History of Employment Relations/ Relative process

Question 1

Classification of a Worker

Question 2

Employee:

Answer 2

Permanent: Parental leave, bereavements, holidays, sick leave

Question 3

Employee

Answer 3

Fixed Term: Brough into cover

Question 4

Employee

Answer 4

Seasonal: type of fixed term contract, work will finish at end of season

Question 5

Employee

Answer 5

Triangular: employeed by one employeer but is working under another organisation

Question 6

Employee

Answer 6

casual: not guaranteed set hours of work, regular pattern or on going expectation of employment

Question 7

Employee

Answer 7

Film production workers: are either independant contractors or unless have a written agreement are employees

Question 8

2. Self- Employeed

Answer 8

Independant contractor

Question 9

3. Volunteers

Answer 9

Volunteer worker:

Question 10

3. Volunteers

Answer 10

Casual Volunteer

Question 11

4. Modern Slave

Answer 11

Sex traficking and forced labour- example: immigrant worker working as massage therpaist in mall getting paid 35 cents per hour.

Question 12

types of dismissal:

Answer 12

Contrusctive, Unjustified, Summary, Medical Incapacity, and Incombatability, medical retirement, general retirement

Question 13

Constructive

Answer 13

No termination of employment- it is forced resignation on employees end. issues that lead to this:
employer assigning shit work, excessive hours impending stress and anxiety onto employee, harrasement/bullying in the work place, discrimination.
- employee concerned with perofrmance of employee, however does not approach the situation under good faith, good reason and good process. examples of this: implementing a performance plan (PIP) to fix issues surronding performance
process of addressing issue:
- putting it into writing
- setting up a meeting with employee, give employee enough time to respond and tell their side of the story
- providing employee with oppurutnity of a support person to bring along to either meeting, mediaiton
- ensuring you as the employeer listens to the sidr of the employee and takes it into fair consideration
- implementing regular performance review meetings

Question 14

Personal Grievances:

Answer 14

Must be raised 90 days after dismissal took place
the process around displnaries should be evident in the employeement agreeement

Question 15

Summary Dismissal and incompatibility

Answer 15

through serious misconduct summary occurs
both of these need to unergo a displinary process before undergoing this

Question 15

Remedies:

Answer 15

formal and informal intervention:
internal and external management:

Question 16

Internal Management

Answer 16

Work place policies and procedures in place
displinary processes ie formal and informal meetings
performance management

Question 17

External Management:

Answer 17

MBIE- Early resolution/mediation
free phone line that gives advice for employee and employeers- can suggest mediation and judge severity of employment issues
- Human rights commision under human rights act
- ERA- if case isnt solved by mediation and earlier interventions
- Employment court- most severe conflict issues

Question 18

Unjustified Dismissal

Answer 18

103A of employment Relations act 2000

Question 19

Workers compensation

Answer 19

monetary compensation under dismissals
ACC injury compensation/insurance under work place incidents