Blog Posts - Employer Resources - Best Practice for Irish Nonprofits

EMPLOYER RESOURCES NEWSLETTER - June 2019

6/21/2019

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 Redundancy Process. 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?

What is Bullying?

Bullying in the workplace has been described in various ways. The Health and Safety Authority’s (HSA) definition is: "repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work."

An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying.

Detailed information is given in the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2007.

Some examples of behaviour that may constitute bullying:

EMPLOYER RESOURCES NEWSLETTER - may 2019

5/16/2019

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 Accrual of Annual Leave Whilst on Sick Leave. 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?

This month marks the one-year anniversary (25th May) since the implementation of the General Data Protection Regulations (GDPR) across the EU. The GDPR saw the introduction of 99 Articles which provided for significant reforms to current data protection legislation in Ireland and the introduction of the Data Protection Act, 2018.

GDPR applies to all entities established in the EU which process personal data in the EU. As such, GDPR and the Data Protection Act, 2018 will apply to any person or Organisation which processes personal information / data related to an Employee (current or past) or an applicant for employment. However, there are exceptions to same, such as household data, deceased persons, criminal offences / safeguarding public security and/or EU common foreign and security policy.

Personal data is defined as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an indemnification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;” (Article 4, General Data Protection Regulation, 2018).

The Principles of GDPR which all entities established in the EU must adhere to are as follows:

Obtain and process Personal Data Information lawfully, fairly and transparently – lawfulness, fairness and transparency
Personal data must be collected for specified, explicit and legitimate purposes and not in ways incompatible with these purposes – purpose limitation
Ensure it is adequate, relevant and limited – data minimisation
Keep it accurate and up-to-date – accuracy
Kept it in a form for no longer than necessary – storage limitation
Keep it safe and secure including protection against unauthorised access – integrity and confidentiality
The controller shall be responsible for, and be able to demonstrate compliant with – accountability

For queries relating to GDPR and data protection, contact the team at Adare Human Resource Management – info@adarehrm.ie / 01 561 3594.

EMPLOYER RESOURCES NEWSLETTER - April 2019

4/3/2019

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 Key Considerations under the Organisation of Working Time Act, 1997. 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?

This year St. Patrick’s Day, 17th March 2019, fell on a Sunday. As this is a day that many organisations do not work, queries came in, inquiring of us if the public holiday would go directly to the following Monday.

The answer was no, not necessarily, however many organisations would have observed the following Monday as the public holiday as that is when the Bank holiday falls (i.e. the banks close on this day).

Although, it is at the discretion of the organisation to decide what benefit they provide Employees in respect of a public holiday and indeed what day they observe as a day off for the purposes of the holiday (if any).

Employers can provide any of the following as benefits in respect of the public holiday:

A paid day off on that day,
A paid day off within a month of that day,
An additional day of annual leave,
An additional day’s pay.

Full time Employee’s will automatically be entitled to one of the benefits outlined above in respect of the public holiday.

Part-time Employee’s will need to have worked at least 40 hours in the 5 weeks preceding the public holiday in order to qualify for a public holiday benefit. If part-time Employees have worked 40 hours in the 5 weeks preceding the public and are not required to work on the public holiday, they are entitled to receive one-fifth of their average weekly wage. If their average weekly wage varies from week to week, it is recommended that you seek an average from the previous 13 weeks worked.

For the purposes of the above, an additional day’s pay is determined as the previous day worked to the public holiday. However, this does not always equate to double time.

For queries relating to public holidays or the Organisation of Working Time Act, contact the team at Adare Human Resource Management – info@adarehrm.ie / 01 5613594.

EMPLOYER RESOURCES NEWSLETTER - february 2019

2/18/2019

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 Key Considerations for Employers in respect of Bullying, Harassment and Sexual Harassment. 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?

Zero Hours

Employment (Miscellaneous Provisions) Bill - will commence in the first week of March once enacted.

A zero-hours contract of employment is a type of employment contract where the employee is available for work but does not have specified hours of work. A zero-hours contract means there is a formal arrangement that an employee is required to be available for a certain number of hours per week, or when required, or a combination of both. Currently the Organisation of Working Time Act 1997 provides some protections for employees on zero-hours contracts.

The main provisions in the Bill are amending:

The Organisation of Working Time Act 1997 and,
The Terms of Employment Information Act 1994 - 2014

The essence of the Employment Misc. Provisions Bill is to address issues that arise for workers because of unspecified and insecure hours of work.

The Bill acknowledges that casual employees who are employed on a regular and systematic basis are entitled to deemed continuous service between separate periods of employment. Seasonal employees, for instance, who are re-engaged by their employer for a second period of employment will be deemed to have been on lay-off and will accumulate continuous service between contracts.

If you require any further information, please contact one of the team on info@adarehrm.ie or (01) 561 359.

EMPLOYER RESOURCES NEWSLETTER - january 2019

1/28/2019

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 Importance of Effectively Utilising the Probationary 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?

Carer's Leave Act 2001

The Carer's Leave Act 2001 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.

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.
Carer’s leave may be taken as a continuous block of leave, or broken into shorter periods of leave.

Where the leave is broken down, the Employer may require the Employee to return to work for a period of 6 weeks between periods of leave.

EMPLOYER RESOURCES NEWSLETTER - novembER 2018

11/22/2018

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 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 Key Considerations for Annual Leave & Public Holidays. 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?

Fixed Term Contracts

A fixed term contract is a contract which is put in place for a temporary period and has a definite duration or purpose. 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. The entitlement is dependent upon the date of commencement of employment.

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.
A fixed-term contract must specify the objective condition which brings the contract to a natural end. This may be a specified date, the completion of a specific task, or the occurrence of a specific event. Once this objective condition is satisfied, the natural expiry of the contract occurs.
If an Organisation wishes to renew a fixed term contract, they must have objective grounds justifying the renewal and failure to offer a contract of indefinite duration at that time. The Act provides that where an Employer proposes to renew a fixed-term contract the Employee shall be informed in writing, not later than the date of renewal, of the objective grounds justifying the renewal of the fixed term contract and the failure to offer a contract of indefinite duration at that time. It further provides that the contracts given are admissible as evidence in any proceedings under the Act.

Where a term of an employment contract aims to limit the term of the employment contract of either category above, that term shall be void and of no effect and the contract concerned shall be deemed to be one of indefinite duration – a permanent contract.

However, the above-mentioned rules do not apply where there are objective grounds justifying the renewal of a contract of employment for a fixed term only.

EMPLOYER RESOURCES NEWSLETTER - october 2018

10/18/2018

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 Part-time working - Considerations for Organisations. 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?

The Carer's Leave Act 2001 - 2006

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.

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 - SEPTEMBER 2018

9/28/2018

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 Bullying, Harassment and Sexual Harassment - the implications on investigations. 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 - Premium Payment

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,
Combination of the above.

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 required to work on a Sunday.

EMPLOYER RESOURCES NEWSLETTER - JUly 2018

7/23/2018

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 Managing Discipline and Grievances. 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?

Employment of Young Persons – Key Considerations

Where a young person aged 16 or 17 is employed, he/she may only be required to work a maximum of 8 hours per day, subject to a maximum of 40 hours per week.

He/she must not be required to work before 6 am or after 10 pm. If the young person has no school the next morning he / she can work until 11pm. However following this he / she cannot until after 7am the following morning.

Minimum rest of at least 30 minutes must be provided in respect of each period of 4.5 hours consecutive work completed in the working day. Young persons are entitled to a minimum daily rest period of 12 hours from the beginning of one working day to the commencement of the next, and a minimum of two days of consecutive rest in each 7 day period.

Before hiring any child it is required that parental consent is provided in writing from either a parent or guardian of the child.

EMPLOYER RESOURCES NEWSLETTER - june 2018

6/14/2018

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 Issuing Fixed Term Contracts. 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?

Premium Payment

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,
Combination of the above.

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 required to work on a Sunday.