Legal Effects of Language Issues in Workplace Discourse: Evidence from Australia’s Fairwork Commission

2021 ◽  
Vol 66 (1) ◽  
pp. 166-179
Author(s):  
Pietro Manzella
Keyword(s):  
Employment Relationship ◽  
Workplace Discourse ◽  
The Relationship ◽  
Employment Litigation ◽  
Language Issues

Abstract The aim of this paper is to investigate the relationship between law and language in workplace discourse. To this end, a number of pronouncements issued by Australia’s Fair Work Commission – which mostly deals with employment litigation – are examined to see to what extent language-related problems affect both the employment relationship and the decision handed down by lawmakers when evaluating the cases submitted.

scholarly journals Sacked! An investigation of young workers' dismissal

2011 ◽  
Vol 17 (2) ◽  
pp. 226-244 ◽  
Author(s):  
Ashlea Kellner ◽  
Paula McDonald ◽  
Jennifer Waterhouse
Keyword(s):  
Content Analysis ◽  
Young People ◽  
Sexual Harassment ◽  
Young Women ◽  
Relative Frequency ◽  
Employment Relationship ◽  
Young Workers ◽  
Employment Relationships ◽  
The Relationship ◽  
Advocacy Organisation

AbstractLimited academic attention has been afforded to young workers relative to their adult counterparts. This study addresses a phase of the employment relationship for young people that is very infrequently examined – during or around the time when the relationship ends. It examines the relative frequency of different forms of dismissal and the circumstances preceding the dismissals via a content analysis of 1259 cases of employee enquiries to a community advocacy organisation in Australia. Results indicate that dismissal was most commonly associated with bullying, harassment, and taking personal leave. Young men, compared to young women, were disproportionately likely to report allegations of misconduct as preceding dismissal, while females experienced higher rates of sexual harassment and discrimination. The research highlights the types and circumstances of dismissal across a range of employment contexts and reveals the complexities of youth employment relationships which may differ from those of the general workforce.

scholarly journals Ugovorni odnosi u vezi s privremenim agencijskim radom

2020 ◽  
Vol 40 (3) ◽  
pp. 1101-1127
Author(s):  
Darja Senčur Peček ◽  
Sandra Laleta ◽  
Karla Kotulovski
Keyword(s):  
Good Practice ◽  
Employment Relationship ◽  
Labour Law ◽  
Legal Subject ◽  
Contractual Relationship ◽  
Temporary Agency Work ◽  
Contractual Relationships ◽  
Workplace Rights ◽  
Labour Legislation ◽  
The Relationship

This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.

Labour Union Responses to Participation in Employing Organizations

2010 ◽  
Author(s):  
Gregor Gall
Keyword(s):  
Decision Making ◽  
Third Parties ◽  
Employment Relationship ◽  
Decision Making Processes ◽  
The Relationship ◽  
Different Levels

This article provides a multilayered theorization of labour unionism's relationship to participation in order to provide the basis for examining unions' experience of, and response to, participation. This requires an exposition of the broad parameters of the relationship between labour unionism and participation before examining the conceptual implications of these parameters. In doing so, participation is defined broadly as the reality, rhetoric, and aspiration of worker involvement in task determination as well as contributing to higher-level, decision-making processes concerning the employment relationship, enterprise, and markets, whether coming from workers, employers, or states. This then concerns, with varying degrees of depth and breadth, direct and indirect participation at different levels of employing organizations and over an array of subjects. In essence, the focus of the article is on bilateral arenas of engagement between workers and employer representatives that are not formally and conceptually predicated on the involvement of any third parties.

scholarly journals A versenytilalmi megállapodás

2015 ◽  
Vol 12 (3-4) ◽  
pp. 20-28
Author(s):  
Alex Ember
Keyword(s):  
Geographical Area ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Employment Relationship ◽  
Financial Compensation ◽  
Time Period ◽  
The Law ◽  
Employee Needs ◽  
The Relationship

The “agreement on non-competition” is essentially the extension of the protection of the basic economic interest of the employer. While during the employment relationship several labor law provisions protect the interest of both parties, the “agreement on non-competition” is designed to protect the employer’s interests after the termination of the relationship. This means – in return for financial compensation – the former employee needs to refrain from any kind of business competition against his/her former employer. This necessarily involves financial compensation and may have several restrictions, such business or geographical area or time.   The previous Labor Code did not specify for detailed regulation of the issue and the law remained rather vague. It merely referred to the fact that parties – based on their own free will – may enter into such agreement. However the new Labor Code contains explicit regulations under title XVIII of the Act as “Particular Agreements Related to Employment”.   The “agreement on non-competition” belongs to the field of employment law. Unlike the previous Labor Code that categorized this possible agreement as of purely civil law in nature, the new Labor Code declares it to belong under the scope of the Labor Code. The previous regulation even ordered the provisions of the Civil Code to be applied to such agreements however the new legislation brought a conceptual change.   The currently effective regulation provides for a 2-year limitation on such conduct on the employee’s part that would create competition with the employer. The exact amount of the consideration payable for this obligation remains to be decided by the parties however the Labor Code suggests that it shall be based on how difficult the applied restrictions make it for the employee to find another job with his qualifications and experience. As a basic limit the law provides that the amount shall not be less than one-third of the base wage payable for the same period of time.   The “agreement on non-competition” is not to be confused with similar legal institutions. The paper points out two close similarities in the legal system. One being the employee’s obligation of confidentiality; this prevails after termination of the employment relationship as well without any time or similar restrictions and even without any financial compensation. The other one is the so called “non-compete” agreement from the field of competition law. This is applicable after takeovers where the seller shall refrain from engaging into business in the same area as the buyer.   In the field of labor law the time period for the “agreement on non-competition” is up to the agreement of the parties however the new law invokes an upper limit of two years that is following the termination of the employment relationship. This is a decrease from the previous regulation that provided for a period of three years. The agreement can be modified by the consent of both parties just like the employment contract or civil law agreements.   In case of violation of the agreement three cases are to be analyzed. The first is the case of the employee breaching the provisions of the contract. In this case the employee is liable for damages towards his/her former employer. The provisions of the new Civil Code and those of the Labor Code are to be applied to the damages. In the second case the employer may request an injunction to prohibit the employee from any conduct breaching the agreement while the third case involves the breach of the agreement on the employee’s part for which the rules of the Civil Code and the Labor Code are to be applied as well.

scholarly journals Contractualism and the Employment Contracts Act 1991: Can they Deliver Equality for Women?

1970 ◽  
Vol 19 (3) ◽  
Author(s):  
Margaret Wilson
Keyword(s):  
Employment Relationship ◽  
Employment Contracts ◽  
The Past ◽  
Regulatory Frameworks ◽  
Employment Equality ◽  
The Relationship

This article addresses the question whether employment equality for women is even possible under the current provisions of the Employment Contracts Act, which rely on the principles of contract to regulate the employment relationship. The article inequality of women's lack of bargaining strength under the past and present employment regulatory frameworks, and discusses the relationship between women's poltical power and contractual bargaining strength.

scholarly journals Vicarious Liability and the Employment Rationale

2013 ◽  
Vol 44 (3/4) ◽  
pp. 707
Author(s):  
David Neild
Keyword(s):  
New Zealand ◽  
Attorney General ◽  
Employment Relationship ◽  
Vicarious Liability ◽  
The Relationship

This article argues that the employment relationship should remain the underpinning rationale for vicarious liability.  The article draws a distinction between cases where liability is imposed because the defendant is an employer, and those where liability is based on agency. Other non-employment vicarious liability cases are distinguished using liability for breach of non-delegable duties.  The article also considers English cases where vicarious liability has been extended to relationships with similar characteristics to employment, and argues that this approach should be preferred to the New Zealand Court of Appeal's approach in S v Attorney-General.  At the end of the article there is a discussion of the relationship between exemplary damages and vicarious liability.  It is argued that, although exemplary damages may be inappropriate in vicarious liability cases, they should be available for breach of a non-delegable duty. Such an approach may better explain some of the decided vicarious liability cases.

Delayed Formal on-the-job Training

ILR Review ◽  
1997 ◽  
Vol 51 (1) ◽  
pp. 82-99 ◽  
Author(s):  
Mark A. Loewenstein ◽  
James R. Spletzer
Keyword(s):  
Population Survey ◽  
Job Training ◽  
Employment Relationship ◽  
Formal Training ◽  
Longitudinal Surveys ◽  
Returns To Training ◽  
On The Job Training ◽  
Using Data ◽  
The Relationship

The fact that an employer and employee incur a loss when a trained worker changes jobs provides an incentive for on-the-job training to be selectively provided to workers who are less likely to change jobs. Consequently, if there is belated information about employees' future mobility, it may be optimal to delay training, even if doing so means forgoing the returns to training during the early part of the employment relationship. The training literature, however, assumes that training is concentrated at the beginning of the employment relationship. The authors of this paper examine the relationship between tenure and the probability of ever having received training using data from the Current Population Survey and the National Longitudinal Surveys of Youth. Their findings indicate that delayed formal training is the norm rather than the exception.

Electronic monitoring and surveillance in the workplace

2015 ◽  
Vol 44 (1) ◽  
pp. 161-175 ◽  
Author(s):  
Peter Jeffrey Holland ◽  
Brian Cooper ◽  
Rob Hecker
Keyword(s):  
Electronic Monitoring ◽  
Negative Relationship ◽  
Employee Attitudes ◽  
Employment Relationship ◽  
Future Research ◽  
Probit Regression ◽  
Content Type ◽  
Trust In Management ◽  
Monitoring And Surveillance ◽  
The Relationship

Purpose – Electronic monitoring and surveillance (EMS) practices provide new challenges in the workplace. The purpose of this paper is to examine the relationship between EMS in the workplace on employees’ trust in management. Design/methodology/approach – This paper is based upon data from the 2012 Australian Electronic Workplace Survey of 500 randomly sampled employees. Controlling for a range of personal, job and workplace characteristics, the data were analysed using OLS and ordered probit regression. Findings – The regression analyses identified that EMS has, on average, a negative relationship with trust in management. The authors further differentiated the sample to examine the potential impact of EMS on trust between manual and non-manual employees. The study found the relationship between EMS and trust in management was only evident for manual workers. Research limitations/implications – Future research should investigate the extent to which employee attitudes, commitment and engagement are impacted, and the individual-level and organisational-level outcomes of EMS. Causal inferences are necessarily limited and the research does not address managers’ underlying motives. Although self-reported data on EMS reflect objectively measured characteristics of the organisation. Practical implications – EMS can have negative effects on the employment relationship through the loss of trust in management, especially for manual workers. Tangible effects may flow from this through withdrawal behaviour such as employee exit from the organisation. Social implications – The findings of this study provide evidence to add to the debate on the extent and impact of EMS in the workplace and its impact on employees, the employment relationship and productivity. Originality/value – Workplace surveillance is one of the most contentious issues facing employers, workers, unions, government and legal experts. However, little research has been undertaken on the effects of EMS on important job-related attitudes such as trust. The current paper remedies some of these deficits.

scholarly journals Particularities of Temporary Work. Advantages and Vulnerabilities

2021 ◽  
Vol 8 (2) ◽  
pp. 70-81
Author(s):  
Maria-Cristina Bălăneasa
Keyword(s):  
European Union ◽  
Employment Relationship ◽  
The European Union ◽  
Temporary Work ◽  
External Current ◽  
Temporary Employee ◽  
Legislative Framework ◽  
Work Relationship ◽  
Triangular Employment Relationship ◽  
The Relationship

Temporary work is an alternative to providing the activity and procuring external, current labor force, more and more common in the countries of the European Union, including Romania. The alternative of such work is beneficial to all parties involved in the triangular employment relationship: the temporary work agent, the temporary employee and the user of the temporary workforce. This article proposes a brief presentation of some theoretical aspects related to temporary work (the importance of temporary work in today's society, the Community and national legislative framework, the actors of the temporary work relationship and the relationship between them, such as listing the conditions and authorization of the employee temporary in Romania) followed by an analysis on the evolution of employment agents registered in Romania in the period 2007-2021.

scholarly journals Enhancing Employee Wellbeing: The Roles of Psychosocial Safety Climate and Psychological Contract

2020 ◽  
Vol 5 (SI3) ◽  
Author(s):  
Eva Salmee Mohd Salleh ◽  
Siti Rohaida Mohamed Zainal ◽  
Zuraina Dato Mansor
Keyword(s):  
Psychological Contract ◽  
Safety Climate ◽  
Employment Relationship ◽  
Question Mark ◽  
Business Organisation ◽  
The Public ◽  
Employee Wellbeing ◽  
Successful Business ◽  
Relationship Of ◽  
The Relationship

A thriving business requires thriving employees – a simple formula for a successful business. The equation of works leads to the wellbeing of the employee has raised a big question mark among the behaviourists as more researches conclude differently. This study examines the relationship of psychosocial safety climate, psychological Contract on wellbeing through a positive employment relationship. With a total of 235 employees for the public, semi-government and private sector business/organisation in Selangor. The findings reveal that enhancing the psychological contract can improve employee wellbeing. Moreover, a positive employment relationship is found to play an important role in flourishing employee wellbeing.

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