Diploma in Employment Law
View Spring 2012 timetable here Over recent years the developments in Employment Law have meant that it has become a prominent and important topic in today’s business environment. This introductory course in this highly relevant subject is aimed at providing an overview of the main elements of both Irish and European employment legislation as it relates to both employers and employees. Programme Aims and Objectives The aim of the course is to provide the student with an overview of the laws and regulations that affect the functioning of the employment relationship. The developments in this area of law have been extensive and this course is designed to assist students in understanding this increasingly relevant topic. The course examines the duties of both employees and employers and attempts to provide students with a broad understanding of employment law issues through the analysis of existing legislation and case law. This course is especially relevant to human resource executives, legal secretaries and trade union or employer’s association representatives. In addition any person who has a general interest in the area or is affected by any of the areas covered by the course will find the content of relevance and interest. On successful completion of this course all participants will have studied the main sources of employment law including the concept of “employee”, the design of an employment contract, equality issues including harassment in the workplace, holidays and leave entitlements, termination of contracts and redundancy issues, health & safety concerns and the effects of collective bargaining. Programme Content Contract of Employment
Students will examine the difference between employees and independent contractors and be introduced to the concept of vicarious liability. The main terms that a prudent employer should include in a contract of employment and the various types of employment contracts are also explored. Legal framework in Employment Law The legal framework within which Employment Law operates including an analysis of the Constitution, Statute Law, Common Law and European Law. The various forums that are used for dispute resolution including Courts, The Labour Relation Commission, The Employment Appeals Tribunal and the Labour Court are also examined. Protective Legislation This section looks at the obligations imposed upon employers in relation to the provision of protective leave including leave under the Organisation of Working Time legislation, maternity, parental, carer and adoptive leave. Employment Equality and Harassment Students will discuss the main features of the Employment Equality Acts 1998-2004 in relation to equal treatment and equal pay and direct and indirect discrimination and the limited grounds where discrimination is permitted. An examination of the various types of harassment will also be covered. Bullying and Stress Claims The duties and obligations imposed upon an employer to provide a bullying and stress free working environment are examined and assessed. Termination of the contract of employment. Lawful means of terminating the employment contract are discussed alongside the doctrines of unfair and wrongful dismissal. This lecture also covers termination by redundancy and the various factors involved in the redundancy process including calculation of payments and collective redundancies. Employer Liability What is the extent of the common law duties of an employer to provide a safe place of work and safe system of work and what role do employees play in this area of liability? This lecture also includes an analysis of the concepts of contributory negligence and voluntary assumption of risk. Health and Safety This section looks at the area of health and safety legislation and current standards as expressed in legislation.
Confidentiality, Restraint of Trade, and Data Protection
Common law and statutory duties in relation to the acquisition, preservation and treatment of sensitive information – by both employers and employees. Employment of Non-Nationals Obligations on employers as regards the employment of non-nationals including an analysis of The Employment Permits Acts 2003 and 2006 and the various types of work permits available for foreign workers. Assessment To be awarded the Diploma in Employment Law, a student will be required to complete a written assignment (100%). Career Progression Opportunities Due to the complexity and increasing relevance of employment law in running a business today this course has a huge practical significance for individuals who are engaged in any business where employees are engaged. From an academic perspective it provides an insight and analysis of the main components of a highly specialised area of law.
Student Profile Due to its increasing relevance this course has attracted a wide variety of participants including employers, lawyers and human resource executives. “I found the Diploma in Employment Law to be a well structured course covering a broad range of issues within this topical area. Relevant legislation was clearly outlined and I particularly found the presentation and discussion of recent and applicable case law to be interesting and highly beneficial. There was also scope for analysis of day-today legal issues within the working environment and I found this to benefit the group as a whole as people draw on their daily experiences and analyse the appropriate issues as a class. The course focused in an effective manner on identifying the legal responsibilities and remedies for both employers and employees and how human resources can play a vital part in minimizing problems within this area.”
Patrick Conliffe Diploma in Employment Law
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