Podcast
Questions and Answers
What reason was given for Brad's dismissal?
What reason was given for Brad's dismissal?
- Disobeying company policy
- Failure to attend a meeting
- Persistent lateness (correct)
- Helping a colleague with deliveries
What does Brad intend to do following his dismissal?
What does Brad intend to do following his dismissal?
- Accept the dismissal without contesting
- Appeal to his trade union only
- Request a meeting with Kathy
- Bring a claim to the Work Place Relations Commission (correct)
Under the Employment Equality Act, what can Aine claim regarding her pay?
Under the Employment Equality Act, what can Aine claim regarding her pay?
- That she should be paid the same as Tom regardless of her job title (correct)
- That her different job title justifies a lower salary
- That pay differences must reflect differences in job duties
- That she is entitled to equal pay based solely on her tenure
What was the immediate action taken by Kathy after the disciplinary meeting?
What was the immediate action taken by Kathy after the disciplinary meeting?
What limitations were imposed on Brad during the disciplinary hearing?
What limitations were imposed on Brad during the disciplinary hearing?
What is Ben's main source of income at Karsales Ltd?
What is Ben's main source of income at Karsales Ltd?
What concern does Jane have regarding Ben's work habits?
What concern does Jane have regarding Ben's work habits?
What potential action has Jane threatened regarding her workplace situation?
What potential action has Jane threatened regarding her workplace situation?
What is the primary focus of Question 2 in the exam?
What is the primary focus of Question 2 in the exam?
Which of the following best describes Brad's employment situation?
Which of the following best describes Brad's employment situation?
Who supervises Brad in his position at Big Brands plc?
Who supervises Brad in his position at Big Brands plc?
What aspect of employment does Question 1 examine in relation to Ben?
What aspect of employment does Question 1 examine in relation to Ben?
How long has Ben been employed at Karsales Ltd?
How long has Ben been employed at Karsales Ltd?
Flashcards
Unfair Dismissal
Unfair Dismissal
Dismissal from employment without a valid reason or without following proper procedures, potentially allowing the employee to challenge the dismissal.
Fair Dismissal
Fair Dismissal
Dismissal from employment based on a legitimate reason, such as misconduct, redundancy, or capability issues, and following correct procedures.
Disciplinary Procedures
Disciplinary Procedures
A set of steps an employer must follow when addressing employee misconduct, including warnings, formal hearings, and potential disciplinary action.
Equal Pay
Equal Pay
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Equal Pay Claim
Equal Pay Claim
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Employment Status Tests
Employment Status Tests
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Gig Workers
Gig Workers
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Written Contract of Employment
Written Contract of Employment
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Workplace Relations Commission (WRC)
Workplace Relations Commission (WRC)
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Duties of Employer
Duties of Employer
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Duties of Employee
Duties of Employee
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Breach of Employment Law
Breach of Employment Law
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First Written Warning
First Written Warning
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Study Notes
Examination Details
- Date: 16/12/2022
- Time: 09:15 AM
- Venue: Main Hall, Cork Road
- Examiner (Internal): Ms. Anne Marie McGrath
- Examiner (External): Dr. Na Fu
- Duration: 2 hours
- Instructions: Answer three questions only. All questions carry equal marks.
Questions
Question 1
- 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.
Question 2
- 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.
Question 3
- 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.
Question 4
- 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.
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Description
This quiz focuses on critical aspects of employment law in Ireland, examining scenarios and case law. Participants will explore employer and employee duties, as well as the tests used to establish employment status. Prepare to advise on legal breaches in the workplace effectively.
