment shall now govern the relationship between the employer and the employee. In the case of Sarah, the provisions of her contract of employment shall now govern. Where the terms of payments are clearly defined in the contract of employment, the employer and the employee are bound to honor the provisions of the contract.
On the other hand, according to the principles of mutuality of obligation, Sarah cannot negate her duty to perform her task and still get the same compensation from her employer. Even where the contract of employment signed between Sarah and the University did not contain a mutuality of obligation clause, the obligation to deliver what is due to the parties is implied in the contract. According to the rulings of the court in the case of Stevedoring & Haulage Services ltd. v Fuller [2001]1, the general practice of employment of the company can be used as the basis for establishing the mutuality of obligation between the parties. .
