Law Of The Workplace - Case Study Example

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The infamous "President of the Methodist Conference v Parfitt [1984] ICR 176," was inspired as a result of a desperate bid to establish if indeed there is a Contract of Employment that involved the Methodist Church and the Applicant. It was established during the hearings by a majority decision of the Industrial Tribunal that the specific arrangement that existed between the church and the minister of the gospel also in the church is clearly stated in the church's rule book, which does not exclude the extent to which any minister under these stated provisions is subject to…
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Law Of The Workplace
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Download file to see previous pages t and should therefore be viewed as such. To this end, Dillon L.J was quoted as saying:
I have no hesitation in concluding that the relationship between a church and a minister of religion is not apt, in the absence of clear indications of a contrary intention in the document, to be regulated by a contract of service. I do not doubt that there probably are binding contracts between the Methodist Church and its ministers in relation to some ancillary matters, such as the compulsory superannuation scheme and the obligation, of which Mr. Parfitt told us, on trainees to repay a proportion of the expense of their training if they do not remain in the ministry for at least 10 years. These however are no part of the contract of service, either on reception into full connection or on appointment to a circuit, which Mr. Parfitt seeks to set up. Page 183H.
It is therefore in the light of the foregoing that the central focus of this paper is to conduct an exhaustive analysis of all the contending issues that have risen with the dawn of this case. The paper will be using theological and legal references to buttress points where they are essentially relevant for serving the purpose of the thematic framework of the essay. It should also be noted that whilst, the essay is cautious not to engage in too many technicalities that are perhaps beyond the scope of this essay, much of the theological and legal references will be made intermittently and in some instances it will be done concurrently in order to reduce verbosity and enhance simplicity for the comfort of the reader.
According to the Employment Relations Act 1999 section 23, the government of the United Kingdom has being bestowed the power of employment and its rights to people and institutions who are not defined within the conventional group of employees. This category includes among others, office holders such as the clergy and ministers of religion, casual workers, agency workers, homeworkers and what have you. By this Act, it is not intended that an entirely new strand of labour force was being introduced. On the contrary, the thrust of this Act stipulates that this category of workers should be given the privilege of being a part of the rights mainstream employees enjoy.
The Archbishops' Council of the Church of England gave a laudable contribution to a 2002 discussion document under the auspices of the Department for Trade & Industry concerning Employment Status that concerns Statutory Employment Rights. The Council said "the clergy are entitled to terms and conditions of service which adequately protect their rights, recognize their responsibilities and provide proper accountability arrangements." In the light of this a number of observers argued that some clergy men had an additional ...Download file to see next pagesRead More
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