Legal Issues in Human Rights Employment Law (LEGL 312)

This assignment analyzes human rights and employment law problems, focusing on the Gina and Barry cases. It explores employee rights, employer responsibilities, and workers' compensation, referencing relevant legal principles and secondary sources. The analysis covers issues such as workplace injuries, contractual obligations, and termination of employment, along with the importance of reporting incidents and filing claims. The assignment also examines the Independent Contractor Act, non-performance of duties, and long-service leave, providing insights into how industrial courts apply laws in different situations. The conclusion highlights the complexities of industrial law and the treatment of independent contractors in compensation claims.

Running Head: INDUSTRIAL LAW
Human rights and industrial law
Name
Institution
Course
Date

INDUSTRIAL LAW
Introduction
Human rights are an essential aspect of life since it explained the obligation
and legal terms of employees, employers, and how people should behave within
society. Employment law encapsulates responsibilities as well as the role which must
be exercised during interaction and employment relationship. Additionally, employers
are informed concerning their duties to take care of employees involved in a contract
agreement. Therefore, the research aims to review human right employment law
problem and application of the law on the legal issues which arise in different
situations.
Gina case
The employee has the right and responsibilities within the workplace.
Therefore, the rights and obligations are legal and ethical in every workplace. Any
employee who is injured within the workplace is entitled to be cared for by the
contractor company. Employers in a different state are required to provide their
employees with a safe and healthy working environment.
Legal principal
In order to know whether the employee has the right in the working place, the
following principle must be put into consideration;
1. The employee has the right to be given free time off duty to care for their
family.
2. Employees have the right to strictly stick to the duty which they are assigned
to do under the contract.
Importantly, workers who are injured in the site due to negligence of employers are
guaranteed free support and medication.

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The importance of reporting the incidence is to respective people is to enable the
employee to have the right to file a claim for injuries or illness they got within the
working site. Additionally, presenting the case within the court also helps employees
to have the right to seek medical treatment and only return to work when they have
fully recovered.
Consequently, some of the injuries within the working site might be caused by
the negligence of third parties. If the employee involved in the accident, which is
caused by the negligence of the driver, delivery track, and other pronoun injuries, it is
advisable for one to file their case through civil lawsuit through states of the federal
court. In other words, a civil lawsuit for work-related issues primarily seeks additional
personal injuries incurred, which cannot be retrieved in a working compensation
claim. The injured patient under this category is entailed to benefits from another
worker's compensation claim to reimburse for their medical expense.
Contrarily, compensation claims can sometimes be declined due to several
reasons. One of the reasons why compensation claims might be impossible is due to
that mobile workers are perceived to be independent; thus, the company may not fully
commit themselves when they sustained injuries within site. In other words, mobile
workers are always free to look for other related jobs during their part-time, which
full-time employees are not allowed to do so.
Lastly, independent or mobile workers' compensation claims can be declined
because they are considered as subcontracting within the work. According to the
Independent Contractor Act 2009, it is only independent contractors who are bound
by law to sub-contract work and delegate it to other people.
Barry case #1

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Workers’ rights may be violated in many ways; one way is through subjection
to do multiple tasks within site. However, in the case of contractual language, which
allows the employer to modify responsibilities, the employee is entitled to refuse to
perform the task that is outside the agreement. This is one way in which an employee
can escape bullying accorded to them by employers.
Legal principle
In order to know some of the constitutional rights of an employee, one needs to
understand that;
1. The employee has the right to be taken care of that’s when they are on duty or
off duty
2. The employee has the right to be treated fairly within the working place
Some theories and research articles about the employees within the workplace
indicate that an employee who got injuries in the workplace and eventually long to
return to work after a pre-accident job may have problems.
The validity of the above information is real based on the fact that some
problems may arise in an incident where workers and the compensation team may act
to deny the victim their right. Majority of part-time workers who did not sign contract
agreement showing terms and conditions of the agreement between the organization
and them may fail to act, especially when they are subjected to injuries (Yates &
Richard, p.90). A written document on the contact basis help disputes the claim which
might arise between the employer and employees.
The choice to ruin relationships or the contract requires non-performance, and
it is considered to be fundamental. However, this sort of non-performance is irrelevant
because it relates to a failure by a party to perform its obligations under the contract.
This broad scope includes defective and late performance.

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Barry case #2
There many ways in which someone contract can be terminated within the
ninety days of the non-performances. For instance, a situation where the employee
fails to perform its duty, which she or has been assigned to do, then their contract can
be terminated. Additionally, the company may decide to terminate the agreement of
the employee due to consideration of the future performance of the company.
However, a company may end the contract of the employee due to inconsistencies in
the performance of the employer.
Legal principle
In order to know how the termination of the contract of an employee to some extent is
necessary; the following factors will be considered;
1. It is essential when the employee breaches the ethic code of conduct of the
company
2. It can be regarded as when the worker is incompetent
According to Simons (2017, p68), the idea of commitment where one party is not
performing may likewise be pertinent in deciding whether the non-execution is
essential. For example, at the point of a warning, a letter of consistency in the
agreement is of the substance. The non-performing individual should be given more
time or training rather than firing them without notice.
Barry case #3
Based on the standard code period of the employment, 56(f) indicates that an
employee is entitled to long service leave to their additional vacation after an
extended period of service (Daniels, 2016, p.568). Based on the labor work relations
law shows that an employee who remains with one year for ten years is guaranteed to
three calendar months and paid less on a pro-rata basis, at lengthy, they stay with the

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employer. However, when an employee stops work with an employer, she is also
guaranteed to be paid the amount of extended service leave. Based on the court of
arbitration illustrates that entitlement is not taken on termination on a pro-rata basis,
even after minimum periods of services.
Conclusion
The essay summarizes how the administration of the law cases are
complicated because there are no precise specifications regarding how industrial
courts applied laws in different situations. The article discussed instances when and
how compensation claims could be a benefit to offenders in different ways. It also
summarizes how the standard code period of employment of long-term service is
treated in terms of issuing vocation. Based on the summary above about the
compensation claim, it is clear that industrial courts give less opinion and verdict to
independent contractors.
.

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References
Daniels, S. (2016). Corporate Manslaughter in the Maritime and Aviation Industries.
Informa Law from Routledge.
Simons, K. W. (2017). Victim Fault and Victim Strict Responsibility in Anglo-
American Tort Law. Journal of Tort Law, 8(1-2), 29-66.
Yates, Richard et al, Business Law in Canada, Fifth Custom Edition for MacEwan
University (10th ed., 2013) Toronto, ON: Pearson Education Canada Inc.