Module Details
Module Code: |
LAWS C3304 |
Module Title:
|
Employment Law 1
|
Title:
|
Employment Law 1
|
Module Level:: |
8 |
Module Coordinator: |
Eileen Doyle
|
Module Author:: |
Pauline McHugh
|
Module Description: |
The aim of this module is to acquaint participants with a comprehensive knowledge of the leading principles of employment law and to assist the student to develop the analytical skills required to apply their legal knowledge to various scenarios
|
Learning Outcomes |
On successful completion of this module the learner will be able to: |
# |
Learning Outcome Description |
LO1 |
Distinguish between employees and independent contractors and different types of employee status, and demonstrate a comprehension of the importance of that
distinction. |
LO2 |
Demonstrate a thorough knowledge of the laws which affect the recruitment process and be able to assess and evaluate the
impact of these laws upon that process. |
LO3 |
Demonstrate an ability to assess and discuss the impact of employment equality law on the Irish workplace |
LO4 |
Understand and explain the constituent elements of an employment contract and the law relating to same and appreciate the different fora for resolving disputes. |
Dependencies |
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
|
No recommendations listed |
Co-requisite Modules
|
No Co-requisite modules listed |
Additional Requisite Information
|
No Co Requisites listed
|
Indicative Content |
Employees or Independent contractors-Types of Employee
Employee or independent Contractor: Control, Personal Service, Integration tests, mutuality of obligation, boilerplate clauses, umbrella/global contracts• relevance in the precarious Gig economy context • Types of employee: Permanent, Contracts of Indefinite Duration, Fixed term contracts, Hourly paid employees, 'if and when' workers, Part time workers, Agency workers, Migrant workers, Casual workers, Employment of Young Persons, procedures for redress
|
Recruitment and Pre-contractual processes
Requirement to comply with Anti-Discrimination legislation• Equal Treatment and reasonable accommodation in the process• Forms of Recruitment • Advertising • Application forms • Standardized testing • selection for interview • Interview process• use of questions, process and statistics to determine fair procedures in selection processes • selection for post • references • medicals • background checks and GDPR • Procedures and redress
|
Equality
EU, Constitution and Legislation: The Discrimination model of Equality: Analysis of the 9 grounds of Discrimination, Equal treatment and Equal Pay, elements required to bring a claim, burden of proof, exclusions, eg, objective justification, Limitations of the Discrimination Equality model, Indirect Discrimination, Sexual Harrassment, Positive Discrimination, Redress, role of IHREC, WRC, jurisdiction of the Courts in gender claims, Employer policies on sexual harassment, non-sexual harassment and bullying
|
Contract of Employment
Formation of Employment Contracts, including express and implied terms. and collective agreements • Oral and Written Contracts • Statutory Requirements – Written Statement of Terms and Conditions of Employment, • Key Clauses in the Contract of Employment • Variation of Contract • Statutory Guarantees of Terms and Conditions of Employment • Workplace Privacy, Data Protection and social media concerns• vicarious liability
|
Complaint and redress
Role and functions of the Workplace Relations Commission, The Labour Court, Irish Human Rights and Equality Commission and the Courts in resolving workplace disputes
|
Module Content & Assessment
|
Assessment Breakdown | % |
Continuous Assessment | 100.00% |
AssessmentsFull Time
No End of Module Formal Examination |
Reassessment Requirement |
Exam Board
It is at the discretion of the Examination Board as to what the qualifying criteria are.
|
SETU Carlow Campus reserves the right to alter the nature and timings of assessment
Module Workload
Workload: Full Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
|
Contact |
No Description |
12 Weeks per Stage |
3.00 |
36 |
Independent Learning |
|
Non Contact |
No Description |
15 Weeks per Stage |
5.93 |
89 |
Total Weekly Contact Hours |
3.00 |
Workload: Part Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
|
Contact |
No Description |
Every Week |
1.50 |
1.5 |
Total Weekly Contact Hours |
1.50 |
Module Resources
|
Recommended Book Resources |
---|
-
Ailbhe Murphy. (2017), Employment Law, Bloomsbury Publishing, p.1592, [ISBN: 9781847663764].
-
Neville Cox,Val Corbett (LLM.),Desmond Ryan. Employment Law in Ireland, Clarus Press, [ISBN: 9781905536269].
-
Mary Faulkner. Essentials of Irish Labour Law, 3rd. Clarus Press, [ISBN: 9781905536955].
-
Marguerite Bolger,Claire Bruton,Cliona Kimber. Employment Equality Law, 1st. Round Hall, [ISBN: 9781858005911].
-
Anthony Kerr. Employment Equality Legislation, 5th Ed.. Round Hall, [ISBN: 9780414060562].
-
Alastair Purdy. (2016), Equality law in the Workplace, 1st. Bloomsbury Professional, [ISBN: 9781780436166].
| Recommended Article/Paper Resources |
---|
-
Westlaw database. Irish Employment Law Journal.
-
LexisNexis LNB Legal database.
-
JustisOne.
| Other Resources |
---|
|
|