HR Topics

The European Court of Justice (ECJ) declared the Data Retention Directive invalid yesterday, 8th April, 2014, in response to a case brought by Digital Rights Ireland.

In 2006, Digital Rights Ireland initiated Court proceedings against the Irish State. The case brought the legality of the country’s data-retention legislation into question. The current data-retention legislation requires phone companies and internet service providers to store data about customer locations, e-mails, phone calls and text messages for a period not less than 6, and up to a maximum of 24, months.

In 2012, the High Court in Ireland referred the Digital Rights Ireland case to the European Court of Justice and, in 2013, the advisory legal opinion of Pedro Cruz Villalón, Advocate General, was that the Directive should be overturned. The Advocate General stated that the Directive was unlawful and not compatible with the Charter of Fundamental Rights.

In line with the Advocate General’s advisory legal opinion of 2013, the ECJ yesterday announced that the Directive, which “entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data”, was invalid.

Although the Directive itself has been found invalid, the national legislation brought in by individual E.U. countries to deliver it still stands. However, this ECJ judgment means that the Digital Rights Ireland case, which was initiated against the Irish State in 2006, can now proceed.

So, while it is unlikely that we will see an immediate change in the rules associated with the collection and storage of personal data by phone companies and ISP’s, the fact that the Digital Rights Ireland challenge has been allowed to proceed means that we should expect amendments to the legislation in the near future.

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Equality Tribunal awards €80k to employee subjected to discriminatory treatment. The former employee (the complainant) in this case commenced employment with her employer (the respondent) in 2003 – She was appointed Financial Controller in 2007 and her employment ended in February 2011. She referred a complaint under the Employment Equality Acts, 1998-2008 to the Equality Tribunal on 12 July, 2011.
 

The respondent, who had gone into liquidation by the time the Hearing took place in December, 2013 did not attend the Hearing.  The liquidator, who received adequate notice of the Hearing, chose not to attend either. The Hearing proceeded in their absence and the complainant built a case against her former employer in front of Equality Officer, Vivian Jackson.

According to the complainant’s uncontested evidence, she informed her employer that she was expecting her third child in November 2009. She alleged that her employer’s attitude towards, and treatment of, her worsened from this point. She had had a miscarriage in the summer of 2009 and, according to the complainant (Ms. M), her employer (Mr. W) responded to her November pregnancy news with the comment “Jesus Lisa, you don’t hang around”.

The complainant gave evidence that a few weeks after this comment her employer again referenced her pregnancy but this time it was in front of clients and his comment shocked her. The complainant gave evidence that Mr. W implied to the clients that he was not happy that she was pregnant and stated that ‘she was meant to stop after two’.

The complainant described an incident in January 2010 where she was involved in a car accident. She claimed that a doctor certified her as unfit for work for a week in order to ensure that she and her unborn baby were unharmed. Even though she did not have access to a vehicle for the period, the respondent told her that she was required to attend work the following Monday. Ms. M complied with her employer’s request because she was fearful of losing her job.

In February 2010, Ms. M requested a meeting in order to discuss cover during her maternity leave - this was due to begin at the end of April 2010. Mr. W agreed to hire an employee during the period that Ms. M was due to be on her protected leave. The complainant was under the impression that the new hire would begin work on a fixed term contract, however, during the course of the interview the successful applicant, Ms. S, asked about the duration of the contract and, to the complainant’s surprise, Mr. W said that he was ‘not sure that Lisa will be coming back to work’. The complainant said that she had never implied that she would not return to work and, in fact, not returning was ‘undesirable from a personal and professional point of view and impossible from a financial perspective’.

The complainant gave evidence that the respondent ‘froze her out’ – he undermined her with clients and changed arrangements regularly. He also began removing tasks from the complainant. Ms. M believes that this occurred because her employer no longer felt that, with three children, she would be committed to the company. The complainant demonstrated times where she had shown considerable commitment to the company in the past and said that the employer had no reason to believe that her commitment would diminish.

The complainant sought a meeting with Mr. W prior to her leaving for her maternity leave – she wanted to discuss her remuneration and benefits during the leave. In the past, the employee had been allowed to keep her company phone and car during the leave and the employer also topped up her state maternity benefit so she continued to receive her normal monthly net income throughout her maternity leave. This time it was different – Mr. W only offered the complainant a top-up payment of €150 per month – far less than what was offered during previous leave periods. Ms. M accepted this. To her surprise, Ms. M was obliged to return her company car and phone for the duration of her leave on this occasion.

Ms. M was due to complete her maternity leave at the end of January 2011 and in December 2010 she contacted her employer to give notice of her intention to return to work. She did not receive a response to this e-mail and so she e-mailed Ms. S, who had been hired to cover the period of maternity leave. Ms. S confirmed that Mr. W had received the complainant’s e-mail. Ms. S sent another e-mail on 6^th January 2011 requesting that Ms. M attend a meeting with Mr. W on 14^th January.

At this meeting, Ms M was notified that her role of Financial Controller no longer existed in its previous format within the new company structure. Ms M was informed that the role was redundant and that another position was available to her as an alternative. The new position was a more junior role that not only incorporated additional hours but also a 40% reduction in pay. Ms M was not satisfied with this – she found it to be an unacceptable alternative to the Financial Controller role and demonstrated that her original role was not in fact redundant as MS. S continued to perform Ms. M’s original duties and was listed as the company’s Financial Controller on the company website.

The complainant researched her position in light of the new role that her employer offered her as an alternative and realised that she was not obliged to accept the offer. The respondent offered Ms. M her original terms and conditions (including rate of pay and hours), however, the role that she was being asked to perform going forward was a clear demotion and a serious reduction in responsibility. She requested to return to her role as Financial Controller. Again it was expressed by the respondent that this role was redundant and he offered her 14 days to decide whether or not to take the new role of ‘Credit Control Manager’. Ms. M said that she was only happy to return to her original role and stated why the new offer was unacceptable in light of the fact that her original role clearly still existed. Mr. W wrote to Ms. M a number of days later rejecting her arguments and adding that, as she had not reported for duty, he considered her to have resigned.

Vivian Jackson, Equality Officer, found that Ms. M had been subjected to a range of unlawful treatments. Her employer made it impossible for her to proceed wither pre maternity leave role and essentially dismissed her. The Equality Officer ordered that the respondent pay the complainant €80,000.00 in compensation for the discrimination inflicted on her.

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The number of cases annually referred to the Employment Appeals Tribunal increased three fold during the Irish economic recession and the average compensation awarded by the Tribunal in Unfair Dismissal cases rose from €11,476.00 to €18,047.85 between 2009 and 2011.

 

During this time of economic hardship Employers must pay even closer attention than ever before to their expenditure. Many organisations are forced to downsize and - in this era of increased Employee Litigation - making sure you follow appropriate procedures in redundancy or disciplinary scenarios, for example, is growing in importance.


It is at times like these that Companies need to concentrate on their Human Resource functions even more. Some elements of HR, however, can be both complicated and time consuming – an enormous burden on Employers. In recent years the focus has moved towards legal compliance (which can be a minefield with all of the pieces of Employment Legislation currently in operation) and administrative processes that can slow down the productivity of the firm.

For SMEs in particular, it makes a lot of business sense to outsource HR tasks as firms specialising in the field can improve efficiency dramatically. Outsourcing allows Companies to offload work that isn’t part of their core business. It also saves money. At a Company that doesn’t have the funds to hire specialists outsourcing can allow it to gain access to a vendor’s services when required as well as the expertise and wealth of experience that they have accumulated – all at an affordable price.   

While SMEs don’t have the same number of Employees as larger corporations and multinationals they still require the same HR elements on a smaller scale. For instance, they still need to recruit staff, they still need to abide by the vast array of Employment Laws and still require Employment Documentation (Contracts of Employment etc.).
 

Although some Companies do it, most SMEs cannot justify spending a large portion of their annual budget setting up a HR department comprehensive enough to incorporate the abundance of skills required to achieve a smooth-functioning, compliant working environment. Consequently, more and more Companies are choosing to outsource operations like HR and are directing vital, scarce, finances and resources towards other core/revenue-generating areas of the business.

On the other hand, some Employers end up trying to balance HR duties in addition to their other responsibilities which can leave opportunities for threats and vulnerabilities to creep in. As time goes by many Employers are realising that assigning a large percentage of their time to one area is not just inconvenient but impractical, too. Juggling all elements of a business without assistance can be extremely difficult and for this reason many Employers are opting for the cost-effective third party route which involves the use of an external HR Company. This gives them enhanced peace of mind and confidence that they are working within the confines of all Employment Legislation. Outsourcing Companies can deal with HR successfully and as a priority so that Employers do not have to concern themselves with the associated time constraints and conflicts. Companies can eliminate exposures they did not even know existed quickly and in a cost-effective manner by availing of the services of a HR Company.

HR Companies deal with all features of Human Resources comprehensively. They have a base of specialist Employees who are trained and experienced in all areas of Employment Law – meaning they are fully equipped to deal with any Employee Relations issues that arise in the workplace. Engaging the services of HR professionals gives Employers access to a bank of relevant knowledge and experience. HR Companies are well prepared to support or advise SMEs without costing an arm and a leg. They keep up-to-date with all changes in Irish Employment Legislation and are able to offer better support and guidance than the client can attain in-house. Navigating Government regulations can be a draining activity for Employers - it can be a time consuming and complicated process, however, it is what HR advisors are trained to do.

HR firms can do a lot more than you might think – not alone do they have a top-class portfolio of skills, knowledge and experience concentrated in this specific area. They can offer a range of services and support at an extremely affordable price. Some HR Companies provide comprehensive services for as little as €100 per month – Hiring a HR Employee, even on a part-time basis, would cost far in excess of this. Similarly, many Employers currently engage the services of Solicitors to prepare Contracts of Employment and other Employment Documentation – this can also be an extremely costly process.  
 
HR Companies prepare Employment Documentation for their clients and on top of that they are there to advise on all individual Employee-related issues – discrimination claims, rest or annual leave entitlements, disciplinary and redundancy procedures, dismissals, grievances and much more. Lots of Companies operate outside of office hours and so some HR Companies even provide 24/7 advice lines for their clients meaning a client will never have an anxious wait for an answer. HR firms also provide support to existing HR departments within Companies - the level of service and associated costs are completely dependent on the needs of the individual Company.

HR firms are growing in popularity. In the past outsourcing was often a difficult process because of the issues distance can sometimes create. Thanks to the advances in technology, however, dedicated HR experts are only a couple of clicks or a phone call away – so Human Resource emergencies can be dealt with on the spot.

 

Reasons influencing decision to co-source:

Improve cost-effectiveness

Reduce administrative costs

Redirect HR focus toward strategy/planning

Allow company to focus on core business

Provide seamless delivery of services

Capitalise on technological advantages/expertise

Improve customer service

Have insufficient staff

Decrease response time to clients

Increase flexibility in handling special needs

Increase level of accuracy

Control legal risk/improve compliance

  

Tangible Cost Savings:

Reduce employee turnover

Control absenteeism

Efficient use of HR systems & applications

Reduce administration costs

Flexible cost base

Training expense

Hiring costs

 

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A Positive Working Environment is essential in order to ensure high levels of productivity. This kind of workplace promotes efficiency and makes sure staff are satisfeid in their roles and with their colleagues. A Positive working environment ensures conflict in the workplace is minimal and daily business operations, in general, run smoothly!

 

 

What to do to create a Positive Working Environment...

1. Build Trust between all stakeholders

2. Communicate Positively and Openly – Transparency is key

3. Create Team Spirit – Cooperation and Synergy is hugely important

4. Be an approachable employer/manager so that issues are raised early

5. Expect the best from your employees and they will be encouraged to give you their best

6. Recognise  your employees and their hard work and they will always work hard for you

7. Give credit where credit is due and take responsibility for your actions

8. Carry out employee evaluations and reviews and make the experience a positive one

9. Provide a physical environment that is positive – make them want to come to work

10. Make the work environment interesting – this will encourage creative thinking

These tips are derived from the guidelines set out by the Workplace Relations website http://www.workplacerelations.ie/en/.

 

Click the image below to download your Staff Suggestions Form

 

 

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A group of 27 low income cleaners who work for the South Dublin County Council were delighted yesterday, Thursday 20^th March 2014, when they were successful in their fight to keep their ‘Working In The Rain’ allowance which works out at approximately €50 per week per employee. 

The Labour Court ruling was in response to attempts by South Dublin County Council to abolish the allowance.

Brendan O’Brien of SIPTU described the ruling as a ‘significant victory’ as the outcome has been hanging over the workers involved for an extended period of time.

The workers, who perform street and park cleaning duties for the Council, are paid between €400 and €500 on average per week so the ‘Working In The Rain’ allowance amounts to approximately 10% of their income each week.

The cost of the ‘Working In The Rain’ allowance to the Council is approximately €75,000 per year and the Council claimed that this payment is outdated because all of the employees now have the benefit of protective clothing to ensure they can carry out their duties safely - irrespective of the external weather conditions. The Council claimed that the group of 27 workers affected by this ruling are currently part of a larger group of approximately 140 workers who are all required to work in rainy  weather conditions (unless it is unsafe to do so).  

SIPTU argued that the payment is pensionable and, consequently, to cease paying the allowance would breach the terms of the Haddington Road Agreement.

The dispute, which could not be resolved at local level, was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission and, when no agreement was reached there the dispute between the workers and the Council was referred to the Labour Court in accordance with 26(1) of the Industrial Relations Act, 1990.

The Labour Court ruled that the Claimants (the workers) are entitled to retain the allowance on a personal to holder basis.

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The HR Company provides Mediation as an Alternative Dispute Resolution practice.

Workplace mediation involves a third, neutral party bringing two disputing individuals (or groups) together in order to reach an agreement that satisfies both sides. This type of dispute resolution is gaining credibility as an alternative to court/formal proceedings and The HR Company employs experienced mediators who help your workplace to return to a healthy environment. 

 

As many of us know, clashes in the workplace can be extremely disruptive – not just to those directly involved but to bystanders also. Conflicts can arise for multiple reasons – for example, they can be as a result of a dispute over performance or something as simple as a personality clash. Conflict can severely impede an organisation’s ability to run efficiently and can damage employee well-being. It can cause stress, anxiety and depression. Conflict can increase employee turnover and can negatively influence reputation in the industry as well as delaying the Company’s achievement of its corporate goals.

Another negative consequence of a dispute in the workplace is a decrease in productivity levels. Similarly, morale within the Company can be influenced in a negative manner as a result of work-related disputes and levels of employee absence can also increase. It is clear that workplace disputes can have extensive side effects.

In an effort to resolve matters, parties are regularly forced to attend Employment Appeals Tribunal/Labour Court proceedings. However, this is not always the best course of action as, in our experience; these processes can often lead to a complete breakdown in relationships and can prove to be extremely lengthy and costly.

In fact, these methods can often aggravate matters as, typically, only one party is satisfied with the conclusion and resources, including time and finances, have often been significantly drained throughout the process.

In some instances, mediation can be an acceptable alternative to court proceedings when disputes arise in the workplace. Mediation is a confidential process where our experienced mediators encourage both parties to discuss all elements of the dispute without fear that their legal position could be compromised or prejudiced. Mediation can encourage a more swift resolution of differences and aims to find a solution that satisfies all parties while avoiding the types of adversarial procedures that have become very common in this era of increased employee litigation. Efficient working relationships can often be restored through the practice of mediation.

 

 

 

Mediation is an informal approach to dispute resolution. It can be used in an attempt to resolve a vast range of differences. In our experience, mediation is most effective when introduced at the initial phase of disagreements, however, it can also be availed of later in the process – after Tribunal proceedings have concluded, for instance. At this stage mediation could assist in repairing the relationship between the parties that have been in conflict.

When we are engaged by a Company to perform mediation, an unbiased facilitator assists the two parties to a dispute in reaching an agreement by listening to and understanding both sides to the story. The purpose of a skilled mediator is to encourage the parties to arrive at a mutually satisfactory solution. Our role as a neutral third party is not to judge or to determine who is at fault but, instead, to enable the meaningful exchange of information between parties with an ultimate goal of resolving the conflict. The HR Company mediator will not determine the outcome – this should come from the disputing parties. Mediation is morally binding but normally does not carry any legal status. There is usually one mediator or two co-mediators.

One significant advantage of mediation is that it tends to be far less of a financial burden when compared to formal proceedings. Both parties to a dispute are encouraged by The HR Company’s skilled mediator to talk very honestly and openly during the process and, as a consequence of that, mediation can assist in the discovery and resolution of the root cause of the conflict that exists in the workplace and can prevent the same situation from arising in the future. This is less likely to be the case in a Tribunal type scenario.

 

 

Mediation is not always a suitable dispute resolution method, however, if it is determined that it is appropriate then it can involve either an internal scheme or an external provider like The HR Company. Internal schemes mainly exist in larger organisations.

During mediation The HR Company’s neutral mediator chairs the process which helps to dispel tension that may have built up between disputing parties. It is vital that levels of tension in the workplace are minimal especially where the parties are expected to continue to work together. The process can take an entire day or more. Either way the process is far less time consuming than going through the courts.

Mediation is beneficial because it is a voluntary non-confrontational process – both parties will be more likely to co-operate as neither is obliged to be involved in the process.

The stages of mediation are as follows:

• Normally, both parties meet with the mediator separately initially so that the procedure can be discussed and so each party has the opportunity to illustrate their ideal outcome.

• Usually a joint meeting is then scheduled in order that the issues may be heard.

• Next, the issues are explored and an agreement is drawn up. The mediator will support the parties in solving their problems and will assist in ensuring that the agreements are workable. If he or she feels that it is necessary, the skilled mediator will separate the parties and will deal with them individually at various points.

• The last stage in the process includes the explanation of responsibilities and the distribution of a copy of the agreement to all involved.

Sometimes, unfortunately, no agreement is reached. If this is the case then nothing that has been discussed throughout the mediation process may be used in any future proceeding should they take place.

If you feel as though your employees may benefit from mediation please contact us so that we may discuss the process with you further.

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In recent years Stress and Work Related Stress (WRS) have been cited more and more regularly on medical certificates provided to employers when employees are out of work on sick leave.

While, for some people, a certain amount of stress can actually act as a challenge or a motivating factor, Work Related Stress generally has an adverse effect on employees and, consequently, on business operations.

A broad definition of Work Related Stress (WRS) is a negative personal state that arises in response to aspects of the work environment or how a person perceives the work environment to be. Work Related Stress gives the sufferer the feeling that he or she cannot cope with their current situation and that the demands placed upon them exceed their ability to actually fulfil those demands.

The source of this Work Related Stress can lie in the home or personal life of the sufferer and can be exacerbated by work issues or it can come directly from the work environment. The origin of the stress varies depending on many factors.

Causes of stress can include, for example:

• a lack of definition or ambiguity around organisational tasks,
• a lack of control or support,
• poor relationships with colleagues,
• long working hours,
• unachievable deadlines and time pressures,
• too many tasks to complete at one time,
• significant change to an employee’s role,
• expansion of the company,
• poor systems for dealing with bullying,
• a sense of job insecurity and
• barriers to communication

 

Stress that manifests itself in the workplace can lead to higher accident levels and higher levels of absenteeism due to ill-health. It can lead to low morale and issues with productivity. All of these have very negative implications for employees as well as employers.

Stress can have short or longer lasting effects – this depends on many factors; the number and severity of the issues leading to the stress, the person involved and their response to the issues (e.g. their age/personality style/emotional state), the length of exposure and the internal/external support structures available to the sufferer.

Stress can cause anger and frustration – it can lead to irritability and emotional distress or depression. In extreme circumstances it can lead to an inability to sleep properly as well as unhealthy habits such as gambling, smoking, drinking and eating irregularly. Medical conditions such as high blood pressure are associated with prolonged or extreme periods of stress.

Stress can manifest itself in many different forms. According to the Health and Safety Authority’s booklet on Work-Related Stress the effects of stress fall into four categories: Mental, Physical, Behavioural and Cognitive.

What this means is that stress can negatively impact how the mind works, how the body works, the things that we do (voluntarily and involuntarily) and the way that we think.

It is clear that it is in everyone’s best interest to limit Work Related Stress where possible.

Stress can necessitate remedial action in order to reverse its effects – this can be something as simple as a minor change in eating, sleeping or exercising practices or it can require something as extreme as inpatient care in a clinic or hospital.

Employers in Ireland are obliged, as far as is reasonably practicable, to ensure that the health and safety of their employees is not under threat. Employers must not place unreasonable demands on employees in the course of their employment.

It is essential for employers to put preventative measures in place. We advise employers to carry out risk assessments in order to ensure that demands on employees are reasonable. A risk assessment or audit should highlight any problem areas and these should be addressed as soon as possible to avoid the emergence of Work Related Stress.

Absenteeism, staff turnover, levels of injury rates of illness are less of a concern in companies where employees cite low levels of Work Related Stress so investing some time and resources in preventative measures is a worthwhile activity.

Employers can help to reduce Work Related Stress by ensuring that organisational and employee goals are clear. Stress can also be minimised if employers respect their employees and give them constructive feedback and recognition on their performance. Practicing consistent and fair management methods will limit stress levels. Allowing employees to be involved in the decision making process will also have a positive effect on the levels of stress experienced by employees within an organisation.

 

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Employers are legally obliged to provide workers with a written statement of the employment agreement between the two parties (the contract) within two months of the employee commencing employment.

 

Have you heard of NERA?

The National Employment Rights Authority (NERA) delivers unprejudiced information on employment rights legislation to employers and employees in Ireland. NERA is charged with monitoring the employment rights of employees within the country. NERA inspectors perform various checks around the country and investigate suspected breaches of employment rights – it is important to bear in mind that a significant number of these inspection are unannounced. If NERA finds that an employer is not complying with employment rights legislation inspectors will seek reparation from the employer on behalf of the employee. In certain circumstances prosecutions against the employer may result.

NERA has the power to chase awards made by the Labour Court, the Rights Commissioner or the Employment Appeals Tribunal.

In order to pass a NERA inspection; employers must have provided their employees with clarity on the terms and conditions of their employment. The contract should explain the relationship between the employer and employee and should not leave any room for misinterpretation or confusion.

A contract outlines the requirements of the position and conditions the person must work against. In the event of poor performance the employer can refer to the contract and all conditions contained therein, and manage the employee against such conditions.

Having a contract in place will offer protection to the company in the event of a dispute or issue arising. This document will safeguard the company in the event of employee litigation or labour court hearings.

 

Items that must be included in the written terms of employment are:

•Full name of employer

•Full name of employee

•The address of the employer

•The place of work (if there is no permanent place of work, a statement specifying that the employee is required or permitted to work at various places)

•Appointment/job role – The title or description of the job or the nature of the work for which the employee is employed

•The date of commencement of the contract

•If the contract is temporary, the expected duration of employment

•If the contract is for a fixed-term, the date on which the contract expires; if the contract is for a fixed purpose, then the details of the occurrence of that specific purpose

•The rate of pay, the method of calculation and the frequency of payment (this clause should also include provisions on any permissible deductions in accordance with the Payment of Wages Act, 1991

•The period of notice required from each party to terminate the contract

•The terms and conditions applicable to sick pay, if any

•The terms and conditions applicable to pension schemes, if any

•The terms and conditions relating to paid leave if any

•The terms or conditions relating to hours of work, including overtime

•Reference should be made to any collective agreement affecting the terms of the contract, whether or not the employer is a party to the agreement, including information about the institutions or organisations which drew up any Collective Agreement which affects the terms of the contract to which the employer is not a party.

 

 

An Employee Working Abroad is also entitled to details of the following:

•The period of employment outside the State

•The currency in which they will be paid

•Any other benefits-in-kind or cash that will be provided

•The terms and conditions applicable on the employee's return home

 

 

Here are examples of some further terms and conditions of employment that are not required by law but are highly recommended:

•Probationary Period and Probation Policy

•Hours of work / additional hours / overtime / shift liability / weekend liability / night work liability / public holiday liability

•Performance related bonuses

•Absence Management

•Medical examination

•Holidays, public holidays, all other forms of leave

•Grievance and Disciplinary Procedures

•Confidentiality

•Company Property

•Phone and Mobile Phone Usage

•Right to Inspect / Search

•Drugs & Alcohol Policy / Right to Test for Intoxicants

•Retirement

•Company Rules and Regulations

•Bullying and Harassment / Respect and Dignity at Work

•Internet, Email & Social Media Usage

•Use of Company Vehicles

•Suspension without pay

•Break and rest periods / exemption provision for employer for recording breaks

•Return of company property

 

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The Significance of Waste Management in Business. With mounting expenses it is becoming increasingly difficult for companies to remain in operation and to maintain employee numbers.

Managers are faced with a difficult task as they are continuously asked to reduce costs while simultaneously preserving the quality and service levels throughout the business. 

Every company should implement a minimum waste policy to encourage employees to be more aware of their actions and their use or misuse of resources in the workplace and beyond.

 

Minimising the amount of waste in any organisation will have a positive effect on the bottom line. Consequently, introducing a minimum waste policy is essential if the business is to operate in the most cost-effective and efficient manner possible.

 

Employees should be obliged to avoid extravagant use of the company’s services, time and energy. Employees should be encouraged to take extra care during their normal work duties by avoiding unnecessary use of any resources within the Company.

Employees should be trained so that they handle all machines, equipment and stock with the utmost of care. Employers should have a policy in place that deals with the conservation of energy.

This policy would direct employees as to how they should proceed when it comes to dealing with lights and heat and so on. The use of all unnecessary lighting and heating should be prohibited and lights/heat should be turned off when their use is not required.

 

Doors/windows should be opened/closed where possible in order to maintain temperature levels. Similarly, taps should not be allowed to drip and any concerns about resources should be reported to management so that they may be evaluated and rectified.

The use of paper and ink throughout the course of the working day is something that a lot of companies find to be expensive. It is important that employees only print items that they need to have in hardcopy in order to reduce the waste of paper and ink. It is also significant for employers to encourage employees to print on both sides where possible. E-mailing, rather than posting, documents is another practice that should be encouraged. Recycling/reusing paper, where possible, is also a practice that should be considered.

If it is a case that an employee finds himself or herself without assignments to complete during working hours or if their work has come to a standstill for one reason or another then he or she should be encouraged to offer assistance to colleagues who have yet to complete their workload.

In terms of productivity, employees should be prepared to start their working day by the time they are scheduled to begin work and should proceed with their work-related activities without delay. The same process should be followed after break/lunch periods and employees should not conclude their work until the time that they are scheduled to do so.

If it becomes apparent that certain employees are struggling to organise their time then the provision of time-management training should be considered by management. It is also important to ensure that employees are aware of the most efficient methods of carrying out routine tasks (such as searching for documents or preparing spreadsheets) so time is used in the most efficient manner possible.

There are many techniques that a company can use to improve efficiency and exploring and implementing these methods is very important if a company is to remain competitive.

 

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Workplace mediation involves a third, neutral party bringing two disputing individuals (or groups) together in order to reach an agreement that satisfies both sides. This type of dispute resolution is gaining credibility as an alternative to court/formal proceedings.

As many of us know, clashes in the workplace can be extremely disruptive – not just to those directly involved but to bystanders also. Conflicts can arise for multiple reasons – for example, they can be as a result of a dispute over performance or something as simple as a personality clash. Conflict can severely impede an organisation’s ability to run efficiently and can damage employee well-being. It can cause stress, anxiety and depression. Conflict can increase employee turnover and can negatively influence reputation in the industry as well as delaying the Company’s achievement of its corporate goals.

Another negative consequence of a dispute in the workplace is a decrease in productivity levels. Similarly, morale within the Company can be influenced in a negative manner as a result of work-related disputes and levels of employee absence can also increase. It is clear that workplace disputes can have extensive side effects.

In an effort to resolve matters, parties are regularly forced to attend Employment Appeals Tribunal/Labour Court proceedings. However, this is not always the best course of action as these processes can often lead to a complete breakdown in relationships and can prove to be extremely lengthy and costly.

In fact, these methods can often aggravate matters as, typically, only one party is satisfied with the conclusion and resources, including time and finances, have often been significantly drained throughout the process.

In some instances, mediation can be an acceptable alternative to court proceedings when disputes arise in the workplace. Mediation is a confidential process where parties are encouraged to discuss all elements of the dispute without fear that their legal position could be compromised or prejudiced. Mediation can encourage a more swift resolution of differences and aims to find a solution that satisfies all parties while avoiding the types of adversarial procedures that have become very common in this era of increased employee litigation. Efficient working relationships can often be restored through the practice of mediation.

 

 

Mediation is an informal approach to dispute resolution. It can be used in an attempt to resolve a vast range of differences. Mediation is most effective when introduced at the initial phase of disagreements, however, it can also be availed of later in the process – after Tribunal proceedings have concluded, for instance. At this stage mediation could assist in repairing the relationship between the parties that have been in conflict.

Mediation is where an unbiased facilitator assists the two parties to a dispute in reaching an agreement. The purpose of a skilled mediator is to encourage the parties to arrive at a mutually satisfactory solution. The role of this neutral third party is not to judge or to determine who is at fault but, instead, he or she is there to enable the meaningful exchange of information between parties with an ultimate goal of resolving their conflict. The mediator should not determine the outcome – this should come from the disputing parties. Mediation is morally binding but normally does not carry any legal status. There is usually one mediator or two co-mediators.

One significant advantage of mediation is that it tends to be less of a financial burden when compared to formal proceedings. Both parties to a dispute are encouraged to talk very honestly and openly during the process and, as a consequence of that, mediation can assist in the discovery and resolution of the root cause of the conflict that exists in the workplace and can prevent the same situation from arising in the future. This is less likely to be the case in a Tribunal type scenario.

Mediation is not always a suitable dispute resolution method, however, if it is determined that it is appropriate then it can involve either an internal scheme or an external provider. Internal schemes mainly exist in larger organisations.

During mediation the neutral mediator chairs the process which helps to dispel tension that may have built up between disputing parties. It is vital that levels of tension in the workplace are minimal especially where the parties are expected to continue to work together. The process can take an entire day or more. Either way the process is far less time consuming than going through the courts.

Mediation is beneficial because it is a voluntary non-confrontational process – both parties will be more likely to co-operate as neither is obliged to be involved in the process.

The stages of mediation are as follows:

1. Normally, both parties meet with the mediator separately initially so that the procedure can be discussed and so each party has the opportunity to illustrate their ideal outcome.

2. Usually a joint meeting is then scheduled in order that the issues may be heard.

3. Next, the issues are explored and an agreement is drawn up. The mediator will support the parties in solving their problems and will assist in ensuring that the agreements are workable. If he or she feels that it is necessary, the skilled mediator will separate the parties and will deal with them individually at various points.

4. The last stage in the process includes the explanation of responsibilities and the distribution of a copy of the agreement to all involved.

Sometimes, unfortunately, no agreement is reached. If this is the case then nothing that has been discussed throughout the mediation process may be used in any future proceeding should they take place.

 

 

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