At times it can be problematic when determining the employment status of your staff depending on their circumstances and how much control you have over them. For example, the additional staff you have employed may be considered independent contractors as they would only work when they are required during high demand, however this depends on how integrated and much control is exercised over them. This is where the role of the courts comes i...
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...ing treated as if they had never been dismissed and return to the exact same role as they were previously. Re-engagement suggests that employees are re-engaged with their previous employers on similar terms and conditions but do not have the same job role. Furthermore, a compensatory award may be given to employees for any loss of earnings as a result of being unfairly dismissed.
From the information I have given you above, I hope you have a better understanding of employment law and the role courts and tribunals play in deciding employee status. The tests are a good strategy in order to distinguish whether staff members are employees or contractors. In addition, the legislation and case laws discussed should illustrate common legal and HR issues which arise within the workplace and how you can deal with similar issues resulting in improved position of the company.
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