Podcast
Questions and Answers
What is one of the requirements regarding breaks under the Organisation of Working Act 1997-2017?
What is one of the requirements regarding breaks under the Organisation of Working Act 1997-2017?
What is an important provision included in the Minimum Wage Act?
What is an important provision included in the Minimum Wage Act?
Which duty is NOT enforced on employers concerning employee breaks?
Which duty is NOT enforced on employers concerning employee breaks?
What does the Code of Practice on the right to disconnect emphasize for employers?
What does the Code of Practice on the right to disconnect emphasize for employers?
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What can be a consequence for employers failing to comply with the Sunday premium wage requirement?
What can be a consequence for employers failing to comply with the Sunday premium wage requirement?
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What is one duty of employees regarding legislative requirements?
What is one duty of employees regarding legislative requirements?
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What does the Control test aim to assess in employment law?
What does the Control test aim to assess in employment law?
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How does the concept of 'gig economy' relate to worker classification?
How does the concept of 'gig economy' relate to worker classification?
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Under the Unfair Dismissal Act, which ground is NOT considered for fair dismissal?
Under the Unfair Dismissal Act, which ground is NOT considered for fair dismissal?
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What is an example of gross misconduct that could lead to dismissal?
What is an example of gross misconduct that could lead to dismissal?
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Which section of the Employment Equality Act specifically addresses Equal Pay?
Which section of the Employment Equality Act specifically addresses Equal Pay?
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What is essential for procedures to be considered fair during disciplinary actions?
What is essential for procedures to be considered fair during disciplinary actions?
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In the context of misconduct, what differentiates minor misconduct from gross misconduct?
In the context of misconduct, what differentiates minor misconduct from gross misconduct?
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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
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(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.
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(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.
