€10K awarded to steeple worker who was told to “wing it” with no harness
The Workplace Relations Commissioner has awarded €10k to a worker for unfair dismissal when he was dismissed after suffering a back injury while carrying out work on a scaffold in with no safety equipment.
The complainant’s role was to make digital prints and then fit the products to buildings or vehicles. If the job required two people, then the complainant was accompanied by the respondent otherwise he went on his own.
In September of 2015 while working on site in Belfast he was “required to work at heights without a harness”. He said he was also told to operate a cherry picker even though he did not hold a license to do so. The court also heard that later in the month the complainant was previously told to ‘wing it’ when doing installation work on a church steeple with no harness.
In November 2015 the complainant injured his back while working on a scaffold with no safety harness and was on certified sick leave for 9 days. He said that while he was on sick leave he saw his job being advertised, the ad was later removed when he raised concerns with his boss.
In July 2016 while back on site, the complainant said he left a job he believed to be a health and safety risk when he was asked to work at a height of 15m without a harness. He later made a formal complaint to his employer but left 15 minutes into the meeting for being verbally abused for not completing the job. The complainant said he was constructively dismissed and had not worked since.
Finding
The officer who heard the case said that she found the complaint was “well founded” based on the uncontested evidence. The respondent didn’t attend the hearing. She directed the respondent to pay the worker €10,000 within 42 days of the ruling.
Learning Points
There are many things to take away from this case, first and foremost that the health and safety of an employee under no circumstance should ever be compromised. This case highlights the importance for employers in all industry's to carry out their own risk assessments. Employers should also note the importance of not only having a clear grievance and dispute procedures for staff to reference but for the employer to follow them correctly.
BrightPay - Payroll Software
Bright Contracts - Employment Contracts and Handbooks
How can I introduce contracts to existing employees?
A recent survey showed that 60% of employers in Ireland do not provide contracts of employment to their staff. This is an alarmingly high figure considering two very important facts: firstly it is a legal requirement, and secondly, the cost of non-compliance can be extortionate. So why do employers take that risk? Here are some of the explanations employers gave:
• Our employees have been with us for years, we don’t need to worry about contracts.
• I only have 4 employees; I don’t need to provide contracts.
• We’re a very small company, I cannot afford the expense.
• Employees will think we are trying to bring in more rules and won’t trust the good relationship we have built with them over the years.
No matter what your reasoning behind not having contracts of employment in place, under the Terms of Employment (Information) Acts 1994–2014 you are obliged to provide a written contract of employment to a new staff member no later than 2 months after their commencement. Furthermore, the cost of non-compliance (whether from an inspection from the WRC or from a staff grievance) can be crippling, especially for SME’s.
Introducing contracts to already existing staff can be a daunting task to some employers. We have compiled 4 simple steps to follow if you have decided that the time has come to roll out contracts.
1) Hold a staff meeting
Bring all of your staff together at once to inform them of your decision to introduce contracts into the workplace. Give a brief overview of what is contained in the contract and explain why you are doing it, whether it is to ensure that the workplace is compliant, promoting consistency and compliance or both. Take any general questions your staff may have.
2) Distribute the documents
Once you have drawn up contracts for each staff member print two copies of each and deliver both copies to the appropriate staff member. Ask the staff member to review and sign both copies and return one copy within a reasonable time frame, generally 1-2 weeks.
3) Be open to taking questions
Good communication between employers and staff is crucial for a good relationship, especially at this stage. Be available to your employees so as they can ask any questions or raise any concerns they may have. Answer all questions openly and honestly. Refusing to have that discussion may come across as defensive and will heighten distrust in employees.
4) Collect and file
Collect one copy of the signed contracts from each employee and be sure to file away in a safe and secure location for future reference. Instruct the employee to also keep their signed copy in a secure location.
To book a free online demo of Bright Contracts click here
To download your free Bright Contracts trial click here
5 essential steps when hiring new employees
Minister for Jobs, Enterprise and Innovation Mary Mitchell O’Connor, has revealed that unemployment levels have dropped to 6.4% from 8.4% in May 2016 making Ireland the 6th most competitive economy in the world. The CSO statistical release also revealed that the number of persons on the live register is the lowest number recorded, seasonally adjusted since 2008. If you’re a business owner that’s in a fortuitous position to be taking on new staff we applaud you, although it is no easy task. We have compiled 5 key steps to remember when hiring new employees.
1) Advertise
Employment and equality legislation is applicable the moment you post a job advert, therefore be sure to avoid discriminatory descriptions that may exclude a particular group of people from applying. Once you have a clear understanding of the duties and responsibilities of the role you will be able to create a clear job description and person specification, listing the skills and knowledge that you require. Remember, a well-defined job description is essential for attracting the most qualified candidates. For more information click here
2) Interviews
During an interview, we want to obtain important information from the candidate and also build a friendly rapport. Hiring the wrong person can be a very costly mistake for any company so determining whether they’ll be a good fit for the company is important. To ensure your questions don’t find you guilty of discrimination be sure to avoid questions relating to age, marital and family status, gender, disability, religious belief, sexual orientation, race, membership of the travelling community, or any physical attributes of the candidate. For more information click here
3) Contracts of Employment
Every employee who works for your business must receive a written contract of employment no later than 2 months after their commencement. If you do not issue your employees with a written contract you are putting yourself at risk of large settlements in the case of staff disputes, and fines in the case of regulatory inspections. Having contracts also clearly defines the contractual relationship between you and your employees. Take time to ensure that the contracts of employment contain sufficient clauses to govern the working relationship between you and your employees. For more information click here
4) Staff Handbooks
Whether you employ 1, 10 or over 100 staff, having an employee handbook is an essential way to communicate policies and procedures with staff without the contract of employment getting too long-winded. Issuing a comprehensive staff handbook is vital for not only setting clear boundaries in the employment relationship but also in protecting your business if a claim was ever brought against you. For more information click here
5) Induction
You have spent a lot of time and money on a vigorous recruitment process so be sure not to miss the very important final step, the induction. A structured induction programme welcomes your new employee, gives them an objective view of your company, your culture and work ethic. This will allow them to better integrate into the workplace which in turn will help boost staff retention rates. Your new employee will decide quickly if they feel at home and if they go through a well-planned induction program they are more likely to remain at your company. For more information click here.
BrightPay - Payroll Software
Bright Contracts - Employment Contracts and Handbooks
