Employment and Labor Law Fundamentals
Employment and Labor Law Fundamentals
This domain tests the employment relationship, statutory employment rights, equality, dismissal and dispute resolution in Ireland.
The relationship
- Distinguish a contract of service (employee) from a contract for services (independent contractor); control, integration and mutuality of obligation are relevant.
- Terms of Employment (Information) Act 1994 requires a written statement of core terms within the statutory period. Employers must also comply with the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 (48-hour average week, breaks, four weeks annual leave, public holidays).
Termination
- Minimum notice is governed by the Minimum Notice and Terms of Employment Acts 1973 to 2005.
- Unfair dismissal under the Unfair Dismissals Acts 1977 to 2015 generally requires 12 months service; dismissal must be for a fair ground and follow fair procedures. The Workplace Relations Commission hears claims; the time limit is generally six months.
- Redundancy is governed by the Redundancy Payments Acts 1967 to 2014 and requires genuine redundancy plus fair selection.
Equality
The Employment Equality Acts 1998 to 2015 prohibit discrimination on nine grounds, including gender, civil status, family status, age, disability, race, religion, sexual orientation and membership of the Traveller community. Harassment, victimisation and failure to provide reasonable accommodation are covered.
Worked example
An employee dismissed after eight months claims unfair dismissal. The claim generally fails for lack of service, but may proceed if it is really a discrimination or protected-disclosure claim, which has different thresholds.
Traps
Unfair dismissal is not the same as wrongful dismissal (breach of contract). Probation does not remove all rights. Do not miss the six-month WRC time limit.