In this edition we have an article advising employers what is required if dismissing an employee who has less than 12 months service. We have also included a comprehensive review of the new 'Code of Practice for Protecting Persons Employed in Other People's Homes'.

Other items in the ezine include an update on the new Redundancy Legislation, information on a new campaign lauched by the National Centre for Partnership and Performance, and, in recognition of the holiday season coming upon us, advice for employers on calculating annual leave entitlements. We have also included further information on our upcoming Breakfast Seminar.

Contents

Graphite Breakfast Seminar

"The Changing Face of Irish Employment Law-
What does the future hold?"

Breakfast Seminar
Clarion Hotel, IFSC, Dublin 1
28^th June 2007

Graphite Workshops

• Investigator Training, two day workshop, 19^th and 20^th June 2007.
• How to deal with a Bullying/Harassment Complaint, half day workshop, 10^th July 2007.
• Implications of Employment Law, one day workshop, 17^th July 2007 (CORK).
• Developing an Employee Handbook, one day workshop, 19^th July 2007 (CORK).
• Implications of Employment Law, one day workshop, 16^th August 2007.
• Investigator Training, two day workshop, 22^nd and 23^rd August 2007.
• Selection Interviewing Skills, one day workshop, 28^th August 2007.

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

Employment Law Update

• Enactment of New Redundancy Legislation
• Minister launches Code of Practice for Protecting Persons who are Employed in Other People's Homes

HR News

• New Campaign Urges Greater Levels of Change and Innovation in Irish Workplaces

Practical Steps

• Overview of New Code of Practice for Protecting Persons who are Employed in Other People's Homes
• Dismissing Employees who have Less than 12 Months Service

Graphite Consultation Queries

• How do I calculate Annual Leave to ensure all of my employees are receiving their proper statutory entitlement?

Graphite Breakfast Seminar

"The Changing Face of Irish Employment Law-
What does the future hold?"

Breakfast Seminar
Clarion Hotel, IFSC, Dublin 1
28^th June 2007

On 28^th June 2007, Graphite HRM will host a unique event, bringing together the academic and the practical to examine recent and imminent changes to Employment Law in Ireland. The Seminar will take a 360 degree view of the subject, beginning with an examination of the future of Irish Employment Law and how we, as a nation, can instill and maintain a sense of fairness for both the employer and the employee, whilst maintaining growth and productivity.

The session will then follow through to look at the practical implications of recent developments from experts in the field. This includes a guide to the new Code of Practice on the Prevention and Resolution of Bullying in the Workplace from its author, the Health and Safety Authority. The Seminar will also highlight the major implications of important upcoming developments in Employment Law to allow Employers and H.R. Managers to properly plan and position their organisation for 2008 and beyond.

Speakers include:
Professor Ferdinand von Prondzynski, President of Dublin City University
Keynote Address: "What kind of Employment Law will best promote a successful and fair Ireland?"

Patricia Murray, Organisational Psychologist, Health and Safety Authority
"The Practical Implications of the new Code of Practice on Bullying in the Workplace"

Anne O'Callaghan, Head of HR Compliance, Graphite HRM
"Upcoming changes in Irish Employment Law that all people managers should know"

Registration and Breakfast begin at 7.15am, with the first Speaker starting at 8.00am (sharp). The Seminar closes at 10.00am. To secure a place, please contact Fran directly on 01-662 7099 or at fran.graydon@graphitehrm.com.

Employment Law Update

Enactment of New Redundancy Legislation

On 8^th May 2007, the Protection of Employment (Exceptional Collective Redundancies & Related Matters) Act 2007 was signed into law. This law is a culmination of agreements made by the social partners during the negotiation of Towards 2016 to legislate more closely for events involving exceptional collective redundancies. In essence, this legislation has the following important effects:

• Removal of the upper age limit (66) for receipt of statutory redundancy payments;
• Establishment of a Redundancy Panel;
• Time Limits and Fines for Employers in the event of a collective redundancy.

Details of this legislation, and its practical effects on employers in Ireland, will be discussed as part of the agenda at Graphite HRM's Breakfast Seminar on 28th June in Clarion Hotel, IFSC, Dublin.

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Employment Law Update

Minister launches Code of Practice for Protecting Persons who are Employed in Other People's Homes

The Minister for Labour Affairs, Mr. Tony Killeen, launched a 'Code of Practice for Protecting Persons Employed in Other People's Homes' on 18^th May 2007. At the launch, the Minister emphasised the need to be vigilant to eliminate exploitation of employees, especially those in vulnerable positions. In order to ensure that workers are not exploited, employers and employees must be made aware of their entitlements. The Minister stated that this Code was crucial in achieving such awareness and understanding.

The Code was developed as a result of the Social Partnership Agreement 'Towards 2016'. The Social Partners agreed that special provisions should be put in place to reinforce the employment rights of those who are employed in other people's homes. The Labour Relations Commission (LRC) was asked to develop the Code, which it did, in conjunction with ICTU and IBEC. The Minister praised the relevance of the Code, and its effectiveness in providing 'a comprehensive framework for an agreed understanding of rights and responsibilities for the protection of those who can, potentially, be very vulnerable workers'.

The Minister stated that he is asking the new National Employment Rights Authority (NERA) to include the Code in its arrangements for increasing the visibility of the employment rights of workers. The Minister said that he would also ensure that the Code is available to employees who work in other people's homes who may also have contact with the Employment Permits Section of the Department of Enterprise, Trade and Employment. The Minister plans to include a provision in the Employment Rights Compliance Bill, which will enable NERA to submit an application to the District Court for a warrant to enter and carry out an inspection in a private dwelling if the owner refuses permission.

These steps highlight the integrated approach that the Department of Enterprise, Trade and Employment is adopting to persuade employers to take their obligations under employment legislation seriously, and to operate in compliance with the law.

A copy of the Code is available on the Department of Enterprise, Trade and Employment website (www.entemp.ie).

For more information on the Code, please refer to the article below.

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HR News

New Campaign Urges Greater Levels of Change and Innovation in Irish Workplaces

Transforming Irish workplaces into high-performing, high-quality places of work is the focus of a new Government public awareness campaign launched on 11^th of Junewhich will feature television, radio, outdoor and internet advertising.

The campaign's primary target is Ireland's 2 million-strong workforce. It aims to encourage employers, managers, employees and trade unions to be more open to the benefits of partnership and innovation in the workplace, regardless of size or sector.

The key message is that the 'status quo' in Irish workplaces is no longer a viable option if Ireland is to sustain competitiveness and improve the quality of working life for all.

Based on the theme of being 'OPEN' to new ideas in the workplace and new ways of working, the advertisements are designed to encourage individual employers and employees to consider how they can make their own places of work more innovative through partnership, for the benefit of all concerned.

The campaign, in support of the National Workplace Strategy, is being overseen by the National Centre for Partnership and Performance. The National Workplace Strategy is the Government's blueprint to transform Irish workplaces into 'Workplaces of the Future', based on the principle that the levels of innovation and change within our workplaces are critical to Ireland's transition to a more dynamic, knowledge-based economy.

It focuses on stimulating workplace change and innovation, and recognises the critical role that partnership can play in this process. The key message of the National Workplace Strategy is that the quality of Irish workplaces - and the levels of innovation and change in them - are critical to Ireland's ongoing transition to a more dynamic, highly skilled and knowledge-based economy. Building commitment to workplace change and innovation is as relevant to the public sector as it is to the private sector. There is no size threshold for harnessing the potential benefits of improving levels of workplace innovation, since it can deliver real gains for small organisations as well as larger ones.

By involving everyone with an interest in the workplace and focusing increased attention and resources on managing workplace change and innovation, Ireland can gain an important advantage in terms of international competitiveness. Improving organisational performance across all sectors of the economy will not only sustain and increase competitiveness but will also support the wellbeing of workers generally.

The National Workplace Strategy has identified five strategic priority areas in which action is currently being concentrated:

• Commitment to Workplace Innovation
• Capacity for Change
• Developing Future Skills
• Access to Opportunities
• Quality of Working Life

Spanning these themes, 42 recommendations for action are currently being implemented under the guidance of the High-Level Implementation Group.

Examples of workplace attitudes and practices that have been targeted include:

Leadership and capacity for change

The capability of managers, employers and trade unions to proactively champion and manage change needs to be built upon.

Up-skilling and workplace learning

In order to maintain competitiveness across all sectors and enhance workers' employability, barriers to work-related learning and training must be removed. This is especially true in the case of workers in lower-skilled jobs and those with narrow skill sets in vulnerable areas of the economy.

Promoting diversity and work-life balance

For the benefit of businesses and employees alike, diversity and worklife balance need to be promoted as an integral part of every organisation's culture and management.

Practical approaches to partnership and employee involvement

Workplace partnership and employee involvement need to be acknowledged and recognised as the best mechanism for tackling the challenges facing workplaces.

Achieving the goals set out in the National Workplace Strategy will make a major contribution to competitive enterprise, high-quality public services, access to employment opportunities and a good quality of working life for all.

Speaking at the launch, Lucy Fallon-Byrne, Director, National Centre for Partnership and Performance, said:

"This campaign is about changing mind-sets in our workplaces. It's about persuading employers and employees to be more open to the benefits of change and innovation. That means dispensing with traditional approaches to the way our workplaces are organised and rethinking everything from communication and consultation right through to workplace learning, equality and diversity."

She continued:

"There is compelling evidence that companies and organisations with high levels of employee involvement and participation are far more likely to enjoy greater levels of productivity, profitability and a better quality of working life for all. We want to encourage individual employers and employees to consider the very real benefits that can accrue from a more collaborative, partnership-based approach to work organisation and working practices."

A comprehensive 'Fact Pack' has also been compiled to explain the content and context of the National Workplace Strategy and its key themes. It will be distributed to workplaces around the country, in collaboration with the Social Partners - the Irish Business and Employers Confederation (IBEC), Construction Industry Confederation (CIF) and Irish Congress of Trade Unions (ICTU).

The Fact Pack is also be available for download on the Strategy's new website http://www.workplacestrategy.ie

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Practical Steps

Overview of New Code of Practice for Protecting Persons who are Employed in Other People's Homes

In this article we review the new 'Code of Practice for Protecting Persons who are Employed in Other People's Homes'. This Code aims to raise awareness and understanding of employment rights where the employment requires a person to work in another person's home. In these situations, the owner of the home may not realise that they are classed as an employer, and the employee may not be aware that they are covered by employment legislation. The Code sets out key employment rights, and outlines provisions that have particular relevance to these employees.

Article Location: Login to the Client Zone > Click 'Recruitment' - select article from under 'Practical Steps'.

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Practical Steps

Dismissing Employees who have Less than 12 Months Service

A very common query among employers relates to the dismissal of employees before they have reached 12 months service. Employers are often unsure what steps they should take before they dismiss such an employee, and they wonder what, if any, legislation applies to such a dismissal. This article outlines the avenues of redress for employees in such circumstances, and gives some examples of cases which have been taken. It also advises employers how best to handle such a dismissal and to avoid legal exposure.

Article Location: Login to the Client Zone > Click 'Termination of Employment' - select article under 'Practical Steps'.

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Graphite Consultation Queries

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: How do I calculate Annual Leave to ensure all of my employees are receiving their proper statutory entitlement?

Answer: There are many myths and mistakes surrounding the calculation of Annual Leave in Ireland. However, the rules governing Statutory Annual Leave, as provided for in the Organisation of Working Time Act, 1997, are relatively clear.

If an employee works more than 1,365 hours in an annual leave year, s/he is entitled to 4 of their working weeks in annual leave. For example, if the person works a 5 day week, they are entitled to 20 days leave. If the person work a 4 day week, they are entitled to 16 days leave.

Where an employee works less than 1,365 hours in a year, they are entitled to 8% of all the hours they physically work, or 1/3 of a working month for every 117 hours worked. The calculation to be used should be the one that gives the greater entitlement to the employee, which in most cases will be the "8% rule". Either calculation is capped at a maximum of 4 working weeks to ensure all employees are treated fairly and equally.

Situations where an employer might use the second method include 1) For a part-time employee who works less than 1,365 hours in a year; 2) An employee whose absence in a given year means they have not worked more than 1,365 hours; 3) Where an employee joins the organisation later in the year and does not work 1,365 hours or 4) Where an employee leaves the organisation before they have worked 1,365 hours in that year.

Please note that when calculating total number of hours worked, include time spent physically working and on protective leave e.g. Annual Leave, Maternity Leave, Parental Leave etc, but not sick leave or other non-statutory forms of leave.

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Graphite Workshops

Investigator Training,
two day workshop,
19^th and 20^th
June 2007

Bullying and Harassment,
half day workshop,
10^th July 2007

Implications of Employment Law,
one day workshop,
17^th July 2007 (CORK)

Developing an Employee Handbook,
one day workshop,
19^th July 2007 (CORK)

Implications of Employment Law,
one day workshop,
16^th August 2007

Investigator Training
two day workshop,
22^nd and 23^rd
August 2007

Selection Interviewing Skills
one day workshop,
28^th August 2007

To make an enquiry,
or to book a place
on any of Graphite
HRM's workshops
click here to go to
www.graphitehrm.com
or email
fran.graydon@
graphitehrm.com

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(01) 6627099

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