Irish Employment Legislation Updates and Guidance Archives - Page 5 of 9

More cuts in Maternity Benefit – Budget 2014

The Budget 2014 announcement that Maternity Benefit is to be capped at €230 per week has significant implications for numerous employees and employers alike. Maternity Benefit, Maternity Leave, Budget 2014 The current upper rate of €262 per week is an entitlement enjoyed by the vast majority of women in Ireland claiming Maternity Benefit. The reduction by €32 per week, which will be effective for new Maternity Benefit claims from January 2014, may discourage women from having children. Alternatively, it may force mothers to avail of shorter periods of Maternity Leave than they would like because they simply cannot afford to remain out of the workplace for the full 6 month period. The reduction of €32 per week over 6 months will see many new mothers lose out on €832 in Maternity Benefit. Some employers pay the difference between the Department of Social Protection Maternity Benefit figure and the employee’s regular salary (a "top-up" amount) as a gesture to employees so that they do not suffer major financial implications while on Maternity Leave. The Budget 2014 decision to reduce the amount paid by the State means that employers who cover the difference between Maternity Benefit and an employee's regular salary will now have to find an additional €832 per employee over the 6 month period in order to maintain the same level of maternity pay for employees while they are availing of maternity leave.             Click the image below to download your guide to Public holiday Entitlements

By The HR Company Administrator|2017-01-02T11:00:17+00:00June 17th, 2015|Policies & Procedures|0 Comments

Illness Benefit “Wait Period” Extended from 3 to 6 days – Budget 2014

Sick pay from employers is not a statutory entitlement. It is up to the employer to decide whether or not to pay employees while they are out of work sick (once all employees are treated equally). Employers are obliged to provide details of their sick pay policy in employment contracts.   During times of incapacity or illness the employee can apply to the Department of Social Protection for Illness Benefit (once the employee has paid enough in PRSI contributions he or she should be entitled to Illness Benefit). If it is Company policy to continue to pay employees while they are ill or incapacitated, the employer often requires that the employee signs over any State Illness Benefit received to the Company. Sickness Benefit, Illness Pay   A Budget 2014 announcement confirmed today (15^th October, 2013) that the number of “waiting days” for Illness Benefit will be increased from 3 days to 6 days from 1^st January 2014. What this means is that an employee will not be entitled to receive Illness Benefit for the first 6 days of any period of incapacity for work. This is more than one full working-week. Sick Pay, Work Illness   This has the potential to significantly affect a large number of people - employees and employers alike. The extension, which is said to save the state €22million, will negatively impact employees who work for companies that do not pay for sick leave – doubling the number of days that must elapse before they are entitled to receive any income. The decision will also have an impact on companies who continue to pay employees during periods of illness or incapacity but recover some of the costs of doing so by forcing employees to sign over any State Illness Benefit received as, from January of next year, the employer will not now receive any refund for the first 6 days of absence.    

By The HR Company Administrator|2017-01-02T11:00:18+00:00June 17th, 2015|Policies & Procedures|0 Comments

Grievances in the Workplace

It is essential for companies to have a Grievance Policy in place so that employees know the correct procedure to follow when addressing problems or concerns regarding work, Management or another staff member. The policy should also ensure that employees can formally raise a grievance regarding any decisions or actions taken by their employer. Employees should be encouraged to make Management formally aware of situations where they feel that a policy or procedure is not being followed or applied correctly to all employees.

It is understandable and acceptable that when people work together misunderstandings, concerns or problems can arise. Companies should implement a culture of openness as well as a willingness to listen and co-operate. The hope here is that issues/misunderstandings can be resolved informally in an efficient and an effective manner. However, where such issues remain unresolved they can become grievances. Employees should be encouraged to seek resolution of an issue by utilising the Company’s Grievance Procedure.

Sample Grievance Procedure

1) Staff should approach their Manager in the first instance to arrange a meeting to discuss, and attempt to resolve, the problem/concern. (See point 4 below for procedure when the grievance involves the Manager). The employee should be asked to document their grievance in writing. This is very important. 2) The employee should be allowed to have a colleague (of their choice) accompany them at the meeting for support purposes. 3) The issue should be discussed in detail and a reasonable timeframe for resolution should be worked out (1 working week is a reasonable timeframe in most instances). 4) If the employee is not satisfied with the outcomeafter the relevant time has elapsed, he or she should appeal to the General Manager. If the initial grievance relates to an employee’s direct Manager then he or she should skip directly to this stage. 5) The problem/grievance should be discussed in detail once again with the General Manager and a reasonable timeframe for resolution should again be given (typically 1 working week is sufficient; this timeframe may vary depending on the severity of the issue/type of complaint). 6) If the employee is dissatisfied with the outcome of the final stage of the procedure then further recourse should be made available and the employee should be made aware that he or she can request a meeting with a Company Director. 7) The issue should be discussed for a third time and a reasonable timeframe for resolution given (again, depending on the severity of the issue, 5 working days should be sufficient). 8) The decision, following the exhaustion of the entire process outlines above, should be final and no further Company appeal need be entertained. 9) If the employee is still unhappy with the outcome he or she should then choose to seek recourse through external bodies.

Click the below image to download your Guide to issuing Contracts of Employment

By The HR Company Administrator|2017-01-02T11:00:18+00:00June 17th, 2015|Grievances|0 Comments

Probationary Periods in the Irish Workplace

Employment references for prospective employees can be great indicators of employee skills or characteristics and they should always be thoroughly vetted. However, for various reasons, they may not always give a true and present reflection of the candidate or they may reflect what the employee’s capabilities were at a different time and this may not necessarily match their current skills. References can also depict suitability for a role that is dissimilar to the one being filled. For this reason it is advisable for employers to engage new members based on multiple evaluations to protect themselves and to ensure not to waste any time or resources on someone who is not adequately equipped for the role. An applicant’s cover letter and curriculum vitae, as well as the resulting interview(s), can tell an employer a lot about the potential new employee - it is not uncommon, however, to ask shortlisted candidates to perform competency-based assessments or aptitude tests so that the employer can acquire a full picture of the candidate’s abilities and determine whether or not he or she is the right fit for the vacancy. It is customary for employers to hire new members on a probationary period of 6 months or a term not dissimilar to this. This probationary period does not prejudice the Company’s right to dismiss in accordance with the notice provisions contained in the employee’s individual statement of main terms of employment, or without notice for reasons of gross misconduct, should this be necessary. This period should be used by the employer to fully assess the employee’s work performance and establish suitability. If the work performance is not up to the required standard or the employee is considered to be unsuitable the employer should either take swift remedial action or terminate the employment, without recourse to the disciplinary procedure. At the end of the probationary period the employee should again be reassessed. If he or she has not reached the required standard the employer should, at their discretion, either extend the probationary period in order that remedial action can be taken or terminate the contract of employment. Probationary Period in Ireland The probationary period should not in any case exceed eleven months in total. The employee should receive notice of the Company’s intention to extend the probationary period before or at the end of the initial 6 month probationary period. A clause should allow that any continuous period of absence of four weeks or more would suspend the probationary period until the employee’s return to work. To avoid any risk of discrimination, policies (like the probationary period outlined above) should be fair and consistent and should apply to all new employees throughout the Company. In disciplinary proceedings, when dealing with employees on probationary periods, progressive steps can be skipped but it is a common misconception that fair procedures and natural justice need not be adhered to during the probationary period. The Unfair Dismissals Acts 1997-2007 will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that: •the contract of employment is in writing •the duration of probation or training is one year or less (including annual leave) and is specified in the contract It is important to bear in mind that this exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the maternity protection, parental leave, adoptive leave and carer's leave legislation.

By The HR Company Administrator|2017-01-02T11:00:19+00:00June 17th, 2015|Policies & Procedures|0 Comments

Arm Your Company with the Best Human Resources Support

Since 2001 The HR Company, B2E Ltd. has been successfully providing a cost-effective HR and advice support service(s) for small to medium sized businesses (SMEs) across Ireland. The HR Company also assists several large corporations and multinationals with their HR operations. With so many pieces of employment legislation in place in Ireland it is a challenge for companies to ensure that they are fully compliant on all counts. The HR Company is an Irish-owned company headed up by Philip Carney, former head of HR for Microsoft’s European Operations Centre, and Angela O’Grady, former Staffing and Recruiting Manager. A team of 20 HR specialists provide peace of mind for Employers by guiding them on all aspects of Irish Employment Law.   The HR Company provides a very affordable 24/7 protection service to those who wish to offload the burdens and risk associated with HR activities. Whether it relates to disciplinary procedures, annual leave, redundancy or anything in between; a dedicated account manager is at the end of a phone to guide Employers and help insulate companies whenever a query about best practices in HR arises. Not only does The HR Company provide bespoke employment documentation to ensure companies pass a National Employment Rights Authority (NERA) inspection, tailored disciplinary letters and any other relevant material are prepared by dedicated account managers to ease the load on the Employer. The HR Companyacts as the eyes and ears of the Employer on all HR related issues – protecting companies by keeping them informed on any relevant legislation updates. In this era of increased employee litigation employees know their rights – companies should shield themselves against the risk of a costly dispute by arming themselves with the best on-call support.

By The HR Company Administrator|2017-01-02T11:00:19+00:00June 17th, 2015|Policies & Procedures|0 Comments

Maternity, Adoptive and other forms of leave from Employment

Paid leave of absence for mothers, whose babies are born through surrogacy arrangements, falls outside the scope of the law.

In September 2013 The European Court of Justice found that an Irish teacher (Ms. Z), whose child was born through surrogacy, did not have an automatic right to either paid Adoptive Leave or Maternity Leave from her employment. When Ms. Z’s application for paid Adoptive Leave was denied she brought a complaint to the Equality Tribunal. The woman, who has no uterus as a result of a rare medical condition, claimed that she was discriminated against on the grounds of sex, family status and disability. The woman was told by her employer that she could take unpaid parental leave instead of the requested Adoptive Leave; however, as the child was genetically hers and her name was on the American birth certificate, Ms. Z felt that she was being treated unfairly. The surrogacy scenario can be a challenging one for all concerned and blurred lines surrounding what mothers are entitled to in the workplace just adds to the complexity of the situation. The Equality Tribunal referred the case to the European Court of Justice which found that the woman did not have any automatic right to Adoptive Leave. The legal opinion of the Advocate General stated that her differential treatment was not based on sex, family status or disability, as claimed, but instead on the “refusal of national authorities to equate her situation with that of either a woman who has given birth or an adoptive mother”. The recent revelation, that Irish women who have babies through surrogacy arrangements are not afforded the same rights as mothers who have adopted or given birth to their babies, has highlighted the uncertainties/complexities surrounding the issue of surrogacy in both Irish and EU law. Adoptive Leave, Maternity Leave, Employer Responsibilities

Adoptive Leave, Maternity Leave, Employer Responsibilities

Rights to Maternity and Adoptive Leave defined: If an employee becomes pregnant while employed in Ireland she is entitled to take Maternity Leave. This entitlement extends to all female employees regardless of their length of service and the number of hours worked per week etc.   Since March 1^st 2007, employees have a statutory right to 26 weeks’ Maternity Leave. A further 16 weeks’ Additional Maternity Leave is available to them should they wish to take advantage of it. Employees are not obliged to avail of the entire period of leave open to them; however, they must take a minimum of two weeks prior to the birth and at least 4 weeks after giving birth. If the baby is born prematurely then Maternity Leave starts on the day the baby is born. Employees are obliged to notify their employer of their wish to take Maternity Leave as soon as is reasonably practicable (not later than 4 weeks prior to the desired commencement date). Employees must produce a medical certificate confirming the expected birth date. Employers must give paid time-off for doctor/midwife recommended medical appointments for all pregnancies and employees are also entitled to attend one set of antenatal classes during one pregnancy. The employer should be given written notice 2 weeks in advance of such appointments. Expectant fathers are also entitled to be paid by their employer while attending one set of antenatal classes. While some do, it is important to remember that employers are not obliged to pay employees while they are on Maternity Leave. Employees who have contributed enough PRSI can apply for Maternity Benefit from the Department of Social Protection. Employers, who do continue to pay employee salaries during Maternity Leave, often require the employee to forward to them any Maternity Benefit Payment from the Department of Social Protection. Most employees do not have any right to remuneration from their employer during Additional Maternity Leave and there is no state benefit payable during this time, however, employees are still entitled to avail of this extra 16 weeks away from the workplace immediately after the conclusion of their regular Maternity Leave. It is important to note that Employees must apply to their employer in writing 4 weeks prior to the conclusion of their Maternity Leave if they wish to avail of this Additional Maternity Leave.

Employees are protected against discrimination or loss of employment through redundancy or dismissal on grounds relating to pregnancy and Maternity Leave. Employees must give notice of their intention to return from Maternity Leave at least 4 weeks prior to doing so. Employees must return on the same terms and conditions as when they left (unless this in not reasonably practicable). There is an obligation on the employer to carry out a specific risk assessment for employees who are pregnant, and for those who are breastfeeding or who have just given birth, in order to assess whether there are any workplace hazards for these employees. Should this risk assessment determine that hazards (that cannot be eliminated) exist the employee will be moved to alternative work or, if this is not feasible, the employee will be granted health and safety leave. The employee is entitled to payment from the employer in respect of the first 21 days of such health and safety leave and can apply for social welfare benefit for any period thereafter. Adoptive Leave, Maternity Leave

Adoptive Leave: When an employee is adopting a child she is entitled to a minimum of 24 consecutive weeks’ ordinary Adoptive Leave starting on the day of placement of the child. Only the adoptive mother is entitled to avail of Adoptive Leave from employment, except in the case where a male is the sole adopter. There is no statutory obligation on employers to provide pay to employees while they are on Adoptive Leave – some companies, however, do offer this benefit to employees. Individuals may be entitled to Adoptive Benefit from the Department of Social Protection. Employees are also entitled to take 16 weeks' additional unpaid Adoptive Leave immediately following the period of standard Adoptive Leave. As is the case with Additional Maternity Leave, Employees must apply for the Additional Adoptive Leave in writing 4 weeks prior to the end of ordinary Adoptive Leave. In special circumstances, for instance cases involving foreign adoption, Additional Adoptive Leave may be taken at a time not directly following the regular Adoptive Leave period. An employee’s entitlement to Annual Leave and Public Holidays will continue to accrue as normal during Maternity Leave and Adoptive Leave. It is essential for employers to remember that, similar to other forms of protective leave, employees are entitled to return to the role they held immediately before commencing Adoptive Leave, subject to the employee having notified the employer of the intention to return to work, not later than four weeks before the date of expected return.

By The HR Company Administrator|2017-01-02T11:00:22+00:00June 17th, 2015|Adoptive Leave|0 Comments

Drugs and Alcohol Free Workplace

Drug Free Workplace So far as is reasonably possible, employers are legally obliged to ensure the safety and welfare at work of all employees. Likewise, employees have a responsibility to themselves and to their colleagues. The use of alcohol and/or unauthorised drugs may disturb the safe and efficient running of a business. It can hinder the health and safety of employees within the organisation as well as the customers and other stakeholders.

There can be multiple negative effects of alcohol and drug use. Below illustrates just some of the adverse outcomes that can come as a result of drug and/or alcohol use:

The use of drugs or alcohol by an employee can lead to performance/productivity issues. It can make concentration very difficult for the person in question. Work related tasks can take more time and the number of mistakes can often increase, potentially costing the Company, individual concerned and other employees dearly.

Another common consequence of alcohol or drug use is the loss of faculties. This may lead to an inability to properly assess danger which can, in turn, bring about higher accident levels when driving to or from work, or being more prone to having an accident or causing an accident when at work.

Absence from work is another likely outcome when using alcohol or drugs in an excessive or irresponsible manner. Other related lapses such as lateness and disproportionate levels of sickness, etc. are also common.

Companies should operate a ‘zero tolerance’ policy when it comes to drugs and alcohol and employees should not be permitted to work while under the influence of drugs or alcohol under any circumstances. Employees must adhere to all medically prescribed drug instructions and if the medication is likely to cause any side effects that could impair the employee’s levels of concentration or ability to carry out his or her work then he or she should communicate this to Management. If an employee’s performance or attendance at work is affected as a result of alcohol or drugs, or the employer believes the employee has been involved in any drug related action/offence, disciplinary action may be required. Dismissal may be warranted in severe circumstances. It should be clearly communicated to employees that anyone involved in the unlawful possession, use, sale or manufacture of controlled substances or illicit drugs etc. on Company premises, in Company vehicles/work sites or during working time will be subject to disciplinary action up to and including dismissal. They should also be referred for prosecution. Companies should also include a drug and alcohol testing policy in their employee handbook to improve their rights in these situations. Smoking regulations for employees: In line with statutory provisions companies are obliged to operate a strict smoke-free workplace policy. Employers should make their employees fully aware that any member of staff who breaches this policy will be subject to disciplinary action up to and including dismissal. It is imperative that employers enforce the law.

By The HR Company Administrator|2017-01-02T11:00:22+00:00June 17th, 2015|Drug and Alcohol Free Workplace|0 Comments

Labour Court Ends Zero-Hours Contracts For HSE Home Helps

The Labour Court has issued a recommendation giving improved terms and conditions to Home Help workers employed by the Health Service Executive (HSE). Labour Court, HSE, Home Help The recommendation, which is binding under the terms of the Haddington Road Agreement, was issued on 18^th September, 2013, and will affect the employment terms and conditions of approximately 10,000 workers. It is important to note that this agreement only applies to Home Helps who are employed by the HSE. Individuals employed by private companies or not-for-profit providers are not covered by this Labour Court recommendation. Services Industrial Professional and Technical Union (SIPTU) has been campaigning since 2009 in a bid to secure adequate contracts and security of earnings for its members. The Union has welcomed the Labour Court decision which brings an end to the extensive system of zero-hour contracts. Paul Bell, SIPTU Health Division Organiser, stated that the agreement put the terms and conditions of Home Helps on a “firm and binding platform for the first time since the community service was established thirty years ago”. A Zero-hours contract is a type of employment where an employee must be available for work but does not have specified or guaranteed hours or a formal roster. This can cause challenging circumstances for employees where the hours of work as well as earnings are unpredictable. Home Help Contracts   This Labour Court agreement provides for the issuing of annualised contracts guaranteeing a minimum of seven to 10 hours of work per week for each Home Help. Caroline Jenkinson, Labour Court Deputy Chairman, explained that “the number of hours to be allocated to each person will be based on 80 per cent of their actual hours worked in the six-month reference period between October 1^st, 2011, and March 31^st, 2012, with a minimum guarantee of seven hours”.     In addition to welcoming the removal of the zero-hours system Mr. Bell of SIPTU applauded a HSE effort to reorganise and manage the Home Help hours on a county by county basis. Those who choose not to work under the annualised hour scheme may be entitled to receive compensation of between €2,000 and €3,000 under an exit deal.

By The HR Company Administrator|2017-01-02T11:00:21+00:00June 17th, 2015|Labour Court|0 Comments

Dignity at Work – Workplace Racism at an Alarming Level

Employers - Did you know that you can be held accountable for bullying or harassment in the workplace? ……..Not being aware of it does not get you off the hook! Bullying in the workplace is any recurring inappropriate conduct that undermines a person’s right to dignity at work. Bullying can be carried out by one person or by several people - it is aimed at an individual or a group where the objective is to make them feel inferior or victimised. Bullying can come in the form of a verbal or physical assault and can also take place over the internet – this is known as cyber bullying and can be performed via many methods - Mobile phones, social networking sites, emails and texts are all common vehicles for cyber bullying. Cyber bullying is becoming more and more prevalent in society. Keep in mind that harassment based on civil status, family status, sexual orientation, religion, age, race, nationality or ethnic origin, disability or membership of the Traveller community is considered discrimination. Harassment in the workplace is prohibited under the terms of the Employment Equality Acts, 1998 to 2007. The Act of harassment - whether direct or indirect, intentional or unintentional - is unacceptable and should not be tolerated by any company. Any allegations should be dealt with seriously, promptly and confidentially with a thorough and immediate investigation. Any acts of harassment should be subject to disciplinary action up to and including dismissal. Any victimisation of an employee for reporting an incident, or assisting with an investigation of alleged harassment and/or bullying is a breach of equality legislation and should also be subject to disciplinary action.   Dignity at work Bullying or harassment isn’t always obvious – in fact it can come in many shapes and forms – some examples are: •Social exclusion or isolation •Damaging someone’s reputation through gossip or rumour •Any form of intimidation •Aggressive or obscene language or behaviour •Repeated requests for unreasonable tasks to be carried out Employers Beware: Under current Irish employment legislation (The Employment Equality Acts 1998-2011) companies are accountable when it comes to bullying and harassment in the workplace or workplace disputes. It is vital for employers to be mindful of the legislation as companies are answerable for the actions of employees, suppliers and customers even in cases where the company is not aware that bullying or harassment is taking place. To defend itself a company must illustrate how it did everything reasonably practicable to prevent bullying and / or harassment from taking place in the workplace. The company must also show that when an instance of bullying or harassment occurred the company took immediate, fair and decisive action. There is a huge risk of exposure if companies do not adhere to the strict Regulations. Those found in violation of the Act may be liable for fines and in severe circumstances imprisonment on summary conviction. Companies can also end up paying out large sums in compensation. Bullying creates a very hostile work environment and can negatively affect employee performance – It can lead to disengagement and low levels of morale. It can also cause a company to lose key members of staff. Bullying can affect both the safety and the health of employees – this violates the Safety, Health and Welfare at Work Act 2005. It is abundantly clear that it is in the best interest of all stakeholders to prevent bullying or harassment of any form in the workplace. In order to avoid bullying and harassment an employer should include harassment-related policies and procedures in the Employee Handbook – A Dignity at Work Policy should be communicated clearly to employees. This will clarify what is expected of employees and what the protocol/repercussions are if bullying/harassment does occur. Racism, Dignity at work Last week the Immigrant Council of Ireland (ICI) brought our attention to a shocking statistic – The ICI revealed that the number of racist incidents reported in Ireland over the last 12 months had jumped to a staggering figure – They dealt with 120 individual racism cases in the past year. 52 of these instances were reported in June/July of 2013 alone marking a huge increase when compared to the same period in 2012 when just 3 incidents were reported. The racism reported related to alleged discrimination, written harassment, verbal harassment and physical violence. The most commonly reported setting for racism was the workplace – where a massive 20% of reported incidents occurred. Employers need to be vigilant and need to make more of an effort to consciously crack down on this type of activity.

By The HR Company Administrator|2017-01-02T11:00:21+00:00June 17th, 2015|Dignity at Work|0 Comments

Constructive Dismissal leads to €9,000 Award for Former Employee

Constructive Dismissal is the term used when an Employee terminates his or her employment based on the conduct of the Employer. Unlike in an Unfair Dismissals case where the dismissal is deemed to be unfair unless proven otherwise and justified by the Employer - in Constructive Dismissal instances the onus is on the Employee to prove that their resignation was based on poor Employer conduct. If it is found that the Employee has been Unfairly or Constructively Dismissed then he or she could either be awarded compensation for the loss of earnings suffered as a result of the termination of employment or could be placed back in their original role. Reinstatement is not common practice (particularly in Constructive Dismissal cases) due to the expected tension/ strained relationship between the Employer and the former Employee and due to the amount of time that is likely to have lapsed between the termination of the employment contract and the resolution of the case. The Employee has often entered in to a new employment contract elsewhere. It is important for Employers to be aware of everything that occurs in their workplace as even other Employees’ behaviour that goes unchecked by the Employer could contribute to a Constructive Dismissal case. These can be extremely costly. Here is an example of a case where the Employee (the Claimant) was awarded €9,000 after the Employment Appeals Tribunal found that he had been Constructively Dismissed. The Claimant in this case started working for the Respondent in 2007. There were no issues until late 2010 when a Technician was promoted to Technical Manager. This immediately created a hostile environment and relationships became strained. The Claimant experienced problematic scenarios in the workplace as a result of the Technical Manager’s temper on numerous occasions. Constructive Dismissal The final occurrence led to the termination of employment for the Claimant. On the Claimant’s final day working for the Respondent the Technical Manager, a physically intimidating individual, entered the shop where the Claimant and his colleague were working. The Technical Manager lifted the Claimant up from his chair by his arm and proceeded to shout at him. The Claimant, who was frightened, attempted to avoid confrontation and turned away. The Technical Manager again grabbed the Claimant, this time by his shoulder, and spun him around while demanding that he not complain. The Claimant said that he didn’t complain, he just answered questions. The Claimant was pulled closer and then told to leave by the Technical Manager. The Claimant did as he was told but the Technical Manager proceeded to follow him, grabbing him by the neck. At this stage the Claimant was in a state of shock and told the Technical Manager that he was simply working his way through college. The Claimant’s shirt was torn, there were marks on his neck and his hand was bruised after the incident. After the event, the Claimant called a Senior Manager and told him what had happened. The Claimant returned his keys to the shop and arranged to collect his jacket from his colleague. A series of meetings with the shop Manager and other Senior Managers were arranged. The Claimant was offered a transfer to another shop, however, this other shop was located far from the Claimant’s home and, therefore, was not a suitable alternative – he could not accept this transfer proposal. Employment Appeals Tribunal As a result of the meetings the Claimant was given a written warning, however, as no arrangements were made for him to return to a safe workplace he had no option but to resign. The Claimant established loss for the Tribunal and it was determined that the Claimant was Constructively Dismissed. The Respondent failed in its responsibility to the Claimant by not responding adequately. Under the Unfair Dismissals Acts, 1977 to 2007, the Claimant was awarded €9,000 as compensation for being Constructively Dismissed. The appeal was heard at Dublin on 14^th October 2013. Case Number: UD669/2012.  

By The HR Company Administrator|2017-01-02T11:00:16+00:00June 17th, 2015|Compensation|0 Comments

Irish Employment Legislation Updates and Guidance