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.
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