Ensuring Safe Work Environments: Understanding Staff Relations and Legal Considerations
Learn about managing workload and promoting positive staff relations, discover how principals spend their time, and delve into recent headlines on workplace harassment and bullying. Explore a case study on potential bullying at work involving legal considerations, and understand the laws governing staff relations to ensure a safe workplace.
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Managing Workload Managing Workload Promoting Positive Staff Promoting Positive Staff Relations Relations David O Sullivan Assistant General Secretary Maria McHenry Senior Official
How are principals spending their time? How are principals spending their time? Staff Management Administrative principals = 9% Teaching principals = 4% INTO LIRL 2018 20% of queries - Staff Relations 568 Staff Relations queries and casework 40% from Principals
Making Headlines Making Headlines Fresh harassment and bullying allegations have emerged at the National Museum -The Journal.ie 1stMarch, 2018 Manager sprayed fire extinguisher and perfume on employee - Irish Independent 10thJanuary, 2019 Reports of workplace bullying have been high in Ireland - it s time employers do something - Fora.ie 9thJuly 2019 Labour Court criticises Dunnes for workplace bullying procedures - The Business Post 21stJuly, 2019 Dublin Port probes sexual harassment claims and bullying - Irish Independent 15thSeptember, 2019 Lecturer sexually harassed by students awarded 10,000 compensation Irish Times, 26thSeptember, 2019
Activity: Part 1 Activity: Part 1 Mary, 2ndclass teacher approaches you quite upset and informs you that another colleague, John the SET, has spoken to her inappropriately and in an aggressive manner in the presence of pupils. She says that she is being bullied by John as there are at least one or two incidents like this over 3 years. She claims that the Board as her employer is failing in its duty of care towards her by not providing a safe place of work. She says that this most recent interaction has caused her stress and that she intends to visit her GP. She is also considering resigning her job because of the intolerable situation. Would you deem Mary s account to be bullying? Are there any legal considerations arising in this scenario?
What does the law say about Staff Relations? What does the law say about Staff Relations? Health, Safety and Welfare at Work Act [2005] HSA-Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work [2007] Employment Equality Acts [1998-2015] Equality Authority Code of Practice on Sexual Harassment and Harassment at Work [2012] Unfair Dismissals Act [1977-2015] Law of Tort: Personal Injury, Negligence, Vicarious Liability, Breach of Duty and Breach of Contract
Employers Duties Employers Duties To ensure employees safety, health and welfare at work as far is reasonably practicable... Managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk; Have proper procedures in place to deal with improper conduct or behaviour... Section 8: Health, Safety and Welfare at Work Act [2005]
Employees Duties Employees Duties An employee shall, while at work not engage in improper conduct or other behaviour that is likely to endanger his or her own safety, health and welfare at work or that of any other person Section 13(1)(e) Health, Safety and Welfare at Work Act [2005] Employees have duties to behave and conduct themselves so as to respect the right of employers and other employees to dignity, courtesy and respect at work and the right not to be placed at risk as regards to their safety, health and welfare from bullying at work . Code of Practice for employers and employees on the prevention and resolution of bullying at work: HSA, 2007
Bullying Definition Bullying Definition Repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment which could reasonably be regarded as undermining the individual s right to dignity at work. An isolated incident of the behaviour in this definition may be an affront to dignity but as a once- off incident is not considered to be bullying HSA Code of Practice (2007) Quigley v Complex Toolin and Moulding [2009] 1 IR 349
Bullying and Harassment Cases Bullying and Harassment Cases Sweeney v Ballinteer Community College [2011] IEHC 131 Dr. C had acted within the scope of his employment in engaging the services of the private investigator and in paying for those services out of a college fund administered by Dr. C. Therefore, the vicarious liability of the Board of Management of B.C.C. for the acts of Dr. C. is not an issue in this case. What are involved are issues of foreseeability, causation and damage - Mr. Justice Herbert Una Ruffley v St Anne s NS, Curragh Not every wrong, even one which results from unfair or unfortunate circumstances, gives rise to a cause of action. Given that the test for bullying is of necessity to be set very high, these are not circumstances which can attract damages Mr. Justice Peter Charleton
Sexual Harassment and Harassment Definition Sexual Harassment and Harassment Definition Sexual Harassment: any form of unwanted verbal, nonverbal, or physical contact of a sexual nature, being conduct which has the purpose or effect of violating a person s dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment for the person. Section 14 (A), Employment Equality Acts 1998-2015 Other Harassment: may constitute any act or conduct, such as spoken words, gestures or the production, display or circulation of written words, pictures or other material
Ms Ms A v. Board of Management, A v. Board of Management, Secondary School in the South of Ireland Secondary School in the South of Ireland Complainant was not taken seriously and insufficient weighting was attached to her complaints Lack of timeliness and early intervention criticised Discrimination occurred on gender grounds Harassment on gender grounds through the conduct of the Employer and by not taking reasonable and practicable steps to prevent or reverse her sexual harassment
Redress Redress 39,204 for sexual harassment and Employer s failure to reverse the effect (tax exempt) 26,136 for harassment on the gender ground (tax exempt) School ordered to improve recruitment and probationary practices School ordered to review policies and procedures with particular reference to sexual harassment
Activity: Part 2 Activity: Part 2 What do you consider to be your role in dealing with Mary and John? What steps can you take to safeguard against this situation?
Role of Principal and/or Deputy Principal Role of Principal and/or Deputy Principal Provide the policies and procedures Encourage direct contact where possible Facilitate meetings between the parties Be consistent, transparent and unbiased Consider/offer mediation as an option Strive to achieve closure-non binding expression of regret/apology if appropriate Promote the restoration of harmony over the medium to long term Keep a record of all meetings/engagement/outcome(s)
Staff Relations Procedures Staff Relations Procedures Working Together: Agreed between INTO and CPSA, CIBE, NABMSE, Educate Together Agreed ETB procedures: Bullying Prevention Policy Complaint Procedure for ETB Staff Harassment/Sexual Harassment Prevention Policy Complaint Procedure for ETB Staff Informal to Formal Staged Approach Emphasis on Resolution
Procedures Staff Relations Bullying & Harassment Grievance Teacher to Principal Decide to Address Teacher to Teacher Informal Stage 1 Chairperson Teacher to Teacher Principal Stage 2 Board of Management Principal or Chairperson Mediation Stage 3 Independent Tribunal Board of Management Board of Management Stage 4 Formal
Principles of Natural Justice and Fair Procedure Principles of Natural Justice and Fair Procedure That matters are fairly and promptly examined and processed That details of any allegation/ complaint are put to the employee That the employee has the opportunity to respond Right to be represented Right to fair and impartial determination
Getting the Procedures Right Getting the Procedures Right Lyons v Longford Westmeath ETB [2017] IEHC 272 if there is a finding of bullying under an investigation that adopts constitutional fair procedures, this may amount to conduct of a serious nature. In a case such as this, such a finding would allow an employer to invoke Stage 4 of the procedures - but only if the investigation leading to such a finding had been conducted in line with fair procedure Mr. Justice Eager
Getting the Procedures Right Getting the Procedures Right A Special Needs Assistant v A National School WRC June 2019 The Employer has a grievance procedure setting out in clear concise language how that is to be progressed Recommendation: The Employer conclude this matter with the issuing of a written decision of the investigator s findings following his deliberations.
What makes for negative staff relations? What makes for negative staff relations? Bullying, intimidation, victimisation, verbal abuse, sexual harassment Lack of consultation, discussion and involvement in decision making Lack of decision making or indecisiveness Unwillingness to co-operate with school policy Cliques among staff
What makes for negative staff relations? What makes for negative staff relations? Lack of co-operation with newly/ promoted postholders/ principal Personality factors Staff uncertainty or lack of support Change Favouritism, fear, being undermined
What makes for positive staff relations? What makes for positive staff relations? Building relationships/promoting co-operation and collaboration Effective communication Effective decision-making Respect for roles and responsibilities
What makes for positive staff relations? What makes for positive staff relations? Conflict resolution Managing unacceptable behaviour Effective school policies and procedures Culture of trust and mutual respect
Dignity at Work Policy Dignity at Work Policy Sample policy available Consult with staff Adoption and ratification by the Board of Management Embed positive staff relations in your school culture Training, monitoring and review
Key Take Key Take- -Away Points Away Points Reasonable and Practical Steps Safe Place of Work Preventative Measures Timeliness and Early Intervention Vicarious Liability Policies and Procedures Fair Legitimate Management Procedures
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