Ibec HR Leadership Summit 2017 – Leadership for a New World
23/11/2017 - “Leadership for a New World” was the theme of this year’s annual Ibec HR Leadership Summit held in Dublin’s Croke Park Stadium on Thursday 26 October 2017. The type of leadership needed at every level of the organisation to operate in an increasingly digitised and globalised economy was the focus of this year’s conference.
Failure to carry out risk assessment for breastfeeding mother is discrimination
20/11/2017 - A recent case heard by the Court of Justice of the European Union examined whether it was gender discrimination for an employer to fail to carry out an appropriate risk assessment for a breastfeeding employee.
High Court gives green light to worker to pursue UD claim lodged more than a year after she was fired over vulgar emails
20/11/2017 - In recent weeks, the High Court gave the green light to a worker to pursue an unfair dismissal claim lodged more than a year after she was fired over vulgar emails.
Managing overtime - tips on creating and applying a company policy
20/11/2017 - Working overtime is a common feature of Irish workplaces. The demand for and approach to overtime varies considerably from workplace to workplace. However, all employers need to be cognisant of certain legal requirements and the potential for complications to arise in overtime arrangements.
Sexual harassment in the workplace
20/11/2017 - This article addresses the legal considerations for employers who are presented with allegations of sexual harassment in the workplace. Some key lessons from case law relating to sexual harassment complaints are summarised highlighting an employer’s liability for the harassment itself and the consequences of inadequate action when complaints are brought to their attention.
UK tribunal rules Deliveroo riders are self-employed
20/11/2017 - In the latest UK case involving the employment rights of workers in the gig economy, a tribunal ruled that food delivery company ‘Deliveroo’ couriers are not workers and are self-employed.
Economic context for wage negotiations - November 2017
16/11/2017 - Ibec's 'Economic Context for Wage Negotiations - A Guide for HR Managers' has been updated to take account of the latest economic indicators. The revised presentation should be of interest to member companies currently preparing budgets for next year or embarking on wage negotiations.
Eye and Eyesight Tests in light of the new PRSI Entitlements
16/11/2017 - Under the Display Screen Equipment (DSE) Regulations 2007, the employer is required to ensure that the provision of an appropriate eye and eyesight test is made available to every employee.
Government publishes Public Pay and Pensions Bill 2017
16/11/2017 - The government has published the Public Pay and Pensions Bill 2017. This legislation is primarily intended to permit the restoration of pay cuts made during the recession to the majority of public servants between 2018 and 2020. Many of these public servants would be eligible for increases between 6.2% and 7.4% between that period.
Managing Contractors - an OHS perspective
16/11/2017 - Many companies, regardless of size, are subcontracting various functions. In addition, there are contingent workers who are typically brought in for short periods of time. The challenge for many companies who outsource work is to determine who is responsible for what. Is it the host company/end user, the agency, the contract company, or the self-employed contractor?
New tool to help achieve gender balance in decision-making
16/11/2017 - Ibec and the 30% Club in recent months launched a Voluntary Code of Conduct for Recruitment and Executive Search Firms who are involved in senior level recruitment. This initiative is another tool to help organisations achieve gender balance in decision-making roles and hire the right candidate for the job, male or female, from 100% of the talent pool.
Sectoral Employment Order (SEO) for the Construction Industry signed into law
16/11/2017 - Sectoral Employment Order for the Construction Industry signed into law
T'is almost the season - plan now to avoid festive HR headaches
16/11/2017 - Unlike some areas of business, there is rarely an air of winding-down as Christmas approaches for HR practitioners. In fact HR often find themselves busier than ever dealing with everything from end of year salary reviews to the fallout from corporate Christmas social events.
Draft bill on zero-hour contracts "crude & disproportionate"
14/11/2017 - Responding to recent commentary by trade unions, Ibec maintained its position that the proposed draft bill on zero-hours contracts is crude and disproportionate.
Government launches Legislation Programme for Autumn Session 2017
17/10/2017 - In recent weeks Government announced the Legislation Programme for Autumn 2017.The programme includes priority legislation; Bills that are expected to undergo pre-legislative scrutiny; all other legislation; Bills currently on the Dáil and Seanad Order Paper; Bills both enacted and published since the Government came to office in May of 2016
National emergencies and the payment of wages
17/10/2017 - The national response to Hurricane Ophelia has generated a series of questions as to the rights of employees to be paid when, through no fault of their own, they are forced to stay home from work. Various news reports emerged over the course of the day attempting to address the key question - were employees entitled to be paid for the day in question?
Outline of an Induction plan for Senior Managers
17/10/2017 - Many companies believe that once a successful candidate, or employee moving up the ranks, has signed the contract, agreed a start date and successfully resigned or finished up previous duties that it's job done on the new appointment. However, at this stage, the job is only just beginning.
Reasonable accommodation - how much is enough?
17/10/2017 - Section 16 of the Employment Equality Act 2004 provides that an employer is not required to retain an employee if he/she “is not fully competent” and “fully capable” of carrying out their role. Notwithstanding this, an employee with a disability must be regarded as fully competent and capable if the employer can take “appropriate measures” which would enable them to perform their role
International Financial Services (IFS) Apprenticeships
13/10/2017 - Financial Services Ireland, the Ibec group that represents the sector, in partnerships with the National College of Ireland has launched two new International Financial Services Apprenticeships, aimed at both entry level employees looking for a great career choice, as well as experienced professionals wishing to pursue a career change or a more technical role within the financial services sector
Ireland is well served by a voluntarist approach to collective bargaining
13/10/2017 - SIPTU recently called for a referendum on the issue of collective bargaining, no doubt with a view to paving the way for legislation requiring some form of mandatory trade union recognition. Such a move will upset this careful balance of industrial relations which has served us so well to date.
Occupational First Aid: The Requirements and Changes in progress
13/10/2017 - The recent changes to the Occupational First Aid (OFA) Training and Trainer requirements have highlighted the First Aider Role and prompted many companies to review this function within their organisations. This article outlines the basic requirements and highlights the ongoing changes to training.
Training levy increase unwelcome but presents opportunity for reform
12/10/2017 - The budget announcement that the National Training Fund (NTF) levy will be raised by 0.1% of payroll in 2018 to 0.8% and by a further 0.1% in both 2019 and 2020 can be viewed as a potential threat to business competitiveness. However, if properly implemented, the accompanying reforms also offer the opportunity to ring fenced funds for targeted in-work training programmes to help companies upskill their workforce.
Proposal to extend maternity leave in the case of premature births
04/10/2017 - From 1st October 2017, the period for which maternity benefit is paid is being extended in cases where a baby is born prematurely.
Not all routes lead to Dublin - Irish law does not always apply to Ryanair employees, says CJEU
21/09/2017 - The Court of Justice of the European Union has stated that a clause in Ryanair’s contracts of employment providing that any disputes in relation to its terms were to be resolved under Irish law before the relevant Irish authorities is not enforceable in certain cases involving workers in different jurisdictions.
Prepare now for European Safety Week!
21/09/2017 - The theme for 2016/17 is "Healthy Workplaces for All Ages". The campaign website contains lots of information tailored to the needs of employers, workers, HR Managers, OSH professionals and others.
Revised Third Level Graduate Programme allows no retrospection on duration of stamp 1G permission to work
21/09/2017 - This a brief overview of the Revised Third Level Graduate Programme published by INIS. The revised Programme offers graduates at level 9 or above of the National Framework of Qualifications up to a two year period or residence and right to work in the State. It will not be made retrospective for non EEA 2016 graduates from Irish colleges and universities who are (or are not) availing of the 2016 programme.
Putting the X factor into attracting and retaining talent
23/08/2017 - In a rapidly changing world where employee expectations are continuously evolving, the management of talent has become a sizeable and demanding task. At a recent Ibec event, Deloitte, Three Ireland and Citibank shared their expertise.
Quick tips on expediting the employment permit process
23/08/2017 - In order to work in Ireland a non EEA national, unless they are exempted, must hold a valid Employment Permit. We feature some reminders of Department of Jobs, Enterprise and Innovation initiatives that are designed to make the permit application process faster and easier.
PAYE Modernisation, are you ready yet?
10/07/2017 - The modernisation of the PAYE system is due to take effect from January 1st 2019. The new Real Time Reporting (RTR) system will require employers to report pay, tax and other deductions as well as details of employees leaving employment, at the same time as they run payroll.
2017 a pivotal year for employment law developments
22/05/2017 - In light of 2017 proving such an exceptionally busy year for employment policy initiatives, the focus of Ibec's 2017 Employment Law Conference was to help employers navigate the road ahead.
Alcohol and drugs at work- a dismissible offence?
22/05/2017 - In some circumstances it may be reasonable to dismiss and employee who turns up for work under the influence of drugs or alcohol. However, employers need to adhere to their workplace policies and avoid acting hastily. Many factors will be considered in any subsequent claim.
Key takeaways from data protection case studies
22/05/2017 - A large retail bank's disclosure of personal information to a complainant's mother featured amongst the data security breach notifications dealt with by the Data Protection Commissioner in 2016.
Moving employees from weekly to monthly pay
22/05/2017 - The prudent employer will flag a proposed change from weekly to monthly pay well in advance to allow staff time to change direct debits. Providing a loan for those who may struggle financially with the changeover can also help overcome resistance.
Timely reminder of restrictions on fixed-term contract renewals
22/05/2017 - A recent Labour Court case resulted in a major award for a former fixed-term worker in a dispute over a contract of indefinite duration (CID). The case reaffirms that there must be objective grounds that justify offering a fixed-term worker a further temporary contract rather than a CID.
Too many bills seek to regulate employment relationship
22/05/2017 - Ibec's Director of Employer Relations, Maeve McElwee has described the number of Private Members' Bills currently seeking to regulate employment law as concerning. She warned these Private Members's Bills have little regard for consequences on competitiveness and sustaining jobs.
Workplace investigations - Style over substance?
19/04/2017 - The recent Labour Court decision in the case of Pinnacle Security Ltd v Chris Mabuza UDD1640 offers employers a moment to reflect on the importance of fair and reasonable procedures in carrying out a workplace investigation.
Workers' Memorial Day 2017
13/04/2017 - For everyone with an interest in the safety, health and welfare of people at work, Friday 28th April is an important date nationally and worldwide when we remember people killed or injured in work-related accidents.
Ibec 2017 Employment Law Conference to focus on proposed legislation
12/04/2017 - 2017 will be a pivotal year for employment law policy in Ireland, as developments continue apace. Several new policy initiatives, which will affect every business, have already dominated the headlines including proposals in relation to zero hour contracts and banded hour contracts and developments in retirement age, all of which present a variety of challenges for employers.
Labour Court considers collective bargaining application
12/04/2017 - The Communications Workers Union’s claim against Conduit Enterprises Ltd under revised industrial relations legislation was recently before the Labour Court for consideration.
Workplace Relations Commission (WRC) Publishes Work Programme for 2017
26/01/2017 - On 17 January 2017 the Workplace Relations Commission published its Work Programme for 2017. The document highlights the core mission and details the services and operation the Commission provides.
Weather alert - advice for employers in affected areas
12/01/2017 - A company policy on absence due to bad or inclement weather should address the situation where employees are unable to attend work, or organisations do not have work available, due to weather-related circumstances outside of their control.
Cash in transit over the Christmas period
16/12/2016 - With high volumes of cash in circulation coming up to the busy Christmas period, the Gardai have issued seasonal guidance for firms in relation to lodging cash and ensuring the safety of staff dealing with persons from cash-in-transit companies.
Dos and Don'ts for the Holiday season
16/12/2016 - In some areas of business there can be an air of winding-down as Christmas approaches. However, this is rarely the case for HR who often find themselves busier than ever dealing with everything from end of year salary reviews to the fallout from corporate Christmas social events.
Case concerning employee who used grievance procedure as ‘first port of call’
15/12/2016 - One of the cases featured in our quarterly review of industrial relations decisions involved a dispute that arose when a HR Department refused to accept any further grievances from a worker whose continuous complaints they viewed as abusing the organisation’s grievance procedure and disrupting management time
First Protected Disclosures cases involving awards for penalisation start to emerge
15/12/2016 - Over two years have passed since the commencement of the Protected Disclosures Act 2014, however it is only recently that the first cases involving orders for interim relief and awards for penalisation under the Act have been heard.
Winning Workplaces – A Spotlight on Talent
30/11/2016 - The theme of Ibec’s HR Leadership Summit held at the Croke Park conference centre in Dublin last month (October 27th) was 'Winning Workplaces - A spotlight on Talent'. The event attracted more than 400 HR directors, managers and business leaders. At the summit, delegates heard contributions from a range of speakers who explored the key trends affecting the workplace. Unsurprisingly, there was a strong focus throughout the day on the topic of employee development as a means of attracting and retaining talent.
Centralised public sector pay agreement critical for competitiveness
21/11/2016 - Recent weeks have seen significant pressure coming from trade unions, both in the public and private sectors, with higher pay demands. Ibec has indicated both to the Government and in the media the importance of maintaining a centralised public sector pay agreement for stability and competitiveness
Ibec participates in Eurofound seminar on impact of digitalisation on work
26/10/2016 - In its contribution to the recent Eurofound seminar on the impact of digitalisation on work, Ibec highlighted the potential of the digital economy to create jobs and enhance productivity across our economy. It emphasised, however, that ensuring that people have the skills required in the future labour market is fundamental to realising this potential and enabling citizens to benefit from digitalisation and future work opportunities.
Sample paternity leave policy
05/08/2016 - The Paternity Leave and Benefit Act 2016 commenced on 1 August 2016. The Act enables a “relevant parent” to take two weeks paternity leave which must commence within the first 26 weeks of the birth/adoption of a child. Subject to eligibility and notification criteria being met, paternity leave will apply to births/placements that take place on or after the 1 September 2016. During paternity leave, employees who have the necessary PRSI contributions and hold a Public Services Card are entitled to paternity benefit from the Department of Social Protection.
Data protection queries from employees on the increase
28/07/2016 - There has been a steady increase in the number of queries and requests arising under the Data Protection Acts 1988 to 2003 from employees to their employers in recent years. While some have referred to “digital ambulance chasing”* the reality is that employees, as data subjects, have considerable rights under the legislation. These rights, and employers’ obligations, look set to increase in strength and impact when the legislation is reformed as part of the General Data Protection Regulation due to come into effect in 2018.
"Beyond Tinkering and Tailoring: Transforming Organisations"
28/07/2016 - Ibec are partners in a European PROGRESS funded initiative which is being led by the University of Limerick and whose partners include Dell, Cranfield University and Abertay University. The focus of the GEM project is to bring together decision makers and policy influencers to accelerate progress towards gender balance in key decision-making processes.To disseminate the policy and practice findings of this research across industry the project will culminate with a conference "Beyond Tinkering and Tailoring" scheduled to take place on the 22nd September 2016.
Conflicting advocate generals' opinions on religious dress at work poses challenge for Court
27/07/2016 - An Advocate General for the Court of Justice of the European Union has ruled that private companies cannot impose a blanket ban on Islamic headscarves at work contradicting an earlier Advocate General opinion in a similar case.
Ibec's concern at Labour Court's application of new IR legislation
30/06/2016 - The Labour Court has issued its first recommendation under the revised dispute settling mechanism set out in the Industrial Relations (Amendment) Acts 2001 to 2015. The resulting recommendation (Freshway Food Company - and SIPTU Recommendation No. LCR 21242) has given rise to a number of concerns regarding pay rates, industry comparators, representation and the policy direction of the Labour Court in wage setting.
Ibec continues to assess possible impact of Brexit on Irish employment law
30/06/2016 - As Ibec continues to assess the possible impact of last week's referendum result in the United Kingdom, it is important to state that the comparison between Irish statutory employment rights and those that apply in the UK has always been a concern for Irish business, specifically when considering the issue of overall competitiveness. The impact of Brexit is difficult to evaluate at this early stage, particularly until greater clarity emerges on the mode of departure from the EU ultimately settled upon by the UK.
Health and Safety Good Practice Awards launched
31/05/2016 - The European Agency for Safety and Health at Work launched its two-year Europe-wide campaign called "Healthy Workplaces for all Ages" on 15 April. As part of the campaign, the EU-OSHA launched the Healthy Workplaces Good Practice Awards. The awards aim to highlight organisations making outstanding and innovative contributions at work in the context of an ageing workforce. Irelands's Health and Safety Authority is accepting applications for the awards up to Friday, 9 September.
Hidden disabilities - #iseebeyond
31/05/2016 - Earlier this year, Headway, Brain Injury Services & Support spearheaded a public awareness campaign #iseebeyond to raise awareness of Hidden Disabilities, or disabilities that do not comprise a noticeable physical difference.
Ibec raises concerns about the implications of the Cush report for third level education
30/05/2016 - The report of an expert group on fixed-term part time employment in lecturing in the third level sector was published on 12 May. The government commissioned report by senior counsel Michael Cush, makes a number of recommendations which if adopted, Ibec believes, will further shackle a sector already operating under severe constraints.
Taking Diversity to the next level - Supply Chain Diversity
30/05/2016 - For some time now employers have been taking steps to ensure they have an inclusive culture, that their policies and procedures are ‘diversity proofed’. The whole area of supply chain diversity is a deeper aspect of diversity and inclusion and one that employers in Ireland have been slower to fully embrace. Supply Chain Diversity was the topic for a thought leadership event run by eir this month under the aegis of their diversity and inclusion programme. The audience comprised procurement and supply chain specialists from diverse range of organisations.
Ibec Employment Law Conference 2016 “Peak Performance”
26/05/2016 - Sponsored by Brightwater Recruitment Specialists, “Peak Performance” was the theme of this year’s annual Ibec Employment Law Conference, held in Dublin’s Croke Park on Thursday, 12 May. The steady improvement in the Irish economy provided the backdrop to this year’s event with renewed focus on the part of employers on getting the best from their employees.
Let’s talk about mental health?
26/05/2016 - Whether we talk about mental health or not, we know that at this time in our organisation, 1 in 4 of us is experiencing a mental health difficulty.To address this important issue and look at mental health for the benefit of the individual and that of the organisation, Ibec is hosting a breakfast briefing for employers on 3 June. The morning will begin with a keynote address by Dr Claire Hayes, Director of Aware on mental health and resilience in the workplace. This will be followed by a panel discussion with representatives from Vodafone, Obama Plaza and Core Media all of whose companies are engaged excellent practices around mental health and wellbeing in the workplace.
Ibec response to proposals for revision of Posting of Workers Directive
30/03/2016 - Ibec response to proposals for revision of Posting of Workers Directive
European Court of Human Rights rules employer entitled to read employee's private emails sent at work
28/01/2016 - In a case put before the European Court of Human Rights (ECHR), judges ruled that a company which had read an employee’s messages sent through Yahoo Messenger while he was at work was within its rights to do so. The majority decision finding against Mr Barbulescu, a Romanian worker, was that the monitoring of the Yahoo messenger service, which was specifically for work purposes, was limited in scope and proportionate. Mr Barbulescu had alleged a breach of the Convention of Human Rights when his former employer monitored his online Yahoo messenger account.
HRlink year in review
23/12/2015 - As the year draws to a close, it’s time to look back on the IR and HR developments that shaped the last 12 months of HRlink.
A Year in Review - Ibec's Employer Relations Division in 2015
21/12/2015 - As 2015 draws to a close, we look back at the past 12 months and share with you our review of some of the key events of the year. Knowledge gathering and knowledge sharing is the foundation of the Employer Relations Division within Ibec and we have had another busy year making your voice heard.
Equality (Miscellaneous Provisions) Act 2015 heralds change for employers and their ability to set compulsory retirement ages and fixed term contracts post retirement age.
21/12/2015 - The Equality (Miscellaneous Provisions) Act 2015 heralds change for employers and their ability to set compulsory retirement ages and fixed term contracts post retirement age. The Act was signed into law by the Presidential Committee on the 10 December last and is expected to commence early in 2016.