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LAW30330 Employment Law: Employment Rights UCD Assignment Example

Employment law is a complex and ever-changing area of the law. It can be difficult to keep track of your rights as an employee, especially if you are not familiar with the law. This module will provide an overview of some of the most important employment rights in the context of Ireland’s EU obligations. We will discuss the right to a fair wage, discrimination protections, and workers’ compensation benefits, among other topics.

Assignment Activity 1: Describe the historical development of employment rights legislation.

Employment rights legislation has a long and varied history, dating back to the earliest known legal codes. In Ireland, employment rights legislation was first introduced in 1839 with the enactment of the Master and Servant Act. This Act provided employees with limited protections, such as the right to receive wages for work completed and the right to sue an employer for breach of contract.

Over time, additional employment rights were introduced, including the right to collective bargaining (1922), the right to paid holidays (1927), and the right to fair working conditions (1978). Today, Irish employees are protected by a comprehensive range of employment rights legislation, including the National Minimum Wage Act (2015), which sets minimum standards for hourly pay rates; the Organisation of Working Time Act (1997), which regulates working hours and rest breaks; and the Equality Acts (2010-2015), which prohibit discrimination on several grounds, including sex, race, religion, and age.

The development of employment rights legislation in Ireland has been largely influenced by the country’s membership in the EU. To ensure compliance with EU law, Ireland has enacted several pieces of legislation that provide employees with a broad range of protections. For example, the Employment Equality Act 1998 prohibits discrimination on several grounds, including sex, religion, and disability. The Workplace Relations Act 2015 sets out several rights and entitlements for employees, including the right to paid annual leave.

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Assignment Activity 2: Explain the influence of European law and comparative law on Irish employment law topics covered in the module.

European law and comparative law have had a significant influence on the development of Irish employment law. To ensure compliance with EU law, Ireland has enacted several pieces of legislation that provide employees with a broad range of protections. For example, the Employment Equality Act 1998 prohibits discrimination on a number of grounds, including sex, religion, and disability. The Workplace Relations Act 2015 sets out a number of rights and entitlements for employees, including the right to paid annual leave.

Comparative law has also played a role in the development of Irish employment law. For example, the National Minimum Wage Act (2015) is based on the UK National Minimum Wage Act (1998), which provides similar protections for employees. The Equality Acts (2010-2015) are based on the UK Equality Act (2010), which prohibits discrimination on several grounds, including sex, religion, and age.

It is important to note that Irish employment law is not static and that it continues to evolve in response to changing social and economic conditions. For example, in recent years there has been a growing focus on the need to protect vulnerable workers, such as migrant workers and workers in the gig economy. This is reflected in the enactment of the National Minimum Wage Act (2015) and the Workplace Relations Act (2015), both of which provide enhanced protections for these groups of workers.

Assignment Activity 3: Apply law and case law concerning employment law topics covered in the module.

The law and case law concerning employment law topics covered in the module can be applied in several ways. For example, the law can be used to resolve disputes between employers and employees. In addition, case law can be used to interpret and clarify the provisions of employment legislation.

One of the most important cases about employment law in Ireland is the case of Donoghue v Stevenson. This case, which was decided by the House of Lords in 1932, established the principle of negligence. This principle is important in employment law as it can be used to hold employers liable for any injuries or losses suffered by employees as a result of their negligence.

Another important case about employment law is the case of Barber v Guardian Royal Exchange. This case, which was decided by the Court of Appeal in 2001, established the principle of vicarious liability. This principle can be used to hold employers liable for the actions of their employees, even if the employer was not directly responsible for the employee’s actions.

The law and case law concerning employment law can also be used to inform decisions made by courts about employment disputes. For example, in the case of McGrath v Radio Telefís Éireann, the High Court considered whether an employer was entitled to dismiss an employee who had been absent from work for a number of years. The court held that the employer was not entitled to dismiss the employee, as the employee’s absence was due to a medical condition and not to misconduct.

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Assignment Activity 4: Critically discuss recent and potential changes in relevant legislation and case law and assess their effectiveness, individually and in a group.

There have been a number of recent and potential changes in relevant legislation and case law that could have a significant impact on employment law in Ireland.

One of the most significant recent changes in employment law is the enactment of the National Minimum Wage Act (2015). This Act provides enhanced protections for workers, including migrant workers and workers in the gig economy. It also sets out a number of offenses for employers who fail to pay the National Minimum Wage.

Another significant recent change in employment law is the enactment of the Workplace Relations Act (2015). This Act provides enhanced protections for vulnerable workers, such as migrant workers and workers in the gig economy. It also establishes a new body, known as the Workplace Relations Commission, which is responsible for resolving disputes between employers and employees.

A potential change in employment law that has been the subject of much debate in recent years is the introduction of a statutory minimum notice period for employees. Such a measure was proposed in the Employment Rights (Statutory Minimum Notice and Pay instead of Notice) Bill 2016, but the Bill did not make it through the Oireachtas.

Another potential change in employment law that has been the subject of much debate in recent years is the introduction of a statutory maximum working week. Such a measure was proposed in the Workplace Time Regulation Bill 2017, but the Bill did not make it through the Oireachtas.

Each of these potential changes in employment law has been the subject of much debate, and it is not clear whether or not they will be enacted into law. However, if they are enacted into law, they will have a significant impact on employment law in Ireland.

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