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Employers Slowly Beginning to Ban e-Cigarettes in Irish Workplaces

Employers are starting to implement e-smoking bans in workplaces in line with the current tobacco smoking ban. In March 2014 Bus Eireann and Dublin Bus extended their respective “no smoking” policies to prohibit the use of e-cigarettes and vapour devices on their busses – employees, as well as customers, are banned from smoking any form of cigarette except in designated areas. Irish Rail also implemented the ban in the recent past and now universities and other institutions and companies are beginning to follow suit by disallowing the use of cigarette substitutes. There are a few reasons for this -

  1. To avoid ambiguity – from a distance e-cigarettes can appear quite like a regular cigarette.
  2. Because e-cigarettes contain nicotine – nicotine is a highly addictive and harmful drug. Nicotine was formerly used as an insecticide and can increase blood pressure and heart rate in humans.
  3. Because the effects of e-smoking are not yet known – e-cigarettes are a relatively new innovation and consequently the long-term effects on health are unclear.
  4. Because of the vapour omitted – there is uncertainty over the contents and effects of this vapour on the e-cigarette smoker and the people in his or her presence.
e-smoking ban While there is no legislation currently in place in Ireland disallowing the use of e-cigarettes and similar products in the workplace, more and more employers are beginning to enforce their own internal rules in relation to their use at work. However, if the rules around e-smoking in the workplace are not covered in the Employee Handbook, the employer could find it difficult to enforce such a policy. The rules surrounding e-cigarettes should be available for all employees - non-e-smokers as well as e-smokers - so there is no confusion over what is/is not allowed. If an employer is considering revising the company’s policies then it is imperative that he or she ensures that the new rules are clearly communicated to employees through an update of the Employee Handbook (which should contain all HR policies). At least two employees in The United Kingdom have recently brought cases forward claiming that they were “victimised” by their employers for use of e-cigarettes in the course of their work. It is only a matter of time before we start to see cases trickle through the system in Ireland and so it would serve employers well to prepare for this potentially costly exposure by introducing very clear policies in relation to e-cigarettes as soon as possible.
By |2025-07-11T14:11:15+00:00June 17th, 2015|e-cigarettes|0 Comments
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Bullying and Harassment

  The results of a recent Europe-wide survey, which were reported on in TheJournal.ie’s article Irish workplaces among worst in Europe for bullying, highlighted worrying levels of bullying within companies in Ireland. According to the survey, Ireland is the 7th worst country in Europe when it comes to workplace bullying with a significant 6% of employees claiming to experience it.    

Tom O’Driscoll, SIPTU’s Head of Legal Affairs, explained that “It can be physical abuse but it’s usually abusive name-calling, putting undue pressure on people, singling people out, commenting on their performance…” etc.

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. 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 - 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! Under current Irish Employment Legislation (The Employment Equality Acts 1998-2011) companies are accountable when it comes to bullying and harassment in the workplace. 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. Dignity at work 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. Sample award – In June 2013, a fast food company in Blackpool, Cork was forced to pay €15,000 after two employees were subjected to sexual harassment by another employee.  An Equality Tribunal ruling found that a lesbian couple, who both worked for the restaurant in Cork, were forced to endure obscene remarks and queries about their relationship and sexuality from another employee at the branch. The Tribunal found that management at the restaurant failed in their duty to take the appropriate steps to protect the women. They failed in their responsibilities to their employees and consequently were instructed to pay €15,000 to the couple.   Compensation Under Irish Employment Legislation it is the duty of the employer to provide a workplace that is safe for lesbian women and gay men to be open about their sexuality.   This is something that all employers need to pay close attention to.  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. Employers need to be vigilant and need to make more of an effort to consciously crack down on this type of activity. 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. The Europe-wide survey found that females between the ages of 30 and 49 are most likely to be bullied at work. Males between the ages of 15 and 29 are the second most likely group to experience bullying.  Women in the same age group are most likely to experience sexual harassment. Bullying in the workplace In December 2013 the Immigrant Council of Ireland (ICI) brought our attention to a shocking statistic when it revealed that the number of racist incidents reported in Ireland in the first 11 months of 2013 had jumped 85% on the same period in 2012. The racism reported related to alleged discrimination, written harassment, verbal harassment and physical violence. A massive 20% of the reported incidents of racism occurred in the workplace. Racist Incidents                    The area of workplace bullying clearly requires immediate attention in Ireland.    
By |2025-07-10T10:20:04+00:00June 17th, 2015|Bullying at work|0 Comments
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A Significant Number of WRC Inspections are Unannounced

NERAThe National Employment Rights Authority (NERA) was first established on an interim basis in February 2007 with the aim of securing compliance with Irish Employment Legislation. NERA monitors employment conditions through its inspectors. It enforces compliance and seeks redress where any employment rights have been breached.   Since its establishment in 2007, the number of NERA inspectors has increased by more than 100%. These inspectors exchange information with the Department of Social Protection and the Revenue Commissioners.   Inspectors are empowered to enter company premises and interview employees as well as employers. They can also examine employment records and can take statements before initiating legal proceedings.

Typically, a NERA investigation proceeds in the following way:

NERA Inspections1) If the initial inspection finds Employment Legislation breaches the employer is instructed to take the appropriate steps to rectify the matter. 2) NERA sends a letter to request evidence that the employer is now compliant. 3) If the response is inadequate, the company is warned that any further breaches will be sent to NERA's legal services for prosecution. Then a follow-up inspection occurs.     *It is extremely important for employers to note that if there is a breach of the Protection of Young Persons (Employment) Act 1996, the employer is referred for prosecution directly after the first inspection. Employers should know that employees regularly complain to NERA about their employer’s adherence to Employment Legislation and their maintenance of employment records and so on. In order to pass a NERA inspection and to comply with Employment Legislation, employers are statutorily obliged to maintain a large number of records relating to their employees. Here is a list of the 10 most important records/details that an employer in Ireland must keep:
  • PPS Number, Name and Address of each employee
  • Terms of Employment for every employee
  • Individual job classifications for each employee
  • Commencement/termination dates
  • Payroll details
  • Copies of payslips
  • Hours of Work
  • Under 18 employee register (if applicable)
  • Public Holiday/Annual Leave entitlements received by each employee
  • Board/Lodging details if applicable
NERA inspectors are entitled to see all of these records, and more where relevant, during an inspection.

In the 6 month period between January and June 2013, NERA conducted 2,755 workplace inspections. A staggering 1,458 (53%) of these inspections were unannounced!

Under 18s Register
By |2025-07-10T13:30:52+00:00June 17th, 2015|Inspections|0 Comments
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Whistleblowing in Ireland

In light of the Garda whistleblowing issues that have been unfolding in recent weeks, we thought employers might find some information on whistleblowing useful. The Protected Disclosure Bill 2013, commonly known as the ‘Whistleblowers Bill’ was published on July 3rd 2013 by the Minister for Public Expenditure and Reform, Brendan Howlin, T.D. The Bill is to establish a comprehensive legislative framework protecting whistleblowers in all industries in Ireland. Whistleblowing The purpose of the Bill is to protect workers who raise concerns regarding wrongdoing (or potential wrongdoing) that they have become aware of one way or another in the workplace. The Bill will offer significant employment and other protections to whistleblowers if they suffer any penalties at the hands of their employer for coming forward with information of wrongdoing in their place of work. The Bill, which is due to be enacted shortly, closely reflects best practices in whistleblowing protection in developed nations around the world. According to Minister Howlin the Bill “should instil all workers with confidence that should they ever need to take that decisive step and speak-up on concerns that they have about possible misconduct in the workplace, they will find that society values their actions as entirely legitimate, appropriate and in the public interest”. Whistleblowing Some key elements included in the Bill are as follows: Compensation of up to a maximum of five years remuneration can be awarded in the case of an Unfair Dismissal that came about as a result of making a protected disclosure. This would be a massive step forward in Ireland’s attempt to match the standards set by other established nations. It is important to note that limitations relating to the length of service that usually apply in the case of Unfair Dismissals are set aside in the case of protected disclosures. As a result of this Bill, whistleblowers will benefit from civil immunity from actions for damages and a qualified privilege under defamation law. The legislation will provide a number of disclosure channels for potential whistleblowers and stresses that the disclosure, rather than the whistleblower, should be the focus of the attention. Protections for the whistleblower remain in place even where the information disclosed does not reveal any wrongdoing when examined. Deliberate false reporting, however, will not be protected. These measures, when enacted, should encourage more people to come forward, and feel comfortable doing so, when they become aware of (or suspect) any criminal activity, misconduct or wrongdoing in the workplace. The Seanad Final Stage debate on the Protected Disclosures Bill 2013 was held on the 20th November 2013 and the Bill was passed by the Seanad. The Bill, which may be subject to minor changes, will soon be debated and passed by the Dáil. Once it is signed by President Michael D. Higgins, the Protected Disclosures Bill 2013 will come into operation and, according to Minister Howlin, he intends for the legislation to be “commenced immediately on its enactment”. Employer Responsibilities What should employers do? As it will apply to all employees in Ireland once enacted; employers should establish and clearly communicate a comprehensive ‘whistleblowing’ policy to ensure that staff are aware of and understand the provisions of the Protected Disclosures Bill. It is important that cultural issues and negative connotations surrounding whistleblowing are addressed within the company to ensure that employees adhere to the appropriate whistleblowing guidelines.

By |2017-01-02T11:00:04+00:00June 17th, 2015|Employer Responsibilities|0 Comments
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Worker dismissed at probationary period meeting awarded €10k

Labour Court, Unfair Dismissal, ProbationOn 17th September 2013 a former employee of a coach hire company referred his case under Section 20 (1) of the Industrial Relations Act, 1969 to the Labour Court and agreed to be bound by the Recommendations of the Court.

  The case revolved around the alleged Unfair Dismissal of the claimant at his probationary meeting. An employee with less than 12 months’ service cannot avail of the protections offered by the Unfair Dismissals Acts, however, as this particular employee did, employees with less than 12 months’ service can refer a claim under the Industrial Relations Act as the amount of service is irrelevant in these instances. The employee claimed that he was made aware that he was being dismissed at the meeting but stated that no issues about his performance were raised at that time. The employee described how he was denied his right to appeal the decision as his employer either claimed to be “unavailable” or simply “failed to respond” to any correspondence relating to an appeal process. A Labour Court hearing was scheduled for, and took place on, January 10th 2014. The employer, who was notified of the hearing, did not attend and did not appoint any representation to attend on his/her behalf. Given his opportunity to speak, the worker claimed that throughout the course of his probation, he was never told of any issues with his performance. He went on to describe how he was not afforded his right to query why he was dismissed and was not given any opportunity to appeal the decision made by his employers to terminate his employment at that time. As there was no representation on the part of the employer the employee’s claims went uncontested. With the evidence presented to it, the Court decided that the process used in deciding to dismiss the claimant fell short of the standards of fairness that a reasonable employer should exhibit. The Court, satisfied with the evidence of the claimant, ruled that he be compensated in the amount of €10,000. This figure was in full and final settlement of all claims arising from this dismissal. Award, Unfair Dismissal The determination in this case should encourage all employers to ensure that they follow Labour Court approved procedures with extreme care when dismissing an employee - even when doing so during a probationary period. Employers should note from this case that all employees, including those who are dismissed during probation, are entitled to be afforded details of the reasons why they are being let go and should also be offered the right to appeal the decision to terminate. As should be the case all employees, even employees on probation, are entitled to natural justice. Probation Performance Assessment Form
By |2017-01-02T11:00:15+00:00June 17th, 2015|Compensation|0 Comments
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