Ch.1 Into To Employment Law Flashcards
Definition of law?
A system of legal principles, rules and procedures
Two main categories of law?
Civil law and criminal law
Difference between civil law and criminal law?
Civil law is concerned with protecting rights and duties of individuals, seeking redress and burden of proof is based on “balance of probabilities”.
Criminal law is concerned with the rights of society in general, punishing the offender and burden of proof must be “beyond reasonable doubt”.
Is employment law civil or criminal?
Employment law is a civil law may involve criminal proceedings
What are the two main sources of employment law?
Legislation and Case Law
What can legislation be referred to as?
Acts, statues or written law
Explain primary and secondary legislation
Primary Legislation = Act passed by the Dail.
Secondary legislation= Statutory instrument (details provided by another government body on how primary legislation should be applied
What is the main purpose of employment law?
To protect employees
Can employers/ employees contract out of their rights?
No, minimum rights can be varied upwards but never downwards
Define an employee
someone who is paid to work for someone else
Does employment law apply to those self-employed
No, employment law only applies to employees
What is case law?
Occurs where dispute arises as to what written law actually means ( the way the it can be interpreted).
Where diff interpretations are made then case goes to court. Judges decision (court ruling)becomes legally binding until overturned by a higher court.
European directives
Irish employment law must comply with EU directives. Where person feels Irish legislation does not comply with or conflicts with EU directive then they can appeal de ion of Irish court to Court of Justice of European Union.
Most employment law cases do not go directly to court but are heard by specialist bodies e.g WRC (adjudication officer) and labour court. Name some advantages of these?
Less intimidating
Cheaper and quicker
Specialised in employment law
Tell me about work place relations act 2015
Reformed employment rights and industrial relations structures. 5 bodies became 2 - Workplace Relations Commission and the labour court.
What body id responsible for enforcing the terms of employment law?
The workplace relations commission and the labour court
