Employment Law Analysis for Ireland Exam

Study Notes

Scenario: Ben, a car sales person at Karsales Ltd, works long hours, often late into the night and early in the morning, without a written employment contract.
Issue: Ben's manager, Honest Joe, is concerned about Jane's threat to report Karsales Ltd to the Work Place Relations Commission due to Ben's conduct.
Task: Advise Honest Joe on potential employment law breaches, explaining the duties of the employer and employee.

Part (a): Critically analyze, using case law, the tests employed to establish employment status in Ireland.
Part (b): Briefly explain, referencing case law, the Irish courts' perspective on the employment status of gig workers.

Scenario: Brad, a bakery employee at Big Brands plc, received a written warning for lateness and was subsequently dismissed.
Issue: Brad contested the dismissal.
Task:
- Discuss Brad's behavior and advise if it justifies fair dismissal under the Unfair Dismissal Act 1977-2015.
- Outline the appropriate disciplinary steps Kathy (Brad's supervisor) should have taken.
- Support arguments with relevant case law.

Scenario: Aine, a new sales manager, discovered a pay discrepancy (€80,000 vs €60,000) between herself and a retired marketing manager, Tom.
Issue: Aine believes she performs similar duties to Tom and seeks advice on pursuing an equal pay claim under the Employment Equality Act 1998-2015.
Task: Explain the provisions of the Employment Equality Act 1998-2015 regarding equal pay and advise whether Aine can pursue a claim, backing your response with relevant case law.