Unit 1 by Scott Beaton https://padlet.com/sb421/Unit1 Laws en-us 2018-04-02 15:01:24 UTC 2026-01-08 00:21:10 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Hotsun.png Relationships sb421 https://padlet.com/sb421/Unit1/wish/247827665 Co-operative: common goals - "win-win" situation

Competitive: different aims - gain an advantage over one another]]> 2018-04-02 15:04:20 UTC https://padlet.com/sb421/Unit1/wish/247827665 Employer/Employee sb421 https://padlet.com/sb421/Unit1/wish/247828028 Co-operative:
  • trade union recognition (results in fewer strikes)
  • training (more efficient)

Competitive:
  • New technology (redundancies -> strikes)
  • Reduced wages (less cooperation, lower morale)
]]> 2018-04-02 15:05:24 UTC https://padlet.com/sb421/Unit1/wish/247828028 Competing Businesses sb421 https://padlet.com/sb421/Unit1/wish/247829096 Co-operative:
  • generic marketing and area promotion
  • sharing shipping containers

Competitive:
  • lowering prices
  • providing better product/service
]]> 2018-04-02 15:08:31 UTC https://padlet.com/sb421/Unit1/wish/247829096 Producers/Consumers sb421 https://padlet.com/sb421/Unit1/wish/247829660 Co-operative: 
  • customers get fair price - business gets profits
  • brand loyalty

Competitive:
  • customers choose lower price from competitor
  • producer offers bad quality/after-sales service and consumers go elsewhere
]]> 2018-04-02 15:09:58 UTC https://padlet.com/sb421/Unit1/wish/247829660 Entrepreneur/Investor sb421 https://padlet.com/sb421/Unit1/wish/247830248 Co-operative:
  • good return on investment
  • honest/transparent information

Competitive:
  • no information about business/low dividends result in investor leaving
]]> 2018-04-02 15:11:48 UTC https://padlet.com/sb421/Unit1/wish/247830248 Sources of conflict sb421 https://padlet.com/sb421/Unit1/wish/247831057
  • BOD want maximum profits but management need finance for spending
  • Businesses charging higher prices than consumers are willing to pay
  • Leadership styles - no consultation
  • Industrial relations issues
  • Problems with suppliers - dates, length of credit, quality
    • ]]>     2018-04-02 15:14:09 UTC https://padlet.com/sb421/Unit1/wish/247831057     Non-legislative methods of conflict resolution sb421 https://padlet.com/sb421/Unit1/wish/247831757
  • Negotiate a solution: offers and counter-offers, low-key and fast
  • Conciliation: agreed third party hears issues and suggests non-binding solution
  • Mediation: intervenes only when there is a 'deadlock' and suggests proposals
  • Arbitration: both parties agree in advance to accept the solution of an agreed third party, legally binding
    • ]]>     2018-04-02 15:16:17 UTC https://padlet.com/sb421/Unit1/wish/247831757     Law of contract sb421 https://padlet.com/sb421/Unit1/wish/247834007 Contract: legally binding agreement that is enforceable by law

    Elements:
    1. Agreement: offer(commitment to be bound by a contract if accepted) and acceptance(must be identical to offer), acceptance can be oral, in writing or by conduct
    2. Consideration: monetary value of an enforceable contract
    3. Intention: during negotiations, it must be the intention of both parties that a contract exists
    4. Capacity: must be over 18, of sound mind, not intoxicated, and must be part of the objects in the MOA
    5. Consent: both parties must voluntarily consent to the agreement
    6. Legality of form: some contracts must be in writing to be valid
    ]]>     2018-04-02 15:22:21 UTC https://padlet.com/sb421/Unit1/wish/247834007     Invitation to treat sb421 https://padlet.com/sb421/Unit1/wish/247837589
  • Invitation to make an offer to buy some product at the advertised price
  • Retailers can accept/reject the offer
    • ]]>     2018-04-02 15:31:59 UTC https://padlet.com/sb421/Unit1/wish/247837589     Cessation of an offer sb421 https://padlet.com/sb421/Unit1/wish/247838103
  • death
  • not accepted within time period specified by offerer
  • withdrawn/revoked before acceptance
  • offeree makes a conditional acceptance(counter-offer)
    • ]]>     2018-04-02 15:33:22 UTC https://padlet.com/sb421/Unit1/wish/247838103     Termination of a contract sb421 https://padlet.com/sb421/Unit1/wish/247838905
  • By performance: both parties fulfil their obligations
  • By agreement: mutual consent to end contract (clause in employment contracts)
  • By breach of contract: failure to fulfil one side of deal
  • By frustration: unforeseen circumstances(death, bankruptcy, goods to be delivered are stolen/destroyed by fire)
    • ]]>     2018-04-02 15:35:31 UTC https://padlet.com/sb421/Unit1/wish/247838905     Remedies for a breach of contract sb421 https://padlet.com/sb421/Unit1/wish/247842228 Damages: financial compensation to the injured party
    Specific performance: court orders terms be carried out as agreed(sale of land, for example)
    Rescind the contract: court orders contract be cancelled, and both parties revert to previous position]]>     2018-04-02 15:44:16 UTC https://padlet.com/sb421/Unit1/wish/247842228     Sale of Goods and Supply of Services Act 1980 sb421 https://padlet.com/sb421/Unit1/wish/247843769
  • Merchantable quality: fit for normal use, and quality should correspond to price
  • Fit for the purpose: should be fit for its stated/obvious purpose
  • Sale by description: must match descriptions provided
  • Sale by sample: must match samples shown 
  • Ownership and quiet possession: seller must have proper claim on the goods
  • Contract for the sale of vehicles: cars must be free of dangerous defects, unless the car isn't going to be used for that purpose
    • ]]>     2018-04-02 15:48:24 UTC https://padlet.com/sb421/Unit1/wish/247843769     Guarantees sb421 https://padlet.com/sb421/Unit1/wish/247846752
  • Retailers are responsible for a manufacturer's guarantee
  • Consumers can claim against either
  • Guarantee applies to not only buyer/hirer, but the owner(EG. gifts are under guarantee)
    • ]]>     2018-04-02 15:56:38 UTC https://padlet.com/sb421/Unit1/wish/247846752     Unsolicited goods sb421 https://padlet.com/sb421/Unit1/wish/247847740
  • Inertia selling
  • It is illegal to demand payment for unsolicited goods
  • Consumers can keep goods if they wait:
    • Six months without preventing collection
    • 30 days after sending written notice, including name, address and where goods can be collected
    • ]]>     2018-04-02 15:59:20 UTC https://padlet.com/sb421/Unit1/wish/247847740     Services sb421 https://padlet.com/sb421/Unit1/wish/247848969
  • Appropriate skill required
  • Due care and attention
  • Materials used must be of merchantable quality
    • ]]>     2018-04-02 16:03:22 UTC https://padlet.com/sb421/Unit1/wish/247848969     Redress sb421 https://padlet.com/sb421/Unit1/wish/247849480
  • Repair
  • Replacement
  • Refund
  • Credit note - only acceptable if consumer is willing to accept it
    • ]]>     2018-04-02 16:05:13 UTC https://padlet.com/sb421/Unit1/wish/247849480     Small claims procedure sb421 https://padlet.com/sb421/Unit1/wish/247849892 Deals with claims of breaches of consumer law of up to €2,000, for a fee of €25.
    It is speedy, low-key and cost effective.
    Excluded from the small claims procedure are claims arising from:
    1. a hire-purchase agreement
    2. a breach of a leasing agreement
    3. debts 
    ]]>     2018-04-02 16:06:36 UTC https://padlet.com/sb421/Unit1/wish/247849892     Consumer Protection Act 2007 sb421 https://padlet.com/sb421/Unit1/wish/247851698 Set up National Consumer Agency]]> 2018-04-02 16:11:57 UTC https://padlet.com/sb421/Unit1/wish/247851698 Competition and Consumer Protection Act 2014 sb421 https://padlet.com/sb421/Unit1/wish/247851935 Set up CCPC - joined NCA and Competition Authority]]> 2018-04-02 16:12:48 UTC https://padlet.com/sb421/Unit1/wish/247851935 CCPC sb421 https://padlet.com/sb421/Unit1/wish/247852486
  • Provides information on consumer rights
  • Encourages businesses to comply with consumer law
  • Investigates breaches of consumer law
  • Publishes "Consumer Protection List"
  • Prohibits false advertising
  • Advises policy makers in relation to consumer law
  • Assess mergers
  • Enforce product safety regulations
    • ]]>     2018-04-02 16:14:37 UTC https://padlet.com/sb421/Unit1/wish/247852486     Industrial Relations Act 1990 sb421 https://padlet.com/sb421/Unit1/wish/248151784
  • Immunity: must be an official dispute(secret ballot and 1 week's notice, ICTU approval)
    • If it's only one worker, all other options must be exhausted(Right's Commissioner)
  • Trade dispute: a dispute that is connected to the employment/non-employment or terms of employment of a person.
  • Legitimate reasons for a trade dispute: dismissal, trade union recognition, pay and conditions, discrimination
  • Illegitimate reasons: politics, running of the business, enforcing a closed shop agreement.
    • ]]>     2018-04-03 15:01:36 UTC https://padlet.com/sb421/Unit1/wish/248151784     Set up the Labour Relations Commission - now the Workplace Relations Commission sb421 https://padlet.com/sb421/Unit1/wish/248156438
  • WRC set up on 1st October 2015 under the Workplace Relations Act 2015
  • Deals with all cases at first instance
    • Assumes role of:
    • National Employment Rights Authority
    • Equality Tribunal
    • LRC
    • Rights Commissioners Service
    • Complaints/referrals from Equality Appeals Tribunal 
    ]]>     2018-04-03 15:10:03 UTC https://padlet.com/sb421/Unit1/wish/248156438     Trade unions sb421 https://padlet.com/sb421/Unit1/wish/248157272 Trade unions are registered under the Trade Union Acts 1871-1990. Trade unions are established to represent workers in their relations with employers or to act as representative bodies for particular interest groupings.]]> 2018-04-03 15:11:43 UTC https://padlet.com/sb421/Unit1/wish/248157272 Industrial action sb421 https://padlet.com/sb421/Unit1/wish/248158085 Picketing: 
    • Primary: legal, picketing business involved in dispute
    • Secondary: illegal, picketing another employer(eg. a supplier) to make the strike more effective
    Other forms:
    1. Official strike: secret ballot, week's notice, ICTU approval
    2. Unofficial strike: strike without union approval, WRC refuses to intervene
    3. Work-to-rule: 'go-slow' by workers, still deserve wages but minimum output
    4. Wild-cat strike: no warning, resolved quickly, no immunity
    ]]>     2018-04-03 15:13:18 UTC https://padlet.com/sb421/Unit1/wish/248158085     Labour Court sb421 https://padlet.com/sb421/Unit1/wish/248162520
  • Deals with appeals
  • Free
  • Not a court - it is an Industrial Relations Tribunal
  • Arbitration service
  • Establishes JLCs
  • Provides opinion on codes of practice according to Industrial Relations Act 1990.
    • ]]>     2018-04-03 15:22:01 UTC https://padlet.com/sb421/Unit1/wish/248162520     Rights Commissioner sb421 https://padlet.com/sb421/Unit1/wish/248163283
  • Appointed under Industrial Relations Act 1990.
  • Part of WRC
  • Investigates disputes involving 1/small number of workers.
  • Issues findings in the form a decision/non-binding recommendation.
    • ]]>     2018-04-03 15:23:38 UTC https://padlet.com/sb421/Unit1/wish/248163283     Employment Equality Acts 1998-2015 sb421 https://padlet.com/sb421/Unit1/wish/248164887 Outlaws discrimination in employment(and related)areas.
    Discrimination is treating one person less favourably than another person is, has been, or would have treated on nine grounds.
    9 grounds:
    1. gender
    2. age
    3. race
    4. sexuality
    5. religion
    6. member of the Travelling Community
    7. marital status
    8. family status
    9. disability

    Equality Authority:
    • Set up under Acts
    • November 2014 - merged with Irish Human Rights and Equality Commission
    • IHREC: 
      • promote human rights and equality + an understanding of their importance
      • examine legislation that may affect human rights
      • provide legal assistance
    ]]>     2018-04-03 15:27:06 UTC https://padlet.com/sb421/Unit1/wish/248164887     Unfair Dismissals Acts 1979-2015 sb421 https://padlet.com/sb421/Unit1/wish/248168060 Protects skilled employees aged 16-66 who have been working full time for at least a year.
    • Fair dismissal: 
      • Misconduct
      • Capacity
      • Redundancy
    • Unfair dismissal:
      • Trade union membership
      • Pregnancy
      • Religion
      • Striking
      • Suing the employer
    Procedure for dismissal:
    1. Counsel employ and find a solution
    2. Verbal warning
    3. Written warning
    4. 2nd written warning
    5. Suspension - with or without pay - confirmed in writing
    6. Dismissal
    Redress:
    • reinstatement, or
    • re-engagement, or
    • compensation to a maximum ceiling of 2 years’ remuneration.*
    *Remuneration =  salary, benefits in kind (car, VHI, lodgings etc.) and employers pension contributions.

    ]]>     2018-04-03 15:33:21 UTC https://padlet.com/sb421/Unit1/wish/248168060     Consumer Laws, Law of contract. mbergin https://padlet.com/sb421/Unit1/wish/260499302 2018-05-14 14:53:46 UTC https://padlet.com/sb421/Unit1/wish/260499302 Labour Laws mbergin https://padlet.com/sb421/Unit1/wish/260499816 2018-05-14 14:54:39 UTC https://padlet.com/sb421/Unit1/wish/260499816 mbergin https://padlet.com/sb421/Unit1/wish/260500343 2018-05-14 14:55:40 UTC https://padlet.com/sb421/Unit1/wish/260500343 mbergin https://padlet.com/sb421/Unit1/wish/260500921 2018-05-14 14:56:43 UTC https://padlet.com/sb421/Unit1/wish/260500921 WRC Services sb421 https://padlet.com/sb421/Unit1/wish/261867040 Advisory Service
    Promotes good practice in the workplace by
    assisting and advising organisations in all aspects of industrial relations
    Conciliation
    Impartial third party (Industrial Relations Officers) chairs ‘conciliation conferences’. Conciliation conferences allow an independent chairperson  to steer the discussions. Voluntary
    Solutions are reached by consensus, whether by negotiation and agreements facilitated between the parties themselves, or by the parties agreeing to settlement terms proposed by the Conciliation Officer.
    Informal in its practice. The parties are free to represent themselves or be represented by trade unions or by employer organisations.
    Mediation
    Mediation seeks to arrive at a solution through an agreement between the parties, rather than through an investigation or hearing or formal decision. The WRC offers a mediation service in certain cases to facilitate the resolution of complaints/disputes where possible at an early stage and without recourse to adjudication.
    Mediation Officers
    Adjudication
    Adjudication Officers of the WRC are statutorily independent in their decision making duties.
    Hold hearings where parties are given an opportunity to be heard by the Adjudication Officer and to present any evidence
    Doesn't mediate or conciliate the case. Parties may be accompanied and represented at hearings by a trade union official, a practicing barrister or practicing solicitor for example.
    The Adjudication Officer will then decide the matter and give a written decision in relation to the complaint. The decision may:
    ▪ declare whether the complainant’s complaint was or was not well founded͖,
    ▪ require the employer to comply with the relevant provision(s),
    ▪ require the employer to make such redress as is just and equitable in the circumstances including the award of compensation.
    A party to a complaint may appeal to the Labour Court from a decision of an Adjudication Officer.
    Compliance/Inspection Service
    Inspectors visit places of employment and carry out investigations on behalf of the WRC and where breaches of legislation have been found, an Inspector may issue either a Compliance Notice or a Fixed Payment Notice to an employer.
    Enforcement of Decisions
    If an Employer fails to carry out a decision of an  Adjudication Officer of the W, or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision, within the prescribed time, an application may be made to the District Court for an order directing the Employer to carry out the decision. The application can be made by the following:
    ▪ The Employee/Complainant (or legal representative on their behalf)
    ▪ A Trade Union, with consent of employee, or
    ▪ An excepted body of which the employee/complainant is a member.
    In the case of an Adjudication Officer’s decision, the application to the District Court can be made after a period of 56 days has elapsed from the date the decision was issued to the parties. A period of 42 days must have elapsed from the date the Labour Court decision was issued to the parties before the application can be made in respect of that decision.]]>     2018-05-18 10:37:39 UTC https://padlet.com/sb421/Unit1/wish/261867040     Breach of warranty sb421 https://padlet.com/sb421/Unit1/wish/261872255 Less severe and may not invalidate the contract entirely
    Breaching a minor aspect of the contract - the product was the wrong size, colour...
    Customer may receive a reduced price]]>     2018-05-18 11:05:30 UTC https://padlet.com/sb421/Unit1/wish/261872255