Lectures - communication of knowledge and ideas from the lecturer to the student.
Problem Solving Exercises - student will work as part of a team and will work together to resolve various legal scenarios.
Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills.
E-Learning - It is envisaged that the module will be supported with on-line learning materials.
Self-Direct Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim:
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 should be able to:
LO1
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.
LO2
Differentiate between employees and independent contractors, and demonstrate a
comprehension of the importance of that distinction.
LO3
Identify and explain the main terms and conditions of employment and of the legislation which impacts upon those terms.
LO4
Demonstrate an ability to assess and discuss the impact of employment equality law on the Irish workplace.
LO5
Demonstrate a comprehensive knowledge of both the common law and legislative duties of employers as regards health and safety in the workplace, and be able to assess and critically evaluate the impact of these duties upon the Irish workplace.
LO6
Demonstrate an ability to identify and discuss the various types of dismissal in Ireland. In particular, they should be able to apply their knowledge of dismissals law to problem scenarios/case studies.
LO7
Demonstrate a basic understanding of Industrial Relations Law in Ireland.
LO8
Differentiate between the different fora for resolving disputes and critically evaluate same.
LO9
Identify and discuss the inter-relationship between the various elements on the syllabus and apply this integrated knowledge to problems/case studies.
Pre-requisite learning
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
Module Content & Assessment
Indicative Content
Recruitment (10%)
• Equal Treatment
• Quotas
• Forms of Recruitment
• Advertising
• Exclusions
• Job Title
• Application Forms
• Interviews
• Mobility
• Age
• Pregnancy
• Physical requirements
• Terms and Conditions
• References
• Medicals
• Procedures and redress
Contract of Employment (10%)
• Formation of Employment Contracts, including express and implied terms.
• Oral and Written Contracts
• Employees or Independent Contractors
• Statutory Requirements – Written Statement of Terms and Conditions of Employment, Dismissal Procedure
• Key Clauses in the Contract of Employment
• Variation of Contract
• Statutory Guarantees of Terms and Conditions of Employment
• Personnel Records, Data Protection and Freedom of Information
Temporary and Part-Time Employment (5%)
• Casuals
• Agency Workers
• Temporary Employment
• Fixed Term Contracts
• Specified Purpose Contracts
• Temporary Officers
• Apprentices
• Job-Sharing
• Protection of Part Time Workers
Terms and Conditions of Employment (15%)
• Leave: Annual Leave, Public Holidays and Jury Service
• Maternity, Adoptive and Parental Leave
• Payment of Wages
• Organization of Working Time
• Pensions
• Collective Bargaining, collective agreements
• Common Law Duties of Employers and Employees
• The Legislative Framework
• Statutory duties of employers
• General Duties of Employees
• Safety Statement
• Safety Representative
• The General Application Regulations
• Accident Notification
• Bullying and Stress in the Workplace
• Health & Safety Policies
• Claims for personal Injury and Time Limits
• Court Practice and Procedure
• The Health & Safety Authority
• Labour Relations Commission
• The Labour Court
• Trade Unions
• Trade Disputes
• Strikes/pickets
• Joint Labour Committees
• Joint Industrial Councils
• Collective Bargaining
• Codes of Practice
Transfer of Undertakings (5%)
• Interpreting Directive and Regulation
• Economic Entity
• Economic/ Technical /Organisational Defence
• Automatic Transfer of Rights and Liabilities
• Pensions
• Due diligence
The Role of the Courts (5%)
• Jurisdiction
• Injunctions
• Wrongful dismissal
Assessment Breakdown
%
Continuous Assessment
40.00%
End of Module Formal Examination
60.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Other
Problem Solving Essay(s) or in class assessment - This will assess the student’s ability to use analytical and problem solving skills gained to apply knowledge to case studies and /or hypotheses dealing with Employment Law through research, critical analysis and reasoning. Students will be expected to demonstrate an ability to argue for both sides of a given hypothesis or problem. The student will be required to research the law relating to the problem/hypothesis and to produce a written submission supporting their arguments.
1,2,3,5,8,9
40.00
Week 9
No Project
No Practical
End of Module Formal Examination
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Formal Exam
End-of-Semester Final Examination
1,2,3,4,5,6,7,8,9
60.00
End-of-Semester
SETU Carlow Campus reserves the right to alter the nature and timings of assessment