PEOPLE FOCUS - CIPD

PEOPLE FOCUS EMPLOYMENT LAW
Conference Speakers; Richard Grogan, PC Moore & Co Solicitors
and Michelle Ní Longain, BCM Hanby Wallace
attend at work but to prevent them taking up immediate
employment with a commercial rival.
He recommended simple, clearly written contracts detailing the
key employment terms for more junior foreign nationals who
may not be very proficient in English and, where possible, these
should be provided in their first language to avoid any
misunderstandings or potential disputes and adverse equality or
unfair dismissal findings.
BCM Hanby Wallace partner, Michelle Ní Longáin provided a
comprehensive update on employment equality law based in
recent decisions and findings by equality officers at the
Employment Tribunal. The levels of awards can be significant in
cases where employees have been discriminated against on the
basis of their gender, age or race of where they have
experienced workplace harassment or victimisation.
She described the case of a Zimbabwean employee who was
subjected to alleged discriminatory comments which the
employer did not dispute and who later lost his job, being
awarded €5,000 for the harassment and €45,000
compensation for the discriminatory dismissal.
Ms Ní Longáin also mentioned a landmark case in which an
airport supervisor was dismissed after the management became
aware that he had had treatment for a heart complaint. The man
was awarded €65,000 in respect of the discriminatory dismissal
and an additional €60,000 compensation for the stress he
suffered and the failure of the company to make reasonable
accommodation to adjust his
duties.
Conference speaker:
Jacqueline Kelly, A&L Goodbody,
finalising her presentation
She noted that the
Employment Tribunal is now
more inclined to impose
sanctions which are
effective, proportionate and
dissuasive.
Managing
Absences
Barry Walsh and Jacqueline
Kelly from the A&L
Goodbody firm jointly
presented some
entertaining case studies
designed to highlight legal entitlements and potential grounds
for litigation in six workplace scenarios.
Everyday issues such as performance management, return from
maternity leave, bullying by managers, disciplinary investigations,
psychiatric breakdown by over-worked employees, and fair
recruitment procedures were all covered. The reconstructions
highlighted the ease with which unintended problems can grow
into serious issues if managers lack the skills and training to deal
with them competently. In many of the six cases decisionmakers
could have avoided the pitfalls if they had acted on the
basis of treating others in the same way as they would wish to
be treated if the roles were reversed.
Jenifer Cashman of Ronan Daly Jermyn closed the law
conference with a detailed presentation on managing
absenteeism in which she stressed the importance of working
closely with medical advisers in cases of long-term illness
absences of four weeks or more duration.
Deirdre O’Shaughnessy, General Manager, InterIM Executives
(Conference Sponsors) and Conference Chair.
Sick-leave absences
The importance of keeping accurate records of all absences,
even for a single day, was stressed so that a pattern may
emerge. In some cases short-term ‘sick leave’ may be availed of
to facilitate some other pressing need.
Ms Cashman noted that persistent absenteeism for assorted
short-term illnesses may disguise an underlying issue and that a
company could decide to dismiss an employee if it could not
reasonably foresee or expect an improvement. “You can dismiss
if you go through the procedures and can show that the
employee received documented warnings and that the issue of
absences were raised at performance reviews”, she advised.
In the case of a long-term illness Ms Cashman cautioned
against divulging too much detail to other staff and that while
maintaining contact with the employee not to be intrusive
with unannounced visits to their home. To enhance the
working relationship she suggested a structured return to work
perhaps with lighter duties or shorter working hours during a
transition period ■
• Conference review by Gerald Flynn, research and policy
adviser to CIPD in Ireland.
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