Diploma in Employment Law

Course details

Over recent years the developments in Employment Law have meant that it has become a prominent and important topic in today’s business environment. This introductory course in this highly relevant subject is aimed at providing an overview of the main elements of both Irish and European employment legislation as it relates to both employers and employees.

Programme Aims and Objectives

The aim of the course is to provide the student with an overview of the laws and regulations that affect the functioning of the employment relationship. The developments in this area of law have been extensive and this course is designed to assist students in understanding this increasingly relevant topic.

This course is especially relevant to human resource executives, legal secretaries and trade union or employer’s association representatives. In addition any person who has a general interest in the area or is affected by any of the areas covered by the course will find the content of relevance and interest.

Course Structure

This ten week course examines the duties of both employees and employers and attempts to provide students with a broad understanding of employment law issues through the analysis of existing legislation and case law. On successful completion all participants will have studied the main sources of employment law including the concept of “employee”, the design of an employment contract, equality issues including harassment in the workplace, holidays and leave entitlements, termination of contracts and redundancy issues, health & safety concerns and the effects of collective bargaining.

Assessment

To be awarded the Diploma in Employment Law, a student will be required to complete a written assignment (100%).

Programme Content

Contract of Employment

Students will examine the difference between employees and independent contractors and be introduced to the concept of vicarious liability. The main terms that a prudent employer should include in a contract of employment and the various types of employment contracts are also explored.

Legal framework in Employment Law

The legal framework within which Employment Law operates including an analysis of the Constitution, Statute Law, Common Law and European Law. The various forums that are used for dispute resolution including Courts, The Labour Relation Commission, The Employment Appeals Tribunal and the Labour Court are also examined.

Protective Legislation

This section looks at the obligations imposed upon employers in relation to the provision of protective leave including leave under the Organisation of Working Time legislation, maternity, parental, carer and adoptive leave.

Employment Equality and Harassment

Students will discuss the main features of the Employment Equality Acts 1998-2004 in relation to equal treatment and equal pay and direct and indirect discrimination and the limited grounds where discrimination is permitted. An examination of the various types of harassment will also be covered.

Bullying and Stress Claims

The duties and obligations imposed upon an employer to provide a bullying and stress free working environment are examined and assessed.

Termination of the contract of employment.

Lawful means of terminating the employment contract are discussed alongside the doctrines of unfair and wrongful dismissal. This lecture also covers termination by redundancy and the various factors involved in the redundancy process including calculation of payments and collective redundancies.

Employer Liability

What is the extent of the common law duties of an employer to provide a safe place of work and safe system of work and what role do employees play in this area of liability? This lecture also includes an analysis of the concepts of contributory negligence and voluntary assumption of risk.

Health and Safety

This section looks at the area of health and safety legislation and current standards as expressed in legislation.

Confidentiality, Restraint of Trade, and Data Protection

Common law and statutory duties in relation to the acquisition, preservation and treatment of sensitive information – by both employers and employees.

Employment of Non-Nationals

Obligations on employers as regards the employment of non-nationals including an analysis of The Employment Permits Acts 2003 and 2006 and the various types of work permits available for foreign workers.