| Long Title: | Employment Law - Operation of Relationship, Equality and Breakdown |
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| Language of Instruction: | English |
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| Module Coordinator: |
KAREN MURRAY |
| Module editor: |
KAREN MURRAY |
| Teaching and Learning Strategy: |
Teaching and learning will take place during the lecture via a combination of methods including in class discussion, case studies and problem solving exercises. Complex problem solving exercises will be distributed either before or during the lecture and will be used to apply the legal theory to real life situations. Students will work in groups during the lecture to identify the employment law issues involved in the problem and will be required to identify and apply solutions that are legally sound. Some problem based questions may require students to do preparatory work as they will be exploring the application of the law in practice. The problem based questions will give students an indication of their strengths and weaknesses throughout the term. Presentations used by the lecturer may contain direct hyperlinks to relevant readings in particular to legislation and case law. |
| Learning Environment: |
Learning will take place in a classroom environment with lecturer access to IT resources. Students will have access to legal databases such as Westlaw and Justis and will be required to utilize and apply decisions available from www.workplacerelations.ie. The module materials will be available electronically. |
| Module Description: |
This module aims to provide students with an understanding of the law applicable to the employment relationship by examining the principle common law and legislative enactments, both Irish and European, affecting workers and employers. The module focusses upon discriminatory treatment, data protection and the termination of the relationship. It also addresses aspects of health and safety law. The module builds upon the principles learned in Employment law: Contracts. The module aims to equip students with a knowledge of employment law so as to enable them to engage competently with legal advisors and ensure compliance with legislation. The indicative content will be expanded upon and/or modified to reflect changes to the legal environment. |
| Learning Outcomes |
| On successful completion of this module the learner will be able to: |
| LO1 |
Identify and examine in detail the relevant legislation and/or common law applicable to an employment issue and recognise the responsibilities, rights and duties which arise in the employer/employee relationship. |
| LO2 |
Demonstrate an understanding of the relevance of privacy and data protection at work and obligations of the employer. |
| LO3 |
Identify and appreciate the different mechanisms by which the employee can enforce their statutory and common law rights. |
| LO4 |
Demonstrate an understanding of the importance of dignity in the workplace and how the workplace should be inclusive and supportive. |
| LO5 |
Identify and apply the key provisions of relevant legislation and/or common law to situations where the employment relationship breaks down and apply principles of fairness. |
| Pre-requisite learning |
Module Recommendations
This is prior learning (or a practical skill) that is required before enrolment on this module. While the prior learning is expressed as named NCI module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
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| No recommendations listed |
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
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| No requirements listed |
Module Content & Assessment
| Indicative Content |
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Equality and discrimination
Areas of discrimination. Discriminatory grounds. Indirect and direct discrimination. Burden of proof. Comparators. Equal pay claims. Harassment and Sexual Harassment - definition - liability of employers - Code of Practice. Adverse Treatment. Redress
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Aspects of Health and Safety
Employers’ Liability at Common Law, Health and Safety Legislation, Workplace Bullying - Code of Practice, Liability for stress related injuries. Penalisation claims.
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Privacy and data Protection
Rights to privacy. Data Protection Principles. Rights and responsibilities of employers and employees. Application of principles in practice- including electronic surveillance in the workplace and biometrics.
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Breakdown of the employment relationship
Dismissal - Notice entitlements, Unfair dismissal - qualifications, process, presumption, grounds, constructive dismissal, remedies. Wrongful dismissal, Injunctive relief. Principles of proportionality and reasonableness. Fair Procedures - natural justice, representation. Constructive dismissal. Redundancy - grounds, entitlements, fair selection and unfair dismissals claims, consulation, collective redundancies, compromise agreements. Transfer of undertakings - application, liability, dismissals, data protection implications.
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| Assessment Breakdown | % |
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| Coursework | 30.00% |
| End of Module Assessment | 70.00% |
Full Time
| Coursework |
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| Assessment Type |
Assessment Description |
Outcome addressed |
% of total |
Assessment Date |
| Short Answer Questions |
The assessment may comprise of one or more of the following: a problem scenario in which students may be required to apply legal theory to a practical situation; a requirement to examine and discuss a piece of legislation and/or a relevant case; a requirement to discuss a topical legal issue. |
1,3 |
30.00 |
n/a |
| End of Module Assessment |
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| Assessment Type |
Assessment Description |
Outcome addressed |
% of total |
Assessment Date |
| Terminal Exam |
Assessment will consist of a two hour examination where students will be offered a choice of at least four questions and required to answer at least three. Some questions will be in a ‘legal problem’ style format, where students must apply their knowledge and understanding of legal principles to a particular set of facts, situations or scenarios. Other questions may require students to analyse a piece of relevant legislation, case or legal principle. |
1,2,3,4,5 |
70.00 |
End-of-Semester |
| Reassessment Requirement |
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
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Reassessment Description
The final examination will assess all learning outcomes.
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NCIRL reserves the right to alter the nature and timings of assessment
Module Workload
| Workload: Full Time |
| Workload Type |
Workload Description |
Hours |
Frequency |
Average Weekly Learner Workload |
| Lecture |
No Description |
2 |
Every Week |
2.00 |
| Practical |
No Description |
1 |
Every Week |
1.00 |
| Independent Learning |
No Description |
7.5 |
Every Week |
7.50 |
| Total Hours |
10.50 |
| Total Weekly Learner Workload |
10.50 |
| Total Weekly Contact Hours |
3.00 |
| This module has no Part Time workload. |
Module Resources
| Recommended Book Resources |
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- Mary Faulkner 2013, Essentials of Irish Labour Law, 2nd Edition Ed., Gill & MacMillan Dublin
| | Supplementary Book Resources |
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- Forde M. & Byrne A.P 2009, Employment Law, 3rd Ed. Ed., Round Hall Dublin
- Cox N, Corbett V. & Ryan D. 2009, Employment Law in Ireland,, Clarus Press Dubin
- Regan M. 2009, Employment Law, Bloomsbury Professional Dublin
- Redmond M. 2007, Dismissal Law in Ireland, 2nd Ed. Ed., Tottel Publishing Sussex
- Bolger M., Bruton C. & Kimber C. 2009, Employment Equality Law, Roundhall Dublin
- Meenan F. 2014, Employment Law, Roundhall Dublin
| | This module does not have any article/paper resources |
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| This module does not have any other resources |
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Module Delivered in
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