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/.

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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In The Rain’ allowance to the Council is approximately €75,000 per year and the Council claimed that this payment is outdated because all of the employees now have the benefit of protective clothing to ensure they can carry out their duties safely – irrespective of the external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.

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.

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.

The results of a recent Europe-wide survey, which were reported on in TheJournal.ie’s article Irish workplaces among worst in Europe for bullying, highlighted worrying levels of bullying within companies in Ireland. According to the survey, Ireland is the 7^th worst country in Europe when it comes to workplace bullying with a significant 6% of employees claiming to experience it.

Tom O’Driscoll, SIPTU’s Head of Legal Affairs, explained that “It can be physical abuse but it’s usually abusive name-calling, putting undue pressure on people, singling people out, commenting on their performance…” etc.

Bullying in the workplace is any recurring inappropriate conduct that undermines a person’s right to dignity at work. Bullying can be carried out by one person or by several people – it is aimed at an individual or a group where the objective is to make them feel inferior or victimised. Bullying can come in the form of a verbal or physical assault and can also take place over the internet – this is known as cyber bullying and can be performed via many methods – Mobile phones, social networking sites, emails and texts are all common vehicles for cyber bullying. Cyber bullying is becoming more and more prevalent in society.

Keep in mind that harassment based on civil status, family status, sexual orientation, religion, age, race, nationality or ethnic origin, disability or membership of the Traveller community is considered discrimination.

Harassment in the workplace is prohibited under the terms of the Employment Equality Acts. The Act of harassment – whether direct or indirect, intentional or unintentional – is unacceptable and should not be tolerated by any company.   Any allegations should be dealt with seriously, promptly and confidentially with a thorough and immediate investigation. Any acts of harassment should be subject to disciplinary action up to and including dismissal.  Any victimisation of an employee for reporting an incident, or assisting with an investigation of alleged harassment and/or bullying is a breach of Equality Legislation and should also be subject to disciplinary action.

Bullying or harassment isn’t always obvious – in fact it can come in many shapes and forms – some examples are:

•Social exclusion or isolation                                                                                                                                             

•Damaging someone’s reputation through gossip or rumour                                                                                               

•Any form of intimidation                                                                                                                                                 

•Aggressive or obscene language or behaviour                                                                                                            

•Repeated requests for unreasonable tasks to be carried out

Employers – Did you know that you can be held accountable for bullying or harassment in the workplace?

……..Not being aware of it does not get you off the hook!

Under current Irish Employment Legislation (The Employment Equality Acts 1998-2011) companies are accountable when it comes to bullying and harassment in the workplace. It is vital for employers to be mindful of the legislation as companies are answerable for the actions of employees, suppliers and customers even in cases where the company is not aware that bullying or harassment is taking place.

To defend itself; a company must illustrate how it did everything reasonably practicable to prevent bullying and/or harassment from taking place in the workplace. The company must also show that when an instance of bullying or harassment occurred the company took immediate, fair and decisive action.

There is a huge risk of exposure if companies do not adhere to the strict Regulations. Those found in violation of the Act may be liable for fines and in severe circumstances imprisonment on summary conviction. Companies can also end up paying out large sums in compensation.

Sample award – In June 2013, a fast food company in Blackpool, Cork was forced to pay €15,000 after two employees were subjected to sexual harassment by another employee. 

An Equality Tribunal ruling found that a lesbian couple, who both worked for the restaurant in Cork, were forced to endure obscene remarks and queries about their relationship and sexuality from another employee at the branch.

The Tribunal found that management at the restaurant failed in their duty to take the appropriate steps to protect the women. They failed in their responsibilities to their employees and consequently were instructed to pay €15,000 to the couple.  

Under Irish Employment Legislation it is the duty of the employer to provide a workplace that is safe for lesbian women and gay men to be open about their sexuality.  

This is something that all employers need to pay close attention to. 

Bullying creates a very hostile work environment and can negatively affect employee performance – It can lead to disengagement and low levels of morale. It can also cause a company to lose key members of staff. Bullying can affect both the safety and the health of employees – this violates the Safety, Health and Welfare at Work Act 2005.

It is abundantly clear that it is in the best interest of all stakeholders to prevent bullying or harassment of any form in the workplace.

Employers need to be vigilant and need to make more of an effort to consciously crack down on this type of activity.

In order to avoid bullying and harassment an employer should include harassment-related policies and procedures in the Employee Handbook – A Dignity at Work Policy should be communicated clearly to employees. This will clarify what is expected of employees and what the protocol/repercussions are if bullying/harassment does occur.

The Europe-wide survey found that females between the ages of 30 and 49 are most likely to be bullied at work. Males between the ages of 15 and 29 are the second most likely group to experience bullying.  Women in the same age group are most likely to experience sexual harassment.

In December 2013 the Immigrant Council of Ireland (ICI) brought our attention to a shocking statistic when it revealed that the number of racist incidents reported in Ireland in the first 11 months of 2013 had jumped 85% on the same period in 2012. The racism reported related to alleged discrimination, written harassment, verbal harassment and physical violence. A massive 20% of the reported incidents of racism occurred in the workplace.

   The area of workplace bullying clearly requires immediate attention in Ireland.

Employers, as you may be aware, the National Employment Right’s Authority (NERA) conducts thousands of inspections (many of which are unannounced) annually. It is within NERA’s remit to investigate your compliance with Irish Immigration and Employment Permit legislation.

Did you know that employers could be seriously penalised for employing individuals who do not have valid employment permits?

•             The Employment Permits Acts 2003 to 2006 make it a criminal offence for a foreign national to work without an employment permit. Employers are committing an offence themselves if they employ a foreign national without a valid work permit.

•             The Acts place an onus on the employer to carry out checks in order to be satisfied that a prospective employee does not require an employment permit, and, if he or she does, that they have obtained one.

•             NERA inspectors are authorised to exercise powers under the Employment Permit Acts. If, during an inspection, NERA finds evidence showing that an employee does not have a valid employment permit, both the employer and employee are advised of the need to correct the situation. They are also informed of the consequences of failing to do so.

•             An employer failing to rectify matters could be prosecuted. NERA commenced initiating proceedings under S.2 of the 2003 Act in 2012.

•             An Garda Síochána are also an enforcement authority under Employment Permits legislation with prosecution powers.

Who needs an Employment Permit?

According to the Department of Jobs, Enterprise and Innovation, a non-EEA national (except in the cases listed below) requires an employment permit to take up employment in Ireland. The EEA comprises the Member States of the European Union together with Iceland, Norway and Liechtenstein.

Employment permit (or work permit) holders are only allowed to work for the employer and in the occupation named on the permit. If the holder of an employment permit ceases to work for the employer named on the permit during the permit’s period of validity, the original permit (along with the certified copy) must be returned immediately to the Department of Enterprise, Trade and Innovation.

Citizens of non-EEA countries who do not require Employment Permits include:

•             Non-EEA nationals in the State on a Work Authorisation/Working Visa

•             Van der Elst Case The European Court of Justice delivered a judgement on the Van der Elst Case (Freedom to Provide Services) on 9 August, 1994. The Court ruled that in the case of non-EEA workers legally employed in one Member State who are temporarily sent on a contract to another Member State, the employer does not need to apply for employment permits in respect of the non-nationals for the period of contract.

•             Non-EEA nationals who have been granted permission to remain in the State on one of the following grounds:

•             Permission to remain as spouse or a dependent of an Irish/EEA national;

•             Permission to remain as the parent of an Irish citizen;

•             Temporary leave to remain in the State on humanitarian grounds, having been in the Asylum process.

•             Explicit permission from the Department of Justice, Equality and Law Reform to remain resident and employed in the State

•             Appropriate business permission to operate a business in the State

•             A non-EEA national who is a registered student

Swiss Nationals: In accordance with the terms of the European Communities and Swiss Confederation Act, 2001, which came into operation on 1 June, 2002, this enables the free movement of worker between Switzerland and Ireland, without the need for Employment Permits.

It is imperative that every labour market opportunity is afforded to Irish and other EEA nationals in the first instance. This is also in accordance with EU obligations and recognises that Ireland’s labour market is part of a much greater EEA labour market which affords a considerable supply of skilled workers.

An interesting point to note is that work permits will not be considered for certain occupations.

Since April 10^th 2013 occupations listed as ineligible for work permits are as follows:

•             Hotel, tourism and catering staff except chefs

•             Work riders – horseracing

•             Clerical and administrative staff

•             Drivers (including HGV drivers)

•             Nursery/crèche workers, child minders/nannies

•             General operatives and labourers

•             Operator and production staff

•             Domestic workers including carers in the home and child-minders*

•             Retail sales staff, sales representatives and supervisory or specialist sales staff**

•             The following craft workers and apprentice/trainee craft workers: bookbinders, bricklayers, cabinet makers, carpenters/joiners, carton makers, fitters – construction plant, electricians, instrumentation craftspeople, fitters, tilers – floor/wall, mechanics – heavy vehicles, instrumentation craftspersons, metal fabricators, mechanics – motor, originators, painters and decorators, plumbers, printers, engineers – refrigeration, sheet metal workers, tool makers, vehicle body repairers, machinists – wood, plasterers and welders

* In exceptional circumstances an employment permit may be granted for a carer who is a medical professional caring for a person with a severe medical condition or for a carer who has a long caring relationship with a person with special needs where there are no alternative care options

** Specialist language support and technical or sales support with fluency in a non-EEA language in respect of those companies that have formal support from the State’s enterprise development agencies earning at least €27,000 a year may apply for a work permit.

Conducting regular meetings between employees and managers is a good way to keep lines of communication open. However, sometimes people are reluctant to speak out in an open forum, particularly where they have something negative to say or where they have an issue involving someone else who is included in the meeting.

Employee surveys are an ideal way for employees to share their opinions about their job and work environment etc. Confidential surveys tend to encourage honesty and can prove to be of great assistance to employers. Employee participation should be encouraged. Employees will feel as though their input is valued if attention is paid to their suggestions/recommendations. If action is taken by the employer as a result of employee opinions, morale amongst workers can be increased and relationships between the employer and their employees can be drastically improved. This has a positive effect on productivity.

Similarly, as employees leave the company; an exit interview should be carried out. This can be very beneficial for the employer as it can, for instance, give the employer an insight in to the reasons behind the employee’s departure. It can also highlight other issues that exist within the business – issues that management may not necessarily already be aware of. It can also reveal what is working well and where resources should be focused. People tend to be more open and honest about what they are feeling when they know that divulging the information will not have any negative bearing on them.

Not asking the opinion of a departing employee is a wasted opportunity.

It is important to give employees the opportunity to elaborate on their answers and to encourage them to give you as much information as possible – the more information that they impart the better. Leave an additional space for them to comment on issues that you may not have thought to include.

Here are some examples of questions that should be included in an exit interview:

• How long were you employed by the company?
• Were you in a supervisory role?
• Were you a full-time or part-time employee?
• Did you resign or was your employment terminated? If other, please explain.
• If you resigned, what were your reasons for leaving the company? Please list all reasons. (E.G: Geographical Location, Family Circumstances, Career Development etc.)
• If you left for a new position, was the salary offered greater than your salary here? If so, please reveal the approximate percentage difference.
• Can you explain why the new position (if relevant) was more desirable than your position here?
• What might have motivated you to remain in your current position? (E.G: Improved Benefits, More Time-Off, Less/More Travel, Promotional Opportunities etc.)

• What impacted your decision to leave the company? (E.G: Lack of Equipment/Information, Work that did not Challenge, Too much/Too little work, Pressure, Remuneration/Benefits, Other Personnel, Relationship with Supervisor/Co-workers, Morale, Teamwork, Goals, Harassment, Organisational Structure, Physical Environment etc.)
• Can you please tell us about your positive experiences with the company? (E.G: Benefits, Hours, Facilities, Your Supervisor, Co-Workers, Personnel Practices/Policies, Physical Environment/Work Area, Development Opportunities, Level of Support etc.)
• Do you feel as though you received adequate consideration for positions that you applied for? Please explain your answer.
• Do you feel as though your work was fairly evaluated through performance reviews during your employment? Please explain your answer.
• Do you feel as though your monetary recognition was in line with your performance? Please explain your answer.
• Was the frequency/level of your recognition appropriate? Please explain your answer.
• Do you feel as though you received adequate training for your position and the duties you were required to carry out? Please explain your answer.
• Did you have adequate resources, equipment, support and information to carry out your job well? Please explain your answer.
• Was your work environment free of sexual, religious, age and/or racial discrimination? If no, please explain in detail.
• Were you satisfied with the quality and quantity of feedback received from your supervisor about your performance? Please explain your answer.
• Were you kept well informed on what was expected of you in the workplace? Please explain your answer.
• Did you feel free to discuss your career development with your supervisor? Please explain your answer.

……..Not being aware of it does not get you off the hook!

Bullying in the workplace is any recurring inappropriate conduct that undermines a person’s right to dignity at work. Bullying can be carried out by one person or by several people – it is aimed at an individual or a group where the objective is to make them feel inferior or victimised. Bullying can come in the form of a verbal or physical assault and can also take place over the internet – this is known as cyber bullying and can be performed via many methods – Mobile phones, social networking sites, emails and texts are all common vehicles for cyber bullying.

Cyber bullying is becoming more and more prevalent in society.

Keep in mind that harassment based on civil status, family status, sexual orientation, religion, age, race, nationality or ethnic origin, disability or membership of the Traveller community is considered discrimination.

Harassment in the workplace is prohibited under the terms of the Employment Equality Acts, 1998 to 2007. The Act of harassment – whether direct or indirect, intentional or unintentional – is unacceptable and should not be tolerated by any company.   Any allegations should be dealt with seriously, promptly and confidentially with a thorough and immediate investigation. Any acts of harassment should be subject to disciplinary action up to and including dismissal.  Any victimisation of an employee for reporting an incident, or assisting with an investigation of alleged harassment and/or bullying is a breach of equality legislation and should also be subject to disciplinary action.

Bullying or harassment isn’t always obvious – in fact it can come in many shapes and forms – some examples are:

•Social exclusion or isolation

•Damaging someone’s reputation through gossip or rumour

•Any form of intimidation

•Aggressive or obscene language or behaviour

•Repeated requests for unreasonable tasks to be carried out

Employers Beware:

Under current Irish employment legislation (The Employment Equality Acts 1998-2011) companies are accountable when it comes to bullying and harassment in the workplace or workplace disputes. It is vital for employers to be mindful of the legislation as companies are answerable for the actions of employees, suppliers and customers even in cases where the company is not aware that bullying or harassment is taking place.

To defend itself a company must illustrate how it did everything reasonably practicable to prevent bullying and / or harassment from taking place in the workplace. The company must also show that when an instance of bullying or harassment occurred the company took immediate, fair and decisive action.

There is a huge risk of exposure if companies do not adhere to the strict Regulations. Those found in violation of the Act may be liable for fines and in severe circumstances imprisonment on summary conviction. Companies can also end up paying out large sums in compensation.

Bullying creates a very hostile work environment and can negatively affect employee performance – It can lead to disengagement and low levels of morale. It can also cause a company to lose key members of staff. Bullying can affect both the safety and the health of employees – this violates the Safety, Health and Welfare at Work Act 2005.

It is abundantly clear that it is in the best interest of all stakeholders to prevent bullying or harassment of any form in the workplace.

In order to avoid bullying and harassment an employer should include harassment-related policies and procedures in the Employee Handbook – A Dignity at Work Policy should be communicated clearly to employees. This will clarify what is expected of employees and what the protocol/repercussions are if bullying/harassment does occur.

Last week the Immigrant Council of Ireland (ICI) brought our attention to a shocking statistic – The ICI revealed that the number of racist incidents reported in Ireland over the last 12 months had jumped to a staggering figure – They dealt with 120 individual racism cases in the past
year. 52 of these instances were reported in June/July of 2013 alone marking a huge increase when compared to the same period in 2012 when just 3 incidents were reported.

The racism reported related to alleged discrimination, written harassment, verbal harassment and physical violence.

The most commonly reported setting for racism was the workplace – where a massive 20% of reported incidents occurred.

Employers need to be vigilant and need to make more of an effort to consciously crack down on this type of activity.

Organising people is not an art form – but it can be extremely delicate work at times. Ensuring employees have everything they need when they get where they are going is an even trickier task. This is the very reason we provide training administration management services for multinationals and large companies in Ireland.

Once you have analysed and planned your company’s specific training needs The HR Company will fully administer your entire training process…. from the scheduling of people, to the scheduling of venues and equipment. We even assess programme content and provide outstanding maintenance of training records.

Some of our services are listed below:

• Management of all training vendors

•Scheduling of training programmes

•Management of training venues and facilities

•Maintenance and administration of training records

•Feedback assessment of programme content

•Establishment of a single point of invoicing for training programmes

•Succession planning

•Tailored generation of reports and statistics

If you have any queries at all please do not hesitate to get in touch.