The Aim of the Diploma in Employment Law is to:

• Develop an understanding of the sources of and rationale behind Irish employment law .
• Explain the impact current legislation has on the key aspects of employment practice.
• Demonstrate detailed knowledge of the characteristics of a contract of employment, including statutory and EC law regulation of the employment relationship.
• Appreciate the role of law in regulating working conditions and promoting fairness, equality and best practice in the workplace.
• Demonstrate awareness of the practices and procedures relating to disciplinary matters.
• Describe types, legal provisions and rights relating to discrimination.
• Appreciate how the law has developed to grant family friendly rights to employees.
• Appreciate the legal significance of HR policies and procedures, particularly in relation to disputes or legal action.
• Critically evaluate the impact of an aspect of employment law on working conditions in their own vocational area.

Diploma in Employment Law - The Regulatory Framework

• Understand the key sources of Irish employment law.
• Describe the terms under the main pieces of employment legislation.
• Distinguish between the different institutions associated with regulating the employment relationship:
  • The Rights Commissioner Service
  • The Employment Appeals Tribunal
  • The Labour Relations Commission
  • The Labour Court
  • The Labour Inspectorate
  • The Equality Tribunal

The Courts

• Assess the impact of the Data Protection Act 1988 on procedures for storing employee information in the workplace.
• Evaluate how the law has developed to grant family friendly rights to employees.
• Outline the steps in processing a claim and seeking redress under the Acts.

Contracts of Employment

• Appreciate the distinction between employees and other persons who carry out work for another.
• Explain the rights of voluntary workers or those employed through state sponsored employment schemes.
• Distinguish between contracts of service and contracts for services.
• Demonstrate a general basic understanding of the cont ract of employment.
• Outline the rights, duties and responsibilities of employers and employees under common and statute law.
• Understand the status and interpretation of express contractual provisions and of collectively bargained agreements.
• Understand the status of implied contractual terms at common law.
• Understand pay definitions and legal rights in relation to pay and pension.
• Explain the statutory provisions and rights of working parents.
• Explain the principle of natural justice as it relates to disciplinary and grievance procedures in the workplace.

Discrimination

• Explain the main provisions of the Employment Equality Acts 1998 and 2004, and the Equal Status Acts 2000-2004.
• Describe the concepts of discrimination (direct and indirect), harassment, sexual harassment and victimisation.
• Explain the role of the Equality Tribunal in relation to the nine protected grounds.
• Describe investigation of complaints procedure and remedies available under the acts in relation to discrimination.
• Explain the relevance of the Human Rights Act 2003.

Dismissal and Redundancy

• Outline the main provisions of the Unfair Dismissals Acts 1977-2001.
• Explain the relationship between the different claims which maybe made upon the termination of a contract of employment.
• Explain the issues relating to a claim for breach of contract and wrongful dismissal.
• Describe the remedies available under the acts in relation to unfair dismissal.
• Explain the issues relating to a claim for constructive dismissal.
• Understand the protections and entitlements available to an employee who is made redundant.

Health & Safety at Work

• Explain the legislative framework of health and safety.
• Describe the main provisions of the safety, health and welfare at work act 1989 and selected regulations there under.
• Describe the main provisions of the safety, health and welfare at work bill 2004.
• Provide an overview of working time regulations.
• Describe the legal entitlement to rest breaks and the calculation of holiday entitlement.
• Identify an employee’s right and entitlements when absent from work due to ill- health.
• Describe the key recommendations of the report the task force on the prevention of workplace bullying.
• Explain the concept of employers’ liability in negligence at common law.

Collective Employment Law

• Outline employee and employer rights relating to trade union membership and representation.
• Understand the rights of association and dissociation under the constitution.
• Outline the legal effects of collectively bargained agreements.
• Describe the main provisions the industrial relations acts 1946-2004.
• Explain the concept of a ‘trade dispute’.
• Distinguish between the different forms of industrial action, including primary and secondary picketing.
• Explain trade unions’ immunity from suit.
• Evaluate the limited availability of the ‘strike’ injunction.