CK307: There are significant differences in the rights a worker is entitled to depending on whether that worker has a contract of service: Law & Business Assignment, UCC, Ireland

Question 1

There are significant differences in the rights a worker is entitled to depending on whether that worker has a contract of service or a contract for services. Explain the legal rules which a court or a tribunal will apply in order to determine whether a worker has a contract of service or contract for services. Candidates should refer to relevant case law in the course of their answers.

Question 2

Tom worked for a company for 15 years. The name of the company is “DingDong Doorbells Limited”. He was a supervisor in the factory owned by the company. Last month, his Manager, Donald called Tom into his office from the factory floor and told him to close the door behind him. Donald then proceeded to verbally attack Tom for what he called his “sloppy work” and his “poor attitude”. Tom was completely shocked by this, as his performance reviews up to last year were always excellent. Up to January 2020, Tom’s manager had been Robert. In January 2020, Robert was promoted, and Donald became Tom’s manager. At the end of the “meeting”, Donald ordered Tom to leave the premises and shouted “You’re fired!” Tom was escorted off the premises by two security staff.

Tom thinks that this action against him was unacceptable. He asks for your advice in relation to the following questions:

(a) What is the relevant legislation that he can rely on to challenge this decision?

(b) What is the forum/authority which has the power to deal with his case against the company and specify which section/or service is relevant in this situation?

(c) What legislation gives the forum/authority referred to in the answer to (b) the power to deal with issues of this type?

(d) Detail all of the steps which Tom must follow in order to have his case heard by the relevant service of the relevant authority, including any applicable timeline for taking such steps.

(e) Identify what Tom must prove in order to succeed in his claim against the company.

Question 3

Answer BOTH of the following parts:

(A) Discrimination on the grounds of age is prohibited under Irish law. Explain the legal rules in relation to this and demonstrate your understanding by referring to one relevant case.

(B) A company is one of the structures which a business person may choose to use as the vehicle for the operation of their business. Following on from the above statement, answer ALL of the following parts:

(i) Name two other possible approaches to the operation of a business and briefly describe each of these.

(ii) Identify any four advantages which a company offers as a vehicle to operate a business and briefly explain each of these advantages.

(iii) Name the legislation which governs the formation and operation of companies in Ireland.

(iv) On what date did the legislation refer  to in your answer to question (iii)
begin to come into operation?

Question 4

Dowling’s Pharmacy Ltd is a medium-sized business that owns and operates 3 pharmacies in the city center of Dublin. The company is doing well commercially (despite the government’s COVID-19-related restrictions). On the 30th of October 2020, the company held a general meeting and its three shareholders were in attendance. At this general meeting, in accordance with Section 144 of the Companies Act 2014, Mary Smith was elected as a Director of the company by ordinary resolution of the shareholders with responsibility for marketing. Mary is very excited about this development; however, she realizes now that she may not understand the role of a director and the different obligations which she now has. Her previous professional experience in marketing was as an employee. Mary now seeks your legal advice about her new role as a director of Dowling’s Pharmacy Limited. She wants you to advise her about any duties or obligations she has to comply with as a Director. Explain to Mary what her duties are, and refer to all relevant case-law and statutory provisions in your answer

Question 5

John is the director of the company Perfect Exciting Experiences Limited, a company specializing in providing party planning services. Due to the government imposed COVID-19 related restrictions the company has suffered a significant reduction in its turnover. The company is close to insolvency. In recent weeks, John has met with a number of possible investors, and he was very confident that he was close to reaching an agreement with two of them to provide new capital and working capital. However, late last month, he received a letter from a creditor indicating that if their account is not paid in full the creditor would apply to have a liquidator appointed to the company.
John is anxious to prevent this from happening. His husband Jamie said that examinership might an option, but neither of them really knows anything about this process.

(a) What is the purpose of examinership?

(b) What is the first step in the process?

(c) Which Court(s) has the power to hear such matters?

(d) What is the relevant legislation in relation to his process?

(e) What information must be included in the document required to start the process?

(f) What criteria does a Court consider when considering whether to appoint an examiner?