Unit 1 Exam questions

1. Unit 1Exam questions debshoganteaching

2. Relationships 2015 & 2011 • Describe one example of a co-operative relationship and one example of a source of conflict that could arise between the following stakeholders: • Investor and Entrepreneur • A co-operative situation would arise when the entrepreneur gives open, transparent and honest information to the investor e.g. accurate business plans and cash flow forecasts and in return the investor provides a reasonable rate or return etc.

3. A possible source of conflict could arise if the entrepreneur gives false information to the investor / defaults on loan repayments/ does not give an adequate return to the investor/re-invests profits rather than give a return to the investor. • Investor may want immediate returns and is not prepared to wait/may want greater returns out of profits rather than retaining funds in the business for further expansion. • Where there is a downturn in business the entrepreneur may request more time to repay the loan while the investor may insist repayments as per agreed schedule.

4. A co-operative situation would arise when the supplier provides good quality raw materials, components and finished goods to the purchasing manager who pays on time and offers a fair price. • A possible conflict situation could arise if poor quality materials are provided/ poor after sales service offered by the supplier. • The purchasing manager fails to pay for goods purchased on credit creating a bad debt for the supplier. There may be conflict between the two sides as to their perceptions of what is a fair price and as to what the optimum quality is.

5. 2015 contract lawSpecific Performance • Illustrate your understanding of the term ‘Specific Performance’ in relation to contract law. • Specific Performance is a remedy for the breach of a contract. • The party in breach of a contract would be ordered by a court to carry out its agreed contractual obligations. • Illustrate- Specific performance may be used as a remedy in a contract for the sale or lease of land/for the sale of a unique item such as a work of art/ completion of construction to a property or an extension to a property.

6. 2014 abq • 'For a contract to be legally enforceable certain essential elements must exist.' • Offer: A promise by the person making the offer to be bound by the offer provided the terms of the offer are accepted. The offer can be made orally, in writing, or by conduct and is a clear indication of the offeror’s willingness to enter into an agreement under specified terms. • Link: • "He telephoned the landlord and suggested • a more realistic price of €7,500."

7. Acceptance: It must be identical to the offer without any changes or conditions and • communicated to the offeree in the time specified. • Link: • “Shay was delighted when the landlord said yes to an annual rent of €8,000.” • Agreement: For agreement to exist there must be a clear, complete and unconditional • offer and an acceptance of that offer.

8. Consideration: Each party in a contract must give something of value to the other party. • Something of value must be exchanged. So long as consideration exists, a court of law • will not question its adequacy, provided it is of some value. • Consideration is usually some monetary payment but it could also be something valuable • exchanged as part of the contract. • Link: • “Shay secured the premises and paid €8,000 to the landlord.”

9. Capacity to contract • All natural persons (human beings) and legal/corporate persons, such as companies, have the legal right to enter freely into a contract. • The following generally do not have 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. • - Companies operating outside their powers/ Ultra Vires. • Link: • "In April 2009, just before celebrating his twenty-eighth birthday…"

10. Intention to Contract • Both parties to the contract must be aware that they are entering into a legally • binding agreement that could see them in court if they fail to keep their side of the agreement. With domestic and social arrangements there is no intention to create a legally binding contract. • Link: • " …both parties entered into negotiations with • the objective of concluding a legal contract." • Legality of purpose • Contracts must be compliant with the laws of the land. Contracts may not be for an illegal activity such as smuggling or defrauding the state of taxes. • Link: • “While researching property sites he spotted a suitable retail premises.”

11. Legality of form: Certain contracts, to be considered legal, must be drawn up in a • particular manner. Some contracts must be in writing if they are to be legally valid. • These include- Insurance policies- Hire Purchase agreements - The sale of property or • land - Share transactions - Consumer credit and bank loans. • Link: • “The necessary documentation for the rental was signed in the solicitor’s office.”

12. 2015 equality act • The Director of the Equality Tribunal (previously known as the Director of Equality Investigations) published 22 Decisions during September 2013 in areas of discrimination that included gender and disability. • Define ‘employment discrimination’ as set out in the Employment Equality Act 1998. An employee is said to be discriminated against if he or she is treated in a less favourable way than another person is, has been or would be treated (in a comparable situation on any of the nine distinct grounds.)

13. List three protected grounds other than gender and disability on which discrimination is outlawed under this Act. • • Civil (marital) status • Family status • Sexual orientation • Religion • Age • Race • Membership of the Traveller community

14. Evaluate the role of the Director of the Equality Tribunal in dealing with discrimination cases under this Act. • The Director of the Equality Tribunal decides whether discrimination cases be examined by the Equality Mediation Officers who deal with the case in a conciliatory manner or by an Equality Officer who follows a more formal approach. • The Director makes the final decision and it can be appealed to the Labour Court within 42 days.

15. Refer the complaint to an Equality Mediator, who facilities both parties to reach a mutually acceptable agreement. Mediation is an attempt to get agreement between the parties. • At the end of mediation both sides sign an agreement which is legally binding so that both sides must keep to the terms of the decision. • Mediation is held in private and the agreement is not published. If you do not reach an agreement through mediation you can request your case be brought to investigation.

16. Investigation If you reject the offer of mediation your complaint will go to investigation handled by an Equality Officer. Investigation is also held in private. • At the end of the investigation the Tribunal Equality Officer will issue a decision which is legally binding but it may be appealed by either party to the Labour Court within 42 days. • All decisions by law must be published but in sensitive cases names may be withheld. Evaluation required

17. 2014 industrial relations act 1990 • Outline three factors that can lead to • industrial disputes in business. • Disputes over pay • Workers may launch a variety of different pay claims, e.g. cost of living claim, • comparability claim or relativity claim. If the employer resists or rejects these pay claims it could lead to industrial disputes. There have been disputes recently in the ESB and Aer Lingus over pension funds and pension entitlements.

18. Disputes over working conditions/duties • Workers are motivated by different needs. Safety is a fundamental need for employees. • Failure by management to provide safe working conditions, safe • equipment, proper hygiene and adequate heating can lead to industrial disputes. • Aer Lingus-Cabin Crew seeking roster changes.

19. Redundancy • Disputes may occur over redundancy if workers feel that unfair procedures for • selection are being used or if redundancy payments are not adequate e.g. employers may wish to 'cherry pick' employees for redundancy while a trade union representing • the employees may favour a LIFO system.

20. Discuss two types of official industrial action available to employees involved in anindustrial dispute with their employers. • Official Strike where the employees do not enter their workplace and do not do their • work. An official strike involves a secret ballot, proper notification to the employer (i.e.one week’s notice) and sanction by ICTU. • Work- to- rule where employees only undertake the exact jobs written in their job • description or contract of employment. No flexibility is provided by staff to meet • urgent or unforeseen requirements. Workers follow the rules of their employment contracts to the ‘letter of the law’.

21. Overtime ban where workers refuse to do overtime. This can cause major disruption, • leading to lost orders and lost sales, especially at peak trading times e.g. a toy shop at • Christmas, an airline during holiday time. • Token Stoppage • A brief stoppage of work intended to carry the threat of further, more serious action if • agreement is not reached.

22. Describe the role of any two ‘Interest Groups’ in business. • An interest group is an organisation which • represents the common viewpoint, • objectives and goals of particular group/stakeholders e.g. IBEC, ICTU, IFA, SIMI and ISME etc. • An interest group seeks to influence decisions and policy affecting its members, • through various actions including negotiation, lobbying, information campaigns, • public protests, boycotting and possibly legal action.

23. Lobbying is the deliberate effort to influence the decision making process by promoting • a particular point of view with government or MEPs or with other organisations. Interest • groups may or may not succeed in achieving their desired objectives. • Example: • Irish Congress of Trade Unions (ICTU) - Represents almost all trade unions in Ireland.

24. Ictu(irish congress of trade unions) • Represents and advances the economic and social interests of working people; • 􀁸 Negotiates national agreements with government and employers, when • mandated to do so by constituent and member unions; • 􀁸 Promotes the principles of trade unionism through campaigns and policy • development. • 􀁸 Provides information, advice and training to unions and their members; • 􀁸 Assists with the resolution of disputes between unions and employers; • 􀁸 Regulates relations between unions and rules on inter-union disputes etc.

25. The Irish Farmers Association (IFA) • Example: • actively represents and serves over 965 branches • and 90,000 members. The IFA engaged in intense lobbying in Brussels to obtain greater • flexibility on milk quotas in advance of their 2015 abolition. • The IFA lobbies national governments to initiate pro farming policies that would improve and consolidate farm incomes (loss leader sale of vegetables in the large multiples at Christmas time) etc.

26. Irish Business and Employers Confederation (IBEC) • Example: • - Represents employers on • industrial relations matters. • Negotiates with government and ICTU on wage agreements. • Advises members on the effects of new EU legislation etc.

27. 2014 consumersog & sos • Outline a consumer's legal rights under the terms of the Sale of Goods and Supply • of Services Act 1980 with reference to any three of the following: • (i) Merchantable Quality • (ii) Guarantees • (iii) Signs limiting consumer rights • (iv) Unsolicited Goods

28. Merchantable Quality • The consumer is entitled to goods which are of merchantable quality – • they should be of reasonable standard/quality taking into account what they are supposed to do, their durability and the price paid. • A €50 pen versus a €1 pen. • If the good is not of merchantable quality, the consumer could seek a refund, • replacement, or repair depending on the type of fault and the time frame.

29. Guarantees • Guarantees are seen as additional protection given to the consumer and they cannot limit the consumer’s rights under consumer law. The guarantee must clearly show • what goods are covered, the time frame involved and the procedure for making claims. • The consumer can choose to have the goods fixed by the manufacturer or they can insist that the retailer deals with the complaint. • The contract is between the seller and the buyer.

30. Signs limiting consumer rights • Consumers’ rights under the act cannot be taken away or limited by signs such as • ‘Credit Notes Only’, ‘No Cash Refunds’, ‘No exchange’ etc. • These signs are illegal and do not affect your statutory consumer rights. A credit note • is not a refund as it restricts you to shopping in that shop. • It is an offence for the retailer to display signs that give the consumer the impression • that they have no legal rights.

31. Unsolicited Goods • These are goods that are sent to someone without having received an order. The • consumer has the right to keep the goods without payment after thirty days if the • consumer has sent written notice to the sender and informed him where they can be • collected. S/he has the right to keep the goods after six months if the sender has not • collected them and the consumer has not prevented the firm from collecting them.

32. 2013 data protection • Explain the term "data protection" under the terms of the Data Protection Acts 1988 and 2003. •  Data protection is the means by which the privacy rights of individuals are safeguarded in relation to the processing of their personal data. •  The essence of data protection is that everybody should be able to control how information about them is used. •  It ensures that personal data which is processed is accurate and it enforces a set of standards for the processing of such information.

33.  It includes both automated data and manual data. •  The information held must be accurate, up-to-date, appropriate security measures must be in place to safeguard it and it should only be held as long as is necessary. •  The rights of individuals cannot be subjected to automated decision making; there must be human input in the making of important decisions relating to an individual.

34. Discuss the functions of the ‘data protection commissioner’ under the terms of this act. •  The data protection commissioner has enforcement powers including the serving of legal notices compelling data controllers to provide information needed and to correct personal data. •  The data protection commissioner may investigate complaints made by the general public and can authorise officers to enter premises and to inspect the type of personal information kept, how it is processed and the security measures in place.

35. The data protection commissioner publishes an annual report which names in certain cases those data controllers that were the subject of investigation or action by his Office. •  The data protection commissioner maintains a register of data controllers giving general details about the data handling practices of many important data controllers, such as Government Departments and financial institutions.

36. Special Duties set out by the Minister: The data protection commissioner shall also perform any functions in relation to data protection that the Minister may confer on him or her by regulations for the purpose of enabling the Government to give effect to any international obligations of the State. •  Information Notices: The Data Protection Commissioner may require any person to provide him with whatever information the Commissioner needs to carry out his functions, such as to pursue an investigation.

37. Prohibition Notice: Under section 11 of the Data Protection Acts, 1988 and 2003, the Data Protection Commissioner may prohibit the transfer of personal data from the State to a place outside the State. •  Appoint an Authorised Officer: Under section 24 of the Data Protection Acts, 1988 and 2003 the Data Protection Commissioner may appoint an "authorised officer" to enter and examine the premises of a data controller or data processor, to enable the Commissioner to carry out his functions, such as to pursue an investigation.

38. Small Claims Court • Evaluate any two of the following • legislative approaches to solving conflict: • (i) The small claims court deals with consumer claims and business claims relating to goods or services purchased for private use, up to a maximum value of €2,000. It is possible to pursue small claims through this service against product and service providers in any EU state, except Denmark. How does the small claims court operate? •  Both sides in the dispute get to make their case and are encouraged to reach an agreed settlement. No solicitors are required. •  Decisions made by the registrar of the court are not legally binding but are usually accepted. •  Appeals came be made through the District Court and heard before a judge. Evaluation: Own judgement required

39. workplace Relations Commission (WRC) was LRC • is responsible for promoting good industrial relations practices and procedures through the provision of a range of services to employers, trade unions and employees. How does the Labour Relations Commission operate? •  Conciliation Service/Workplace Mediation Service – voluntary process/ independent third party mediates/outcomes reached by consensus/not legally binding. •  Rights Commissioner Service – single/small group of employees/issues connected to minimum wages, safety at work. •  Industrial Relations Advisory Service – grievance procedures/codes of best practice. •  Appointment of Equality Officers and the provision of staff and facilities for them to investigate issues in relation to discrimination. •  Reviewing and monitoring developments in the area of industrial relations. Evaluation: Own judgement required

40. Employment Appeals Tribunal.eat • Note: The Future It is planned that in 2013 a Workplace Relations Commission will bring together the existing services of the • Labour Relations Commission, Rights Commissioner Service, Equality Tribunal, the National Employment Rights Authority and the first instance functions of the Employment Appeals Tribunal. • The Labour Court will be the single appeal body for all workplace relations appeals, including those currently heard by the Employment Appeals Tribunal.