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 are also examined.
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 in relation to equal treatment and equal pay and direct and indirect discrimination and the limited grounds where discrimination is permitted. The related topics of harassment and sexual harassment in the workplace will also be explored.
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.
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
This section of the course examines post- termination restrictive covenants in the context of the employment contract. 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 and the various types of work permits available for foreign workers.