| SCHOOL OF BUSINESS ASSIGNMENT ONE |
Term 2, 2020
MG6.05 Employment Relations
| DUE DATE: | THURSDAY 4 JUNE 2020 |
| TIME: | 4:00pm |
| Weighting: | 30% OF FINAL GRADE |
| Total Marks: | 100 |
Instructions
This is an individual assignment intended to assess your research skills and ability to concisely summarise complex information. Your task is to write two essays on the assigned questions.
Your total assignment should be no longer than 2,500 words (excluding references). Remember to use APA referencing for all non-legal sources and correct statutory and case citations for all legal sources. Submit your assignment before the due time through Turnitin on the EIT Online page.
The School of Business has a policy of no late assignments. However, an assignment handed in up to 24 hours late will be marked. A deduction of 20% of the total marks available will be made. Any assignments received more than 24 hours late will not be marked but can be used as evidence of completing terms.
A: Historical Development 50 Marks
The history of employment relations in New Zealand is conventionally divided into three eras or stages, coinciding with major changes to the employment legislation of the time. The first stage ran from the adoption of the Industrial Conciliation and Arbitration Act 1894 until the adoption of the Employment Contracts Act 1991. The second stage ended with the replacement of the Employment Contracts Act 1991 by the Employment Relations Act 2000, with the third stage running from then to the present day.
Describe and explain how shifting ideological views and changes to the economic environment shaped the changes in New Zealand’s employment relations legislation from 1894 to the present day. In your answer you should cover each of the three systems used in New Zealand in that time and highlight the key ideological and environmental shifts that led to the adoption of each new system.
B: EMPLOYEE OR CONTRACTOR 50 Marks
In Bryson v Three Foot Six Limited (2005) 7 NZELC 97,866 the Supreme Court had to consider how to determine whether a person is an employee or a contractor. However, instead of comprehensively laying out a framework for resolving the issue, the Court merely said the Employment Court had been correct and reversed the decision of the Court of Appeal.
Describe and explain the legislative and case law developments in this area since the Bryson decision. How has the law developed since then? Why did the law develop in this way?
| Part A | Excellent 76-100% | Very Good 51-75% | Good 26-50% | Poor 1-25% | Not evident 0.01% |
| Research and Referencing 15 marks | Wide range of sources used, good understanding of the sources. All sources correctly referenced in APA form. | A good range of sources, but not all used appropriately or too reliant on just a few sources. Nearly all sources correctly referenced in APA form. | Only a few sources used, or inappropriately used. Most sources correctly referenced in APA form. | Only one or two sources used, not well understood. Sources not correctly referenced in APA form. | No research evident |
| Relevance 10 marks | All parts relevant to the topic and all aspects of the topic covered | Nearly all parts relevant to the topic and nearly all aspects of the topic covered | Some irrelevant parts or some missing aspects, but assignment adequately covers most parts | Some aspects covered, but major gaps or much of the assignment irrelevant. | Major aspects missing/irrelevant parts |
| Ideologies 10 marks | Dominant ideologies identified and their influence on legislation clearly explained across all three ages. | Influence of ideologies across the ages explained, but some gaps in coverage or minor mistakes. | Influence of ideologies across the ages mentioned, but major gaps in coverage or major mistakes. | Ideologies mentioned, but in a confused way and not linked to the developments in employment legislation over time. | No real effort made to mention ideologies. |
| Environment 10 marks | Influence of the wider environment on the development of employment law clearly and accurately explained across all three ages. | Influence of the wider environment on the development of employment law explained across all three ages, but some gaps in coverage or mistakes in description. | Broad effects of the environmental influence on legislation mentioned, but major gaps in coverage. | Some attempt to explain the environmental effects on legislation. | Poor description, fundamental flaws in covering the topic. No analysis. |
| Writing 5 marks | Very well written, no distracting errors. | Well written, but some errors. | Reasonably well written with several errors. | Poorly written with a large number of errors. | Very poorly written, difficult to comprehend, many errors. |
| Part B | Excellent 76-100% | Very Good 51-75% | Good 26-50% | Poor 1-25% | Not evident 0.01% |
| Research and Referencing 15 marks | Wide range of sources used, good understanding of the sources. All sources correctly referenced in APA form. | A good range of sources, but not all used appropriately or too reliant on just a few sources. Nearly all sources correctly referenced in APA form. | Only a few sources used, or inappropriately used. Most sources correctly referenced in APA form. | Only one or two sources used, not well understood. Sources not correctly referenced in APA form. | No research evident |
| Relevance 10 marks | All parts relevant to the topic and all aspects of the topic covered | Nearly all parts relevant to the topic and nearly all aspects of the topic covered | Some irrelevant parts or some missing aspects, but assignment adequately covers most parts | Some aspects covered, but major gaps or much of the assignment irrelevant. | Major aspects missing/irrelevant parts |
| Legislation 10 marks | Legislative aspects clearly explained with accurate summary of the changes and their significance. | Legislation explained, but some gaps in coverage or minor mistakes. | Legislation mentioned, but major gaps in coverage or major mistakes. | Legislation mentioned, but in a confused way and not linked to the developments in employment legislation over time. | No real effort made to mention legislation. |
| Case Law 10 marks | All significant cases in the area clearly and accurately explained and a convincing overall explanation of those cases effect on the development of the law included. | Most significant cases in the area explained and an overall explanation of those cases effect on the development of the law included. | Some significant cases in the area explained and some explanation of those cases effect on the development of the law included. | Some cases in the area mentioned and little or poor explanation of those cases effect on the development of the law included. | No real attempt to engage with subsequent cases. |
| Referencing 5 marks | Very well written, no distracting errors. | Well written, but some errors. | Reasonably well written with several errors. | Poorly written with a large number of errors. | Very poorly written, difficult to comprehend, many errors. |
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