Search This Blog

Monday 13 January 2014

Unit 1 answer guidelines for short questions


2002 / 2000 Q1

·         Involves a third party, an arbitrator.  They will listen to both cases.

·         They will issue a legally binding decision.  Both parties must accept the arbitrators decision

·         Examples

o    Consumer Conflict – District Court

o    Industrial Conflict – Labour Court and EAT

2004 Q1

·         Arbitration

Involves a third party - Arbitrator
Give a legally binding decision
Example the Labour Court and EAT

·         Conciliation
Involves a third party – conciliator
Gives a non-binding recommendation
Example Labour Relations Commission

2005 Q1

This is an element of a legal contract
It is a person’s capability to enter a contract

(i)                               If they are under 18

(ii)                             If they are under the influence of illegal drugs or alcohol

2007 Q8

Employee and Employer
Competitive – not getting along (conflict)

·         Pay
Employee – want high pay for high productivity
Employer – aim to make a profit and to maximize profits they want to keep wages down

Q5

·         It is an element of a valid contract
Every contract must fulfill 7 elements

·         It is the money value of the contract
Every contract has a financial element

·         If a house is sold for €350,000, €350,000 is the consideration.

2008

Q9

         I.            Gender – can not differentiate between male and female

        II.            Family status- employees who are parents or those without children

      III.            Religious Beliefs- different religions or no religion

      IV.            Disability – physical, intellectual or emotional

       V.            Age – younger or older

 Q2

Offer – A party in a contract can make an offer to enter into a contract.  However, contract will only exist when there is an identical acceptance.
Invitation to treat- The seller puts goods up for sale and awaits offers on the goods.  Offers can be accepted or rejected.  People are invited to make offers

2009 Q8

(a)
·         It is an element of a valid contract

·         It is the money value of the contract

·         If a house is sold for €350,000, €350,000 is the consideration.
(b)
(i) Agreement – Must have an identical offer and acceptance.  It can be oral, conduct or in writing
(ii)Capacity – The people involved must be capable of entering a legally binding contract.  E.g. Over 18

 2010 Q9

(i)Fair selection for redundancy – last in first out or offer voluntary redundancy.
(ii) Misconduct – engage in an illegal or inappropriate activity in the workplace e.g. steal, fight
(iii)Not qualified – if it is found the employee lied about their level of education / qualifications and they in fact are not qualified to do the job

2011 Q7


(i)                             Official Strike – where workers take a secret ballot and the majority vote to stop work.  They give the employer 1 weeks notice.

(ii)                           Work to rule – where workers only carry out duties outlined in the contract of employment.  They refuse to do any extra work e.g. Overtime.

2012 Q2

1. D
2.A
3. E
4.
5.F

2013

Q7

·         Unfair dismissal

When an employee is forced out of employment
·         Conditions are intolerable

The employer of a follower worker make it impossible for the employee to remain in their position
·         There is redress for constructive dismissal

The employee may take their case to the rights commissioner and they must prove they were forced out.  If proven they may receive compensation of up to 2 years pay.

Q2

National Consumers Agency
         I.            Inform customers of their rights
This is done in numerous ways, by a website, phone line, consumer rights cards
        II.            Investigates breaches of consumer laws
If the Sale of Goods and Supply of Services Act 1980or Consumer Protection Act2007 are broken the NCA will investigate.

Know each of the following and what they do:

NCA National Consumer Agency
LRC Labour Relations Commission
IRO Industrial Relations Officer
RC Rights Commissioner
EAT Employment Appeals Tribunal
CAI Consumer Association of Ireland
IBEC Irish Business Employers Confederation
ICTU Irish Congress of Trade Unions
IFA Irish Farmers Association
SIPTU Service Industrial Professional Technical Union

No comments:

Post a Comment