2011 Unit 1 short questions

Outline two types of industrial action that employees could take in an attempt to get
employers to meet their demands.

(i)_________________________________________________________________________



(ii)________________________________________________________________________

___________________________________________________________________________

2011 Section 3 question 1
(A) Outline, using examples, the relationship that can exist between Investors and
Entrepreneurs in business.(15 marks)

(B) (i) Discuss the rights of consumers under the terms of the Sale of Goods and Supply of
Services Act 1980.

(ii) Illustrate two forms of redress available to consumers for breach of the Act.
(30 marks)

(C) Describe how conflict between an employer and an employee could be resolved in a
non-legislative manner.(15 marks)
(60 marks)

2010 Questions
9. Outline three grounds for fair dismissal under the terms of Unfair Dismissals Act 1977/93.
(i)
_________________________________________________________________________

___________________________________________________________________________


(ii) ________________________________________________________________________

___________________________________________________________________________

(iii) _______________________________________________________________________

__________________________________________________________________________
9. Grounds for fair dismissal.
(i) Incompetence on the part of the employee. The employee lacks ability to carry out required
duties (poor work performance; failure to meet set targets).
(ii) Qualifications (misrepresentation by the employee). Lack of formal technical or professional
qualifications as appropriate for the work the employee was employed to do/misleading employer in
relation to qualifications.
(iii) Misconduct by the employee. Improper /unacceptable behaviour by the employee e.g. theft,
substance abuse, violence at work.
(iv) Redundancy. Due to closure, competition, decline in demand, cutbacks (fair procedures applied).
(v) Incapability refers to employees attendance i.e. persistent lateness, absenteeism or extended sick
leave
(vi) Legal Reasons. If continuation of the job was to break the law in some way e.g. if an employees
work visa expired etc.

Question 1
The purpose of the Industrial Relations Act, 1990 is to put in place an improved framework
for the conduct of industrial relations and for the resolution of trade disputes.

(A) (i) Outline the impact on trade unions of the main provisions of the Industrial Relations
Act 1990.
The main provisions (any 3 required):
1. Trade Dispute as defined by the Industrial Relations Act 1990 is any dispute between
employers and workers, which is connected with the employment or non-employment or the terms or
conditions of employment of any person. The following issues may give rise to a legitimate trade
dispute: dismissal, employment policy, range of duties, trade union membership, pay and conditions,
health and safety at work.

2. Secret Ballots
Under the provisions of the Industrial Relations Act 1990 no strike or other industrial action can
take place without a secret ballot. All members are given a fair opportunity of voting.
The act also provides that the union should not organise or participate in industrial action without a
majority of votes having being cast in favour of industrial action. The union must make known to the
members (entitled to vote) the results of a secret ballot as soon as practicable after the vote. One
weeks notice of action must be given to the employer involved in a dispute.

3. Official disputes unofficial disputes and Injunctions
Official dispute is one where a union has received approval from workers in a secret ballot and is
confirmed by ICTU.
Unofficial disputes have no ICTU or union approval and workers receive no strike pay.
According to the Industrial Relations Act 1990 organisers of unofficial disputes do not have legal
protection against being sued by their employer.
If trade union members engage in an illegal dispute then an employer can get an injunction (a court
order restricting certain activities) against the workers involved.

4. Picketing
Primary picketing. According to the Industrial Relations Act 1990 it is lawful for workers to picket
peacefully at a place where their employer works or carries on business provided the picketing is for
the purpose of peacefully communicating information.

Secondary picketing. The act provides that secondary picketing (i.e. picketing of an employer other
than the primary employer involved in the dispute) is lawful only in situations where it is reasonable
for those workers picketing to believe that the second employer was acting to frustrate the industrial
action by directly assisting their employer.


5. Immunity
The Industrial Relations Act 1990 states the trade unions and workers are immune from legal
action/prosecution for damages or losses suffered by the employer as a result of a trade dispute. This
means an employer cannot sue a trade union and its members for losses suffered as a result of a strike
(provided it is an official trade dispute) and a secret ballot (members must have voted in favour of the
industrial action) was held by the trade union before the strike action.

(A) (ii) Describe two types of official industrial action a trade union can undertake as part of
a trade dispute.(30 marks)

(B) Evaluate the role of each of the following in protecting consumers:

(i) The Small Claims Court;
(ii) The Office of the Ombudsman for Public Services.(20 marks)

(C) In relation to the Law of Contract, illustrate your understanding of Capacity to Contract.
(10 marks) (60 marks)



A (ii) Describe two types of official Industrial action a trade union can undertake as part of a
trade dispute.
1. Work to Rule/ Overtime Ban:
They only work as per their contract.
They follow the rules of their employment contracts to the letter of the law.
2. Go Slow
They stay on their jobs but drastically slow down the operations, sometimes making it impossible
for the business to operate.
As they are still at work they are entitled to get paid.
3. Official Strike is organised, by unions, so as to comply with the law. It is a complete withdrawal of
labour. Workers are entitled to strike pay. Certain conditions must be met in advance of any strike
taking place.
(B) Evaluate the role of each of the following in protecting consumers.
(i) Small Claims Court: www.courts.ie
Deals with consumer complaints relating to goods or services purchased, for private use from
somebody
selling them in the course of business. Maximum damages are 2,000.
(Since January 11, 2010 the Small Claims Court Service is available to businesses pursuing claims
against other businesses).
Deals with consumer claims such as faulty goods, bad workmanship and minor damage to privately
owned property.
Both sides get to make their case and are encouraged to reach an agreed settlement.
Decision made by the registrar of the court is not legally binding but is usually accepted.
It is possible to pursue small claims through this service against product and service providers in
any EU state, except Denmark.
Appeals came be made through the District Court and heard before a judge.
Page 21 of 39
Evaluation
It is a fast/informal and easy way for consumers to resolve disputes.
Inexpensive method of solving disputes. Non-refundable fee of 15 payable to the district court
when
claim lodged /No solicitors are required.
The process can be carried out on-line. In 2008, almost half of the 4,145 claims processed were
made
online.
You will get an unbiased and fair judgement.
In 2008, the last year for which information is available, the Small Claims Court handled 4,145
complaints, up almost a quarter on the previous year. Only 26% of the claims made were actually
referred to court.
(ii) The Ombudsman service
The Office of the ombudsman for Public Services: www.ombudsman.ie
The Office of the Ombudsman investigates complaints about the activities of Government
Departments, the Health Service Executive, local authorities and An Post.
The Office of the Ombudsman cannot investigate complaints concerning The President, The Dail,
Defence Forces, Garda Siochana, Judiciary, or Prison Service.
The Office of the ombudsman is a last resort. The Ombudsman only investigates complaints, after
the person has tried to solve the problem with the public body involved/ all other avenues for
solving the issue have been exhausted.
The Ombudsman is independent of the Government, impartial and provides a free service.
Complaints have to be made within one year. The Ombudsman, after a fair, thorough review of a
complaint, decides if it is justified and if it is, makes recommendations to the public body in order
to resolve the problem.
When the Ombudsman investigates a complaint s/he can either find in favour of the person who
has complained or decide that the public body complained about has in fact acted correctly. If the
Ombudsman finds in favour of the person who has complained s/he can help provide a remedy for
what has gone wrong. For instance s/he can ask that an apology be made, or a grant or other
benefit be paid, which had been refused previously. Recommendations of the Ombudsman are not
legally binding on the parties involved with the complaint
Evaluation
Since 1984 The Office of the Ombudsman has helped over 70,000 people with valid complaints and
advised
and guided many others. The Office dealt with up to 10,000 queries from the public in 2009 and dealt
with
2,800 complaints etc.
Page 22 of 39
(C) In relation to the law of contract, illustrate your understanding of capacity to contract.
Capacity to contract means that all natural persons (human beings) and legal/corporate persons, such
as
companies, have the legal right to enter into a contract.
The contractual capacity of a company comes from its Certificate of Incorporation (separate legal
entity). If
the company acts beyond its legal powers it is said to be acting Ultra Vires.
The following generally have not the capacity to contract:
Infants (those under 18 years of age) except in certain cases e.g. necessities
Persons under the influence of drink or drugs
Insane persons
Bankrupt persons
Diplomats.

2009 questions

8. (a) Explain the legal term consideration.
___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

(b) Outline two other elements of a legally binding contract.

(i)
_________________________________________________________________________

___________________________________________________________________________

(ii)
________________________________________________________________________




Question 1

A successful business depends on positive business relationships.
(A) Outline, using an example, the role of interest groups in the business world. (10 marks)

(B) Discuss how consumers may benefit from the existence of a competitive relationship
between producers. (15 marks)
(C) (i) Explain the term employment discrimination as set out in the Employment Equality
Act 1998.

List four distinct grounds on which discrimination is outlawed under the Act.

(ii) Evaluate the role of the Director of Equality Investigations in resolving complaints of
discrimination in the workplace. (35 marks) (60 marks)

2008 Questions

2. In relation to the law of contract distinguish between the terms offer and invitation
to treat.
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

9. List five grounds under which employment discrimination is outlawed in Ireland.
(i) _____________________________________________________________________
(ii) _____________________________________________________________________
(iii) _____________________________________________________________________
(iv) _____________________________________________________________________
(v) _____________________________________________________________________

Question 1
The quality of the relationship between stakeholders determines the success of any enterprise.

(A) Describe a competitive relationship and a co-operative relationship between two
producers in the same line of business. Use appropriate examples to support your
answer. (15 marks)

(B) (i) Illustrate the circumstances where retailers would be in breach of the Sale of
Goods and Supply of Services Act 1980.
(ii) Outline remedies available to consumers for breaches of the Act. (25 marks)

(C) Evaluate the role of the Labour Court in dealing with industrial disputes. (20 marks)
(60 marks)

2007 Questions
5. In a legal context, consideration means
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________


8. Identify two parties in business and describe a competitive relationship between them:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Question 1

(A) Under the terms of the Industrial Relations Act 1990,
(i) define a legitimate trade dispute and
(ii) explain the role of the Labour Relations Commission. (20 marks)

(B) Describe the provisions of the Sale of Goods and Supply of Services Act 1980 and
evaluate its effectiveness. (30 marks)

(C) Specific Performance is a term used in contract law. Explain what it is and when it would
be used. (10 marks) (60 marks)

Question 4 C
(C) The Data Protection Act 1988 sets out the following:
(i) The rights of Data Subjects
(ii) The obligations of Data Controllers and
(iii) The functions of the Data Protection Commissioner
Explain any two of the above. (25 marks)

2006 Questions

2. Outline two functions of the Director of Consumer Affairs:
(i)
_________________________________________________________________________
__________________________________________________________________________
(ii) ________________________________________________________________________
__________________________________________________________________________

Question 1
(A) The relationship between an enterprise and its stakeholders may be competitive or
cooperative. Discuss this statement, with appropriate examples. (15 marks)

(B) (i) Under the terms of the Unfair Dismissals Act 1977/1993, explain the grounds for
dismissal that are deemed to be fair.

(ii) Describe the different types of redress that are available to employees for unfair
dismissal. Illustrate your answer with appropriate examples. (25 marks)

(C) Explain the elements of a valid contract. (20 marks)
(60 marks)

2005 Questions

1. Explain the legal term capacity to contract.
__________________________________________________________________________
__________________________________________________________________________

Give TWO examples of situations where an individual or legal entity does not have capacity
to contract.
(i) _______________________________________________________________________
(ii) _______________________________________________________________________

Question 1
Business is built on relationships between people.

(A) Describe important aspects of the relationship between producers and consumers in
business. (15 marks)

(B) Explain four methods by which a legal contract may be terminated. (20 marks)

(C) Under the terms of the Consumer Information Act (1978) describe and evaluate the
role of the Director of Consumer Affairs. (25 marks) (60 marks)

2004 Questions
1. Distinguish between Arbitration and Conciliation.

(i) Arbitration
__________________________________________________________________________
__________________________________________________________________________
(ii) Conciliation
__________________________________________________________________________
__________________________________________________________________________

Question 1
Read the information supplied and answer the questions which follow.
The Chief Executive of Mecca Enterprises, a national firm in the leisure business, believes
that good relationships, which help in resolving situations of conflict between business
organisations, are most important. At present, however, she feels that there is a very high risk
of on-going conflict into the future.

(A) Describe a co-operative and a competitive relationship that would typically exist between
Mecca and other business organisations. (20 marks)

(B) Evaluate the role of the Director of Equality Investigations in solving conflicts in
business. (20 marks)


(C) Under the terms of the Industrial Relations Act 1990 explain

(i) The reasons for legitimate trade disputes

OR
Under the terms of the Unfair Dismissals Act 1977/1993 explain
(ii) The grounds for dismissal that are deemed to be unfair. (20 marks)
(60 marks)

2003 Questions
Question 1
(A) Illustrate the role of Interest Groups in business. (10 marks)

(B) Explain, using examples where appropriate, the essential elements of a valid contract.
(30 marks)

(C) Describe what is meant by Discrimination as set out under the terms of the Employment
Equality Act 1998. List five distinct grounds under which discrimination is outlawed under
the Act. (20 marks) (60 marks)

2002 Questions








2001 Questions

2. Illustrate your understanding of the term Arbitration.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________


Question 1
(A) Contrast the relationship that exists between entrepreneurs and investors in a business
enterprise.(15 marks)

(B) Define Contract. Outline why an invitation to treat is not a contract. (20 marks)

(C) Evaluate how effective the main provisions of the Sales of Goods and Supply of Services
Act 1980 are in protecting consumers. (25 marks) (60 marks)

2000 Questions
Question 1
Read the information supplied and answer the questions which follow.
Telair Products PLC is a new company that has become a large company very quickly. The workforce
is not allowed to join a trade union. It is secretive in the way it deals with its staff and minor
industrial relations disputes have sometimes grown to become serious ones. There are no grievance
procedures in place and the morale of the workforce is being reduced by the way managers are
behaving. Future industrial action is a possibility.

(A) Outline two legislative methods of solving the above problems. (20 marks)

(B) Contrast the roles of a Rights Commissioner with that of the Data Protection Commissioner in
solving business conflicts. (20 marks)

(C) Under the terms of the Industrial Relations Act 1990 explain

(i) The reasons for legitimate trade disputes and

(ii) The provisions of the act with regard to picketing. (20 marks) [60 marks]

1999 Questions