Module Title: Business Law
Tutor: Mark O’Sullivan
Issue Date: 14th February 2020
Due Date: 27th March 2020
You are required to: Answer the questions below.
Include a bibliography of any sources you use.
Learning Outcomes Assessed:
8, 10, 11, 12, 14, 15
Fine Furniture has just received a claim from an ex-employee, Bob Davies. Bob was formerly employed in the factory as a skilled woodworker and had worked there for 5 years. Bob is 50 years old. Bob’s job involved helping fit bespoke kitchen units that had been manufactured in the factory. Bob would ensure that the units were fitted into client’s kitchens in order to produce an excellent finish. Bob was spotted by Ross last week in one of Fine Furniture’s vans in his uniform at an address that was not an existing customer of Fine Furniture. When challenged, Bob was unable to account for his presence at the address.
Ross was angry as Bob was clearly “moonlighting” and asked Bob to meet him and Adam at a meeting later the same day. At the meeting, Bob was dismissed for “moonlighting” and told to leave immediately without any pay. Bob was not given an opportunity to speak and he was not told of a right to appeal. In his claim form, Bob states that other employees had also been found “moonlighting” but had merely been given warnings and not dismissed.
He claims that Ross saw him at 9am and he was on his way to his first job. He admits that he had done a quick woodwork job but it was outside of office hours.
Extracts from Bob’s contract of employment:
Salary: €24,000 per annum
Benefits: €500 bonus per month if all fitting jobs completed satisfactorily, private health insurance, subsidised canteen
Notice: Three months’ notice for the termination of contract
Holiday: 24 days per year
A. Advise Bob on his right to claim for unfair dismissal; whether he would win this claim; and where he can claim and what he could hope to get as a remedy.
B. Advise Fine Furniture on their rights in this claim, advising whether they can say this was a fair dismissal or not and the dismissal procedure they should have followed.
Maria Smith has been employed with USB Electronics full-time for the last 3 years. Recently she has let her employers know that she will be expecting her first child later in the year having been given a due date of 15th June.
Advise Maria on her rights in relation to Maternity and Parental Leave and also Paternity Leave entitlements for her husband John. Reflect as to the impact on EU Legislation on these entitlements
For this question use the extracts from the sample employment contract of employment attached.
Say whether you think this a contract of service or a contract for service and why.
Using this contract explain any key terms in Employment Law and compare and contrast the elements in the contract to the minimum rights contained in the relevant legislation.
Assessment Criteria: Marks:
Understanding and knowledge 6%
Application of law 7%
Realistic solutions based on solid legislative argument 7%
Reflection on role and impact of EU legislation 6%
Extracts from a Sample Contract of Employment
(i) Date of Commencement: 12th day of September 2019.
(iii) Job Function: The Employee shall be employed as sales clerk and he/she shall also be required to carry out associated functions as the Company may from time to time require.
(iv) Probationary Period: A probationary period of 6 months will apply. A letter, notifying the Employee of his/her appointment to permanent staff, will be issued at the end of a successfully completed Probationary Period.
(v) Hours of Work: The hours of work shall be 8 a.m. to 5 p.m., or a total number of up to 50 hours per week, as shall be set out by the Company from time to time but in any event shall at all times be in compliance with the provisions of the Organisation of Working Time Act, 1997.
(vii) Annual Leave: In addition to the nine Public Holidays, twenty working days holiday is allowed during a full calendar year, 1st January to 31st December in accordance with the provisions of the Organisation of Working Time Act, 1997.
On termination of employment, the entitlement will be a proportion of the appropriate annual holiday based on the number of calendar months completed during the calendar year of departure, subject to a minimum period of notice under the Minimum Notice and Terms of Employment Acts 1973-1991.
(xiii) Notice Periods: Staff who wish to terminate their employment with the Company are expected to give the following notice:
All Employees on Probation – 1 week
Employees appointed to Permanent Staff – 1 month
Senior/Management Staff – 2 months
or in times of conflict in accordance with Section 4 of the Minimum Notice and Terms of Employment Act, 1973. Notwithstanding the foregoing, the Company, may, at its discretion, waive its right to notice.