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Did you know

As employer, do you know your responsibilities to your staff? Are you aware that failure to fulfil these duties can result in heavy fines, not to mention costly legal battles?
Below are some of the most common employer oversights:

By Law You Must:
  • Issue written statements of the particulars of employment for all your staff (Terms of Employment (Information) Act 1994)
        Failure to do so may result in you being ordered to pay compensation of up to 4 weeks
        remuneration.

  • Ensure your staff avail of a rest break of 15 minutes after 4.5 hours of working time (Organisation of Working Time Act 1997).
        If you don’t, you may be subject to a fine of €1,900. If you have been convicted and
        remain in breach of the Act, you shall be subject to pay €650 for each day this continues.
        You must maintain details of the days and total hours worked in each week for each
        employee (Organisation of Working Time (Records) (Prescribed form and Exemptions)
        regulations 2001). Failure to do so may result in fines of €1,900.

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You Should:
Have a comprehensive Grievance and Disciplinary Procedure in place (Code of Practice: Grievance and Disciplinary procedures 2000)

If you find yourself in an Employment Appeals Tribunal through an alleged unfair dismissal case, your case will be deemed unfair if you are unable to show that you have followed adequate procedural fairness. If so, you may be subject to paying up to 104 weeks remuneration to the claimant.

Have a written equality statement and method for ensuring that the workplace is free from bullying and sexual harassment. (Code of Practice: Measure to protect the Dignity of Women 1994)


Should an employee claim they have been allegedly bullied or harassed in your workplace, you may be held liable if you were aware or should have been aware that this harassment was taking place and you, as an employer, failed to take action.

If discrimination is found to to have taken place you may be held liable to a summary conviction of €1,875 and a conviction on indictment of up to €19,050.

For more information contact the HR Department
HR Department, 49 Hollybank Avenue, Lower Ranelagh, Dublin 6, Ireland.
 
Phone : +353 (0)1 685 2360 Fax: +353 (0)1 685 2532 E-mail: info@thehrdepartment.ie

Registered in Ireland under company number 348834

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