The Employment Law Name of the University Name of the student Name of the university Author note Introduction
Added on 2020-04-29
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Running head: EMPLOYMENT LAW Employment LawName of the studentName of the universityAuthor note
EMPLOYMENT LAWTable of ContentsIntroduction.................................................................................................................................................2The Unfair Dismissal Acts............................................................................................................................2Objectives................................................................................................................................................2Rights provided to the employees...........................................................................................................3Procedure of making a claim...................................................................................................................4Remedies.................................................................................................................................................5Case law...................................................................................................................................................5The Employment Equality Act 1998-2015...................................................................................................6Objective.................................................................................................................................................6Rights.......................................................................................................................................................6Process of bringing a claim......................................................................................................................7Remedies.................................................................................................................................................7Case law...................................................................................................................................................7The Safety, Health and Welfare at Work Acts 2005 and 2010.....................................................................7Objective.................................................................................................................................................7Rights.......................................................................................................................................................8Process of making a claim........................................................................................................................8Remedies.................................................................................................................................................8Case law...................................................................................................................................................9Conclusion...................................................................................................................................................9References.................................................................................................................................................10
EMPLOYMENT LAWIntroduction The objective of employment law in any country is to ensure that the rights of theemployee and the employer in relation to a workplace are balanced. An employer is the owner ofthe workplace and through the virtue of his position he or she has increased bargaining power inrelation to the employment contract. According to Emir (2016) a concentration of power in onehand can lead to abuse and unfair treatment. Therefore in the same way the employer’s positionmay enable term to exploit employees for personal gain. However the government has enactedvarious measures to ensure that the employees are given sufficient rights in the workplace so thatthey are not exploited or abused by the employers. In addition the provisions ensure that theemployee does not take advantages of such rights to the detriment of the employer and thefunctioning of the businesses is not hampered. The purpose of the paper to critically analyze the unfair dismissal act in relation to theexpansion of employee rights in Ireland in the light of case laws. In addition the papers alsoanalyzes The Employment Equality Act 1998-2015 and The Safety, Health and Welfare at WorkActs 2005 and 2010 with reference to case laws and determine their effect on the workplaces inIreland. The Unfair Dismissal ActsObjectives The unfair Dismissal Acts 1977-2015 provide the circumstances in which a dismissalwould be regarded as unfair. This includes the situation where the termination has been carriedout by the employer without or without providing notice or the employee himself or herself
EMPLOYMENT LAWterminating the contract of employment due to the behavior of the employer which is called asconstructive dismissal. When a person has been dismissed form employment they have the rightto bring a claim for unfair dismissal against the employer in specific conditions. However thelegislation does not protect the employees from being dismissed directly. Instead it provides aframework of appeal through which the fairness of the dismissal can be questioned. Theemployee who has been dismissed would have to prove that they are entitled to bring a claimagainst the employer for dismissal with respect to the provisions of the legislation. Once a claimhas been filed and the employer has accepted that a dismissal has been made the onus of proofwould be on the employer to show that the dismissal has been made in a fair way. Expect thecases related to constructive dismissal a dismissal would be treated as unfair by the courts unlessthe employer provides successful justification that the dismissal was fair. In relation to the legislation the employee has the right to ask the employer a writtenreason for the dismissal. The reason has to be provided by the employee during 14 days since therequest has been made. When a claim of unfair dismissal is established the employee may beordered by court to be placed in the previous job position or the employer would be entitled topay the losses incurred by the employee due to the dismissal. Rights provided to the employees The legislations states that the employer would have been deemed to make a unfairdismissal in certain situations. These include situations where the dismissal is a result ofproposed or actual membership in a trade union or indulgence in trade union activities in duringor outside working hours. Employees who are dismissed for providing political and religiousopinions are also covered by unfair dismissal. Employees who have brought legal actions againstthe employers if dismissed because of their actions are also covered by unfair dismissal.
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