Essentials of Irish labour law / by Mary Faulkner.

By:

Faulkner, Mary

Material type: Text

TextPublication details: Dublin : Clarus Press 2018.Edition: Third editionDescription: xxxiii, 409 pages ; 24 cmISBN:

9781905536955

Subject(s):

Labor laws and legislation -- Ireland

DDC classification:

344.01 FAU

Summary: This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistleblowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more. Essentials of Irish Labour Law, Third Edition provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. This book examines the various legal structures and regulatory frameworks-domestic and European-that underpin determinations and decisions made in relation to labour law. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text.

Holdings
Item type	Current library	Call number	Status	Date due	Barcode
Standard Loan	Moylish Library Main Collection	344.01 FAU (Browse shelf(Opens below))	Available		39002100607648
Standard Loan	Moylish Library Main Collection	344.01 FAU (Browse shelf(Opens below))	Checked out	16/01/2023	39002100637470

Enhanced descriptions from Syndetics:

This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistle-blowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more.

This book provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text.

This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistleblowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more. Essentials of Irish Labour Law, Third Edition provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. This book examines the various legal structures and regulatory frameworks-domestic and European-that underpin determinations and decisions made in relation to labour law. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text.

Table of contents provided by Syndetics

Preface (p. vii)
Abbreviations (p. xiv)
Tables of Cases (p. xv)
Tables of Legislation (p. xxi)
Chapter 1 Sources (p. 1)
Legislation (p. 1)
Superior Legislation (p. 1)
Delegated Legislation (p. 2)
EU Law (p. 3)
Common Law (p. 5)
Impact on Employment (p. 6)
The Constitution (p. 8)
Unenumerated Rights Implied by the Constitution (p. 9)
Fair Procedures and Natural Justice (p. 10)
Asylum Seekers and the Right to Work (p. 13)
Convention of the Constitution (p. 15)
Citizens' Assembly (p. 16)
Employment Contracts (p. 17)
Definition of Employee (p. 19)
Prohibition of Bogus Self-Employment Bill 2018 (p. 25)
Amending Terms in a Contract (p. 28)
Chapter 2 Regulatory Framework (p. 31)
The Workplace Relations Commission (p. 31)
Functions of the Workplace Relations Commission (p. 32)
Offences under the 2015 Act (p. 40)
Workplace Relations Commission Progress Report and Commentary (p. 41)
Mediation Services (p. 43)
Conciliation Services (p. 43)
Advisory Services (p. 43)
Inspection and Enforcement Services (p. 43)
Adjudication Officers and Fair Procedures (p. 44)
The Labour Court (p. 44)
Structure of the Labour Court (p. 45)
Functions of the Labour Court (p. 45)
Duplication of Proceedings (p. 46)
Workplace Mediation Service (p. 48)
Joint Labour Committees (p. 49)
Injuries Board (formerly the Personal Injuries Assessment Board (PIAB)) (p. 54)
Personal Injuries Assessment Board Acts 2003-2007 (p. 54)
Irish Human Rights and Equality Commission Act 2014 (p. 58)
Civil Courts (p. 58)
Chapter 3 Terms (p. 61)
Minimum Notice and Terms of Employment Acts 1973-2005 (p. 61)
Terms of Employment (Information) Acts 1994-2034 (p. 63)
The Organisation of Working Time Act 1997 (p. 67)
Payment of Wages Act 1991 (p. 76)
National Minimum Wage Act 2000-2015 (p. 81)
National Minimum Wage (Low Pay Commission) Act 2015 (p. 86)
Central Statistics Office 2017 Statistics (p. 87)
Protection of Employees (Part-Time Work) Act 2001 (p. 87)
Protection of Employees (Fixed-Term Work) Act 2003 (p. 99)
Protection of Young Persons (Employment) Act 1996 (p. 110)
The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (p. 112)
Employees (Provision of Information and Consultation) Act 2006 (p. 115)
1 Negotiated Agreements (p. 116)
2 Pre-Existing Agreements (p. 117)
3 Standard Rules (p. 117)
Employment Permits Acts 2003-2014 (p. 119)
Critical Skills Employment Permit (p. 127)
Dependant/Partner/Spouse Employment Permit (p. 127)
Intra-Company Transfer Employment Permit (p. 127)
General Employment Permit (p. 128)
Contract for Services Employment Permit (p. 128)
Reactivation Employment Permit (p. 128)
Internship Employment Permit (p. 128)
Sport and Cultural Employment Permit (p. 128)
Exchange Agreement Employment Permit (p. 129)
The Vander Elst Exemption (p. 129)
Trusted Partner Initiative (p. 131)
Employment Permits Online System (p. 131)
Protection of Employees (Temporary Agency Work) Act 2012 (p. 131)
The Protected Disclosures Act 2014 (p. 135)
Making a Protected Disclosure (p. 137)
Grievance v Protected Disclosure (p. 139)
Confidentiality (p. 139)
Workplace Whistleblowing Policy (p. 139)
Types of Wrongdoing that may he Reported (p. 140)
Motivation (p. 141)
Processing a Disclosure (p. 141)
Representation (p. 141)
Promoting a Policy (p. 141)
Protections under the Act from Penalisation (p. 141)
Protection from Dismissal (p. 142)
Criminal Justice (Withholding of Information of Offences against Children and Vulnerable Persons) Act 2012 (p. 144)
National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 (p. 145)
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (p. 148)
Children First Act 2015 (p. 148)
Chapter 4 Safety, Health and Welfare (p. 153)
Sources of Safety Law (p. 154)
Common Law (p. 155)
Legislation (p. 165)
Health and Safety Authority (p. 165)
Safety, Health and Welfare at Work Acts 2005-2014 (p. 166)
General Duties of the Employer (p. 168)
General Duties of Employees (p. 173)
Protective and Preventative Measures (p. 175)
Safety Representatives and Safety Consultation (p. 179)
Penalisation (p. 180)
The Authority (p. 182)
Regulations, Codes of Practice and Enforcement Procedures (p. 183)
High Court Injunctions (p. 185)
Penalties (p. 185)
Safety, Health and Welfare at Work (General Applications) Regulations 2007-2016 (p. 192)
Part 2 Workplace (p. 193)
Part 3 Electricity (p. 194)
Part 4 Work at Heights (p. 194)
Part 5 Physical Agents (p. 194)
Part 6 Sensitive Risk Group (p. 194)
Part 7 Safety Signs and First-Aid (p. 194)
Part 8 Explosive Atmospheres (p. 195)
Part 9 Control of Artificial Optical Radiation at Work (p. 195)
Part 10 Pressure Systems (p. 195)
Part 11 Woodworking Machines (p. 195)
Part 12 Abrasive Wheels (p. 195)
Part 13 Abrasive Blasting of Surfaces (p. 195)
Safety, Health and Welfare at Work (Reporting of Accidents, Illnesses and Dangerous Occurrences) Regulations 2016 (p. 198)
Vicarious Liability (p. 199)
Maternity Protection (p. 203)
Occupiers' Liability Act 1995 (p. 204)
Public Health (Tobacco) Acts 2002-2004 (p. 204)
The Organisation of Working Time Act 1997 (p. 208)
Maximum Number of Hours Permitted to Work (p. 208)
European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012, SI 2012/36 (p. 209)
Corporate Manslaughter Bill 2016 (p. 209)
Chapter 5 Bullying and Stress (p. 211)
2007 Code of Practice (p. 213)
Employees' Rights/Duties under the Code (p. 215)
Safety Statement (p. 216)
Bullying Prevention Policy (p. 216)
Communicating the Policy (p. 217)
Procedures for Resolving Bullying in the Workplace (p. 217)
Informal Process (p. 217)
Formal Process (p. 218)
The Complaint Stage (p. 218)
The Investigation Stage (p. 219)
Appeals (p. 220)
Corporate Bullying (p. 220)
Vicarious Liability (p. 222)
Harassment (p. 223)
Stress (p. 226)
Repeated Behaviour (p. 238)
Inappropriate Behaviour (p. 238)
Dignity at Work (p. 238)
Chapter 6 Leave (p. 241)
Leave (p. 241)
Organisation of Working Time Act 1997 (p. 242)
Definition of Employee (p. 242)
Annual Leave (p. 242)
Public Holidays (p. 243)
Keeping Records (p. 246)
Penalisation (p. 246)
Absences (p. 246)
Sick Leave (p. 246)
Parental Leave Acts 1998-2006 (p. 247)
Force Majeure Leave (p. 249)
Carer's Leave (p. 252)
Adoptive Leave (p. 254)
Maternity Leave (p. 257)
Health and Safety Leave (p. 260)
Paternity Leave and Benefit Act 2016 (p. 267)
Abuse of Leave (p. 268)
Records (p. 268)
Penalisation (p. 268)
Juries Act 1976 (p. 268)
Ineligible Persons (p. 268)
Disqualified Persons (p. 269)
Persons Excused as of right (p. 269)
Chapter 7 Equality (p. 271)
Anti-Discrimination (Pay) Act 1974 (p. 274)
Employment Equality Act 1977 (p. 274)
Employment Equality Acts 1998-2015 (p. 274)
Gender (p. 276)
Civil Status (p. 281)
Family Status (p. 282)
Sexual Orientation (p. 283)
Religion (p. 286)
Age (p. 293)
Disability (p. 302)
Race (p. 311)
Membership of the Traveller Community (p. 313)
Sexual Harassment (p. 315)
Vicarious Liability (p. 319)
Victimisation (p. 319)
Equal Pay (p. 319)
Advertising Posts (p. 324)
Interview Questions (p. 325)
Exemptions (p. 326)
Irish Human Rights and Equality Commission Act 2014 (p. 326)
Irish Human Rights and Equality Commission (Gender Pay Gap Information) Bill 2017 (p. 328)
Chapter 8 Termination (p. 329)
Unfair Dismissals Acts 1977-2015 (p. 329)
Employees Excluded from the Application of the Acts (p. 332)
Types of Dismissal (p. 334)
Dismissals Automatically Deemed Unfair (p. 335)
Dismissals Deemed to be Fair (p. 340)
Capability (p. 340)
Competence (p. 342)
Qualifications (p. 343)
Conduct (p. 344)
Redundancy (p. 349)
Procedures (p. 350)
Constructive Dismissal (p. 354)
Remedies (p. 358)
Re-Instatement (p. 359)
Re-Engagement (p. 360)
Compensation (p. 361)
Protected Disclosures and Dismissal (p. 364)
Injunction (p. 364)
References (p. 365)
Retirement Age (p. 366)
Redundancy (p. 368)
Protection of Employment Acts 1977-2014 (p. 374)
Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (p. 376)
Protection of Employees (Employers' Insolvency) Acts 1984-2012 (p. 379)
Chapter 9 It Issues in the Workplace (p. 383)
General Data Protection Regulation (GDPR) 2018 (p. 383)
Data Protection Principles (p. 387)
Lawfulness of Processing (p. 387)
The Right of the Data Subject to be Informed (p. 388)
Right of Access by the Data Subject (p. 389)
Right of Rectification (p. 390)
Right to be Forgotten (p. 390)
Right to Privacy in the Workplace (p. 390)
Dismissal for Breach of Email Policy (p. 395)
Index (p. 399)

Author notes provided by Syndetics

Mary Faulkner has over 30 years' experience in lecturing, research, management and course design at third level in the area of labour law. She is the former Dean of the Honorable Society of King's Inns, Dublin and previously was the Head of the Department of International Business at the Dublin Institute of Technology.