Employment Legislation

Topics: Employment, Minimum wage, Contract Pages: 7 (1783 words) Published: May 27, 2013
Employment Legislation Awareness

After studying Employment Legislation, answer the following questions:

Terms of Employment (Information) Act (1994 & 2001)

List any six essential elements that must be contained in a contract of employment and identify any two other elements which may be found on this contract.

(1) A statement shall be given to an employee under subsection (1) notwithstanding that the employee's employment ends before the end of the period within which the statement is required to be given. (2 The particulars specified in paragraphs (g), (h), (i), (j), (k) and (l) of the said subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee's employment or which are reasonably accessible to the employee in some other way. (3) A statement furnished by an employer under subsection (1) shall be signed and dated by or on behalf of the employer. (4)  A copy of the said statement shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter. (5)


Unfair Dismissals Act (1977-2001)
When can a dismissal be regarded as unfair?

• Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. • Religious or political opinions.

• Legal proceedings against an employer where an employee is a party or a witness. • Race, colour, sexual orientation, age or membership of the Traveller community. • Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth. • Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave. • Unfair selection for redundancy.


What redress is available when an employee is unfairly dismissed?

• Reinstatement: This means that you are treated as if you had never been dismissed. Not only are you entitled to loss of earnings from the date of the dismissal to the date of the hearing, you are also entitled to any favourable changes in the terms of employment during that period for example, pay rises. This remedy is rarely used. • Re-engagement: This means that you will be given your job back but only from a particular date, for example, the date of the decision in your favour. This means that you will not be entitled to compensation for any loss of earnings. Often this remedy is used where it is felt that the employee contributed to the dismissal, even though the actual dismissal was unfair. Again, however, this remedy is rarely used. • Compensation: This is the most common remedy. It is essential to note that compensation is only awarded in respect of financial loss. You cannot therefore claim any compensation for such matters as injury to your feelings or stress caused by the dismissal. Compensation will take the following matters into account: Present loss - a calculation of your loss of earnings from the date of the dismissal to the hearing of your claim. Future loss - a calculation will be made as to your future loss, based on a consideration of how long it is likely to be before you can get alternative work. Pension loss - a calculation that will try to assess what impact the unfair dismissal has had on your pension entitlements. Loss of statutory protection - a calculation dealing with the point that you will have lost protection under the unfair dismissals, redundancy and minimum notice legislation. Contributory conduct - a calculation that will take into account any conduct by you that contributed to the...
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