Graphite HRM is pleased to launch the newly redesigned graphitehrm.com website

Graphitehrm.com provides regularly updated information, articles on currently relevant issues in the HR field and access to the Personnel Policies and Procedures publication in our client area. The client area has a modified login procedure which is designed to make the login and logout process easier to manage. Also, available to everyone is information on our wide range of products and services and our upcoming seminars and workshops.

During the redevelopment of our website we looked to reflect your feedback in the new design and I think we have gone a long way to improving your experience on graphitehrm.com, but as always we would welcome you to click through to our Contact Us page on graphitehrm.com and send us your comments on the new site.

Graphite Events

Graphite’s Winter Seminar – 13th December 2005
Leave Entitlements: the up-to-date answers to managing Leave

Dublin Workshops
– Implications of Employment Law - 1st December
– Train the Designated Contact Person – 19th January 2006
– Managing Dignity and Diversity in the Workplace – 24th January 2006
– Investigator Training 25th – 26th January 2006

Cork Workshops
– Managing Discipline and Grievance – 8th December

New Legislation
– Adoptive Leave Act 2005 came into force on November 2nd 2005

Leave Entitlements for Parents
– A comparison with Sweden

Health and Safety at Work
– Safety, Health and Welfare at Work Act, 2005 – Operational considerations

Graphite Consultation queries
– October’s most commonly asked questions.

Enjoy your Holidays! Leave Entitlements: the up-to-date answers to managing Leave

Graphite’s Winter seminar will focus on Leave and the challenges of managing both statutory entitlements and non-statutory customs/practice. Please join us on December 13th for a stimulating discussion of leave management, followed by Graphite’s celebratory Christmas lunch.

Graphite HRM and Ronan Daly Jermyn Solicitors are delighted to announce that Tony Killeen T.D., Minister for Labour Affairs at the Department of Enterprise Trade and Employment will be our Guest Speaker at the Seminar (a week after the Budget announcements!)
Fergus Long, Partner at Ronan Daly Jermyn Solicitors will review the current legal situation regarding leave, outline some of the significant recent changes and the impact of pending legislation.

Dominic Wilkinson, Senior Consultant with Graphite will then explore in a practical way what this means for organisations in terms of implementation and the overall operational considerations. Dominic is both a Barrister and a former HR Manager and combines the legal and operational knowledge.

In recent months, the discussion on childcare and work-life balance issues has made substantial reference to the Scandinavian approach. Tove Griffin, Senior Consultant with Graphite HRM will compare and contrast the leave arrangements and management practices of her native Sweden with the Irish situation and identify some of the lessons we can learn from their experience.

Seminar Plus: If you can spare the time, why not sign up for a sector specific workshop immediately following lunch. Delegates can join peers from their business/economic sector to discuss issues relating to the seminar topics. Each workshop will need a minimum number of delegates and will be facilitated by a Graphite consultant.

Places are limited on this seminar so early booking is advisable. Please register on-line at www.graphitehrm.com or call us directly for a brochure.

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Leave Entitlements for Parents
A comparison with Sweden

There has been much public debate on Ireland’s support for parents and child care and whether our system sufficiently addresses the needs of today’s parents. Recently there has been a call for further support in form of extra statutory leave entitlements and extended payments, and although many employers do provide further support than the minimum statutory entitlements, it is argued that Ireland is lagging behind compared to many of our European neighbours. Many would position Sweden as one of the forerunners in this area, and the model we should aim for. But this statement is often made without any real understanding of what the ‘Swedish Model’ really looks like. Graphite HRM reviews the Irish and the Swedish models to find out what some of the differences really are.

Click here for direct access to the full article in the Client Zone

Article Location: login to Client Zone > click Working Time & Leave Arrangements > under Additional Reading heading

Find out more by attending Graphite’s Winter seminar on the complex subject of Leave on 13th December.

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Safety, Health and Welfare at Work Act, 2005
Operational Considerations

Health and safety legislation was given a complete overhaul in 2005 when the Safety, Health and Welfare at Work Act was implemented on September 1st, 2005. This Act replaced the original Safety, Health and Welfare at Work Act, 1989 and introduced some new legal requirements for all parties concerned, including employers, employees, contractors, suppliers etc. The 2005 Act attempts to change the health and safety environment in Irish workplaces and aims to enforce a health and safety culture by instilling positive attitudes amongst employers and employees in relation to both parties’ responsibilities.

To read the full summary, login to the HR Information Client Zone on our website at www.graphitehrm.com and look under Health and Safety. This Act will be the subject of the next update to Personnel Policies and Procedures: The Law in Perspective, for distribution in December.

Click here for direct access to the full article in the Client Zone

Article Location: login to Client Zone > click Health and Safety > under Employment Law Update heading

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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: What are the main stages of the disciplinary procedure that should be contained in a disciplinary policy?

A: There typically should be five steps to a disciplinary procedure, usually referred to as the progressive steps. Usually, Step One is the Informal Counselling stage which allows an employee to be counselled/ advised that their behaviour is unacceptable and that they should desist otherwise the formal disciplinary procedure may have to be invoked. Step Two is the Oral/ Verbal Warning, which is classed as the first formal stage of the procedure and it entails an employee being formally advised that their behaviour is unacceptable and that they should desist or the next stage of the formal disciplinary procedure may have to be invoked. Step Three is the First Written Warning, which is classed as the second formal stage of the procedure and it usually follows on from the Oral/ Verbal where an employee has failed to respond to that warning. Step Four is the Final Written Warning, which is classed as the third formal stage of the procedure and it usually follows on from a Written Warning where an employee has failed to respond to that previous warnings. Step Five is Dismissal and this is the final stage of the procedure and it can be invoked in two circumstances. Firstly, where an employee has failed to respond to the warnings issued as outlined above an employee can be procedurally dismissed if they have failed to improve during the previous stages. Secondly, in an instance of gross misconduct an employee can be dismissed without going through the progressive steps of the disciplinary procedure. At all stages of the disciplinary procedure fair procedures should be followed.

To read about this legislation and relevant procedures, see Chapter 4, Discipline in Personnel Policies and Procedures – the law in perspective.

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Q: What are the main criteria to enable an employer to ensure that fair procedures have been followed when invoking the disciplinary procedure?

A: The following principles should be adhered to, to ensure that the disciplinary procedure meets the required standard to be classified as a fair procedure:

• The policy must acknowledge each and every individual’s right to a fair and impartial hearing when faced with an allegation.
• The individual has the right to know the case against him/her
• The individual must be provided the right to have, and the opportunity to use, representation
• The individual has the right to reply to any accusations
• The individual should be provided the right to have the case investigated and heard without prejudice
• Every disciplinary procedure should incorporate the right to appeal the outcome, or the manner in which the procedures were applied.

To read more about the code of practice on disciplinary, see Chapter 4, Discipline, 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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