Principles of Employment Law S1 2022-2023 Past Paper PDF

Module: Marking Scheme Examiner(s): Anne Marie Principles of Employment Law McGrath Semester 1 2022/2023 Question Marks No Sec...

Module: Marking Scheme Examiner(s): Anne Marie Principles of Employment Law McGrath Semester 1 2022/2023 Question Marks No Section Students should: Section Total Q1 Student should identify the legislation covered Organisation of Working Act 1997-2017 10 30  Breaks- Daily requirements  Breaks –Weekly  48 Hour average working week  Sunday premium Min Wage Act – Calculation of wages 10 Code of Practice on the right to Disconnect The student should discuss each piece of legislation and apply to Ben and Jane. 10 Identify the employer has the duty to (a) Time manage (b) Schedule and enforce breaks (c) Pay premium (d) Code, policies and training on the code of practice on righ to disconnect. (e) Appropriate sanctions if employees to not co-operate with the legislative requirements Identify the duty of employees (a) To follow the guidance of the legislation (b) Take breaks and manage their own work hours to be compliant Q2 (a) Identify the four tests 30 (i) Control (ii) Integration (iii) Enterprise (iv) Reality  Explain each test Critically evaluate each test Refer to case law in critically examining each test (b) Define gig economy- Refer to UK case law 10 Uber case Refer to Irish Case Dominoes Delivery Clarify the Irish position of employee/ contractor no worker term Q3 (a) Outline the grounds under section 6 of the Unfair Dismissal Act 1977-2007 where dismissal may be fair. 15 (i) Conduct, (ii) Competence (iii) Capability Discuss Brad’s behaviour under the heading of misconduct- Timekeeping, Student should refer to minor misconduct and Gross misconduct and indicate if the employer would be sanctioning Brad for the conduct and if it is Gross/ Minor behaviour in relation to Misconduct and Refer to case law where appropriate. Q3 (b) Explain the procedures required for Fair procedures as per Code of Practice on 15 Disciplinary Procedures (SI 146/2000 Industrial Relations Act 2000). Discuss the disciplinary actions that would be required based on the answer in (a) if it is Gross/ minor misconduct Refer to case law where appropriate Q4 (a) Students are required to discuss the requirements of the Employment Equality Act in relation to Equal Pay Section 19 and Section 29 Refer to case law to demonstrate an understanding of the provision. Discuss what is remuneration under the Act Discuss the concept of Section 7 (same, similar and work of equal value) 30 Discuss the need for Aine to have a comparator, establish if Tom fits the requirements of a comparator. Discuss the process of bringing a claim to the WRC , documents required, Refer to case law