Graphite HRM

HR E-ssentials from Graphite HRM - June 2008

Welcome to this month's Ezine on HR and employment law matters. To ensure that your business continues to be compliant, please click on the links below and take time to read the following important updates.

Employment Law Update

Major Development on the Temporary Agency Workers EU Directive

A draft of the Temporary Agency Workers Directive was agreed by the Member State Ministers at the EU Employment and Social Affairs Council on 10th June. The Directive seeks to give temporary agency workers the same pay and conditions of employment as the permanent employees in the user-company where they are placed by the employment agency.

Agreement at EU Level on the next phase of the Working Time Directive

At the same meeting of the EU Employment and Social Affairs Council on 10th June 2008 where the draft of the Temporary Agency Workers Directive was agreed (see above), agreement was also secured on the next Directive to amend our Working Time legislation. While this agreement will have much greater significance for Member States that use the "opt-out" option, such as the UK, once it is drafted into legislation, it will have an impact on Irish companies with a UK presence or those that are high users of on-call facilities.

Lessons from Case Law (for Clients only)

Fair Dismissal Upheld as a Result of Reckless Behaviour

This Employment Appeals Tribunal case involved an employee who lit a fire in a trolley to keep himself warm in a security hut. The case showed that where an employee engages in reckless behaviour, and fair procedures are applied, an employer can hope to safely dismiss the employee and win in a claim of unfair dismissal.

Award of €20,000 for Employee Dismissed after Three Months Service

In this case an employee, with just three months service, took a claim to the Employment Appeals Tribunal for unfair dismissal. He claimed that he was dismissed as a result of his trade union membership. The Unfair Dismissals Acts, 1977-2007 allow an employee with less than 12 months service to take an unfair dismissal case where the dismissal is alleged to have been on the basis of trade union membership or activities (and in other specific circumstances set out in the Act).

Graphite Consultation Queries (for Clients only)

Copyright © 2008 Graphite HRM Ltd. All Rights Reserved

Graphite HRM Ltd, Registered in Ireland at Stephens House, 7/8 Upper Mount Street, Dublin 2 - Reg. No. 260422 Directors: Ron Downey (Chairman) (UK), Simon Mac Rory (CEO), T.J. Byrne (Director)

We trust that HR e-ssentials will be of on-going value to you. Please forward it to anyone else to whom it would be of value, or forward us their e-mail address so we can add it to our circulation list.

We welcome your feedback on any topics of interest. Should you wish not to receive future copies of HR e-ssentials please reply to this e-mail and include the word 'unsubscribe' in the subject line. Don't forget to notify us if you change your contact details, if you move offices or change your e-mail address.

Disclaimer - Graphite HRM Ltd has taken all reasonable care to ensure the accuracy of the information presented both in this electronic magazine and on our website. Graphite HRM Ltd does not make any warranties regarding the accuracy or completeness of the information within or accessible through our website. Graphite HRM Ltd reserves the right at any time to revise, alter or delete the information provided on our electronic magazine and on our website. The material and information contained on this site is for general information only and does not constitute any form of offer for sale, advice or recommendation by Graphite HRM Ltd. You should seek independent legal advice before making any decisions. In no circumstances shall Graphite HRM Ltd be liable to you or any other third parties for any loss or damage arising directly or indirectly from your use of this site or the information on this site.