Ujit

th
5 Year
Business
Higher Level
Rónán Murdock
Unit 1
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Unit 1 will not appear in your ABQ question. It will in appear Section 3,
Question 1. It will be worth between 15% and 20% of your total Leaving
Cert exam.
Table of Contents
People in Business ……………....…………………………...……….….2

Consumer Conflict ……………....…….………………………………..22
Industrial Relations Conflict ……………………………..……..............35
Where could you expect to see Unit 1 in June 2017?
Short Questions 20 Marks

A.B.Q. 0 Marks
Long Questions 60 Marks Between 15% and 20% of
your leaving Cert Grade.
Total 80 Marks
© Dublin School of Grinds Page 1 Rónán Murdock

People in Business
A business is an organisation. It is set up to provide goods & services. Stakeholders are any
person/ group who is directly affected by the decisions a business takes.
Who are the main stakeholders in business?

1. Entrepreneurs
2. Investors Have two points and
an example prepared
3. Employers/ Managers
for each stakeholder!
4. Employees/ Workers
5. Producers
6. Suppliers/ Service Providers
7. Consumers
8. Interest Groups
1. THE ROLE OF THE ENTREPRENEUR IN BUSINESS

An Entrepreneur à a person who thinks up new ideas and use their initiative to turn their
ideas into business realities.
When an entrepreneur sets up a business they face 2 risks:
1. Personal Risk – The risk that if the business fails they will lose their confidence.
2. Financial Risk – The risk that if the business fails they will lose any money they have
invested.
What example should you go with in the
leaving cert?
A or B
Examples of Entrepreneurs:
a) Mark Zuckerberg set up Facebook in 2004. The social media giant has since been listed
on the NASDAQ and has over 1 billion active users per month.
b) Bill Gates founded Microsoft in 1975.
2. THE ROLE OF THE INVESTOR IN BUSINESS

An Investorà a person who provides an entrepreneur with the capital needed to set up and run
a business. They do so in the hope or receiving a return on investment.
The investor lends money to the entrepreneur in 2 ways:

1. Debt Capital – The entrepreneur has to repay the investor all money they have received
as well as paying them interest.
2. Equity Finance – The investor buys shares in the entrepreneur’s business. The investor
is now known as a shareholder and owns a percentage of the business.
Examples of Investor:
Duncan Banatyne from the show Dragon’s Den is an investor. He provides both capital and
training for entrepreneurs on the show.
NB à if you are stuck in the exam you could ______________________________________________.
3. THE ROLE OF THE EMPLOYER IN A BUSINESS

An Employer à a person who hires other people known as employees to work for them.
By law, employers must:

1. Provide employment contract
2. Provide proper working conditions
3. Pay agreed wages
Example of employer: Dell employ over 70,000 people worldwide.
NOTE: it’s not just big companies like Dell that employ people. Your local newsagent is an employer.
4. THE ROLE OF THE EMPLOYEE IN A BUSINESS

An Employee à a worker who bring a range of skills and expertise to the business.
By law, employees must:

1. Do an honest day’s work
2. Not break the terms and conditions in the contract employment
3. To accept and carry out reasonable instructions from management
Example of employee: a computer engineer who works in Dell manufacturing computers.
5. THE ROLE OF THE PRODUCER IN A BUSINESS

A Producer à is a business that manufactures goods for the market. They take raw materials
and produce finished goods.
• The producer would not survive without the consumer. Therefor they must provide the
consumer with good prices, good service and top-quality products.
Example of producer: Dell produce computers

6. THE ROLE OF THE CONSUMER IN A BUSINESS
A Consumer à a person who buys goods/services from an entrepreneur for their own personal
use.
• Without the consumer there would be no market. They are the most important business
stakeholder.
• They look for good prices, good service and top-quality products.
Example of a consumer: A teenager buying a mobile phone for themselves
7. THE ROLE OF THE SERVICE PROVIDER IN A BUSINESS

A Supplier à a business that supplies an entrepreneur with the raw materials they need.
A Service Provider à a business that provides essential support services for an entrepreneur.
• This saves entrepreneurs the time and trouble of having to do themselves.
Examples of Service Providers:

1. Eircom provide businesses with communication services such as phone and internet.
2. Accountants provide accountancy expertise.
3. Panda provide waste disposal services
8. THE ROLE OF INTEREST GROUPS IN A BUSINESS

An Interest Group à an organisation that represents a particular group of people who have
similar needs or objectives. An interest group may oppose or support the activities of a
business,
In order to get what they want they pressurise the government and businesses to change their
practises. This is done through:
1. Lobbying
They lobby politicians through petitions, letters and protests.
2. Boycotts
They organise boycotts & publicity campaigns against businesses who act in an unethical
manner
Examples of Interest Groups:

1. The Irish Congress of Trade Unions (ICTU) fights for the rights of Irish workers.
2. IFA
3. Consumers Association of Ireland
Relationship Between Stakeholders
.
All stakeholders have different relationships with each other. They are as follows:
1. Co-operative Relationship
2. Competitive Relationship
3. Dependent Relationship
4. Dynamic Relationship à
1. Co-operative Relationship
This involves both parties working towards shared goals and for mutual benefit. A co-
operative relationship is a win-win situation.
Example: A co-operative relationship may exist between investors and entrepreneurs. An

investor wants the entrepreneur to be as successful as possible and therefor will help them in
any way possible. An entrepreneur wants to be successful so that they can attract investment in
the future and therefor works alongside the investor towards a shared goal.
This involves two or more rival parties. They both want to be successful but this is
impossible. There is only one winner in a competitive relationship.
Example: Ryanair and Aer Lingus compete with each other in an effort to attract new
consumers. If Ryanair announces half price fares for flights to New York Aer Lingus will often
announce a similar deal.
3. Dependent Relationship
This involves two or more parties that cannot achieve success on their own. The success of
one party depends on the actions of the other party. If one fails so does the other.
Example: A dependent relationship exists between consumers and producers. If consumers

stopped buying goods then there would be no demand for producers’ products and they would
go bankrupt. If there were no producers then there would be no goods available for consumers
to buy.

Contract Law
A Contract à a legally binding agreement between two or more parties.
What does legally binding mean?

• This means that if one party breaks the agreement, a judge can order that party to pay
compensation or force them to carry out the contract as originally agreed.
• For an agreement to be a contract it must contain all 8 elements of a contract.
1. Offer 2. Acceptance 3. Consideration 4. Intention to Contract
5. Capacity to 6. Consent to 7. Legality of 8. Legality of Purpose

Contract Contract Form
1. Offer
An Offer à when one party asks another party to enter into a deal with them.
• To be a valid offer, they must set out all the terms of the deal clearly, completely &
without any conditions attached.
• An offer may be in speaking, writing or conduct1.
• An offer can be withdrawn at any stage before the other person accepts it.
Note! à Do not confuse an offer with an INVITATION TO TREAT.

A price tag on an item in a shop window is not an offer by the shop. It is considered to be an
invitation to treat. They are only an indicator of the price that the seller is willing to consider and
possibly accept if offered. The seller/shop is free to reject any offers made by the customer.
NB à Make sure you know the difference between invitation to treat and an offer. It is a common question on
the big LC.
2. Acceptance
Acceptance à is when a party who receives an offer agrees to all the terms of the deal without
any conditions.
• They can accept it by speaking, in writing or by conduct2.
• The party who receives the offer must accept all the conditions exactly as the contract
lays them out and cannot change them.
• To change any conditions is called a counter offer. A counter offer is considered as a
new offer and also as an automatic rejection of the first offer.
1
For example, you are offering to buy groceries at the supermarket when you place them on the conveyor belt.
2
The supermarket accepts your offer to buy the groceries when the shop assistant scans them.
3. Consideration
Consideration à for an agreement to be a contract each party must give something of value to
the other party. This payment is also known as a consideration.
Example: In the supermarket case you get the groceries and the shop gets the money. (The
supermarket gives you groceries as consideration; you give them cash as consideration)
4. Intention to contract
Intention to contract à both parties intend on the agreement to be a legally binding contract.
They must be aware that they could end up in court if they break any conditions of the contract.
Irish law presumes that:
1. All business agreements are intended to be legally binding.
2. All social agreements are not intended to be legally binding.
(Between family members or friends.)
5. Capacity to contract
Capacity to contract à this means that all parties involved in the agreement have the power
and legal ability to make a contract which is enforceable by law.
The following people and businesses do not have the capacity to make a contract:
1. Age - People under the age of 18.
2. Mentality - People who mentally cannot make a sensible decision because they are
drunk, on drugs or insane.
3. Ultra Vires - A company cannot enter into a contract beyond their power as set out in
their Memorandum of Association. Any activity not covered by this document is said to
be ultra vires.
4. Diplomatic Immunity - Diplomats cannot enter a contract because they have diplomatic
immunity. This means they cannot be taken to court. A person who cannot be sued
cannot enter a contract because this is one of the remedies for a breached contract.

6. Consent to Contract
Consent to contract à all parties entering into a contract must do so on their own free will.
• One party cannot force another into a contract.
• Both parties must understand the conditions of the contract.
Example: You cannot be bullied (by threat or intimidation) into selling your own house.
Extreme Example: You are deciding on your will. Your son puts a gun up to your head and
says he will kill his brothers and sisters unless you leave him 90% of your wealth. You are
forced to leave him 90% of you wealth in your will however the will is not valid as you did not
do so under your own free will.
This is an answer I came across correcting papers. Not only was this
student an absolute nutcase but he also wasted valuable time.
7. Legality of Form
Legality of Form à some contracts are not considered valid if they are not in written form.
Example: When buying a house a contract must be in written form. Otherwise the contract is
invalid. The seller or buyer can pull out of the agreement up to any time before both parties
sign the written contract.
8. Legality of Purpose
Legality of Purpose à contracts that involve illegal actions are not considered valid.
Example: a judge will not award compensation to a drug dealer if his smuggler doesn’t import
drugs as promised.
NOTE: come up with your own extravagant examples to help you remember the 8 elements of a contract.
Practice Listing the 8 Elements

1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
Termination of a Contract
1. Agreement
The termination of a contract when all parties involved agree to cancel the contract before it
is carried out. This happens when neither party benefit from the completion of a contract.
Example: In 2013 The Jonas Brothers and their concert organisers agreed to cancel their
USA tour due to “appalling” ticket sales.
2. Performance
If both parties to the contract fulfil their contract obligations, the contract has been completely
performed.
Example: One Direction are paid €2,000,000 to perform at Croke Park. Upon full payment and
completion of the concert the contract is terminated as both parties have fulfilled their
obligations.
3. Breach of Contract
If either parties fail to carry out their part of the agreement the contract will be terminated, this
happens when they break a condition of the contract. This is known as a breach of contract.
Example: If three band members from one direction don’t show up the contract is in breach
and they broke an essential condition of the contract.
4. Frustration
A contract comes to an end if some unforeseen event occurs which makes it impossible to
carry out the contract. Neither party is to blame.
Example 1: A one direction concert cancelled due to a hurricance.
Example 2: You order some clothes online from America. America enters a war and businesses
stop shipping goods out of the country because of the high likelihood of ships being bombed.
You don’t receive your clothes but you do receive your payment.
Whats wrong with example number 2?

The difference between a Condition and a Warranty
Condition
A condition is an essential element which goes to the heart of the contract. Breach of condition
is effectively breaking the contract.
Example: One Direction doesn’t show up for a Concert. This is a breach of condition. The
contract is terminated and the concert organisers can sue One Direction.
Warranty
A warranty is a less important part of the agreement. A breach of warranty will often not break
the contract. Breach of warranty generally results in a fine.
Example: One Direction don’t show up for sound checks on the day of the concert. This is a
breach of warranty. The contract is not terminated and the concert still goes ahead. One
direction may be fined for this breach of warranty.
Suppose One Direction don’t
show up for a concert.
What happens?
Remedies for Breach of Contract

Breach of Contract à if any condition of a contract is broken then breach of contract is said to
have occurred.
1. Sue for Damages

The aggrieved party takes the other party to court. The aggrieved party receive financial
compensation for the loss suffered because of the breach. This is known as suing for damages.
Example: The Concert organisers sue One Direction for damages and loss of potential earnings.
2. Specific Performance
This involves the judge ordering the contract to be carried out as had been agreed. If the
contract is not carried out as agreed the aggrieved party may then sue for damages.
Example: One Direction redo the concert at a later date.
3. Rescind the contract

The contract be cancelled. Both parties return to exactly the same position they were in before
the contract started. This is a common remedy for contracts involving frustration.
Example: One Direction repay the concert organisers the €2,000,000 and both parties go their
separate way.
PAST EXAM QUESTIONS
2013 Section 3 – Question 1(c) – 20 Marks
Illustrate your understanding of the following terms in relation to a valid contract:
Agreement; Legality of form; Consideration.
8 marks (3+3+2)
6 marks (3+3)
6 marks (3+3)
2012 Section 3 – Question 1(b) – 20 Marks

A legal contract can be terminated by breach, frustration or agreement. Illustrate your
understanding of the underlined terms.
7 + 7 + 6 marks - (4 + 3), (4+3) and (3+3)
2012 Section 1 – Question 1 – 10 Marks

1. Stakeholder a) A party acting beyond its legal powers.
2. Ultra Vires b) A quick, inexpensive way for dealing with consumer complaints.
3. Lobbying c) The manner in which a contract is drawn up.
4. Legality of Form d) A party that can affect or be affected by business decisions.
5. Labour Court e) Using an organised campaign to influence a decision maker.
f) Establishes Joint Labour Committees.
1 2 3 4 5

2011 Section 3 – Question 1(a) – 15 Marks
Outline, using examples, the relationship that can exist between ‘Investors’ and ‘Entrepreneurs’
in business
15 marks (3+6+6)

In relation to the Law of Contract, illustrate your understanding of Capacity to Contract.
5 marks
5 marks
2009 Section 3 - Question 1(a) – 10 Marks

Describe, using examples, the role interest groups have in business.
4+4+2 Marks

2009 Section 3 – Question 1 (b) – 15 Marks
Discuss how consumers may benefit from the existence of a competitive relationship
between producers.
3 @ 5 Marks (2+3)

(a) Explain the legal term ‘consideration’.
(b) Outline two other elements of a legally binding contract.

Describe a competitive and a co-operative relationship that exist between two producers in the
same line of business. Use appropriate examples that support your answer.
8 + 7 marks
5 (2+3)+ 3 and 5(2+3) +2

In relation to the law of contract distinguish between the terms “offer” and “invitation to treat”

In a legal context, consideration means

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

Specific performance is a term used in contract law. Explain what it is and when it would be
used.

“The relationship between an enterprise and its stakeholders may be competitive or
cooperative”. Discuss this statement, with appropriate examples.
8 + 7 marks (3 + 3 +2) and

(3 + 3 + 1)
Explain the elements of a valid contract.
5 @ 4 Marks (2+2)
2005 Section 3 - Question 1 – 15 marks

Describe important aspects of the relationship between producers and consumers in business.
Producer/Consumer Relationship 5 + 5 + 5 marks (2 + 3)
2005 Section 3 - Question 1 – 20 Marks

Explain four methods by which a legal contract may be terminated.
1.
2.
3.
4.
Contract Termination 4 at 5 marks (2 + 3)

Explain the legal term ‘capacity to contract’. Give two examples of situations where an
individual or legal entity does not have capacity to contract.
4 + 3 +3 marks
2004 - Section 3 - Question 1(a) – 20 Marks

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 ongoing conflict
in the future.
Describe a co-operative and competitive relationship that would typically exist between Mecca
and other business organisations.
A Co-operative and a Competitive Relationship: 10 + 10 marks (4 + 4 + 2). Must illustrate with

example. (Total 20 marks)

Illustrate the role of interest groups in business.

Explain, using examples where appropriate, the essential elements of a valid contract.
1.
2.
3.
4.
5.
Elements of valid contract. 5 at 6 marks (2 + 2 + 2 marks). (Total 30 marks)

Describe, using examples, one co-operative and one competitive relationship that may exist
either between or within organisations.

Outline the role of any two parties involved in business.

Define ‘contract’. Outline why an invitation to treat is not a contract

Contrast the relationship that exists between entrepreneurs and investors in a business
enterprise.

1. Consumer a) The power of a natural or legal person, who is in a position to form a
contract.
2. Consideration b) People working together in a joint effort to help each other.
3. Capacity c) A term that is important and goes to the heart of a contract.
4. Co-operation d) A difference that arises between individuals or groups.
5. Condition e) A person or organisation who purchases goods or services.
f) A benefit that passes from one party to another in a contract
1 2 3 4 5

Explain the relationship between producers and consumers in business.

SAMPLE ANSWERS

Illustrate your understanding of the following terms in relation to a valid contract:
Agreement; Legality of form; Consideration.
Agreement
For an agreement to exist there must be a complete, unconditional offer and acceptance of that
offer. An offer is a proposal which becomes legally binding if accepted and may be written,
oral or implied. An acceptance is accepting the offer unconditionally and may be written, oral
or implied.
Example: Mary is selling her car for €500. John offers Mary €500 for the car. Mary agrees on
this price. They handshake on this deal. This is an agreement.
Legality of Form
Certain contracts must be drawn up in a particular manner to be considered legal. Some
contracts are invalid unless they are in written form.
Example: Mary agrees with John that she will sell him her house for €100,000. For this
agreement to be considered a contract they must fill out forms in writing. When property is
involved contracts must be in written form, otherwise they are considered invalid.
Consideration
A contract is not valid unless there is a consideration. This is the payment that each party
receives in exchange for entering the contract.
Example: In the car deal John pays Mary €500 as consideration. John receives the car as
consideration.

Specific Performance is a term used in contract law. Explain what it is and when it would be
used.
Specific Performance
Specific performance is when a judge orders one party in an agreement to carry out their side of
the contract as was originally planned. This may be on a later date than was previously
planned.
Example: If Eminem had planned a concert for Dublin in July and was paid a $250,000
advance but had to cancel because of illness a judge may order him to perform in August. This
way the event organiser is not at a disadvantage because of Eminem’s cancellation.
2004 - Section 3 - Question 1 – 20 Marks

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 ongoing conflict in the future.
Describe a co-operative and competitive relationship that would typically exist between Mecca
and other business organisations.
1. Co-Operative Relationship
A co-operative relationship is one in which both parties work side by side for the good of all
involved. Such a relationship is positive for both parties.
2. A co-operative relationship may exist between Mecca Enterprise and other business
organisations if they come together to work on a project. This is called a strategic alliance.
Mecca Enterprise may provide a gym instructor to develop a gym programme for customers
while the other business provides a dietician.
A competitive relationship is one in which both parties are in competition with one another.
There can only be one winner.
4. A competitive relationship may exist between Mecca Enterprise and another business in a
strategic alliance. There may be conflict between both parties over how profits are divided.
This may result in a law suit with either Mecca Enterprise or the other business being sued.
Define ‘contract’. Outline why an invitation to treat is not a contract
1. Contract
A contract is a binding agreement between two or more persons that is legally enforceable.
2. This means that if one party breaks the agreement, a judge can order that party to pay
compensation or force them to carry out the contract as originally agreed. An agreement is a
contract if, and only if, it contains the 8 elements of a contract which include: an offer, an
acceptance, legality of form etc.
3. Invitation to Treat
An invitation to treat may be a price tag on goods or an advertisement. Businesses use such
tools as a method of attracting customers and boosting sales.
4. An invitation to treat is not a contract because it does not contain an offer which is the first
element of any valid contract. The customer in a shop makes an offer when they take their
goods up to the till. The shop accepts or rejects such an offer.
NB à definitions from Unit 1 are particularly important. In the long questions you will often be asked to
define a term. If you can’t your down marks straight away.

Consumer Conflict
Consumer à a person who buys goods/ services from a business/ entrepreneur for their own
personal use.
Causes of consumer conflicts
1. Bad price
2. Bad customer service
3. Poor-quality goods/ services
Consumer conflicts can be solved in 2 ways:

1. Non-legislative methods
2. Legislative methods
Non-Legislative methods of Solving Consumer Conflicts
1. Meet and Negotiate

2. Letter of complaint
3. Consumer’s Association of Ireland
1. Meet and Negotiate

Negotiation à when the consumer and retailer bargain and try to reason with one another.
What steps are involved in negotiating?

1. The consumer approaches the manager and makes a complaint. The consumer’s tone
should be firm but polite.
2. The consumer shows proof of the purchase they have made.
3. The consumer and manager will continue to negotiate until a compromise has been met.
2. Letter of Complaint
If the consumer is unhappy with how their face-to-face negotiating goes they should write a
letter of complaint.
What steps are involved?

1. Write a formal letter.
2. Send it to both the shop manager and head office.
NOTE: writing a letter of complaint is good evidence in case third party intervention is required.

3. Consumers’ Association of Ireland
The Consumers’ Association of Ireland (CAI) is an interest group for consumers.
What is the CAI’s aim?

1. To ensure the consumer knows their rights, gets good value & high quality goods/
services.
How do they achieve this aim?
1. Magazine
They produce a magazine called Consumer Choice which encourages consumers to understand
their rights.
2. Telephone Service
They provide expert advice to any consumer through a telephone service. If a consumer has
any problems with a good/ service they can contact the CAI in this manner.
3. Website
The CAI has a website which informs consumers of where to find better value as well as better
quality goods/ services. A consumer can make a complaint through the CAI’s website.
NOTE: have you noticed that the CAI provides their consumer services through the Media? Well, have you?
Legislative Methods of Solving Consumer Conflicts
1. Sales of Goods and Supply of Services Act, 1980.

2. Consumer Protection Act, 2007.
3. National Consumer Agency.
4. Small Claim Courts.
5. The Ombudsman.

R.I.G.S.
Sales of Goods and Supply of Services Act, 1980

1. Goods and Services
Any good a consumer buys must be of merchantable quality, fit for their purpose, as described
& identical to any sample shown.
When a consumer buys a service they have the right to expect the supplier has the necessary
skill set and that they provide the service with proper care and attention.
If any of the above rules are broken by a service a consumer is entitled to a remedy.
Refund, Replacement of product / service or Repair of fault.
2. Retailer is Responsible
The responsibility for sorting out a complaint from a consumer rests with the retailer.
This is because when a consumer buys a good/ service a contract is formed between both the
retailer/ supplier and the consumer.
I
3. llegal Signs
This law makes the hanging of certain signs illegal.
Examples include:
No Refunds Credit Notes Only No Refunds on Sale Items
4. Guarantee
A guarantee can give the consumer extra protection or give the consumer extra choice.
Guarantees cannot overwrite the law.
5. Inertia elling S
This is where goods are sent to a person who hasn’t ordered them and the seller later demands
payment for them after the consumer has used it. This law makes this practice illegal.
Evaluation
The law does a good job of protecting consumers because it ensures the consumer that a good
or service is of a merchantable quality and that they cannot be fooled by illegal signs.

Like most questions in business obtaining a high grade in this
question requires remembering the titles. Think of your friend
fraping you on facebook to help you remember the titles. FRAPE!
The Consumer Protection Act, 2007
1. Protects consumers against False claims made about goods and services
1. About the product or service. à A company saying their food is fat free when it’s not.
2. About usage/ history of 2nd hand goods. à A car dealer changing the mileage on a car.
2. Restricted Practices
Certain acts are banned under this law:
1. Making false claims about cures for illnesses.
2. Offering free prizes when it costs money to claim these prizes.
3. Running competitions when the top prize is not available
3. Aggressive Selling
1. Threatening, abusive language and behaviour on the retailer part is banned by this law.
2. A retailer cannot take advantage of a consumer’s circumstances. (old age etc.)
4. Pricing
1. Grocery stores selling Fruit must provide weighing scales.
2. If a special offer price is only available for a limited period this must be clearly stated.
3. In emergency situations the government can introduce a maximum price for a product.
5. Enforcement of the Act

The National Consumer Agency was established under the Consumer Protection Act 2007.
It’s role is to enforce the Consumer Protection Act.
• Compliance Notice
The NCA can issue a business with a compliance notice. This orders a business to stop
engaging in prohibited practices and to obey the law by a certain date.
• Prohibition Order
A prohibition order is similar to a compliance notice only that the business under the
prohibition order must stop engaging in prohibited practices and obey the law immediately.
• Name & Shame
The NCA can publish the names of businesses that break the act. All consumers can avail of
this information.
• Fines
The NCA have the power to issue on-the-spot fines to a business if they breach and aspect of
the act.
B.R.A.C.E.
Functions of the National Consumer Agency (NCA)
1. Breaches of the act
It investigates businesses that breach consumer law. It has the power to:
• Enter the business premises (with/ without Gardaí)
• Take evidence
• Apply to the courts for search warrants.
1. Rights of Consumers
It informs consumers about their rights in a number of ways:
• It provides a consumer phone service that provides consumers with information on how
to solve their problems.
• It runs a website full of consumer information- www.consumerconnect.ie
2. Advocate for Consumers

• By being an advocate The National Consumer Agency promotes and protects the interests
of consumers.
• It informs the government of consumers’ problems so that these can be sorted out by law.
4. Conducts Research
• It carries out research into consumer issues to find out what the most important issues to
Irish consumers are, what areas of consumer law need to be updated and what areas
consumers lack in information/ need more information about.
5. Enforcement of Consumer Protection Act

It makes sure consumer legislation is followed by businesses.
• It has the power to issue on-the-spot fines to businesses that break the law about price
displays.
• It can “name and shame” businesses that break consumer law by publishing their details
in its Consumer Protection List.
If you are asked about the functions of the National

Consumer Agency think of the word BRACE.

75% Success rate.
Small Claims Court

If a consumer and a retailer are unable to resolve a dispute the consumer might look to bring the
retailer to The Small Claims Court.
Aim à sort out consumer claims quickly, cheaply and without a solicitor
If this comes up in the Leaving Cert give the examiner the following facts.
1. The largest amount a consumer can sue a retailer for is €2,000.

2. A special application form must be filled out along with a €25 fee.
3. This meeting is as informal as possible and private.
4. After listening to all the evidence the Registrar makes their ruling.
5. There is no need for a __________________ to be present..
6. It the Registrar is unable to solve the complaint, they will bring the case to the District
Court for a hearing.
Evaluation of the Small Claims Court

The Small Claims Court is very efficient in protecting the consumer because it is quick, cheap
and a solicitor is only optional.
Cav eat Em ptor à Let the buyer bew are

The consumer should take proper care when buying goods / services. They must
1. Research the range of products available.
2. Compare the prices and quality
3. Read the small print that comes with the product.

1. This service is free of charge.
2. The ombudsman is
independent of the
government.
The Ombudsman
If a consumer has a problem with any of the 4 following public bodies they can make a
complaint to The Ombudsman. Legally the ombudsman can investigate the following 4
institutions.
Government Departments An Post

Health Services Executive (HSE) Local Authorities
The Ombudsman operates as follows:
1. Complaint
The consumer makes a complaint to The Ombudsman, this must be done within one year of
the incident. There is no fee for the services of The Ombudsman.
2. Investigation
The ombudsman will investigate the complaint.
3. Recommendation
After considering all of the evidence The Ombudsman will make a recommendation.
• The recommendation/ findings are not legally binding.

• The public body doesn’t have to obey The Ombudsman.
• But if the public bodies don’t comply, The Ombudsman will include them in a
report sent to Dáil Éireann every year.
Evaluation of The Ombudsman

• The ombudsman is very effective because the service is provided free of charge.
• The Ombudsman also discourages bribery in public state bodies. The ombudsman is
independent of the government.
• Since 1984 The Office of the Ombudsman has helped over 80,000 people with valid
complaints and advised and guided many others.

PAST EXAM QUESTION

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.

What do the letters NCA stand for?
Outline two functions of the NCA:
(a) 4 marks
(b) 2 @ 3 marks (2+1) B.R.A.C.E.
Evaluate the role and functions of the National Consumer Agency (NCA) in protecting
consumers.
3 @ 6 marks (3+3)+2
R.I.G.S.
(i) Discuss the rights of consumers under the terms of the Sale of Goods and Supply of
Services Act 1980.
1)
2)
3)
4)
(ii) Illustrate two forms of redress available to consumers for breach of the Act.
1.
2.
4@ 5 marks (2+3)
2 @ 5 marks (2+3)

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.
7 marks (4+3)
7 marks (4+3)
6 marks (3+3) Evaluation required in both cases

R.I.G.S.
Describe the provisions of the Sale of goods and Supply of Services Act 1980 and evaluate its
effectiveness.
6 @ 5 marks (2 + 3)
B.R.A.C.E.
Outline two functions of the Director of Consumer Affairs (National Consumer Agency)
B.R.A.C.E.
Under the terms of the Consumer Information Act 1978 (Consumer Protection Act) describe
and evaluate the role of the director of consumer affairs. (National Consumer Agency)
Director Of Consumer Affairs 5 at 4 Marks + 5 evaluation

R.I.G.S.
Evaluate how effective the main provisions of the Sale of Goods and Supply of Services Act
1980 are in protecting customers.
PAST LEAVING CERT QUESTIONS

Evaluate the role and functions of the National Consumer Agency (NCA) in protecting
consumers.
1. Rights of Consumers
The NCA informs consumers about their rights. They provide a customer phone service which
gives consumers information on how to solve their problems. They provide a similar service on
their website: www.consumerconnect.ie
2. Breaches Investigation
The NCA investigates businesses that breach consumer law. It has the power to apply for a
search warrant, enter a business’ premises without Gardaí and take evidence.
3. Consumer Legislation
The NCA makes sure consumer legislation is followed by businesses by issuing on-the-spot
fines to businesses that break price display laws. They also name and shame businesses that
breach consumer laws in the Consumer Protection List.
Evaluation
The NCA was set up under the Consumer Protection Act 2007. I think they do a brilliant job in
protecting consumers against illegal commercial practices. Not only do they provide the above
functions, but they also conduct research into consumer issues. This often results in new
consumer legislation being introduced by the Irish government.

(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.
1. Goods
Under the terms of the Sales of Goods and Supply of Services Act 1980 any good a consumer
buys must be of merchantable quality and fit for their purpose. Goods must also be as described
and identical to any sample shown. These are the rights of consumers.
2. Services
This act also protects the consumer when they buy services. By law when a consumer buys a
service they have the right to expect that the supplier has the necessary skill set to provide the
service. The consumer is protected in that the supplier must provide the service with proper
care and diligence.
3. The Retailer is responsible

The Sales of Goods and Supply of Services Act 1980 states that the retailer is responsible for
sorting out any complaints the consumer may have. When a consumer buys a good/ service
they enter into a contract with the retailer and not the producer. This is why the retailer is
responsible for solving consumer complaints.
4. Inertia Selling
Inertia selling is where a person receives goods they did not order in the post. They are later
requested to pay for these unwanted goods. This Act makes inertia selling illegal which
protects the consumer.
Redress: Refund/ Replacement
1. Refund
If a consumer buys a good that does not meet the standards set out by the Sales of Goods and
Supply of Services Act they are entitle to a complete refund. This is one form of redress that is
used to solve consumer conflicts.
Example: You pay for a guided tour of Rome through English. The guide cannot speak English
and gives the tour in Italian. You are entitled to a refund.
2. Replacement
If a consumer buys a faulty good they can ask for a working replacement. This form of redress
is common, especially when the good cannot be easily repaired.
Example: You buy an iPad which stops working for no apparent reason. When you bring it to
the Apple Store they say it cannot be repaired. You are entitled to a replacement iPad.
NB à Make sure you know that when you are asked to refer to forms of “redress” that you are expected to use
the 3r’s – Refund, Repair, Replacement.
Why did a large number of students get 0
marks on this question?

Under the terms of the Consumer Information Act (Consumer Protection Act 2007) describe
and evaluate the role of the director of consumer affairs. (National Consumer Agency)
1. Information
The National Consumer Agency provides information for the consumer. It does so through
publishing consumer’s rights cards, a consumer phone service and a website:
www.consumerconnect.ie.
2. Investigation
The National Consumer Agency investigates businesses that breach consumer law. They have
the legal power to enter premises with or without Gardaí and to apply to the courts for search
warrants.
3. Consumer Legislation
The National Consumer Agency makes sure that businesses follow consumer legislation. They
do this through on-the-spot fines and also by naming & shaming.
4. Conducts Research
The National Consumer Agency carries out research on consumer issues. They inform the
government as to which laws are outdated and need to be reviewed. They also inform the
government about the most pressing consumer issues at a present time which need to be further
inspected.
5. Evaluation
In my opinion The National Consumer Agency is a very effective organisation. They protect
consumers through discouraging businesses to break consumer law. They achieve this through
investigations and on-the-spot fines. They also try to update old consumer laws which is
important.

Industrial Relations Conflict
Industrial Relations à the quality of the relationship between employers and employees.
Why is a good employee-employer relationship important?
1. Increased Morale and Productivity

Good industrial relations lead to happy workers. Happy workers with high morale are normally
more productive than unhappy workers.
2. Less Absenteeism
When workers are happy in their job they are less likely to call in absent. A good employee-
employer relationship is vital for this reason.
3. Lower Staff Turnover

Staff turnover is the rate at which employees leave a business. Employing new workers is
expensive because of high training costs. Good industrial relations result in decreased staff
turnover.
4. Customer Loyalty
When there is a good employee-employer relationship there is a smaller chance of constant
industrial action. Customers don’t enjoy strikes.
Pay Increases / Pav Claims

There are 4 reasons an employee may ask for a pay increase:
1. Productivity Increase
If an employee is asked to work harder by a manager they make look for compensation in the
form of a pay increase. This is known as a productivity claim.
2. Cost of Living Increase

Workers will often make a claim for a pay increase in an effort to keep up with general rising
prices and inflation. This is known as a cost of living claim.
3. Comparability Increase
This is where employees ask for a pay increase when they see workers from different business
doing similar jobs but earning more.
4. Relativity Increase
Sometimes people’s jobs are linked with each other. If one person receives a pay increase then
the other person may also seek one.

Trade Unions
Trade Union à an interest group that supports and represents employees in the workplace.
To be a member an employee pays an annual subscription to join the union.
Trade Union à 2 P’s in a POD

What are the functions/ benefits of being a member of a trade union?
1. Better Pay and Working Conditions

Trade unions do their best to get better pay and working conditions for their members.
2. Job Protection
Members of trade unions have much better job protection than non-members. The reason for
this is that trade unions will kick up a fuss if one of their members is fired, especially if they
were dismissed unfairly.
3. Pressure the government
Trade Unions will lobby for laws protecting working. These cans be laws relating to safety
regulations and maximum working hours per week etc.
4. Organise Industrial Action
The trade union organises industrial action by workers to influence the employer during a trade
dispute.
5. Representation & Negotiation in a Dispute
In the case of an industrial dispute the trade union will represent its members. The union will
pay for any legal costs involved in solving conflicts its members may have in the workplace
P à Pay à Better pay and Working Conditions

P à Protection à Job Protection
P à Pressure à Pressure the government
O à Organise à Organise Industrial Action
D à Dispute à Representation in a dispute
Shop Steward
A shop steward is a worker and trade union member that has been elected by co-workers as
their representative in the workplace. What does the shop steward do?
1. Recruit new members.
2. Provide information for new members.
3. Communicate with employer about trade union members’ concerns.
4. Communicate with headquarters about trade union members’ concerns.

Types of Industrial Action
Action taken by workers in an effort to solve an industrial dispute.
Here is a summary of different types of industrial actions:
1. Strike
S
2. Wildcat Strike
3. All-out strike W
4. Token stoppage A
5. Sympathetic strike T
6. Work to rule S
1. Strike (Official or Unofficial)
Strikes can be either official or unofficial. An official strike is legal in Ireland. First employees
must hold a secret vote. If 51% of people want to go on strike they give their employer 7 days’
notice.The trade union instructs employees to cease working. They will pay workers strike pay.
An unofficial strike is illegal in Ireland. An unofficial strike is one where employees don’t hold
a secret vote and/or don’t give their employer 7 days’ notice. The trade union doesn’t
recognise unofficial strikes and will not pay workers strike pay.
2. Lightning/ Wildcat Strike

This is a sudden strike where no prior notice has been given. Employees literally walk out of
the job. This sort of a strike is illegal in Ireland.
3. All-out Strike
This is where every single employee in the business goes on strike. For an all-out strike to be
legal the workers must get the approval of the Irish Congress of Trade Unions.
4. Token Stoppage
Workers temporarily stop work for a short period of time. This is an attempt to get the employer
to listen to the workers and solve industrial disputes.
5. Sympathetic Strike
This is where other workers or members of trade unions go on strike in support of co-workers.
Many of these workers have nothing to do with the strike.
6. Work to rule
This is where workers do the least amount of work possible under the terms of their
employment contracts. An overtime ban or go slow may be part of “working to rule”.

N.C.A.
Non-Legislative Methods of Solving Industrial Conflicts
Non-Legislative methods for solving industrial disputes generally consist of meetings and
discussions.
1. Negotiation
This is where an employer/ manager and representatives of the employee (trade union) sit down
with one another. They will discuss the reason for the dispute and attempt to come to a
solution. Any deal that is agreed is known as a “collective agreement”. This collective
agreement holds no legal power.
2. Conciliation
This is where a third party known as a conciliator attempts to bring the employee and employer
to a mutual solution. The conciliator is independent of the employee and employer.
Steps involved in conciliation:
1. The conciliator listens to the employee/ employer discuss the industrial conflict.
2. The conciliator will give their opinion on how best to resolve the conflict. This will come
in the form of a formula of protocol to be followed.
3. Both parties can accept/ reject the conciliators formula of protocol.
3. Arbitration
This is where a third party known as an arbitrator investigates an industrial dispute. The
arbitrator will make a judgement on the matter.
Steps involved in arbitration:
1. Firstly the employee and employer can agree beforehand as to whether the judgement
will be legally binding. If they both agree it will be this is called “binding arbitration”.
2. The arbitrator listens to both parties side of the story.
3. The arbitrator gives a ruling on how best to resolve the conflict. This ruling is called a
judgement. Legislation à any law the government passes.
Legislative Methods of Solving Industrial Conflicts

This is where industrial conflicts are solved by using Irish law.
Here is a summary of a number of acts that are used as legislative methods of solving conflicts:
1. Industrial Relations Act, 1990.
2. The Labour Relations Commission.
3. The Labour Court.
4. Employment Equality Act, 1998.
5. Unfair Dismissals Act, 1977 & 2007.
Industrial Relations Act, 1990
1. Trade Dispute à This Act defines what a legitimate / illegal trade dispute is.
Legitimate Trade dispute Illegal Trade disputes
1. Dismissal/ Suspension 1. Disagreement on how business should
Workers have a legitimate trade dispute is there be run
is an issue surrounding the dismissal or A dispute is illegal if it concerns an
suspension of a co-worker. employee unhappy with how the employer
2. Trade union recognition runs the business.
If a business fails to recognise at least 1 union 2. Dispute of a political nature
then employees have a legitimate trade dispute. An employer and employee who share
3. Discrimination different political views is not grounds for a
Any employee who is discriminated against has legitimate trade dispute.
3. Attempt to enforce a closed-shop
a legitimate trade dispute.
agreement
4. Pay and working conditions
This is where a worker can only have a job in
If they’re not satisfying or safe then employees
a certain business if they are a member of a
have a legitimate trade dispute. specific union.
2. Immunity
A strike is legal once there has been a secret ballot, a week’s notice and it is peaceful. Thus, if a
strike is legal workers cannot be sued, arrested or stopped.
3. Secret Ballot and a Week’s Notice

If employees want to go on strike, they must
1. Have a secret ballot/ vote with 51% or more employees vote in favour of a strike.
2. Give their employer a week’s notice before commencing the strike.
3. Have permission from their trade union
4. Primary and Secondary Picketing Legal

Primary picketing is where the employees go on strike outside their business premises.
Secondary picketing is where the employees go on strike outside another business which is
providing workers during the strike.
5. Labour Relations Commission

The labour Relations Commission was set up under the Industrial Relations Act..
Evaluation of the Industrial Relations Act

Very effective because it makes employers not recognising at least one trade union a legitimate
trade dispute.

Labour Relations Commission
L R C
The Labour Relations Commission was set up under the Industrial Relations Act, E
1990 to C
1. Assist in settling trade disputes and promote improves industrial relations. A
2. Reduce the number of industrial conflicts coming before the Labour Court. P
Functions of the Labour Relations Commission
1. Rights Commissioner
The LRC appoints a Rights Commissioner who deals with industrial conflicts involving an
individual or a small group of employees. This recognises the fact that some industrial
disputes only affect a small number of workers.
The Rights Commissioner will investigate such cases and issue a non-binding recommendation
or a decision. This decision may be appealed to the Labour Court.
2. Equality Officer
The LRC appoints an Equality Officer. The Equality Officer investigates disputes that cover
the Employment Equality Act 1998.
Over 80% success rate.
3. Conciliation service
The LRC employs an Industrial Relations Officer (I.R.O.) who provides a conciliation service.
Their job is to try and solve any disputes between employers and employees.
4. Advisory, development and research service

The LRC provides advice to employees and employers on how best to deal with their industrial
conflicts. They also research industrial conflicts with a view to developing codes of practices
that avoid such conflicts in the first place.
5. Codes of Practice
The LRC consults with the ICTU and designs codes of practice. These codes of practice make
it clear for employees/ employers what they should do in specific situations of industrial
conflict.
Evaluation of the Labour Relations Commission

RE
Despite the fact that the LRC’s agreements are often not legally binding they are still very
effective with a success rate of ______% over the past number of years.
I don’t really care
Not a court of law!
about
The Labour Court codes of practice
Why is it called the court of last resort? ID Investigate Disputes

Because disputes are referred to the labour court if: RC Rights Commissioner
1. The L.R.C. can’t resolve the dispute. A Collective Agreements
2. A decision by the rights commissioner is appealed. COP Codes of Practice
3. A decision by the equality officer is appealed. JLC Joint Labour Committees
Functions of the Labour Court
1. Investigate disputes
The Labour Court investigates disputes between employers and employees. It gives a non-
legally binding recommendation to both parties.
2. Hear appeals against the Rights Commissioners’ recommendation
If either party rejects the recommendation of the Rights Commissioner the case will be sent to
the Labour Court. They will issue a legally-binding recommendation in such cases.
3. Register Collective Agreements
The Labour Court registers any collective agreements between employers and employees.
Once these agreements are registered they are legally binding.
4. Interpret Codes of Practice

The Labour Court interprets the Labour Relations Commissioner’s codes of practice. It will
also investigate any breach of these codes of practice.
5. Joint Labour Committees

Establishes Joint Labour Committees which produce employment regulation orders
enforceable by law. They regulate industries where workers have no union.
Evaluation of the Labour Court

Because the Labour Court is a court of last resort for solving industrial conflicts most
employees and employers accept their recommendations. The Labour Court also has the respect
of all parties in Industrial relations and the majority of their recommendations are accepted.
I don’t really care about Codes of Practice or

Joint Labour Committees

Unfair Dismissal Act, 1977-2007
This Act protects all employees between the ages 16-66 who have at least 1 year’s continuous
service with the same employer from being fired unfairly.
1/ 2. Grounds for a fair/ unfair dismissal

Reasons for Fair Dismissal Reasons for Unfair Dismissal
1. Incapable of doing the job 1. Member of a union
2. Incompetent 2. Pregnancy
3. Not qualified 3. Religion
4. Race
4. Misconduct
5. Suing employer
5. Redundancies 6. Traveller
7. Sexuality
3. Procedure for dismissal that employers must follow.

1. Counsel – point out what is wrong and must be fixed by the employee.
2. Verbal warning – employee is told they will be dismissed if they don’t fix the problem.
3. Written warning – same as verbal warning except in the form of a letter.
4. Suspension – Employee is then suspended.
5. Dismissal – the employee is dismissed.
DAMAGES
4. Redress for Unfair Dismissal
The 3 solutions for workers that are unfairly dismissed:
JOB (CASH)
A. Re-instatement
The employee returns to their old job and receives
damages for a loss in pay.
B. Re-engagement
The employee returns to their old job. The employee
does not receive damages for a loss in pay.
C. Compensation
The employee compensation for the period they were
dismissed for. The maximum compensation is 2 years
pay. They don’t get their job back.
5. Constructive Dismissal
This Act makes constructive dismissal illegal. Constructive dismissal is when an employee
resigns due to their employer’s unfair behaviour towards them. The employee should take a
case to the Rights Commissioner in such a situation. It is up to the employee to prove the case.
Evaluation
Employees are protected against bullying bosses who practice constructive dismissal.
The 5 main provisions of the Unfair Dismissals act are as follows. Notice that
every title contains the word dismissal.
5 Titles Hints Cover the answer and test yourself
Fair Dismissal Fired F Dismissal

Unfair Dismissal Unfairly? U Dismissal
Procedure for Dismissal Protest to P Dismissal
Redress for Dismissal Rights R Dismissal
Constructive Dismissal Commissioner C Dismissal
Remember
20 Marks = 4 Points
20 Marks = 8 Minutes
2004 Section 3 – Question 1c -‐ 20 Marks
Under the terms of the Unfair Dismissals Act 1977/1993 explain the grounds for dismissal
that are deemed to be unfair.
What should you do if you are unfairly dismissed?

Take a case to:
1. The Rights Commissioner from the Labour Relations Commission.
2. The Employment Appeals Tribunal.
Employment Appeals Tribunal (EAT)

The EAT à this is an independent body responsible for implementing employee’s rights.
Characteristics/ Functions:
1. 3 members – qualified chairperson, employee representative, employer representative.
2. The EAT hears a wide range of disputes including unfair dismissal claims.
3. The decision of the EAT is called a “determination”. It is legally binding and can only
be appealed to the High Court.
Employment Equality Act, 1998-2008
1. Discrimination
Discrimination occurs when one person is treated less favourably than another. This act
prevents discrimination in the workplace on the following 9 grounds:
Gender Marital Status Religion Don’t worry if you can’t

Age Family Status Disability remember all nine grounds they
Race Sexual Orientation Traveller
generally only ask for 5.
2. Employees must be Treated Equally
Under this Act employees must be treated equally in pay, in working conditions, in dismissal
and when they are being hired, trained & promoted. If they are not treated equally then they
are being discriminated against.
3. Positive discrimination
Under this Act employers are allowed to practice positive discrimination. This is where
employers make it easier for any of the 9 groups that are generally discriminated against to
achieve equality in the workplace.
4. Equality Authority
The Equality Authority was set up under the Employment Equality Act, 1998. Its functions
include:
1. Eliminating discrimination in the workplace.

2. Promoting equal opportunities for the 9 groups affected by discrimination.
3. Providing the public with information on the Employment Equality Act.
5. Director of the Equality Tribunal

Under this law the Director of Equality Tribunal was set up. Below you will find the functions
of the Director of Equality Tribunal.
Evaluation of Employment Equality Act

This act does a good job of protecting employees because there is a government backed official
whose RULING MUST BE OBEYED.
Remember the Equality Authority and Equality Tribunal was established under this Act.

Director of the Equality Tribunal / Investigations
The Director of the Equality Tribunal is called Niall McCutcheon.
1. Investigate Discrimination
The Director of the Equality Tribunal was set up by the Employment Equality Act, 1998 to
investigate cases of employee discrimination in the workplace. For a discrimination case to be
investigated by McCutcheon he must receive a complaint within 6 months.
2. Minor Case
In minor cases of discrimination, McCutcheon will refer the case to an Equality Mediation
Officer, who will investigate it informally and in private.
3. Serious Case
In serious cases of discrimination, McCutcheon will refer the case to an Equality Officer who
will investigate it formally.
4. Final Decision
It is the director himself who makes the final decision in all cases. His ruling must be obeyed.
Decisions are binding and enforceable through the Circuit Court. All decisions may be appealed
to the Labour Court within 42 days.
Minor Serious
Case DIRECTOR OF Case
EQUALITY TRIBUNAL
Equality
Equality Officer
Mediation
Officer
DIRECTOR OF
EQUALITY TRIBUNAL Compensation?

PAST EXAM QUESTIONS
The purpose of the Industrial Relations Act 1990 is to put in place an improved
framework for the conduct of industrial relations and the resolution of disputes.
(i) Outline three factors that can lead to industrial disputes in business.
SWATS
(ii) Discuss two types of official industrial action available to employees involved in an
industrial dispute with employers.
RECAP
Outline two functions of the Labour Relations Commission.

Evaluate any two of the following legislative approaches to solving conflict:
(i) Small Claims Court;
(ii) Labour Relations Commission;
(iii) Employment Appeals Tribunal.
10 marks ((4@2)+2 evaluation)

10 marks ((4+4)+2 evaluation)
10 marks ((4+4)+2 evaluation)

Explain the term ‘Constructive Dismissal’.
6 marks + 4 marks
2012 Section 3 – Question 1a – 20 Marks

Outline the procedures an employer should follow under the Unfair Dismissals Acts of 1977-
2007, before dismissing an employee.
7 +7+ 6 marks
(4+3), (4+3) and (3+3)

NCA
Describe how conflict between an employer and an employee could be resolved in a non-
legislative manner.
15 marks (5+5+5)

(i) Outline the impact on trade unions of the main provisions of the Industrial Relations Act
1990.
(ii) Describe two types of official industrial action a trade union can undertake as part of a
trade dispute.
3 @ 6marks (3 + 3)
2 @ 6 marks (3+ 3)

Outline three grounds for fair dismissal under the terms of Unfair Dismissals Act 1977/93.
1@ 4 marks (2+2)
2@3 marks(1+2)

2009 Section 3 – Question 1(c) -‐ (35 Marks)
(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.
12 Marks (8+4)
8 Marks (4 @ 2 Marks) ID Investigate Disputes
10 Marks (2@ 5 Marks (2+3)) RC Rights Commissioner
5 Marks (2+3) A Collective Agreements
COP Codes of Practice
JLC Joint Labour Committees
2008 Section 3 – Question 1c -‐ 20 Marks

Evaluate the role of the Labour Court in dealing with industrial disputes.
ID
RC
A
COP
JLC


2008 Section 1 – Short Question (10 Marks)
List five grounds under which employment discrimination is outlawed in Ireland.
2007 Section 3 – Question 1a (20 Marks)

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.
RECAP
(ii) explain the role of the Labour Relations Commission.
R à
E à
C à
A à
P à
10 marks (5 + 5)
10 marks [(5 + 5) (2 + 3)]
2006 Section 3 – Question 1(b) -‐ (25 Marks)

(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.
3 @ 5 marks (2 + 3)
2 @ 5 marks (2 + 3)
2004 Section 3 – Question 1c (20 Marks)
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.
2004 Section 3 – Question 1b (20 Marks)

Evaluate the role of the Director of Equality Investigations (tribunal) in solving conflicts in
business.

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.
1.
2.
3.
4.
5.

Evaluate under the Industrial Relations Act how the Labour Relations Commission
and the Labour Court deals with Industrial Relations Conflict.
RECAP
1.
2.
3.
4.
5.
ID Investigate Disputes
RC Rights Commissioner
A Collective Agreements
COP Codes of Practice
JLC Joint Labour Committees
Labour Court
1.
2.
3.
4.
5.


Distinguish between ‘Arbitration’ and ‘Conciliation’.

What is arbitration?

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.
2000 Section 3 – Question 1b (20 Marks)

Contrast the roles of a Rights Commissioner with that of the Data Protection Commissioner in
solving business conflicts.
RECAP
1999 Section 3 – Question 1 (25 Marks)
Evaluate the role of the Labour Relations Commission under the Industrial Relations Act 1990.

Sample Answers
Evaluate any two of the following legislative approaches to solving conflict:
(i) Small Claims Court;
(ii) Labour Relations Commission;
(iii) Employment Appeals Tribunal.
Small Claims Court

The aim of the small claims court is to solve any conflicts between the consumer and retailer
relating to goods and services up to a maximum value of €2,000. The court strives to resolve
such conflicts as cheaply and quickly as possible. Decisions are made through the registrar of
the court and are not legally binding but usually accepted.
Evaluation
I think the small claims court is a very effective method of solving retailer/ consumer conflicts.
The service is cheap at €18 and there is no requirement for a solicitor to be present at a hearing.
There are small claim courts all over the country as opposed to just in Dublin.

The Labour Relations Commission was set up to solve industrial disputes. This is achieved
through providing a conciliation service in the form of an industrial relations officer who will sit
down with both the employer and employee in an effort to find a mutual agreement. They also
design codes of practice in an effort to avoid industrial conflicts in the first place.
Evaluation
The main reason the Labour Relations Commission is so effective is because they have a Rights
Commissioner who strives to resolve conflicts between employees and employers. The Rights
Commissioner achieves this through a private hearing where they hear both the employee and
employers point of view. They give a recommendation as to how best solve any conflict.
Employment Appeals Tribunal

The Employment Appeals Tribunal was set up under the Unfair Dismissal Act 1977/1993. It
investigates infringements of employees’ rights in a quick, fair, informal and inexpensive
manner. It is a common legislative approach to solving conflicts between employees and
employers.
Evaluation
The Employment Appeals Tribunal deals with conflicts that develop because of unfair
dismissal. I think they are very effective at what they do. After listening to a case they come up
with a judgement. It is so effective at solving conflicts because this judgement can only be
appealed through the courts.

Explain the term ‘Constructive Dismissal’.
Constructive dismissal is when an employee gives up work because of the ill-behaviour of an

employer towards them. If an employee quits a job because their manager was a bully this
would be deemed constructive dismissal.
Constructive dismissal is common when an employer needs to fire workers to cut down on
costs. In an effort to avoid the payment of a redundancy package they will come down hard on
the employee. Constructive dismissal is illegal.
NB à the above “short question” is only worth 10 marks. I’ve covered it in detail as an example. In the exam
however you will probably be under considerable time pressure. 2 points explained with two short sentences is
more than enough for questions of this type.
2012 Section 3 – Question 1a – 20 Marks

Outline the procedures an employer should follow under the Unfair Dismissals Acts of 1977-
2007, before dismissing an employee.
1. Counselling
The employee should receive training and support in an effort to strengthen their weaknesses. It
should be made clear to the employee that they may lose their job if they are unable to improve
in certain areas of their work.
2. Verbal warning
If the situation doesn’t improve after counselling the employer should issue the employee with a
formal verbal warning. This means the employee is told in speech that they may lose their job
if no improvements are evident.
3. Written Warning
If no improvements in the employee’s work is evident after a verbal warning then the employer
must issue the employee with a written warning. This sets out the reasons the employee may be
dismissed.
4. Appeal
If an employee is dismissed they have the right to appeal this decision at a fair hearing. An
unbiased decision on whether the dismissal was fair or not is made after representatives of the
employee/ employer explain their side if the story.
NB à this question was worth twenty marks. The normal rule in business is divide the marks by 5. This lets
you know how many points are required. i.e. 20 ÷ 5 = 4 points.
NB à the above rule is a general one but may vary depending on the marking scheme. In the above question
the marking scheme was: 3 points. 7 marks for the first two points & 6 marks for the final two. This suggests
many students struggled in finding 4 appropriate points.
(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.
(i) Employment discrimination

Employment discrimination is when one employee is treated unfairly when compared to another
employee. This is illegal in the workplace.
An employer cannot discriminate:

1. when hiring, training or promoting and employee.
2. in paying employees
1. Age
2. Sexuality
3. Disability
4. Traveller
(ii) Investigation – Minor Cases

McCutcheon investigates discrimination through mediation. If the discrimination is a minor
case he refers it to an Equality Mediation Officer who will investigate the case informally. The
mediation officer will attempt to find a solution which both the employee and employer agree
with.
Investigation – Serious Cases

If the Director of Equality Investigations (Niall McCutcheon) feels a discrimination case is
serious he will refer it to an Equality Officer. The equality officer will make a ruling after
listening to both parties’ side of story. This ruling is legally enforceable.
Evaluation
The Director of Equality Tribunals has a very important role in sorting out cases that involve
discrimination in the workplace. McCutcheon has the final say on how a case is dealt with. I
feel the Director of Equality Tribunals is effective in promoting equality in the workplace.
NB à the marking scheme for this question was as follows:

Explain discrimination as set out in this act 12 (8+4)
List four distinct grounds under which discrimination is outlawed 8 (4 @ 2 marks)
Role of the Director of Equality Tribunals 10 marks (2 @ 5 marks)
Evaluate 5 marks

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.
1. Dismissal of an employee
A trade dispute is legitimate if it is a result of a dismissal of another employee. In this case
employees in a business may go on strike.
2. Pay & Conditions

A legitimate trade dispute may arise over unfair pay and/ or conditions. An employee, by law,
has the right to expect satisfying working conditions and fair pay.
3. Discrimination
Discrimination of any kind towards employees in the workplace is deemed illegal. If an
employee is discriminated against while at work they have the right to perform a peaceful
picket.
4. Trade Union recognition

By law an employer must recognise at least one trade union. If they do not a legitimate trade
dispute may arise between an employer and employee. This is considered illegal.

Distinguish between ‘Arbitration’ and ‘Conciliation’.
Arbitration
Arbitration is a non-legislative approach to solving industrial disputes. A third, independent
party called an arbitrator investigates the dispute by listening to both the employee and
employer explain their side of the story. They then give a judgment. If the employer and
employee agreed in advance that the judgment will be legally binding the ruling is called a
binding arbitration.
Conciliation
Conciliation is also a non-legislative approach to solving industrial disputes. However the third,
independent party is called a conciliator or Industrial Relations Officer. Unlike with arbitration
the conciliator’s solution to an industrial dispute is not legally binding. This is the main
difference between arbitration and conciliation.
NB à if you are asked to distinguish between two terms your answer can have either 2 or 3 headings. In the
above example your answer may look like this: 1.Arbitration 2.Concilliation 3.Difference. You may
incorporate the difference into your answer like I have done in the above example.

ABQ PAST QUESTIONS
2009 – Section 2 – Question 1(c) – 30 Marks
(i) Describe, using the above text, one possible non-legislative and one legislative solution for
the industrial relations problem facing RES Ltd.
(ii) In your view how should Liam have dealt with the issue to lessen the likelihood of an
industrial relations conflict?
One non-legislative solution 10 Marks

5 marks(2+3) + 5 marks (2+3)
One legislative solution 10 Marks
5 marks(2+3) + 5 marks (2+3)
1999 – Section 2 – Question 1(b) – 20 marks

Draft a short report for the Board of Directors explaining the legislative methods that could be
used to solve the conflicts in the business.
3 legislative solutions – 15 Marks

5 marks each (2+2+1)
5 Marks – report structure
NOTE: If there is any pattern in the ABQ then you can be quietly confident that a question about legislative/
non-legislative methods of solving industrial conflicts could come up.
TIP: remember when you answer an ABQ you begin by pretending it is a normal long question. You state and
explain. After that you look through the text and try and find links and quotes that fit in with the points you
have made.

Now test yourself with last years paper. 25 Mins


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Looking to maximise 2nd Course FREE €295 €295

What do students get at FREE DAILY BUS SERVICE

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People in Business ……………....…………………………...……….….2

Where could you expect to see Unit 1 in June 2017?

Short Questions 20 Marks

© Dublin School of Grinds Page 1 Rónán Murdock

Who are the main stakeholders in business?

1. THE ROLE OF THE ENTREPRENEUR IN BUSINESS

2. THE ROLE OF THE INVESTOR IN BUSINESS

The investor lends money to the entrepreneur in 2 ways:

NB à if you are stuck in the exam you could ______________________________________________.

3. THE ROLE OF THE EMPLOYER IN A BUSINESS

By law, employers must:

Example of employer: Dell employ over 70,000 people worldwide.

4. THE ROLE OF THE EMPLOYEE IN A BUSINESS

By law, employees must:

Example of employee: a computer engineer who works in Dell manufacturing computers.

5. THE ROLE OF THE PRODUCER IN A BUSINESS

Example of producer: Dell produce computers

© Dublin School of Grinds Page 3 Rónán Murdock

Example of a consumer: A teenager buying a mobile phone for themselves

7. THE ROLE OF THE SERVICE PROVIDER IN A BUSINESS

• This saves entrepreneurs the time and trouble of having to do themselves.

Examples of Service Providers:

8. THE ROLE OF INTEREST GROUPS IN A BUSINESS

Examples of Interest Groups:

Example: A co-operative relationship may exist between investors and entrepreneurs. An

Example: A dependent relationship exists between consumers and producers. If consumers

© Dublin School of Grinds Page 5 Rónán Murdock

What does legally binding mean?

• For an agreement to be a contract it must contain all 8 elements of a contract.

1. Offer 2. Acceptance 3. Consideration 4. Intention to Contract

5. Capacity to 6. Consent to 7. Legality of 8. Legality of Purpose

Note! à Do not confuse an offer with an INVITATION TO TREAT.

© Dublin School of Grinds Page 7 Rónán Murdock

Practice Listing the 8 Elements

Example 1: A one direction concert cancelled due to a hurricance.

Whats wrong with example number 2?

© Dublin School of Grinds Page 9 Rónán Murdock

Remedies for Breach of Contract

1. Sue for Damages

Example: One Direction redo the concert at a later date.

3. Rescind the contract

2012 Section 3 – Question 1(b) – 20 Marks

7 + 7 + 6 marks - (4 + 3), (4+3) and (3+3)

2012 Section 1 – Question 1 – 10 Marks

© Dublin School of Grinds Page 11 Rónán Murdock

2010 Section 3 – Question 1(c) – 10 Marks

2009 Section 3 - Question 1(a) – 10 Marks

© Dublin School of Grinds Page 12 Rónán Murdock

2009 Section 1 – Question 8 – 10 Marks

2008 Section 3 - Question 1(a) – 15 Marks

2008 Section 1 – Question 2 – 10 Marks

© Dublin School of Grinds Page 13 Rónán Murdock

2007 Section 1 – Question 8 – 10 Marks

2007 Section 3 – Question 1 – 10 Marks

2006 Section 3 - Question 1(a) – 15 Marks

8 + 7 marks (3 + 3 +2) and