xxxxx
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.