Employment Law - Rights, Investigations, Disputes and Redress - 5 December 2017

Public course: €250
Duration: 1 day

Course Outline
This one day course is designed to equip delegates with a comprehensive understanding of the key aspects of employment legislation and the recurring issues within the employer/ employee relationship. It probes sources of Irish employment law, identifies the key players involved and discusses the various rights, duties and obligations arising within the contract of employment. The training also focuses on areas of conflict, in particular; issues surrounding bullying and harassment, equal treatment and termination of employment. Finally the course reviews the key changes to the employment landscape, educates on upcoming legislation and provides awareness of what is happening in the different dispute resolution forums. The training is highly practical with a number of activities and case studies used during the programme.

Key Learning Points
On completion of this programme, delegates will;
• Understand key aspects of employment law
• Identify potential issues within your organisation
• Pre-empt difficulties that may arise
• Ensure your organisations policies and procedures are at best practice standards
• Understand the consequences of non- compliance with employment legislation
• Be able to answer employment related queries within your organisation
• Be able to apply best practice resolutions

Who and Why?
Lawyers, HR Professionals, Small Business Owners, Office Managers and others responsible for managing staff e.g. Team Leaders.

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Course schedule includes these topics:

Exercise 1 - Introduction
Contract Law
Tort Law and Negligence
Employment Permits
Pre-employment Medical Screening
Criminal Convictions and Garda Vetting

Employee or Self-employed?
Why is the Distinction Important?
Test used by the Courts
1. Control Test
2. Integration Test
3. Enterprise Test
4. Commercial Reality/Mixed Test

Exercise 2 – Identifying the Status of a Worker
Factors pointing towards a Contract of Service - ‘employee’
Factors pointing towards a Contract for Service - ‘independent
Vicarious Liability

Types of Workers
(i) Full-Time Workers
(ii) Part-Time Workers
(iii) Fixed-Term Workers
(iv) Trainees and Apprentices
(v) Agency Workers
(vi) Children and Young Persons

Terms in Employment Contracts
Express Terms and Access to Information
Restraint of Trade Clauses
Implied Terms

Payment and Wages
Minimum Wage
Sick Pay and Sick Leave
Payslips and Records
Failure to Pay Wages

Organisation of Working Time
Working Hours
Break Periods
Night Workers
Overtime and Sunday Premium Hours
Holiday Pay
Public Holidays
Zero Hours Practices

Statutory Leave Entitlements
Maternity Leave
Parental Leave
Force Majeure Leave
Adoptive Leave
Carer’s Leave

Equality and Discrimination
Institutions Responsible for Equality in Ireland
Nine Discrimination Grounds
Equal Status
Redress for Discrimination

Bullying, Harassment and Stress in the Workplace
What is Bullying?
Relief for Allegations of Bullying
Stress in the Workplace
Recognised Psychiatric Illness?
Was the injury or illness reasonably foreseeable?
Relief for Stress/Psychiatric Injury
Harassment and Sexual Harassment
Practical Guidelines for Employers

Employment Investigations and the Disciplinary Process
Disciplinary Stages
Fact Finding
Role of Employer in Disciplinary Process
Fair Procedures and Principles of Natural Justice
Co-operation of Employee
Best Practice for Conducting Interviews
Recording of Interviews
Standard of Proof
What if there is a Parallel Criminal Investigation?

Whistle-blowers and Protected Disclosures

Safety, Health and Welfare at Work
Health and Safety Authority

Termination of Employment
Minimum Notice
Summary Dismissal
Wrongful Dismissal
Unfair Dismissals Acts 1977-2007
Who is protected under the UDAs?
Who is excluded?
Types of Dismissals covered by the UDAs
Fair Dismissals
Unfair Dismissals
Constructive Dismissals
The Importance of Fair Procedures
Redress under the UDAs
Redundancy Payment Acts 1967-2014
What is a Redundancy?
Who are Excluded?
Statutory Minimum Compensation
Offers of Alternative Employment
Selection Process for Redundancy must be ‘fair’
Collective Redundancies
Redress under the Redundancy Payments Acts

Venues for Litigation
Workplace Relations Commission
Referral of Complaint to WRC Adjudicating Officer
Hearings before an Adjudicating Officer
Appeals to the Labour Court
Enforcement of WRC and Labour Court Decisions
Appeals to the Civil Courts in Employment Cases
Disputes or Complaints referred prior to 1st October 2015
Employment Appeals Tribunal (EAT)
The Labour Court
Injuries Board (formerly PIAB)
The Civil Courts

Overview of Redress for Employment Rights in Ireland

Exercise 3 – Action Steps

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To book this course:

Call us on 01 8788 255 for more information or to book this course