This module is designed to provide students with an in-depth understanding of the foundation principles of the employer-employee relationship, based on contract and the applicable statutory rights/duties conferred on both parties by law. Students will explore the various types of employment contracts, the legal requirements of employment contracts, and the rights and obligations of both employers and employees. Additionally, students will examine the role of collective agreements and the impact of European Union law on Irish Employment law.
This module will equip students with the knowledge necessary to navigate the complex legal framework governing the employer-employee relationship in Ireland. Furthermore, this module will introduce students to the employment rights redress system, including the Workplace Relations Commission and the Labour Court. Students will learn about the procedures for making a complaint, the remedies available, and the enforcement mechanisms used by these bodies. The module will also cover the various forms of discrimination prohibited under Irish law, including gender, age, race, and disability.
Throughout the module, practical problem-solving exercises will be used to help students develop critical thinking and analytical skills, enabling them to apply their knowledge in real-world scenarios. Overall, this module aims to provide students with a comprehensive understanding of Irish employment law, while also equipping them with the practical skills necessary to navigate this complex area of law.
Part I
The first part of the module aims to provide a comprehensive understanding of Irish Employment Law, covering essential topics such as employment contracts, dispute resolution institutions, and protective legislation for atypical workers.
The Contract of Employment: Legal Classification
The contract of employment is a legally binding agreement between the employer and the employee that outlines the terms and conditions of employment. This can be in the form of a verbal or written contract. In Ireland, employees are entitled to a written statement of certain key terms and conditions of employment within five days of starting work, with the remaining terms being provided within two months of commencement.
Contractual Basis of the Employment Relationship
The employment relationship can be based on a contract of service or a contract for services. A contract of service is an agreement where the employee agrees to provide services to the employer in return for payment. A contract for services is where the employee is engaged as an independent contractor and provides services to the employer but is not an employee.
Distinguishing Contracts of Service from Contracts for Services
The Control, Integration, Enterprise, and Mixed Tests can be used to distinguish between a contract of service and a contract for services. These tests examine the level of control the employer has over the employee, the degree of integration of the employee into the business, whether the employee is providing services as part of the employer's enterprise, and whether the contract is mixed, i.e., a combination of the above.
Express Terms versus Implied Terms
Express terms are the terms that are explicitly agreed upon by both the employer and the employee and are stated in the employment contract. Implied terms are terms that are not explicitly agreed upon but are still considered part of the contract, such as the implied duty of trust and confidence.
Terms Implied by Common Law
Certain terms are implied by common law and are considered part of every employment contract, such as the duty of care and the right to receive pay. This section of the course will explore the various different duties implied by common law.
Terms of Employment (Information) Act, 1994-2020
The Terms of Employment (Information) Act requires employers to provide employees with a written statement of their terms and conditions of employment within five days of starting work with the remainder being provided within two months of the commencement of employment. The statement should include information on pay, hours of work, holidays, and other important employment-related matters.
Drafting Employment Contracts
Employment contracts should be clear, concise, and comprehensive. Employers should ensure that they comply with relevant legislation and that the terms are fair and reasonable.
Impact of Collective Bargaining Agreements
Collective bargaining agreements can have a significant impact on the terms and conditions of employment. Employers should be aware of their obligations under such agreements and ensure that they comply with them.
Variation of Contractual Terms
Employers may wish to change the terms and conditions of employment. However, they must do so in compliance with relevant legislation and with the agreement of the employee.
Restrictive covenants and other post-employment restraints:
Employers as a general rule include restrictive covenants in employment contracts to protect their business interests. These covenants usually include non-compete clauses, non-solicitation clauses, and non-disclosure clauses. However, such clauses must be reasonable and proportionate.
Institutions & the Presentation of Cases:
The Workplace Relations Commission provides a range of services, including conciliation, mediation, adjudication, and inspection of employment disputes.
Referring a dispute to the WRC is the first step in resolving a dispute. The WRC offers a range of dispute resolution mechanisms, including conciliation and mediation. If a dispute is not resolved through these mechanisms, it can be referred to adjudication.
The Labour Court considers all industrial relations disputes that are referred to it. It hears all appeals of Adjudication Officer's decisions of the WRC arising under Industrial Relations and Employment Rights legislation
Protective Legislation for Atypical Workers:
Atypical workers, such as part-time, fixed-term, and agency workers, are protected by specific legislation. Part-time workers are protected by the Protection of Employees (Part-Time Work) Acts, 2001-2020, which provides for the equal treatment of part-time workers. Fixed-term workers are protected by the Protection of Employees (Fixed-term Work) Acts 2003-2019, which provides for the equal treatment of fixed-term workers. Agency workers are protected by the Protection of Employees (Temporary Agency Work) Act 2012, which provides for the equal treatment of agency workers with comparable permanent employees.
Part II
Part 2 of the module will provide an in-depth analysis of the Irish employment law, focusing on the Protection of Young Persons (Employment) Acts 1996-2020, The Organisation of Working Time Acts 1997-2022, Termination of the Employment Contract, Occupational Pensions, Protected Disclosures, Transfer of Undertakings, Bullying in the Workplace, Health, Safety and Welfare at Work, and Employment Equality Law. The module will examine the relevant legal provisions, court decisions, and their impact on employers and employees.
Protection of Young Persons (Employment) Acts 1996-2020: • The purpose and scope of the Acts • Prohibition of employment of young persons in certain circumstances • Restrictions on working hours for young persons. • The role and powers of the Workplace Relations Commission in enforcing the Acts
The Organisation of Working Time Acts 1997-2022: • The concept of a maximum working week • Rest periods and breaks • Holidays and annual leave entitlements • Sunday working • Zero hours contracts and their implications for employees
Termination of the Employment Contract: • Modes of termination • Notice requirements for termination • Summary dismissal and its implications for employees • Dismissal procedures and remedies • The Minimum Notice and Terms of Employment Acts 1973-2020 • The Unfair Dismissals Acts 1977-2022 • The Redundancy Payments Acts 1967-2022 • The Common Law concept of Wrongful Dismissal
Protected Disclosures:
• The legal framework for protected disclosures • Whistleblower protection and immunity from legal action • Disclosures of criminal offences and risks to health and safety
Transfer of Undertakings: • The concept and scope of the Transfer of Undertakings Regulations • The implications of the regulations for employers and employees • Employee consultation and information requirements • Protection of employees' terms and conditions of employment.
Bullying in the Workplace
• Definition of bullying and types of behaviour that constitute bullying
• Legal framework and legislation to address bullying in the workplace
• Employer and employee responsibilities in preventing and addressing bullying
• Consequences of failing to address bullying in the workplace
Health, Safety and Welfare at Work
• Overview of the legislation on health, safety and welfare at work
• Duties of employers and employees in relation to health, safety and welfare at work
• Risk assessments and preventive measures to reduce workplace accidents and injuries
• Liability for workplace accidents and injuries
Employment Equality Law
• Overview of the Employment Equality Act 1998-2022
• Positive Discrimination and Derogation from the principle against discrimination
• A victim’s remedy where discrimination is established
• Workplace Harassment and Sexual Harassment
• Equal Pay and Equal Status
This module aims to provide students with an understanding of this complex area of law and of the importance of law and legal developments in the employment field. It will enable learners to keep abreast of legal developments and to critically analyse the law and evaluate the implications for employment practice.This module comprises 10 ECTS credits. Students will be expected to attend lectures for one and half per week. This module broadly aims:
- to introduce students to the practical application of employment law, the settlement of workplace disputes, the prohibition of discrimination insofar as it relates to the workplace, the termination of the employment relationship, and the requirements of bringing a claim to the Workplace Relations Commission.
- to explore the express and implied terms of the contract of employment, changes to terms and conditions of employment, changes to staff handbooks, information and consultation.
- to develop students' knowledge of bringing claims before the Workplace Relations Commission and to develop their skills in drafting tribunal forms and advocacy before an adjudicator.
- to place the module in its social, economic, political, historical, philosophical, and cultural context. This includes reference to the influence of European directives and case authorities on Irish law.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- distinguish relevant from irrelevant materials;
- locate and analyse relevant legal and other primary and secondary source materials;
- manage your time effectively.
- think critically and develop coherent arguments;
- identify and analyse key issues in a previously unseen set of facts
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |