Rights of employers? (1 Viewer)

[bEAbEA]

I'm currently doing the essay question:

"Assess the role of the law in protecting and enforcing the rights of employees and employers."

I'm fine withe employees - no discrimination (Anti-Discrimination ACt 1977), safe working environment (Occupational Health and Safety Act 2000) etc, but I'm not so confident with employers. The only thing I've got is their rights in the situation of a breach of contract. Does any one have any more ideas, and with legislation if possible?
Thanks so much

 

[rnitya_25]

are you talking in the area of consumers?

 

[goan_crazy]

are you talking in the area of consumers?

I'm guessing workplace
We dont do rights of employers in consumerz...

I dont do workplace but more legislation [we do emp relations in business]:
Workplace relations Act
Workpalce reforms Act
Sex Discrimination Act, Racial Discrimination Act

etc...

 

[rnitya_25]

ah i guess you're right, im thinking consumers and manufacturers. sorry!

 

[bEAbEA]

yeah sorry, workplace

 

[bEAbEA]

any more ideas?

 

[Meldrum]

There are two types of rights: Inherent and Expressed rights. Inherent are those that are implied by the sepparate Workplace Relations Act 1996 (C'wlth) and Industrial Relations Act 1996 (NSW). Expressed are those that are specific to the workplace and are written into the contact.

Employer's inherent are:

- Right of confidence; cannot pass on information which is confidential to one workplace and pass it to another. However, the employee can take the skills earned in a workplace between them.
- Right of sufficient production; employer can expect the employee to reach an appropriate level of production in accordance with the contract of service; employee can make employer aware of their duties through the Work To Rule provisions in the WR Act.
- Right of appropriate action; Employer can expect employee to act in a manner expected and not to take exhorbitant risk - can be fired for not doing this, can also be exempt from the right to sue employer if they hurt themselves in the course of their duties through Occupational Health and Safety Act 2000.

That should go some way to help you.

N.B - Workers have far more right than their employees as the modern master-servant relationship means that the employer is in a higher bargaining position and hence requires less protection than employees.