Principles of Employment Law - Semester 1 2022/2023
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Questions and Answers

What is one of the requirements regarding breaks under the Organisation of Working Act 1997-2017?

  • Employees must have a daily break requirement. (correct)
  • Employees are entitled to be paid during breaks.
  • Employees must take a break after every hour of work.
  • Employees should receive breaks based on their workload.
  • What is an important provision included in the Minimum Wage Act?

  • It imposes fines for non-compliance.
  • It requires employers to provide daily breaks.
  • It mandates the right to disconnect.
  • It outlines how to calculate wages. (correct)
  • Which duty is NOT enforced on employers concerning employee breaks?

  • Scheduled break enforcement.
  • Paying premium wages for Sunday work.
  • Enforcing regular breaks based on workload. (correct)
  • Time managing employee schedules.
  • What does the Code of Practice on the right to disconnect emphasize for employers?

    <p>Policy development and training on disconnection. (A)</p> Signup and view all the answers

    What can be a consequence for employers failing to comply with the Sunday premium wage requirement?

    <p>Potential legal actions and fines. (B)</p> Signup and view all the answers

    What is one duty of employees regarding legislative requirements?

    <p>To follow the guidance of the legislation (C)</p> Signup and view all the answers

    What does the Control test aim to assess in employment law?

    <p>The degree of supervision and direction over work (B)</p> Signup and view all the answers

    How does the concept of 'gig economy' relate to worker classification?

    <p>The classification can vary based on case law decisions (A)</p> Signup and view all the answers

    Under the Unfair Dismissal Act, which ground is NOT considered for fair dismissal?

    <p>Personal disputes (C)</p> Signup and view all the answers

    What is an example of gross misconduct that could lead to dismissal?

    <p>Theft of company property (B)</p> Signup and view all the answers

    Which section of the Employment Equality Act specifically addresses Equal Pay?

    <p>Section 19 (D)</p> Signup and view all the answers

    What is essential for procedures to be considered fair during disciplinary actions?

    <p>Compliance with the Code of Practice on Disciplinary Procedures (A)</p> Signup and view all the answers

    In the context of misconduct, what differentiates minor misconduct from gross misconduct?

    <p>Severity of the behavior (C)</p> Signup and view all the answers

    Flashcards

    Organisation of Working Time Act

    This Irish law sets out rules about working hours, breaks, and rest periods for employees. It aims to ensure a healthy work-life balance and prevent employee burnout.

    Daily Breaks

    Employees are legally entitled to a minimum break of 30 minutes for every 6 hours of work. This break should be uninterrupted and taken during the workday.

    Weekly Breaks

    Employees must receive one full day of rest each week. This means having a consecutive 24-hour period where work is prohibited.

    Sunday Premium

    This refers to an additional payment made to employees who work on Sundays. The amount of the premium is set out in law and varies depending on the type of work.

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    Code of Practice on the Right to Disconnect

    The Code sets out guidelines for employers on how to manage employees' right to disconnect from work outside of working hours. This means preventing emails and calls after work hours.

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    Duty of Employees

    Employees have a legal obligation to comply with legislation, including following guidance and managing their work hours.

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    Control Test

    This test assesses whether the employer has the right to control how, when, and where the worker performs their job.

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    Integration Test

    This test examines how integrated the worker is into the employer's organization, including their level of dependency and contributions.

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    Enterprise Test

    This test looks at whether the worker's work is considered part of the employer's core business activities.

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    Reality Test

    This test considers the actual working relationship between the employer and worker, including their interaction and daily practices.

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    Gig Economy

    A labor market characterized by short-term contracts, freelance work, and on-demand services, often through digital platforms.

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    Fair Dismissal Grounds

    The Unfair Dismissal Act outlines specific reasons for dismissing an employee that may be considered fair, such as misconduct, incompetence, or capability issues.

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    Disciplinary Procedures in Ireland

    The Code of Practice on Disciplinary Procedures in Ireland outlines the steps employers should take when disciplining employees, including investigation, hearing, and appeal processes.

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    Study Notes

    Principles of Employment Law - Semester 1 2022/2023

    • Q1: Students should identify legislation covered: Organisation of Working Act 1997-2017, including daily and weekly breaks, 48-hour average working week, and Sunday premium, and the Min Wage Act (including wage calculation). Students should analyze this legislation in relation to a scenario involving employees Ben and Jane, identifying employer duties (time management, scheduling/enforcing breaks, premium pay, code policies/training on right to disconnect), and employee duties (following guidance, managing their own work hours compliant).

    Q2

    • (a): Identify four tests for determining employment status (control, integration, enterprise, reality) and apply them to a situation.

    Q3

    • (a): Outline grounds for fair dismissal under the Unfair Dismissal Act (conduct, competence, capability). Analyze a specific case involving employee Brad's behavior (timekeeping, misconduct). Distinguish between minor and gross misconduct, and assess potential disciplinary actions. Explain the procedural requirements detailed in Disciplinary Procedures (SI 146/2000) and the Industrial Relations Act 2000, relating to gross or minor misconduct and refer to relevant case law.

    • (b): Explain procedures for fair disciplinary proceedings as per the Code of Practice on Disciplinary Procedures, discussing actions appropriate for gross or minor misconduct breaches. Relate discussions to relevant case law.

    Q4

    • (a): Discuss Employment Equality Act requirements, focusing on equal pay (Sections 19 and 29). Explain remuneration under this act and concept of similar/same/work of equal value, relating to relevant case law.

    Additional Requirements (Q1, Q3, Q4)

    • Q1: Critically analyze each piece of legislation in relation to the scenario involving Ben and Jane.
    • Q3: Examine the specific behavior (timekeeping) of employee Brad, and whether it's categorized as minor or gross misconduct, and analyze the case law to support decisions. Explain actions based on the related case law.
    • Q4: Discuss all the act's requirements, provide the legal concepts and supporting case law for equal pay and remuneration, and refer to specific provisions (Section 7)

    Case Law

    • Refer to relevant case law to support and critically evaluate answers for all questions.

    Q3(b)— Fair Procedures:

    • Refer to relevant case law to explain procedures for fair disciplinary practice, with respect to the disciplinary actions based on the answer to (a).

    Q4 (Overall)

    • Students need to give a clear discussion of how the relevant requirements for equal pay in the context of the Employment Equality Act 1997-2007 apply, taking into account all the referenced sections and case law.
    • Discuss the elements of remuneration, similar work/work of equal value, and provide relevant case law examples.

    Additional Questions (Page 3)

    • Q (Page 3): Aine needs to prove a comparator, establish if Tom is a suitable comparator, examine the process for bringing a claim to the WRC (Workplace Relations Commission), outline necessary documents. Refer to relevant case law.

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    Description

    Test your knowledge on key employment laws covered this semester, including the Organisation of Working Act and the Minimum Wage Act. Analyze various scenarios related to employee duties and fair dismissal grounds. Ensure you understand the implications of legislation on both employers and employees.

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