UCD Commercial Law Centre

Handling Employment Law Issues 2009

Do your professional duties require you to have a familiarity with employment law and practice?

The Thirteenth Annual Employment Law Course is designed to take delegates through the important legal issues arising in the employer/employee relationship in its totality from the formation of the contract of employment to its termination whether by agreement or in conflict.

In addition to an emphasis on

• Ensuring effective contracts of employment
• Legal and statutory rights of employees
• Injunctions to restrain dismissals
• Avoiding unfair dismissal claims
• Bullying, stress and harassment in the workplace

To reflect recent legal developments and the new economic environment, the course will contain a new focus on

• The Employment Law Compliance Bill 2008 and the powers of the National Employment Rights Authority (NERA)
• Employee Rights on the Transfer of Undertakings
• Letting Employees Go – Staying on the Right Side of the Law
• Redundancy

The course, which is a comprehensive practical overview of the employment relationship, will be given by a panel of specialist practitioners with wide experience of advising on employment law issues.  Delegates will have ample opportunity to discuss issues of concern with experienced practitioners.  Extensive materials will be available for each session and will be invaluable for future reference.

Date

15th January – 19th March 2009 (Thursday’s weekly)
7.00 p.m. – 9.00 p.m. (Refreshments each evening from 6.30 p.m.)

Venue

William Jefferson Clinton Auditorium (formerly University Industry Centre), University College Dublin, Belfield, Dublin 4.

Located beside Car Park 3 (opposite athletics track).

Vehicular access is possible only through Stillorgan Gate Entrance to UCD.

Cost

€850 (to include seminar materials and refreshments)              
10% discount for three or more delegates from the same company on the same booking form. You may substitute delegates at any time.  Please notify us of the changes.  You will be charged full course fee unless cancellation of course has been received no later than Monday, 12th January 2009)

Booking

The attached booking form must be completed and returned in order to reserve places.

CPD

20 Hours. Certificates of attendance will be provided

Contact

Tel: (01) 716 8763

Fax: (01) 269 3463

E-Mail: clc@ucd.ie 

SEMINAR SCHEDULE

SESSION I
Thursday, 15th January

A. SOURCES OF IRISH EMPLOYMENT LAW
Including

• Statute, EU Legislation, Common Law

The adjudicative structure for employment law disputes

B. The Contract of Employment
Including

• Categories of employees including fixed-term, temporary and part-time employees, independent contractors
• Protection of employees (Part-Time Work Act 2001
• Protection of employees (Fixed-Term) Work Act 2003
• Formation of the contract of employment
• Terms of Employment (Information) Act 1994

• Interview
• References, medicals and other checks
• Offer of employment

• Terms unexpressed but implied in fact
  

Marguerite Bolger, Barrister-at-Law

SESSION II
Thursday, 22nd January

A. The Common Law and Statutory Obligations of Employer and Employee
Including

• Express terms, implied terms, industry custom and practice
• Duties if the employer/employee
• Duty of fidelity
• Duty to maintain trust and confidence in employment
• Common causes of breach of duty
• Remedies for breach of the duty of trust and confidence
• Variation of the Contract of Employment
• Employees (Provision of Information and Consultation) Act 2006
• The Code of Practice

Cathal McGreal, Barrister-at-Law

B. Privacy and Confidentiality in the Workplace
Including

• Employee’s rights of privacy
• Monitoring use of the internet
• Surveillance of E-mails
• Data Protection Act 1988
• Freedom of Information Act
• EC (Data Protection and Privacy in Telecommunications) Regulations 2002
• Ensuring an effective workplace technology policy
• Herrity v Associated Newspapers - Irish High Court Award of €90,000 punitive damages for breach of privacy rights
• Employee medical Information

Ciaran O’ Mara, O’ Mara, Geraghty, McCourt Solicitors

SESSION III
Thursday, 29th January

  A. THE ORGANISATION OF WORKING TIME
Including

• Maximum 48 hour week
• Obligation on employers
• Exceptions and contracting out
• Annual Leave
• Record keeping/Monitoring issues
• Excessive hours and stress claims
• Teleworking
• Recent decisions
• EU Commission proposal to amend working time directive (Sept, 2004)

B.  HEALTH AND SAFETY AT WORK
Including

• Safety, Health and Welfare at Work Act 2005
• Understanding the new regime

Geoffrey Shannon, Solicitor, Law School, Law Society of Ireland  

SESSION IV
Thursday, 5th February

BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE
Including

• Personal injury claims for occupational stress – latest case law
• Bullying and harassment
• Employment Equality Act 1998 (Code of Practice)(Harassment) Order 2002
• Constructive dismissal
• Putting in place an effective workplace policy

John Eardly, Barrister-at-Law

SESSION V
Thursday, 12th February

UNFAIR DISMISSALS
Including

• Overview of statutory regime
• ‘Actual’ and ‘Constructive’ dismissal
• How constructive dismissal is established
• Employer’s standard of reasonableness
• Employee remedies – compensation, reinstatement, re-engagement
• Redundancy

Jennifer Clarke, Solicitor, LK Shields

SESSION VI
Thursday, 19th February

A. LEGAL PROBLEMS ARISING FROM THE BREAKDOWN OF THE EMPLOYMENT RELATIONSHIP
Including

• Wrongful Dismissal v Unfair Dismissal
• When will a dismissal qualify as wrongful?
• Remedies for wrongful dismissal
• Injunctions to restrain dismissals
• Garden Leave

Tom Mallon, Barrister-at-Law

B. ENSURING COMPLIANCE WUTH EMPLOYMENT LEGISLATION
Including

• The Employment Compliance Bill 2008
• The Role of the National Employment Rights Authority
• Powers for Authorised Offices of NERA including powers of entry, inspections, examination and investigation of alleged offences under the Act
• How employers should ensure compliance

Ian Moore, A&L Goodbody Solicitors

SESSION VII
Thursday, 26th February

INVESTIGATING COMPLAINTS IN THE WORKPLACE – LAW AND BEST PRACTICE
Including

• Ensuring procedural fairness
• Planning the investigation
• Conducting the interview
• Investigation Reports

Paul Glenfield, Head of Employment and Equality Law Group, Matheson Ormsby Prentice

SESSION VIII
Thursday, 5th March

A. EMPLOYMENT RIGHTS AND BUSINESS TRANSFERS
Including

• Protection of Employees on Transfer of Undertakings Regulations 2003
• Legal Effects of a Transfer
• Safeguarding Employee Rights

Gary Byrne, BCM Hanby Wallace

B. LETTING EMPLOYEES GO
Including

• Complying with Contractual Obligations
• Fair Procedures
• Redundancies

Paul Gough, Solicitor, Eugene F. Collins

SESSION IX
Thursday, 12th March

EMPLOYMENT EQUALITY
Including

• General Principles of Employment Equality Law
• Employment Equality Act 1998 – Background and Overview
• Equality Act 2004
• The Role of the Equality Tribunal
• The Outlawed Grounds of Discrimination
• Discrimination and the Employment Interview
• Equal Pay

Ronnie Neville, Solicitor, Mason Hayes & Curran

SESSION X
Thursday, 19th March

ENTITLEMENTS TO DOMESTIC LEAVE
Including

• Maternity Protection (Amendment) Act 2004
• Parental Leave
• Adoptive Leave
• Carer’s Leave