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The Employment Relations Act 2000 (“the ERA”) took effect during October 2000 implementing the statutory requirement of good faith employment relationships. One of the major changes to Employment Law brought about by the ERA is that there are now minimum requirements in relation to all new Individual Employment Agreements including a requirement that these now be in writing and that all prospective employees be given an opportunity to see the proposed Agreement and take independent legal advice about it before it is signed and before starting work.
Do your processes for taking on new employees comply with the ERA? We can supply information packs tailored to your needs to help you. This includes standard form Employment Agreements which comply with the ERA.
Other changes to Employment Law brought about by the ERA include:
- The strengthening of unions and collective bargaining
- The requirement for parties to an employment relationship to deal with each other in good faith
- A definition of just who is an employee
- Reinstatement is the primary remedy in cases of unjustified dismissal
- Individual Employment Agreements for a fixed term and probationary arrangements are subject to special provisions in the Act
- The replacement of the Employment Tribunal with the Employment Relations Authority and the introduction of the Mediation Service to resolve employment relationship problems
- Employers may not hire replacement staff in the event of a strike except where health and safety is at risk.
Things which all prudent employers should do include:
- Reviewing the form of all Individual Employment Agreements to ensure that they continue to comply with the legislation.
- In relation to collective bargaining, all employers would be well advised to find a good bargainer - someone who understands their needs, the legislation and how it is designed to work
- If an employer is going to be involved in “good faith bargaining” advice will be needed about what should and should not be done. Employers need to know what their duty of disclosure is
- Employers should review all independent contractor arrangements if they have any that are likely to be caught by the Act.
- Make sure that all your Employment Agreements contain appropriate “Employee Protection” provisions.
- Make sure that all your Employment Agreements comply with the Holidays Act 2003
We can also assist you with employment relationship problems that arise and help you devise appropriate disciplinary processes. By following a fair process many employment relationship problems can be resolved without a personal grievance being taken to the Employment Relations Authority. Personal grievances cost time and money which most businesses can ill afford. By devising fair and appropriate disciplinary processes, employers can avoid many of the pitfalls which lie in wait for the modern manager. Remember, prevention is almost always better than having an employment problem investigated by the Employment Relations Authority.
All employers should by now be completely familiar with the provisions of the ERA and the implications for the workplace. If you would like advice about how the ERA affects you, or if you would like a member of our employment team to come to your work place to carry out an audit of your processes and procedures, please telephone Russell Buchanan on (04) 472 8269 or by email.