2. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
The Workplace Relations Act 2015:
All Change in Employment Law
Adrian Twomey
Advokat & Gallenalliance Solicitors
3. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Introduction
• Incremental development since 1967
• Driven by Europe
• Lack of joined-up thinking
• Piecemeal system
4. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Pre-October Situation
Rights Commissioners
Labour Court
Equality Tribunal
Employment Appeals
Tribunal
District Court
Circuit Court
High Court
Court of Appeal
Supreme Court
5. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
The Current Situation
Rights Commissioners
Labour Court
Equality Tribunal
Employment Appeals
Tribunal
District Court
Circuit Court
High Court
Court of Appeal
Supreme Court
RPA, MNA, UDA, WTA, EEA – 23 Acts, Innumberable S.I.s
6. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Introduction
• The system was a mess
• Shotgun claims
• Costs
7. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Reform
• Promises of reform
• System too ungainly
• Reforms less than might be hoped for, but helpful
nonetheless
• Workplace Relations Act 2015
• Became effective on 1 October 2015
• Expected lag of 1 year
8. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
The Future Picture
Workplace Relations
Commission
Labour Court
Mediation
District Court
Circuit Court
High Court
Court of Appeal
Supreme Court
Adjudication
9. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Workplace Relations Act
• NERA – gone
• Labour Relations Commission – gone
• Employment Appeals Tribunal – going
• Equality Tribunal – gone
• Circuit Court – no further function
• New Workplace Relations Commission
• Pumped-up Labour Court
10. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Workplace Relations Act
• WRC Inspectors
• Power to Prosecute
• Costs of prosecutions
• Compliance Notices
• Fixed Payment Notices - €2,000 (payslips,
average hours of work notices, failure to consult
on collective redundancies)
• Sick leave – accrue and retain leave for up to 15
months after the relevant year.
11. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
The Big “BUT” …
• Still a plethora of legislation
• Terms of Employment (Information) Act – 4
weeks
• Minimum Notice Acts – up to 8 weeks
• Organisation of Working Time Act – up to 2 years
• Employment Equality Acts – 2 years / unlimited
• Unfair Dismissals Acts – up to 2 years
• Part-Time Workers / Fixed-Term Workers /
Agency Workers Acts – up to 2 years
• Safety Health & Welfare at Work Act – 2 years
12. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Staying Safe
• Employment Contracts
• Employee Handbook containing policies
• Pay-slips
• Working Time Records
• Look before you leap – seek advice
13. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Staying Safe
• Be careful when choosing your advisor
• General practitioner solicitors & counsel
• Low hourly rates and padded hours
• With solicitors seek an engagement letter;
check the hourly rate; background check them;
seek itemised bills specifying time spent
• With HR consultants – check their background,
experience and success rate
• Beware of those selling their insurance cover
• Don’t rely on kids
14. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
The Workplace Relations Act 2015:
All Change in Employment Law
Adrian Twomey
Solicitor
15. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
Advokat will be delighted to help bring your business into compliance
with the wide range of existing employment legislation.
We are well aware that such an undertaking can be daunting for new or
smaller businesses.
For that reason, we encourage clients to tackle the issue in bite-sized
pieces
16. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
• Start by introducing basic but properly-drafted employment contracts.
• Then add simple but essential written policies on grievances, discipline
and dignity in the workplace.
• Introduce a system (either computerised or manual) to record
employees’ time and attendance.
• After that you can bolt on a safety statement, policies on equal
opportunities, email and internet usage, data protection and so on.
• Before you know it, you will be very well positioned to face any
workplace inspection or defend a broad range of potential claims by
employees.
17. ON THE ROAD TO EFFECTIVE LEADERSHIP
atwomey@advokat.ie 053-923 8000 Merrythought House, Templeshannon, Enniscorthy
If you want to travel any distance – no matter how far – you
have to begin by making that first step. We’re there to help
you along the way.
Adrian Twomey and Advokat can be contacted on 053-
9238000, on info@advokat.ie or at Merrythought House,
Templeshannon, Enniscorthy, Co. Wexford.
18. Employment Grants for SMEs
Karl Fitzpatrick – Chevron Training & Recruitment 14th
June 2016
053 9124572 jobs@chevrongroup
19. Background
Established in 2005
22 staff in Wexford town
Department of Jobs licenced Employment Agency
Member of National Recruitment Federation
Serving both SME and multi-national clients nationwide
053 9124572 jobs@chevrongroup
20. Context
Recovering Economy
More confidence = more investment
Employers are planning for growth
Knowledge and awareness of employment grants
053 9124572 jobs@chevrongroup
21. Sources of Employment Grants
Department of Social Protection - JobsPlus
Local Enterprise Office - Priming Grant
Employability Wexford – Wage Subsidy Scheme
Enterprise Ireland – Key Manager Grant
Enterprise Ireland - Job Expansion Fund
053 9124572 jobs@chevrongroup
22. JobsPlus – Dept. of Social Protection
Jobseeker 1-2 years unemployed - €7,500
Jobseeker over 2 years - €10,000
No limit on number of employees
Paid monthly in arrears over 2 years
Minimum of 30 hours of work per week
Ineligible if displacement occurs
053 9124572 jobs@chevrongroup
23. Priming Grant – Local Enterprise Office (LEO)
Maximum number of employees - 10
Preference for manufacturing or export potential
50% of employment costs
Limit - €15,000 per job
Cannot cause external displacement
053 9124572 jobs@chevrongroup
24. Wage Subsidy Scheme - Employability Wexford
Supporting people with disabilities
120 candidates on their database
Wage Subsidy is €5.30 per hour
Minimum 20 hours per week
Wage subsidy is paid indefinitely
053 9124572 jobs@chevrongroup
25. Key Manager Grant - Enterprise Ireland
Business must employ 10 or more staff
Trading for at least 2 years
Internationally traded service/manufacturing
Must be a new role within company
Covers 50% of first years’ salary
Maximum salary €80,000
053 9124572 jobs@chevrongroup
26. Job Expansion Fund – Enterprise Ireland
Same criteria as key manager
Staff must be based in Ireland
Minimum 3 non-sales positions
Maximum grant €150,000
Maximum per job - €15,000
053 9124572 jobs@chevrongroup
27. Overview of the Local Job Market
Those that emigrated are on their way home – 500 per annum to Co. Wexford
Shortage of construction, hospitality, healthcare, IT, telecoms staff
Adequate supply of sales, admin, finance, retail, childcare staff
Employees are on the move for higher salaries and career progression
Over 50% of staff are now sourced through Social Media Channels
450m people have to date uploaded their CV’s to LinkedIn
053 9124572 jobs@chevrongroup