The multi- and interdisciplinary nature of labour relations:
Multidisciplinary: involves a combination of different perspectives in approaching a particular field of study. Each perspective stays unchanged by the interaction of professionals working in a team. In the field of labour relations different perspectives are viewed from the different labour sections such as the economics perspective, sociology perspective, industrial psychology and management’s perspective.
Interdisciplinary: considers how different disciplines integrate accordingly. From an interdisciplinary perspective you can also consider the study of labour relations, new disciplines are created when ideas and knowledge are blending from various disciplines.
The economist perspective:
Economics concerns
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There is a fundamental methodology which is done and is known as the stare decises rule which means ‘let the decision stand’ meaning that the decision of the courts must be followed. Lawyers understand the facts and know which decisions to apply as it is what they do.
It’s typical to divide employment law into two sections namely individual labour law and collective labour law. Individual labour law is the main law which involves contractual relationships between each employee and their employer. Collective labour law is the interaction between groups of employees and their employers. Both individual and collective labour law focus on the manner in which disputes are prosecuted and conducted. Labour relations is an important consideration for society that it is common to find specialist courts and tribunals that only deal with labour
Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.
We need employment law to comply with each relevant legislation. These laws regulates to the relationship between employee and their employer to ensure that they comply with the processes of hiring and equal pay, fair disciplinary/dismissal procedures along with other work placed regulations.
Multi disciplinary working is when several professionals work together with different expertise and they provide care for a person for reasons like they cannot cope or if there are signs of abuse they can stop it through all the professional communication with one another for example
In addition, Case Law Reasoning was used to determine the outcome. Case Law Reasoning is when courts take prior cases, also known as precedents, and apply these cases to guide in the decision making processes. This application of taking prior cases to assist in the conclusion of current cases is known as stare decisis. Because case facts often vary, several cases are usually brought up to expand and make it possible to have a factual determination. In addition, several cases are brought up because moral ideas and the acceptance of such will change over time. Having
Diversity is basically the condition of being different and many times people think diverity is just about race and culture, but there wrong. Diversity includes different dimensions Loden and Rosener (1991) Describe two major dimensions which are primary and secondary. Primary dimensions generally states things that we cannot change which would be like age, race, ethnicity, gender, physicakl qualities, and sexual orientation. Secondary dimensions will include things such as income,education, religious beliefs, military experiece, geographic
Diversity means differences and variations, within in people for example different races, beliefs, physical appearances, age, capabilities, customs and gender and class.
To me, diversity is the idea that there are multiple points of view on a given topic. As everyone has a different input to each subject. In many work fields, diversity is greatly depended upon. In nursing there are great examples of how diversity can help in crucial situations. For example, during a trauma, while everyone is in different placing assisting the patient, the aide is instructed to cut off the clothes, but sometimes there are many different things that need to be done. Each nurse has an idea of the things that they should do and in which order, but sometimes other nurses have better ideas, or they can collaborate and use both ideas at the same time, as this is usually the most efficient way to get everything done.
The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.
However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.
The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees
Over time, both the volume and complexity of employment law that originates in the EU has grown considerably.
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.
The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as
The close of the First World War gave a new twist to the labour policy, as it created certain social, economic and political conditions that raised new hopes among the people for a new social order. There was intense labour unrest because workers’ earnings did not keep pace with the rise in prices and with their aspirations. The constitutional developments in India led to the election of representatives to the Central and Provincial legislatures who took a leading role in initiating social legislation. The establishment of International Labour Organisation (ILO) in 1919 greatly influenced the labour legislation and industrial relations policy in India. The emergence of trade unions in India, particularly the formation of All India Trade Union Congress (AITUC) in 1920 was another significant event in the history of industrial relations in our country. Second Phase: The policy after the First World War related to improvement in the working conditions and provision of social security benefits. During the two decades following the war, a number of laws were enacted for the implementation of the above policy. The Trade Disputes Act, 1929 sought to provide a conciliation machinery to bring about peaceful settlement of disputes. The Royal Commission on Labour (192931) made a comprehensive survey of labour problems in India, particularly the working conditions in the context of health, safety, and welfare of the workers and made certain recommendations of