Employment law: employment status - Assignment Example

He mentioned the definition of employment as per ERA 1996, s. 230 (1), “as an individual who has entered into or works under a contract of employment”. But other acts such as EqA 2010 s. 83 (2) defines the term “employment as a contract of apprenticeship or a contract personally to do the work.” According to Honeyball several tests were conducted by different countries to determine the factors associated with the term employee, these were controlled, integration, economic reality and multiple test, independence, residual control and tax.

According to Honeyball (2012) and Workers Compensation Board’s review (ND), parameters were determined as the factors of employment: 1. Right to Control: The level of control that one individual or an organization has over an individual whom they recruited to perform a specific job. 2. The Character of the Work as Same as an Employer: The work done by the recruited individual is consistent with that of the primary business or individual. 3. Method of Payment: Employees used to pay in hourly/daily/weekly or monthly basis, The main indication of employment was with the implementation of taxes and/or providing additional employee benefits. 4. Furnishing materials: an entity providing equipment for the people to complete a work is the indicator of employee –employer relationship. 5. Right to Hire/Fire: An entity having the right of hiring or firing a working individual represents the fact that the individual is working as an employee.

All these above factors have to consider together to determine whether someone is working as an employee or not as no single factor can not determine the employee factor. (Honeyball, 2012, pp. 22-28; Workers Compensation Coverage, n.d) 2. Why is it important whether this question is categorized as a question of law or a question of fact (or, indeed, a mixed question of law and fact)? It is important to categorize the question related to factors associated with employment under the law section.

Because as mentioned by Honeyball (2012), it is important to determine several factors associated with employment and the tests helped to figure out whether in any cases those facts get overlap or they remain mutually exclusive. The tests were developed by the common law to figure out up to what extent the different parameters associated with employment were driven by the policy consideration.The question of factors associated with employment is to be grouped under law, because the given points are fixed and universal and also interrelated as absence of one single point may remove the term employee from any job role or any organization.

On the other hand there are several definitions regarding the term employment as we have already seen in case of Honeyball’s book. Honeyball(2012), in his book provided various definitions of the term employee as per different Laws, although the definition may differ but the core fact remains the same for each law (Honeyball, 2012, pp22). In this concept we can say that the term employee can be a fact (as per various definitions attached to it). So it is better to say the question related to term employee is question of both law and facts where the law have the major part associated with it. 3. What or who is a “worker”?

In the world of workforce, people who are working can be