Action HR Services

A recent ruling by the Workplace Relations Commission (WRC) underscores the importance of adhering to fair procedures in dismissal cases, particularly when dealing with vulnerable employees. In this case, an employee with an intellectual disability was dismissed for attempting to steal from colleagues. While the employee admitted her wrongdoing, the WRC found that the dismissal was procedurally unfair due to the absence of key decision-makers at the hearing where they had the onus to prove that the decision was fair. The complainant was awarded €2500 in compensation. The ruling highlights several key points: 𝐏𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐚𝐥 𝐅𝐚𝐢𝐫𝐧𝐞𝐬𝐬: Employers must ensure that all decision-makers involved in a dismissal are available to present evidence and justify the decision. 𝐌𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐂𝐢𝐫𝐜𝐮𝐦𝐬𝐭𝐚𝐧𝐜𝐞𝐬: The employee’s personal circumstances and mental health issues were significant factors that the WRC considered when determining the fairness of the dismissal. 𝐏𝐫𝐨𝐩𝐨𝐫𝐭𝐢𝐨𝐧𝐚𝐥𝐢𝐭𝐲: Even in cases of serious misconduct, such as theft, the severity of the sanction must be proportionate and justified. This case serves as a reminder for employers to rigorously follow fair dismissal procedures and consider all relevant factors, including the employee's personal circumstances, to avoid potential disputes and ensure just outcomes. For more information, read the full WRC decision here: https://lnkd.in/d-tzMHse #UnfairDismissal #ProceduralFairness #HRConsultancy #CaseLaw #TeamAction

With the introduction and enactment of the Automatic Enrolment Retirement Savings System Act 2024, Ireland is expected to experience substantial changes in its retirement savings landscape. This landmark legislation seeks to ensure that individuals no longer have to depend solely on the State pension when they retire, addressing the fact that Ireland was the last OECD country without an auto-enrolment or equivalent pension savings scheme. In our latest article, Sharon provides a comprehensive overview of the provisions of the Act, outlining what to expect and, most importantly, how employers should prepare in advance of the new system’s implementation. Explore more by reading our full article via the link below 👇 https://lnkd.in/dptRKzBh #AutoEnrolment #Retirement #Pension #HRConsultancy

A recent and significant decision by the Workplace Relations Commission has important implications for employers handling remote work requests 👇 In the case of 𝘈𝘭𝘪𝘯𝘢 𝘒𝘢𝘳𝘢𝘣𝘬𝘰 𝘷 𝘛𝘪𝘬𝘛𝘰𝘬 𝘛𝘦𝘤𝘩𝘯𝘰𝘭𝘰𝘨𝘺 𝘓𝘵𝘥, the WRC examined how employers should handle remote work requests under the new Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working. The case centred on whether the employer's decision-making process complied with the legal requirements when refusing an employee’s full-time remote work request. The company acknowledged receipt of the remote work request and notified the complainant within the required four-week period that additional time would be needed to consider the request thoroughly. The company then provided a detailed written explanation for its decision to deny the request. During the process, the respondent was able to show that they had carefully balanced the needs of the complainant with the operational requirements of the business, in line with the Code. The WRC ruled in favour of the respondent company, reaffirming that while employees have the right to request flexible or remote work, employers are not obligated to grant it. This decision is also important as it confirms and highlights that the WRC’s role is limited to assessing whether the request was considered fairly and in line with the Code of Practice, not to judge the merits of the decision itself. A key takeaway is that if an employer faces a WRC hearing, they must show they have adhered to the decision-making deadlines specified in the Work Life Balance and Miscellaneous Provisions Act 2023 and have thoroughly considered the request, balancing the needs of both the employer and the employee, in accordance with the Code. While this is the WRC's first reported decision on this issue, it is likely it will not be the last as employers continue to face challenges of managing remote work or enforcing return-to-office policies. If your organisation needs guidance on managing flexible or remote working requests or other HR matters, feel free to contact us at the link below https://lnkd.in/dGDDsFmv #HRConsultancy #RemoteWork #WRCDecision #EmploymentLaw #WorkLifeBalance

We are delighted to announce that our amazing consultant Catherine Monahan is presenting again at this year's Great Place to Work® Ireland webinar on Thursday 12th September 2024 at 10 am. Catherine will discuss the latest and upcoming employment law changes that will impact employers and how to effectively manage these developments. Make sure you don't miss this valuable opportunity by registering for the webinar via the link below 👇 https://lnkd.in/ddbQgbHH #HRConsulting #EmploymentLaw #GPTW #WorkplaceChanges #TeamAction

𝐓𝐡𝐞 𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐒𝐜𝐡𝐞𝐦𝐞 𝐌𝐚𝐭𝐞𝐫𝐧𝐢𝐭𝐲 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 (𝐀𝐦𝐞𝐧𝐝𝐦𝐞𝐧𝐭) 𝐚𝐧𝐝 𝐌𝐢𝐬𝐜𝐞𝐥𝐥𝐚𝐧𝐞𝐨𝐮𝐬 𝐏𝐫𝐨𝐯𝐢𝐬𝐢𝐨𝐧𝐬 𝐁𝐢𝐥𝐥 2024 was published on 25th July 2024. This proposed legislation aims to ensure that women undergoing treatment for a serious physical illness will no longer be forced to use maternity leave during their treatment. Key highlights of the Bill include: 🔹 Mothers requiring treatment for a very serious illness can postpone all or part of their maternity leave for up to 52 weeks, as long as it is certified by a doctor or consultant. Employees must notify their employer in writing at least 2 weeks before the intended postponement date. 🔹 Introduction of maternity leave provisions for members of the Oireachtas. 🔹 Amendment to the Workplace Relations Act 2015 to start the 6-month period for a claim from the day immediately after the dispute occurs, rather than from the date the employer is informed of the employee's pregnancy. 🔹 The Department is also examining whether the provision should extend to very serious mental health issues. Additionally, the Bill addresses 𝐧𝐨𝐧-𝐝𝐢𝐬𝐜𝐥𝐨𝐬𝐮𝐫𝐞 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬 (NDAs): 🔹 Unless requested by the employee, employers are restricted from entering NDAs with employees who allege discrimination, harassment, sexual harassment, protected disclosures or victimisation. 🔹 For an NDA to be enforceable, the employee must receive independent legal advice at the employer’s expense. The NDA must be written, have a limited duration, and include a 14-day waiting period during which the employee can withdraw. 🔹 NDAs must clearly state the exemptions that apply, so employees know who they can speak to. They must be written in plain English and be easily accessible. Reach out to us for more information at https://lnkd.in/dGDDsFmv #MaternityLeave #MaternityBenefits #NDAs #HRConsultancy

An amazing story and a truly inspiring initiative by Helen Fahy FIHI 👏 Check her Instagram reel here: https://lnkd.in/dKHEmzP2

Are you aware of your responsibilities as an employer when it comes to Sunday working? 📝 In our latest article, Catherine Monahan delves into the legalities and best practices of Sunday Working, explaining reasonable compensation, contracts of employment, and the landmark High Court case. Make sure you are compliant and up to date with the best practices by reading the full article here: 👉 https://lnkd.in/d69X5fnc #SundayWorking #SundayPremium #EmployerResponsibilities #HRConsultancy

This week on our desk 👇 The question is answered by our consultant Mislav Magaš Employment suspensions refer to temporary removals of employees from their regular duties and workplace pending an investigation or disciplinary processes. They are typically used for serious misconduct allegations or to protect workplace integrity during internal grievances. Employment suspension presents complex challenges for both employers and employees, involving legal compliance and potential reputational, emotional and financial damage. In the last year’s landmark 𝘖’𝘚𝘶𝘭𝘭𝘪𝘷𝘢𝘯 𝘷 𝘏𝘚𝘌 [2023] 𝘐𝘌𝘚𝘊 11 case, the Supreme Court justified an employee’s suspension due to potential risks to patient safety, emphasising the need for: ▶ Fair procedures before suspension, including notifying the employee, explaining reasons, and providing an opportunity to respond and appeal. ▶Consideration of the suspension's impact on the individual's reputation and career, particularly in highly skilled occupations where the effect of the suspension might make the return to work even more difficult if the disciplinary does not result in a dismissal. An employer’s decision to suspend should not be taken lightly and the necessity for the suspension should be considered. If the employers opt to suspend an employee, they must consider: 𝐑𝐞𝐚𝐬𝐨𝐧𝐚𝐛𝐥𝐞 𝐆𝐫𝐨𝐮𝐧𝐝𝐬: Employers should have reasonable grounds to believe the employee’s presence might prejudice the investigation or pose a risk to the organisation. Justified suspensions include: ▫ Repetition of misconduct ▫ Evidence interference ▫ Protection of others ▫ Business reputation protection 𝐏𝐫𝐞-𝐒𝐮𝐬𝐩𝐞𝐧𝐬𝐢𝐨𝐧 𝐏𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐞: Employers should meet with the employee, explain the potential suspension and reasons, and allow the employee to respond. It is important to note that during this suspension meeting the right to respond relates to the suspension only, not to the allegations at hand. Offering paid leave as an alternative to suspension can help protect the employee's reputation. 𝐅𝐚𝐢𝐫 𝐏𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐞𝐬:  Employers need to ensure suspensions comply with fair procedures and be prepared to reconsider it based on new evidence. 𝐓𝐢𝐦𝐞𝐥𝐢𝐧𝐞𝐬𝐬: Resolve investigations promptly and within a reasonable timeframe to avoid prolonged suspensions, which can be viewed as unfair. 𝐂𝐨𝐧𝐟𝐢𝐝𝐞𝐧𝐭𝐢𝐚𝐥𝐢𝐭𝐲: Employers must maintain confidentiality throughout the suspension and investigation to protect the employee’s rights and reputation, limiting sensitive information disclosure to those directly involved. For more info on this and other employee-related topics reach out to us at https://lnkd.in/dGDDsFmv #EmployeeSuspension #HRConsultancy #HRBestPractice #TeamAction

This week on our desk 👇 The question is answered by our consultant Mislav Magaš The Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 provides a legal entitlement for workers to receive tips and gratuities paid electronically (i.e., debit or credit card). These tips must be distributed to workers fairly. To maintain transparency, employers must provide workers with a statement showing the total tips collected and the amount each employee receives for a given period of time. Employers cannot retain any portion of electronic tips unless such retention is: ➡required by law (such as deductions for income tax, PRSI, USC), or ➡to cover the direct costs of distribution (such as bank charges or credit card percentages). Employers can also retain a share of the tips and gratuities if they regularly perform the same work to a substantial degree as their employees, but only in a fair manner taking into account the amount of work performed by the employer. Consequently, no other deductions can be made to cover business needs or for any other reason. For more info on this and other employee-related topics reach out to us at https://lnkd.in/dGDDsFmv #TipsAndGratutities #HRConsultancy #HRBestPractice #TeamAction

From August 1st, 2024, Parent’s Leave will be extended 📅 Currently providing for seven weeks of leave, Parents Leave will now be extended to 𝐧𝐢𝐧𝐞 𝐰𝐞𝐞𝐤𝐬 for parents of children born or adopted on or after August 1st, 2024. The additional two weeks of Parent’s Leave will also apply to parents of children who are under the age of two by August 2024, or adoptive children who have been placed with their parents for less than two years by August 2024. This means that parents who have already taken seven weeks of Leave before August 2024 will be entitled to an additional two weeks if their child has not yet reached the age of two. This extension aims to offer more flexibility for eligible parents to care for their children during these crucial early years. Employees may also qualify for Parent’s Benefit during Parent’s Leave which provides financial support allowing them to take the time off work. Is your organisation ready for this change? 📝 Here is what you need to do: ✔Revise your company handbook and policy documents ✔Clearly notify all employees about this update explaining the details Get in touch with us today to make sure your policies are compliant and your team is supported 🤝 https://lnkd.in/dGDDsFmv #ParentsLeave #WorkLifeBalance #EmploymentLaw #HRConsultancy