Employment Law--Case Report Part2 Case Study Example | Topics and Well Written Essays - 3000 words

betrothal Law-- Report Part2 - Case Study ExampleIn roughly countries (such as Canada), employment laws related to unionised workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. The labour movement has been instrumental in the enacting of laws protecting labour rights in the nineteenth and 20th centuries. 1In this case the EAT held that nurses providing a telephone service from their own homes at night were working throughout the night, even though they were able to do as they wished and might be asleep between telephone calls.The employees provided emergency nursing cover for nursing homes through a troth service that was staffed by qualified nurses 24 hours a day. During the day the service was provided from various offices but at night it was provided by nurses working from their homes.The upcountry Revenue NMW Compliance aggroup served an enforcement notice on the employer. The Employment Tribun al considered that there was essentially no difference between the day workers and the night workers, except that the night workers worked from home. The Tribunal therefore concluded that the nurses were working for the whole of their night monger.The EAT upheld the decision of the Tribunal. ... ies approached their mutual debt instruments and the room remuneration was calculated and the extent to which the period during which work was performed was ascertainable. The fact that the nurses were remunerated according to a shift system illustrated the nature of the obligation, since the employer would not be expected to pay them for beat when they were not working. The EAT considered that the nurses moorage was different from that of other home workers because they could not choose the periods of time during the night when they answered the telephone calls. The continuing obligation to hold themselves ready to answer the telephone throughout the night was an important element in c onsidering which periods of time constituted work. The main issue was what was to be regarded as their actual work. The EAT emphasised that the designate is to look at all the facts of the case, rather than trying to apply a general rule or categorise the nature of the work involved. 01Further more detailed description of type and work of matter Minimum Wage Compliance Team is as FollowsThe National Minimum Wage Compliance Team is an arm of the Inland Revenuecharged with the task of enforcing the minimum wage with extensive powers to bring infringing employers to the Tribunal. It has had a remarkable track record of success with well selected and well prepared cases. The result is greater compliancy with the NMW, more money for workers and more tax and NI revenue for the Treasury.British Nursing Association -v- Inland Revenue ( National Minimum Wage Compliance Team ) concerned workers who operated a telephone conflict service for a bank nurse agency. During the day the service wa s conducted from the employers premises, but the night shift worked from their homes. The calls