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The Employment Rights Advice Blog

rss feed iconArticles, news and updates  on employment law in Ireland

for employees and employers

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The National Employment Rights Authority

Are you ready for an inspection?

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NERA, The National Employment Rights Authority was set up in 2007 on an interim basis. It monitors conditions of employment in the Republic of Ireland.

NERA has Inspection services and Enforcement and Prosecution Units.

NERA inspectors are now authorised to work with and share information with the Department of Social Protection and the Revenue Commissioners in Joint Investigation Units.

News update:

The Workplace Relations Act 2015 effectively transferred the powers of inspection from the National Employment Rights Authority (NERA) to The Workplace Relations Commission (WRC).

It created the WRC which is a one point of contact Government Agency dealing with the various aspects of employment law in Ireland including enforcement.

You should continue to read this article as it deals with the powers of inspection which NERA had and have been effectively transferred to WRC.

To go directly to our article on WRC inspection click here

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The power to inspect

The NERA Inspection Services are empowered to carry out inspections into compliance with employment rights under the following acts:

 

 

What can happen during an inspection?

An inspection can be triggered by a specific complaint, a random inspection or targeted at a particular area of employment.

Inspectors can enter your premises at reasonable times. They can interview your employees as well as you. They can take statements, examine records and take copies. They can also initiate legal proceedings.

  Download The Employers Guide to a NERA inspection here ;

What usually happens where a breach of employment law is found?

This depends on the nature of the breach. The inspection services may issue a letter calling on the employer to rectify the breach. They may however refer the matter to legal services for prosecution or they may carry out a further inspection, which may result in one of the previou actions, namely a warning or a prosecution.

If the breach involves The Protection of Young Persons Act1996 an immediate prosecution will follow.

What should I do to reduce the chances of a breach of employment law occurring?

You should arrange an independent inspection of all of your employment law procedures to spot any areas of potential breach. As a busy employer you may not be up to date on all of the current employment legislation affecting employers and employees in Ireland. As experienced, qualified employment law consultants, we are.

We can carry out a review for you and make recommendation for improvements where necessary. Most of our clients have found it beneficial to have another pair of eyes review their HR procedures.

What should I do next?

If you would like to discuss any aspect of employment law please contact us using the orange Tell Me More button below. 

We recommend that you arrange an employment law review. It could save you money and many sleepless nights.

 

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Our Fixed Fee monthly employment law support plan

aarcsavemoneygrey350Peace of mind for your business at the right price

Our fixed fee Employment Law monthly support plan can help your business save money. We have over thirty years of running our own business. We know how important it is to make sure that every item of expenditure is cost effective.

 

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How is the employment law monthly support plan cost effective for my business?

With the increasing frequency of awards of twice the annual salary being made, the need to avoid claims has never been greater. Most employers agree that seeking advice early in the process can help them avoid claims, and better defend any claim which does arise. Many employers are reluctant to seek employment law advice on a regular basis because of the cost implications. They sometimes wait until a claim has been initiated before seeking help. This is understandable as no one wants to be hit with a hefty legal bill. We can help you save on your legal bill.

Our employer support plan means that you can obtain employment law advice on a regular basis for a fixed monthly cost which can be budgeted for. This can greatly reduce claims, as you have the peace of mind that comes from knowing that your procedures are compliant with current Irish employment legislation. It also means that if a problem arises, you can seek early advice from our qualified experts and help prevent the matter from escalating. Avoiding risk is a very cost effective policy.

We get to know your business. This is a great advantage whenever it comes to defending a claim.

As a monthly member you also get reductions in the cost of our other services.

 

What does the scheme offer?

We offer day to day employment law advice and support at a fixed annual cost, broken into monthly affordable instalments.

What is included in the monthly support plan?

  • Free initial audit of your employment law documentation. This includes contracts of employment, policies and procedures. This has saved many employers more than the cost of the annual subscription.

  • Unlimited access to our telephone helpline. You will be able to talk to one of our qualified, experienced experts during business hours. (or outside hours in the case of an emergency)

  • Advice on employment law issues which arise in the course of your business.

  • Advice on correspondence you may wish to send in pursuance of your grievance or disciplinary procedures.

  • Regular updates on employment law

  • Reduced hourly rate for employment law services which fall outside the terms of the support package.

  • An annual review of the service with our principal in order to see how we can improve our service to you.

 

What is not covered?

The monthly support plan is designed to provide cost effective help for routine employment law matters that can arise on a day to day basis.

It therefore would not cover the following:

  • Advice on TUPE, redundancy or non employment law issues.

  • Representation at Employment Appeals Tribunal hearings or related court actions.

  • Preparation of new policies or procedures

  • Drafting compromise agreements

  • Sending out correspondence on your behalf

However it does lead to reduced fees for any area not covered by the agreement.

 

Where can I get details of the subscription plans ?

The plans vary, depending on the number of employees. For more information just click on the orange button and select the plan that suits you.

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You'll be glad you did.

 

If you require any further information please contact us using the orange Tell Me More button below.   

If you believe that the plans do not suit your circumstances, talk to us, we'll work with you to find your preferred solution.

Do it now.

 

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Dealing with mental health issues in the workplace

image of a manA healthy workforce and a healthy workplace

As workers we spend a large part of our day in a working environment. Our health is affected by our working environment and in turn our health impacts our workplace and our fellow workers.

This can be a very complex relationship.

This article examines what an employer can do to cope with health issues that may arise in the workplace. It is important to look at what might happen, so that if it does, at least you are aware of it.

Good workplace health flows from implementing good procedures, which include prevention, hazard identification, risk assessment and health surveillance.

What are the mental health issues which can arise in the workplace?

The following issues are arising with greater frequency in the Irish workplace, anxiety,depression,major mood disorders, stress, illness resulting from workplace bullying and the psychological aspects of violence. Stress was the second highest reported work-related health issue in the EU-15 member states in May 2008.

How can I deal with mental health issues at work?

It is important to look at the mental health issue which has arisen. Does it stem from a work related cause? If the answer is yes the employer needs to examine how it arose and what steps can be taken to prevent it happening again and also to help the employee recover.

If the issue arises from outside work, then you should look at how it affects the employee's ability to perform their duties and whether it affects fellow workers, to whom you also owe a duty of care to provide a safe working environment.

 

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Have you a sick leave policy?

In the course of investigating the health issue it may be necessary to obtain an independent medical assessment. If you have a sick leave policy it should include a clause requiring the employee to attend an independent medical assessment. If you do not have such a clause, then you will require the consent of the employee to such an examination. In that case you should request the employee to attend such an assessment in writing so that you can verify this at a later stage if it ends up in the Employment Appeals Tribunal. You should make a number of written requests.

What if an employee states that they are mentally unwell in the course of a disciplinary process?

You should suspend the disciplinary or other process send the employee home and advise them to seek medical attention.

You should let them return to work when they provide a medical certificate confirming that they are fit for work.

The main basis for all actions in this issue should be the health and safety of the employee and their fellow workers.

Read more on stress at work here

Read more on intoxication and drugs in the workplace here


  Equality and Mental Health. What the law means for your workplace.       Download here


 

Where can I get more help?

Contact us using the Tell Me More button below and we will call you at a time that suits.

 

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Fraud in the Workplace

man with magnifying glassThe incidence of fraud at work has increased in recent times in Ireland. This may be due to increased economic pressures, or greater vigilance on the part of the employer. It can be an employers nightmare when you discover fraud in your business. What steps can I take? What constitutes proper evidence? These are just some of the questions that can arise when you suspect that fraud is taking place. For that reason and others, many employers avoid even thinking about fraud in the workplace.

This article looks at ten steps that you can take to reduce the opportunity for fraud in your business and guidance on procedures for dealing with fraud, when you discover it.

  1. A good written contract

This applies to business partners, company directors as well as every employee. If the current employment contracts do not cover this, then you need to upgrade them immediately. Take a look at employees who have been with the company for a long time. Have they been promoted with increased responsibilities? Does their contract adequately reflect this?

  1. Choose good employees

This requires attention to detail when hiring. Take particular care when the potential employee will be handling cash, dealing with orders or dealing with your accounts. Does the person seem happy with the remuneration and work load ?

  1. Establish a clear policy and broadcast it to all parties.

What are the rules and what happens when they are broken? Take every opportunity to communicate them to your employees. Make sure they understand your zero tolerance policy.

 

Is there a DIY solution to drafting a contract of employment ?

Yes. We advise you to get help from our experts. However if you want to do it yourself you can download our updated employment contract document, together with our simple guide to completing it . You can opt to have the completed document reviewed by one of our experts for peace of mind. Just click on the blue button to view our selection of employment law documents to help reduce your legal expenses.

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See article on gross misconduct here

Let them know that you will carry out random checks. Make sure this is covered in your policy.

 

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  1. Observe and control

Build in procedures for keeping an eye on important transactions. Try where possible to have more than one employee dealing with financial transactions, inventory management, delivery, working hours, payroll,telephone use etc.

  1. Set up good accounting procedures.

Use numbered sequences for important documents, such as invoices, purchase orders etc. Get confirmation of receipt of order. This is necessary if you later need to sue for non payment.It also helps prevent false delivery claims leading to fraudulent payment.

  1. Take stock

Whether your business deals in goods or services you must know at all times that state of your stock. Goods can be stolen, but so can time. Hard working staff will usually have no problem with regular systems for keeping control of the business. It will show you how hard they are working.

  1. Consider installing security systems.

This may involve video surveillance. If so, ensure that you have written procedures in place which respect the employees data protection rights>>.

Make sure that everyone is aware that video surveillance is taking place. Use posters, signs or other methods to inform.

  1. Limit access to sensitive areas.

Only give keys or codes to trusted employees. Don't leave keys where anyone can use them. Who can make duplicate keys? What happens when an employee leaves?

  1. Data control

Keep up to date on the latest methods for controling access to data.

Consider using computers with no ability for external access, e.g. no usb drive, no ability to write to disk. This makes it harder for employees to copy sensitive business data. Some disgruntled employees may be tempted to download customer details for use by them after they have ceased in your employment. You should discuss this area with a suitably qualified, experienced IT expert.

  1. Hold the phone

Carry out random checks on the phone bill. Are there signs of excessive long distance calls?

Have and implement a policy on the use of the phone for personal calls. We recommend limiting this to emergency use only.

The main thread running through all of this is be observant at all times, set up good procedures and follow them.

If you would like help with implementing any of these suggestions, please contact us using the orange Tell Me More button below.  

 

 Spread the knowledge. If you found this article useful, please like and share using any of the social buttons below.

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