5N2091 Business Law Assignment: Unfair Dismissal, Employee Rights & Employment Contracts, QQI Level 5

Assignment:

Candidates are required to answer all of the questions following each scenario referencing relevant legislation.

Question 1

Fine Furniture has just received a claim form 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 are completed satisfactorily, private health insurance, subsidised canteen

Notice:            three months’ notice for the termination of the contract

Holiday:          24 days per year

1. 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
2. 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

Question 2

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 the 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.

Question 3

For this question, use the extracts from the sample employment contract of employment attached.

Say whether you think this is 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

Presentation Guidelines

• Assignment should be typed (font size 12 Times New Roman) on A4 size
• Typing should be 1.5
• Questions must be numbered
• 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).

Plagiarism Declaration:

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.

Extracts from a Sample Contract of Employment

• Date of Commencement: 12th day of September 2013.
• Job Function: The Employee shall be employed as salesclerk and he/she shall also be required to carry out associated functions as the Company may from time to time require.
• 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
• 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,
• Annual Leave: In addition to the nine Public Holidays, twenty working days of the holiday are allowed during a full calendar year, from 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.
• Notice Periods: Staff who wish to terminate their employment with the Company are expected to give the following notice:All Employees on Probation – 1 weekEmployees appointed to Permanent Staff – 1-monthSenior/Management Staff – 2 monthsor 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.

Guidelines for Business Law Assignment Two

• Number each question, submit the questions in order and use clear headings and layout.
• OSCOLA/Harvard referencing throughout the assignment and OSCOLA/ Harvard style bibliography on the last page on its own.
• Law must do OSCOLA and Business Groups must use Harvard.
• Correct use of grammar, spelling, punctuation, etc.

Question 1

Part A

• Advise Bob on his right to claim for unfair dismissal – discuss relevant legislation and then discuss Bob’s specific situation advising whether, in your opinion, he has a right to claim for unfair dismissal or not.
• Whether he would win this claim – your opinion backed up with a legislative argument.
• Where can he claim – where or who do you go to make an unfair dismissal claim? Refer to relevant legal bodies.
• What he could hope to get as a remedy – discuss the remedies for unfair dismissal. Part B
• Advise Fine Furniture on their rights in this claim – discuss relevant legislation and then discuss Fine Furniture’s specific situation advising whether, in your opinion, they had a right to dismiss Bob or not.
• Dismissal procedure they should have followed – with reference to relevant legislation, explain the full dismissal procedure Fine Furniture should have followed to dismiss Bob.

Question 2

• Discuss with reference to relevant legislation, the rights employees have in relation to; Use these as side headings; explain the general legislation and understanding of each one first…

• 1. working hours,
  2. leave (annual leave and force majeure) and
  3. sick pay.

• Use these as side headings AGAIN; specifically discuss the impact of each on Maria’s working hours.

Question 3

• Say whether you think this a contract of service or a contract for service – define both and then give your opinion on which one you think it is and why.

Explain the key terms.

• Probationary Period
• Organisation of Working Time Act 1997
• Annual Leave
• Minimum Notice and Terms of Employment Acts 1973-2001
• Notice Periods (table)
• Compare and contrast the elements in the contract to the minimum rights contained in the relevant legislation – Give the minimum rights contained in the relevant legislation; (Use these as side headings, explain the general legislation and understand each one first…)

1. Working hours
2. Annual Leave
3. Notice Periods

• Then, use these as side headings AGAIN and compare these to the contract, do they match, is the contract legal etc.