All you need to know about HR!
Supporting Business Owners, Directors and HR Professionals with the latest in HR trends and news.
June 2015
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.
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.
What to do to avoid Harassment and Workplace Bullying
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!
Here is an overview of the basics:
Bullying defined…
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 several people - it is aimed at an individual or a group where the objective is to make them feel inferior or victimized. 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, disability, race or membership of the Traveller community is considered discrimination.
Bullying 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.
Bullying creates a very hostile work environment and can negatively affect employee performance – 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 in the workplace.
In order to avoid bullying and harassment an employer should include harassment-related policies and procedures in the Employee Handbook. This will clarify what is expected of employees and what the protocol is if bullying takes place.
For advice on what to do refer to the Labour Relations Commission’s Code of Practice detailing Procedures for Addressing Bullying in the Workplace:
http://www.lrc.ie/documents/publications/codes/codeonbullying_.pdf
For further employment legislation and HR advice or to arrange a complimentary consultation/audit with a HR expert at your premises contact us at The HR Company.
Labour Court’s recommendation in Workers v Timber Company Case
The Workers at a timber company brought a case against their Employer to the Labour Court and the Recommendation was very interesting. The Workers, who were represented by Services Industrial Professional Technical Union(SIPTU), wanted a 5% pay increase. However, the Company didn’t feel as though it should be paying such an increase. The National Wage Agreement ceased in 2008 and the Workers in the Company have not received a pay increase since then. The dispute between the Employees and the Company could not be resolved at local level and became the subject of a Conciliation Conference under the auspices of the Labour Relations Commission (LRC). Agreement was not reached here and so, in November 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990, the dispute was referred to the Labour Court. In March of this year a Labour Court Hearing took place. The Union argued that the Workers at the timber company have had to endure the austerity measures introduced in successive budgets over the last number of years. They have also experienced a significant increase in taxation which, combined with the difficult budgets, has resulted in a reduction in the take home pay for the Workers. SIPTU also argued that the increase sought was a modest one and that it would not adversely impact the Company. The Company, on the other hand, argued that it was forced to take certain steps to remain viable and maintain levels of employment in the very competitive recent market conditions. The timber firm also stated that it had always met its commitments under the National Wage Agreements; however, any increase in pay at this stage would inevitably challenge the security of employment within the Company. Mr. Hayes (Chairman), Mr. Murphy (Employer Member) and Mr. Shanahan (Worker Member) considered the Employee and Company arguments and made a decision based on all of the submissions.
In the end, the Court met in the middle and Recommended that the Company increase the pay of the workers concerned by 2% for twelve months, effective 1st August 2014.
GAA Tickets Auctioned off in €150,000 Charity Fundraiser
The HR Company would like to offer our sincere gratitude […]
April 2015
Union Recognition May Be On The Way For Irish SME’s
Most of you may have already seen SIPTU General Secretary Jack O’ […]
September 2014
Don’t forget about e-Day
What is e-Day
e-Day is the date from which central Government, local authorities and State agencies stop issuing and accepting cheques from businesses. e-Day is today, 19th September 2014. The particular focus of e-Day is to encourage SMEs to migrate from cheque usage. Cheques are an expensive means of payment for businesses because of bank charges, stamp duty, postage, time spent making lodgements, and unpaid cheques. Businesses are migrating away from cheque usage and opting for more efficient payment methods instead. e-Day will move this process along while reducing costs for businesses.Mandatory electronic filing and payment
Revenue has introduced Regulations providing for the mandatory electronic filing, payment and repayment of certain taxes as part of a strategy to establish the use of electronic channels as the normal way of conducting tax business. Currently the vast majority of Revenue’s business customers have been brought into the mandatory regime.Cheque usage
There has been a significant reduction in business cheques received and issued by Revenue over the past number of years. This has accelerated with the phased implementation of mandatory efiling and payment.Alternative to cheques and cash
Revenue provides an extensive range of alternative payment methods to cheque and cash. The online payment methods include direct debits, single debit instructions, debit card and credit card. Payment by credit card by telephone is also available. Refunds are processed electronically direct to customers bank account.Business customers currently using cheques
Coinciding with e-Day Revenue is actively promoting the use of alternatives to cheque payments as outlined above. Those business customers currently paying or receiving refunds by cheque are advised to prepare for e-Day. ROS customers can nominate bank accounts for payments and refunds by selecting the "Manage Bank Accounts" option on their My Services tab. Alternatively business customers can contact ROS Payment Support Unit at 1890 226 336 to discuss payment solutions with the Revenue Commissioners.June 2014
European Court of Justice may find that obesity is a disability.
Last Thursday, 12th June, the European Court of Justice heard a landmark discrimination case that was brought by Karsten Kaltoft of Denmark. Mr. Kaltoft alleges that he was discriminated against when he was dismissed by his employer because of his weight (approximately 25 stone). The case is the first of its kind to be referred to the EU and could have extensive consequences.
The Danish man was employed by his local authority – Billund local authority - as a child-minder. Kaltoft claims that his weight did not affect his ability to perform his child-minding duties; however, the Court heard that he was unable to do tasks like tying a child’s shoe laces without a colleague’s help.
The question that the European Court of Justice (ECJ) must consider is whether Mr Kaltoft’s obesity falls within the classification of a “disability” under EU law.
The Court’s decision, which is expected in a few weeks, will alter the EU’s Directive on Employment Equality which outlaws discrimination on disability grounds.
The Court’s decision will be binding across all EU member states, including Ireland.
If Kaltoft is successful in his arguments, obesity will be redefined so as to be categorised as a disability.
The USA has already seen several individual workers receive compensation from their former employers as a result of being dismissed due to their obese status.
Until now, the UK courts have rejected obesity as a disability in its own right; however, if the ECJ finds that Mr. Kaltoft was, in fact, unfairly dismissed, employers throughout Europe will be bound by the ECJ ruling and will be forced to treat obesity as a disability going forward. Such a decision would, in future, force employers to make ‘reasonable’ adjustments - for instance, they may have to provide preferential access to parking (as is currently the case for disabled drivers). The ECJ ruling could also restrict employers from rejecting job candidates because of their weight.
According to a 2011 Oireachtas Library & Research Service report, ‘Obesity – a growing problem’, a staggering 61% of adults in Ireland are overweight or obese.
Body Mass Index (BMI) is a number calculated based on a person’s weight and height. Anyone with a BMI of 30 or more is classed as clinically obese.
Employers must pay attention to the ECJ decision in the Kaltoft obesity case as it may establish a precedent across all EU member states which could have major implications for employers.
April 2014
European Court of Justice declares Data Retention Directive Invalid
The European Court of Justice (ECJ) declared the Data Retention Directive invalid yesterday, 8th April, 2014, in response to a case brought by Digital Rights Ireland.
In 2006, Digital Rights Ireland initiated Court proceedings against the Irish State. The case brought the legality of the country’s data-retention legislation into question. The current data-retention legislation requires phone companies and internet service providers to store data about customer locations, e-mails, phone calls and text messages for a period not less than 6, and up to a maximum of 24, months.
In 2012, the High Court in Ireland referred the Digital Rights Ireland case to the European Court of Justice and, in 2013, the advisory legal opinion of Pedro Cruz Villalón, Advocate General, was that the Directive should be overturned. The Advocate General stated that the Directive was unlawful and not compatible with the Charter of Fundamental Rights.
In line with the Advocate General’s advisory legal opinion of 2013, the ECJ yesterday announced that the Directive, which “entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data”, was invalid.
