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Legal Assignment Consider the impact of EC legislation and the relevant Irish law in this area. 1. Health and Safety in the workplace 2. Wrongful and Unfair dismissal; fair procedure Irish legislation - Health & Safety The employer owes a duty in tort to provide a safe system and place of work. (Barclay v. An Post and Another (HC, 7 July 1997) (Bradley v CIE) {1976} IR 217 · Duty of care is normally easy to establish. · Negligence is all about taking reasonable care. · Neighbour Principle - Proximity and foreseeability 7 The employer is required to act as a reasonable and prudent employer would have done in a similar circumstance. · The duty may vary with the workman's knowledge, age and experience, as well as physical disabilities, but also extensive experience or ability of an employee. · There is no duty to warn of obvious risks 7 But an employer must take necessary steps to remove any unnecessary risks · Duty of care is categorised under 4 headings 1. To provide competent staff 2. To provide a safe place of work 3. To provide proper equipment 4. To provide a safe system of work · It is no longer sufficient to show that the employee was aware of the dangers. The employer cannot assume that employees will act with regard to their own safety · Can an employee be held contributory negligent ? 7 Knowledge of danger is not enough 7 The idea of voluntary assumption of risk has virtually disappeared from employer's liability cases. · Safety, Health and Welfare at Work Act 1989 authorises the Health and Safety Authority to issue Approved Codes of Practice (AcoPs). They are technical specs. or standards to provide practical assistance to help comply with legislation.
Approximate Word count = 1176
Approximate Pages = 4.7
(250 words per page double spaced)
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