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  HR e-ssentials from Graphite HRM

Welcome to our September '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.

  Contents

Graphite Events

Breakfast Seminar
"Equality Investigations How Ready are You?”
with Guest Speaker:
Melanie Pine, Director of the Equality Tribunal
28th September

Dublin Events
– Performance Management: Goal Setting and Reviewing 20th September
– Breakfast Seminar – “Equality Investigations How Ready are You?” with Guest Speaker: Melanie Pine, Director of the Equality Tribunal - 28th September
– Managing Discipline and Grievance - 4th October
– Selection Interviewing Skills - 13th October

Cork Events
- Implications of Employment Law - 5th October

Lessons from Employment Law
– European Court of Justice Ruling: Pregnancy Related Illness Case and the application of an employer’s sick pay scheme

Dignity at Work
– Anti-Racist Workplace Week 7th – 13th November

Work Life Balance
– Employee Assistance Programmes

Graphite Consultation Queries
– August’s most commonly asked questions.

 

 
 Breakfast Seminar

 

Investigations - How ready are you?
September 28th, Dublin

Our September breakfast seminar will concentrate on how to conduct an Investigation in the workplace. The emphasis will be on promoting best practice and compliance in dealing with an employee complaint.

The seminar will provide concrete, practical information on how to set up and manage the investigation process and the attendant risks.

The content will include:
- Legal underpinnings for Investigations - EEA, H&S, Codes of Practice
-Ways to manage incidents / complaints (informal, mediation, formal)
- Setting up an investigation, who carries it out
- Lessons from the Equality Tribunal
- Managing the boundaries, risks & complexities
- Investigation reports and taking action
- Policy and prevention

The seminar will take place in Dublin on September 28th from 08:30 until 12:00. Breakfast will be served from 07:45.

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 Graphite Events


Performance Management: Goal Setting and Reviewing
20th September, Dublin

This one day workshop provides participants with the knowledge, skills and techniques to both establish clearly defined goals and to effectively review performance. This is a practical workshop during which managers will understand the success factors in managing performance, practice writing goals and emerge with goals set for their employee/s.

This one day workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin on 20th September.

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Managing Discipline and Grievance
4th October, Dublin

This workshop provides managers, supervisors and HR personnel with a practical understanding of how to effectively implement discipline and grievance procedures. The workshop looks at the legislative requirements, 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, and explores the practical skills to manage performance and conduct meetings relating discipline and grievance.

This one day workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin on 4th October.

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Selection Interviewing Skills
13th October, Dublin

Selection Interviewing Skills is a one-day skills workshop for any individual who uses recruitment interviews to select employees. This practical workshop places selection interviewing in the context of the overall recruitment process and equips interviewers with the necessary skills to successfully screen applicants, question and evaluate candidates at al levels, in a fair and effective way.

This one-day workshop will take place in the Berkeley Court Hotel, Ballsbridge, Dublin on 13th October.

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Implications of Employment Law
5th October, Cork

The Implications of Employment Law workshop has proved very popular with Graphite clients over the last number of years. Kept continually up to date with changes in practice, this 1 day workshop provides managers with a very comprehensive understanding of the day to day application of employment law.

By working through the central areas of the employment relationship, delegates understand pragmatic and best practice solutions to people management issues.

This one day workshop will take place in the in the Maryborough Hotel, Cork on 5th October and in the Berkeley Court Hotel, Ballsbridge, Dublin on 1st December.

 

Please note that places are limited on all workshops so for further information or online bookings click here or email info@graphitehrm.com.

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 Lessons From Employment Law

European Court of Justice Ruling: Pregnancy related illness and the application of an employer’s sick pay scheme

The employee felt the application of the sick leave policy in her circumstances i.e. to reduce her pay to half pay when she was absent due to a pregnancy related illness was discriminatory and she complained to the Office of the Director of Equality Investigations (ODEI) (now known as the Equality Tribunal). The ODEI, as it was, ruled in her favour. The matter was then referred to the Labour Court who, due to the complexity of the case referred questions to the European Court of Justice for a ruling. In issuing their finding the ECJ, found in favour of the employer stating that it had not discriminated against the employee when it applied the provisions of the sick leave policy to the period of absence in respect of pregnancy related ill-health.

Click here to access the full article in the Client Zone

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 Dignity At Work

Anti-Racist Workplace Week 7th – 13th November

Anti-Racist Workplace Week is a key element of the National Action Plan Against Racism, the aim of which is to provide strategic direction to combat racism and to develop a more inclusive, intercultural society in Ireland. The emphasis throughout the Plan is on the accommodation of diversity through reasonable and common sense strategies that have the potential to receive broad support across Irish society.

Click here to access the full article in the Client Zone

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 Work Life Balance

Employee Assistance Programmes

An employee assistance programme is a service put in place to assist employees to deal with personal and work related problems that may arise during their employment. An EAP is normally outsourced, and is provided by an independent organisation which provides confidentiality to employees, while providing reports on levels of contact and activity back to the employer. Often the EAP will offer a professional counselling service and may also provide information and advice for employees on a wide variety of practical matters.

Click here to access the full article in the Client Zone

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 Graphite Consultation Service – June’s most frequently  asked questions

Graphite HRM is moving away from the HR Hotline Premium Rate Service and will now offer a consultation service which is provided as part of the annual licensing arrangement. 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: During an investigation into a complaint of bullying and harassment what access to personal data has to be provided in response to an employee’s request?

A: First and foremost the individual should have been provided with all relevant information to enable them to respond to any allegations made at the outset of the investigation. As regards the request for access to personal data, in accordance with Data Protection legislation, and for that matter the principles of fairness, this means access to statements, such as the complaint itself, any witness statements and evidence that is going to be used as part of the investigation. However, there are limitations and exemptions in respect of access to the file such as opinions given in confidence, professional legal privilege, protecting the source of the data and investigation of an offence.

To read about this legislation see Chapter 3, Data Protection in Personnel Policies and Procedures – the law in perspective.

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Q: What does the Equality Tribunal Mediation option entail?

A: The Tribunal reviews complaints and considers if the matter can be resolved through mediation which is deemed to be a quicker and more conciliatory approach to dispute resolution. Where the case is deemed to be suitable for mediation, the Tribunal will ask the complainant and respondent to indicate in writing whether they have any objections to trying mediation. If both parties consent a mediator is appointed from within the Equality Tribunal.

In respect of the mediation no written submissions are required and the mediator will facilitate a private meeting between the parties concerned. Either party has the right to withdraw at anytime and where this option is exercised, or where the mediator decides that the case cannot be resolved a notice will be issued to reflect that fact. The complainant is then free to re-lodge the complaint in writing to begin an investigation.

However, if the mediation process is successful the mediator will draw up an agreement reflecting the outcome of the process. The agreement is legally binding on the parties and is enforceable through the Circuit Court. The contents of the agreement, unlike decisions, will not be published.

To learn more about the work of the Equality Tribunal please join us at our Breakfast Seminar -

“Equality Investigations How Ready are You?”
with Guest Speaker: Melanie Pine, Director of the Equality Tribunal
28th September

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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*******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 Elaine Peters on (01) 6627099********


 
 
Graphite Events

Breakfast Seminar
28th September
Investigations: How
ready are you?

 


20th September
Performance
Management:
Goal Setting
and Reviewing





4th October
Managing Discipline
and Grievance

 

 

5th October
Implications of
Employment Law

 

 

13th October
Selection
Interviewing Skills

 


To make an enquiry,
or to book a place
on any of Graphite
HRM's workshops
click here
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
Elaine Peters on
(01) 6627099.

 

 

If you can't read all
the articles in our HTML
ezine, please email
hrinfo@graphitehrm.com
for the text version of
this months ezine

 

 

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and colleagues about
HR e-ssentials.

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Copyright © 2005 Graphite HRM Ltd. All Rights Reserved

Graphite HRM Ltd, Stephen's House, 7/8 Upper Mount Street, Dublin 2. Tel. 353-1-6627099
Email: hrinfo@graphitehrm.com

Legal Editors – Since May 2005, the Employment Law Unit of Ronan Daly Jermyn (RDJ), one of Ireland's leading law firms, have been providing legal editing for Personnel Policies and Procedures - The Law in Perspective. The Employment Law Unit of RDJ specialises in advising clients on all aspects of the employment relationship. For further advice on RDJ's services please visit the RDJ website at www.rdj.ie or contact Fergus Long, Partner, Employment Law Unit (021) 4802700 Email: fergus.long@rdj.ie

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