LAWS H2309_2 - Employment Law 1

Module Title:Employment Law 1
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 2 programme(s)
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.
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.

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
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
Assessment Breakdown%
Continuous Assessment100.00%
Continuous Assessment
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 Project
No Practical
No End of Module Formal Examination

ITCarlow 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

Programme Code Programme Semester Delivery
CW_BBLAW_B Bachelor of Business (Honours) in Business with Law 5 Mandatory
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 3 Elective