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 month’s notice for the termination of contract
Holiday: 24 days per year
Advise Bob on his right to claim for unfair dismissal; whether he would win this claim; where he can claim and what he could hope to get as a remedy.
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 been working long hours, some weeks up to 60 hours per week and a couple of weeks ago she worked 2 straight weeks without a day off. She asked her boss for force majeure
leave but this was refused. Her boss says they are very busy at the moment and she can’t be spared. A few months ago she was out sick for 2 weeks but only got paid for one and she thinks she should have been paid for both weeks, under legislation.
Advise Maria on her rights in relation to working hours, leave and sick pay, with particular emphasis on the impact of EU Law on her working hours.
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.
THE FOLLOWING LEARNING OUTCOMES WILL BE ASSESSED IN THIS BRIEF: 8, 11,12, 14, 15.
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)
Assignment should be typed (font size 12 Times New Roman) on A4 size paper.
Typing should be 1.5 spacing.
Questions must be numbered clearly.
A bibliography should be included on the last page, on its own. (This page is not numbered and is not included in the word count).
Harvard Referencing needed.
You must submit via Moodle and give a printed copy in class.
I declare that this material, which I now submit for assessment, is entirely my own work and has not been taken from the work of others, save and to the extent that such work has been cited and acknowledged within the text of my work. This assignment, or any part of it, has not been previously submitted by me or any other person for assessment on this or any other course of study.
I understand that plagiarism, collusion, and copying is a grave and serious offence in LMETB, and I accept the penalties that may be imposed should I engage in plagiarism, collusion, or copying.