Contents

Graphite Workshops

Graphite Free Employment Law Briefings

Please refer to the Graphite website for more information on these workshops (www.graphitehrm.com).

Graphite Autumn Breakfast Seminar

• "An Employer's Responsibilities and Liabilities - Complying with Irish Employment Law"

HR News

• Anti-Racist Workplace Week, 5th-11th November 2007

Lessons from Case Law

• Equality Tribunal finds Employer Failed to Prevent Racial Harassment in the Workplace

Practical Steps

Graphite Consultation Queries

Graphite Autumn Breakfast Seminar

Graphite HRM's Autumn Breakfast Seminar
"An Employer's Responsibilities and Liabilities -
Complying with Irish Employment Law"

Graphite held its Autumn Breakfast Seminar on Tuesday 23rd October 2007. The Seminar explored the complexity of, and developments in, the area of Employment Law in Ireland. The event was chaired by Simon MacRory, CEO of Graphite HRM. A summary of the topics on which the speakers presented is outlined below.

Key Note Address
Ger Deering, Director of the National Employment Rights Authority
"The National Employment Rights Authority"

Mr. Deering shared his vision of the future of Employment Rights Compliance in Ireland and expressed his hope that through the work of the National Employment Rights Autority (NERA), it will become totally unacceptable for employers and employees alike to breach the Labour Laws of this country.

NERA was established as part of the commitments made by the social partners under 'Towards 2016' to secure enhanced compliance with employment rights. It has been set up on an interim basis since January 2007, when Mr. Deering was appointed its Director.

Alan Haugh, Head of Legal Affairs, NERA
"Towards 2016 and Employment Law Developments"

Mr. Haugh provided an overview of recent and upcoming developments in the area of employment legislation. A key piece of legislation that was enacted in May 2007 was the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act, 2007. Mr. Haugh explained that this piece of legislation seeks to make it difficult for employers to indulge in collective redundancies to replace existing workers with 'yellow pack' workers.

The new Act establishes a Redundancy Panel to which an appeal can be made by employees or employers during the 30 day consultation period (such consultation is already required by the Protection of Employment Act, 1977) on whether the redundancy situation is an 'Exceptional Collective Redundancy'.

Should the Panel determine that the situation is "Exceptional", the Panel can refer the matter to the Minister for Enterprise, Trade and Employment for examination by the Labour Court. Alan explained that dismissals in a Collective Redundancy situation must not take place within the 30 day Consultation period. An employer can be fined €250,000 for such a breach.

The Minister can decide to refuse or reduce the rebate paid to the employer in the event that the Exceptional Collective Redundancy warrants such an action.

Alan also outlined the provisions of the Employment Agency Regulation Bill. This legislation seeks to require all Employment Agencies to hold a licence to operate within the industry and to put in place a Code of Practice covering standards for the sector. It is hoped that the Bill will be published this month (November 2007).

Alan also outlined the key points and provisions with regard to:

• Employment Law Compliance Bill;
  • Will put NERA on a statutory footing, and provide for increased fines for non-compliance with employment rights;
• Joint Investigation Units;
  • Will promote co-operation and sharing of information between NERA, the Revenue Commissioners and the Department of Family and Social Affairs;
• Pensions;
  • A Partnership Review Group was set up in October 2006 comprising of various Government Departments, Industry representatives and the Social Partners to plan for future requirements with regard to Pensions;
• Code of Practice for Protecting Persons Employed in Other People's Homes;
  • This Code was published in May 2007 and sets out specific employment rights for people working in these circumstances, and aims to increase awareness of the application of employment legislation to people who are working in other people's homes;
• EAT Review Group;
  • Established to review procedures governing the operation of the EAT and to increase the number of Rights Commissioners;
• EU Green Paper on the Future of Labour Law;
  • Aims to launch a public debate on how employment law can evolve to support the objectives of achieving sustainable growth.

Tove Griffin, Senior HR Consultant, Graphite HRM
"An Employer's responsibility in providing access to a Contact Person -
Addressing Bullying, Harassment and Sexual Harassment in the Workplace"

Tove outlined the key issues with regard to identifying and training a Contact Person to provide information and support to employees who feel they are being bullied or harassed, or to those against whom a complaint has been made.

There will be an article in the December 2007 Ezine which will explore some of the key points in Tove's presentation.

Anne O'Callaghan, Head of HR Compliance, Graphite HRM
"HR Hot Topics in 2007 - A Year in Review"

Anne reviewed some of the big HR issues of 2007, and examined common HR concerns such as:

• Dismissals during probation;
• Ensuring that a person is legally entitled to work in Ireland;
• Introducing information and consultation arrangements.

There is an article on Employing Foreign Nationals in this month's Ezine.

If you would like a copy of the Breakfast Seminar Booklet accompanying the presentations, please contact Vera Okojie on (01) 662 7099. The booklets cost €85, including post and packaging.

Back to top of page

HR News

Anti-Racist Workplace Week, 5th-11th November 2007

The Equality Authority launched its Anti-Racist Workplace Week on Monday 5th November. Apart from events taking place during the week, information on the benefits of fostering equality and diversity, and steps an employer can take to promote equality and diversity in the workplace are also available from the Equality Authority.

The aim of Anti-Racist Workplace Week is to support organisations to:

• Be free from discrimination and harassment;
• Welcome all ethnic and racial backgrounds (including members of the Travelling Community) as their employees, customers and service users;
• Provide for cultural and linguistic diversity among employees and customers;
• Take practical steps to achieve equality in practice;
• Communicate the message of promoting racial and ethnic equality within the wider community.

For more information you can visit the Equality Authority website (www.equality.ie).

Back to top of page

Lessons from Case Law

Equality Tribunal finds Employer Failed to Prevent Racial Harassment in the Workplace

In this case, the Equality Tribunal found that an employer failed to suitably protect an employee from harassment on the ground of race. The case highlights the legal obligation that is on employers to take steps to protect their employees from all forms of harassment and bullying, and is notable for the view taken by the Equality Officer on the reliability of independent investigations of such allegations.

Article Location: Login to the 'Client Zone' > Click on 'Dignity at Work-Equality' - Select article from under 'Lessons from Case Law'.

Back to top of page

Practical steps

Employing Foreign Nationals in Ireland

Given the sharp rise in inward migration to Ireland in recent years, it is not unreasonable to assume that most Irish employers will recruit a foreign national into their organisation in the near future, if they have not already done so. This article serves as a basic guide to the legal and regulatory requirements placed on employers at this moment in time when employing foreign nationals. Employers should note that Government policy can, and frequently does, change in this area, so it is always advisable to check with your Graphite HRM Consultant or the Department of Enterprise, Trade and Employment prior to embarking on an employment permit application.

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

Back to top of page

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: We have been told that Work Permits are now being issued directly to the employee, instead of the employer as we have been used to. Do we now need to hand over all permits currently in our possession to the relevant employees?

Answer: In February 2007, the Department of Enterprise, Trade and Employment changed the way in which it issues Work Permits. It now places the original permit with the employee, with a copy going to the employer, together with a summary of Employment Rights for their records. The holding of such permits by the employee only applies to permits issued after this time.

Therefore, there is no obligation to hand over any permit to an employee that was originally placed with the employer. Having said that, should you wish to give such a permit to the employee, there is no impediment to same. However, please do make a copy of the permit and document the transfer.

Question: We have a number of foreign nationals working in our organisation. On occasion they have non-English conversations during work. Can we ask them not to do this because this has caused some problems for customers and other work colleagues?

Answer: With the increase of immigration into Ireland in recent years, more employers are facing the issue outlined in the question above. It is recommended that employers put in place a policy to explain how they will deal with the issue of different languages in the workplace. An employer can state quite clearly that English is the language of the business and can request that all employees use the English language as the means of communication when they are in the workplace. This should extend to all employees, including Irish employees who may be Irish-speakers.

It is understandable that foreign national employees who are living in Ireland may wish to speak to colleagues who are from the same country in their own language. Employers can build some flexibility into their policy to allow for this. For example, an employer could specify that employees should speak English at all times while in the office or on the factory- or shop-floor. However, the policy could allow employees to use their own language while in the canteen or rest areas. Employers should bear in mind that while it can be good for the morale and working relationships of foreign national employees to be able to use their own language in certain circumstances, it could have a negative effect on other employees who are in the vicinity who may feel excluded as a result of the language barrier. The importance of all employees respecting one another at all times in the workplace should be emphasised in the policy.

Back to top of page