Graphite Workshops

• Train the Support Contact Person – one day workshop, 24th April 2007.
• Selection Interviewing Skills – one day workshop, 25th April 2007.
• Implementing Contracts of Employment – half day workshop, 1st May 2007.
• Managing Dignity and Respect in the Workplace – half day workshop, 1st May 2007.
• Developing an Employee Handbook – one day workshop, 15th May 2007.
• Performance Management and Goal Setting – one day workshop, 16th May 2007.
• Implications of Employment Law – one day workshop, 23rd May 2007.
• Managing Discipline and Grievance – one day workshop, 12th June 2007.

Please note that places are limited on all workshops. For further information, or to make a booking, please contact Fran on 01 – 6627099 or fran.graydon@graphitehrm.com

Employment Law Update

• Broadening the scope of the Employees (Provision of Information and Consultation) Act, 2006

HR News

• Minister announces new 'Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work'
• Publication of 'Bullying in the Workplace: Survey Reports, 2007'
• Guide for Employers on Information and Consultation Arrangements

Lessons from Case Law

• Bullying/Harassment and Constructive Dismissal

Practical Steps

• Data Protection – Monitoring of staff and CCTV

Graphite Consultation Queries

• Our organisation uses the words “Bullying” and “Harassment” interchangeably. Is there a distinction between the two and how can I tell the difference?

Broadening the scope of the Employees (Provision of Information and Consultation) Act, 2006

We’d like to remind employers that the Employees (Provision of Information and Consultation) Act, 2006, has broadened in scope as and from 23rd March 2007. Companies with 100 employees or more will now be subject to the provisions of this Act. The Act has applied to companies with at least 150 employees since September 2006, and will apply to companies with 50 employees or more from March 2008.

For more information on the Act, please refer to the HR News piece below.

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Minister announces new ‘Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work’

Since 2005, the Safety, Health and Welfare at Work Act has placed a further legal responsibility on employers to ensure that they provide a safe place to work, including taking every step reasonably practicable to provide a workplace free from improper conduct or behaviour at work. This includes protecting an employee’s dignity at work, which can be undermined by workplace bullying. Such a provision has prompted calls from many employers for further guidance on this important matter.

On 4th March 2007, Tony Killeen TD, Minister for Labour Affairs, announced the expected publication of a ‘Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work’. This Code, published by the Health and Safety Authority, replaces the HSA’s 2002 Code on the Prevention of Workplace Bullying, and comes into effect on 1st May, 2007.

The Code explains what bullying means in practice and deals with the responsibilities of employers and employees to prevent or resolve it. It also reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, the Code requires that an employer include this in the safety statement.

The Code requires all employees and employers to be vigilant of their own behaviours in order to eradicate bullying, and promotes a systematic and robust method for dealing with cases of bullying as the best way to prevent the behaviour being repeated and reduce the health effects for those who have been bullied. The Code also provides guidance on identifying bullying and gives advice on how to prepare an anti-bullying policy for the workplace.

Furthermore, it places a strong emphasis on dealing with a complaint of bullying at the lowest possible level in the workplace and that incidents of bullying should be resolved using an informal process wherever possible. It also recommends the use of professional mediation services where an organisation is not in a position to mediate internally. If, having exhausted the internal processes, an individual is dissatisfied with the outcome, they can refer an appeal to the Rights Commissioner Service. The Rights Commissioner can assess how the procedures were applied in a particular bullying case, and intervene in a number of ways, including carrying out a new investigation. A further appeal can be made to the Labour Court.

This Code of Practice should provide a valuable source of guidance for employers and employees alike in what can be an ambiguous and emotive area.

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Publication of ‘Bullying in the Workplace: Survey Reports, 2007’

In its 2005 report, the Expert Advisory Group on Workplace Bullying recommended that an up-to-date survey on bullying in Ireland should be conducted. As a result, the ESRI carried out two national surveys on behalf of the Department of Enterprise, Trade and Employment, and these were published in recent weeks. One of the surveys involved surveying both employees and the self-employed on the subject of workplace bullying. The second surveyed employers in the public and private sectors on workplace bullying. The results of these surveys are wide-ranging, and include measurement of the incidence and nature of bullying in the workplace. These surveys will underpin future Government action on the matter.

The full report is available from the Department of Enterprise, Trade and Employment website (www.entemp.ie).

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Guide for Employers on Information and Consultation Arrangements

As and from 23rd March 2007, companies with 100 employees or more will be subject to the provisions of the Employees (Provision of Information and Consultation) Act, 2006. The Act provides for the establishment of a framework which sets out the minimum requirements for the right of employees to information and consultation. The Act seeks to ensure that information and consultation is available in a systematic manner, allowing employees to acquire an understanding of the challenges and future direction of the business. It also provides that employees are kept informed of any decisions which may lead to significant changes in work organisation or terms and conditions of employment.

Companies with at least 150 employees have fallen within the scope of the Act since September 2006. The final stage of the phasing in of the Act will bring companies with at least 50 employees within the scope of the Act from March 2008.

The Minister for Labour Affairs, Tony Killeen, announced the publication of an Explanatory Guide for employers and employees on the implementation of the Act. The Minister stated that the purpose of the Guide is to provide a general explanation of the Act in non-legal language, and set out the provisions in a clear and user-friendly way.

The Explanatory Guide is just one part of a strategy to ensure that employers and employees are aware of, and understand how to implement, the provisions of the Act. The Department of Enterprise, Trade and Employment, ICTU, IBEC and the National Centre for Partnership and Performance, supported by the Workplace Innovation Fund, are working together to assist employers and employees in establishing arrangements as set out in the Act. Also, the Labour Relations Commission and the Social Partners are in the process of developing a Code of Practice for implementing the Act.

Graphite has not seen major activity in the area of information and consultation, and most employers appear to be waiting for employees to request such arrangements. Graphite will be providing detailed information and guidelines on the Employees (Provision of Information and Consultation) Act, 2006, in the coming months as part of the update process for the Personnel Policies and Procedures – The Law in Perspective manual.

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Bullying/Harassment and Constructive Dismissal

In light of the recent launch of the ‘Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work’, in this article we examine two cases involving the mishandling of bullying/harassment complaints which led to claims of constructive dismissal, and subsequent costly awards against the employers. Companies should note the lessons to be learnt from such cases and take steps to avoid such mistakes when handling bullying/harassment complaints in the workplace.

The failure to properly investigate the complaint, and having inadequate procedures in place, are recurring themes in these cases.

Article Location: Login to the Client Zone > Click Dignity at Work-Equality – select article from under Lessons from Case Law.

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Data Protection – Monitoring of staff and CCTV

The Data Protection Commissioner recently published further information on data protection and the use of closed circuit TV cameras (CCTV). The update was particularly addressing the use of CCTV in toilet areas.

In the following article, Graphite outlines the guidance which the Data Protection Commissioner has given with regard to monitoring staff generally, and more specifically, the use of CCTV cameras. Employers should always be aware that the principles of data protection apply in the monitoring of staff.

Article Location: Login to the Client Zone > Click Data Protection – select article from under Practical Steps.

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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.

Question: Our organisation uses the words “Bullying” and “Harassment” interchangeably. Is there a distinction between the two and how can I tell the difference?

Answer:

Yes, there is a real difference between Bullying and Harassment and it is important to make that distinction in your organisation’s policies and procedures. Harassment is defined under the Employment Equality Acts 1998-2004 and is considered to be any unwanted conduct, physical, verbal or otherwise, directed towards a person based on one of the eight grounds, other than gender. For example, an employee is the recipient of unwanted emails and jokes based on his/her race. If the unwanted behaviour is based on gender, it would be considered Sexual Harassment. It is important to note that even one event/instance can constitute Harassment or Sexual Harassment.

The nine grounds in full are: gender, age, race, disability, marital status, family status, sexual orientation, religion, membership of the travelling community.

The definition of Bullying is provided for under the Safety, Health and Welfare at Work Act 2005, and refers to any repeated inappropriate behaviour which could reasonably be regarded as undermining a person’s dignity at work. This behaviour refers to any unwanted conduct motivated by something other than membership of one of the nine grounds. For example, an employee is the recipient of unwanted behaviour based on his position within the organisation.

The distinction between Bullying, Harassment and Sexual Harassment should be made very clear in all policies and all communication with employees so that everyone understands how to identify any unwanted behaviour in the workplace and deal with it through the appropriate channels.

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