Case Study Of Dick Essay

Question:

Identify the relevant issues in this scenario and advise on the law governing each issue and apply it to this scenario.

Answer:

Issue

According to the case study, the issue has found that whether Dick has any ground to have parental leaves for his children and save his employment or not?

Rules

Under the Irish Law, the Workplace Relation Commission (WRC) describes the different legislations of Employment Rights and Duties for the employers. As per the employment rights, the employers get the comprehensive rights on the Employment Labor and Equity Law (Taylor and Emir 2015). The Employment Act 1994 provides the rights by which employees make can avail basic employment rights while they receive their employment. According to the terms of the employment, there are several terms where the employer and employee can entitle to the contract (Painter and Holmes 2015). It includes

  • the rights of work
  • date of commencement
  • job title
  • pay details
  • terms and conditions relating to hours of work, and the period of notice

The Employment Equality Act 1998 to 2011 helps to provide discrimination free grounds of employment, which protects employees from age, sex, religion, race, disability, marital status and many more. This act provides a fair employment for the employees in their workplace.

The Safety, Health & Welfare at Work Act 2005 ensure the protection for the employees in their workplace. This act provides duties and responsibilities of the employers towards their employees, which are related with the healthy and safety environment in the workplace. This act helps to protect every employee from hazardous in the employee’s workplace.

When employees entitled to the employment contract, the contract deals with several terms which are the rights of work, job title, date of commencement, pay details, terms and conditions relating to hours of work and the period of notice, which the employer and employee are, required to give to terminate the contract. According to the employment contract, it consists with various leaves like annual leave, sick leave and sick pay, other types of leave from work, public holidays, parental leave, Carer’s leave, maternity leave, adoptive leave and paternity leave.

Parental Leave Act 1998 provided the rights to parents to take parental leaves from their employment for taking care to their children. Under the European Union (Parental Leave) Regulations 2013 amended the parental leave for the children who are aged about 14 weeks to 18 weeks. This leave amendment provide extended leaves for the children who have long-term illness. Under this parental leaves, no employment rights get affected (Painter and Holmes 2015).


The Paternity Leave and Benefit Act 2016 has stated the legislations for the parental leave where the person other than the mother can take leave from employment for the case of the child. The provisions apply to births and adoptions of the child and extended till 6 months of the process. In this term, the employment depends according to the employment contract. Sometimes according to the employment policies, during the paternity leaves the employer may not pay the person (Taylor and Emir 2015).

The Carer's Leave Act 2001 provides the leave permit for those employees who want to take care for any person for temporarily to full time care. The employee is entitled to take leaves of at least 13 weeks up to a maximum of 104 weeks.

Application

According to the case fact, Jean Dark has died during her complicated labour time and her 6 weeks early child survives. Dick Francis is the father of the child who is the only person left in the house to take care of their child. When he applied for the parental leave for 1 year, the Phoenix Park did not allow him for that. Later his father also suffered due to sudden stroke and moved with, he is also require for a proper care (Taylor and Emir 2015).

Now according to the Employment contract in Ireland, Dick has right to claim for leave according to the Parental Leave Act 1998, Paternity Leave and Benefit Act 2016 and Carer's Leave Act 2001for his new born child and father. The newborn child’s mother has died due to the complicated pregnancy. Therefore Dick is needed a long-term parental leave for his child. For the term of his newborn child, he can take leaves for 6 months under the Paternity Leave and Benefit Act 2016. As the mother has died, the child needs extra care for at least 1 year. Therefore, Parental Leave Act 1998 provides the leaves for Dick where he can take leave for at least 14 weeks to 18 weeks. The leaves will not affect Dick’s employment according to the laws under these employment legislations (Painter and Holmes 2015).

Conclusion

According to the case study, Dick has right to take leaves for his newborn child and sick father from his employment.

References

Barnard, C., 2014. EU employment law and the European Social Model: the past, the present and the future. Current Legal Problems, 67(1), pp.199-237.

Countouris, N., 2016. The changing law of the employment relationship: comparative analyses in the European context. Routledge.

Emir, A., 2016. Selwyn's law of employment. Oxford University Press.

Painter, R. and Holmes, A., 2015. Cases and materials on Employment Law. Oxford University Press, USA.

Taylor, S. and Emir, A., 2015. Employment law: an introduction. Oxford University Press, USA.

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