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| Graphite
Launches New Programme of Events
Graphite
is please to announce our new Public
Workshop Programme for Autumn/Winter
2005. This includes a number of
new innovative programmes on topics
ranging from diversity management
to discipline, as well as new look
revamped workshops on employment
law, selection interviewing and
performance management.
All
our workshops provide clients with
an excellent opportunity to be continuously
up to date with changes in employment
law and HR practice, and build knowledge
and skills to address day to day
people management issues.
Full
details and bookings are available
on our website, www.graphitehrm.com.
All workshops are also available
on an in-house basis.
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Upcoming Events
Investigators
Training Workshop
17th & 18th August,
Dublin
This 2 day workshop provides 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 17th & 18th August.
Managing Dignity and Diversity
in the Workplace
13th September, Dublin
In today’s workforce, managing both
dignity and diversity are critical
skills to ensure people of differing
backgrounds, experience and self-identification
work effectively together to deliver
performance. This 1-day workshop
provides managers and HR professionals
with a clear understanding of what
is needed for effective policy,
procedures and strategies to maintain
dignity and respect and maximise
the value of diversity within the
workplace.
Train
the Designated Contact Person
14th September, Dublin
This 1 day workshop provides delegates
with the knowledge and expertise
in how to handle queries and/or
support individuals who feel they
may have been harassed, sexually
harassed or bullied at work. It
is specifically targeted at persons
who are designated a “Contact Person”
under their organisation’s dignity
policy, e.g. members of the HR team,
supervisors, team leaders, managers,
nominated staff. The workshop will
provide the “Contact Person” with
the confidence to conduct their
role and support/advise employees
in an impartial manner.
Performance
Management: Goal Setting and Reviewing
20th September, Dublin
This one-day workshop provides
participants with the knowledge,
skills, and techniques to both establish
clearly defined goals and to effectively
review performance. This is a practical
workshop during which managers will
understand the success factors in
managing performance, practice writing
goals and emerge with goals set
for their employee/s.
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
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| Lessons
from Employment Law |
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Employee
Right to Consultation in a Collective
Redundancy Situation
An appeal of a
Rights Commissioners decision,
which came before the Employment
Appeals Tribunal last month, highlights
the requirement for an employer
to engage in meaningful consultation
regarding any proposed collective
redundancy situation arising in
the workplace. The claim, which
involved over 40 claimants, was
pursued under the Protection of
Employment Act, 1977 and the European
Communities (Protection of Employment)
Regulations, 2000. The Rights
Commissioner had initially upheld
the claim, and the employer appealed
it to the Tribunal. It is important
to note that this appeal did not
concern the actual redundancy
as such, but the failure of the
employer to enter into consultation
with employee representatives
regarding the proposed redundancies.
The determination is interesting,
as the Tribunal ruled that the
employer should have entered into
consultation with employee representatives
on the number of redundancies
occurring, any measures that may
be taken to reduce the number
of redundancies, and any measures
that could have been taken to
reduce the impact that any redundancies
would have on employees. Failure
to do so resulted in a significant
fine for the employer.
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 - Redundancy
Record
Fine for Multiple Breaches of
Protection of Young Persons Legislation
A timely reminder
was sent to employers by Dublin
District Court that breaches of
the Protection of Young Persons
(Employment) Act, 1996 are unacceptable
and “disgraceful”. A record fine
of €66,500 was imposed on the
employer who pleaded guilty to
35 counts of allowing 12 people
aged under-18 to work late at
night. The Judge in the case told
the defendant that such breaches
constitute “child exploitation”.
The defendant, who operates a
licensed premises, was told that
his employment practices deemed
him unfit to operate in the bar
trade, and the Judge directed
gardai to object to the renewal
of the publican’s licence later
this year.
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 – Young Persons
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Employee
Engagement – Measurable, Tangible
or Symptomatic Condition?
In this article
we consider the concept of employee
engagement, and look at what can
an organisation do to support
employee motivation and engagement.
The article describes the concept
then looks at the conditions that
need to exist in an organisation
to lead to motivation and engagement.
This is an area that leaders and
managers can control, by creating
conditions in which people can
become motivated and engaged.
To read the article
in full, login to the HR Information
Client Zone on our website at
www.graphitehrm.com
and look under Performance Management.
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Update
3.3 – Personnel Policies and Procedures
The release of the
next update to Personnel Policies
and Procedures – the Law in Perspective,
is due out at the end of July. As
no new piece of legislation was
brought into effect in recent months,
we have focussed our attention on
upgrading Chapter 13 - Recruitment.
This has been completely revamped
in line with changes to equality
legislation and best practice emerging
from case law. The new chapter will
include tools to support compliance
across the whole selection and interviewing
process.
This update is the first one on
which we have had the pleasure of
working closely with Ronan Daly
Jermyn on the legal editing.
Since signing off the update for
printing, the new Safety, Health
and Welfare at Work Act 2005 has
been passed by the Dail. The main
body of this will come into effect
from 1 September, and it will form
the basis of our next update to
Personnel Policies and Procedures
– the Law in Perspective. In the
meantime, the article referenced
below is available on our website
to bring you up to date with the
main content on the Act.
To ensure that your organisation
receives Update 3.3 of Personnel
Policies and Procedures – the Law
in Perspective, please ensure
that we have your correct contact
details, and that your account with
Graphite HRM is fully paid up-to-date
by contacting accounts@graphitehrm.com
or call John Carmody on 01-6381409.
Safety,
Health and Welfare at Work Act 2005
Effective 1st September
Minister of State
Tony Killeen, T.D. announced on
Friday 1st July 2005 that the Safety,
Health and Welfare at Work Act 2005
will become effective from 1st September
2005. The Act is a major piece of
new legislation in the area of safety
and health in the workplace. It
replaces the 1989 Act, which established
the Health and Safety Authority
(HSA). In this article we provide
an overview of the main sections
of this new legislation.
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.
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| Workplace
Investigations : An Overview
In this article we look at the
difficult area of workplace investigations,
and in particular investigations
concerning allegations of workplace
bullying or harassment. The aim
of this article is to consider some
of the issues that arise throughout
the investigatory process, whether
it is related to the appointment
of an investigator, addressing the
issue of confidentiality of the
process or what the structure of
an investigation report would look
like. Case law has demonstrated
that the investigation is where
many employers make mistakes in
dealing with allegations of harassment
or bullying, therefore this article
is essential reading to any person
responsible for handling complaints
or undertaking an investigation.
To read the article in full, login
to the HR Information Client Zone
on our website at www.graphitehrm.com
and look under Dignity at Work.
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| Graphite
Consultation Service – June’s most
frequently asked questions |
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| Graphite
HRM is moving away from the HR Hotline
Premium Rate Service and will now
offer a consultation service which
is provided as part of the annual
licensing arrangement. As part of
our regular monthly review in HR
e-ssentials Graphite HRM will now
provide you with an insight into
the type of queries we get through
our client consultation service.
Q: An employee recently
returned from annual leave and has
requested that his absence be treated
as sick leave, as he was ill during
his holiday. Does an employee have
a right to have their leave treated
in such a manner?
A. The Organisation of Working
Time Act, 1997, provides that where
an employee is ill on a day which
had been scheduled as annual leave,
and can furnishes to his or her
employer a certificate from a registered
medical practitioner in respect
of his or her illness, that day
may not be regarded as a day of
statutory annual leave. Therefore,
in the above situation, the day
should be treated as sick leave,
provided that the employee can provide
evidence, from a registered medical
practitioner, of his illness. It
is important that employees are
made aware in advance of the need
for a medical certificate to claim
annual leave as sick leave, and
what notification procedures are
in place.
To read about this legislation
see Chapter 1, Conditions of Employment
in Personnel Policies and Procedures
– the law in perspective.
Q: A part-time employee
recently claimed that he was entitled
to be paid overtime having worked
his normal working hours as stated
in his contract. However, it is
our practice not to pay any enhanced
rate of overtime until a part-time
employee has completed the hours
of full-time employees. Are we correct
in continuing this practice?
A: The Labour Court has clearly
confirmed that it is acceptable
to require a part-time employee
to work the same hours as a comparable
full-time employee before he/she
has an entitlement to be paid an
enhanced overtime rate. Normal flat
pay rates are payable for the period
before the enhanced overtime rate
would kick in. This situation has
developed from a European Court
of Justice ruling. Graphite advise
that contracts and overtime policies
clarify this point for employees.
To read about the Protection of
Employees (Part-time Work) Act,
2001, see Chapter 2, Contracts 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.
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*******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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Order
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Policies and
Procedures
- The Law
in Perspective
our leading
employment
law manual
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sales@graphitehrm.com
or phoning
Elaine Peters
on (01) 6627099 |
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