Cautionary Christmas Tale: A care worker, who was employed by a nursing home for several, had relatives from abroad who visited every Christmas. She, therefore, could not normally work on Christmas day. This had been the position each year since she took up her post four years previously. In early December she was told that she was rostered to work on Christmas Day.
She brought the fact that she would be unavailable to the attention of the Director of the Home who said she need not panic as she had over two weeks to arrange cover for the Christmas day shift. By the 21 December, however, the worker had failed to arrange for another employee to provide cover for Christmas day.
The Director gave her the choice of working the Christmas day shift or being dismissed. The following day, having been informed that the employee would not work Christmas day, the Director summarily dismissed the worker. The Director argued that it was up to staff to organise cover once the roster had been posted.
The Employment Appeals Tribunal ("EAT") found that responsibility for staff cover ultimately rests, irrespective of inter-staff arrangements, with the management of a business i.e. the employer and that the sanction of dismissal was, as a result, disproportionate. It awarded the Claimant 15,000 Euro under the Unfair Dismissals Acts 1997-2001.
Employers must balance the timing of all annual leave against the need for the employee to reconcile work and any family responsibilities; opportunities for rest and recreation available to the employee; and the need to consult with the employee at least one month before the leave is to be taken. For some industries where employees are expected to take mandatory holidays it is important that employers provide for this in the contract of employment.
People Matters keeps a databank of workplace research and information which may be of interest to employers and employees. For more information call us on 01-296-1578 or email admin@peoplematters.ie.
Thursday, December 18, 2008
Christmas parties pose problems for employers
Alcohol consumption has increased by 17 per cent in Ireland over the past decade according to the Health Research Board, with many commentators saying there has been an even bigger increase in drug abuse – an increase estimated at 30.5 per cent over the last 10 years (National Advisory Committee on Drugs). The Irish Medical Journal estimates that alcohol and drug abuse cost the Irish economy half a billion Euro each year.
The biggest problem for employers, particularly in this Christmas week, is simple absenteeism: 63 per cent of Irish workers claim to have phoned in sick after getting drunk the night before. 80 of workers in so-called, safety critical sectors admit to having been hung over while at work; 50 per cent say their drink and drug use led them to perform poorly; and 40 per cent say they were physically drunk while at work (NUIG). In a recent pre-employment test 50 per cent of new recruits were found to have taken intoxicants (EAP Institute).
Where death or serious injury occurs as a result of actions or inactions by employees caused by drink and drug taking employers could face jail sentences or fines of up to EUR 3 million.
Although many companies have done away with the traditional Christmas dinner dance this year, many employers and employees have organised informal get-togethers this week. Christmas parties often give rise to bullying, discriminatory and disciplinary behavior which reflects badly on the company, causes disharmony among employees and leads to financial costs being incurred. One area which is often overlooked is in relation to the entertainment provided at such parties. There is a famous case in the UK (Burton and another v De Vere Hotels Ltd 1997) which held the employer vicariously liable for the discriminatory acts of a third party (the comedian Bernard Manning) during a Christmas Party.
Any complaints made subsequent to a Christmas party should be treated seriously and investigated promptly (preferably before the Christmas and New Year break). If necessary, the disciplinary procedure of the company should be invoked.
This year many employers have put in place a ‘Gift Policy’ to ensure employees stay within the law when giving and receiving gifts. Although gifts are primarily given around Christmas time, such as policy should apply to all gifts given and received throughout the year. The concern is that giving and receiving gifts may lead to accusations of bribery, corruption, fraud and abuse. An employer should watch for signs that an employee is acting under pressure or in an unethical manner as a result of giving or receiving gifts.
Consistency and uniformity are the keys to a successful Gift Policy. The policy must reflect the normal practice in the industry and be consistent across all of the company’s departments and at every level of the organization if employers are to avoid inequality. Employers can give employees a ‘gift’ valued at up to €250 without the employee having to pay Benefit in Kind, but there are rules and regulations in relation to this which are worth checking out at www.revenue.ie.
The biggest problem for employers, particularly in this Christmas week, is simple absenteeism: 63 per cent of Irish workers claim to have phoned in sick after getting drunk the night before. 80 of workers in so-called, safety critical sectors admit to having been hung over while at work; 50 per cent say their drink and drug use led them to perform poorly; and 40 per cent say they were physically drunk while at work (NUIG). In a recent pre-employment test 50 per cent of new recruits were found to have taken intoxicants (EAP Institute).
Where death or serious injury occurs as a result of actions or inactions by employees caused by drink and drug taking employers could face jail sentences or fines of up to EUR 3 million.
Although many companies have done away with the traditional Christmas dinner dance this year, many employers and employees have organised informal get-togethers this week. Christmas parties often give rise to bullying, discriminatory and disciplinary behavior which reflects badly on the company, causes disharmony among employees and leads to financial costs being incurred. One area which is often overlooked is in relation to the entertainment provided at such parties. There is a famous case in the UK (Burton and another v De Vere Hotels Ltd 1997) which held the employer vicariously liable for the discriminatory acts of a third party (the comedian Bernard Manning) during a Christmas Party.
Any complaints made subsequent to a Christmas party should be treated seriously and investigated promptly (preferably before the Christmas and New Year break). If necessary, the disciplinary procedure of the company should be invoked.
This year many employers have put in place a ‘Gift Policy’ to ensure employees stay within the law when giving and receiving gifts. Although gifts are primarily given around Christmas time, such as policy should apply to all gifts given and received throughout the year. The concern is that giving and receiving gifts may lead to accusations of bribery, corruption, fraud and abuse. An employer should watch for signs that an employee is acting under pressure or in an unethical manner as a result of giving or receiving gifts.
Consistency and uniformity are the keys to a successful Gift Policy. The policy must reflect the normal practice in the industry and be consistent across all of the company’s departments and at every level of the organization if employers are to avoid inequality. Employers can give employees a ‘gift’ valued at up to €250 without the employee having to pay Benefit in Kind, but there are rules and regulations in relation to this which are worth checking out at www.revenue.ie.
What are transferrable skills?
The term “transferable skills” was made popular by Richard Nelson Bolles, author of What Color Is Your Parachute? A Practical Manual for Job-Hunters and Career-Changers in the 1970’s. It is just as relevant today as it was back then. Put simply, as we move through life we all gather, grow, learn and develop new skills. Transferable skills are simply the ‘mobile skills' that we take with us through life. They include skills you may have learned in different jobs, at college and in your hobbies, social or community life. As a first step, write down all the skills you have that first come into your head.
Recruiters and interviewers will often use a checklist of skills to match a candidate’s suitability to a position. Anticipate what skills might be needed for the position that you are being interviewed for.
Job adverts and job descriptions will also give details of the skills the company is looking for in a candidate or promotional prospect. Make this information work for you. For example, if the role description says that communications are important, write down any times when you have used communications skills, expression, transmission and interpretation of knowledge; where your writing skills came from; how you learned to speak effectively; examples of when you expressed ideas clearly; your abilities in negotiating, persuading or editing. Dissect the job advertisement or description and match it to your skills set.
Work back over old jobs, break down your roles, and match your day to day tasks with the identified transferable skill. You might even spot a pattern emerging which will give you a strong indication of your key strengths. It is a good idea to check with your peers if they also see these skills as key strengths. Confirm what your strong skills are.
The final step is getting those skills across to an employer in a succinct way. There is no point, during an interview, in stating “I have excellent organizational skills” without being able to prove it! If you quantify that statement by explaining how you were in charge of a successful project in your previous job then that will help confirm that skill. Summarise your key achievements in your personal and professional life into short anecdotes that you can bring out in your interview.
Santa and the elves have great transferable skills: like the ability to deliver a large number of packages overnight – ideal for An Post.
We provide three different career coaching sessions: Career direction, writing a winning CV and preparing for interview success. Each of our two-hour sessions costs only 170 Euro and we can provide a voucher for those who wish to give a Christmas present of a new career to someone they know! To book a session or obtain a voucher call us on 01-296-1578 or email admin@peoplematters.ie.
Recruiters and interviewers will often use a checklist of skills to match a candidate’s suitability to a position. Anticipate what skills might be needed for the position that you are being interviewed for.
Job adverts and job descriptions will also give details of the skills the company is looking for in a candidate or promotional prospect. Make this information work for you. For example, if the role description says that communications are important, write down any times when you have used communications skills, expression, transmission and interpretation of knowledge; where your writing skills came from; how you learned to speak effectively; examples of when you expressed ideas clearly; your abilities in negotiating, persuading or editing. Dissect the job advertisement or description and match it to your skills set.
Work back over old jobs, break down your roles, and match your day to day tasks with the identified transferable skill. You might even spot a pattern emerging which will give you a strong indication of your key strengths. It is a good idea to check with your peers if they also see these skills as key strengths. Confirm what your strong skills are.
The final step is getting those skills across to an employer in a succinct way. There is no point, during an interview, in stating “I have excellent organizational skills” without being able to prove it! If you quantify that statement by explaining how you were in charge of a successful project in your previous job then that will help confirm that skill. Summarise your key achievements in your personal and professional life into short anecdotes that you can bring out in your interview.
Santa and the elves have great transferable skills: like the ability to deliver a large number of packages overnight – ideal for An Post.
We provide three different career coaching sessions: Career direction, writing a winning CV and preparing for interview success. Each of our two-hour sessions costs only 170 Euro and we can provide a voucher for those who wish to give a Christmas present of a new career to someone they know! To book a session or obtain a voucher call us on 01-296-1578 or email admin@peoplematters.ie.
Friday, November 21, 2008
Finance Bill offers opportunities to reward employees
The publication of the second Irish Finance Bill on 20th November generally made bad news for employers and employees alike. Much of the focus has been on the introduction of the income levy and some pundits estimate that increases in taxation will amount to approximately 2,500 Euro for the average family next year. But as we approach the time for annual pay reviews, what last-ditch efforts can employers make to sweeten the bad news to employees?
The Bill brings in the various measures announced in the Budget, the principle change being the introduction of an income levy. For lower-paid workers it may be appropriate to lower gross income so that it falls below the limit of €18,304, thus avoiding the one per cent levy altogether. The drop in income might be made up by using some of the processes below.
Is now the time to buy your employee a new car or van? Existing fleet vehicles will maintain the current method of calculating the assessable benefit in kind which is based on a percentage of the original market value of the car, with a reduction in the percentage assessable where the employee has incurred high business mileage in the tax year. But the BIK rules are changing so that new cars with lower CO2 emissions will be those with lower Benefit in Kind payments. In the case of one sales representative, for example, her employer is thinking of replacing a three year old, 2 litre, petrol-engined car (with an original market value of 25,000 Euro) with a new, 1.4 litre, diesel-engined car that has the same power and performance and an original market value of only 20,000 Euro. The company is availing of the competitive prices being offered by car retailers (lower original market value); lower fuel, insurance, motor tax and NCT costs; and contributing positively to the environment. It is also rewarding the employee with a new car, reducing the overall cost of BIK payments they have to make at the same time.
That same employer is located in Dublin city centre where it is affected by the introduction of a Benefit In Kind of €200 for car parking (or €100 in certain cases of shared car parking spaces) in the main urban areas. One way the company is thinking of offsetting this cost to employees is to arrange a car-sharing scheme so that the 50 car parking spaces provided become shared. Under the Bill shift work employees starting or finishing work after 9pm or before 7am will have the part of the year during which they are on shift work disregarded for the purposes of the levy, so the employer is also looking, as part of a move to promote more flexible working, at requesting more employees to do shift work and night-time working.
The Bill confirms the introduction of the new scheme for the provision of bicycles and safety equipment up to a maximum cost of €1,000 (in a five year period) by employers. The exemption applies to expenses incurred by an employer on or after 1 January 2009 where employees agree to use the bicycle to cycle to and from work and between work places. Employers can use this to reward employees in lieu of salary.
A Salary Sacrifice scheme for employees who purchase annual commuter tickets for public transport is already in existence and this might encourage some employees to leave the car at home and take the train, bus or tram instead. Salary sacrifice arrangements are where the employee agrees to forego part of their salary to cover the costs associated with the purchase of the annual ticket. With the new Bill, bicycle/safety equipment may also be purchased using a salary sacrifice scheme. This scheme is particularly useful for those employees already cycling to work and to support the green environment.
There are increases in the mortgage interest relief for first time buyers, yet for many young employees, the main problem is obtaining mortgages and loans in the first place. Is your business in a position to offer employees better guarantees to help them persuade mortgage lenders to give them a mortgage? In one case we are aware of an employee had been refused mortgage approval because their partner was on an on-going, seasonal contract. The couple asked the employer to change this to a fulltime contract in exchange for a small drop in pay. The fixed contract enabled the couple to obtain mortgage approval.
In another case, an employer acted as guarantor for a credit union loan to enable an employee purchase a motorbike to get to and from work.
For more information on coaching training in how to carry out annual reviews and pay reviews call us on 01-296-1578 or email admin@peoplematters.ie.
The Bill brings in the various measures announced in the Budget, the principle change being the introduction of an income levy. For lower-paid workers it may be appropriate to lower gross income so that it falls below the limit of €18,304, thus avoiding the one per cent levy altogether. The drop in income might be made up by using some of the processes below.
Is now the time to buy your employee a new car or van? Existing fleet vehicles will maintain the current method of calculating the assessable benefit in kind which is based on a percentage of the original market value of the car, with a reduction in the percentage assessable where the employee has incurred high business mileage in the tax year. But the BIK rules are changing so that new cars with lower CO2 emissions will be those with lower Benefit in Kind payments. In the case of one sales representative, for example, her employer is thinking of replacing a three year old, 2 litre, petrol-engined car (with an original market value of 25,000 Euro) with a new, 1.4 litre, diesel-engined car that has the same power and performance and an original market value of only 20,000 Euro. The company is availing of the competitive prices being offered by car retailers (lower original market value); lower fuel, insurance, motor tax and NCT costs; and contributing positively to the environment. It is also rewarding the employee with a new car, reducing the overall cost of BIK payments they have to make at the same time.
That same employer is located in Dublin city centre where it is affected by the introduction of a Benefit In Kind of €200 for car parking (or €100 in certain cases of shared car parking spaces) in the main urban areas. One way the company is thinking of offsetting this cost to employees is to arrange a car-sharing scheme so that the 50 car parking spaces provided become shared. Under the Bill shift work employees starting or finishing work after 9pm or before 7am will have the part of the year during which they are on shift work disregarded for the purposes of the levy, so the employer is also looking, as part of a move to promote more flexible working, at requesting more employees to do shift work and night-time working.
The Bill confirms the introduction of the new scheme for the provision of bicycles and safety equipment up to a maximum cost of €1,000 (in a five year period) by employers. The exemption applies to expenses incurred by an employer on or after 1 January 2009 where employees agree to use the bicycle to cycle to and from work and between work places. Employers can use this to reward employees in lieu of salary.
A Salary Sacrifice scheme for employees who purchase annual commuter tickets for public transport is already in existence and this might encourage some employees to leave the car at home and take the train, bus or tram instead. Salary sacrifice arrangements are where the employee agrees to forego part of their salary to cover the costs associated with the purchase of the annual ticket. With the new Bill, bicycle/safety equipment may also be purchased using a salary sacrifice scheme. This scheme is particularly useful for those employees already cycling to work and to support the green environment.
There are increases in the mortgage interest relief for first time buyers, yet for many young employees, the main problem is obtaining mortgages and loans in the first place. Is your business in a position to offer employees better guarantees to help them persuade mortgage lenders to give them a mortgage? In one case we are aware of an employee had been refused mortgage approval because their partner was on an on-going, seasonal contract. The couple asked the employer to change this to a fulltime contract in exchange for a small drop in pay. The fixed contract enabled the couple to obtain mortgage approval.
In another case, an employer acted as guarantor for a credit union loan to enable an employee purchase a motorbike to get to and from work.
For more information on coaching training in how to carry out annual reviews and pay reviews call us on 01-296-1578 or email admin@peoplematters.ie.
Friday, November 14, 2008
Performance reviews
A recent study by Mercer highlighted the fact that managers in the public service have been rewarding civil servants with positive performance appraisals and rewards that are well above average. While this is costing the tax-payer a substantial sum, poor practices in employee reviews are not restricted to the public sector: many employers end up over-paying because managers and supervisors are not trained in how to run performance reviews and how to use them for positive effect.
One of the outputs of the Government Benchmarking process of recent years has been the introduction of the PMDS (Performance Management Development System). Put simply, the system uses a combination of interviews and a written questionnaire to evaluate the performance of workers in the civil service and other public sector bodies. Workers are then given an overall rating on a five point scale, with a score of one allocated to the worst performers and five to the highest performers. The Public Service’s PMDS highlights what goes wrong in many performance management processes. Of 19,000 workers’ performances reviewed in its initial operation, only 18 scored a one, and 285 scored a two, on the five point scale. Those who score a one do not normally receive a pay increment, but those who score a two receive a pay rise and are denied the opportunity for a promotion for a year. This leaves the vast majority of civil servants (those rated 3 – 5) earning increments of between 500 Euro and 6,000 Euro on top of the five per cent pay award given under the social partnership agreement this year. A review by the designers of the PMDS found that the system was not being implemented properly. As designed, between 20 and 30 per cent of employees were expect to be graded a four, for example, whereas more than 50 per cent of civil servants were assessed at this level in practice. In one Department, 40 per cent of staff were awarded a score of five.
Anecdotal evidence suggests that many managers in both the public and private sectors have not being properly trained in how to use performance management systems. Many feel embarrassed and unprepared when carrying out performance interviews. Often, they score performance low in confidential written statements, but then give positive reviews during face to face interviews and appraisals. Usually, if an employee ‘deserves’ a lower grade, the manager awards a three or four and counter-balances this by sending the employee on a training course to reskill in the area they are performing badly in. The net result is a confused and unmotivated workforce, and a significant over spend on rewards. So how can you avoid this happening with your performance management system?
Employers need to have invest in Performance Management and Staff Appraisal training. An important first step is to get managers and supervisors to explore staff appraisal, its benefits and the types of systems available. These managers and supervisors then need to take control of the performance management and appraisal meeting by knowing the steps to take before, during and after the meeting. This leads to identifying what really motivates staff to perform and involves them learning how to recognize that there are different personality types who can be managed in different ways. Where staff are underperforming managers need to learn how to close the performance gap through coaching using the GROW model. They also need to equip themselves with appropriate communication techniques for positive performance management including active listening, appropriate questioning, constructive feedback and positive body language. Allied to the review process is the importance of recognising when appraisal and positive performance management is not enough, and knowing when to activate the disciplinary process.
For more information on coaching training in how to carry out performance evaluations call us on 01-296-1578 or email admin@peoplematters.ie.
One of the outputs of the Government Benchmarking process of recent years has been the introduction of the PMDS (Performance Management Development System). Put simply, the system uses a combination of interviews and a written questionnaire to evaluate the performance of workers in the civil service and other public sector bodies. Workers are then given an overall rating on a five point scale, with a score of one allocated to the worst performers and five to the highest performers. The Public Service’s PMDS highlights what goes wrong in many performance management processes. Of 19,000 workers’ performances reviewed in its initial operation, only 18 scored a one, and 285 scored a two, on the five point scale. Those who score a one do not normally receive a pay increment, but those who score a two receive a pay rise and are denied the opportunity for a promotion for a year. This leaves the vast majority of civil servants (those rated 3 – 5) earning increments of between 500 Euro and 6,000 Euro on top of the five per cent pay award given under the social partnership agreement this year. A review by the designers of the PMDS found that the system was not being implemented properly. As designed, between 20 and 30 per cent of employees were expect to be graded a four, for example, whereas more than 50 per cent of civil servants were assessed at this level in practice. In one Department, 40 per cent of staff were awarded a score of five.
Anecdotal evidence suggests that many managers in both the public and private sectors have not being properly trained in how to use performance management systems. Many feel embarrassed and unprepared when carrying out performance interviews. Often, they score performance low in confidential written statements, but then give positive reviews during face to face interviews and appraisals. Usually, if an employee ‘deserves’ a lower grade, the manager awards a three or four and counter-balances this by sending the employee on a training course to reskill in the area they are performing badly in. The net result is a confused and unmotivated workforce, and a significant over spend on rewards. So how can you avoid this happening with your performance management system?
Employers need to have invest in Performance Management and Staff Appraisal training. An important first step is to get managers and supervisors to explore staff appraisal, its benefits and the types of systems available. These managers and supervisors then need to take control of the performance management and appraisal meeting by knowing the steps to take before, during and after the meeting. This leads to identifying what really motivates staff to perform and involves them learning how to recognize that there are different personality types who can be managed in different ways. Where staff are underperforming managers need to learn how to close the performance gap through coaching using the GROW model. They also need to equip themselves with appropriate communication techniques for positive performance management including active listening, appropriate questioning, constructive feedback and positive body language. Allied to the review process is the importance of recognising when appraisal and positive performance management is not enough, and knowing when to activate the disciplinary process.
For more information on coaching training in how to carry out performance evaluations call us on 01-296-1578 or email admin@peoplematters.ie.
Thursday, November 13, 2008
People Matters Ltd.
People Matters Ltd. was established in 1999 by Sue Mulhall and Mark Campbell. Sue’s background is in Human Resources and she worked in both the public and education sectors. Mark’s background is Marketing and Communications and he has worked in both the professional services and education sectors.
The company provides human resources, marketing and communications consulting, training, coaching, research and writing services to organisations and individuals.
Based in Dundrum, the company provides services mainly in the Dun Laoghaire Rathdown area, but has also expanded into providing services nationally and internationally (mainly in the UK).
The company provides human resources, marketing and communications consulting, training, coaching, research and writing services to organisations and individuals.
Based in Dundrum, the company provides services mainly in the Dun Laoghaire Rathdown area, but has also expanded into providing services nationally and internationally (mainly in the UK).
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