First published on Wednesday, July 10, 2024
Last updated on Wednesday, July 10, 2024
Welcome to HR Heartbeat, where we give you a rundown of the week’s top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentaries on all things HR and legal.
“On-call” employee claims for public holiday entitlements
A University Hospital employee recently submitted a complaint to the WRC under the Organisation of Working Time Act 1997 after being “on call” over a public holiday.
The employee argued as he was “on call” over the holiday, he was entitled to receive the compensation an employee would usually get for working the public holiday.
Initially, the Workplace Relations Commission agreed and awarded him €200. But on appeal, the Labour Court found the employee was not restricted in how or where he spent his time while on call, so therefore he wasn’t owed the benefit.
The main takeaway for employers? If your employee is on call during a public holiday, be mindful about whether they’re constrained in their activity or location or not. If they are, they may be able to claim entitlements for working on public holidays.
For more advice on navigating complex legal disputes, learn more about our 24/7 employment advisory service, BrightAdvice.
Minimum pay increases for security workers following new ERO
From July 1st, security sector workers will see their minimum pay rise to €14.50 per hour, thanks to a new Employment Regulation Order (ERO).
This change affects around 16,000 workers and includes a bump in the premium for unsociable hours to €12.60 per shift. This premium will increase to €16.80 in January 2025 and €20.00 in 2026. These changes were delayed by a legal dispute in 2023 but have now been passed since its resolution.
Employers should ensure their payroll systems are updated to reflect these new rates and premiums for security staff. Consider using Payroll Navigator to maintain precise payroll reporting, so you can meet your responsibility of paying your staff the right wages on time, minus any hassle!
Health and Safety Authority reminds of the importance of sun protection
According to Met Eireann, Ireland has experienced it’s coldest June in nearly a decade, meaning hopes aren’t exactly high for a heatwave. But forecasts for later in the month suggest temperatures might be heating up and could reach 26C in parts of Ireland towards the end of July.
With this in mind, the Health and Safety Authority (HSA) has reminded businesses that sun protection is crucial for outdoor workers during summer.
Even on cloudy days, UV radiation can lead to serious health issues such as skin cancer, cataracts, and heat-related illnesses. Outdoor workers in particular, including those in construction, agriculture, landscaping, and fisheries are most at risk.
To stay safe, the HSA recommends:
- Conducting risk assessments
- Implementing control measures
- Providing education and training
- Ensuring protective clothing is worn
- Supplying broad-spectrum sunscreen and encouraging regular application
- Scheduling outdoor work to avoid peak hours of UV exposure
- Providing shaded areas for breaks
Employers should heed this advice to protect vulnerable workers. Check out BrightSafe’s end-to-end health & safety software, designed to help you manage risk assessments, track safety tasks, and access CPD-accredited e-learning courses to keep your team safe and your business compliant.
Labour court reinstates employee due to “special circumstances”
An employee who resigned and then later withdrew their resignation was recently reinstated to her position by the Labour Court based on “special circumstances”. The employer who had accepted her resignation initially refused to allow the retraction, leading to the Workplace Relations Commission finding this to be an unfair dismissal.
The basis for this was the WRC noted the resignation occurred during “special circumstances,” namely the death of the employee’s teenage daughter. The Labour Court considered her state of mind, unblemished career, length of service, and the lack of inquiry into the impact of a proposed transfer before making their decision to reinstate her.
To employers, this case serves as a reminder to always consider the circumstances of a resignation and an employee’s state of mind. If they seek to retract their resignation, evaluate the request carefully, on a case-by-case basis, especially during extenuating circumstances such as these.
For instant advice in dealing with resignations, ask our super-fast AI tool Brainbox: ‘Do I have to accept an employee’s resignation?’
