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B7LW102 Employee Relations And The Law

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B7LW102 Employee Relations And The Law

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Course Code: B7LW102
University: Dublin Business School

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Country: Ireland


Assessment Task
A.Discuss the significance of the distinction drawn between those workers who are employees and those who are independent contractors.
B.Citing relevant case law discuss the various tests used by the courts in deciding whether a worker is an employee or an independent contractor. A Plastering and Construction Company Read this case and write a case note on it detailing the relevant facts of the case; the specific legal issues raised; and the decision of the Adjudication Officer.
Students in their groups will present on the above showing their knowledge and understanding of the material.

Demonstrates an accurate and detailed understanding of the topic
Displays evidence of research and preparation for the presentation
Points were developed with sufficient and appropriate details.
Follow- up questions from the examiner were answered well.


The relation between the employer and employee has been referred to as the efforts that have been taken by organisation to manage a health environment. However, these relation often comes into the conflict and it raises certain legal issues. In this report it will be discussed about the case A plaster v A plaster and construction company ADJ-00010195 where the employer and employee relations came into question. The facts and the legal issues rise in this case will be discussed.

The plaintiff was a qualified plasterer. He had been interviewed by the respondent on 24thMarch 2017 (McBride, Hebson and Holgate, 2015).
The respondent then offered the employment to plaintiff
Respondent has said to the plaintiff that he will be paid €180 per day
The timing of working is fixed between 7.30 am to 4.30 pm and in between there is a break of 30 minutes between 10.30 am to 1 pm
The plaintiff has commenced the employment on 24thmarch 2017 with the respondent
The plaintiff had been dismissed from the office on 6thapril 2017 by the respondent for the quality issues.
The plaintiff has not been paid for the 11 days that he has worked due to alleged inferior work
Therefore plaintiff has presented three complaints under section 6 of the Payment of Wages Act, 1991
The respondent stated in against of his complaint that he was offered to work on the self-employment basis and not on the employee basis.
The representative of the complainant has advised the complainant that it was usually done by employers of the construction company to ruse the employees.
However, the complainant does not have a written contract of employment
The plaintiff has submitted the legal arguments that why the plaintiff shall be considered as plaintiff on the basis of IESC case.  It had been stated that he is working under contract of service and not contract for service as Henry Denny and Sons (Ireland) Ltd v Minister for Social Welfare, 1997 he delivering the services for others and not for himself (Workplace Relations, 2018).

Legal Issues

Does the plaintiff is the employee of the company?
Does the respondent was in breach of section 6 of the Payment of Wages Act, 1991?
Does the respondent is liable to pay the complainant the amount of 11 days?
Does the respondent have been in breach of section 19(1) of working of Time Act?

Decision of the Adjudicating officer
The Adjudicating officer concluded on the legal arguments of the complaints that the complainant has been deemed as the employee of the respondent and he will be liable to get the employee benefits. The adjudicating officer awarded the total amount of €1380 for the breach of section 6 of the Payment of Wages Act 1991. The Adjudicating officer has also found that the respondent was in the breach of section 19(1) of the organisation of Working Time Act, 1997 and respondent will pay a sum of €158.40. The court has awarded a €180 for the days in relation to the public holidays.
A plaster v A plaster and construction company ADJ-00010195
Henry Denny and Sons (Ireland) Ltd v Minister for Social Welfare, 1997
McBride, A., Hebson, G. and Holgate, J. (2015) Intersectionality: are we taking enough notice in the field of work and employment relations?. Work, employment and society, 29(2), pp.331-341.
Workplace Relations (2018) decision of adjudicating officer [Online] Workplace Relations Available from: https://www.workplacerelations.ie/en/Cases/2018/%20ADJ-00010195.html[Accessed 24th November 2018]

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