Irish Employment Legislation Updates and Guidance

Uniforms, General Workwear and Dress Code Queries Answered

uniforms-workwear-dress code-uniformEmployees in many companies are required by management to wear a uniform or expressed work attire while carrying out their work responsibilities or while present in the workplace. There are many reasons why employees are obliged to wear a uniform -

 

  • A uniform is important in some industries from a Health and Safety perspective
  • Wearing a uniform can create a sense of pride/comfort/unity among employees
  • Uniforms maintain the company’s corporate image and are a branding opportunity
  • Uniforms assist in the efficient identification of employees which is helpful to customers, other employees, suppliers and stakeholders in general.

 

The “uniform” requirements may be a simple guide – for instance “All employees must wear black while carrying out their duties” or employees may simply have a name tag attached to their own clothing.

 

In many workplaces a specific uniform is not mandatory; however, compliance with the company’s dress code may be compulsory and will be enforced by the employer or management.

 

Employees will often come into contact with clients and suppliers and consequently it is in the best interest of the company that they present themselves in a professional manner with regards to appearance and standards of dress. It is essential that overall hygiene and grooming are maintained.

 

Where uniforms are not provided or required, employees should wear clothes appropriate to the job responsibilities - Naturally a mechanic will wear a different form of clothing than an office worker.  

 

Where possible work attire should be kept clean and tidy at all times.

 

Suit-Dress Code-Workwear-Uniform

 

Some employers will restrict employees in terms of what jewellery is allowed as well as items like tattoos – If a company has guidelines in relation to matters such as work attire the relevant policies should be included in the employee handbook and this should be made available to all employees on the commencement of their employment.

 

Some employers will provide uniforms for employees when they commence employment. In some instances the cost of the uniform will be deducted from the employees pay. Rules in terms of the maintenance of the uniform vary from company to company.

 

Some companies will request that employees launder their own uniforms at their own expense or at the expense of the company. Medical professionals, for instance, must always have sanitized work attire.

 

It is important that employers do not request that their employees wear inappropriate uniforms or uniforms that are not comfortable or practical for the work that is being completed.

 

Suitable footwear and clothing that is warm enough for the working conditions is essential.

 

According to health and safety guidelines an employer must communicate any risks to the employee that would require them to wear protective equipment. The employer should provide the relevant protective equipment such as protective hard hats, metal topped shoes, eyewear and gloves etc.  Where necessary the employer should also provide training on how to use the protective gear. 

 

It is the duty of the employee to take reasonable care for his/her own safety and to use any protective equipment supplied. Radiologists should wear lead coated aprons, for instance, to avoid unnecessary amounts of radiation penetrating their bodies during x-rays.

 

The protective equipment should be provided free of charge to employees if it is intended for use at the workplace only. Where possible, the employee should be provided with their own personal equipment rather than having to share this with other employees.

 

For assistance in creating contracts of employment or employee handbooks containing policies and procedures about dress code/uniforms and much more and to ensure you are compliant with all employment legislation visit The HR Company and subscribe to have 24/7 access to your own personal expert HR department.

 

By |2017-01-02T11:00:38+00:00June 17th, 2015|Policies & Procedures|0 Comments

Dealing with lateness in work – what should you do as an employer?

lateness in work

Employers should include clear codes of practice regarding tardiness in the workplace in the employee handbook and this should be given to each employee on commencement of their employment.

Timekeeping is very important, particularly when it comes to punctuality and reliability in work related activities.   

 

The employee’s working hours should be specified prior to the start of the employment relationship and he or she should ensure to be ready to start work (not just arrive) at the appointed time.

 

Employers should attach great importance to consistent punctuality as clients and other key stakeholders rely on the availability of the employees at particular times.

 

If an employee is going to be late for work he or she should contact their manager immediately giving the reason and their approximate time of arrival. Notification should be made personally. Notification by text message or email is not professional and should be discouraged. 

 

Employers should not hesitate to take disciplinary action against those that are late to work – in fact, rather than ignore it or “let it go”, the best thing to do is to raise the topic with the employee to make them conscious that you are aware of the punctuality issues and to show your dissatisfaction with the behaviour – this will usually nip it in the bud before it becomes a habit that is difficult to shake.

 

One way to deal with lateness is to withhold payment for the period that the employee was not present and available to work. A disciplinary procedure can also be initiated, up to and including dismissal, if there is constant lateness or non-attendance as this is a serious offense that disturbs other colleagues, management and clients.  

 

If the tardiness is recurring employers should reach out to the employee, particularly if this behaviour is out of character. There may be an issue that the employer should be made aware of. If the employee is experiencing personal problems he or she should be encouraged to utilise the services of the employee assistance program, should this be available in the company.

 

If there is a need to adjust the required hours of work of an employee due to changing market and business requirements as much notice as possible should be given to the employee.

 

For guidance on the best approach to grievance issues visit connect with The HR Company.

The HR Company provides an abundance of human resources expertise at a very affordable price and will manage all work associated with reducing working hours/redundancy steps and everything in between.

The HR Company interprets all employment legislation and delivers all disciplinary recommendations - even writing the disciplinary letters for you. (These will be customised; no samples or templates). 

Did you know that NERA inspectors are currently carrying out investigations to ensure that businesses are compliant with employment legislation and that labour inspectorates have the right to request access to employment records such as, Hours of Work, Public Holiday Benefits, Annual Leave, Wage Sheets and Legally Compliant Contracts?

The HR Company ensures companies are NERA compliant to avoid fines and damaging repercussions.

The experienced HR professionals will issue all customised contracts of employment for your employees and will prepare an employee handbook specific to your company.

Your dedicated account manager will manage any conflict in the organisation including bullying & harassment in the workplace as well as giving recommendations in response to performance issues.  

The HR Company will keep you up to date with all changes in employment legislation.

 

Late-to-work

 

 

By |2017-01-02T11:00:36+00:00June 17th, 2015|Policies & Procedures|0 Comments

Parental Leave Entitlements under Irish Employment Legislation

Employers – did you know that as of Friday 8th March 2013 parental leave has been increased from 14 to 18 weeks?

Here is a breakdown of the points that employers should take note of:

Any employees who have a current or future entitlement to Parental Leave will increase from the current 14 week allowance to 18 weeks going forward.

The directive affords a parent returning to work the right to ask for a change in work pattern for a set period thereafter – the employer is only obliged to consider the request not to adhere to it.

 employment-rights-Ireland-parental-leave

An employee seeking a change in work pattern should make the request as soon as is reasonably possible (no later than 6 weeks before the proposed commencement).

  

Where the employer refuses the request, the employer must within 4 weeks of receiving the request, inform the employee in writing that the request has been refused.

 

There is no obligation on the employer to explain why the request was denied.

 

Where the changes are granted the employee should be asked to sign an agreement specifying the changes to the employee’s working hours or patterns of work and the duration of same.

 

Additional Important information:


Parental leave is available for each child.

 

Unless the employer agrees to a longer period where an employee has more than one child, parental leave is constrained to 18 weeks in a 12 month period. There is no obligation on the employer to conform to such a request.  

 

Bear in mind that parents of twins or triplets can take more than 18 weeks of parental leave in a year.

 

The 18 weeks per child may be taken in one continuous block or, alternatively, in 2 separate periods of a minimum of 6 weeks each. There must be a gap of at least 10 weeks between the 2 periods of parental leave per child.

 

Separating the parental leave entitlements in to shorter periods of days or even hours can be agreed on an individual basis – this is at the discretion of the employer and is based on the operational needs of the business - there is absolutely no obligation on the employer to agree to shorter periods. The employer should maintain detailed reports of all parental leave as it is used.

 

It is important to note that both parents have an equal, separate entitlement to parental leave.

 

It is not possible to transfer leave between parents unless they both work for the same employer and the employer agrees to this set-up.

 

Any employees that are currently entitled to parental leave are covered by this extension from 14 to 18 weeks.

 

It is permissible to avail of parental leave in respect of a child up to 8 years of age.

 

There are special allowances for children that were adopted between the ages of 6 and 8 – leave in this instance may be taken up to 2 years after the date of the adoption order.

 

Similarly, in the case of a child with a disability leave may be taken up to 16 years of age.

 

Where illness or other incapacity prevented the employee taking the leave within the normal period exceptional allowances may be made.

 

Employees must have 12 months continuous service to avail of parental leave; however, a percentage of the leave is available to employees with shorter service in certain circumstances.

 

Parental Leave remains as being an unpaid leave from employment. However, employers should be aware that employees retain their right to accumulate annual leave while on parental leave and also employees retain their entitlements for Public Holiday’s while on Parental Leave.

 

The company may postpone the parental leave on the basis that the leave would have a substantial, adverse effect on the operation of the business or due to the number of employee’s taking leave at one time.

 

For more information on the Council Directive 2010/18/EU on parental leave visit:

http://www.justice.ie/en/JELR/Pages/PR13000093

 

For guidance on all your HR related questions and for Employment Law expertise visit The HR Company and we will arrange a complimentary consultation to assess your exposure with respect to employment legislation, contracts of employment and much more. 

Parental-Leave-Ireland

By |2017-01-02T11:00:37+00:00June 17th, 2015|Policies & Procedures|0 Comments

Theft in the workplace – A serious issue for employers

The HR Company aims to assist employers by giving guidance on all HR related topics - here we advise on what to do when theft is suspected in the workplace:

Request for guidance from employer:

I know somebody in my staff is stealing money from the till. I'm pretty sure I know the culprit. What are my options? I have a staff of nine, all of whom handle cash. I don't have closed circuit TV.

 


stealing in the workplace

The HR Company expert advice:

As with any accusation of theft, the onus of proof is on the Employer to establish the culprit. Therefore the business needs to have an appropriate policy in place to investigate such allegations. An Employer should have a Right to Search policy in place in their contracts of employment and Company Handbook. If there is no such policy, an employee has the right to refuse a search of their personal items.

To uncover the person responsible for the theft, there should be markers placed on notes and then a search carried out to obtain the proof. If there is CCTV in place, then the recorded evidence should be obtained.

 

How to handle theft at work

Common Pitfall:

An Employer discovers there is a theft of money and conducts a 'Witch Hunt' of the staff member they suspect, and this staff member can then claim that they are being victimised in the workplace.

Employers often end up paying out thousands of euro for disciplining employees without following appropriate procedures


Keeping employers compliant in the current business environment

Many businesses are at risk from within. The climate has never been more litigious. This is not just hearsay. The Labour Relations Commission (LRC) is estimated to have over 50,000
cases on its books. Our estimate is that up to 80 percent of Employers will end up paying out.

Why?

Because Employers make mistakes in how they deal with employees. You can't just call
someone into the office and tell them they're dismissed or subject to a disciplinary measure.
We've had cases where a business owner has erupted in a fit of temper and told slacking
employees to go home and never come back. That's a recipe for Employer disaster.

Some - not all, I hasten to add - employees are watching their opportunity. Ninety-nine times out of 100, it's nothing personal - they're just looking for a way to replace income caused by falling rates and hours. Job prospects are slim out there and they don't see much light at the end of the tunnel. So if they can use you to make up the shortfall, they might take the opportunity.

Irish Employment Law - NERA Compliance

 

How do you insulate yourself from the risk of paying out thousands of euro in a claim? Here are some tips to take on board:

 

Be compliant. The National Employment Rights Authority (NERA) is the governing body for employment rights. To be compliant, you must have all your processes in order, right from the terms and conditions onwards. The process of becoming compliant takes you through the many steps along the way. Also, compliance ensures you won't ship a painful fine from NERA.

Understand that, when it comes to employment issues, process is king. You cover yourself by following process. Document what you have done, tell people why you've done things, follow correct disciplinary procedures - those are the nuts and bolts of the matter. Many business owners ride roughshod over the whole area of procedures. They are very vulnerable.

NERA Compliant - Employers avoid claims and fines

 

If you don't know employment law inside out, find someone who does. It will cost you money to get the expert advice you need, but the cost of taking a chance can be multiples more. Observe the legislation.


Redundancy is a minefield if you take chances. You must remember that employees now know their rights better than ever before. They have lived through a time when friends, family and work colleagues have been laid off. They have picked up a great deal of information about their rights. We say to Employers "your employees know their rights - do you?" Some businesses are now facing into a second phase of redundancies. In that instance, you can be guaranteed that staff know their rights better than they did for the first phase. If you don't follow process, if you make a false move, it could cost you.

 

 

 

NERA Compliance - Protecting CompaniesRedundancies are required to keep a business viable. Make your decisions based on what's best for the business - not because you want to get rid of Danny the storeman who you feel hasn't done a tap for years. Before making people redundant, look at the business overall and see what areas are suffering a downturn, what areas are picking up, and how best you should react to changed circumstances.

 

A Selection Matrix will help to clarify your thoughts and take the personalities out of the decision - and also
ensure that no-one can accuse you of using redundancy simply to take out people you don't like. As a business owner or manager, you are entitled to make decisions that make business sense. So establish the logic of any decision before you make it.




By |2017-01-02T11:00:34+00:00June 17th, 2015|Policies & Procedures|0 Comments

Employers deducting Local Property Tax (LPT) from salary

LPT Local Property TaxEffective from 1st July 2013, anyone who has not yet paid, or started to pay, their applicable local property tax (LPT) will have the option to have it deducted from their payroll (or occupational pension) available to them. Those who fail to submit their LPT return or fail to meet the relevant payment obligations will have mandatory deduction at source from salary or pension imposed.

 

Employers and occupational pension providers alike will be obliged to ensure this facility is available to employees from next month.
If property owners are availing of the option to have their applicable LPT deducted at source Revenue will notify the employer/ pension provider via the P2C (employer copy of the tax credit certificate in respect of the individual employee).


The relevant sum is to be deducted from the employee’s net pay.
The employer is to commence deducting the LPT once he or she has received the relevant P2C (but not prior to July 1st 2013). The P2Cs are due to be issued to employers by mid June. The LPT to be deducted should be illustrated at the bottom of the P2C. The deductions are to be made, on a consistent basis only, over the 6 month period between July and December 2013. If the employee is paid weekly then the LPT deduction should be made weekly and if the employee is paid monthly then the deduction should be applied monthly.


For example if the LPT to be deducted is €300 then an employee who is paid weekly will see €300/26=€11.538 deducted from their weekly net salary (Any rounding should be in favour of the employee) - If an employee owing €300 is paid monthly then he or she is due to pay €300/6=€50 on a monthly basis.  Any refunds of LPT will be dealt with by Revenue – Employers are not to make any refunds of this kind.

 

Employers Deducting LPT


If the employer receives the P2C detailing LPT after the July payroll has run then the total LPT should be deducted from August through December - the remaining 5 month period.

 


Employers will have to keep a record of the applicable LPT that they deduct for Revenue and will be required to account for the figures on the Forms P30 and P35 in respect of the employees concerned. The employer will also have to record the appropriate LPT data for employees on their payslips as well as P60’s and P45s.


Where there is a Court Order on file prior to the issuance of the P2C this will take precedence over the LPT deduction. However, if the P2C is issued prior to a Court Order being made then the LPT deduction will preside. Where the Court Order and P2C are issued or made effective from the same date the Court Order takes precedence. The LPT payment, however, takes precedence over all non-statutory deductions.


The Employer/Pension provider cannot take an instruction from the employee to stop deducting LPT from his or her salary – the employer is obliged to deduct the applicable LPT until the P2C shows that no further payment is due. If an employee would like to pay the relevant tax via a different method he or she should contact the LPT Branch and make these arrangements – then the employer will be issued with an updated P2C telling them to stop the deduction from pay/pension. Similarly if the employee feels as though there is a discrepancy in the amount of LPT they are being charged he or she should discuss this with the LPT Branch and if an adjustment needs to be made to the P2C then a revised directive will be issued to the employer.

 

Local Property Tax LPT

According to Revenue “Where there are shortfalls due to insufficient net salary in a particular pay period(s) the employer should adjust the amount of LPT to be deducted per pay period (for the remaining pay periods in the year) to ensure the full amount of LPT is collected by the end of the year. Once this is done, the employer will not be required to notify Revenue about the shortfall. However, employers must notify Revenue in writing (e.g. by Secure Email to employersLPT@revenue.ie) where there will be insufficient income to satisfy the employee’s full LPT liability for the year, based on the expected income for the employee.”

Revenue has established a helpline for employers and pension providers alike to assist with their queries on how this LPT deduction at source will operate.

The Employer Helpline is 1890 25 45 65.



By |2024-06-19T11:18:34+00:00June 17th, 2015|Policies & Procedures|0 Comments

SEPA – What Employers in Ireland need to know about the changeover

 

SEPA - What employers need to knoqEffective 1stFebruary 2014 the Single Euro Payments Area (SEPA) will standardise the processing of electronic payments in the Euro currency. The objective of SEPA is to make payments via credit transfer or debit card within the area fast, safe and efficient. The aim is that electronic cross-border payments are due to become as simple as paying with cash.

The scheme was established to overcome the technical, legal and market obstacles that exist from before the changeover to the Euro currency. The goal is to create a single market for Euro-denominated retail payments. SEPA will enable users to make cashless payments to payees anywhere within the SEPA zone using a single payment account and a single set of payment instructions.

This will allow for the easy movement of food, services and capital throughout the region. What this means is that citizens cannot only live and work anywhere in the area, but can also benefit from competitively priced goods and services, throughout the region.

The Euro currency came into effect in 1999 as an accounting currency (cash and coins were first circulated in the initial Euro currency countries in 2002). The long-term plan has always been to move away from the fragmented national payment markets and to move towards a European Union wide market that is more efficient.

What employers need to know about SEPASEPA will impact all citizens operating/living within its boundaries that hold a payment bank account. Those operating in participating countries will soon be able to make and receive Euro-denominated payments with a standard set of terms and conditions – regardless of whether the payments are made within or across national borders.

People will not be obliged to maintain bank accounts in any one particular country in the region to make or receive payments. An account anywhere in SEPA will be able to make or receive a Euro-denominated electronic transaction anywhere else in SEPA with ease. An Irish person living in France will not have to set-up an account in the host country to pay utilities and rent and so on electronically (as has been the case). SEPA will make life easier in this respect – People will no longer be constrained by national borders for banking and will instead be able to bank wherever suits them within the SEPA zone.

New business rules will be implemented with regard to payments. Along with this a set of common standards and requirements for issuing and executing electronic payment instructions in all participating regions will be introduced.

From 1st February 2014 it will be compulsory for countries to withdraw existing “national only” payment standards/systems and it will be mandatory for members to migrate all electronic payments to the SEPA standards.

SEPA - What employers need to knowSEPA is being rolled out in thousands of banks in the countries and regions included in the scheme - the 27 European Union members (28 with the inclusion of Croatia in July 2013) as well as Norway, Monaco, Switzerland, Iceland and Liechtenstein. SEPA in Ireland is being overseen by the National Payments Plan (NPP) Steering Committee along with a National Payments Plan sub group which consists of representatives of the Central Bank of Ireland, Government, banks, businesses and consumers.

The European Union Commission has made SEPA migration mandatory and businesses, regardless of size, will have to make adjustments to their processes to ensure they comply with SEPA on credit transfers and direct debit payments – A lot of engagement is required with banks and advisors prior to the February 1st 2014 deadline.

For SEPA to succeed it will require active participation from these new payment scheme users – namely public administrators, companies and consumers alike. SEPA will affect the vast majority of people and should not be overlooked. Timely migration is recommended – the deadline is quickly approaching.

When SEPA is effective the cost associated with making a payment outside of your own nation should not be any more than within your own national borders – this will be a huge benefit to both consumers and companies.

It is important to note that payments made in a currency other than Euro and to/from non SEPA countries may still attract foreign exchange charges and/or transaction fees.

Those who currently have direct debits leaving their accounts should experience a seamless transition. However, those collecting payments (the payees) of the direct debits will need to make changes to their internal systems. This is of particular importance for companies.

SEPA will have the biggest impact on companies as the standardised payment infrastructure should open up new possibilities to expand business beyond country borders. Common standards, faster settlements and simplified processing will improve cash flow, reduce costs and facilitate access to new markets further afield than before.

SEPA - what employers in Ireland need to knowLike consumers businesses will need to use Bank Identifier Codes (BIC) and International Bank Account Numbers (IBAN) to identify their bank and account rather than the current identifiers (National Sort Codes and account numbers). Companies should obtain all relevant details on SEPA standards from their banks – the advice is to act quickly and to make the relevant modifications to existing systems or develop new ones without delay. Information technology system providers should be consulted from the outset as the migration could significantly impact these systems.

It is essential for companies to ensure they are informed on all relevant matters here.

 

 

 

 

 

By |2017-01-02T11:00:33+00:00June 17th, 2015|Policies & Procedures|0 Comments

Relationships in the workplace – Advice on co-workers relationships.

Employees spend a good portion of their waking hours in the working environment (often with people who share similar interests to themselves) – given this it isn’t a surprise that relationships regularly develop in the workplace.

How employers deal with these relationships is the important element here. Risks for both the employer and the employees exist in these scenarios.

Some workplace relationships turn into long-term, healthy relationships where the couple are very happy with each other. However, often the situation doesn’t end on such a positive note and it can, in certain instances, create a very awkward working environment for the individuals involved as well as other members of the department who are present in the aftermath.

 

Relationships at work, office love

Office relationships can, at times, be a very positive thing for a business – it can encourage high levels of morale in the workplace and that, in turn, can improve standards of productivity and creativity. Unfortunately, however, workplace relationships can also have negative effects. Employee attention could be focused on the relationship as opposed to the duties of the role and this could lead to a decline in productivity or performance which, subsequently, could threaten the company’s success.

Banning relationships between colleagues isn’t the best route to take for a number of reasons (it isn’t really enforceable), however, it is absolutely essential that employers put certain policies in place in order to avoid what could result in a very awkward conclusion.

Clear rules should be devised for two employees who wish to engage in a mutual relationship. To ensure that your company avoids any hints of sexual harassment it is essential to put clear and concise guidelines in place (employers in Ireland are actually obliged to have policies and procedures on bullying and harassment in place).

It might be a good idea to have a rule that restricts employees from having a relationship with a superior in their own department, for instance, stressing that the rule is the same for all and that its function is to protect employees against sexual harassment and favouritism.

Relationships in the workplace, office romance

Restricting certain behaviour is absolutely paramount as inappropriate behaviour, such as public displays of affection, in the workplace is not acceptable and can compromise the internal culture of the company. Implementing strict rules that leave no room for ambiguity is advisable.

Dignity in the workplace is the right of every employee. It is imperative that you take the dignity at work policy very seriously to protect yourself, as an employer, from a lawsuit and to protect your employees at the same time.  The Employment Equality Acts 1998-2011 mean that employers are liable for harassment in the workplace. Harassment is defined as any form of unwelcome/unwanted conduct relating to any of the discriminatory grounds – gender, civil status, family status, sexual orientation, age, disability, race, religious belief and membership of the Traveller community.

Sexual harassment comes under the bullying and harassment umbrella and includes any act of unwanted verbal, non-verbal or physical conduct of a sexual nature. Sexual harassment violates a person’s dignity by creating an intimidating, hostile or humiliating environment for the person. 

It is crucial for employers to be aware that they may be held legally responsible/liable for the harassment or bullying that occurs in the workplace – even where they are not aware that this is taking place.

Employers should include an acceptable grievance or complaints outline in the dignity at work policy so that employees are not only aware of what is expected of them but what happens when they breach the policy too.

 

Dignity at work, respect in the office

 

By |2017-01-02T11:00:33+00:00June 17th, 2015|Policies & Procedures|0 Comments

Prime Time Investigates Crèches – Employers need to revisit their HR policies to protect themselves

As you are probably aware three crèches between Dublin and Wicklow have come under intense scrutiny in recent days after it came to light that young children under their care were allegedly subjected to inappropriate and unacceptable treatment by staff at the childcare and early learning facilities in Stepaside, Malahide and Rathnew.

An RTÉ researcher, posing as a childcare worker, uncovered the substandard care while working at the facilities. The undercover researcher’s disturbing findings included video footage illustrating manhandling of infants and young children. The report, “A Breach of Trust”, was aired on Prime Time Investigates yesterday (Tuesday 28th May 2013). The claims are currently being investigated by An Garda Síochána and the Childcare and Family Services unit of the HSE.

Prime Time Investigates Creche

While the Prime Time Investigates programme focused heavily on three specific facilities it also highlighted failures in the entire childcare industry in Ireland. The researchers acquired a HSE inspection report that showed that a staggering 75% of Irish childcare facilities were in breach of regulations in 2012.

Minister for Children, Frances Fitzgerald, said that the HSE inspection reports into childcare facilities will be published online in the next few weeks.

Understandably, these statistics have caused uproar and have opened up a huge debate on childcare standards in Ireland. Many parents have been very upset by the recent revelations of breaches in child protection regulations. The poor practices exposed in certain crèches are likely to negatively affect the opinion held by many with regard to childcare facilities in Ireland.

These revelations will bring about intense scrutiny from parents of children in crèches all around the country. In order to protect their reputation it is absolutely vital that management take the time to ensure that all employees in crèches and childcare facilities in general are fully qualified for the roles in which they have been hired.

It is imperative that all employees working with children are vetted thoroughly and that all relevant paperwork is in place.

 

Prime Time Investigates Irish Creches

The HSE report from 2012 highlighted serious policy breaches and failures on numerous grounds like the child-carer ratio. It is imperative that employers seek advice from Employment Legislation experts if they need clarification on policies and procedures that they are required to have in place or if they need help in determining whether or not they have the appropriate paperwork on file. It is essential that all facilities are adequately staffed and that management take the necessary precautions to ensure a high standard of protection and care for children at all times.

One suggestion perhaps might be to install a CCTV system to monitor the interaction between employees and children – before doing so, however, a CCTV policy is required – again, it is essential to seek advice from the appropriate body if you are considering such a course of action.

Reports suggest that multiple employees have been suspended and that at least one employee has been dismissed by the crèches named in the report pending the conclusion of the Garda, HSE and internal inquiries.

Employers need to remember that, to avoid any risk of exposure, it is absolutely imperative to follow approved disciplinary procedures prior to disciplining employees. Regardless of the severity of the situation there are steps that need to be followed in order to ensure employers remain compliant with all Irish Employment Legislation. It is vital to follow procedures that are in line with the Labour Court recommendations to insulate your company against the risk of a future claim or fine. To avoid jeopardising the process contact an Employment Law expert prior to initiating any disciplinary action and arm yourself with the appropriate guidance.

 

Prime Time Investigates Creches in Ireland

 

By |2017-01-02T11:00:32+00:00June 17th, 2015|Policies & Procedures|0 Comments

Employment Appeals Tribunal Awards €18,000 in Compensation

Employee who was dismissed while on sick leave (for allegedly failing to discharge his duties as head chef and because of his unacceptable behaviour over a number of months) is awarded a sum close to €18,000 by the Employment Appeals Tribunal under the Unfair Dismissals Acts, 1977 and 2007, the Minimum Notice and Terms of Employment Acts, 1997 to 2005 and the Organization of Working Time Act, 1997.

Employment Appeals Tribunal Awards Compensation

According to the Employer the Employee in question allegedly displayed aggressive behaviour and appeared for work under the influence of drink. Reports of bullying of colleagues and name calling were filed with the Employer along with incidents of racism and other insults (for instance, calling a kitchen porter “stupid”, “slow” and “a druggie”). The Employee was also accused of throwing a knife at another member of staff - Matters the Employee refutes.

 

The Employee’s performance was called into question on a number of occasions prior to his dismissal – his failure to have adequate staffing and stock were criticized. A lack of communication and flexibility, in particular in relation to changing his time-off (for example, refusing to come to work on Good Friday when the Munster rugby team was playing) was outlined in an “Official Written Warning” on the 6th of April (the second letter of its kind).

On the 7th of April a dispute arose as to whether the Employee in question arrived for work “drunk”. He was instructed to get a blood test by his Employer. The Employee left the premises and sent a text message explaining that he would be on sick leave for the remainder of the week. Over the next few weeks the Employee sent numerous medical certificates indicating that he was suffering from an ulcer (the Employer was aware of this ulcer from early on in the employment).

On receipt of the “Official Written Warning” dated 6th April (mentioned above) the Employee’s trade union sought a meeting with the Employer as the trade union maintained that the warnings had been issued “unfairly without any consultation or trade union representation”. This meeting was held on the 20th of April in the hopes that issues between the Employer and Employee (who had previously been friends) could be resolved, however, the Employee’s unresponsiveness dissatisfied the Employer and he undertook to consult with his legal team. The Employee believed that the Employer wanted to replace him as he had advertised for a head chef the previous day (April 19th).

On the 26th of April the Employee enquired as to when he should return to work and the Employer replied telling the Employee to start back the following week (May 3rd) but when the expected return date arrived the Employee again produced a medical certificate. Two days later the Employer instructed the Employee to post medical certificates and not to attend the premises, except to return keys, until the Employer had heard from his legal team.

When the Employee furnished medical certificates to cover him for the entire month the Employer wrote to the Employee dismissing him for failure to heed the warnings regarding his behaviour and for arriving to work under the influence of drink as well as throwing a knife at another staff member. 

Employment Appeals Tribunal

The Employee believed the disciplinary action was taken against him as a result of a complaint that he had made to the National Employment Rights Authority (NERA) a few months prior to the dismissal.

The Employee was dismissed while on sick leave and the Employment Appeals Tribunal found that, based on the medical certificates and an endoscopist’s letter, the Employee had genuine reason for his absence. The Tribunal found that the procedures used by the Employer in dismissing the Employee were “flawed” and “deficient” because neither of the “official warnings” issued to the Employee put him on notice that his job was in jeopardy.

The Tribunal found that the Employer had not investigated the knife allegation in a “fair” manner. The Employee was dismissed without the benefit of a disciplinary hearing and without being afforded the opportunity to respond to the allegations made against him. In addition the Tribunal found that the Employee was not afforded an adequate opportunity to improve between his warning letter and his dismissal (as he was on sick leave during that period).

The Employee was awarded €14,500 under the Unfair Dismissals Acts, 1977 to 2007, €1,538 (being the equivalent to two weeks’ pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and €1,691.80 (being the equivalent of 11 days annual leave) under the Organisation of Working Time Act, 1997.

In total the sum awarded to the Employee by the Tribunal was €17,729.80.

You might ask how this Employee received such a substantial award given his alleged appalling performance in the workplace...... The Employer failed to follow the correct process when disciplining, and then dismissing, the Employee and therefore left himself open to a claim under the Acts.

This was a very costly mistake on the part of the Employer and one that could easily finish a small business.

This example, along with thousands more, reiterates the significance of complying with Irish Employment Legislation and observing appropriate disciplinary procedures in order to insulate your company from the risk of a claim.

Employment Appeals Tribunal

 

 

Published on Employment Appeals Tribunal Website – 29th May 2013 – Sealed with the Seal of the Employment Appeals Tribunal. 

Source:

http://www.eatribunal.ie/determinationAttachments/indexedLiveDocs/c5e8f31a-cc9b-4ee6-8d59-1d9d7e1059ee.pdf

 

 

 

By |2017-01-02T11:00:31+00:00June 17th, 2015|Policies & Procedures|0 Comments
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