The HR headlines in July featured a variety of valuable lessons for business owners in Ireland. We have gathered a selection of different news stories from the past month, along with some key takeaways for you and your business.
Record award in whistleblower case
Summary: A charity has been ordered by the Workplace Relations Commission (WRC) to pay €323,240 to a senior employee following her complaints under the Protected Disclosures Act 2014. This is more than triple the previous record for a sum awarded in a WRC whistleblower case.
The employee, who was working as the "de facto chief executive officer" of the charity, had brought allegations of bullying and harassment against a former chairman. She was subsequently demoted when the charity carried out a full review and created a new CEO post. After hearing the facts of the case and finding that the employee had been severely penalised for making protected disclosures, a WRC adjudicator ordered that the charity compensate the employee, offer her an apology, acknowledge her as the de facto CEO, and cease the position of the new interim CEO.
Key takeaways: This record-breaking sum is a stark reminder that employers must be aware of their obligations under the Protected Disclosures Act 2014. The financial and reputational implications of non-compliance are significant, and employers must tread carefully in instances where an employee has made a protected disclosure.
Unauthorised remote working... from another continent
Summary: An employee recently lost an unfair dismissal case in the WRC, after his employer discovered that he had secretly been working from another country. When the employee could not attend an in-person meeting to discuss a performance improvement plan, his employer used access card data and internet traffic to determine that he was, in fact, working from India and not from Dublin.
The WRC ruled that the employee's behaviour was "contrary to his contract" and violated the company's remote-working policy.
Key takeaways: This case serves as a reminder of the importance of implementing robust remote-working policies and including these policies in your employees' contracts. Without a clear policy in place, this case may have had a different outcome for the employer. It also shows us how important it is for managers to communicate with employees on a regular basis and ensure that they are aware of their contractual rights and obligations.
Underpayment of wages
Summary: A construction company has been ordered to pay €14,257 to a former employee after the WRC found that he had been working 10-hour days for less than minimum wage. Having received assurances that the company would help him secure a work permit, the employee worked an average of 56.76 hours per week for a salary of €1,600 a month.
Key takeaways: Every year, the WRC recovers millions of euro in unpaid wages. The laws around minimum pay in Ireland are clear, and as an employer it's your responsibility to ensure that your staff are paid correctly. You are also responsible for ensuring that your employees are receiving sufficient breaks during working hours, and between shifts.
