EMPLOYMENT AND INDUSTRIAL LAW

KEY SERVICES Human Resources provide key services including consultancy and advise to the university in the following areas: Employee relations and management Advisory service : conditions of employment, job design, job classification/remuneration, contract development, advice on change management and organizational structures and employee assistance program Recruitment : advertising, recording vacancies, selection, induction, and casual employment Probation and promotion for academic staff : administration and advice on procedures, including servicing of relevant committees Employee Benefit, payroll, salary packaging and superannuation : personnel record, payroll service including salary packaging and superannuation Occupational safety and health : general occupational safety and health, workers compensation and rehabilitation of injured workers Equal Opportunity : advice on equal opportunity and diversity issues including procedures for complaints HR Systems : provision of MyHR for leave booking and delivery of payroll information such as payslips, online reporting

CUSTOMER SERVICE VALUES Human resource is committed to providing high quality services in response to the needs of the University by : Treating all customers with courtesy, respect and fairness Maintaining the highest ethical standards of honesty Providing customers with accurate and timely answers to the queries Ensuring confidentiality of personal information

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DETERMINING A WORKERS EMPLOYMENT The determination of whether employer-employee relation exist between the parties is very important. For one, entitlement to labor standards benefits such as minimum wages, hours of work, overtime pay, etc., or to social benefits under laws such as social security law, workmens compensation law, etc., or to termination pay, or to unionism and other labor relations provisions under the labor code are largely dependent on the existence of employer-employee relationship between the parties. Another thing is that the existence of employer-employee relationship between the parties will determine whether the controversy should fall within the exclusive jurisdiction of labor agencies or not. If for example the parties are not employer-employee of each other, respectively, but perhaps partners or associates, than any dispute between them will be not be covered by the jurisdiction of labor agencies but by regular courts. There are three test commonly used to determined the existence of employer-employee relationship : Four fold test Economic reality test Two tiered test ( or multi-factor test )

FOUR FOLD TEST The usual test used to determined the existence of employer-employee relationship is the called four fold test. In applying this test, the following elements are generally considered : Right to hire or to selection and engagement of the employee. Payment of wages and salaries for services Power of dismissal or the power to impose disciplinary actions. Power to control the employee with respect to the means and methods by which the work to be accomplished. This is known as the right of control test. Right of control test is considered as the most important element in determining the existence of employment relation. The control test initially found application in the case of Viana vs AlLagadan and Piga, where the court held that there is an employer-employee relationship when the person for whom the service are performs reserves the right to control not only the end achieved but also the manner and means used to achieve that end. Control test thus refer to the
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employers power to control the employees conduct not only as to the result of the work to be done but also with respect to the means and methods by which the work is to be accomplished. In applying this test, it is the existence of the right, and not the actual exercise thereof, that is important.

ECONOMIC REALITY TEST In view of todays highly specialized workforce, the court are often face with situations where the right of control test alone can no longer adequately determine the existence of employeremployee relationship. Subsequently, another test has been devised to fill the gap, known as the economic reality test. In Sevilla vs Court of appeals, the court observed the need to consider the existing the economics conditions prevailing between the parties, in additions to the standards of right of control, to give a clearer picture in determining the existence of an employer-employee relationship based on an analysis of totality of economics circumstances of the worker. Economic Realities of the employment relations help provide a comprehensive analysis of the true classification of the individual, whether as employee, independent contractor, corporate officer or some other capacity. Under economic reality test, the benchmark in analyzing whether employment relation exist between the parties is the economic dependence of the worker on his employer. That is, whether the worker is dependent on the alleged employer for his continued employment in the latters line of business. Applying this test, if the putative employee is economically dependent on putative employer for his continued employment in the latters line of business, there is employer-employee relationship between them. Otherwise, there is none.

TWO TIERED TEST ( or MULTI-FACTOR TEST ) The economic reality test is not meant to replace the right of control test. Rather, these two test are often use in conjunction with each other to determine the existence of employment relationship between the parties. This is known as the two tiered test, or multi factor test. This two multi tiered test involves the following test : The putative employers power to control the employee with respect to the means and methods by which the work is to be accomplished ; and The underlying economics realities of the activity or relationship

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TABLE OF PENALTIES This applies to first offences of academic misconduct. Students who have a previous proven allegation against them should note that the minimum penalty for a second or subsequent substantiated allegation of academic misconduct shall be penalty 4. Penalty 1 : Reprimand, a formally recorded warning kept on the students record. Penalty 2 : Failure in item of assessed work, with resit right where permissible. A mark of Zero will be recorded for the item of assessed work. Penalty 3 : Failure in the module, without resit, right way a mark of zero will be recorded for The module. The student must register for the same or an register for the same or An alternative module. Penalty 4 : Failure in the module, without resit right where a mark of zero will be recorded For the module (the student must register for the same or an alternative module) And suspension for 1 semester commencing at the start of the next full semester Penalty 5 : Failure in the module, without resit right where a mark of zero will be recorded For the moduled (student must register for the same or an alternative module) And suspension for 2 semester commencing at the start of the next full semester Penalty 6 : Expulsion NB - module = module or equivalent

TEST AND COURSEWORK Type of academic misconduct 1. A reprimand will be issued where the panel substantiates academic misconduct and the seriousness of the mitigating factors justifies a reductions in the penalty from penalty level 2 to penalty 1. 2. Removing any script, paper, or other official stationery (whether) complete or not) from the examination room, unless specifically authorized by an invigilator or examiner. 3. Introduction or use of devices of any kind other than those specifically permitted in the rubric of the paper.
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Penalty to be imposed Penalty 1

Penalty 2

Penalty 2

4.

Communicating with another student or with any third party other than invigilatator/examiner during an examination or test.

Penalty 2

5.

During an examination or test, copying or attempting to copy the work or another student, whether by overlooking his or her work, asking hom or her for information, or by any other means.

Penalty 3

6.

Possession of crib sheets, revision notes etc at any time during an examination or test.

Penalty 4

7.

Making available work to another student, either intentionally or as a result of negligence that can be presented as another students

Penalty 2

8.

Representation of work produced in collaboration with another person or persons as the work of a single student. Taking without permission another students work and submitting it as the students own work

Penalty 2

9.

Penalty 4

10. Being party to any other arrangement that would constitute a Penalty breach of these Procedures. correspond to

will the

nature of the offence and will be in with

accordance penalties outlined. 11. Attempting to persuade another member of the university (student, staff or invigilator) to participate in actions which would breach these procedure. 12. Being party to any arrangement whereby a person other than the candidate represents, or intends to represent, the candidate in an examination or test. 13. Taking into an examination a pre-written examination script for submission and exchanging it for a blank examination script. 14. Obtaining access to an unseen examination or test prior to the start of an examination/test. Penalty 6 Penalty 5 Penalty 5 Penalty 5

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TYPE OF MISCONDUCT The definition of academic misconduct is broad. It covers practices such as cheating, copying and using another persons work without appropriate acknowledgement. Furthermore, practices that may be acceptable in other situations can be considered to be misconduct according to current academic usage within a university. The following are examples of academic misconduct which have resulted in students being found guilty of academic misconduct in recent years : 1. Misconduct concerning examinations : Having a mobile phone into an examination and not placing it under the seat Taking unauthorized material into an examination Seeking unfair advantage Exchanging notes or talking to another student in an examination Removing an examination paper from an examination room when it is specified that the paper is not to be retained by student. Disrupting an examination in any way Copying answers from another person or permitting another student to copy answer in an examination. Impersonating student in an examination or arranging for another to impersonate the student. The Universitys rules for the conduct relating to examination state that no materials are to be brought into the examination room except those specified in the examination timetable. The following are examples of material which would be regarded as unauthorized if not specified as being permitted in the examination : A bag, blank paper, a book or other printed material, handwritten notes A mobile phone that is not switch off and placed under the desk Writing on the hand or any other part of the body Writing on a ruler, eraser or any other instrument

2. Misconduct concerning academics works : Plagiarism is the presentation of the thought of work of another as ones own. Acts of plagiarism include copying parts of document without acknowledging and providing the source for each quotation or piece of borrowed material. The rules against plagiarism
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apply regardless of the source of the work used, whether printed, stored on a compact disc or other medium, found on the internet. The basic principles are that a student may not attempt to pass of the work of another person as his/her own, and it should be possible for a reader to check the information and ideas that have been used by going to the original source material. Acknowledgement should be sufficiently accurate to enable the source to be located speedily. Similarly, using or extracting another persons concepts, experimental result or conclusions, summarizing another person work or , where there is collaborative preparatory work , submitting substantially the same final version of any material as another student constitutes plagiarism. Plagiarism is not always intentional, and students should make themselves aware of accepted referencing practice. Examples of plagiarism include : Direct duplication of the though or work of another including by copying work, or knowing permitting it to be copied. Quotation without the use of quotation marks. Paraphrasing another person work with very minor change keeping the meaning, form and/or progression of ideas of the original Citing sources which have not been read, without acknowledging the secondary source from which knowledge of them has been obtained. Piecing together sections of the work of others into a new whole Presenting an assessment item as independent work when it has been produced in whole of part in collusion with other people, for example another student or tutor Claiming kredit for a proportion of work contributed to a group assessment item that is greater than that actually contributed. Using another persons ideas or words in an oral presentation without crediting the sources. The inclusion of the thoughts or work of another with attribution appropriate to the academic diciplinedoes not amount to plagiarism. Misconduct also includes paying another person to perform an academic task, stealing another persons academic work to assist you, offering to complete another persons work or seeking payment for completing academic work.
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3. Misconduct through misrepresentation Submitting a falsified medical certificated to gain an academic advantage Submitting a falsified academic transcript of any other falsified document to gain an academic advantage.

4. Misconduct through disrupting the teaching and or learning environment of other students. Disruptive behavior in classes or lectures Disruptive behavior in University facilities such as the library or computer laboratories Disruptive behavior on fieldtrips, practicum, or other of campus learning activities

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STUDENT MISCONDUCT PROCEDURE FLOW CHART

Investigation/decision under the decentralized procedures

Allegation is made

Appeal to PVC against a decisions made under the decentralised process Appoint appropriate officer to conduct preliminary inquiries and make recommendations to PVC

Allegation of student misconduct referred to PVC by staff member of student : Level 3 Plagiarism allegations referred to Pro Vice Chancellor (Students)

PVC considers the information obtained during the preliminary inquiries

Summarily dismiss the allegation

Determine that the findings and accompanying penalty/ies should apply

End of process Right of Appeals to DVC (A)

Determine findings and penalty/ies Accept decisions Summarily dismiss the allegation Advise of external right of appeal, complaint or review.

End of process

End of process

Ends of process

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