[Ireland] Compensation for remote work appeals should be higher

In Ireland, politicians have been told that workers should get bigger compensation payouts in successful appeals under new remote working laws, Independent.ie reports.

Draft legislation due to come into force in the country later this year will grant workers a legal right to request remote working. If an employer turns down a request, workers can make an appeal to the Workplace Relations Commission.

A submission by the Irish Congress of Trade Unions (Ictu) to the Oireachtas committee scrutinising the draft law - prior to an appearance later this week - is looking for major amendments on the right to appeal in the new bill.

The Ictu and Fórsa submission to the Joint Committee on Enterprise reportedly noted that the “compensatory redress” an employee is entitled to will not exceed four weeks’ remuneration.

It says this limit is “wholly inadequate and out of line” with a limit of 104 weeks’ pay available for workers under existing employment legislation.

Remote working will be a significant issue in the weeks ahead as a staggered return to offices escalates following the lifting of restrictions. An estimated one in four employees worked from home during the first lockdown and a number of employers have promised hybrid arrangements.

According to the submission, only one in 20 workers regularly worked remotely before the pandemic.

Ictu social policy officer Laura Bambrick said affiliated unions have indicated that some employers are refusing talks on remote working until they have seen the new legislation.

“There is a real sense of urgency that we need to get it strengthened and enacted,” Ms Bambrick said.

“The legislation proposing to introduce a reduced cap for compensation that doesn’t exist in other legislation feeds into the point that it is going in favour of employers.

“Overall, the right to request remote work bill favours employers over workers, from the time you have to be working for an employer to the time they have to come back on a request. If issues concerning the reasons for refusing a request and the appeal grounds are not resolved, it will not be worth the paper it’s written on.”

The unions’ ‘Make Remote Work’ submission urges a major change to the draft law so an appeal can be made on the grounds that an employer’s refusal was unreasonable.

It reads, “As currently written, the bill only allows for a complaint to the Workplace Relations Commission on technical grounds, such as the decision was late. It doesn’t allow an employee to appeal the reason for refusing the request.

“This significantly impairs the usefulness and effectiveness of the proposed legislation.”

An employee can make a complaint if their employer has failed to return a decision within 12 weeks. They can also make a complaint if the employer fails to provide the grounds for refusal or fails to accept a request after 30 days from a worker who withdraws an earlier request.

The unions’ submission says appeals should be permitted for employees victimised as a result of having requested, appealed or engaged in remote working.

It says a long list of grounds that employers can refuse in the first draft of the proposed legislation is far too extensive.

“If enacted in its current form, the right to request remote work bill would not deliver robust legislation guaranteeing fair procedure and balancing the employer and employee needs,” it says.

Source: Independent.ie

(Quotes via original reporting)

In Ireland, politicians have been told that workers should get bigger compensation payouts in successful appeals under new remote working laws, Independent.ie reports.

Draft legislation due to come into force in the country later this year will grant workers a legal right to request remote working. If an employer turns down a request, workers can make an appeal to the Workplace Relations Commission.

A submission by the Irish Congress of Trade Unions (Ictu) to the Oireachtas committee scrutinising the draft law - prior to an appearance later this week - is looking for major amendments on the right to appeal in the new bill.

The Ictu and Fórsa submission to the Joint Committee on Enterprise reportedly noted that the “compensatory redress” an employee is entitled to will not exceed four weeks’ remuneration.

It says this limit is “wholly inadequate and out of line” with a limit of 104 weeks’ pay available for workers under existing employment legislation.

Remote working will be a significant issue in the weeks ahead as a staggered return to offices escalates following the lifting of restrictions. An estimated one in four employees worked from home during the first lockdown and a number of employers have promised hybrid arrangements.

According to the submission, only one in 20 workers regularly worked remotely before the pandemic.

Ictu social policy officer Laura Bambrick said affiliated unions have indicated that some employers are refusing talks on remote working until they have seen the new legislation.

“There is a real sense of urgency that we need to get it strengthened and enacted,” Ms Bambrick said.

“The legislation proposing to introduce a reduced cap for compensation that doesn’t exist in other legislation feeds into the point that it is going in favour of employers.

“Overall, the right to request remote work bill favours employers over workers, from the time you have to be working for an employer to the time they have to come back on a request. If issues concerning the reasons for refusing a request and the appeal grounds are not resolved, it will not be worth the paper it’s written on.”

The unions’ ‘Make Remote Work’ submission urges a major change to the draft law so an appeal can be made on the grounds that an employer’s refusal was unreasonable.

It reads, “As currently written, the bill only allows for a complaint to the Workplace Relations Commission on technical grounds, such as the decision was late. It doesn’t allow an employee to appeal the reason for refusing the request.

“This significantly impairs the usefulness and effectiveness of the proposed legislation.”

An employee can make a complaint if their employer has failed to return a decision within 12 weeks. They can also make a complaint if the employer fails to provide the grounds for refusal or fails to accept a request after 30 days from a worker who withdraws an earlier request.

The unions’ submission says appeals should be permitted for employees victimised as a result of having requested, appealed or engaged in remote working.

It says a long list of grounds that employers can refuse in the first draft of the proposed legislation is far too extensive.

“If enacted in its current form, the right to request remote work bill would not deliver robust legislation guaranteeing fair procedure and balancing the employer and employee needs,” it says.

Source: Independent.ie

(Quotes via original reporting)