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635 Employment Relations Assignment Case Study Assessment Instruction Read the attached case study then answer the questions outlined below. You must present your answers in a report for the staff at...

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635 Employment Relations
Assignment
Case Study
Assessment Instruction
Read the attached case study then answer the questions outlined below. You must present your answers in a report for the staff at Delissimo Deli.
Legal Provisions (65 marks)
  1. Describe the difference between a contract of employment and a contract for services (i.e., employment agreement vs. Commercial contract). (15 marks)
  1. Explain the four tests are for determining whether a person is an employee or a contractor. (10 marks)
  1. Outline the minimum provisions which must form part of an employment agreement. Outline both “Implied Terms” and “Expressed Terms”. (10 marks)
  1. Using the information provided to you in the case study, draft a Collective Agreement for the staff at Delissimo. Where information for specific clauses are not provided in the case study, you will need to do research on the industry average. The agreement should include both implied and expressed terms. (30 marks)

Offer of Employment (15 marks)
  1. In the report describe the employment agreement information an employer must give to a new employee. (5 marks)
  1. Draft an offer of employment letter with a clause outlining union membership options. (10 marks)

Variation of an agreement (10 marks)
7. At any point in an employment relationship, either party can request a variation an agreements. Outline what the process for variation is for a collective agreement. List at least three occasions when a variation to an agreement may occur. (10 marks)
Formatting & Presentation (10 marks)
  • For this assignment you must have a minimum of four references. Where applicable you must refer to the appropriate statute. (4 marks)
  • You must use correct APA referencing. (3 marks)
  • Your report must be word processed and professional in presentation. (3 marks)
Case Study: Delissimo Deli
Delissimo Deli is a delicatessen and cafe with staff of 50, including waiters, chefs, retail food workers, kitchen staff and cleaners. They are all on individual employment agreements, and apart from two or three long-standing staff members, received only minimum wages and entitlements.
Sandy has worked at the Deli since she left school ten years ago. Her job includes helping the owners hire and train staff, ordering produce, managing the cafe while the owners are away, as well as generally helping out. She earns $12.50 per hour and does not have any success negotiating regular increases of pay or conditions. She has learnt a lot about food and is trying to save to open her own cafe some day. The only way she can save money is by working long hours. There are no penal rates for working longer than 40 hours per week.
The owners say they are under strong competition from supermarkets now and other cafes. Despite this, the cafe has a good reputation for service with customers in the city.
Staff turnover is high, but the owners do not mind this as there is a regular stream of young people coming in asking for jobs. Sandy has a natural aptitude for managing staff and dealing with customers, but is becoming tired of constantly training new staff. She wishes the owners would compensate her better for her skills and encourage others to stay by offering them better pay and conditions. This, she believes, would contribute better to the effectiveness of the business.
Sandy has heard that, under the Employment Relations Act, it is possible to ask a union to negotiation a collective agreement for the staff at Delissimo Deli. She has learnt that the work done by staff at Delissimo Deli can be covered by the Service Union (SWU). Sandy decides to consult a Union Representative from SWU to find out how she might go about forming a collective agreement for the workers at Delissimo Deli.
Source: Haynes. P., Oldfield. Y., & Fryer. G. (2006). New Zealand employment relations. Auckland: Pearson Education New Zealand. Case Study Marking Schedule
Topic Max Marks Comments
marks obtained
Legal Provisions:
Question 1:
Explains contract of employment 5
Explains contract for services 5
Effectively contrasts between the two 5
Question 2:
Able to describes the four tests for 10
employee vs. contractor
Question 3:
Implied terms defined and examples 5
provided
Expressed terms defined and examples 5
provided
Question 4:
Collective Agreement is logical, legal, and 20
consists of (normally) implied terms and
expressed terms
Reference to relevant statutes made 5
Applied to the case study 5
Total 65
Offer of Employment
Question 5:
Clearly describes the information a new 5
employee must be given when offered
employment
Appropriate offer letter drafted and includes 10
all relevant information
Total 15
Variation of an agreement
Question 7:
Explains the process for variation to 7
contract
Three occasions for variation described 3
Total 10
Formatting & Presentation
Minimum of four references 4
Correct APA referencing style 3
Professional presentation 3
Total 10
Total Marks 100
Weighted Mark 35%

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Answered Same Day Dec 23, 2021

Solution

David answered on Dec 23 2021
119 Votes
Running Head : Employment Relations
Employment Relations 1
Running Head: EMPLOYMENT RELATIONS
Employment Relations; Report Rot the Staff at Delissimo Deli Cafe
Name
Institution
Employment Relations; Report of the Staff at Delissimo Deli Cafe
Introduction
According to We
S. & We
B. (1902), the contract of employment is a written agreement in which a government, company and organizations consider a person as an employee. The contract defines the employment being extended to an individual by an employer. Some of the things included are salary, job description and working hours. If the contract is for a specific time, the length of employment is indicated. Thus, this type of contract can be refe
ed to as an employment agreement.
Contract of service stipulates the services to be performed by a service provider to an individual, company and organization. The service provider is not considered to be an employee of the person or organization that is hiring them. He or she is rather considered to be a contractor who is independent and the contract is a commercial contract (Mark, 2003).
A contract of employment is one that is given to individuals hired to work for a particular organisation of company, while as a contract of service is issued to those who are hired to offer a specific service to an organisation or company. The following tests can be conducted in order to distinguish between an employee and a contractor. The status given to them is an employee or an independent contractor. The taxes, benefits and other liabilities can be a basis of determining who is an employee or a contractor. The tests include the IRS 20 factor – Test and Business Employee relationship test.
According to Susan (1999), express terms are those terms that have been mentioned in a very specific way and agreed by both the employer and the employee. Some of the provisions that must be in an employment contract include the job description for the employee, the exact location of workplace, status of employment such as casual or part time, working hours and salary among others.
Implied...
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