Legal rules


Question one: There are significant differences in the rights a worker is entitled to depending on whether that worker has a contract of service or a contract for services. Explain the legal rules which a court or a tribunal will apply in order to determine whether a worker has a contract of service or contract for services. Candidates should refer to relevant case-law in the course of their answer. Question two: (A)  Discrimination on the grounds of age is prohibited under Irish law. Explain the legal rules in relation to this and demonstrate your understanding by referring to one relevant case.  (B)  A company is one of the structures which a business person may choose to use as the vehicle for the operation of their business. Following on from the above statement, answer ALL of the following parts: (i)  Name two other possible approaches to the operation of a business and briefly describe each of these. (ii)  Identify any four advantages which a company offers as a vehicle to operate a business and briefly explain each of these advantages. (iii)  Name the legislation which governs the formation and operation of companies in Ireland. (iv) On what date did the legislation referred to in your answer to question (iii) begin to come into operation? Question three: Dowling’s Pharmacy Ltd is a medium-sized business which owns and operates 3 pharmacies in city centre Dublin. The company is doing well commercially (despite the government’s COVID-19 related restrictions). On the 30th October 2020, the company held a general meeting and its three shareholders were in attendance. At this general meeting, in accordance with Section 144 of the Companies Act 2014, Mary Smith was elected as a Director of the company by ordinary resolution of the shareholders with responsibility for marketing.  Mary is very excited about this development; however, she realises now that she may not understand the role of a director, and the different obligations which she now has. Her previous professional experience in marketing was as an employee.  Mary now seeks your legal advice about her new role as a director of Dowling’s Pharmacy Limited. She wants you to advise her about any duties or obligations she has to comply with as a Director.  Explain to Mary what her duties are, and refer to all relevant case-law and statutory provisions in your answer

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