The Relationship Between an Employer and Employee Case Study

The Relationship Between an Employer and Employee - Case Study Example Through the contract, an employee gets to understand his or her duties, while the employer defines his conditions and terms for the job. In this case, there is no mention of a written contact, so it can only be assumed that June’s relationship to Westwood University Library, which is an employee-employer relationship, is based on an implied contract. The job advertisement also mentioned of the position being long term, which would be taken to mean permanent. However, from the case, it is clear that June works on a contractual basis, which is contrary to what she understood during her job application. It is also clear that June has sometimes had to work overtime, which is an issue that ought to have been highlighted in her agreement with her employer. Apart from the work contact, Westwood University Library’s policy on social networking requires employees to use their professional acumen while using social media, and also to be careful of their communications on twitter and face book, especially communication between Westwood’s employees and any other form of communication on these sites, that has the potential of being seen by Westwood employees. June however went ahead and posted a negative comment on face book regarding bosses, despite being aware that this would be seen by Malcolm, her immediate supervisor, since he is her face book friend. Malcolm, who is June’s immediate supervisor and also the human resource manager at Westwood University Library, has the habit of bullying June. This can be seen from several comments he has made such as â€Å"Can I expect you will start doing a good job now?†, when June got accepted at the university for a post graduate course. He was also once overheard saying that â€Å"June will never get a promotion while she hides behind a lens† and â€Å"Her belly dancing costume would be more appropriate than the clothes she wears to work†. From this, it is clear that Malcolm has the habit of criticizing June’s work and making negative comments regarding her style of dressing, and usually adding what he would prefer to see her wear. Relation between the Case and relevant Principles of Law The Australian law recognizes both written and implied contracts of employment. The terms and conditions which define the relationship existing between the employees and the employer are established through common law. June’s employment case did not mention of a written agreement between her and Westwood, but she undertook the responsibility, therefore probably on an implied contract. However, a contract of service can be established through the existing authority of command, control, chances of risk and profits, and ownership of tools in Westwood among others. There is a structured workplace agreement that places a higher authority and control on the employer to set other employment conditions beyond the National employment standard.1Here, the employee accepts t o perform specific work for his employer, availing his labor for use within the limits of the employer’s managerial privilege. In exchange, the employee is entitled to receive remuneration for the labor used. In reference to employers and employees relations, the employers are in a position to direct what work is to be done, the duration of working hours per day, take responsibility for financial risk, as well as employee’s superannuation and regular payment.2 June’s contract of employment stated that it was a long term position (an indefinite period). Her employer defined mandatory daytime hours of work and defined her duties to be within the administrative roles. She has an immediate supervisor least to mention other superior staffs, which defines the structure of