Case Law

Case Law

Case Law

The context of employment rights

More than 80% population of the world is hired by one or the other employer to fulfill the needs of the livelihood. The term employment itself is defined as “the state where an individual is hired to do a job against which he is paid”. All across the globe, more than 6 billion people are employed, however, rest one billion make their living through self-employment and entrepreneurship. Employment pertains to the engagement of an individual for any work that takes out his effort and time, and therefore, makes him getting paid for the job done.

Employment rights are one of the most important classifications of rights entitled to people all across the globe. These rights encompass of different legislations and legal obligations in different countries. However, the purpose of these rights is to provide an employee with security through the law of the country. The world is approaching the era of economic globalization, and therefore, it is undergoing through the most colossal expansion of business activities all across the globe. In the context, the premise stands for support that organizations need people, and similarly people need organizations. Employment rights or employee rights are therefore, a set of legal code that pertains to the protection of basic, as well as, secondary requirement of the employee from the organization.

The rationale of building a separate code of rights for employees has a very strong ground. As witnessed by the human history, employer treated employees with contempt implying that they are being paid and therefore they have no right to voice the concerns and issues. People voicing for their rights used to get fired and therefore the corporate world was merely into the hands of those who owned the organizations, rather than, those who ran them. The early 20th century had evolved with movements and other social initiates that led to the formation of prompt employee rights system in the legal bodies all across the globe (Martin & Co, 2003, 9-16).

Necessity of knowing the employee rights

It is extremely essential for both the employee, as well as, the employer to know the rights of an employee. Legal principles had to be known by both the parties prior they get inside a legally binding relationship. In case of violation, any party could sue the other party in the court without information prior to the situation. However, in case of employee it is very essential to know his or her rights when the organization misleads him or her through traps.

It is a very commonly adapted practice for employers who know their employees are unaware of their rights, to do workplace bullying. In case, if both the parties are well-aware of the rights, the matters could run smoothly lead to the mutual benefit (NERA, n.d, 16-22).

The case

The case pertains to a software development firm located in The Republic of Ireland. The case law encompasses of the fact that employers often care lesser about the rights of those ...