Full Title Safety Legislation and Employment Law

Short Title Safety Leg and Employment Law

Code SAFE08027
Level 08
Credit 05

Author McGrath, Blaithin
Department Environmental Science

Subject Area Safety Studies
Attendence N/A%
Fee

Description
The aim of this module is to build on the students knowledge of health and safety legislation whilst familiarising them with areas of employment law. The role of the Expert Witness in investigation and report writing, rules of evidence and procedure and courtroom skills will be covered. Students will be able to apply this knowledge to simulated problems drawn from decided cases and identify areas where the law and practice is likely to develop and change.

Indicative Syllabus
Criminal Liability; Actus Reus, Mens Rea, relevant aspects of strict and attributed liability Corporate manslaughter and Section 80 and 81 of the 2005 Act. Employer Liability; employees liability/contributory negligence and voluntary assumption of risk Reasonably Practicable Doctrine Company Law; Consequences of incorporation, types of companies, roles of directors, corporate governance. Employment Law, Contract of Employment, Legal Framework in Employment law for dispute resolution. Protective Legislation under the Organisation of Working Time Legislation. Employment Equality and Harassment, Lawful means of termination of contract, unfair and wrongful dismissal. Law relating to psychological damage i.e. bullying and stress claims Law of Evidence; Basic Principles, purpose of evidence, rationale of proof, admissibility and weight of evidence, types of evidence, expert witness, documentary evidence, court procedure, function of Judge and Jury. EU Directives, Decisions or Judgements as applicable. Examination of relevant case law, prosecutions and penalties imposed.

Learning Outcomes
On completion of this module the learner will/should be able to
  1. Discuss the relevant principles of company and criminal law and the possible impact on organisations in managing OSH.

  2. Summarise relevant aspects of employment law with reference to decided cases.

  3. Explain the role of the expert witness and laws of evidence in legal proceedings.

  4. Apply the legal principles of psychological damage from relevant cases.

  5. Integrate a knowledge of the law to relevant workplace issues.

Assessment Strategies
Final Theory 50%; Continuous assessment 50%

Regular MCQs will be undertaken through Moodle and assignment uploads through Moodle.

Assessment Facilitites
PC, Broadband, Final Examination Centre

Module Dependencies
Pre Requisite Modules
None
Co Requisite Modules
None
Incompatible Modules
None

Coursework Assessment Breakdown %
Course Work / Continuous Assessment 50 %
End of Semester / Year Formal Examination 50 %

Coursework Assessment Breakdown

Description Outcome Assessed % of Total Assessment Week
Multiple Choice Exams 1,2 15 OnGoing
Assignment 2,4,5 20 Week 8
Assignment 3 15 Week 12


End Exam Assessment Breakdown

Description Outcome Assessed % of Total Assessment Week
Final Exam 1,2,3,4,5 50 End of Term


Distance Learning Mode Workload

Type Location Description Hours Frequency Avg Weekly Workload

Total Average Weekly Learner Workload 0.00 Hours

Part Time Mode Workload

Type Location Description Hours Frequency Avg Weekly Workload

Total Average Weekly Learner Workload 0.00 Hours

Full Time Mode Workload

Type Location Description Hours Frequency Avg Weekly Workload

Total Average Weekly Learner Workload 0.00 Hours

Online Learning Mode Workload

Type Location Description Hours Frequency Avg Weekly Workload
Online Lecture Not Specified Lecture 1 Weekly 1.00
Group Learning Not Specified Workshops 4 Once Per Semester 0.27
Independent Learning Not Specified Directed Reading and Study 5 Weekly 5.00

Total Average Weekly Learner Workload 1.27 Hours

Resources
Book Resources
Irish Health and Safety Authority publications, inlcuding ACoPs and Guidelines Department of Enterprise Trade and Employment Acts and Regulations relevant to Occupational Safety Health and Welfare Government Publications Relevant, Acts, Regulations and Directives will be linked to the Moodle Page for this Module.
Other Resources
Health and Safety Review (electronic journal) from IT Sligo Library web page
Url Resources
www.hsa.ie

www.bailii.org

www.itsligo.ie

www.irish statutes.ie

www.eur-lex.europa.eu/legal
Additional Info

ISBN BookList

Book Cover Book Details
Raymond Byrne 2013 Safety and Health Acts: Annotated and Consolidated Round Hall Ltd
ISBN-10 0414032918 ISBN-13 9780414032910
Frances Meenan 2015 Employment Law Round Hall Ltd
ISBN-10 0414051009 ISBN-13 9780414051003
Ross Gorman 2006 Evidence Round Hall Ltd
ISBN-10 1858004217 ISBN-13 9781858004211
Gillian Kelly 2008 Post Traumatic Stress Disorder, Mental Injury and the Law Round Hall Ltd
ISBN-10 185800506X ISBN-13 9781858005065