Employment Law Concepts : Analyzing the Relationship between Bob and the RSL Club

In this issue we will discuss about employment law and below are the summaries point:- The issue is determining whether Bob is a contractor or an employee of the company. The relationship between employer and employee is based on the contract of service, which involves appointing someone as an employee and offering services to the employer. Factors that determine the contract of employment include economic consideration, rights of elements of manufacture, and control. Bob was initially employed by the RSL club as a part-time worker and was later asked to arrange for an ABN and invoice his work, but his role remained the same and was supervised by the club. Based on the control test, recruitment and termination depending on the club, the club providing the working place and materials, and no share in profit or liability for risk of loss, Bob is considered an employee of the company. Therefore, it is concluded that Bob is an employee of the RSL club.

Employment law concepts

Table of Contents
Part 1................................................................................................................................................3
Issue.............................................................................................................................................3
Legal principles...........................................................................................................................3
Application of principles to the fact............................................................................................3
Conclusion...................................................................................................................................4
Part 2................................................................................................................................................4
Issues............................................................................................................................................4
Legal principal.............................................................................................................................4
Application of principal of facts..................................................................................................5
Conclusion...................................................................................................................................6
References........................................................................................................................................7

PART 1
Issue
The issue is related to the determination of Bob, whether he is considered as a contractor or an
employee of the company.
Legal principles
The relationship between the employer and employee is based on the contract of service, in
which one person appoints the other person as an employee, and other people offer the services
to the employer. For this case of Temasek Polytechnic and another v, Poh Peng Ghee and others
(Attorney-General, intervener)1 can be considered.
There are some factors which are taken into account for determining the contract of employment
such as economic consideration, rights of elements of manufacture, and control. The economic
consideration is related share in the profit or obligation of any risk of loss. It is the manner in
which remuneration is determined in against of the work carried out are for the employer on their
own account2. Further, the rights of elements of a manufacturer are based on the criteria of who
has the right to offer the equipment and other machinery, along with the materials consumer and
working place. Moreover, under the control factor, several aspects are considered such as who
has the right of the selection, termination of the person, the manner of payment of salary,
accountability of the activity, the determination of the method of manufacturing, schedule and
process of manufacturing.
On the other hand, the contract for service is related with the independent contractor, who carried
the activity on his own account. All the above factors assist in determining whether the employee
is considered as the contract of service or the contract for service.
Application of principles to the fact
In the given study, Bob was employed by the RSL club as a part-time worker in 2009. Further,
the club decided that bar work was going to be done by the contractors. Bob was requested to
1 [2018] SGHC 212
2 Van der Waarden, Natalie. Understanding employment law: Concepts and cases 3rd editon. LexisNexis
Butterworths, 2014.

arrange for an ABN and put invoice for his work. Further Club supervised the Bob activity, and
the role of Bob is same as the earlier employee except invoicing for work.
On the basis of the above provision, there is some test by which it can be determined that Bob is
considered as an employee or the contractor. On the basis of the control test, it has been seen that
recruitment and termination depend on the RSL club, and the club itself is responsible for the
provision of the work. Along with this, the working place and materials are also provided by the
club, and there is no liability for risk of loss and share in the profit of the Bob. He is employed
by the club as an employee, and it is also given that the Club supervised the work carried out by
the Bob.
Conclusion
Bob has not carried the activity on his own account, and the work is reviewed by the club,
therefore by considering the relevant aspects of the studies it has been concluded that the Bob is
considered as the employee of the company.
PART 2
Issues
The issue is connected with if the Bob is as an employee, then the contract of employment is
affected by the policies of the club.
Legal principal
In Singapore, the relationship between the employer and employee in the organization is
regulated by The Employment Act 1968. The main objective of this Act is to set the good
employment principles of the organization along with the protection of the working environment
of the employee. From the initial appointment of the employee until the termination, the
provision of the act is applicable. Same is described in the case of Hasan Shofiqul v China Civil
(Singapore) Pte Ltd3.
It is applicable to all employees whether he/she is a part-time or full-time worker. The
employment contract is an important document of the company, which ascertains the relationship
between the employer and employee. Generally, at the time of joining, the employer of the
3 [2018] SGHC 128

company provides the employer about the policies of the workplace in which the expected
behaviour and procedure at the workplace are defined, and it leads to the contract between the
employer and employee4. However, the contract of employment must be according to the
provision of the Employment Act. One of the provisions with this aspect is related to the
termination of the employee. In case if the employee is guilty of misconduct, then an inquiry
must be held on the related issue, and on this basis, the employee can be terminated.
Application of principal of facts
In the given study it has been seen that the Bob is considered as an employee of the company.
Further, the provision of the Employment Act 1968 is applicable to the Bob also even if he is the
part-time employee of the company. The contract of employment defined the relationship
between Bob and the club. With this aspect, the club has its own policies and procedures, and it
includes the code of conduct.
During the course of business, the co-worker of the Bob claimed that he had been subjected to a
sexually inappropriate comment from the Bob. In the employee handbook, such type of
behaviour is considered as the Bullying and harassment. However, Bob claimed that he did not
make such type of comment.
All the provision stated in the employee handbook affect the contract of employment of the Bob.
In this situation, the club should hold an inquiry related to the matter and gave the opportunity to
the employee to present his case. Along with this, the club must ensure that a person hearing the
inquiry must be fair. It does not make any impact that the requirement of the code of conduct is
not understood by the Bob, because he had accepted the job and there is legally binding contract
of employment between the employer and employee.
Conclusion
On the basis of the above analysis, it has been concluded that the policies of the company impact
the contract of employment. Moreover, on the basis of the misconduct, the Bob can be removed
from the club, but the same must be supported by proper enquiry.
4 Van der Waarden, Natalie. Understanding employment law: Concepts and cases 3rd editon. LexisNexis
Butterworths, 2014.

REFERENCES
Van der Waarden, Natalie. Understanding employment law: Concepts and cases 3rd edition.
LexisNexis Butterworths, 2014.