HR Essentials | May 2005/title> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"><style type="text/css"> body { margin: 0; padding: 10px 0px; text-align: center; } #container { width: 620px; background: #FFFFFF; border: 0px solid #000000; text-align: left; margin-left: auto; margin-right: auto; } #sidebar { float: right; width: 150px; background: #ffffff; padding: 0px; border: 0px solid; margin-top:10px; text-align: center; } #main{ width:450px; margin: 0; margin:10px 150px 0 0; padding: 0; text-align: justify; } a:link { color: #71879a; TEXT-DECORATION: none } a:visited { color: #71879a; TEXT-DECORATION: none } a:active { color: #71879a; TEXT-DECORATION: none } a:hover { color: #cc3333; TEXT-DECORATION: none } .articletitle { font: bold 12px Verdana, Arial, Helvetica, sans-serif; color: #526372; text-align: center } .ctitle { font: bold 12px Verdana, Arial, Helvetica, sans-serif; color: #526372; text-align: left } .articletxt { font: 11px Verdana, Arial, Helvetica, sans-serif; color: #526372; line-height: 16px; text-align: justify } .red { font: bold 10px Verdana, Arial, Helvetica, sans-serif; color: #CC3333; padding-bottom: 10px; } .sectiontitle { height: 20px; display: block; background: #006699; color: #ffffff; font: bold 12px Verdana, Arial, Helvetica, sans-serif; text-decoration: none; padding : 3px; } .smalltxt { color: #71879a; font: normal 10px Verdana, Arial, Helvetica, sans-serif; background: url(http://www.graphitehrm.com/images/back_ezine.jpg) no-repeat center bottom; padding-bottom: 10px;} .smalltxtbold { color: #71879a; font: bold 10px Verdana, Arial, Helvetica, sans-serif; } .smallprint { font: normal 10px Verdana, Arial, Helvetica, sans-serif; color: #71879a; } </style> </head> <body bgcolor="#ffffff"> <table width="620" border="0"> <tr> <td height="343" colspan="2" class="header"> <img src="http://www.graphitehrm.com/images/toplogo.gif" alt="Graphite HRM" usemap="#Map" border="0" height="135" width="620"> <map name="Map" id="Map"><area shape="rect" coords="10,35,315,102" href="http://www.graphitehrm.com/index.asp" alt="Graphite HRM"></map> <p class="articletitle">HR e-ssentials - May '05 from Graphite HRM</p> <p class="sectiontitle" style="background: #660066;"> </p> <p class="articletitle">Graphite HRM Ltd. | May '05 <p class="articletitle">Welcome to our May '05 issue of HR e-ssentials, the monthly e-zine from Graphite HRM on developments in people management and labour law practice. We would like to extend a warm welcome to all our recent subscribers.</p></td> </tr> <tr> <td width="450"> <p class="sectiontitle">Contents</p> <p class="articletxt"><strong><a href="#Events"><br> .....Graphite Nationwide Events </a></strong></p> <p class="articletxt"><strong><a href="#Dublin">Dublin Events</a><br> </strong> - How to Manage Dignity and Respect in the Workplace - ½ day Seminar May 24th <br> - How to Manage Discipline and Grievance in the Workplace - ½ day Workshop May 24th <br> - Train The Designated Contact Person - May 25th <br> - Investigators Training Workshop - June 15th & 16th *<br> - Implications of Employment Law - June 21st <br> - Selection Interviewing Skills 2-day Workshop - June 22nd & 23rd <br> <br> * due to demand</p> <p class="articletxt"><strong><a href="#Seminar">Upcoming Breakfast Seminar</a></strong><br> - Recruitment and the Law - June 28th, Dublin & June 29th, Cork </p> <p class="articletxt"><strong><a href="#Lessons">.....Lessons from Employment Law</a></strong><br> - Selection Interviewing - How to Get it Right<br> - Can Both Parents Take Force Majeure Leave on the Same Day?<br> </p> <p class="articletxt"><strong><a href="#HowTo">.....HR How To </a></strong><br> - How to Comply with Fixed Term Workers Legislation</p> <p class="articletxt"><strong><a href="#DataProtection">.....Data Protection </a></strong><br> - Data Protection Commissioner's Annual Report 2004</p> <p class="articletxt"><strong><a href="#Competition">.....HR News</a></strong><br> - O2 Ability Awards 2006</p> <p class="articletxt"><strong><a href="#Hotline">..... Questions from Graphite Clients</a></strong><br> - April's most commonly asked questions.</p> <p class="sectiontitle"><strong><a name="Events"></a>Graphite Events</strong></p> <p align="center" class=articletxt><strong><a name="Dublin"></a>Dublin Events </strong></p> <p align="center" class=articletxt><strong><strong>How to manage Dignity, Discipline & Grievance at Work - Dublin - May 24th</strong></strong> </p> <p align="left" class=articletxt>On May 24th you have the opportunity to attend two half-day workshops in the Berkeley Court Hotel, Dublin. During the morning session find out how to comply with equality and health and safety legislation at our session on "How to manage Dignity and Respect at Work". Then in the afternoon learn "How to manage Grievance and Discipline at Work". Delegates can either choose to attend one of these comprehensive sessions or enjoy both sessions, and lunch, for a special discounted rate.</p> <p align="center" class=articletxt><strong><strong>How to manage Dignity and Respect at Work</strong></strong></p> <p align="left" class=articletxt>This half-day workshop will provide delegates with a clear understanding of what is needed to maintain the dignity of employees within the workplace. This seminar will address the application of employment law at an operational level and will focus on the implications of equality and health and safety legislation for the organisation. It is highly participatory through the use of case studies and group exercises. The workshop is suitable for managers, supervisors, HR personnel and SME owners who will be provided with both the legislative and practical advice on how to manage dignity and respect in the workplace as well as understanding their role in the process. The workshop has been updated to take into account the new Equality Act, 2004. Each delegate will receive comprehensive materials including sample policies and procedures which can be implemented immediately in your organisation.</p> <p align="center" class=articletxt><strong><strong>How to manage Discipline & Grievance at Work</strong></strong></p> <p align="left" class=articletxt>This half-day workshop provides managers, supervisors, HR personnel and SME owners with a practical understanding of how to effectively implement discipline and grievance procedures in the workplace. The workshop looks at the legislative requirements in these areas, reflects on lessons from case law, and focuses on the practical application of policies and procedures. It places an emphasis on understanding the procedural requirements, as well as giving delegates the practical skills to manage performance and conduct meetings relating to discipline and grievance. Comprehensive materials will be provided along with sample disciplinary and grievance policies and procedures.<br> </p> <p align="center" class=articletxt><strong><strong>Train the Designated Contact Person - 25th May</strong></strong></p> <p align="left" class=articletxt>Graphite HRM presents <strong><strong>Train the Designated Contact Person</strong></strong>, a new innovative 1-day workshop which aims to provide delegates with the knowledge and expertise in how to handle queries and/or support individuals who feel they are being harassed, sexually harassed or bullied at work. This workshop is specifically provided for persons, designated under their organizations policy, to be a "Contact Person", this includes members of the HR team, supervisors, team leaders or managers. The workshop provides an outline of the legal implications, an overview of the complaints procedure and the investigation process. It will provide the "Contact Person" with the confidence to conduct their role and support/advise employees in an impartial manner. The workshop has been updated to take into account the new Equality Act, 2004.<br> <br> The workshop will be held in The Berkeley Court Hotel, Dublin 4 on May 25th. Registration and Tea/Coffee will be from 8.45am and the workshop will be from 9.00am - 5.00pm.</p> <p align="center" class=articletxt><strong><strong>Implications of Employment Law - June 21st</strong></strong></p> <p align="left" class=articletxt>This one-day workshop aims to inform delegates on the application of employment law, and addresses the ways in which the law impacts on people management practice. The workshop covers such areas as the contract of employment, the organisation of working time, leave of absence, equality legislation, and discipline and grievance procedures. The workshop addresses recently introduced legislation including the Data Protection Act, 2003 and the Protection of Employees (Fixed-Term Work) Act, 2003, the Maternity Protection (Amendment) Act, 2004 and the Equality Act 2004. Participants on the workshop will be provided with an overview of employment law, and will understand their role in upholding the relevant legislation. <br> <br> The workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin 4 on 21st June. </p> <p align="center" class=articletxt><strong><strong>Selection Interviewing Skills Workshop - June 22nd & 23rd</strong></strong></p> <p align="left" class=articletxt>This 2-day workshop aims to equip delegates with the necessary skills and information for conducting effective selection interviews. The workshop places interviewing in the context of the complete recruitment process and will equip interviewers the necessary skills to successfully evaluate candidates at all levels.</p> <p align="left" class=articletxt>This workshop will be run in the Berkeley Court Hotel in Ballsbridge, Dublin 4 on June 22nd and 23rd 2005.</p> <p align="center" class=articletxt><strong><strong>Investigators Training Workshop-Dublin-June</strong></strong></p> <p align="left" class=articletxt>This two-day workshop aims to provide delegates with 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.<br> <br> The two-day workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin 4 in June. <br> </p> <p align="left" class=articletxt style="text-align:left"> <strong><strong>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:<a href="mailto:fran.graydon@graphitehrm.com">fran.graydon@graphitehrm.com</a><br> </strong></strong></p> <p align="center" class=articletxt><strong><a name="Seminar"></a><strong>Breakfast Seminar - Recruitment and the Law<br> Dublin 28th June & Cork 29th June</strong></strong></p> <p align="left" class=articletxt>Graphite HRM's next Breakfast Seminar will take place in June on Tuesday 28th (Dublin) and Wednesday 29th (Cork) 2005. The theme will be on Recruitment Practices and The Law, and this seminar aims to provide a comprehensive overview of the implications of both The Employment Equality Acts 1998 and 2004, and also the Data Protection Acts 1988 and 2003 on an organisation's practices in this regard. Changes to recruitment practices have been triggered by these pieces of legislation which were both amended recently. Cases before both the Data Commissioner and the Equality Tribunal are exposing the fact that many employers are approaching this area in a haphazard manner, leaving their organisations exposed to litigation and high legal costs. </p> <p align="left" class=articletxt>Content, venues and registration details for these seminars will be sent out in the near future. To register your interest, please contact Graphite HRM on 01-6627099.<br> </p> <p class="sectiontitle"><strong><a name="Lessons"></a>Lessons from Employment Law</strong></p> <div align="center"> <p class="articletxt"align="center" ><strong>Selection Interviewing - How to Get it Right</strong></p> <p class="articletxt"align="left">Three male employees of a state agency took a case against their employer under the Employment Equality Act, 1998, alleging that they were discriminated against on the grounds of gender when they failed to get promoted to full-time positions. We describe the case and the objectively justified recruitment process which served to protect the employer from such allegations. This case is useful in providing guidance to HR Practitioners and business owners as regards how to successfully protect their organisation from unfounded allegations of discrimination in the recruitment process.</p> <p class="articletxt" align="left">To read the full summary, login to the HR Information Client Zone on our website at <a href="http://www.graphitehrm.com/index.asp">www.graphitehrm.com</a> and look under Lessons from Employment Case Law - Equality.</p> <p class="articletxt" align="center"><strong><strong>Can Both Parents Take Force Majeure Leave on the Same Day?</strong></strong></p> <p class="articletxt" align="left"> An interesting case came before the Employment Appeals Tribunal by way of an appeal of a Rights Commissioners decision during March 2005. The case concerned a situation where both parents of a child applied for Force Majeure leave in respect of their child on the same day. The employer only granted leave to one parent, on the basis that the requirement for the second parent could not have satisfied the criteria required under the legislation. This case answers the question as to whether two individuals may avail of force majeure leave for the same illness or injury to their relative. </p> <p class="articletxt" align="left">To read the full summary, login to the HR Information Client Zone on our website at <a href="http://www.graphitehrm.com/index.asp">www.graphitehrm.com </a>and look under Lessons from Employment Case Law - Force Majeure.</p> </div> <p class="sectiontitle"><strong><a name="HowTo" id="HowTo"></a>HR How To</strong></p> <p class="articletitle"><strong>HR How To - How To Comply with Fixed Term Workers Legislation</strong></p> <p class="articletxt">The Protection of Employees (Fixed Term Work) Act, 2003 has been effective since July 14th, 2003. It has two core purposes; To provide equal treatment to fixed term workers as regards terms and conditions of employment, and to remove discrimination and establish a framework which prevents the misuse of successive fixed term contracts. The legislation has been in place for some time now, however case law has only begun to develop in the area. In this article, we consider the major areas of the employment relationship and the impact that this legislation has on current practices.</p> <p class="articletxt">To read the article in full, login to the HR Information Client Zone on our website at <a href="http://www.graphitehrm.com/index.asp">www.graphitehrm.com</a> and look under HR How To.<br> </p> <p class="sectiontitle"><strong><a name="DataProtection" id="DataProtection"></a>Data Protection </strong></p> <p class=articletxt> <strong>Data Protection Commissioner's Annual Report 2004</strong></p> <p class="articletxt" align="left" >The Data Protection Commissioner's Annual Report 2004 contains some interesting decisions as regards employment related situations, and provides a valuable guide for employers on the comprehensive legislation it deals with. The case studies presented in this article deal with questions relating to access to medical reports and investigation documentation, recommended procedures with regard to reference checking, and unauthorised disclosure of personal data by a recruitment agency. </p> <p class="articletxt" style="text-align:left">To read the article in full, log in to the Client Zone of <a href="http://www.graphitehrm.com/index.asp">www.graphitehrm.com</a> and look under Data Protection.</p> <p class="sectiontitle"><strong><a name="Competition" id="Competition"></a>HR News O2 Ability Awards 2006 </strong></p> <p class=articletxt> <strong>O2 Ability Awards 2006.the competition is now open</strong></p> <p class="articletxt"> Once again entries are open for the prestigious O2 Ability Awards 2006 programme as the Taoiseach Mr. Bertie Ahern TD joined with some of Ireland's leading business people to encourage all Irish businesses - large and small - to get involved. One of the most successful business awards programmes last year, the O2 Ability Awards recognise business excellence and best practice in the employment of people with disabilities. <p class="articletxt"> As in the previous year, the programme will involve an assessment and education process ultimately leading to a number of awards for general and specific areas of best practice. Out of these, up to 50 organisations can receive an O2 Ability Award, six will receive category awards including a new award for Retention and Well Being and two organisations will be named overall winners - one for the private sector and one for the non-private sector. The deadline for applications is Thursday 30th June 2005 and this year can be made online at www.theabilityawards.com. <p class="articletxt"> According to Caroline Casey, founder of the awards programme, "These Awards are about recognising organisations who understand that diversity is good for business. The Awards aim to promote examples that others can follow and give organisations an environment to learn and improve. They are primarily business Awards where we recognise organisations that strategically endeavour to make equality part of their overall success."</p> <p class="sectiontitle"><strong><a name="Hotline"></a>Graphite Clients - April's most frequently asked questions </strong></p> <p class=articletxt> <font color="#000000" size="2" face=Arial><span class=articletitle>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 our client consultation service. </span></font></p> <p class=articletitle>Q: An employee has requested access to their personnel file, do I have to give them access and what is the procedure for this?</p> <p class="articletxt"><strong>A.</strong> Under Data Protection Act 2003, an individual who wish to access their personal data relating to them held by their employer have the right to access information held on both computer and manually. As a result, an employer should have a policy in place to inform their employees what information is kept and how a request for access to the information is handled.</p> <p class="articletxt">Where a request is received, best practice would indicate that a copy of the file should be presented to the employee, rather than a summary of its content. Whilst data protection legislation requires that records must be provided within 40 days of the request, in practice many employers have introduced policies which state that requests for access to personnel files must be made 48 hours in advance. </p> <p class="articletxt"><em>To read more about Data Protection legislation see Chapter 3, Data Protection in Personnel Policies and Procedures - the law in perspective.</em></p> <p class="articletxt"><strong>Q: What process should I follow if I need to make changes to an employee's contract of employment?</strong></p> <p><strong> A:</strong> Whenever an amendment is made or arises in any part of an employee contract of employment issued by the employer, the employer must notify the employee, in writing, of the nature and date of the change as soon as possible but not later than 1 month after the change takes place. For example if there is a salary increase, change in job title or nature of the contract. </p> <p class="articletxt">However, an employer cannot fundamentally alter the terms and conditions of employment offered to an employee, without the consent of the employee, for example reducing remuneration or increasing the employees hours of work, but may make these changes if obliged to do so pursuant to a statutory or legal requirement.</p> <p class="articletxt"><em>To read more about Contracts, see Chapter 2, Contracts, in Personnel Policies and Procedures - the law in perspective.</em></p> <p align="center" class=articletitle><strong> *******Order a free 7-day evaluation copy of Personnel Policies and Procedures - The Law in Perspective our leading employment law manual by emailing <em><a href="mailto:sales@graphitehrm.com">sales@graphitehrm.com</a></em> or phoning Elaine Peters on (01) 6627099********<br> </strong> </p> <td width="170" valign="top"> <p bgcolor=#ffe3cf class="smalltxtbold"><font color="#FF6600">HR E-ssentials Ezine</font></p> <p class=smalltxt bgcolor=#ffffff><strong>Stay tuned and subscribe to our monthly ezine - it's free!</strong></br> To subscribe please enter your email address in the field provided in the left side of this page or use the <a href="http://www.graphitehrm.com/contactus/contact-us.asp">contact us page</a>.</p> <p bgcolor=#ffe3cf class="smalltxtbold"><font color="#FF6600"> Graphite Events</font></p> <p class=smalltxt bgcolor=#ffffff><strong>To make an enquiry, or to book a place on any of Graphite HRM's workshops please contact Elaine Peters on 01-6627099 or email <a href="mailto:fran.graydon@graphitehrm.com">fran.graydon@graphitehrm.com</a> or for <a href="http://www.graphitehrm.com/events/calendar.asp" target="_top">online bookings click here.</a></strong> </p> <p bgcolor=#ffe3cf class="smalltxtbold"><font color="#FF6600">Free 7-day Evaluation</font></p> <p class=smalltxt bgcolor=#ffffff> <strong>Order a free 7-day evaluation copy of Personnel Policies and Procedures - The Law in Perspective our leading employment law manual by emailing <a href="mailto:sales@graphitehrm.com">sales@graphitehrm.com</a> or phoning Elaine Peters on (01) 6627099</strong> </p></td> </tr> <tr> <td colspan="2"><TABLE cellspacing=0 cellpadding=0 width=620 align=center border=0> <TBODY> <TR> <td width="100%" > <p class="smallprint"> Copyright © 2005 Graphite HRM Ltd. All Rights Reserved </p> <p class="smallprint"> Graphite HRM Ltd, Stephen's House, 7/8 Upper Mount Street, Dublin 2. Tel. 353-1-6627099 <br> Email: <a href="mailto:hrinfo@graphitehrm.com">hrinfo@graphitehrm.com</a></p> <p class="smallprint"> <FONT color="#FF6600"> <strong>Legal Editors</strong></font> - Since September 2001, the Employment and Equality Law Group of Matheson Ormsby Prentice (MOP), one of Ireland's leading law firms, have been providing legal editing for Personnel Policies and Procedures - The Law in Perspective. The EEL Group of MOP specialises in advising clients on all aspects of the employment relationship. For further advice on MOP's services contact Paul Glenfield, Partner and Head of the MOP EEL Group on (01) 6199000 or email: <a href="mailto:paul.glenfield@mop.ie">paul.glenfield@mop.ie</a> <p class="smallprint"> 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.<br> 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. <br> HR e-ssentials is a service provided by HR Information Services, Graphite HRM Ltd.</p> <p class="smallprint"><FONT color="#FF6600"> <strong>Disclaimer</strong></font> - 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. 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