Labour Law Essay Example | Topics and Well Written Essays - 1500 words

Labour Law - Essay Example It is submitted at the outset that the issue remains contentious particularly in light of the continuous changes in working practices. From a statutory perspective, the legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as â€Å"an individual who has entered into or works under†¦Ã¢â‚¬ ¦..a contract of employment†. The section 230 definition has been criticised for being ambiguous (Honeyball & Bowers. 2006) and it is necessary to refer to the common law test for defining the status of employee. The statutory provision is bolstered by the Ready Mixed Concrete test (Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance [1968] 2 QB 497), which requires an examination of the â€Å"overall picture† (Jupp, 2005) The starting point for determining whether an individual is an employee is the â€Å"control† test (Honeyball & Bowers. 2006). This was established in Yewens v Noakes (1880 6 Q.B.D. 530), where Bramwell LJ asserted that:â€Å"a servant is a person subject to the command of his master as to the manner in which he shall do his work† (at pp.532-533). However, socio-economic developments in the labour market have changed the shape of employment status, thereby undermining the suitability of the control test as a sole determinant of employment status (Pitt, G. 2007). This was further acknowledged by the Court of Appeal in Walker v Crystal Palace FC ([1910] 1 KB 87), where the control test was given a different slant by focusing on whether the employer had the right to control the background arrangements for the work such as when and where the work was done, payments and holiday entitlements. However, the Walker extension of the control test was further developed into the â€Å"integration† test as propounded by Lord Denning in the case of Stevenson Jordan and Harrison v MacDonald & Evans ([1952] 1 TLR 101) â€Å"†¦under a contract of service, a man is employed as part of the

Military Personnal Experience Paper Essay Example | Topics and Well Written Essays - 1250 words

Military Personnal Experience Paper - Essay Example Humanitarian Efforts in Panama 2007 Mission Development At the request of the Panamanian government through the U.S. Embassy in Panama, the 961st Engineering Battalion was deployed to the country as the part of the forces with the intention of helping the Panamanian residents whose schools, churches, hospitals and other vital installations needed repair and maintenance work. Upon receiving this request, our team immediately set out to make recommendations for the commander in charge of the mission in reference to how the 961st could help make a difference during this mission. Our recommendations resulted in the following proof of concept missions: â€Å"The mission is to happen in 3 phases. The first phase is the planning stage which was to be completed at least 8 months before deployment and will require the operations engineers to survey the work areas and the equipment that shall be needed in order to complete the work. The second phase of the mission is the deployment itself whe rein the 961st would help coordinate all the units, missions, and security for soldiers assigned to this mission. The final phase of the mission will require the same battalion to return to Panama one year later in order to survey the work done in the previous year and do any repairs required to maintain the integrity of the work provided.† Mission Implementation Once the mission development and analysis was finalized and approved by the commanding officer, I was chosen to hand pick my team amongst the Army Reservists listed in the reserve program because of my leadership abilities and skills relevant to program policy and operations, plans and reserve component integration. I was directed to immediately plan the transfer of these officers from their home bases to our newly established company for the humanitarian mission. I accomplished this task by providing the personnel section with the mission requirements and transfer justification documents which resulted in the mobiliz ation station in Fort Lee, Virginia, allowing these reservists to have a temporary change of station order assigned to them. Upon their arrival at the 961st home base, those with the relevant engineering backgrounds were immediately deployed to Panama for the completion of phase one. Phase I: Damage and Repair Assessment Phase I was one of the engineers on the advanced party team that went to Panama. While there, I collaborated with other team members regarding the painstaking plans for repair of the damaged schools, churches and hospitals. We came to realize that this was not going to be an easy task to accomplish but with a proper team work and cooperation from our immediate officers we could make a change in these people’s lives that they would never forget. Phase II: Mission Deployment By providing the Panamanian government with the necessary plans and concerns for the development and repair of their various infrastructures they were able to make proper representations wi th the U.S. Government through the U.S. Embassy in reference to the necessary materials and budgets in order to make the humanitarian effort a reality. The engineers of the 961st were immediately deployed to Panama the minute the mission deployment papers were finally