Graphite Workshops
– Managing Discipline and Grievance – Limerick - 9th May 2006
– Train the Designated Contact Person – Dublin – 11th May 2006
– Investigator Training – Dublin - 23rd & 24th May 2006
– Managing Discipline and Grievance – Dublin - 15th June 2006

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

Employment Law Update
- Employees (Provision of Information and Consultation) Act, 2006 Passed
- Use of Standard Rules in Information and Consultation Legislation

Lessons from Employment Law
- Two cases detailing breaches and penalties under the Organisation of Working Time Act

Graphite Consultation Queries
- March’s most commonly asked question

Employees (Provision of Information and Consultation) Act, 2006 Passed

The Employees (Provision of Information and Consultation) Act, 2006 was finally passed by the Dail and the Seanad on the 29th March 2006, and was signed by the President on April 9th 2006.

The legislation will become effective as soon as a commencement order is signed. From Section 4 of the Act we know that there will be a phased introduction, with the new law applying to undertakings with at least 150 employees from a date to be prescribed before March 23, 2007. Undertakings with at least 100 employees will be covered by the legislation from March 23, 2007, and undertakings with at least 50 employees will be covered by the legislation from March 23, 2008.

The purpose of the Act, which implements EU Directive 2002/14/EC, is to provide for the establishment of a general framework setting out the minimum requirements for the right to information and consultation of employees in undertakings with at least 50 employees.

Employers that have 'pre-existing' information and consultation agreements must cover all employees and must be formally approved by the workforce. Pre-existing and negotiated agreements allow employers to agree with the workforce information and consultation arrangements that suit the particular size, type and employment culture of the organisation.

This month’s article helps organisations to plan for the implementation of information and consultation processes within their organisation.

Click here for direct access to the full article in the Client Zone

Article Location: Login to the Client Zone > Click Employee Communication and Consultation > Article under Employment Law Update

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Use of Standard Rules in Information and Consultation Legislation

The Employees (Provision of Information and Consultation) Act, 2006 signed by the President on April 9th 2006, sets out the minimum requirements for the right to information and consultation of employees in undertakings with at least 50 employees. Whilst it does not require an employer to immediately put consultation processes in place, the 2006 Act outlines the Standard Rules which will apply when a negotiated agreement is not reached, following a request by employees.

Within the legislation there is a specific set of Standard Rules to which employers must adhere. These apply in situations when an organisation fails to reach a negotiated agreement. They operate as a fallback to ensure that information and consultation arrangements are in fact put in place where sufficient number of employees want them.

The Standard Rules employers must comply with are numerous but include, for example, that the employee representatives must be employed by the organisation, they should be elected in accordance with the provisions of the Act, and in the absence of an election they can be appointed by the employee group or the employer with the agreement of the employees. The rules also set out that the forum should have at least 3 but no more than 30 members.

If you are setting up an information and consultation agreement / forum within your organisation it is imperative that you are familiar with these standards.

Click here for direct access to the full article in the Client Zone

Article Location: Login to the Client Zone > Click Employee Communication and Consultation > Article under Employment Law Update

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For Premium and Premium Plus customers, Graphite provides a HR Consultation Service. 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 through this consultation service.

Q: I understand that there is a less onerous requirement on small employers in relation to a Safety Statement. Do I need to produce one?

A: The Safety Health and Welfare at Work Act 2005 states that where an employer employs 3 or less employees it is sufficient to observe the terms of a code of practice, which will be developed by the Health and Safety Authority in due course. In the meantime a basic safety statement would appear to be sufficient for a small employer, employing 3 or less employees, but it would be unacceptable to have no safety statement or risk assessment at all in place. We recommend that an employer check if there are any health and safety guidelines available for organisations of a similar size in the same sector, and that independent advice may be required.

To read about Health & Safety please see Chapter 9, Health & Safety, of Personnel Policies and Procedures – The Law in Perspective.

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Q: Is the employer always liable for the stress of employees?

A: Unfortunately dealing with stress is not a straightforward issue. Stress is not always a negative occurrence and indeed it could be argued that a moderate level of stress can be seen as a positive factor. It is when the stress which employees are placed under becomes excessive that there is a cause for concern. There are many medical explanations of what stress is, however a simplistic definition is the reaction people have to excessive pressures or other types of demand placed on them.

Under the Safety, Health and Welfare at Work Act 2005, an employer could be held to have been negligent where the employer has not taken adequate steps to prevent stress related injuries occurring. For example, if excessive hours of work are expected or if sufficient resources are not provided to facilitate employees in carrying out their duties and responsibilities, the employer could be held liable for the deterioration of an employee's ''mental health''. Briefly, for this to happen, it must be proven that the problem was work related and that the employer could have foreseen the illness and that appropriate preventative measures were not taken.

To read about Health & Safety please see Chapter 9, Health & Safety, of 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.

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