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For over 35 years, MSS has been advising and supporting Irish SMEs with sound, practical, and competitively priced support to help ensure they are always fully aware of their responsibilities as an employer.
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The Workplace Relations Commission (WRC) has dismissed a complaint by Rafael Jorge against his former employer, Centric Mental Health. The tribunal deemed it "reasonable" for the company to require Mr. Jorge, who was on a fully remote contract, to visit the Dublin office once a month, especially after Centric had previously adjusted the requirement from two days a week. This decision marks the second ruling under the Work Life Balance and Miscellaneous Provisions Act 2023. Mr. Jorge, an accounts worker who represented himself during the proceedings, explained that he had declined another job offer to remain with Centric, having accepted a fully remote position starting in September 2022. On January 11, 2024, following discussions with HR, Mr. Jorge received a letter indicating he was now "required to attend" the office at least twice a week. Mr. Jorge argued that due to his residence in Tralee, Co. Kerry, this was impractical. Despite expressing his concerns, he received insistence from his employer about the new requirements, prompting him to file a formal grievance. In response to Mr. Jorge's objections, Centric reduced the attendance requirement to just one day a month. Mr. Jorge then requested additional compensation, including a pay rise, lunch allowance, and travel expenses, which the company agreed to regarding lunch and travel. Centric justified its request for Mr. Jorge to return to the office, citing the need for improved communication among colleagues and the changing dynamics of the business. With other employees required to come in twice a week, the company argued that the one-day-a-month requirement for Mr. Jorge was "fair and reasonable." At the June hearing, Mr. Jorge maintained that Centric was obligated to uphold the terms of his August 2022 contract amendment. However, adjudicator Brian Dalton noted that the dispute arose before the new legislation took effect. He clarified that he would assess Mr. Jorge's ongoing objections to attending the office as a request for remote work. The adjudicator found that Centric had met its legal obligations and adequately assessed the business's needs against those of the employee. Ultimately, he ruled that the one-day-a-month requirement was a reasonable modification to Mr. Jorge's contract and dismissed the complaint. This ruling serves as an important reminder for HR professionals to consider both employee needs and business requirements when navigating remote work arrangements.
The Oireachtas has recently enacted important legislation that enables employees diagnosed with a serious illness to defer their maternity leave until they complete their treatment. This measure is part of the Maternity Protection, Employment Equality and Preservation of Certain Records Bill 2024. Under the new law, maternity leave can be postponed for a duration of five to 52 weeks, based on a doctor’s certification. Notably, this postponement will not affect other leave entitlements, such as unpaid maternity leave and parents' leave. In addition to these provisions, the bill also includes amendments to the Employment Equality Act 1998 to regulate the use of non-disclosure agreements related to discrimination and harassment. The bill is now poised to be signed into law by the President, representing a significant advancement in supporting employees facing serious health challenges during their maternity leave. HR departments should take steps to implement these changes and ensure employees are well-informed about their new rights and options under this legislation.
As we approach the year-end appraisal season, it’s important to reflect on how we can enhance the performance review process. In today’s rapidly changing workplace, the traditional appraisal is evolving into a continuous dialogue between managers and employees. This shift emphasises ongoing feedback, personal development, and alignment between individual goals and business objectives. Here are some practical tips to help you create a culture of collaboration during performance appraisals. Key Factors to Keep in Mind: 1. Ongoing Dialogue: Regular check-ins throughout the year foster open communication, making appraisals a natural continuation of those discussions. 2. Positive Framing: Emphasise that appraisals are opportunities for growth and development, not disciplinary meetings. 3. Employee-Centric Conversations: Encourage employees to share their thoughts and aspirations. Aim for a two-way dialogue where the employee leads much of the conversation—consider the 80:20 rule! 4. Align Goals: Discuss how employees' personal development goals align with business needs. This collaborative approach enhances motivation and commitment. 5. Create a Comfortable Environment: Choose a quiet, confidential space for discussions. Ensure you allocate sufficient time and conduct meetings as scheduled. 6. Preparation Materials: Provide documents in advance for employees to fill out. This helps them reflect on their goals and achievements before the meeting. 7. Make it Engaging: Avoid making this a paperwork exercise. Create a session both parties look forward to, where employees feel valued and heard. 8. Listen Actively: Show that you value their input and are genuinely interested in their development. This builds trust and encourages open communication. By following these guidelines, you’ll create a constructive appraisal experience that fosters growth and strengthens your team’s commitment.