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EMPLOYMENT LEGISLATIONS 2 qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxccvvbnmqwertyui

   

Added on  2020-05-04

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qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnLaw of Business OrganizationEmployment Legislations(Student Details: )

EMPLOYMENT LEGISLATIONS 2Table of ContentsIntroduction......................................................................................................................................2Unfair Dismissals Act 1977.............................................................................................................2Analysis of Act............................................................................................................................2Analysis of Cases.........................................................................................................................2Employment Equality Acts 1998 to 2015........................................................................................2Analysis of Act............................................................................................................................2Nano Nagle School v Marie Daly................................................................................................2Industrial Relations (Amendment) Act 2015...................................................................................2Analysis of Act............................................................................................................................2Freshways Food Company and SIPTU........................................................................................2Conclusion.......................................................................................................................................2References........................................................................................................................................2

EMPLOYMENT LEGISLATIONS 3Introduction Employment law is the legislation through which the relationship of an employee and employeris governed. Through the employment laws, the employees know what to expect from theemployer and the rights which are available to them (Countouris, 2016). In Ireland, employmentlaw is not a sole legislation and consists of different laws, which have been drawn to protect theemployee rights (Citizens Information, 2016a). In the following parts, three of these legislationshave been explained, in context of their key features and the cases associated with them, to showthat these three laws play a crucial role in development of employment rights in Ireland. Unfair Dismissals Act 1977Analysis of ActThe Unfair Dismissals Acts 1977–2015 is a key piece of legislation which protects theemployees from being dismissed without being given proper reasons and notice. This actprovides the circumstances in which the unfair dismissal can take place. Where an employerterminates the employment contract with or without notice; or where the employment contract isterminated owing to the employer’s conduct, an unfair dismissal can take place (Redmond,2007). Where an employee is dismissed from the employment, in some specific situations, aclaim of unfair dismissal can be brought against the employer. The unfair dismissal legislationdoes not necessarily protect an individual from the dismissal but a system of appeal is providedin which a person can question the fairness of the dismissal once the same has taken place(Moffat, 2011).

EMPLOYMENT LEGISLATIONS 4There is a need to show that the person is qualified to bring a claim under the Unfair DismissalAct. When this is done, the employer has to accept that there had been a dismissal and it lies onthe employer to show that there had been fair grounds for dismissal. And unless the employercan show the major grounds to justify a dismissal, the dismissal is deemed as unfair (Cobb,2017). The legislation allows an employer to ask the employer to provide the reasons fordismissal in a written statement and the reply to this request has to be given by the employerwithin a period of fourteen days from the request. In case it is established that an employee hasbeen dismissed in an unfair manner, the employee can be placed back to the job, but it is morelikely to get compensation from the employer for the loss of earnings which the employee had tobear as a result of dismissal (Kruppe, Rogowski and Schömann, 2013). There are certain cases in which the dismissal by the employee is deemed automatically unfairwhere the dismissal of an employee takes place for the following reasons: political or religiousopinions; age, sexual orientation, membership of a community, race, or colour; membership oftrade union of engaged in trade union activities, be it within a office hours or outside; unfairselection for redundancy; breastfeeding, pregnancy or giving birth, or any other matter related tobirth or pregnancy; and availing rights under force majeure leave, parental leave, carer’s leave,paternity leave, adoptive leave and maternity leave (Citizens Information, 2016b). Analysis of CasesTraditionally, the Irish tribunals and courts used to award compensation to the employees whohave been unfairly dismissed. Reinstatement and re-engagement was not something whichoccurred owing to the irretrievable damage caused to the employee-employer relationship.However, there has been a rise in the number of reinstatements in the recent times. This is

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