HR e-ssentials from Graphite HRM
Welcome the November 2006 edition HR e-ssentials, the monthly e-zine from Graphite HRM on developments in people management and labour law practice. This month we have taken the theme of equality, and address this from a number of perspectives
Contents		Graphite Events Graphite Calendar of Events for 2007 Implications of Employment Law - One day workshop, 5th December 2006 Train the Designated Contact Person - One day workshop, 18th January 2007 Investigator Training - Two day workshop, 24th & 25th January 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 info@graphitehrm.com. Free 7-day Evaluation Order a free 7-day evaluation copy of Personnel Policies and Procedures - The Law in Perspective our leading employment law manual by emailing sales@ graphitehrm.com or phoning Fran Graydon on (01) 6627099 Tell your friends and colleagues about HR e-ssentials. Thank you!
Graphite Events Graphite Calendar of Events for 2007 Implications of Employment Law - One day workshop, 5th December 2006 Train the Designated Contact Person - One day workshop, 18th January 2007 Investigator Training - Two day workshop, 24th & 25th January 2007 As part of our quality commitment, places are limited on all workshops. For further information, or to make a booking, please contact Fran us on 01– 6627099 or fran.graydon@graphitehrm.com Employment Law Update Equality Case Alleging Race Discrimination in Lay-off Scenario HR Practice Using Recruitment Agencies in the Selection Process Worrying levels of Violence and Harassment reported in Irish workplaces Graphite Consultation Queries Managing the Christmas Party!
Graphite Events
Calendar of Events for 2007 Graphite is pleased to announce its 2007 schedule of events, available now on our website. Our schedule introduces several exiting new workshops, and allows you to select the dates that suit you best over the coming months. The calendar will shortly be distributed to our clients as a 2007 Wall Calendar. To guarantee a copy, please contact Fran on fran.graydon@graphitehrm.com Implications of Employment Law workshop, 5th December 2006 A limited number of spaces are available for this workshop. The day will provide comprehensive, up-to-date information on the practical application of Irish employment law and reveals the core responsibilities of management in maintaining a legally compliant workplace. This workshop covers: Employment law - the framework The contract of employment Equality, harassment and bullying Organisation of working time Discipline, grievance and unfair dismissals Leave arrangements – statutory and non-statutory Back to top of page
Employment Law Update
Equality Case Alleging Race Discrimination in Lay-off Scenario An interesting case was heard by the Equality Tribunal earlier this year concerning a claim by two complainants that they were discriminated against by their employer on the ground of race. The complainants, Mr S and Ms P, are both natives of the Czech Republic. Mr S, a skilled spray painter, started work with the respondent company in July 2002. Ms P started work as a general operative in April 2003. The complainants alleged that in May 2003, the Managing Director said that there would be no work for three weeks because of difficulties the company was facing. The complainants claimed that they were unfairly selected for unpaid layoff, at a time when Irish employees continued to work. The Equality Officer was satisfied that the company was experiencing severe trading difficulties and that the layoffs were a necessary step to attempt to secure the company’s future. She also stated that whatever limited work had been available was most usefully carried out by skilled employees who were willing to be flexible, and to assist in whatever way was necessary. Article Location: Login to the Client Zone > Click Dignity at Work, select article from under Lessons from Case Law Back to top of page
HR Practice
Using Recruitment Agencies in the Selection Process With the pressure to find good candidates in the current climate, employers are using a range of methods to find candidate, including an increase in the use of recruitment agencies. The use of recruitment agencies has changed the way many companies go about their recruitment needs. The process of selecting candidates can become an easier and more efficient way to resource candidates due to the vast number of agencies throughout Ireland. Recruitment agencies all work in different ways. There are no set rules in which all agencies abide to. Generally within an agency, each recruitment consultant deals with a specific area of expertise e.g. Office, Banking, Finance and Legal. The article identifies what you should look out for when selecting a recruitment agency to decide what type of agency will best meet your needs. Article Location: Login to the Client Zone > Click Recruitment, select article from under Practical Steps
HR Practice
Worrying levels of violence and harassment reported in Irish workplaces The fourth European Working Conditions Survey was carried out in 2005, identified worrying levels of violence, bullying and harassment in Irish workplaces. The survey aimed to provide an analysis of working conditions in the 25 European Union member states, in the acceding countries (Romania, Bulgaria) and candidate countries (Turkey and Croatia), as well as in Switzerland and Norway. In a press release on 7th November the first findings were published. In the main most European workers were happy with their working conditions, due mainly to improved job security, a positive working atmosphere and good opportunities to learn. Over 80% of workers said that they are ‘satisfied’ or ‘very satisfied’ with working conditions in their job. However, around 5% of workers reported having experienced some form of violence, bullying or harassment in the workplace in the previous 12 month period. In general, exposure to violence and threats of violence is greater in northern Europe: higher than average levels are reported in the Netherlands (10%), France and the UK (9%) and Ireland (8%). In the report for 2005, the Director of the Equality Tribunal, Melanie Pine, stated that last year the Equality Tribunal saw the number of complaints taken under Employment Equality increased. This was the highest number of individual claimants ever. Overall, since its establishment at the end of 1999, the Tribunal has now received complaints from over 5,300 individuals, along with collective agreements referred which covered more than 6,200 people. In light of these findings, this article highlights the steps an employer must take to address inappropriate workplace behaviour through pro-active initiatives, including establishing a ‘Dignity at Work Policy’ and communicating this to all employees and people on site. Article Location: Login to the Client Zone > Click Dignity at Work, select article from under Practical Steps
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. This month there has been much attention on how best to protect employees and employers throughout the festive party season. It’s that time of year again, and as the Christmas season begins, HR practitioners and people managers are considering preventative action to protect their organisations from the possible irresponsible actions of employees. Each year numerous cases come before the Equality Tribunal concerning allegations of bullying, harassment and sexual harassment, many acts perpetrated at the Christmas party, or other “staff nights out”. Alternatively, many organisations have had to handle complaints and incidents among employees following social occasions in relation to these issues. Employers need to be aware that employees’ actions at such events may not just reflect badly on their employer, but that the organisation may be vicariously liable for the actions of employees. In order to protect the organisation from what could turn out to be a large compensation claim, certain preventative steps should be taken in order to ensure that the employer has discharged their responsibility for any possible acts. In an effort to protect the organisation from potential claims of harassment, sexual harassment and bullying, as well as claims under health and safety legislation, it is essential that HR/managers brief staff on their expected behaviour at any organised Christmas event. Below is a list of precautions which should be taken. Raise awareness of the organisation’s policies regarding Dignity at Work, harassment, sexual harassment and bullying in the workplace. Provide training to staff in order that they are aware of what types of conduct constitute harassment, sexual harassment and bullying. Publicise the company disciplinary procedure, and ensure that employees are aware that they may be subject to disciplinary action for unacceptable behaviour, or misdemeanours committed at the event. Notify all staff in advance of the party that alcohol consumption at any event should be moderate. Limit the amount of company-sponsored alcohol. Take care that any entertainment provided is suitable for a Christmas event, and does not provide a forum for harassment or sexual harassment. Brief managers on how to deal with the situation where an employee’s conduct threatens to get out of hand. Encourage staff to make arrangements for getting home safely, or lay on transport for the end of the night. Give the appropriate warnings about drink driving. In choosing the venue for the event, the employer must take care to fulfil their health and safety obligations to employees, and ensure that the venue is suitable for such an event, and can cater for any disabled employees Below is a sample memo, which could be distributed to staff prior to the event. Dear colleagues, This year’s Christmas party is almost upon us, and in order to ensure that the event is enjoyable for all attendees, the company would like to take this opportunity to issue a few reminders to staff to ensure that the night runs smoothly, safely and enjoyably for everyone.. We would like to point out that this event is organised as a work-related social event, and as such the policies and procedures which govern your employment also apply to your conduct at the Christmas party. In essence this means that the policies and procedures outlined in the Employee Handbook will apply. In particular we would like to draw your attention to the following policies. It is important that you make yourself aware of what are appropriate and inappropriate behaviours to be displayed: Dignity at Work policy Harassment Policy Sexual Harassment Policy Anti-Bullying at Work Policy Disciplinary Policy We also expect employees to act in a responsible manner with regard to alcohol consumption. It is also important to us that, at the end of the night, you continue to be safe, therefore we advise that employees may consider using public transport or taxis in order to make their way home. Otherwise, all that remains for me to do is to wish each and every employee a safe, peaceful and happy Christmas. We look forward to seeing you at the party!
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