The tangible results delivered by the process so far are:

• The new single Workplace Relations Customer Service portal is now fully operational. This replaces five separate contact points previously in place.
• A new workplace relations interim website is now in place.
• A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use. Over 70% of all complainants now use this form. A fully online version of the complaint form will be available later this year
• The acknowledgement of complaints made. Employers are notified, on average, within five working days – prior to the introduction of the single portal this was taking up to eight months.
• The commencement of the delivery of the pilot Early Resolution Service
• The reduction of the backlog for Rights Commissioner hearings. It was 142 days in 2010

The next steps in the process are:

• To establish the two-tier Workplace Relations structure, by the end of this year two statutorily independent bodies will replace the current five.
• The feedback on the Blueprint document is currently being analysed, this will impact the drafting of the legislation, which has already commenced

The Minister’s speech at the conference, reinforced his determination and commitment to the transformation of the Employment Rights process:

“Like so many other areas of Government, reform of the employment rights and industrial relations bodies has been talked about for many years but nothing has been delivered. I am determined to deliver real reform in this area so as to reduce costs for business and the taxpayer, and achieve better results for employers and employees. To date we have made substantial progress in this complex area, and I am determined to deliver a new service by the end of the year.

“I am heartened by the commitment and support that is evident in the delivery of this major public sector reform. I look forward to the next phase as we deliver a truly world-class workplace relations service that will deliver significant improvements for employers and employees while at the same time saving the taxpayer money”.

IBEC Chief Economist Fergal O’Brien said: “Following a return to economic growth in 2011 for the first time in four years, the economy will grow by 1% this year. International trading conditions remain difficult, but exporters continue to benefit from competitiveness improvements and the weaker euro has helped exports to non-eurozone countries. Investment by industry in new equipment and machinery will grow again this year, reflecting the strong export performance of recent years andIreland’s ongoing attractiveness to FDI investment. The jobs outlook has also improved somewhat over recent months and the export recovery has meant that job creation has exceeded job losses for the first time since2007.”

The office for Data Protection contacted the facility in question and informed them of their obligations under the Acts. The office advised that any monitoring must be a proportionate response by an employer to the risk he or she faces taking into account the legitimate privacy and other interests of workers and in terms of meeting transparency requirements, staff must be informed of the existence of the CCTV surveillance and also of the purposes for which personal data are to be processed by CCTV systems.

In response Westwood Swimming Ltd. stated that the CCTV system was installed with the priority focus being security of the office due to the amount of cash and credit card slips with customer information on hand. It informed us that a secondary purpose for the CCTV was the fact that it had received numerous complaints from its customers stating that the office was not open or that the office was open and unattended which gave it further concern for the security of cash/credit cards. It confirmed that its staff had not been informed in writing of the installation and purpose of the CCTV. However, it indicated that staff were well aware of the reasons behind the new system as the cameras were overt and the recorder and screen showing views and recordings were in the office in full view of both staff and clients. It stated that the system was installed during working hours in full view of the staff and no query, question or complaint was received from either the staff or clients. It also referred to having signage in place informing people of CCTV being in operation.

The company acknowledged that the CCTV footage had been reviewed by it in respect of the incidents cited by the complainant.

Following consideration, the Commissioner found that the company was in breach of the Data Protection Acts. In a formal statement, the Commissioner stated that “the leisure centre contravened Section 2(1)(c)(ii) of the Data Protection Acts by the further processing of CCTV images which were stated to have been obtained for security purposes in a manner incompatible with that purpose. These contraventions occurred in the two instances when the CCTV was used to monitor the performance of the complainant in the course of his employment.”

“The improper use of CCTV to monitor employees is a matter of increasing concern to me. Even where employers have sought to legitimise the use of CCTV to monitor staff by referring to it in their company handbook, the position remains that transparency and proportionality are the key points to be considered by any data controller before using CCTV in this manner. We would only expect CCTV footage to be reviewed to examine the actions of individual staff members in exceptional circumstances of a serious nature where the employer could legitimately invoke the provisions of Section 2A (1) (d) of the Acts (“the processing is necessary for the purposes of the legitimate interests pursued by the data controller …except where the processing is unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.”).

Speaking about this award, Denis Kelly, Fáilte Ireland’s head of HR acknowledged that: “This award is a great achievement for FáilteIreland, particularly when you consider that we were short-listed alongside private-sector giants such as Diageo and Intel. The challenge for all of us in the public sector is how do we work smarter with fewer resources and less staff. The implementation of the key account management system is the perfect example of an organisation facing up to change and responding cleverly and effectively. The HR team was proud to have been centrally involved in that innovation and is committed to assisting the organisation to continue to forge newer and better ways of working”.

Fáilte Ireland has been working to transform the Enterprise Development Directorate and is pleased with the results which has enhanced the organisation’s reputation and relevance with clients and stakeholders. Their emphasis has now shifted to the delivery of key account services through accountability, measurement and commercialisation.

Shaun Quinn, CEO commented, “As an organisation, we strive at all times to promote and encourage the adoption of best practice principles across our client base in tourism and it is very gratifying to receive formal recognition for ‘practising what we preach’. Also, there is great pride to be shortlisted for such a prestigious award from a competitive field of blue chip companies and to be the only non-commercial state agency to receive such an award.”

This case relates to two complaints received by the Commissioner in November, 2010. The two complainants, both of whom had previously purchased cars from a firm which had since ceased trading received direct marketing text messages from a car dealership promoting special offers. A number of employees from the firm they had dealt with had began employment with the new dealership. Neither complainant had consented to receiving direct marketing text messages from the new dealership.

The office for Data Protection contacted the dealership to check if it had a legitimate claim to make contact with the complainants. The dealership informed the office that it had purchased the business from the liquidator and it had taken over the existing premises, staff, equipment, stock, etc. From this purchase it had obtained the full database of previous customers. The contact details of both complainants were contained within this database. As customers of the previous business, both complainants had opted in to receive marketing messages at the time of their car purchase and/or car service. The dealership confirmed that it had now unsubscribed both customers from their database so they would no longer receive any future marketing messages. It also offered an apology to both complainants for any confusion caused.

As the new dealership was using the data for the same purpose as the previous business, the Commissioner ruled that there was no breach of the Data Protection Acts. A breach would only have arisen if the company who had purchased the business from the liquidator had proceeded to use customer data for other purposes without the liquidator previously obtaining consent from the customers.

The offer will consolidate the agreement of a 3.5% pay increase previously made under the first phase of the Towards 2016 transitional agreement. Under the terms of the new offer, employees will receive a €1,000 settlement, as well as a 1.7% pay increase. A further 1.7% performance based increase will also be implemented in two years time.

The unions and their members will be meeting over the coming weeks to discuss the pay offer before a ballot on its acceptance occurs.

Source: Siptu http://www.siptu.ie/media/pressreleases2012/othernews/fullstory,15774,en.html

At AskHR we provide an independent, confidential and comprehensive auditing service that not only targets your legal obligations as an employer, but also advises on areas of improvement in relation to HR best practice.

Employment Law and the Implications of the failure to meet the Required Standards

The challenge for Directors and Managers to demonstrate compliance is increasingly difficult, due largely to the volume and complexity of existing, as well as emerging Irish and European employment legislation. The range of penalties that may be applied by NERA (the National Employment Rights Authority) and the Civil Courts for non compliance coupled with the reputational damage to an organisation, further highlights the need to establish and maintain a HR infrastructure that is robust, as well as capable of meeting the range of obligations that arise.

The Role of NERA 

NERA monitors employment conditions through its inspection services and has the power to enforce compliance and seek redress. NERA covers many aspects of employment rights including: National Minimum Wage Act 2000, Payment of Wages Act 1991, Organisation of Working Time Act 1997, Protection of Young Persons Act 1996, Employment Permits Acts and the Industrial Relations Acts.

Inspections can be made with or without advance notice. Inspections are undertaken by NERA in response to complaints of alleged non-compliance, as part of compliance campaigns which can be sector or legislation specific, or merely as part of a random inspection regime. In 2011 atotal of 5,591 inspections were completed involving over 100,000 employees. Many of the prosecutions and penalties imposed by NERA relate to the failure to keep and maintain accurate personnel records rather than actual breaches of legislation.

If you are faced with a NERA inspection – you must be compliant and have the records to prove it.

People Management Best Practice

If people are the single most important asset in your organisation, it is critical that you fully engage each and every member of staff. Employer/Employee relationships can be maintained and strengthened through implementing effective HR policies and procedures, developing a strong performance management culture, identifying employee’s training and development needs as well as incorporating general best practice measurements.

How to avoid Penalties

At AskHR, we focus on risk identification, monitoring and mitigation. We identify if all of the essential process and system controls are present, target weaknesses and most importantly implement practical solutions.

The AskHR HR Audit process includes:

• A Preliminary Questionnaire: A comprehensive and specifically tailored questionnaire for the Organisation’s management team to review, complete and return along with the necessary documentation.
• Questionnaire Review: We will conduct a review and identify provisional areas of compliance and non-compliance within the Company, as well as isolating areas of improvement for best practice and people management purposes.
• Review Meeting: We will arrange a meeting with the designated manager/s. This meeting allows the auditor an opportunity to gather further information, whilst also providing management with the most accurate account of the company’s policies and procedures and their implementation. A sample of employee interviews may also be conducted at this stage at the company’s request.
• Audit Recommendations: Following the questionnaire and review meeting, we will issue a comprehensive report. All areas of best practice, compliance and non-compliance will be identified and suggestions for potential improvements will be provided.
• Further Support:We can assist in the implementation of all recommendations made and work with you to ensure you maintain a compliant HR infrastructure.

Our HR Compliance and Auditing Service provides for “a mock NERA inspection” which offers:

• Assurance that all your employee files contain information required for employment law compliance and can meet the requirements of a NERA inspection.
• Assurance that all your payroll records are accurate and comply with employment legislation, employment regulation orders (ERO’s) and Registered Employment Agreements (REA’s) where applicable.
• Analysis of all of the HR processes and operating procedures within the company, ensuring they are in line with current legislation and best practice.
• Updating/Implementing new contracts of employment for all of your employees and updating/creating a new employee handbook of HR policies and procedures.
• A comprehensive report identifying areas of improvement in compliance and people management.

For High Quality, Cost Effective Solutions Please Contact Aoibheann Kinsella, AskHR at: aoibheannkinsella@askhr.ie

The IBEC analysis entitled ‘Sustaining employment and the implications of Statutory Sick Pay forIreland’ says:

• Forcing employers to pay additional employment costs to cover the cost of statutory sick pay would equate to the cost of employing 2,500 people
• For over 40% of employers inIreland– mainly smaller employers who currently have no sick pay costs – statutory sick pay would represent a significant additional cost. For all employers, large and small, this new cost burden will be seen as a tax on jobs and will particularly hit smaller, more vulnerable employers, operating in low-margin businesses
• IBEC does not believe that the proposed change would result in any reduction in absenteeism or long-term illness rates. Private sector employers do not need any additional incentive to manage the cost of absence, with about 60% of companies already paying some element of sick pay. Absence already costs Irish business €1.5 billion per annum
• The Department of Social Protection has selectively argued that Ireland is in out of line with other countries on this issue, but failed to acknowledge that in many countries statutory sick pay is not paid by employers, including the US, Canada, Denmark*, Korea* and Portugal

Brendan McGinty, IBEC Director said: “Employees and employers already make obligatory PRSI contributions to support social welfare provision. Any move to increase this already substantial contribution will come at a serious cost and would force all employers to reassess their sick pay policies. Small companies, many operating in a depressed domestic economy, would be hit the hardest.

“The sick leave proposal is at odds with the Action Plan for Jobs, which committed the Government to reducing red tape and makingIreland more competitive so that successful businesses and entrepreneurs can create jobs. The government needs to start coming up with sensible and economically sound ways of reducing expenditure, instead of just shifting costs to employers.”

The Bill has been devised to provide expanding SMEs with credit which they cannot currently access through the various financial institutions. Speaking after the announcement of the publication on April 11^th, 2012 Minister Bruton stated that the Government are targeting “job-creating businesses that face obstacles accessing credit because they do not have enough collateral, or because they operate in sectors which the banks are not familiar with.”. The scheme provides banks with a 75% State guarantee against losses on qualifying loans and it is hoped that the new initiative will promote job creation and growth throughout the country.

The scheme aims to facilitate up to €150 million of additional lending per annum to SMEs initially, in addition to the lending targets set for the pillar banks. Take-up and performance will be closely monitored in this demand led scheme.

Over 1,800 businesses are expected to benefit per €150m of additional lending, the cost of which will be €6.38m. However, the scheme’s gains are expected to outweigh its losses. There will be an increase in tax receipts and a decrease in social welfare payments. When all anomalies are taken into account, the projected net gain for the exchequer is expected to be €25m per €150m of lending.

The Maynooth based firm, Capita Asset Services has been awarded the contract for the practical oversight, management and operation of the Guarnatee Scheme.

The Bill, which was approved by Government on April 3^rd, 2012 is expected to be enacted shortly and will provide for the establishment of a targeted Temporary Partial Credit Guarantee Scheme.

The principle measures in the Bill include:

• Empowering the Minister for Jobs, Enterprise and Innovation, to give a 75% loan guarantee
• Procedures for designating a lending institution as a participating lending institution
• Provision for the payment of a 2% premium charge to the Minister by participating SME borrowers,
• The setting of eligibility criteria for borrowers, in line with the European Commission definition of an SME. A qualifying enterprise must not employ more than 250 persons.
• Provision for review of the scheme at any time. The Government have agreed to review the Scheme after one year of operation.
• Assigning a contractor to oversee the operation of the Scheme.

Making the announcement, Minister Bruton acknowledged that “Access to credit remains a key issue for many businesses, and although we as a Government have moved decisively to restructure the banking system and ensure that it provides credit into the economy every year, we must also act to fill gaps where specific market failures exist. Through the Action Plan for Jobs, we will deliver in2012 anumber of measures to fill these gaps and ensure that businesses do not face unnecessary obstacles as they attempt to expand and create the jobs we so badly need.”

The Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance of the Employment Appeals Tribunal will form a new single body called the Workplace Relations Commission. The Labour Court will incorporate the other current functions of the EAT and will become the single appeals body for all workplace relations appeals.

The new system has been designed to provide a more simple, independent, cost effective and timely service.

From the end of this year we will have:

• One authoritative information source
• A focus on assisting employers and employees to help them avoid and resolve disputes in the workplace
• An Early Resolution Service to facilitate resolution of disputes without the need to resort to a hearing or inspection
• A single Body of First Instance to decide on all complaints, with a single route to appeal,
• Common time limits for lodging complaints and appeals
• A just, fair and efficient adjudication service with a target period of three months from the time of complaint to hearing
• Written, reasoned and published decisions
• New compliance mechanisms to encourage compliance with employment law and to deal with non-compliance in a more efficient and proportionate manner
• Significant progress has been made in reform to date:
• All first instance complaints are now acknowledged and the employer is notified within five days of the complaint being lodged. Prior to the introduction of the Workplace Relations Customer Service in January this process was taking up to eight months in some cases
• The backlog for Rights Commissioner hearings has been reduced (it took an average of 142 days to schedule a hearing in 2010. Hearings are now scheduled by the LRC within a matter of weeks.)
• A Single Complaint Form replaced 30 existing complaint forms that currently accommodate over 100 specific complaint types across five institutions. The Single Contact Portal has dealt with over 3,500 complaints since January and 70% of all complaints received to date used the new form. A new release of the form was issued on March 30^th to take account of feedback from stakeholders and users.

Work is currently underway on the drafting of a Workplace Relations Bill to give effect to the reform and is expected to be enacted into legislation by Autumn.

Minister Bruton said at the release of the publication, April 5^th 2012  “I am determined to deliver real reform in this area so as to reduce costs for business and the taxpayer, and achieve better results for employers and employees.”