.....Graphite Nationwide Events

Upcoming Breakfast Seminar
– Recruitment and the Law
• 28th June Dublin – Berkeley Court Hotel
• 29th June Cork – Maryborough House Hotel

Dublin Events
– Implications of Employment Law – June 21st
– Selection Interviewing Skills 2-day Workshop – June 22nd & 23rd

.....Lessons from Employment Law
– Dismissal Arising From Alleged Malicious Complaint of Harassment Constitutes Victimisation
– Rights of Fixed Term Workers to Notification of Vacancies

.....Recruitment
– Recruitment and the Law – The Importance of Recruitment Records

.....Employment Law Updates
– Latest Position on the Health, Safety and Welfare at Work Bill 2004
– Progress report on the Information and Consultation Directive

.....HR News
– Consolidation of Employment Law Promised by Government

..... May's Consultations
– May’s most commonly asked questions

Human Resource Management has become an increasingly regulated profession over the years, particularly with the introduction of complex employment legislation. This is especially true when it comes to recruitment practices, which have become bureaucratic and cumbersome due to the requirements of equality legislation. Indeed, it may appear at times that it is more important to have filed the correct documentation, than it is to select the correct candidate. In advance of Graphite HRM’s upcoming Breakfast Seminar “Recruitment and the Law”, this article considers the importance of keeping records of the recruitment procedure, and the extent of records that must be maintained.

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

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In this article we look at the current position of the Health, Safety and Welfare at Work Bill, 2004, and we also consider the most recent developments as regards the transposition of the Information and Consultation Directive into Irish 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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Re-vamp of Dispute Resolution Services and Modernisation of Legislation

The Department of Enterprise, Trade and Employment has announced a programme of actions that will re-vamp the Dispute Resolution Services available to employers and employees in Ireland. This programme comes in response to the report and recommendations of the Review Group on the Role and Functions of the Employment Rights Bodies. The report recognises that the piecemeal evolution of employment rights legislation has lead to the current system which can be complex and costly, with duplication of functions as well as divergences in procedures and remedies. Since the setting up of the Labour Court almost sixty years ago, structures and systems have evolved in an ad hoc manner to the extent that there are now 7 Bodies and 25 Acts operating in the Employment Rights and Industrial Relations area.

The Government has now agreed to the following programme of action:

• The establishment of an Employment Rights Group (ERG) which will;
  • consider how best to simplify and streamline the complaint, appeal and enforcement procedures and documentation across all the various Employment Rights Bodies,
  • examine the extent to which common procedures and a simplified approach to the conduct of hearings and/or investigations can be adopted across all the bodies, leading to procedural simplification and improved customer service,
  • examine the practicality of setting up a single point of contact for the Labour Court, the Rights Commissioner Service and all other services of the Labour Relations Commission and the Employment Appeals Tribunal, not only for information provision, but also for receipt and distribution of requests for service. The establishment of a Customer Focused Working Group which will address issues in the context of improving the delivery of service by the individual Employment Rights Bodies.
• The Employment Appeals Tribunal (EAT) will continue as a stand-alone body, but one which will have full and part-time members. In addition, all cases which are currently heard in the EAT on a first instance basis will instead be referred to the Rights Commissioner Service of the Labour Relations Commission in the first instance, thus making the EAT an exclusively appellate body.
• A programme of work is to be undertaken by the Department of Enterprise, Trade and Employment, in co-operation with the Office of the Attorney General to simplify, harmonise and consolidate the current body of employment rights legislation.
• Future appointments to the position of Rights Commissioner in the LRC and Chair and Vice-Chairperson in the EAT will be made by way of open competition.

The Department has requested the Employmenty Rights Group to commence its work immediately and expects that the Group will complete its work within 18 months.

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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: We are hiring a number of employees for the summer to provide cover for holiday periods. Is there any specific legislation we need to consider in relation to these employees?

A. There are a number of pieces of legislation related to the employment of persons on fixed-term contracts, part-time contracts, and in relation to the employment of young persons. The main purpose of the relevant legislation is set out below;

The Protection of Employees (Fixed-Term Work) Act, 2003 sets out that fixed-term employees must not be treated less favourably than comparable permanent workers as regards terms and conditions of employment. This means that, generally, summer workers must be provided with an equal benefits package as that offered to permanent employees. The Act also requires the employer to ensure that fixed-term employees are made aware of other vacancies that may arise with the employer during their employment.

The Protection of Employees (Part-Time Work) Act, 2001 sets out that a part-time employee must not be treated less favourably than comparable full-time employees as regards terms and conditions of employment, and that benefits of employment be provided on a pro-rata basis.

The Protection of Employees (Young Persons) Act, 1996 sets out very specific rules about the employment of under 18’s, including minimum rest periods and maximum daily and weekly working hours. The Act also imposes an obligation on employers to seek proof of age of under 18’s, obtain the written consent of the young persons parent or guardian to allow them to work, and maintain detailed records of working hours and pay.

Other legislation that needs to be considered includes the National Minimum Wage Act, 2000, and the Minimum Notice and Terms of Employment Acts, 1973 – 2001 and the Organisation of Working Time Act, 1997.

To read about this legislation see Chapters 1 & 2 (Conditions of Employment & Contracts) in Personnel Policies and Procedures – the law in perspective.

Q: We want to introduce a summer shut-down for a 2-week period in August this year, can we ask our staff to schedule their holidays and thereby use their annual leave entitlement during this period?

A: Yes, this is possible provided you adhere to the provisions laid down in the Organisation of Working Time Act, 1997. The Act provides that where the employer determines the timing of leave, the employer must consider both the needs of the business and the employee’s need to reconcile work and family responsibilities. Introducing a change of this nature may contradict established custom and practice, and if this were the case then the employer would need to enter into consultation on the matter in good time.

Where an employer requires an employee to take a set period of annual leave, for example during a two-week summer shut-down period, the employee must be provided with at least 1 months’ notice before the proposed period of leave. Where this is an on-going requirement from one year to the next it is advisable to outline this requirement in the employee’s contract of employment.

To read about this legislation see Chapters 10 (Holidays) in Personnel Policies and Procedures – the law in perspective.

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