HR e-ssentials - Apr '05

HR e-ssentials from Graphite HRM
 
Graphite HRM Ltd. | April '05

Welcome to our April '05 issue of HR e-ssentials, the monthly e-zine from Graphite HRM on developments in people management and labour law practice. We would like to extend a warm welcome to all our recent subscribers.
Contents

Graphite Nationwide Events

Breakfast Seminar 26th April 2005

Final bookings for our groundbreaking seminar on Employee Surveys: Maximising the Value through Best practice
Croke Park Stadium, Dublin 3

This seminar will provide you with a range of valuable insights into how your organisation can maximise the return on its investment and get the most value from their surveys. Whether you already conduct surveys or are thinking about it, this seminar will provide you with the most effective ways to ensure your survey is a success.

Breakfast will be available from 07:45 and the seminar will finish at 10:30. Free delegate parking.

Graphite Workshops
– Investigator Training 2-day Workshop – May 11th & 12th
– How to Manage Dignity and Respect in the Workplace – ½ day Workshop – May 24th
– How to Manage Discipline and Grievance in the Workplace – ½ day Workshop – May 24th
– Train The Designated Contact Person – May 25th
– Implications of Employment Law – June 21st
– Selection Interviewing Skills 2-day Workshop – June 22nd & 23rd

.....Lessons from Employment Law
– Company’s “Lack of Compliance” with Fixed Term Workers Act Results in €7,500 Award
– Inadequate Recruitment Records Leave Employer Exposed

.....Employment Law Update
– Minimum Wage Increase May 1st 2005

.....Dignity at Work
– The Role of the Designated Contact Person

..... Questions from the Hotline
– March’s most commonly asked questions.
 
Graphite Events

Dublin Breakfast Seminar

Employee Surveys: Maximising the Value through Best Practice
Breakfast Seminar 26th April, Croke Park Stadium, Dublin 3

Climate Surveys, Employee Satisfaction Surveys, Employee Engagement surveys. In recent times surveying has become a critical element of best practice with more and more organizations seeking feedback from their employees on a wide range of organizational issues.

The big questions that often remains unanswered is . . . are you getting the most from your organizational survey?

This seminar will provide a range of valuable insights into how organizations can maximise their investment and get the most value from their surveys. Whether you already conduct surveys or are thinking about it, this seminar will provide you with the most effective ways to ensure your survey is a success.

Our guest speaker Mark Ivery, former Group Head of Employee Research at Lloyds TSB, will outline his experience in conducting surveys in an organisation with over 75,000 employees.

Graphite Workshops

Investigators Training Workshop - Dublin - 11th & 12th May

This two-day workshop aims to provide delegates with the skills and expertise to conduct investigations into complaints of bullying, harassment and sexual harassment. This comprehensive training programme provides an overview of the legal implications of workplace bullying, harassment and sexual harassment as well as the practical skills required for conducting effective investigations into complaints made in these areas.

The two-day workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin 4 on 11th & 12th of May.

How to manage Dignity, Discipline & Grievance at Work - Dublin - May 24th

On May 24th you have the opportunity to attend two half-day workshops in the Berkeley Court Hotel, Dublin. During the morning session find out how to comply with equality and health and safety legislation at our session on “How to manage Dignity and Respect at Work”. Then in the afternoon learn “How to manage Grievance and Discipline at Work”. Delegates can either choose to attend one of these comprehensive sessions or enjoy both sessions, and lunch, for a special discounted rate.

How to manage Dignity and Respect at Work

This half-day workshop will provide delegates with a clear understanding of what is needed to maintain the dignity of employees within the workplace. This seminar will address the application of employment law at an operational level and will focus on the implications of equality and health and safety legislation for the organisation. It is highly participatory through the use of case studies and group exercises. The workshop is suitable for managers, supervisors, HR personnel and SME owners who will be provided with both the legislative and practical advice on how to manage dignity and respect in the workplace as well as understanding their role in the process. The workshop has been updated to take into account the new Equality Act, 2004. Each delegate will receive comprehensive materials including sample policies and procedures which can be implemented immediately in your organisation.

How to manage Discipline & Grievance at Work

This half-day workshop provides managers, supervisors, HR personnel and SME owners with a practical understanding of how to effectively implement discipline and grievance procedures in the workplace. The workshop looks at the legislative requirements in these areas, reflects on lessons from case law, and focuses on the practical application of policies and procedures. It places an emphasis on understanding the procedural requirements, as well as giving delegates the practical skills to manage performance and conduct meetings relating to discipline and grievance. Comprehensive materials will be provided along with sample disciplinary and grievance policies and procedures.

Train the Designated Contact Person - Dublin - 25th May

Graphite HRM presents Train the Designated Contact Person, a new innovative 1-day workshop which aims to provide delegates with the knowledge and expertise in how to handle queries and/or support individuals who feel they are being harassed, sexually harassed or bullied at work. This workshop is specifically provided for persons, designated under their organizations policy, to be a “Contact Person”, this includes members of the HR team, supervisors, team leaders or managers. The workshop provides an outline of the legal implications, an overview of the complaints procedure and the investigation process. It will provide the “Contact Person” with the confidence to conduct their role and support/advise employees in an impartial manner. The workshop has been updated to take into account the new Equality Act, 2004.

The workshop will be held in The Berkeley Court Hotel, Dublin 4 on May 25th. Registration and Tea/Coffee will be from 8.45am and the workshop will be from 9.00am - 5.00pm.

Implications of Employment Law - Dublin - June 21st

This one-day workshop aims to inform delegates on the application of employment law, and addresses the ways in which the law impacts on people management practice. The workshop covers such areas as the contract of employment, the organisation of working time, leave of absence, equality legislation, and discipline and grievance procedures. The workshop addresses recently introduced legislation including the Data Protection Act, 2003 and the Protection of Employees (Fixed-Term Work) Act, 2003, the Maternity Protection (Amendment) Act, 2004 and the Equality Act 2004. Participants on the workshop will be provided with an overview of employment law, and will understand their role in upholding the relevant legislation.

The workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin 4 on 21st June.

Selection Interviewing Skills Workshop
Dublin - June 22nd & 23rd

This 2-day workshop aims to equip delegates with the necessary skills and information for conducting effective selection interviews. The workshop places interviewing in the context of the complete recruitment process and will equip interviewers the necessary skills to successfully evaluate candidates at all levels.

This workshop will be run in the Berkeley Court Hotel in Ballsbridge, Dublin 4 on June 22nd and 23rd 2005.


Please note that places are limited on all workshops so for further information, or to make a booking, please contact Elaine Peters on 01 – 6627099 or mailto:fran.graydon@graphitehrm.com
 
Lessons from Employment Law

Company's "Lack of Compliance" with Fixed Term Workers Act Results in €7,500 Award

A company’s failure to implement the terms of the Protection of Employees (Fixed-Term Work) Act, 2003, has landed it in hot water with the Labour Court. The Court reprimanded the organisation for behaving “as if the Act did not exist”, and stated that this “lack of compliance obviously needs to be addressed and rectified”. This case came before the Labour Court by way of an appeal of a Rights Commissioner’s decision which had favoured the employer. As the appeal came before the Labour Court, this is one of the first determinations under this legislation to be made available to the public. As such, the lessons from this case are important to all employers and should be noted.

To read the full summary, login to the HR Information Client Zone on our website at www.graphitehrm.com and look under Lessons from Employment Case Law – Fixed-Term Working.

Inadequate Recruitment Records Leave Employer Exposed

A complaint of age discrimination brought before the Equality Tribunal was recently upheld after it transpired that the respondent had failed to keep adequate recruitment records. The respondent’s failure to produce records requested by the Equality Officer meant that the respondent was not in a position to rebut the allegation of discrimination. As a result, the respondent was ordered to pay €5,000 compensation, and to take steps to improve record keeping in relation to recruitment. The lessons in this case are important for any organisation undertaking a recruitment campaign. It also highlights the dangers of putting a maximum on the number of years experience required, as this could lead to indirect discrimination.

To read the full summary, login to the HR Information Client Zone on our website at www.graphitehrm.com and look under Lessons from Employment Case Law - Equality.
 
Employment Law Update

Minimum Wage Increase May 1st 2005

The Labour Court recommendation to increase the national minimum wage to €7.65 per hour will take effect on 1st May 2005. The sub-minimum rates which may be paid to certain categories of employee, for instance to persons under the age of 18, to first time job entrants or to those engaged in structured training or study will also increase from this date. For details fo the new sub minimum rates applicable, go to ourr website to read the article in full.

To read the article in full, login to the HR Information Client Zone on our website at www.graphitehrm.com and look under Employment Law update.
 
Dignity at Work

The Role of the Designated Contact Person

The Codes of Practice on Harassment and Sexual Harassment and Bullying at Work both outline that a first step for employers seeking to eliminate these behaviours in the workplace is to put in place a dignity at work policy and complaints procedure. However, it is acknowledged that simply putting a policy in place is only half the battle and it is actually the implementation of the policy that can determine whether or not the policy works effectively.

As a consequence, it is recommended that employers provide for a competent named person to be available to assist individuals in understanding the policy and complaints procedures. This person should be available to provide information to both employees and non- employees on the procedure and on the policy in general. This person is known as a designated contact person, and plays a key role in ensuring that the policy is accessible to all those covered by it.

To read the article in full, login to the HR Information Client Zone on our website at www.graphitehrm.com and look under Employment Law update.

 

Graphite HR Hotline – March’s most frequently asked questions

As part of our regular monthly review in HR e-ssentials Graphite HRM provides you with an insight into the type of queries we get on our HR Hotline. While we cannot detail the more confidential issues, the following is an example of some of the standard questions we received in March and the operational advice we offered.

Q. If an employee avails of Carer's Leave, is it necessary to keep their job open for them when they return?

A. Provided that the employee adheres to notification requirements in the legislation the employee is entitled to return to work subject to the following conditions:

  • The employee must be entitled to return to work with the employer with whom he/she was working immediately before the period of carer's leave or where a transfer of undertaking has occurred, with the new succeeding owner
  • The employee is entitled to return to the job that he/she held immediately prior to the period of carer's leave or to an equivalent job
  • The employee will be entitled to return to work under the same contract of employment that he/she held immediately prior to commencement of the period of carer's leave or under a contract of employment that has the same terms and conditions that are at least as favourable as the original terms and conditions.

Where it is not reasonably practicable for the employer to offer the employee the same job the employee shall be entitled to suitable alternative employment with the employer and terms and conditions of employment that are not substantially less favourable.

To read more about Carer's Leave see Chapter 11, Leave of Absence in Personnel Policies and Procedures - the law in perspective.

Q: If an employee's child is hospitalised while she is on maternity leave, is she entitled to postpone her maternity leave until the child is released from hospital?

A: Under the 2004 Amendments to the Maternity Protection Acts, an employee may, on the hospitalisation of her child, apply to have a portion of maternity leave postponed until her child is discharged from hospital. The employee may only postpone the last four weeks of maternity leave, but may also postpone any or all of her additional maternity leave (up to 8 weeks). Under the legislation, it is at the employer’s discretion whether or not to grant this postponement, and the employer may seek evidence of the child’s admission to hospital. The maximum length of any postponement is 6 months.

To read more about the recent amendments to the maternity legislation, see Chapter 11, Leave of Absence, in Personnel Policies and Procedures - the law in perspective.

Disclaimer - This is not a legal service, all suggestions will be based on HR best practice.
You should seek independent legal advice before making any decisions.


*******Order a free 7-day evaluation copy of Personnel Policies and Procedures - The Law in Perspective our leading employment law manual by emailing sales@graphitehrm.com or phoning Elaine Peters on (01) 6627099********


 

 
 
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Graphite Events:
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To make an enquiry, or to book a place on any of Graphite HRM's workshops please contact Elaine Peters on 01-6627099 or email fran.graydon@graphitehrm.com or for online bookings click here.
HR Hotline 1580 280 380
HR Hotline 1580 280 380
all calls charged at €2.40 per minute.
Disclaimer - This is not a legal service, all suggestions will be based on HR best practice.
Free 7-day Evaluation
Order a free 7-day evaluation copy of Personnel Policies and Procedures - The Law in Perspective our leading employment law manual by emailing sales@graphitehrm.com or phoning Elaine Peters on (01) 6627099
 
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Copyright © 2004 Graphite HRM Ltd. All Rights Reserved

Graphite HRM Ltd, Stephen's House, 7/8 Upper Mount Street, Dublin 2. Tel. 353-1-6627099
Email: hrinfo@graphitehrm.com

Legal Editors - Since September 2001, the Employment and Equality Law Group of Matheson Ormsby Prentice (MOP), one of Ireland's leading law firms, have been providing legal editing for Personnel Policies and Procedures - The Law in Perspective. The EEL Group of MOP specialises in advising clients on all aspects of the employment relationship. For further advice on MOP's services contact Paul Glenfield, Partner and Head of the MOP EEL Group on (01) 6199000 or email: paul.glenfield@mop.ie

We trust that HR e-ssentials will be of on-going value to you. Please forward it to anyone else to whom it would be of value, or forward us their e-mail address so we can add it to our circulation list.
We welcome your feedback on any topics of interest. Should you wish not to receive future copies of HR e-ssentials please reply to this e-mail and include the word 'unsubscribe' in the subject line. Don't forget to notify us if you change your contact details, if you move offices or change your e-mail address.
HR e-ssentials is a service provided by HR Information Services, Graphite HRM Ltd.

Disclaimer - Graphite HRM Ltd has taken all reasonable care to ensure the accuracy of the information presented both in this electronic magazine and on our website. Graphite HRM Ltd does not make any warranties regarding the accuracy or completeness of the information within or accessible through our website. Graphite HRM Ltd reserves the right at any time to revise, alter or delete the information provided on our electronic magazine and on our website. The material and information contained on this site is for general information only and does not constitute any form of offer for sale, advice or recommendation by Graphite HRM Ltd. You should seek independent legal advice before making any decisions. In no circumstances shall Graphite HRM Ltd be liable to you or any other third parties for any loss or damage arising directly or indirectly from your use of this site or the information on this site.
Copyright © 2004 Graphite HRM Ltd. All Rights Reserved

Graphite HRM Ltd, Stephen's House, 7/8 Upper Mount Street, Dublin 2. Tel. 353-1-6627099
Email: hrinfo@graphitehrm.com

Legal Editors - Since September 2001, the Employment and Equality Law Group of Matheson Ormsby Prentice (MOP), one of Ireland's leading law firms, have been providing legal editing for Personnel Policies and Procedures - The Law in Perspective. The EEL Group of MOP specialises in advising clients on all aspects of the employment relationship. For further advice on MOP's services contact Paul Glenfield, Partner and Head of the MOP EEL Group on (01) 6199000 or email: paul.glenfield@mop.ie

We trust that HR e-ssentials will be of on-going value to you. Please forward it to anyone else to whom it would be of value, or forward us their e-mail address so we can add it to our circulation list.
We welcome your feedback on any topics of interest. Should you wish not to receive future copies of HR e-ssentials please reply to this e-mail and include the word 'unsubscribe' in the subject line. Don't forget to notify us if you change your contact details, if you move offices or change your e-mail address.
HR e-ssentials is a service provided by HR Information Services, Graphite HRM Ltd.

Disclaimer - Graphite HRM Ltd has taken all reasonable care to ensure the accuracy of the information presented both in this electronic magazine and on our website. Graphite HRM Ltd does not make any warranties regarding the accuracy or completeness of the information within or accessible through our website. Graphite HRM Ltd reserves the right at any time to revise, alter or delete the information provided on our electronic magazine and on our website. The material and information contained on this site is for general information only and does not constitute any form of offer for sale, advice or recommendation by Graphite HRM Ltd. You should seek independent legal advice before making any decisions. In no circumstances shall Graphite HRM Ltd be liable to you or any other third parties for any loss or damage arising directly or indirectly from your use of this site or the information on this site.