Unit 654 Essay

Managing performance means when an employee will be have targets and goals they have been given to see how they are progressing and what the final result is, all this will be monitored. There are 7 seven ways of monitoring their performance:

PA402: Employment Law Unit 3: The Employment Relationship - Shewin Memorandum Your Course Project: Read About the Shewin Memorandum

This case study is on assessing, planning, and intervening with families. During these type of cases, one must be familiar with the general practice with individuals, families, groups, and communities. It is important to have good communication skills, critical thinking, tolerance, setting boundaries, emotional intelligence and organization skills. There are many skills needed when working on cases.

The legal system plays a vital part in balancing the rights and responsibilities of employers and employees. The extents to which these rights and responsibilities are adequately balanced by the law are lacking in certain areas and as a result non-legal avenues of maintaining this equilibrium are pursued. The legal system attempts to provide sufficient guidance for workplace related issues in the reform brought about by the 2009 Fair Work Act (Cth) and the regulations it has implemented. However, whilst issues such as discrimination, safety, leave and Termination of employment highlight the significant deficiencies of the legal system, they also serve as evidence of the substantial effort of the law in providing justice for employees and employers. The legal system makes is vital to ensuring a safe and just environment in the workplace however further

However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.

Performance Management is a process aimed at improving performance in an effective and efficient manner. It involves following principles that ensure individuals or teams they manage:

In a previous role as Senior Youth Worker, I adhered to a approximately over 20 departmental and organisational policy and Service practice frameworks , guidelines, agreements and practices when competing daily task . Several include Implementation the service level agreement for case management , duty of care, drugs testing policy , internal , Work Place Health and Safety Policy, and Leave and Scheduling Policy, state and federal legislation. Within the framework of Department of Children’s safety a Western Australia. It is important I follow these guidelines for several reasons, including , transparency, service reviews , auditing to name but a few. This ensure the Youth Worker is aware of responsibilities and legal obligations as

Employment legislation means, a body of laws that control the relationships between employers and employees. These laws are designed to protect workers. Employee legislation covers job responsibilities, salary, paid holidays and Employee terminations etc. Employee termination means end the employee relationship from employer. In ABC Company, employer has rights to terminate the employment of an employee but the human resource department makes sure that the employer has complied with employment and labor laws in making the decision to terminate the employee. It ensures worker's rights are protected during the termination process and ABC Companys Human resource departments duty to explain to employee the reasone for the termination. If worker is terminated due to misconduct, harassment, if their performance not meet the standards or other reasones human resource department explain about why the employees actions are breaking companies policie. These process are not followed by the previous HR

The Workplace Relations Act has managed to amalgamate the functions fulfilled by the five bodies mentioned above to establish a unified system of address. However, it could be argued that this may not be so simple in that it makes the system more obscure and leaves room for error and the need for a very good employment law practitioner to deduce the meaning of the various sections of the Act to do with interpretation of legislation. In the academic paper by Lord Bingham entitled “The Rule of Law”, he reiterated “The law must be accessible and so far as possible intelligible, clear and predictive” . He further states “It is one thing to move the law a little further along a line on which it is already moving, or to adapt it to accord with modern views and practices; it is quite another to seek to recast the law in a radically innovative or adventurous way” . In my opinion, the 2015 Act is very difficult for an ordinary worker to figure out because of the interconnection of statutory instruments and so interpretation would need engaging a very good lawyer. The process may have

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Although Lord Phillips came to the correct conclusion, he did not provide a coherent structure for courts to follow when making future decisions., his analysis is useful for cases with very similar features to this one, but will be of limited use to cases where the circumstances are different, this will of course be most cases and therefore he should have provided more guidance, this is particularly evident when looking at the features which he thought made their relationship closer than that of an employer and employees. There is no discernible logic which links the two factors together, and it is unlikely that a court will be able to infer from those two features a common rule which can be applied to other situations.

Many employment rights are highly dependent on the ability to establish the status of an employee. However there is no useful statutory definition on ‘employee’. The closest definition can be found in the Employment Right Acts 1996 (ERA 1996), section 230(1), but it is in a form of a circular, and thus it is of little help. Therefore, it is left to the courts to define what is an employee. Over the years, a number of tests have been developed to help the courts to make judgement. The employment status test identifies that, the employer has an obligation to provide work for the employee and there must be a reciprocate obligation by the employee. Failing these, a person is unlikely be classed as an employee (Bebbington Palmer). However, the application of these tests is not always easy or straightforward.

Special report: Employment tribunals were devised to simplify workplace disputes. So why do so many fail to achieve this singular goal? Equality law The changes brought about by the Act highlight the need to review employment policies, practices and procedures Managing remote workers Is it working? The jury’s out as remote, flexible working becomes widely-embraced culture for everyone Health & safety… what next? A raft of major changes in health & safety

The aim of this Assessment is to demonstrate an understanding of employment regulation and how it is enforced. Other areas covered include; how to manage recruitment, manage issues relating to pay and working time lawfully and how to ensure that staff are treated lawfully when they at work. Finally it will cover managing performance and disciplinary matters lawfully.

From English law, “employment law will fall under the remit of civil law which is concerned with resolving a dispute between two parties. Most employment disputes will be resolved in the employment tribunal. In resolving the dispute compensation or damages can be awarded to the wronged party or in some cases an injunction can be made” (Daniels, 2004, p. 4).