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Kepak ordered to pay €25k for "spying" on employee
In July 2012, Mr Farrell was injured at work when he got his arm stuck in the drain for four hours while trying to unblock a drain. A fire brigade and doctor were called to the scene and Mr Farrell was later admitted to hospital.
Upon his return to work, Mr Farrell attended a meeting at Kepak to discuss his grievances against the firm, including failure to pay sick pay, his work duties upon returning to work and treatment by Kepak following the accident.
Unconvinced that his injuries could impact his duties, Kepak deployed a special surveillance firm which “spied” on Mr Farrell on two successive Saturdays in October 2012, videoing him gardening for another man. Mr Farrell said, "They spent two days watching my every move.” A copy of the recording was made available to the Tribunal with reports from the surveillance firm.
Following the meeting, Kepak did not find in favour of Mr Farrell's grievances and referred the matter to a disciplinary investigation due to statement's Mr Farrell had made in relation to his injuries and work restrictions. Following this, Mr Farrell was dismissed stating that his actions had “irreparably damaged the trust and confidence so fundamental to an employment relationship”.
The Employment Appeals Tribunal found Mr Farrell was unfairly dismissed and the company has now been ordered to pay him €25,000 compensation.
NERA publishes its Annual Review of 2013
NERA have published their Annual Review of 2013. The review outlines the activities that NERA were involved in over 2013 and for the first time publishes the names of the employers whose cases came before the District or Circuit Court and had a sanction imposed.
The newly named, Workplace Relations Customer Service, formerly known as the information unit, dealt with almost 62,000 people during 2013 and processed 15,558 complaints on behalf of the Rights Commissioner Service, the Employment Appeals Tribunal, the Equality Tribunal and the Labour Court.
5,546 inspections and visits were carried out during 2013, involving over 70,360 employees. This compares with 4,689 cases for the same period in 2012. The amount of unpaid wages recovered in 2013 was €824,052, compared to €855,935 in 2012. Issues relating to statutory minimum pay rates arose in 8% of businesses where a full inspection was carried out.
The Health and Safety Authority released the Annual Report for 2013
The Health and Safety Authority succeeded in completing 12,244 inspections, which included 1,332 investigations in 2013. Advice was given in 73% of inspections (32% verbal and 42% written), while formal enforcement tools were used in almost 8% of workplace interventions. The report states that there was a very positive response by the majority of duty-holders when dealing with inspectors.
An online survey of inspected employers, which commenced in 2012 and was continued during 2013, confirms that their inspections were being received positively and that employers are acting the recommendations of the Authority.
The report of the Chairman and Chief Executive to the Minister for Jobs, Enterprise and Innovation, Mr Richard Bruton TD stated that during 2013, they had made progress in moving towards their vision: ‘A country where worker safety, health and welfare, and the safe management of chemicals are central to successful enterprise.’
Kepak ordered to pay €25k for "spying" on employee
In July 2012, Mr Farrell was injured at work when he got his arm stuck in the drain for four hours while trying to unblock a drain. A fire brigade and doctor were called to the scene and Mr Farrell was later admitted to hospital.
Upon his return to work, Mr Farrell attended a meeting at Kepak to discuss his grievances against the firm, including failure to pay sick pay, his work duties upon returning to work and treatment by Kepak following the accident.
Unconvinced that his injuries could impact his duties, Kepak deployed a special surveillance firm which “spied” on Mr Farrell on two successive Saturdays in October 2012, videoing him gardening for another man. Mr Farrell said, "They spent two days watching my every move.” A copy of the recording was made available to the Tribunal with reports from the surveillance firm.
Following the meeting, Kepak did not find in favour of Mr Farrell's grievances and referred the matter to a disciplinary investigation due to statement's Mr Farrell had made in relation to his injuries and work restrictions. Following this, Mr Farrell was dismissed stating that his actions had “irreparably damaged the trust and confidence so fundamental to an employment relationship”.
The Employment Appeals Tribunal found Mr Farrell was unfairly dismissed and the company has now been ordered to pay him €25,000 compensation.
NERA publishes its Annual Review of 2013
NERA have published their Annual Review of 2013. The review outlines the activities that NERA were involved in over 2013 and for the first time publishes the names of the employers whose cases came before the District or Circuit Court and had a sanction imposed.
The newly named, Workplace Relations Customer Service, formerly known as the information unit, dealt with almost 62,000 people during 2013 and processed 15,558 complaints on behalf of the Rights Commissioner Service, the Employment Appeals Tribunal, the Equality Tribunal and the Labour Court.
5,546 inspections and visits were carried out during 2013, involving over 70,360 employees. This compares with 4,689 cases for the same period in 2012. The amount of unpaid wages recovered in 2013 was €824,052, compared to €855,935 in 2012. Issues relating to statutory minimum pay rates arose in 8% of businesses where a full inspection was carried out.
The Health and Safety Authority released the Annual Report for 2013
The Health and Safety Authority succeeded in completing 12,244 inspections, which included 1,332 investigations in 2013. Advice was given in 73% of inspections (32% verbal and 42% written), while formal enforcement tools were used in almost 8% of workplace interventions. The report states that there was a very positive response by the majority of duty-holders when dealing with inspectors.
An online survey of inspected employers, which commenced in 2012 and was continued during 2013, confirms that their inspections were being received positively and that employers are acting the recommendations of the Authority.
The report of the Chairman and Chief Executive to the Minister for Jobs, Enterprise and Innovation, Mr Richard Bruton TD stated that during 2013, they had made progress in moving towards their vision: ‘A country where worker safety, health and welfare, and the safe management of chemicals are central to successful enterprise.’
