Assignment: Legal Advice on Employment Rights, Design Protection & Business Liability in Ireland

Continuous Assessment – Part 2

Topic 1

Brigid has been working for clothing designer firm Calvin K Ltd as a secretary for the past two years but has never let her boss Calvin or work colleagues know that she is a member of the travelling community as she says it is none of their business. When she became pregnant last year, she applied for and was granted maternity leave. Prior to her departure on maternity leave fellow employees had been giving her a hard time, calling her names and asking which halting site she was living in. For months she had also complained that other work colleagues had been smoking cigarettes in the canteen and that this was a health and safety issue for her, particularly as she was pregnant. She claims that Calvin ignored her complaints as he is also a heavy smoker, smoking in the office all the time and Calvin told her that he was tired of all her complaining. Having notified the company of her pending return in writing six weeks before her intended return, she was advised by Calvin that they no longer have work for her.
Advise Brigid with reference to legal authority.

(25 Marks)

Topic 2

Calvin designed a range of clothing on 20th June 2024 and was successful in getting three premier high fashion retail chains in Ireland to buy the range for their Spring collections. Although the range was doing exceptionally Calvin was contacted by his more prestigious customers who advised him that one of Ireland’s leading low-end retailers ‘Lunnes Stores’ was selling an identical range to Calvin’s, which is retailing some 80% below what Calvin’s customers were selling the range at. Calvin is now at risk of losing his prestigious clients and is worried if he has protection for his designs because he never registered his designs on account of the short product life span and constantly changing fashion industry.
Advise Calvin with reference to legal authority.

(12.5 Marks)

Topic 3

When Calvin set up his own business as a designer a few years ago he was operating as a sole trader but decided to convert the business into a limited company last year. Due to the economic downturn a lot of his clients have been using graduates and final year design students to do their design work at knock-down prices. At this stage the company is insolvent. Calvin is worried that if there are insufficient funds he might have to pay any outstanding debts out of his own personal money. ‘Woodcaster Bank PLC’ insisted that Calvin and his wife Maria sign a personal guarantee to secure the company’s overdraft which is now running at €30,000. He owns his family home outright with his wife Maria. Maria is also concerned that she might lose the family home as the bank insisted on taking a charge on the family home as security for the company’s business loan. When Maria co-signed the security with Calvin she was not fully aware of the consequences of potentially losing the family home if the company was in default.
Advise Calvin with reference to legal authority.

(12.5 Marks)

(Total 50 Marks)