Employment Law: Contracts, Equality, and Dispute Resolution

Employment Law: Key Concepts

1. Contract Terms vs. Psychological Contract

   A written employment contract contains terms and conditions like salary, working hours, and benefits. The psychological contract is an implicit agreement between employee and employer based on mutual expectations and loyalty.

2. Benefits of a Contract

   For the employee, it provides security, legal protection, and clarity on obligations. For the employer, it offers stability and a legal framework for managing employment.

3. Standard Employment Contract Terms

   Salary, working hours, workplace location, probationary period, vacation policies, and dismissal procedures.

4. Implementing the Psychological Contract

   It is more challenging because it is based on unwritten expectations, values, and interpersonal relationships, which are subjective and can vary.

1. Psychological Contract Expectations

   Employers expect loyalty, commitment, and performance. Employees expect respect, professional growth, and a positive work environment.

2. Purpose of the Equality Act 1998

   The act aims to ensure equal opportunities and protect against discrimination based on race, gender, age, religion, sexual orientation, disability, etc.

3. Nine Grounds of Equality

   Race, gender, age, religion, sexual orientation, marital status, disability, ethnic origin, and beliefs. Examples include workplace racial discrimination or gender-based pay inequality.

4. Types of Discrimination (1998-2011)

   Direct discrimination (unequal treatment based on a protected ground) and indirect discrimination (practices that disproportionately affect certain groups).

1. "Disproportionate Burden" & Disability

   A disproportionate burden is an excessive cost for an employer to make accommodations for employees with disabilities. Positive action involves measures to increase the representation of disabled people in the workplace.

2. Fair Reasons for Dismissal

   Poor performance, misconduct, redundancy, inability to meet job requirements, company restructuring.

3. Unfair Reasons for Dismissal

   Discrimination, retaliation for whistleblowing or reporting harassment, dismissal without clear or fair reason.

4. Underperformance in the Workplace

   Failure to meet goals or required standards, low production levels, frequent errors, lack of punctuality.

1. Gender Inequality Example

   Gender pay disparities for similar or higher roles, lack of promotion opportunities for women.

2. Employee Participation

   It involves giving employees a voice in company decisions, participation in workgroups, and open communication with management.

3. Pluralist Perspective

   Recognizes multiple interests in the workplace and fosters dialogue among employees, employers, and unions.

4. Radical Perspective

   Views industrial relations as an inherent conflict between capital and labor, focusing on power and control of production.

1. Conciliation in Disputes

   A process to resolve disputes through negotiation and agreement between the parties without resorting to formal litigation.

2. Mediation as Intervention

   A neutral mediator helps the conflicting parties reach an agreement without imposing solutions.

3. WRC Adjudicator

   A figure appointed by the Workplace Relations Commission (WRC) to assess and resolve industrial disputes impartially.

4. Redundancy vs. Termination

   Redundancy dismissal occurs when a role is no longer needed. Termination is the end of the contract due to reasons like misconduct or underperformance. Voluntary termination is when an employee chooses to resign for personal reasons.

1. Redundancy Qualification & Compensation

   It is based on local legislation and years of service. Typically, an employee is entitled to compensation based on salary and service time.

2. The Workplace Relations Commission (WRC)

   The Workplace Relations Commission is an entity regulating industrial relations in Ireland. Its functions include resolving employment disputes, promoting equality, and overseeing compliance with labor laws.