Employment Law Flashcards
Unofficial industrial action is an automatically fair ground for dismissal.
Is this statement true or false?
True
What are the remedies for unfair dismissal?
- Re-instatement
- Re-engagement
- Compensation
What are the tests used by the Courts to establish whether a person is an employee or an independent contractor?
- Control
- Integration
- Multiple/economic reality
What form of dismissal occurs when an employee resigns due to an employer’s actions?
Constructive dismissal
What is summary dismissal?
Summary dismissal occurs when the employee gets fired on the spot, provided the employer shows that the employee has made a conditional breach of contract
Which form of dismissal is a common law claim?
Wrongful
Which form of dismissal is statutorily addressed?
Unfair
What must be included in the written document outlining the main terms of employment?
- Job title and description
- Length of period notice
- Names of both parties and commencement date
- Rate and method of calculating pay
- Frequency of payment
- Holiday pay entitlement and rates
- Hours of work
- Disciplinary procedures
What are the statutory duties of an employer?
- Pay and equality
- Time off work
- Maternity rights and work/life balance
- Health and safety
- Working time
Pregnancy or childbirth is an automatically unfair reason for dismissal.
Is this statement true or false?
True.
What are the elements to the remedy of compensation for unfair dismissal?
- basic award, which is linked to age, length of continuous service, up to a max of 20 years, and weekly rate of pay
- Compensatory award, which is used to compensate for loss of wages at the tribunal’s discretion
- Additional award, which can be up to 52 weeks of pay for cases such as discrimination and viewed as a punishment to the employer.
What is redundancy?
Redundancy occurs when the employer has stopped business, or halted operations in the place where the employee worked.
What are the remedies for redundancy?
The remedy of the basic award of compensation for an unfair dismissal claim.
What are some common law duties of the employee?
- A fundamental duty of faithful service
- Reasonable competence
- Obedience to reasonable and lawful instructions
- Take reasonable care
- Account for all money and property
What are some common law duties of the employer?
- A fundamental duty of mutual trust and confidence
- Paying reasonable remuneration
- Indemnify the employee for expenses incurred on the behalf of the employer
- Taking care of health and safety
- Providing work or, if there is no work, paying as if there was
Can notice of termination be given by the employer for no reason?
Yes, unless otherwise stated in the contract
A person summarily dismissed without sufficient justification can sue the employer for unfair dismissal.
Is this statement true or false?
False, they can sue for wrongful dismissal
What remedy is available for wrongful dismissal?
Damages for loss of notice period income
If a person leaves the company upon hearing about potential redundancy, can they claim redundancy pay?
No
An employee has a contract for services.
Is this statement true or false?
False, an employee has a contract of service
Does an employee have a statutory right to time off to look for work or to arrange training for other work upon being given notice of redundancy?
Yes
Employers have a statutory duty to allow an employee to have reasonable time off to carry out certain public duties.
Is this statement true or false?
True
What is re-instatement?
Reinstatement is a return to the same job without any break of continuity
Gross negligence is a valid justification for employee dismissal.
Is this statement true or false?
True
What is a worker?
A worker is an individual who works for an employer, whether under a contract of employment or any other contract where an individual undertakes to do or perform personally any work or service
Within how many months of the beginning of the employment, must the employer give an employee a written statement of prescribed particulars of their employment?
2
What is the common law distinction between gross misconduct and ordinary misconduct?
Gross misconduct justifies summary dismissal on the first occasion while ordinary misconduct is not usually sufficient grounds for dismissal unless it is persistent
What is a mobility clause?
These clauses state that the employer may require the employee to work in various locations or areas, including different countries
Is re-employment a remedy for unfair dismissal under the ERA 1996?
No.
If an employee is summarily dismissed without justification, what claim can be made?
Wrongful dismissal
