| Module Title: | Employment Law 1 |
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| Language of Instruction: | English |
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| Teaching & Learning Strategies: |
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.
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| 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 |
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. |
| Pre-requisite learning |
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
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| 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
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| 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 |
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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
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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
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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
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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
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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
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| Assessment Breakdown | % |
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| Continuous Assessment | 100.00% |
| Continuous Assessment |
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| Assessment Type |
Assessment Description |
Outcome addressed |
% of total |
Assessment Date |
| Other |
Written assessment comprising problem scenario(s) relevant to the course content |
1,2,3,4 |
100.00 |
n/a |
| No End of Module Formal Examination |
SETU Carlow Campus reserves the right to alter the nature and timings of assessment
Module Workload
| Workload: Full Time |
| Workload Type |
Frequency |
Average Weekly Learner Workload |
| Lecture |
12 Weeks per Stage |
3.00 |
| Independent Learning |
15 Weeks per Stage |
5.93 |
| Total Hours |
125.00 |
| Workload: Part Time |
| Workload Type |
Frequency |
Average Weekly Learner Workload |
| Lecture |
Every Week |
1.50 |
| Total Hours |
1.50 |
Module Delivered In
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