Essay on Employment And Unjustified Dismissal : Employment

Essay on Employment And Unjustified Dismissal : Employment

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Employment and unjustified dismissal

This essay concentrates on the employment law and how it affects employment agreement in New Zealand by the legal frameworks in which it develops employment relationship in relation to the Employment Relations Act (ERA) 2000. As highlighted “the use of such triangular relationships creates complexities in the rights and responsibilities of each party” . Means that the power of New Zealand’s employment law defines employers and employees across the statutes. The court uses the employment status for their decision-making. Furthermore, the protection that is available to protect the interest of employees and independent contractors and its effectiveness.

An employment agreement is an official agreement that identifies the conditions of the relationship involving the employer and an employee together with the reimbursements and compromises at the workplace. The definition of an employment agreement is stated in the ERA which says “a contract of service and includes an employee 's terms and conditions of employment in a collective agreement or an individual employment agreement” . In New Zealand the employment law, declares that the employer has an obligation to provide the individual a printed duplicate of an employment agreement, in whichever job the worker has applied for in New Zealand, as indicated in the ERA. This occurred from the 1st July 2011 and it may be an individual agreement or a collective agreement. All employers are obliged to maintain an authorized copy of the employment agreement with the present terms and conditions of employment.

An employment agreement is approved together by employer and employee. Whereas an individual employment agreement is simply involving the indivi...


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...e of their worker 's activities, but not for the negligence of an independent contractor. The quality of the relationship amongst an employer and a person employed for them is valuable since it influences whether the worker is protected by the ERA, Minimum Wages Act 1893 or other employment legalisation. An employer must deduct and incur other tax liabilities, also are liable to pay ACC to a worker and a worker has access to a personal grievance.

The key difference concerning an employee and an independent contractor is that an employee is employed to deliver service to a company on a frequent basis in exchange of compensation. On the other hand, an independent contractor is a worker who contracts to offer certain services to a corporation corresponding to predetermined conditions although is not on the equivalent level of control as an employee of that company.


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