The recent case of ‘Arravasc Limited v Gerard Cahill’ has provided some clarity regarding what constitutes a disability under equality legislation and is a warning to Employers about how broadly this can be interpreted by the Courts.
In this case, the claimant […]
A transgender woman has won a case of direct and indirect discrimination against Ferries company Condor after one of its employees advised her to “use the disabled loos”.
Jersey based Condor Ferries was urged to remove the words ‘Ladies’ and ‘Gents’ from its toilets, and update its […]
The Protected Disclosures Act, 2014 is now in effect. The Protected Disclosure Bill 2013, commonly known as the ‘Whistleblowers Bill’ was published on July 3rd 2013 by the Minister for Public Expenditure and Reform, Brendan Howlin, T.D. The Bill was drafted to establish a comprehensive legislative framework protecting whistle-blowers in all industries in Ireland. The Bill recently passed through the Oireachtas and Minister Howlin announced the commencement of the Protected Disclosures Act, 2014 today. The purpose of this Act is to protect workers who raise concerns regarding wrongdoing (or potential wrongdoing) that they have become aware of one way or another in the workplace. The Act offers significant employment and other protections to whistle-blowers if they suffer any penalties at the hands of their employer for coming forward with information of wrongdoing in their place of work. The Protected Disclosures Act, 2014 closely reflects best practices in whistle-blowing protection in developed nations around the world. Minister Howlin said that the Act “sends out a very clear message that whistleblowers’ concerns must be listened to and acted on and those who make such reports should not be penalised for doing so.” The Minister wanted to “instil all workers with confidence that should they ever need to take that decisive step and speak-up on concerns that they have about possible misconduct in the workplace, they will find that society values their actions as entirely legitimate, appropriate and in the public interest”. Some key elements included in the Bill are as follows: Compensation of up to a maximum of five years remuneration can be awarded in the case of an Unfair Dismissal that came about as a result of making a protected disclosure. This is a massive step forward in Ireland’s attempt to match the standards set by other established nations. The Act also provides for interim relief if an employee is dismissed for making a protected disclosure. *It is important to note that limitations relating to the length of service that usually apply in Unfair Dismissals cases are set aside in instances of protected disclosures. As a result of this Act, whistle-blowers will benefit from civil immunity from actions for damages and a qualified privilege under defamation law. The legislation provides a number of disclosure channels for potential whistle-blowers and stresses that the disclosure, rather than the whistle-blower, should be the focus of the attention. The Act provides strong protections against the disclosure of a whistle-blower's identity. Protections for the whistle-blower remain in place even where the information disclosed does not reveal any wrongdoing when examined. Deliberate false reporting, however, is not be protected. These measures should encourage more people to come forward, and feel comfortable doing so, when they become aware of (or suspect) any criminal activity, misconduct or wrongdoing in the workplace. What should employers do? As it applies to all employees in Ireland including contractors, agency workers, Gardaí and members of the defence forces; all employers should establish and clearly communicate a comprehensive ‘whistleblowing’ policy to ensure that staff are aware of and understand the provisions of the Protected Disclosures Act, 2014. It is important that cultural issues and negative connotations surrounding whistle-blowing are addressed within companies to ensure that employees adhere to the appropriate whistleblowing guidelines.
Last update: 30/09/2014 @ 10:11
Philip en-route to Aix.
View from the top
Mid-way through the cycle while en-route to Aix.
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The group are expected to finish todays cycle in the next hour which will see them reach the half way point of the challenge.
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Today they left Montargis and travelled 143km to Nevers where they arrived at around 16:45. Tomorrow they will leave to cycle to Carpentras on stage 3 of the cycle.
Two cyclist have been injured in the last 48 hours which sadly means they will be unable to complete the challenge.
Check back again tomorrow for further updates and thanks again for all your support.
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Since 2011 Paris2Nice has raised €1.25m for a number of different charities. Paris2Nice is a central coordination hub, which in 2014 is supporting 95 riders to raise funds for 18 charities. The cycle will take place from 20th-25th September and the target for this year is €1,000,000!
Philip and Adie would like to pay a special thank you to everyone who has supported them over the last 9 months or contributed to this very worthy cause.
You can continue to contribute to this cause with all funds raised going directly to the charity.
Please note Philip and Adie will be paying for the cost of the trip independently of the fundraising, so be rest assured your donation will make a difference to those who need it.
€63,000 has been awarded to a receptionist by The Equality Tribunal after it found she was discriminated against on the grounds of gender and race, and subsequently victimised. Sylwia Wach, a Polish receptionist began working at the Waterford Travelodge in 2007 where she was initially employed as an accommodation assistant before becoming a receptionist one year later. Ms Wach went on maternity leave on 23rd March 2011 before returning on 21st September 2011. On her return from maternity leave, Ms. Wach found her hours reduced, and also found that the company brought in a staff member from Cork to do shifts when Ms. Wach was available. Her manager allegedly expressed annoyance when he learned that she had raised this matter with their HR manager. He further stated that Ms. Wach’s contract was only for 24 hours, and that therefore, that was all she was entitled to. Ms. Wach outlined that those 24 hours were “minimum hours”, and that, on agreement with the previous manager, she had been working full time for the last three years. Her HR manager also accused her of not having sufficient English to work the job.
Ms Wach sent a written complaint about all the matters to her manager in October 2011 and as a result, a meeting was held in November 2011. Ms. Wach told the tribunal that following the complaint, her manager allegedly threatened to look through CCTV footage for any possible wrongdoing by her, where she was accused of selling alcohol to non-residents. Equality Officer Stephen Bonnlander outlined that he was satisfied Ms. Wach was fluent in both written and spoken English and that Ms. Wach's manager was "determined to make life difficult for her". In his judgement Mr. Bonnlander said:“I find that the complainant is entitled to succeed in her complaint of discrimination on the ground of gender, with regard to her conditions of employment. I do not accept the complainant’s manager’s statement with regard to the complainant’s proficiency in English, and therefore do not accept his reason for not assigning her day shifts, I find that the complainant is also entitled to succeed on her complaint of discrimination in her terms and conditions on the ground of race.”In accordance with Section 82 of the Acts, Mr Bonnlander ordered that Travelodge pay the Ms. Wach: (i) € 21,000 which equals one year’s salary for the complainant according to her P60 form for 2010 in compensation for the effects of discrimination and (ii) € 42,000 or the equivalent of two year’s salary in compensation for the effects of victimisation. This reflects the seriousness of the finding that the complainant found herself immediately threatened with false disciplinary charges when she exercised her right of complaint under the respondent’s own policies. He also said that the awards were in compensation for the distress suffered by the complainant and are not in the nature of pay and therefore not subject to tax. Do you want to protect your business with Ireland's leading HR and Employment Law experts ? If so, please feel free to contact The HR Company on 01 2911870.
Did you know that all hours worked by any employee are taken into account when calculating Annual Leave?
This will include any hours worked in addition to normal working hours.
Further to this there are additional leave periods that will be included when calculating Annual Leave for an employee:
These are protected leave periods and therefore Employees continue to accrue Annual Leave while on any of the above listed leaves.
Leave that is not included when calculating Annual Leave for an employee:
Employers – Did you know that there are a range of measures that you must adhere to with regard to VDUs in your workplace?
*The following are the categories of employees who will be covered by these Regulations;
If the employee has no choice but to the use the VDU to carry out his or her work.
If the employee normally uses the VDU for continuous periods of more than one hour.
If the VDU is generally used by the employee on a daily basis.
Please note that a normal laptop is not covered by these Regulations due to the fact that the keyboard is tilt-able and separate from the screen so as to allow the user to find a comfortable working position hence avoiding fatigue in the arms or hands of the employee.
*In accordance with the Safety, Health and Welfare at Work Acts 2005 and 2010, employees working with VDUs are entitled to have their workstation assessed in line with the following requirements;
The Company must ensure that the general use of the equipment is not a source of risk for the employee.
The Company is obliged to perform an analysis of the employee’s workstation in order to evaluate the safety and health conditions to which it may give rise.
The Company must take appropriate measures to remedy any risks found during the workstation analysis.
*Upon the commencement of their employment employers must ensure that;
Employees are trained in the use of the VDU workstation and given information about health and safety factors.
Employees receive periodic breaks or changes of routine (away from the VDU).
Employees receive appropriate eye and eyesight tests (or may opt for either) before working with VDUs as well as at regular intervals throughout their employment with the Company.
If an employee experiences any eyesight/physical problems as a result of working with a VDU, the employee should highlight the issue to his or her manager as soon as possible.
*Some notable points for employers;
• If special corrective appliances (glasses) are required exclusively for working at a display screen, they must be provided by the employer at no cost to the employee. The costs of minimum requirement frames and lenses must be borne by the employer.
• Should the glasses be used also for other purposes the employer must cover the cost of the correction required for working with display screens only.
• Employer obligations relating to the various components of the workstation (from chairs to the display screen, lighting, noise levels, heat, radiation and humidity) are also included in the Acts.
We have created a draft VDU Policy for you to incorporate in your Employee Handbook alongside all of your other HR policies.
The amendment to the existing legislation governing phone use while driving, which was signed by Leo Varadkar, Minister for Transport, on 11th April, 2014, makes it an offence for an individual to "hold” a mobile phone while driving a mechanically propelled vehicle in a public place.
Holding the mobile device includes supporting or “cradling” it with any part of your body (not just your hand) e.g. between the neck and shoulder. It is not a requisite that a person is actually engaged in a conversation on the phone. Similarly a person sending or even reading a text message (including SMS/MMS), or accessing information via the internet/e-mails etc. is committing an offence if "holding” the device as outlined above.
Sending or reading a text, in this instance, does not include anything done without touching the mobile phone or through voice activation.
The offence is punishable on conviction with a fine of up to €1,000 (first offence). The fine could reach €2,000 for a second offence. Three offences within 12 months could see a motorist face a 3 month jail term in addition to a fine. This is in addition to penalty points.
Close to 10,000 people were detected holding a mobile while driving in the Republic of Ireland between the beginning of January and the end of March 2014.
Assistant Garda Commissioner, John Twomey, communicated the staggering statistic that a motorist is four times more likely to have a collision when using a mobile phone.
Employers should issue employees with a notice detailing the important new regulations so that they are aware of their responsibilities. This notice should also serve to inform the employees that the Company will not cover the cost of road traffic offences including fines received under the penalty points system. Your notice should let employees know that these costs will be borne by the employee regardless of whether the vehicle was being driven for private or business use at the time the offences occurred.
As I am sure you are aware, World Cup 2014 is starting today and we want to ensure that you are prepared as an employer, in the event that employee issues arise as a result of this tournament, particularly attendance at work during games and on the day following games.
The World Cup is commencing today, 12th June, and runs until 13th July. Employees should have requested this time off by now or in the coming days if they wish to take annual leave during this time for matches.
The main issues that could arise as a result of World Cup 2014, for employers, is that employees will be seeking additional time off either as annual leave or unscheduled time off. Unauthorised absence/increased sick leave may also be an issue for employers. Most games will be in the evening time - those employers who have evening/night shifts will need to be particularly prepared and pre-empt absence.
You as an employer, will first need to establish what your policy is to be during this period. Once you have decided the stance you wish to take with employees during this period, you will need to ensure this policy is clearly outlined to employees in the coming days to ensure they are clear about what is expected of them.
In deciding what you want to enforce for employees, you should pay attention to the following:
Inform employees that, if they wish to take time off, they must apply for annual leave immediately - and let them know that it will be on a first come, first served basis.
Perhaps give staff the opportunity to swap shifts with colleagues who may not be interested in the matches - ensure all shifts are adequately covered.
Be mindful of your employees who are not football lovers and do not want to take any time off during these games. Ensure there is fair treatment between all staff and ensure football fans are not getting special treatment and additional time off over those who do not follow the game.
Make it clear that all employees are expected to be in work as normal, unless they have requested time off etc., during World Cup 2014. Outline that you expect productivity and attendance etc., to remain as it is currently.
You could outline that for any absences during this time (within reason), due to illness; employees are required to provide a medical certificate upon their return.
Employees may also arrive to work still under the influence of alcohol. If this is discovered, you need to act fast. Send the employee to the company doctor immediately to be checked by the doctor to establish if the employee is under the influence of alcohol. If the employee is found to be under the influence he/she should be sent home. It may be time to engage a disciplinary process with the employee at this stage.
If applicable, you may consider screening the games in house as a goodwill gesture to employees.
Be mindful if there are a number of matches on, you will need to allow employees have their say on which match is shown..
Employees may attempt to stream matches online on work computers, the company’s internet usage policy should be outlined to employees and the company’s expectations also outlined to employees here.
The key to avoiding any issues during World Cup 2014 is to make sure you clearly outline to staff (in advance), what is expected of them and that absences etc., will not be tolerated.
The above advice is courtesy of Lorraine Byrne, Senior Account Manager at The HR Company.
Carer’s Leave
In accordance with the provisions of the Carer’s Leave Act, 2001, if an employee has completed 12 months’ continuous service with you; he or she is entitled to take unpaid Carer’s Leave in order to care for a person (a ‘Relevant Person’) who requires full-time care and attention. Carer's Leave is protected leave.A ‘Relevant Person’
A ‘Relevant Person’ is a person who is over the age of 16 and is so incapacitated as to require full-time care and attention or a person who is under 16 and in receipt of a Domiciliary Care Allowance. A Deciding Officer of the Department of Social Protection determines whether or not an individual qualifies as a ‘Relevant Person’. Employees may be entitled to receive Carer’s Benefit/Carer’s Allowance whilst on leave. You should inform employees that they should apply to the Carer’s Benefit Section at their local Social Welfare Office so their eligibility can be assessed. There is no statutory obligation on you as an employer to pay employees during Carer’s Leave.Entitlements
Other than their right to remuneration, you should treat employees as though they have been working during a period of Carer’s Leave. Annual Leave and Public Holidays will accrue as normal for employees during the first 13 weeks of Carer’s Leave. The minimum statutory entitlement is 13 leave weeks and the maximum period is 104 weeks. The 104 weeks (2 years) can be taken in one continuous block or it can be broken up into multiple separate periods of leave – there must be a gap of at least 6 weeks between periods of Carer’s Leave.
Application/Notification
If one of your employees intends to avail of Carer’s Leave then he or she should write to you not less than 6 weeks before the proposed commencement of the leave in order to apply for this leave. The application should include the following details: Termination of Carer’s Leave
Carer’s Leave may be terminated for several reasons. If it becomes apparent that the person for whom the care is being provided is not in need of full-time care any longer for whatever reason, you may terminate the leave. The Department of Social Protection will make a decision in certain instances. To download our Staff Suggestion Form click the image below ->
