FREE BUSINESS EVENT FOR IRISH SMEs – TAKING CARE OF BUSINESS
Very few things in life are free so why not avail of a free event to help your business. If you own or manage a small business or are thinking of starting your own business you should visit www.takingcareofbusiness.ie to register as places are limited.
Attendees will:
- Meet with representatives from a number of State Offices & Agencies
- Get information & advice
- Find out ways to save your business money
- Receive support to help you in your business
Speakers on the day will include representatives from National Employment Rights Authority, Companies Registration Office, Department of Social Protection, Enterprise Ireland, Revenue as well as many others. Please see the eflyer for full details - https://www.takingcareofbusiness.ie/eflyer.pdf
Free Admission
Printworks Conference Centre, Dublin Castle
22nd October 2013 8.30am to 2.30pm
Initiative of the Department of Jobs, Enterprise & Innovation
HSE WEST ORDERED TO PAY €70,000 TO A MEDICAL SECRETARY IN A DISCRIMINATION CASE
In a recent case, A Medical Secretary v HSE West the Equality Tribunal found that the employer had discriminated against the employee who has a bowel disorder.
In July 2007 the unnamed medical secretary was told that she had to move from her office which had a convenient toilet to an office where it was more difficult to access the toilet. The employee said the illness was difficult to manage and it often caused her embarrassment. The employee was placed on sick leave as she was unable to comply with the new working arrangements. Medical evidence was provided by the employee stating that she could return to work if she was provided a single office close to toilet facilities. The employee was offered alternative roles but she didn’t think they were suitable for her.
The Tribunal found that the HSE did discriminate against the employee and that it failed to provide her with reasonable accommodation.
The Equality Officer awarded the employee €70,000 and ordered the HSE to allocate the employee a single-occupancy office close to toilet facilities.
IRISH EMPLOYMENT LAW AND GARDEN LEAVE
Garden Leave is a clause that may be inserted in a contract of employment which means that an employee is prevented from working for a competitor for a stated period of time or within a particular area after leaving their job. This can sometimes be invoked where an employee is not working his/her notice but is still being paid by the employer.
Employers need to make sure that they do not make the conditions of Garden Leave too restrictive as happened in the case of Octavio Hernandez v Vodafone Ireland limited where the employee successfully appealed his case to the High Court.
The court held that Vodafone had wrongfully prevented him from taking up employment with O2 as this impacted on him having a continuous income to provide for his family.
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IRISH EMPLOYER ORDERED TO PAY €5,000 IN UNFAIR DISMISSAL CASE.
The Case
In a recent case at the Labour Court an employee claimed that she was summarily dismissed shortly after having made a complaint under the Organisation of Working Time Act 1997. She stated that she had been notified by text that her employment was being terminated.
Her employer argued that she had been dismissed due to performance and interpersonal issues. However the employee stated that no such issues had been raised formally with her.
The Labour Court found in favour of the employee, stating that she “was dismissed in contravention of the normal standards or procedural fairness that are to be expected from an employer and she was not offered fair procedures”. The employee was awarded €5,000.
Lesson Learnt
This case illustrates how failure to follow fair procedures when dealing with a dismissal can leave employers open to costly compensation orders.
The Labour Relations Commission Code of Practice on Grievance and Disciplinary Procedures sets out minimum terms that employers should abide by when handling disciplinary and dismissal cases.
In order to help avoid legal claims, Companies should have well drafted policies and procedures in place which should be adhered to by all.
Whistleblowing Legislation – Be Prepared
This July the Government published the Protected Disclosures Bill 2013, commonly known as the “Whistleblowing Bill”. The aim of the bill is to combat corruption and promote a culture of public accountability and transparency. The Bill encourages workers to disclose information relating to wrongdoing in the workplace by offering protection against penalisation should they make a protected disclosure / blow the whistle.
When the Bill is enacted, likely to be later this Autumn, a whistleblower’s protection will include protection from dismissal or any form of penalisation by their employer. If an employee is found to have been dismissed unfairly for having made a protected disclosure, employers could be faced with compensation payments of up to 5 years remuneration. The usual service level of 1 year for cases of unfair dismissal will not apply to Whistleblowing cases.
In preparation of this new legislation, employers are advised to start reviewing their internal policies and procedures and to start considering establishing a robust whistleblowing policy to suit their business. Should you require assistance, Bright Contracts will be providing template policies and guidance on how deal with whistleblowing complaints.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Employer’s Checklist for NERA Inspections
Below you will find a handy employer’s checklist for a NERA (National Employment Rights Authority) inspection:
1. Do you have your employer’s registration number with the Revenue Commissioners?
2. Have you a list of all your employees together with their PPS numbers and addresses?
3. Have you the dates of commencement of employment for all employees? (And dates of termination if applicable?)
4. Have you given all your employees a written statement of terms and conditions of employment?
5. Have you the employees’ job classification?
6. Have you a record of their annual leave and public holidays taken by each employee?
7. Have you a record of hours worked for all employees?
8. Have you a record of all payroll details?
9. Can you prove that you provide your employees with a written statement of pay?
10. Have you a record or register of all employees under the age of 18?
11. Have you employment permits where applicable?
12. Have you filled out the template letter details that you will receive from NERA advising you of the inspection?
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
No show - big dough!
At a recent Employment Appeals Tribunal (EAT), the Tribunal’s determination for claims under unfair dismissal, minimum notice and working time legislation in respect of a Claimants (employee) employment, was based entirely on the fact that the Respondent (Employers representative) did not show up.
In this case the Claimant was awarded compensation under the unfair dismissal claim of; €28,000. The Claimant was also awarded €2,200 for the claim under the Organisation of Working Time Act5, 1997 and again €2,200 under the claim for Minimum Notice and Terms of Employment Act 1973-2005.
The Tribunal had no alternative but allow the claims, given there was no representation of the circumstances given by the Respondent.
This employer may have made a simple mistake by noting an incorrect date for the Tribunal, resulting in a hefty pay-out.
Read more at www.eatribunal.ie >
Can Employees Be Paid Less Than The Minimum Wage?
The National Minimum Wage Act, 2000 states that the NMW is €8.65 per hour, there are some exceptions to this.
Where employees are under the age of 18 or within the first 2 years after the date of their first employment over the age of 18, the rate is €6.06 per hour
In the first 2 years after the date of first employment over the age of 18, the rate is €6.92 per hour in the first year and €7.79 per hour in the second year
Or
Where a trainee is doing a course which complies with S.I. No. 99 of 2000 for the 1st one third of the period the rate is €6.49 per hour, the 2nd one third the rate is €6.92 per hour, and the 3rd one third the rate is €7.79 per hour.
S.I. No 99 of 2000 is the Statutory Instrument which forms part of the National Minimum Wage Act, 2000
For the protection of both employees and employers a Contract of Employment, which is now a legal requirement, should be given to each employee as this will state clearly what is expected of both sides and will minimise or hopefully prevent issues arising that lead to ill feeling or disputes in the workplace.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Zero hours contracts and the difference between Ireland and the UK
There has been a lot of discussion in the UK surrounding Zero Hour Contracts, after it has been reported that more than 1,000,000 in the UK are working under zero hours contract, which is 750,000 more than the Government had estimated. Questions have been raised over whether or not these are the right types of contracts for staff? and is the Irish experience different.
In the UK an employer can ask an employee to make themselves available for a set amount of hours each week but if they cannot provide hours there is no issue from the employers point of view, however the Irish experience of zero hours contracts are somewhat different. The same basic principle remains where an employer asks an employee to make themselves available for a set amount of hours and the employer is under no obligation to provide work, however, under Section 18 of the Organisation of Working Time Act,1997, if an employer cannot provide the employee with the contracted hours they are required to pay the employee at least 25% of the contracted hours or 15 hours (whichever is less).
This is how the Irish experience differs from the UK, as there is no remuneration payable to the employee in the UK if the employer cannot provide them with the contracted hours.
When looking at whether or not these are the right types of contracts for employees, you must look at the overall context of each industry, in some cases this will work out in the employees favour to have this flexibility, yet in other cases there is no security in income or hours each week which can be difficulty for more established workers, who have responsibilities and bills to be mindful of.
Unlike the UK experience employers in Ireland would be advised to steer clear of zero hours contract unless necessary, the requirement for remuneration leave an employers hands tied in that where no work is available there is still a requirement to compensate the employee.
A useful alternative to a zero hours contract would be a Casual hours contract, where the hours can vary each week in accordance with business needs, however where no work is available it is essentially a case of temporary layoff for the employee.
New Funding for Irish Employers
The Government has developed a Microfinance Fund to assist start-up and growing enterprises across all sectors with 10 or less employees. Loans of €25,000 are available to companies considered to be commercially viable even though they may not meet the conventional risk criteria applied by commercial banks. Applicants will have to demonstrate that they have been refused credit by a commercial lending institution before their application is considered.
The new fund will generate €90 million in new lending to 5,500 micro enterprises which will support 7,700 new jobs. Borrowers will pay a commercial interest rate. For more information see www.microfinanceireland.ie.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
