Blog Posts - EMPLOYER RESOURCES - BEST PRACTICE FOR IRISH NON-PROFITS

EMPLOYER RESOURCES NEWSLETTER - march 2018

3/26/2018

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Adare Human Resources Management: info@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at the Probation Period - What Managers Need to Know. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Parental Leave

A proposal to extend parental leave from 18 to 26 weeks has been referred to the Oireachtas Committee on Justice and Equality following a debate in the Dáil.

The Parental leave Acts, 1998-2013 set out to provide unpaid leave to natural and adoptive parents of children of a certain age and also to persons acting in loco parentis to same. Although there is no statutory definition of loco parentis, the expression is generally interpreted as meaning a person acting in place of a parent, e.g. a foster parent.

Eligibility for parental leave depends on 3 factors. These are:

The Employee’s status as a parent,
The age of the relevant child in respect of whom leave is being taken, and,
The Employee meeting minimum service requirements.

Leave may be availed of in respect of a relevant child:

Aged under 8 years of age, or
Within two years of an adoption order where the child is adopted between the ages of 6 and 8 years, or
Aged under 16 years in the case of a child with a disability/ long term illness, or earlier where the child ceases to have a disability/ long term illness.

EMPLOYER RESOURCES NEWSLETTER - january 2018

1/22/2018

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Bullying, Harassment and Sexual Harassment: Key Considerations. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Collective Redundancy

A collective redundancy means the dismissal for redundancy reasons over any period of 30 consecutive days of at least:

five persons in an establishment normally employing more than 20 and less than 50 Employees.
ten persons in an establishment normally employing at least 50 but less than 100 Employees.
ten per cent of the number of Employees in an establishment normally employing at least 100 but less than 300 Employees.
thirty persons in an establishment normally employing 300 or more Employees.

When an Employer proposes to implement collective redundancies they must, under the Protection of Employment Act 1977 (as amended), give the Minister for Jobs, Enterprise & Innovation written notice of their proposals at the earliest opportunity and at least 30 days before the first dismissal takes effect.

The Act also provides that an Employer contemplating collective redundancies must, with a view to reaching an agreement, similarly consult the representatives of the Employees affected not later than 30 days before the first dismissal takes effect.

EMPLOYER RESOURCES NEWSLETTER - December 2017

12/19/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Drug & Alcohol Testing. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Force Majeure

Force Majeure leave is covered under the Parental Leave Acts, 1998 – 2013. Force majeure leave may be taken in respect of the illness or injury of one the following persons:

A child or adoptive child of an Employee,
A spouse or partner of an Employee,
A person to whom the Employee is acting in loco parentis,
A brother or sister of an Employee,
A parent or grandparent of an Employee, or
A person with whom the Employee lives in a relationship of domestic dependency. This includes any person who resides with a staff member who, in the event of their injury or illness, would reasonably rely on that Employee to make arrangements for the provision of care. This includes, but is not limited to same sex partners.

Force majeure leave entitlement is a maximum of 3 days’ paid leave in a 12 month period, subject to a maximum of 5 days’ leave in a 36 month period. An Employer may record part of a working day as 1 force majeure day.

There is no service requirement for an Employee wishing to avail of force majeure leave. However, in order for a situation to warrant the granting of force majeure leave it must meet the following criteria:

The presence of the Employee at the place where the ill or injured person is situated, must be deemed indispensable. Case law indicates that where an Employee is instructed to look after a person by a medical professional, their presence may be indispensable. However, the nature of the illness is not the only consideration. In one case an Employee who believed that her child was very ill, but was mistaken, was allowed to avail of the day as force majeure leave, on grounds that her presence at the hospital was indispensable at the time, despite the fact that it transpired that her child was not actually ill.
The requirement to take leave must be urgent and immediate. An Employee should not generally be in a position to plan the leave, therefore it should not be used for events such as bringing a child to a pre-scheduled doctor’s appointment.

EMPLOYER RESOURCES NEWSLETTER - november 2017

11/21/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at the Payment of Wages. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Night Workers

Persons working at night are specifically protected under the Organisation of Working Time Act and have additional rights over other Employees. A night worker is defined as an Employee who normally works at least 3 hours of their working time between midnight and 7am the following morning, where night work equates to 50% of their annual working time.

With regard to their maximum working week, night workers cannot be required to work in excess of 48 hours in a 7 day period, averaged over a reference period of 2 months. Where the night worker is involved in work which involves special hazards or a heavy physical or mental strain, then there is an absolute limit on working hours. In such cases, the Employee may only work 8 hours in a 24 hour period during which they perform night work.

EMPLOYER RESOURCES NEWSLETTER - October 2017

10/26/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Annual Leave and Public Holiday. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Sunday Working and Premium Payments

Where an Employee is to be required to work on a Sunday, either from time to time, or on a regular basis, this should be stated in the contract of employment to ensure that no dispute arises at a later time.

An Employee who is required to work on a Sunday must be compensated in one of the following manners:

payment of a reasonable allowance for the day, and/or
payment of an increased rate of pay for the Sunday, and/or
granting paid leave in order to compensate for the requirement to work on a Sunday.

An Employer may incorporate this benefit into the ordinary payment of an Employee who is required to work on a Sunday if they so wish. However, this must be done in such a manner that the Employer can demonstrate that the Sunday worker is being paid an additional rate over other comparable Employees who are not require to work on a Sunday.

EMPLOYER RESOURCES NEWSLETTER - september 2017

9/25/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Managing Discipline Matters. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Retirement Age

Retirement Age is an area which is continuing to be a topic of concern for Employers. In the past number of years, there has been a surge in case law directly linked to retirement age of Employees, and whether Organisations can stand over compulsorily retiring Employees from work on the attainment of a certain age. At the present time, there is no compulsory retirement age for Employees across the Republic of Ireland, however that is not to say that Organisations cannot enforce retirement age for Employees of the Organisation when same is objectively justified and there is a business / organisational reason for this. In case law, such objective reasons are ‘narrowly defined’.

The age at which an Employee is currently eligible to receive the State pension is 66 (as of the 1st January 2014). In 2021 this will increase to 67 years of age, and in 2021, it will further increase to 68. Therefore, Employers should be cognisant of the difference between the age at which it may seek to enforce retirement age may differ from the age at which an Employee will be eligible to receive State pension.

EMPLOYER RESOURCES NEWSLETTER - august 2017

8/22/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at the Probation Period. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Unpaid Leave for Carers

A fixed term contract is a contract which is put in place for a temporary period and has a definite duration or purpose. The end of the contract is determined by an objective condition such as:

The arrival of a specific date
The completion of a task / project
The occurrence of a specific event.

Fixed-term contracts may only be used for a specific period of time, otherwise the Employee may become entitled to a contract of indefinite duration ie permanent contract of employment.

In respect of Employees who commenced on or after 14th July 2003, the Employer is only permitted to employ that person for a period of four years on two or more successive fixed-term contracts. Following four years of fixed-term employment, the Employee may seek to be made permanent, unless there are objective grounds justifying a further renewal of the contract and not offering a permanent post at that time.

EMPLOYER RESOURCES NEWSLETTER - JUly 2017

7/20/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Risk Management and Pregnant Employees. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Unpaid Leave for Carers

The Carer’s Leave Act 2001-2006 sets out to permit Employees to avail of unpaid leave from employment for the purposes of providing full time care and attention to a person requiring it.

The suitability of the Employee to provide care, and the requirements of the person in respect of whom leave is to be taken are determined by a Deciding Officer of the Department of Social Protection.

To be eligible for leave the Employee must:

have completed one year of service, and
be approved by the Department of Social Protection to provide full-time care to the person requiring it.

Without approval from the Department of Social Protection an Employee may not commence Carer’s leave.

An Employee may avail of up to 104 weeks’ Carer’s leave in respect of each relevant person. This may be extended to 208 weeks in certain circumstances.

EMPLOYER RESOURCES NEWSLETTER - june 2017

6/20/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Absence Management. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Double Employment and The Maximum Working Week

The Organisation of Working Time Act sets out that an Employee who holds more than one employment must still adhere to the provisions of the Act related to the maximum working week. The legislation sets out to restrict the number of hours worked in any 7 day period by an Employee. For the majority of workers, the maximum working week is an average of 48 hours per 7 day period. Note that additional restrictions apply in respect of night workers and under 18’s.

Where there is a breach of this requirement, then both the Employer and Employee may be found guilty of an offence. In order for an Employer to avoid liability in these circumstances, he/she must be capable of demonstrating that they either could not reasonably have known that the Employee was working for another Employer, or that they could not have known the hours that the Employee had been working. Therefore, it is recommended that Employers have in place a policy and practice requiring the Employee to seek approval to hold a second employment, and where permission is granted, to record and monitor working hours in the second employment to ensure that no breaches have occurred.

EMPLOYER RESOURCES NEWSLETTER - may 2017

5/24/2017

Welcome to the latest issue of the Employer Resources Newsletter, where you will find in-depth and expertly researched and written articles (courtesy of Adare Human Resource Management) covering key areas of employment law and best practice.

If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: tmcdonagh@adarehrm.ie.

Newsletter Content:

Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at CCTV footage in the workplace and the Data Protection Acts. Read more >>>
Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>

Did you Know?

Parental Leave Act Amendment

A Bill has been issued to amend the Parental Leave Act 1998 to extend unpaid Parental Leave from 18 weeks to 26 weeks.

The Parental leave Acts, 1998-2013 set out to provide unpaid leave to natural and adoptive parents of children of a certain age and also to persons acting in loco parentis to same.

Eligibility for parental leave depends on 3 factors. These are:

The Employee’s status as a parent,
The age of the relevant child in respect of whom leave is being taken, and,
The Employee meeting minimum service requirements.

Leave may be availed of in respect of a relevant child:

Aged under 8 years of age, or
Within two years of an adoption order where the child is adopted between the ages of 6 and 8 years, or
Aged under 16 years in the case of a child with a disability/ long term illness, or earlier where the child ceases to have a disability/ long term illness.

In order to qualify for leave the Employee must have completed 12 months service with the Organisation. However, where the child is about to go over the ages specified in this section, and the Employee has completed more than 3 months service but less than 12, he/she will be entitled to avail of 1 working week of leave per completed month of service.