Employment Relations Act 2000 defines the term employee as:
any person of any age employed by an employer to do any work for hire or reward under a contract of service
any person of any age intending to work or is a homeworker
excludes a volunteer who does not expect to be rewarded for work
a volunteer who receives reward for work performed
'To build productive employment relationships through the promotion of good faith in all aspects of the employment environment' is the objectives of which act ?
Copyright Act
Rehabilitation and Compensation Act
Trade Marks Act
Employment Relations Act
The Employment Relations Act 2000 objectives are achieved by:
recognising that employment relationships must be built not only on the promotion of mutual obligations of trust and confidence between the parties but also the requirement for good faith behaviour;
by the relegation of collective bargaining as well as of individual choice
by the promotion of litigation rather than mediation
to acknowledge and address the inherent inequality of power between employees and employers
What is defined in section 5 of the ERA?
employee
independent contractor
The courts have devised three tests to determine whether a person is an employee or an individual contactor. What are they?
The control test
The objective test
The rational test
The organisation test
The economic reality test
Section 4 states that the parties to an employment agreement must deal with each other in good faith however may either mislead or deceive each other
True
False
Why was section 156, Employment Relations Authority, set up ?
to investigate and direct to mediation
to form relationships with outside businesses
to settle employment disputes by ascertaining facts and making decisions
The employment court can hear challenges to determinations made by authority. These are called an election rather than an appeal. How many judges can there be per hearing?
1 judge of the employment court
2 judges
3 judges in a full hearing
up to 5 judges for serious cases
The Labour inspectorate role is appointed by the Chief Executive of the Department of Labour. This role entails:
assisting in the enforcement of the ERA, Equal pays Act, Wages Protection Act, Holidays Act and Minimum Wage Act
inspecting work done by the Department of Labour
entering premises to interview people, inspect and copy documents and question employers about compliance with relevant legislation
keep work places clean and tidy
maintain a solid work ethic across all departments
Health and Safety in Employment Act 1992 entails:
its objective to promote excellence in health and safety
requires employees to take all reasonable steps to ensure that no action or inaction of any employee harms any person
the duty to minimise hazards
first aid is to be trained and administered in the workplace
an ambulance must be on hand at industrial workplaces
Unions are created with the purpose of collectively negotiating with employers. Does every employee have to join a union?
Yes, it is a requirement to join the union to talk to employers
No, it is voluntary and employees have the freedom whether or not to form or join a union
Which of the following are correct?
Collective employment agreements are negotiated only by a union on behalf of employees, they are agreements of two or more employees
Individual agreements are between a group of employees and the employer
Which acts belong to Wages and what do they entail?
Minimum Wages Act 1983 provides a minimum wage set by order in Council
Equal Pay Act forbids discrimination in rates of pay for the same work purely on grounds of gender
Holidays Act 2003 to be paid on holidays
Time off Act 1905 to allow sick days and annual leave
What does the Holidays Act 2003 entitle?
Minimum of 4 weeks paid holiday per year
No more than 4 weeks paid holiday per year
11 public or stat holidays per year
All stat or public holidays in a year
Every family holiday the kids decide
Personal grievance includes the following:
Unjustified dismissal
Unlawful discrimination
Sexual or racial harassment
Grievance submitted to employer - 90 days
Mediation
Loss of personal property
Family member turns up
Redundancy is not defined in the ERA. There is no legislative requirement for redundancy payment. However, ERA requires every employment contract to include an employment protection provision to protect employees when the employer sells out the business. True or false?
A strike is different to a lockout. True or False ?
