Principles of Employment Law S1 Exam 2022 PDF

turn on images **BACHELOR OF BUSINESS (HONS)** **YEAR 3** **SEMESTER 1** **PRINCIPLES OF EMPLOYMENT LAW** **DATE : 16/12/2022** **TIME : 09:15AM** **VENUE: MAIN HALL, CORK ROAD.** **EXAMINERS: INTERNAL: MS. ANNE MARIE MCGRATH** **DURATION: 2 HOURS** **INSTRUCTIONS /INFORMATION:** 1. **AN...

turn on images **BACHELOR OF BUSINESS (HONS)** **YEAR 3** **SEMESTER 1** **PRINCIPLES OF EMPLOYMENT LAW** **DATE : 16/12/2022** **TIME : 09:15AM** **VENUE: MAIN HALL, CORK ROAD.** **EXAMINERS: INTERNAL: MS. ANNE MARIE MCGRATH** **DURATION: 2 HOURS** **INSTRUCTIONS /INFORMATION:** 1. **ANSWER [THREE] QUESTIONS ONLY.** 2. **ALL QUESTIONS CARRY EQUAL MARKS.** **SOUTH EAST TECHNOLOGICAL UNIVERSITY** **Question 1** Ben has worked as a car sales person at Karsales ltd for five wonderful years. Ben loves his job and is one of the best sales people on site. He doesn't care if he takes a break during the day, once he is selling he is happy. Ben can work 6 days a week, Monday to Saturday and even Sunday's, especially in January when new car sales are booming. Ben doesn't get paid overtime or a Sunday premium, he earns a flat rate of €400 weekly and has a substantial sales bonus paid quarterly based on sales. Ben has no written contract of employment. Ben works long hours and sends work emails and invoices to the accounts department late at night and very early in the morning. Jane in the accounts department is not happy with this and has asked for this to stop. Jane is herself unhappy with the culture that breaks are not important and has often had to work through her lunch and morning breaks. Ben's manager *Honest Joe* is concerned as Jane has threatened to go to the Work Place Relations Commission and report Karsales Ltd. Advise Honest Joe on the possible employment law breaches and explain the duties of the employer and employee in adhering to the legislation. **(Total: 30 Marks)** **Question 2** The courts have resolved questions of employment status over the years by the application of various tests. a. Critically examine by reference to case law, the tests used to establish employment status in Ireland. **(20 marks)** b. Explain briefly with reference to case law, the Irish courts' view of the employment status of **gig** workers. **(10 marks)** **(Total: 30 Marks)** **Question 3** Brad is employed by Big Brands plc, a national supermarket chain, and works on its bakery counter. Brad has been employed for eight years and is supervised by Kathy. Last month Brad received a first written warning for repeatedly arriving late for work. On Saturday Kathy was approaching the bakery counter to address a customer query, she spotted Brad wearing his outdoor jacket and asked him why he was late for work again. Brad explained that he had arrived at work on time but had been helping another colleague, Des, bring in some deliveries to the store. Kathy put her hands over her ears and said she did not want to hear any excuses and that he could explain himself at a disciplinary hearing on the following Monday. Brad attended the disciplinary hearing with his trade union representative and was told he could only have a colleague present. At the end of the disciplinary meeting Cathy handed Brad a letter in which it stated he would be dismissed with immediate effect due to persistent lateness and would be paid in lieu of notice. Brad has decided to contest his dismissal and bring a claim to the Work Place Relations Commission. a. Discuss Brad's behaviour and advise Brad if his behaviour could be grounds for a fair dismissal under the Unfair Dismissal Act 1977-2015. **(15 marks)** b. Discuss the appropriate disciplinary steps that Kathy would need to follow to dismiss Brad fairly based on his conduct. **(15 marks)** **Question 4** Aine, the company's new sales manager who was appointed four weeks ago, has discovered that Tom, the marketing manager who retired 6 months ago, was paid €80,000 per annum, whereas she is only paid €60,000 per annum. Aine has a different job title but she is convinced she is carrying out the same duties as Tom. Explain the provisions of the Employment Equality Act 1998- 2015 in relation to equal pay and advise Aine if she can proceed with a claim. Refer to decided case law in support of your answers. (**Total: 30 Marks)**