Now, more than ever, employers have to ensure that they are complying with their obligations under employment legislation. With so many changes taking place in the Irish workplace an understanding of the fundamental issues in employment law is now essential. This 8 week course will provide participants with a thorough understanding of the crucial elements of Irish employment law including contracts of employment, equality, unfair dismissals, statutory leave, The WRC and workplace bullying and harassment.
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Description
The Workplace Relations Commission (WRC) carried out 5,753 workplace inspections in 2018
- 60% of these inspections were unannounced.
- 44% of employers were found to be in breach of employment legislation.
- 15,451 complaints were submitted by employees to the WRC.
- 3.1 million euro in wages was recovered for employees as a result of WRC inspections.
- Employers are most likely to breach employment legislation by failing to keep proper records.
Course Content:
1. Contracts of Employment
Contracts 'of' and 'for' service; The Tests used by the courts; Oral & written Contracts; Expressed Terms & Implied Terms; Zero Hours Contracts; Restrictive Covenants; Organisation of Working Time Act 1997.
2. Employee Information
The Terms of Employment (Information) Acts 1994 - 2014; The Miscellaneous Provisions Act 2018; The Function of the Employee handbook; the Significance of Policies and Procedures.
3. Employment Equality
Employment Equality and the EU; The development of Equality Law in Ireland; The Discriminatory Grounds; Areas of Discrimination; Direct & Indirect Discrimination; The Role of a Comparator; the Burden of Proof; Remedies for Discrimination.
4. Termination of Employment
Unfair Dismissal Legislation; Fair Procedures and Natural Justice; Constructive Dismissal, ‘Fair’ Dismissal; Wrongful Dismissal, Discriminatory Dismissal.
5. Statutory Leave
Maternity Leave; Adoptive Leave; Parental Leave; Carers Leave; Force Majeure Leave
6. Bullying and Harassment
Harassment & Sexual Harassment; Taking a Claim; Proving a Claim; Employers Defences; Remedies; Bullying and Stress at Work; Definitions; Psychiatric Injury at Work.
7. Common Law/ Civil Court Claims
Negligence/Personal Injuries Claims, Breach of Contract Claims, Injunction Applications.
8. Workplace Privacy and Data Protection
Sources of Employee Privacy in Employment, Data Protection Acts 1998 – 2003, General Data Protection Regulation (GDPR) 2018.
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