Employee Handbook 2013 - Ballyhoura Development
Transcription
Employee Handbook 2013 - Ballyhoura Development
Employee Handbook 2013 OFFICE CONTACT DETAILS KILFINANE – 063 91300 CAHERCONLISH – 061 351217 CHARLEVILLE – 063 21008 MITCHELSTOWN – 025 85213 JOBS CLUB – 063 91730 WWW.BALLYHOURADEVELOPMENT.COM Ballyhoura Development Limited About these Guidelines The Company The Development Strategy Ballyhoura Country – The Area Vision & Mission Statement, Strategy, Org. Principles Organisational Principles Organisational Structure Board of Directors of Ballyhoura Development Limited Staff of Ballyhoura Development List 2013 1 1 1 1 2 3 4 5 6 Programme Summaries Linked Companies Abbreviations List 7 9 10 POLICIES & PROCEDURES Information 11 • General Housekeeping Information Induction Personal Safety Communication Dress Code Computer Network and Internet Usage Protection of Information Public Relations Smoke Free Workplace Employment Performance 57 Adoptive Annual Carers Compassionate Force Majeure Hours of Work Jury Service Maternity – Under Review Paternal Sick Time off in Lieu Grievance / Disciplinary 47 Client Support in Ballyhoura Client Support on Staff on Leave Customer Service Complaints Staff Development & Training Performance Reviews Leave 25 Equality Conflict of Interest & Loyalty Policy Recruitment Travel & Subsistence Volunteer Worker Dignity in the Workplace Management Accountability Company Pension 79 Disciplinary Grievance Preventing and Dealing with Harassment at work. APPENDIX i - Code of Practice for Employing People with Disabilities APPENDIX ii - Learner Charter 87 89 Ballyhoura Development Limited 2013 About these Guidelines The information contained is provided for all colleagues. Please use it as a general information reference and guide to the practices, policies and procedures Ballyhoura Development Limited has adopted. From time to time it may be necessary to amend or modify some of the information provided; however any amendments will be communicated to you in a timely fashion If you have any queries please refer to the Senior Administrator, Maura Quane who has responsibility for Human Resources The Company Ballyhoura Development Ltd is a company limited by guarantee, with charitable status. It is a partnership of community & voluntary sector, social partners and public and elected representatives. Its operational area is the Ballyhoura Development Area, a dispersed rural area, with a total population of 78,191 (density 41.8 persons per sq. km), with 54 local communities. The nearest urban centres are Limerick and Cork which are respectively 40 km and 60km from Ballyhoura's headquarters in Kilfinane. The occupational distribution of the Ballyhoura population reflects the high dependence on agriculture and a corresponding underdevelopment of the industrial, commercial and professional services sectors. The company manages EU and National programmes – (e.g. RDP, Local Community Development Programme, Rural Social Scheme, Enhancing Disability Services - and brokers mainstream funding with the aim of revitalising the rural area. The Development Strategy The overall development strategy of Ballyhoura Development Ltd. is: the animation and mobilisation of individuals and groups to bring about their own development and participate in the development of their community through the brokerage of resources from programmes and agencies and the piloting of initiatives with a view to mainstreaming innovative and sustainable solutions. Animation and mobilisation are facilitated by the establishment of outreach contact centres and the provision of skilled personnel who enable groups and individuals take up opportunities. The emphasis by Ballyhoura Development Ltd. is on partnership between public representatives, statutory, commercial and community promoting active participation by all partners at all levels Ballyhoura Country – The Area Ballyhoura Country is divided into five districts: Golden Vale District Mulcair District South East (Limerick) District Galtee District St. Ailbe’s Maigue District 1 Ballyhoura Development Limited 2013 Organisational Vision To make the Ballyhoura Development Area a quality location in which to enjoy life and work and a favoured destination for investors, visitors, returning migrants and immigrants. Organisational Mission Ballyhoura Development Ltd. working in partnership to foster a proactive and inclusive society, eager to preserve heritage and culture, embrace change and exploit new opportunities. Overall Aim of the Ballyhoura Rural Development Strategy: To facilitate the growth of a diversified rural-based economy whilst developing a knowledge-driven society to ensure superior quality of life opportunities in the Ballyhoura Development Area. Economic Diversification Aim: To facilitate the development of the enterprise, food and tourism sectors and stimulate employment in a manner that optimises their contribution to the rural economy on a sustainable basis. The aim will be met through four measures; Enterprise, Food, Employment and Rural and Agri-Tourism. Quality of Life Aim: To facilitate all those living and working in the area in realising their social, cultural, environmental and recreational expectations. The aim will be met through six measures; Community Services & Facilities, Active Citizenship, Socio-Economic Planning, Recreation, Heritage & Culture and Environment. Strategy A partnership approach promoting transparency, openness and accountability Provision of outreach services to improve accessibility to information on opportunities and options; The ongoing animation and mobilisation of individuals and groups to bring about their own development and participate in the development of their own community; Engaging in strategic planning, review and evaluation at community, committee and Board levels as well as active participation in the County Development boards’ The brokerage of resources from statutory agencies and private sources; The piloting of initiatives with a view to mainstreaming innovative, sustainable solutions; The targeting of significant groups such as young people, women and farm families; Influencing policy development and implementation. 2 Ballyhoura Development Limited 2013 Organisation Principles Professionalism Ballyhoura Development Limited is committed to being an organisation that promotes and encourages a professional workforce and service centre for members of the public. The company is committed to providing a quality service this will be aided by exercising confidentiality, integrity, co-operation, respect and pride in all of their work. Support Support will be offered and provided to all clients and staff members of the company. This includes any support such as funding, technical expertise, general information, linking to other partners for assistance or the offer of help to others who may have an increased workload from time to time. The provision of support to clients and staff will contribute to community spirit in the organisation, as will communication techniques available. Inclusiveness is promoted internally and externally at all times as is empathy, dignity and equality to staff and members of the public. Employee Well-being The company is committed to developing a pleasant environment in which to work. Employees are encouraged to share information, work as part of a team, integrate with each other and with other teams in the company, communicate freely and professionally, respect each other’s privacy and each other’s work. Management will ensure a thorough induction and handover process for newly appointed or promoted employees. Communication tools will be available where employees will have their say on all matters relating to the company and also to request or offer support and exchange information. Accountability The company operates open and transparent systems. Procedures will be adhered to as per E.U., National & Funders guidelines. All information will be accessible as required and records / information will be kept as per relevant regulation. 3 Ballyhoura Development Limited 2013 Organisational Structure 4 Ballyhoura Development Limited 2013 Directors of Ballyhoura Development Limited Mr. John Walsh ◊ Chairperson Mr. Michael J. Noonan ◊ Vice Chairperson SOCIAL PARTNERS Condon, Pat, SIPTU, Limerick Gleeson, Aidan, (Farming Pillar) Walsh, John, (Farming Pillar) O’Sullivan, Ben, (IBEC – Tourism) Bradley, Ted (Environmental Pillar) COMMUNITY AND VOLUNTARY Fitzgerald, Moss, (Galtee Forum) Fogarty, Pat, (Mulcair Forum) Murphy, Jerry, (Golden Vale Forum) Noonan, Michael J, (St. Ailbe’s Maigue Forum) Richardson, Charlie, (South East Forum) Browne, Maureen, (Social Inclusion) O’Doherty, Liam (Community Enterprise) LOCAL GOVERNMENT Cotter-Coughlan, Josephine, Limerick County Council O’Donnell, Cllr William, Limerick County Council O’Keeffe, Cllr Kevin, Cork County Council Murrell, Moira Cork County Council STATUTORY VACANT, Shannon Development Cullen, Bernadette, Co. Lk VEC Fitzgerald, Padraig, Teagasc Vacancy: Awaiting Nomination from North Cork Enterprise Board 5 Ballyhoura Development Limited 2013 Staff of Ballyhoura Development Limited & Office Location Carmel Fox ◊ Chief Executive Officer Community Team Catherine Smyth (Kilfinane), Community Development Manager David O’Grady (Charleville), DO (Golden Vale District) Eileen O’Keeffe (Kilfinane), DO (South East District) Olivia O’Brien, DO (St. Ailbes Maigue District) Sadie Allen (Mitchelstown), DO (Galtee District) Barry Wilson (Tús Supervisor and Co-ordinating Supervisor for Tús & RSS) Colum Hardy (Kilfinane), RSS Supervisor Kevin Doody (Lough Gur & Kilfinane), RSS Supervisor Mike Ryan, Liam Donegan, Kevin Moloney and David Gill, all Tús Supervisors Economic Development Team Padraig Casey (Kilfinane), Economic Development Manager Amanda Slattery (Kilfinane), Tourism & Heritage Officer Claire Horgan (Kilfinane), Enterprise Officer (All queries) John Hassett (Kilfinane), Enterprise Officer (SYOB focus) Kate Lennon (Kilfinane), Employment Officer Joe Biggane (Kilfinane), Employment Officer & Part-time Jobs Club Leader Catherine Fitzgerald (Kilfinane), Part-time Jobs Club Leader Anisa Moynihan (Kilfinane), Jobs Club Leader Tim Madden (Bruff), Enterprise Officer (Food focus) Yvonne Griffin (Bruff), Employment Officer Ruth Herman, Supervisor of the Ballyhoura Outdoor Recreation Programme Mark Britton, Assistant Supervisor of the Ballyhoura Outdoor Recreation Programme Peggy Barry (Hospital), Supervisor of the Ballyhoura Architectural Survey Mary McCarthy (Hospital), Assistant Supervisor of the Ballyhoura Architectural Survey Don Colbert (Doneraile), Supervisor of the Ballyhoura Antiques & Furniture Restoration Project Max Hennessy (Doneraile), Asst. Supervisor of the Ballyhoura Antiques & Furniture Restoration Project Corporate Governance / Administration / Research & Evaluation Team Mary Gleeson (Kilfinane), Financial Controller Maura Quane (Kilfinane), Senior Administrator / HR Officer / Office Management Annette O’Regan (Kilfinane), Research & Evaluation Officer Gerry Murphy (Kilfinane), Administrator Annette Crowley (Kilfinane), Administrator Catherine Lynch (Kilfinane), Administrator Patricia Boyle (Kilfinane), Finance Officer Phoebe Barrett (Kilfinane), Administrator Community Support Workers Community Support Workers are based in each outside office 6 Ballyhoura Development Limited 2013 Contracts Monica McKenna – Community Development (Caherconlish) Geraldine Lyons – Family Support Worker (Charleville) Ballyhoura Fáilte Limited / Ballyhoura Heritage & Environment Limited (Kilfinane office) Fergal Somers, Manager Ballyhoura Fáilte Limited Jim Flynn, C.E. Scheme Supervisor Caroline McGiff, Ballyhoura Fáilte Accounts Admin Tara McCarthy, Audrey O’Brien, Evelyn O’Keeffe Admin / Reception / Tourist Info Fiona O’Doherty, Caretaker Programmes Administered by Ballyhoura Development Limited as at 2013 Rural Development Programme 2007-2013 (J: All folders / Programme Operations / LEADER Operations / Rural Development Programme 07-13) The aim of RDP is to encourage and help rural actors to think about the longer-term potential of their area. It seeks to encourage the implementation of integrated high-quality, original strategies for sustainable development designed to encourage experimenting with new ways of Enhancing the natural and cultural heritage Reinforcing the economic environment, in order to contribute to job creation Improving the organisational abilities of their economy. (RDP is managed by the Dept. of Environment, Community & Local Government) LCDP (Local Community Development Programme) (J: All folders / Programme Operations / LDCP Operations) The Local Community Development Programme (LCDP) is a series of measures that are designed to counter disadvantage and to promote equality and social and economic inclusion. The LCDP is managed by Pobal on behalf of the Department of Community, Equality and Gaeltacht Affairs. It is funded by the National Development Plan 2007-2013 and is one measure of the Social Inclusion priority within the Regions. Rural Social Scheme The aims of this scheme are to provide income support for farmers and fishermen who are currently in receipt of long term Social Welfare payments, and to provide certain services of benefit to rural communities. This Scheme will allow those low-income farmers and fishermen who are unable to earn an adequate living from their farm holding/fishing, to earn a supplementary income. The intention of the RSS is that all of the work undertaken will be beneficial to the local community. The types of projects carried out under the RSS are likely to include: Maintaining and enhancing way-marked ways, agreed walks and bog roads, Energy conservation work for the elderly and the less well off, Village and countryside enhancement projects, Social care and care of the elderly, community care for both pre-school and after-school groups, Environmental maintenance work, Maintenance and caretaking of community and sporting facilities, Projects relating to not for profit cultural and heritage centres, Any other appropriate community project identified during the course of the Scheme. 7 Ballyhoura Development Limited 2013 Jobs Club The Jobs Club has been open since August 2000 and operates from the Kilfinane Office. A drop in service is available on a Wednesday in the Community Office in Croom and the Jobs Club Leader is available to meet by appointment on or through Employment clinics in various places around the area. The Jobs Club deals with unemployed people through one to one meetings, C.V. preparation, interview skills, training courses and job placement. The Club operates a resource area where members of the club have access to telephones, photocopying, newspapers and recruitment magazines as well as the guidance and information supplied by the staff of the Jobs Club. Ballyhoura Local Training Initiatives (FÁS funded) – Participants are in the 18 – 35 year age bracket. Often from low income, low educational attainment backgrounds. On the LTI they receive training to increase their chance of entering the labour market and cover a number of core and elective training modules. Ballyhoura Architectural Survey - FETAC Level 3 based in Hospital, Co. Limerick. Ballyhoura Outdoor Recreation Project - FETAC Level 5 based in Ballyorgan, Co. Limerick. Ballyhoura Antiques & Furniture Restoration Project - FETAC Level 5 based in Doneraile, Co. Cork. Equality for Women Measure Ballyhoura Women's Progression Programme aims to facilitate women in CLÁR areas of Ballyhoura Country to pursue further education or training opportunities, identify suitable and rewarding careers, enter the labour market, and participate fully in decision-making activities at all societal levels. Proactive animation Personal development training Skills training Adult career guidance Specific Skills training Job skills training One-to-one support and guidance Linkage to employment Linkage to enterprise 8 Ballyhoura Development Limited 2013 Linked Companies Ballyhoura Fáilte Limited Ballyhoura Heritage & Environment Limited Ballyhoura Food Centre (Hospital) Limited Mitchelstown Advance Factory Limited Forest Holiday Developments Limited Bruree Foods Limited Hospital Family Resource Centre – Mary McGrath, Manager Croom Family Resource Centre – Zara O’Driscoll, Manager RCCN Caring Limited – Colette Ryan, Manager Rural Bus - Ann Gaughan, Manager Mobile IT – Theresa Griffin, Acting Manager 9 Ballyhoura Development Limited 2013 Abbreviations List ANR - Agriculture & Natural Resource Forum BDL – Ballyhoura Development Ltd BFL – Ballyhoura Fáilte Limited CC – Community Committee CDB – County Development Board ILDN – Irish Local Development Network LAG’s – Local Action Groups LCDP – Local Community Development Programme LDSIP – Local Development Social Inclusion Programme LISHI – Low Income Smallholder Households Initiative LSP – Local Sports Partnership PAC – Projects Advisory Council RCCN – Rural Community Care Network RSS – Rural Social Scheme SIF - Social Inclusion Forum SIM – Social Inclusion Measures Group SME – Small & Medium Enterprise TTF – Tourism Task Force 10 Ballyhoura Development Limited 2013 INFORMATION POLICIES General Housekeeping Information Office Hours Normal working hours are as follows: Monday – Thursday 9.00am – 5.30pm Friday 9.00am – 5.00pm Lunch 1-2 each day with 15 minute breaks being allowed in the morning and in the afternoon. Alternative hours may be arranged with the Chief Executive Organising in-house meetings When organising in-house meetings, a note must be put in the main diary in reception. If tea / coffee, lunches etc. are required a note must be put in the diary in advance for the Caretaker. Multi-disciplinary Team Meetings and Staff Meetings Multi-disciplinary Team Meetings are held each quarter in each office. Staff / team meetings are held when required and are held on the last Wednesday of the month in question. These meetings allow for information exchange and updates. Staff members must keep their diary free when notified about the meetings. Sectoral Teams meet after the general staff meeting and at other times as required. Reception You MUST inform Reception of any of the following: When leaving the office When having a meeting in-house When taking Annual Leave / Time in Lieu (via the Salesforce system) When on sick leave (by 9.30am) Of any adverts that have been placed in the newspaper giving the main office as a contact number Of any courses that are being run through or brokered by Ballyhoura Development Limited Security & Office lock up The Caretaker is responsible for opening up the Office (in Kilfinane). All other offices, (including Kilfinane) In the event a staff member is working late, the last person out is responsible for the lock up of the building. Ensure all windows are closed securely and switch off lights before locking up. Ensure Alarm has been activated and that the main gate (if applicable) has been closed and locked before you leave. Alarm & Keys A key for the building (back door) and a code for the alarm is available from Maura Quane for the Kilfinane office. Car Parking Limited car parking is available at the back of the building; staff are encouraged to use same. Please do not park on the Street beside Healy’s bar /Da Vinci Creative (Kilfinane office only) 11 Ballyhoura Development Limited 2013 Employee Information Frequency of Payment Ballyhoura Development Limited runs payroll once monthly. All employees should have their wages in their bank on the last Friday of each month. Work Plans Staff are required to prepare 4 monthly work plans, Jan-April, May-August, Sept-Dec and to agree same with their Team Manager Performance Reviews Your Team Manager will carry out performance reviews; there will normally be an informal review after 6 months, and a formal performance and development review after 12 months. In advance of your review you should complete the Self-Evaluation form and the quarterly forward planner and give to your Team Manager at least two days before your planned review. In-house Opportunities Staff are welcome to apply for positions which may arise within the organisation. No preference will be given to staff members who choose to apply for these positions; they will undergo the same short listing / interview process as all applicants. 12 Ballyhoura Development Limited 2013 POLICY TITLE: INDUCTION APPLICABLE TO: ALL EMPLOYEES DATE: AUGUST 2009 PURPOSE All new members of staff will have formal induction. This will provide an opportunity to communicate the mission and objectives of Ballyhoura Development Limited and introduce new staff members to the structure, objectives, knowledge, ethos and culture of the company. POLICY Ballyhoura Development is committed to ensuring that it operates in a supporting and welcoming manner towards staff. This Staff Induction Policy has been developed to ensure that new staff experience an informative induction to their new post, making their transition as smooth as possible. Information on background and history, policy and procedures and reporting will be provided, along with an in depth knowledge to the post they are entering. The Induction process commences from the date of offer of appointment and ceases on completion of the probationary period. All staff regardless of grade, tenure or category are taken through the Induction process. PROCEDURE The following is a timetable for induction. All staff involved in the process are to prioritise their attendance for the induction, it is very important to meet the new staff member at the earliest possible time. First Meeting – Team Manager – Day 1 Introduction The Job / Work Planning The Team The overall business plan and where you fit! Relevant Reading Reporting Requirements CEO Report Arranges meetings with some other staff most relevant to the post Gives outline of other Teams within the organisation Questions & Answers Second Meeting – Financial Controller – Day 1 Fill in relevant forms re bank account, car details, car insurance indemnification Introduction to the Purchase Order System Introduction to Travel and Subsistence Third Meeting – Senior Administrator – Day 1 / 2 Overview of Ballyhoura Development Limited History of Ballyhoura Development Limited Ballyhoura Area & Map Structure of the organisation Committees of Ballyhoura Development 13 Ballyhoura Development Limited 2013 Policies & Procedures (Employment Handbook) Programmes & Funders IT System Health & Safety As relevant – shadowing of a colleague One Month Later Fourth Meeting CEO – History and Overview of Ballyhoura Fifth Meeting Team Manager – General overview / work plan discussion / targets 5 Months after start date – Meet with Team Manager Team Manager - Probation Appraisal, in line with the terms and conditions of employment At all times the Team Manager is available for support, in the event that the Manager isn’t available please contact the Senior Administrator. Alternatively please speak to your colleagues, somebody will know the answer – REMEMBER, THERE IS NO SUCH THING AS A SILLY QUESTION 14 Ballyhoura Development Limited POLICY TITLE: COMMUNICATION APPLICABLE TO: ALL EMPLOYEES DATE: Nov 2006 - Updated 2012 POLICY: 2013 It is the policy of Ballyhoura Development Limited, to brief all employees on all aspects of their work and all organisational matters that are relevant to them on an ongoing basis. PURPOSE: The purpose of this policy is to ensure that all employees are kept up to date on the activities of the company and included in the culture of the organisation. (Methods of Communication, see A overleaf) This policy applies throughout the organisation, and is particularly necessary in the context of the outreach offices operated by the company. This communications policy will be maintained in line with the Organisation’s standards and it will be reviewed annually in consultation with a cross sectional representative number of employees. (Employee representation, see B overleaf) Overall responsibility for the implementation of this policy lies with each staff member with ultimate responsibility being within the remit of the designated Human Resources Officer. PROCEDURE: Team Managers (see C overleaf) will update employees and employees will update colleagues and Managers on current issues during their regular meetings. At other times, informal methods of communication will be used to keep staff informed of relevant information. Relevant outcomes arising from Team Meetings will be circulated to all employees. The Company has invested in the Salesforce Programme, which is known as the Ballyhoura CRM which contains important information regarding diaries, clients, groups, communities, programmes. All staff are encouraged to use same where a license is in place for them. All employees will endeavour to contribute to a culture of communication within the company by striving to inform colleagues and to reply fully and promptly to all internal queries from fellow employees, as well as external queries from members of the public. As part of the Communications policy all customer complaints of a serious nature will be logged and rigorously investigated. Any customer complaints will be directed to the Senior Administrator. A Task Team of five people including at least one Team Manager and four employees drawn from across the company will organise, implement and report on the findings to the management and employees (as per Appendix II). Team Managers will hold monthly meetings with staff in each department. Action points will be circulated following these meetings. 15 Ballyhoura Development Limited 2013 IRIS is a performance monitoring system to be updated by relevant staff. Targets are set each year by staff. Quarterly targets will be reviewed by Team Managers. This may occur at one of the regular staff meetings. At a meeting at the end of the year the C.E.O will review the provisional outcomes from the year-end balance targets and outline the proposed targets for the New Year. The proposed new targets will be circulated to all employees who are invited to comment on, and to make suggestions to improve the targets or how the system is operated. A – Methods of Communication Salesforce / Ballyhoura CRM E-mail Multi-disciplinary Team Meetings Staff Meetings Meetings with C.E.O. / Team Manager Performance Review Company website B – Task Team Representation Senior Administrator At least one Team Manager Four other nominated employees Inclusive nomination, all employees may be nominated to Task Team. The Task Team will meet half yearly. At least two of the nominated employees should come from Ballyhoura Development Limited’s outreach offices and at least one from Administration staff. C – Management Team Chief Executive Economic Development Manager Community Manager Senior Administrator Financial Controller Research, Planning & Evaluation Officer Each Staff member is assigned to a Team Manager as per attached organisational chart. There is a meeting of the Economic Development Team and the Community Team after each monthly staff meeting. Employees who wish to have any item brought up / discussed as an agenda item must contact their Team Manager in advance of the monthly meeting. 16 Ballyhoura Development Limited POLICY TITLE: DRESS CODE APPLICABLE TO: ALL EMPLOYEES DATE: Nov 2007 - Updated 2010 2013 PURPOSE: It is Ballyhoura Development Limited’s intent that work attire should complement an efficient, orderly and professional environment. This policy intends to define appropriate business attire during normal business operations. POLICY: The Company recognises the business of different teams requires specifically suitable attire and also recognises the growing popularity of casual business dress and the positive effects of this on staff morale, on client communication, and generally in creating a more productive work environment. PROCEDURE: All staff of Ballyhoura Development Limited are requested to be neat and tidy in appearance and be mindful that at all times staff are representing Ballyhoura Development Limited. Key to sustaining appropriate business attire is the use of common sense and good judgement, and applying a dress practice that the Company deems conducive to its business environment. If you question the appropriateness of the attire, it probably isn’t appropriate. The nature of the work carried out by the Company is communicative and consultative with clients from various backgrounds and with different needs. It is up to each individual to ensure that the attire they choose is appropriate for their role. At all times staff are requested to ensure that they are approachable, therefore attire will need to suit the given role. This is important to ensure that good communication with clients is maintained and progressed. All attire should be smart, clean, neat and tidy and good personal hygiene is expected from all staff. Front-line staff should take particular care in looking approachable and professional in their dress. Enforcement of this code is the responsibility of Team Managers. Requests for advice and assistance in administrating or interpreting this guideline should be directed to the Senior Administrator. 17 Ballyhoura Development Limited POLICY TITLE: PERSONAL SAFETY APPLICABLE TO: ALL EMPLOYEES DATE: April 2008 2013 PURPOSE: At all times the safety of Ballyhoura Development staff is paramount; this policy sets out recommendations aimed at protecting staff. POLICY: The nature of the work carried out by the Company is communicative and consultative with clients from various backgrounds and with different needs. This policy should not prohibit the responsive nature we adopt when dealing with clients, however it serves to raise awareness of personal safety and ensure that staff are never in an uncomfortable setting while working. PROCEDURE: Discretion must be employed at all times when permitting entry to all Ballyhoura offices. Individual staff members have the right to ask a visitor to leave the premises if based on safety concerns. Occasionally business requires meetings to be held with clients off-site. It is recommended where possible the first meeting of the client be held at Ballyhoura premises. If this is not possible, employees should hold meetings in public populated locations. Staff should leave community meetings with members of the community and not remain in the facility alone. Staff should be vigilant when walking to their vehicles, particularly at night and in car parks that have little or no lighting. It is advised to park in a populated, lit up area where possible. If staff are attending off-site meetings, they must comprehensively document the location of the meeting and their contact information in the diary or with another staff member, and also give an expected return time. In the event and at any point a staff member feels unsafe, leave the premises or contact another staff member immediately. Keep your mobile phone with you at all times. Staff should be aware of personal safety issues, be vigilant at all times and consider their safety. Any safety incidents or concerns, however trivial they may seem must be reported to a Team Manager and the Senior Administrator as soon as possible. 18 Ballyhoura Development Limited POLICY TITLE: COMPUTER NETWORK & INTERNET USAGE APPLICABLE TO: ALL EMPLOYEES DATE: Nov 2006 – Updated 2012 2013 POLICY: It is the policy of Ballyhoura Development Limited (and all linked companies) that Computer Network and Internet usage for its employees and linked staff facilitates the efficient and productive use of the Network as a means to accomplish the organisations’ mission and goals. For the purposes of this policy the term Network is to include all computer based electronic communication or storage. This includes, but is not limited to, personal computers, Networks, Salesforce Ballyhoura CRM, Email, Internet, Storage Media (memory keys, tape backups, etc.). PROCEDURE: Uses that are acceptable and encouraged: • Communications and information exchanges directly related to the work of the Company. • Use for, research, analysis, advisory and professional or development activities related to the user's duties. • Internet access to explore the Internet for business purposes. Uses that are unacceptable: It is unacceptable for a user to use, submit, publish, display, or transmit on the network or on any computer system any information which: • Violates or infringes on the rights of any other person, including the right to privacy; • Contains defamatory, false, inaccurate, abusive, obscene, pornographic, profane, sexually oriented, threatening, racially offensive, or otherwise biased, discriminatory, or illegal material; • Violates regulations prohibiting sexual harassment; • Restricts or inhibits other users from using the system; • Encourages the use of controlled substances or uses the system for the purpose of criminal intent. • Uses the system for any other illegal purpose. • Uses the system to play games. • Solicit the performance of any activity that is prohibited by law. It is also unacceptable for a user to use the facilities and capabilities of the system to: • Conduct any non-approved business; • Transmit material, information, or software in violation of Company policies and legislation; • Conduct any political activity; • Engage in any activity for personal gain or personal business transactions • Make any unauthorised purchases. • Access or attempt to access unauthorised resources. • Run software other than that approved i.e. no software should be loaded onto pc's without the prior agreement of the CEO User Anonymity Misrepresenting, obscuring, suppressing, or replacing a user’s identity on the Internet or any of Ballyhoura Development Limited's electronic communications system is forbidden. The users name, 19 Ballyhoura Development Limited 2013 electronic mail address, organisation affiliation, and related information included with messages must reflect the actual originator of the messages. Personal Responsibility for User Name/Password It is the responsibility of each individual Network User to safeguard their personal user name and password, as the user is responsible for all network activity conducted under their own ‘user name and password’. Users should take reasonable care of Company equipment and data (e.g. should ensure back-up files on local hardware). Individuals should change their passwords if they feel, for any reason that it is known to someone else. Such changes should be made known to a member of the IT Committee. Logging/Monitoring Ballyhoura Development Limited routinely logs Internet/web usage, files downloaded, time spent on the Internet and related information. Monitoring of other Network activities i.e. internal E-Mail and Business Systems is also carried out. This information is produced for network management purpose only. Access From time to time it may be deemed necessary, where for example a staff member is out on long term illness or out of the Country on business or has left the Company and is not contactable that Managers may need to gain access to files on an individuals PC. This will be done by the CEO or in their presence. Confidentiality In general, Ballyhoura Development Limited will treat information stored on computers as confidential (whether or not that information is protected by the computer operating system). Requests for disclosure of information will be honoured only under one of the following conditions: When approved by the appropriate Ballyhoura Development Limited administrator; When authorised by the owners of the information; When required by local or state law. Except when inappropriate, computer users will receive prior notice of such disclosures. (Viewing of information in the course of normal system maintenance does not constitute disclosure). Electronic mail [e-mail] E-mail is considered network activity, thus, it is subject acceptable/unacceptable uses of the Network. to all policies regarding Applicability This policy applies to all Ballyhoura Development Limited Group Staff (employees, contract staff, temporary staff, etc.) and all linked staff who use the Ballyhoura Development Limited networking resources, as well as those who represent themselves as being connected in any way with the Company. All staff are expected to be familiar with and comply with this policy. Questions about the policy should be directed to the Senior Administrator Failure to comply with this policy could in certain circumstances, be regarded as a serious matter, and could be the subject of disciplinary action in accordance with the Company’s agreed disciplinary procedures. Responsibilities The following are responsible for implementing this policy: 20 Ballyhoura Development Limited 2013 • IT Committee members, the Senior Administrator and the CEO - to agree policies and procedures for Network usage, in order to promote consistent network usage. • Office Managers (e.g. Development Officer, Project Leader) – to decide what staff require Internet Access and to ensure the compliance of users to the policy. • Network Users – to follow all company Network policies and procedures. SANCTIONS Violators of this policy may lose computing and network privileges. (Staff will be subject to normal disciplinary procedures). Violations of the policies described above for legal and ethical use of computing resources will be dealt with in a serious and appropriate manner. Illegal acts involving Ballyhoura Development Limited computing resources may also be subject to prosecution by local or state authorities. "LIMITATION OF LIABILITY" The undersigned acknowledges that he/she has read and understands the Ballyhoura Development Limited Computer Usage Policy. The undersigned further acknowledges and agrees that the Ballyhoura Development Limited assumes no liability for any loss or damage to the user's data or for any damage or injury arising from invasion of privacy in the user's computer accounts, programs, or files. Signature ______________________________ Date __________________________________ 21 Ballyhoura Development Limited POLICY TITLE: PROTECTION OF INFORMATION APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 PURPOSE: This policy aims to protect information owned by Ballyhoura Development, staff, and clients. POLICY: Employees may not discuss any information of a confidential nature relating to Ballyhoura Development; any associated companies or their business; or any third party to which Ballyhoura Development owes an obligation of confidence, during or after employment, except in the proper course of employment, or as required by law. Employees may not remove any documents or belongings of Ballyhoura Development, or remove any confidential information from the Company's premises without proper advance authorisation. Employees must return to Ballyhoura Development upon request, and in the event of termination of employment, all documents and belongings of Ballyhoura Development, or documents containing or referring to any confidential information. Employee Information: Under the Data Protection Acts 1988 and 2003, employees generally have a right to obtain a copy of any information relating to them held by Ballyhoura Development on computer or in a manual filing system. If an employee finds any information about them is incorrect, they are entitled to have it corrected. There is a general restriction on third parties accessing employment files without the employee's consent; however, there are exceptions to this. The Gardaí or Revenue Commissioners may access an employee's file to investigate an offence or concerning tax payments provided they have a warrant granting them access to the information. 22 Ballyhoura Development Limited POLICY TITLE: PUBLIC RELATIONS APPLICABLE TO: ALL EMPLOYEES DATE: NOVEMBER 2006 – Updated 2010 2013 POLICY: All staff of Ballyhoura Development and associated operations are bound by the terms of the policy as set out in this document Ballyhoura Development Ltd. is bound under the regulations laid down by its funders to make known, in a public manner, the contribution of the said funders to projects carried out in the Ballyhoura area. As an organisation we welcome the opportunity to publicise the work and the work of our partners. However this publicity must be carried out in a way which does not cause offence to any individual, group, community or partner organisation. PURPOSE: Staff must reiterate to project promoters their obligation to publicly acknowledge the grant. This may involve a press release and/or photograph concerning the project. It will always involve the display of the appropriate signage/acknowledgement on their premises and literature. PROCEDURE: Public Relations actions and publicity must give due recognition to the work, contribution and efforts of all our partners. Public Relations actions and publicity must strive to achieve balanced representation of democratically elected representatives and their respective parties 1. No public relations exercise should have the effect of alienating any individual, group, community or partner organisation. Specifically, the public involvement of staff in the public relations activities of other organisations, which may cause alienation or offence, is not acceptable. 2. No staff member must use the organisation and its work for self promotion or publicity 3. All planned publicity actions or events must get the prior approval of the CEO Disciplinary action will be taken against any member of staff who publicly denigrates the name or work of Ballyhoura Development Ltd., other staff, or members of the Board and Committees. 23 Ballyhoura Development Limited POLICY TITLE: SMOKE FREE WORKPLACE APPLICABLE TO: ALL EMPLOYEES DATE: MARCH 2004 – Updated 2010 2013 PURPOSE: Second hand smoke, also known as Environmental Tobacco Smoke (ETS) or passive smoke is a cause of disease, including lung cancer and heart disease, in third parties. Neither the simple separation of smokers and non-smokers within the same air space, nor the provision of ventilation can eliminate exposure to second-hand smoke and the consequent health effects of such exposure. This policy has been developed to protect all employees from exposure to second-hand smoke, to ensure compliance with legal obligations and to ensure a safe working environment. POLICY: It is the policy of Ballyhoura Development Limited, that all of its workplaces are smoke-free and that all employees have a right to work in a smoke-free environment. Smoking is prohibited throughout the workplace with no exceptions. This policy applies to employees, clients and visitors. PROCEDURE: Smoking is prohibited within any office or building in the name of Ballyhoura Development Limited. Staff are to ensure that they do not smoke near the entrance to any of the company’s offices. Employees who choose to smoke do so at their own risk. No additional breaks are allowed to any employee who smokes. Smokers and users of tobacco products must dispose of the remains in the proper containers. This helps to keep a neat and clean environment for all employees and our visiting partners and customers All staff have an obligation to adhere to, and facilitate the implementation of this policy, infringements by staff will be dealt with in the first instance under employee disciplinary procedures. Employees who contravene the law prohibiting smoking in the workplace are also liable to prosecution 24 Ballyhoura Development Limited 2013 EMPLOYMENT POLICIES POLICY TITLE: EQUALITY STATEMENT APPLICABLE TO: ALL EMPLOYEES DATE: July 06 – Updated 2010 PURPOSE: Ballyhoura Development Ltd. is committed to equality of opportunity and access in all its activities, policies, procedures and employment practices POLICY: The aim of the policy is to promote equality of employment opportunities by ensuring that all employment practices are operated on the basis of the relevant qualifications, merits, abilities and potential of individuals and are free from any criteria which cannot be justified by the demands of the post. PROCEDURE / POLICY OBJECTIVES: Specifically, the objectives of the policy are: a) To ensure that all employees of Ballyhoura Development Limited are recruited, selected, trained, given access to relevant work experience, promoted and otherwise treated on the basis of their relevant merits and abilities. b) To ensure that all job applicants are treated on the basis of their merits and abilities; c) To ensure that all staff of Ballyhoura Development Limited are aware of their responsibilities as in their various roles. d) To ensure by monitoring and revising employment practices that these do not directly or indirectly discriminate against or result in the unfair treatment of any member of Ballyhoura Development Limited. e) To promote a harmonious working environment based on mutual respect, which is free from sexual and other forms of harassment or bullying f) To identify the means by which these objectives can be achieved. 1. Equality Legislation The Employment Equality Acts 1998 and 2004 contain provisions that may be relevant to workplace equality practices, flexible working arrangements and the quality of work. The Employment Equality Acts 1998 and 2004: • Promote equality and prohibit discrimination (with some exceptions) across nine grounds • Prohibit sexual harassment, harassment and victimisation • Require appropriate measures for people with disabilities • Allow positive action measures to ensure full equality in practice across the nine grounds 1.1 Other Relevant Legislation There are a number of 'family friendly' acts - The Maternity Protection Act 1994 - 2004, The Parental Leave Act 1998 and the Adoptive Leave Act 1995. The Equality Authority provides information on the operation of those acts. These set out minimum entitlements. 25 Ballyhoura Development Limited 2013 2. Family Friendly Policies Reasonable accommodation should be made within any existing work-practise arrangement to enable staff to reconcile their work and family responsibilities. 2.1 All employees should be made fully aware of the existing provisions relating to the following areas: - Maternity leave - Parental leave - Adoptive leave - Force Majeure leave - Part-time working - Flexitime - Job-sharing - Carer’s leave 3. Employment Policy a) We believe that the composition of our workforce should as far as is practicable and within the context of relevant employment legislation, broadly reflect that of the community in which we are based/which we serve, particularly in terms of gender, disability and ethnic origin. b) No employee will be penalised or treated less favourably because of pursuing rights by way of taking action or giving notice of intention to take or support action under equality legislation. c) All employees are required to comply with this policy and are responsible for ensuring its practical application. d) Breach of any aspect of the Equal Opportunities Policy will be treated as misconduct under the organisations disciplinary procedure. 3.1 Information and Training Management will ensure that all members of the organisation are informed regularly of the organisation’s commitment to equal opportunities. Management will also provide training on equal opportunities issues, as appropriate. 3.2 Monitoring Management is responsible for monitoring the effectiveness of the Equal Opportunities {Policy within the organisation in order to: - Assess whether the aim of the equal opportunities policy are being achieved - Measure the effect of action taken to promote and support that policy - Highlight areas where further action is required. 4. Nominations to Board of Directors, Committees and Working Groups We will work towards a gender balance (60/40) on each decision-making and advisory structure. 5. Developmental Opportunities We will ensure that no individual or group will receive less favourable treatment, support or advice due to her/his sex, marital status, family status, age, sexual orientation, political persuasion, religion, disability, race, colour, nationality, national or ethnic origins including membership of the Travelling Community. 26 Ballyhoura Development Limited 2013 6. Language Management is committed to the use of non-discriminatory language in all literature, documents and advertising produced by the organisation. 7. Advertising It is our policy to avoid displaying intentionally or unintentionally, advertisements or wordings that suggest, implicitly or explicitly, that vacancies and services are not available to candidates from within all nine grounds of the Employment Equality Acts, 1998 and 2004. 8. Selection and Recruitment Candidates will receive equal access to all stages of the recruitment process. Advertisements and recruitment literature will reflect the commitment to equality of opportunity, and will indicate that Ballyhoura Development Limited is an equal opportunities employer. Application Forms will only require information deemed necessary for selection to the post. No questions in relation to sex, marital status or personal circumstances will be asked. A copy of the equal opportunities statement will be issued with all application forms. Ballyhoura Development will adhere to the established code of practise regarding the employment of people with disabilities (please see Appendix 1). 9. Employing people with disabilities Job opportunities will be open to people with disabilities1. 10. Interviews Interviews will be conducted on an objective basis. All staff involved in recruitment and selection will ensure that they are fully aware of their obligations under this policy and the relevant laws governing discrimination. Guidance and training will be provided, where necessary. Interviews will deal with the applicant’s suitability for the post and ability to fulfil the post requirements. There will be no assumptions that individuals, because of sex, marital status, family status, age, sexual orientation, religion, disability, race, colour, nationality, nation or ethnic origins including membership of the Travelling Community, poses characteristics which might put them at a disadvantage/advantage. 11. Training A balanced participation by both men and women in the training opportunities open to them will be encouraged and assumptions about domestic responsibilities will not influence training decisions. 11.1 External Training and Development Staff may make an application to management for financial assistance, or time off with pay or both in order to undertake such a course as may be relevant to their job or professional development within the organisation. Applications will be considered individually and the decision will rest on the relevance of the course to the job, and the ability of management to commit resources at the time the application is made. Where a course is undertaken with financial assistance from management and is abandoned before its completion for reasons appearing to management not to be good and sufficient, management will have the right to require that part or all of the funds paid be reimbursed. No action will be taken in this matter without the fullest consultation with the employee. Where management provides 1 See Appendix I for code of practice applying to the employment of people with disabilities 27 Ballyhoura Development Limited 2013 financial assistance and/or time off for a course employee’s may be requested to give periodic reports back to management on their progress. 12. Introducing Non-Discrimination and Equality Awareness in the Workplace Recognising differences, naming them and taking account of them is part of the new culture of equality in a labour force that is becoming more diversified and a society that is more cosmopolitan and varied. The Employment Equality Acts, 1998 and 2004 identify diversity. 12.1 The company will ensure that all members of the organisation are informed of the organisation’s commitment to non-discrimination. Management will also provide training on nondiscrimination and anti-racism issues, as appropriate. 13. Stress in the Workplace Management aims to decrease the potential for workplace stress where possible through: Promoting awareness of the detrimental effects of long-term stress for individuals and the organisation as a whole Encouraging employees to recognise stress in themselves and others Encouraging individuals to get help in dealing with stress, as appropriate Regular review of job descriptions to check for work overload Changing organisational structures and systems, as necessary Ensuring that supervision and staff development help alleviate stress levels. 13.1 Bullying Management recognises that one source of stress for employees in the workplace is recurrent bullying conduct on the part of one employee against another, or on the part of a supervisor against an employee. 13.2 Complaints Allegations of bullying will be dealt with through a procedure identical to the harassment complaints procedure. 14. Supervision Management recognises its responsibility to ensure that all employees have access to regular supervision and support for their work. The nature and amount of this provision will be negotiated with each employee. 14.1 Supervision and support will include annual performance management and development for each employee. This is a two-way process involving the coordinator and the employee. The purpose of the annual performance management and development is to: - Ensure that the requirements of the position are fulfilled - Give the employee feedback on his or her performance - Identify any additional training needs - Review his or her work over the past year - Plan objectives for the year ahead It is also a regular part of the performance management to review the employee’s job description and to decide by agreement of both parties how it is to be updated, if necessary. Employees have the right to be fully informed of the outcomes of the performance management. 28 Ballyhoura Development Limited 2013 15. Work-sharing 15.1 Applications for work sharing will be facilitated as far as reasonably practicable, and provided a suitable alternative person is appointed to work-share with. 15.2 Work-sharers will have pro-rata parity as regards terms and conditions of employment with their full-time colleagues, which will be detailed in their contract of employment. 15.3 The scale of pay applicable to work-sharing staff will be 50 per cent of the corresponding point on the scale of pay appropriate to full-time staff. 15.4 Staff who opt for work-sharing will have the opportunity to return to or change to full-time employment at the discretion of management and subject to: (i) The occurrence of a suitable vacancy in the organisation (ii) Having worked on a work-sharing basis for a period of not less than 1 year 16. Trade Unions Management recognises the right of employees to join a trade union. 29 Ballyhoura Development Limited POLICY TITLE: CONFLICT OF INTEREST & LOYALTY POLICY APPLICABLE TO: THE BOARD, EMPLOYEE & COMMITTEE MEMBERS DATE: June 2013 2013 PURPOSE The purpose of this Conflict of Interest & Loyalty Policy is to protect the Board, Staff and Committee members of Ballyhoura Development Ltd. from any appearance of impropriety. This policy is prepared in accordance with the Code of Governance for Community, Voluntary and Charity Organisations in Ireland. Conflicts of interest or loyalty may arise where an individual’s personal, family or professional interests or loyalties to another individual or group conflict with those of Ballyhoura Development Ltd. Procedure for handling conflicts of interest The Board, Staff and Committee members of Ballyhoura Development Ltd. have a duty to declare all conflicts of interest (whether actual or potential) at the first available opportunity(e.g. prior to project application stage if possible) and at meetings of Committees, Sub-committees and the Board. Where the Conflict of interest or loyalty of a Board, Staff or Committee member of Ballyhoura Development Ltd relates to a direct personal financial or monetary interest in a matter under discussion, the Board, Staff or Committee member must absent from both the discussion and decision making process relating to same. Where the Conflict of interest or loyalty of a Board, Staff or Committee member of Ballyhoura Development Ltd relates to a personal interest or any interest in the matter under discussion, which creates a danger of bias i.e. the interest affects the organisation which they represent should declare the nature of the interest and withdraw from the room while a decision on the matter under discussion is being made, unless they have permission from the Chairperson to speak. A Board, Staff or Committee member of Ballyhoura Development Ltd. who has any other interest, which does not in the opinion of a clear majority of the rest of the members present at a meeting, create a danger of bias but which might reasonably cause others to think it could influence their decision, the member should declare the nature of the interest. However, they may participate in the discussion if this is appropriate but absent from the decision making. In both cases, the person concerned should be told what decision was reached on their return to the meeting. The Chairperson should be consulted about the procedure for handling conflicts of interest, particularly if there is any doubt about any aspect of this Policy. Where appropriate an issue may be referred to the appropriate sub-committee for review and, with the permission of the CEO and/or Chairperson, for assessment by an external professional. If the Board, Staff or Committee member of Ballyhoura Development Ltd. fails to declare an interest that is known to the Company Secretary, Board, staff or committee member , they, the Company Secretary, Board, staff or committee member, should notify the Chairperson, who will declare that interest. 30 Ballyhoura Development Limited 2013 Ballyhoura Development Ltd. maintains a register of directors’ interests. Board members must notify the Company Secretary of any relevant changes in their interests when they happen. These should be recorded in the register. Recording of Conflicts of Interest All declarations of conflict of interest and/or loyalty, whether actual or potential, will be recorded in the minutes of Board meetings and/or any Committee meeting as showing the person who declared the conflict of interest and/or loyalty as absenting from the relevant discussion. Where a Board member declares a conflict at a Board meeting, he/she will be required to complete the template outlining the nature of their declared interest Recording of Conflicts of Interest on project files; The Board, Staff or a Committee member of Ballyhoura Development Ltd. who has an interest must declare a conflict of interest and absent themselves during the assessment and/or approval process. The Board, Staff or a Committee member of Ballyhoura Development Ltd. cannot exercise any influence on the decision making process. Duality of Interest Conflicts can arise between a Board, Staff or Committee member’s duty to Ballyhoura Development Ltd. and some other public obligation or Board membership of another organisation. This may be defined as duality of interest: that is, the Board, Staff or Committee member of Ballyhoura Development Ltd. may have divided loyalties, but does not stand to gain financially. Where such duality exists, the Board, Staff or Committee member of Ballyhoura Development Ltd. should declare it, and is expected to act in the best interests of Ballyhoura Development Ltd. If a Board, Staff or Committee member of Ballyhoura Development Ltd. is appointed by, represents, or is a member of another body, they must remember that their duty to Ballyhoura Development Ltd. still overrides all other obligations. If irreconcilable conflict arises, a Board, Staff or Committee member may have to avoid taking part in decisions of Ballyhoura Development Ltd. or may have to resign from one or other position. Declaration of Understanding – Conflict of Interest Policy Each Board, Staff and Committee member is required to sign the following: “I have read and understand the Ballyhoura Development Ltd. Conflict of Interest Policy for Board Members, Staff and Committee Members and agree to be bound by same.” Name (print): ________________________________ Signed: ________________________________ Date: ________________________________ This Declaration of Understanding should be signed and returned to the Company Secretary. Attached is the template of the Register of Interest 31 Ballyhoura Development Limited 2013 Register of Interest Template Name: Home Address Business Address Appointed Other Directorships Employment: Other Business and Community Interests /Involvement I commit to declare at a meeting of the Directors of the Company the nature of my Interests in: a. any application to the Company for financial or other support; or b. any initiative taken by the Company; or c. any contract or proposed contract with the Company in which I, or a person connected with me as defined below is directly or indirectly involved; or any matter from which I, or a person connected with me as defined below, may stand to benefit directly or indirectly from my position as a Director or from the operation of the Company. I recognise that I shall be entitled to make a statement to the Board of Directors on the issue and shall answer any questions put to me on that issue by any of the other Directors. Following same, I shall leave the meeting and shall not be entitled to vote on the matter in which I am interested. On my return to the meeting, the Chairperson shall inform me of the decision, following which no further discussion of the issue shall take place. I have been furnished with details of situations where a Director shall be deemed to have an Interest including where a person connected with me has such an Interest and I could be expected to be reasonably aware of the existence of that Interest and for this purpose a person is connected with me if that person is – 1.that Director’s spouse, parent, brother, sister, child or step-child, other relative or co-habitee; 2. a body corporate controlled by a Director within the meaning of Section 26(2), (3) and (4) of the Companies Act 1990; 3.a person acting as the trustee of any trust, the beneficiaries of which include the Director or the persons and a person acting as a partner of a Director or of any of the people If my circumstances change (change of address, new Directorships, resignations from Directorships), it is my responsibility to notify the Company Secretary. I, as a Board Member Ballyhoura Development Ltd, certify that the above information is accurate in relation to full particulars of my interests including my employment, all business interests and community involvement, including voluntary work for charities which might involve a conflict of interest or might materially influence me in relation to the performance of my functions as a member of the Board or my partiality. Signed Dated 32 Ballyhoura Development Limited 2013 POLICY: RECRUITMENT PROCEDURE APPLICABLE TO: ALL EMPLOYEES, VOLUNTEERS, LEARNERS & CONTRACTORS DATE: Updated 2013 PURPOSE: Ballyhoura Development Limited is committed to having a clear and transparent recruitment process for all staff appointments and all appointments must be made by means of open competition. POLICY: It is the policy of Ballyhoura Development to ensure that the recruitment and selection procedures implemented will mean that the best candidate for the job will be selected. Commitment to this principle of appointment on merit will assist in the continuing growth of the company. PROCEDURE: Background and Considerations The recruitment procedures of Ballyhoura Development Ltd. are in the main based on job descriptions and the specific requirements of the job. The decision to recruit is based on the identified needs of the company. Before any decision is made to proceed with either a new post or to replace a member of staff who has resigned, the organisation reviews its human resource needs. The review is carried out in relation to the organisational strategy. Ballyhoura Development Ltd. is an equal opportunities employer and it is our policy to recruit individuals on the basis of their suitability and future potential for the job for which they have applied. It is our intention to further complement our performance through the selection of and appointment of the best qualified candidates available, while ensuring strict compliance with legal requirements. At all times, we endeavour as a company, to treat applicants in a fair and consistent manner. This document is not concerned with the employment of certain contract staff. This area is covered in the literature pertaining to procurement and suppliers. Job Analysis The Chief Executive or a designated individual undertakes the job analysis. For a new position, this task may be done in consultation with the Strategy Committee or the Human Resource Committee, whichever is most appropriate. This step provides a framework for developing the job description and the person and job specification. Job Description A job description is drawn up for all posts. For existing posts, there may be a relevant job description which is reviewed in light of the job analysis. Once the job is advertised and enquiries are received, the job description is circulated with the application form. Job/Person Specification This document outlines the essential and desirable skills and attributes required for the job. Recruitment Methods Recruitment is conducted according to funders guidelines outlined in the Financial Procedures Manual. Posts are advertised in the local (regional) or national newspapers /radio stations, activelink.ie/community exchange, jobsireland.ie depending on the job being advertised and the location of potential applicants. Positions are also advertised on various websites within “Job Opportunities” sections and are circulated as appropriate. Applications may be invited from panels 33 Ballyhoura Development Limited 2013 established through previous recruitment processes or indeed from individuals who have previously submitted CV's. Applicants may also be sourced through existing services such as the Jobs Club or the Rural Employment Service. The services of a recruitment agency are only to be used when all other methods have not have been exhausted. Internal Advertising The Company acknowledges that some posts may be filled internally within the organisation and therefore to enable employees or people on independent contracts to progress, internal advertising will apply to some posts. Internal Advertising will be an open and free competition and recruitment selection, including short listing etc. is as per external advertising. Temporary Acting Posts The company will on occasion request staff members or those on an independent contract to fill posts on a temporary acting basis, by agreement. Ballyhoura Development defines Acting up as taking on an additional role as well as their own on a temporary basis. All temporary positions will be recommended by the HR Committee to the Board. Temporary Cover The company on occasion may opt to undertake an internal or external recruitment or selection process to provide temporary cover for a post where there is uncertainty around funding or length of contract at any particular time. This may be carried out by assessing current staff, volunteers, learners or contractor’s skills, roles and responsibilities and / or by assessing CV’s on file or those who have been placed on a panel from a previous recruitment process for their suitability to the role on offer. The HR Committee will be requested to assess and recommend approval of any decisions made. Short listing Job applications are reviewed once the closing date has passed. The first step of this formal review process is short listing of applications prior to interview stage. At least two people undertake the short listing. The individuals involved in the short listing process are furnished with all applications and with the job description and person specification. An interview panel is established based on the particular job but generally comprises of a staff member, a Board member and one other individual as relevant to the position. Members of the interview panel are furnished with the specifications before short listing takes place and asked if they are agreeable to short listing the applicants on the basis of the identified criteria. The persons conducting the short listing are usually (but not necessarily) members of the interview panel. Short listing of candidates takes place according to the agreed essential requirements for the job. In the spirit of fairness and equality, the same criteria are applied to all candidates. The short listing form lists the names of all applicants and includes three columns -- “Yes”, “No” and “Possible”. In other words, the short lister indicates whether the person should be called for interview (“Yes”), should not be called for interview (“No”) or if they are unsure as to whether the applicant should be called for interview (“Possible”). These short listing forms are then returned to the person in charge of the recruitment process and they combine the results of the completed short listing forms. Based on this process, persons are selected for interview and letters of interviews or letters of regret are administered to applicants, as appropriate. 34 Ballyhoura Development Limited 2013 Interviews Interviews are generally held 10 - 14 days after the closing date for applications. The interview process generally consists of a panel of 3 individuals, only one of which is a staff member. All efforts are made to ensure a gender balance on the panel in line with industry best practices. The formal interview may be preceded by a group interview. This is particularly useful when recruiting candidates who will be working with groups (e.g. Development Officers). The group interview allows for the candidate to meet other members of staff and to ask questions about the organisation. Other interviews involve interviewees completing a task prior to the interview which is then presented by the interviewee at the interview or in some situations; the interviewee is requested to submit a previous piece of work completed by them. Methods are varied as appropriate. Prior to the commencement of interviews, the interview panel meet and members of the panel discuss the format of the interview and the type of questions which should and should not be included. The interview panel also develop a set of relevant criteria and scoring system to ensure that all interviewees are scored fairly using a transparent system. All individuals involved in the recruitment and selection process should ensure that they are fully aware of both their obligations together with the relevant laws governing discrimination etc. Guidance and training are provided where necessary. Interviews deal with the applicant’s suitability for the post and their ability to fulfill the post requirements. Formal interview may be followed by a second interview where there is debate about the 'best person for the job'. Generally, the Chief Executive and at least one other person conduct second interviews. At the conclusion of all interviews, the interview panel are required to complete a document indicating their decision, in order of preference. All details in relation to the application process, including job applications, are retained by the organisation for a minimum of 12 months. References and other supporting documentation Following agreement with the candidate of first interview, their nominated referees are then contacted. The first contact is by telephone. Following a verbal reference, the referee is asked if they would be willing to submit a reference in writing. Guidance about the job is offered and the referee is asked to comment on particular aspects of the person's performance in relation to previous work (e.g. reason for leaving, standard of performance, particular skills, nature of duties etc). Any other necessary supporting documentation required to satisfy the requirements of the role should be obtained from the candidate at this stage. Offer of Employment Prior to all appointments, the HR Committee of Ballyhoura Development and the Board of Ballyhoura Development is provided with details of the interview process and are asked to approve for recommendation to the Board, the appointment. The job offer is made in writing but may also be made verbally. The offer may be subject to the successful completion of a medical by the Company’s doctor. The candidate is asked to confirm acceptance in writing. Clarification on terms and conditions of employment may be made at this stage but in any event are given in writing along with company policy on job commencement. 35 Ballyhoura Development Limited 2013 Contracts are signed within two months of start date and contain a probationary period of not less than 6 months. On acceptance of a job offer, the candidate will receive their copy of the staff handbook including a summary of the key policies & procedures of Ballyhoura Development Ltd, and a glossary of key terminology. On the back page, the candidate must sign the handbook to say that they have read and understood the document and are willing to comply with the policies and procedure outlined therein. Remuneration point on the relevant scale is based on qualification and direct relevant work experience for the post. Probationary Period Induction procedures vary, depending on the job. If possible, arrangements are made for a hand over between the new recruit and the outgoing member of staff. In some cases a period of overlap is organised. Where this is not possible, a series of induction sessions are organised with key people in the organisation. A briefing pack is also presented to new post-holders and details of same are explained. Extra support is given over the probationary period and where skill deficits are identified, appropriate training is organised. If difficulties arise during this period, the post-holder is informed of the concerns and given time and support to correct same. Persistent problems may lead to written advice to the post-holder that failure to improve to specified standards and within a specified time will lead to termination of employment by reason of unsuccessful completion of probation. 36 Ballyhoura Development Limited POLICY TITLE: TRAVEL AND SUBSISTENCE APPLICABLE TO: ALL EMPLOYEES DATE: September 2012 2013 PURPOSE Ballyhoura Development Ltd. will reimburse staff for Travel & Subsistence (T&S) expenses incurred in the course of necessary absence from designated work base i.e. head office or outreach office to wholly and exclusively carry out duties of employment. POLICY Travel expenses are payable only in respect of necessary absence from your base and should only be incurred when necessary. All travelling duties should be planned so as to reduce the total amount of travel to the minimum consistent with efficiency. All official travel should be by the shortest practicable routes and by the cheapest practicable mode of conveyance. Return tickets, contract, season or other low cost tickets should be used wherever a saving in travelling expenses is secured thereby. If mileage is more than forecast by AA Route Planner, then the Manager will follow-up with employee and subsequently decide whether permissible or not, before returning to Finance. Staff are expected to submit accurate mileage on their expenses claim form and to utilise the mileage sheet prepared by Finance, where practical. The shortest route should always be chosen. For all travel, staff must endeavour to organise their schedule, including meetings, in a logical manner and to minimise travel costs. You must communicate your whereabouts to the reception in your office and your Team Manager. Travel: It is the policy of Ballyhoura Development Ltd. that clearance is required for travel and / or attendance at seminars / meetings / training other than regular core work in the area. If a staff member feels there would be benefit to attend a meeting, it must be approved in advance by their Manager, except for scheduled meetings which are agreed by both, or where it has been agreed that a staff member represents BDL on an agreed forum, at pre-agreed intervals. If not pre-approved by Manager, then mileage and other associated costs will not be paid. Staff members should not join or commit to joining additional structures/fora without discussing same with their Manager. Use of Public Transport: Taxis should only be hired when no suitable public transport is available. Receipts should be supplied with all such claims. In the case of an employee using their own car where public transport could have been used, without detriment to the public interest, the amount to be allowed for the employee’s own car in respect of mileage allowance must not exceed the cost of public transport (including that of passengers whose travelling expenses would be payable from public funds). Journey from Home to Your Official Base: Travel expenses will not be paid in respect of any portion of a journey which covers all or part of an employee’s usual route between home and their base. Where an employee proceeds on an official journey direct from home or returns home direct, the travelling allowance payable will be calculated by reference to the distance from home or headquarters, whichever is the lesser. 37 Ballyhoura Development Limited 2013 For attendance at evening meetings, the lesser of the return distance from home to meeting location or return distance from office base to meeting location should be claimed (regardless of which one is travelled). Car Pooling: Where more than one employee is travelling to the same area / meeting, arrangements should where feasible, be made to avoid the unnecessary duplication of the use of employee’s own cars. Ballyhoura Development Ltd encourages Board / Community participation where possible e.g. in seminars, workshops, conferences. Staff / Board / Community members are encouraged to travel together when attending such meetings/seminars. Motor Insurance Indemnity: The following undertaking must be signed off by each employee who is authorised to use his own transport on official business. “I acknowledge that the authority given to me to use my own motor vehicle on official business is subject to any relevant regulations or conditions in force from time to time and, in particular, to the condition that it is insured, and will continue to be insured, by me for the purpose of the Road Traffic Act 1961. It is at present insured with the __________________________ (insurance company) and I undertake to notify Ballyhoura Development Limited of any change. I am aware that Ballyhoura Development Limited will accept no liability for any loss or damage resulting from the use of my motor vehicle on official business”. Signed: _______________________ Date: _________________________ Other expenditure claimed: i.e. meals when out of the area, authorised mobile phone rental, post, small miscellanies must be fully vouched / receipted to ensure reimbursement. Expenditure such as office cleaning will not be reimbursed on T&S claim but should be invoiced separately to Ballyhoura Development Ltd. by cleaner. Evening Meals: Permissible before an evening meeting, if it is not logical or economical for a staff member to go home; up to a maximum of €12.00, this must be vouched. Lunch: Lunch costs will not be reimbursed except where a staff member has been requested to attend an all-day meeting outside the area, where lunch is not provided, up to a maximum of €10.00, this must be vouched. All T&S claims must be made on a monthly basis on the expense sheet generated from the Salesforce System. If the staff member’s whereabouts isn’t in Salesforce then it will be assumed that the mileage did not take place. For staff members who do not have a Salesforce licence then expenses must be submitted on a standard claim form. A summary claim form is available for employees who use Outlook as their diary and to track mileage. Motor mileage rates effective from 5th March 2009 and approved by the Board are as follows: Staff with a car <1.2 litres will receive 39c per kilometre up to 6,400 kilometres and 21c per kilometre after 6,400. 38 Ballyhoura Development Limited 2013 Staff with a ≥1.2 litre car and over will receive 46c per kilometre up to 6,400 kilometres and 23c per kilometre after 6,400 kilometres. Specific staff, may, by virtue of funding requirement, be paid at another rate, which is agreed. PROCEDURE: Expense Claim sheets should be generated from the Salesforce system for those with a license, for those who don’t have a Salesforce license then a standard form is available from the Senior Administrator. Details of trips taken should be incorporated clearly and record the full details on which the claim is based (including the person or group met, the destination, exact mileage and purpose of the trip etc.). All sections of the expense form should be completed e.g. car make, reg. number, engine capacity, time of departure and return etc. Non-mileage expenditure should be clearly noted on the form with vouchers / receipts attached. Un-vouched expenditure will be disallowed. Only expenses relating to Travel & Subsistence should be included in the claim. Claim sheets should be totalled, signed and dated before submission to accounts department. Expense claims are to be submitted by the Friday of first week of the following month on the correct claim form. Expense claims are to be sent in monthly, by the first Friday of the subsequent month. Staff who fail to submit their expenses on time for the second consecutive month will forfeit them. Failure to comply with any of the above may result in non-payment of expenses, a delay in processing the claim and the expense claim may be returned to employee for correction / completion. Upon receipt of expense claim in accounts dept all totals and vouchers are checked and if correct certified by the accounts administrator. Claims are then forwarded to the relevant Manager for the claimant to be reviewed and certified before payment is raised. The mileage year for purposes of payment of motor mileage rates will be the Calendar year, but will be reckoned from the date on which each employee first uses their private motor car on official business. (pro-rata on the year of commencement, if applicable) 39 Ballyhoura Development Limited POLICY TITLE: VOLUNTEER WORKER APPLICABLE TO: THE BOARD, ALL EMPLOYEES, LEARNERS & VOLUNTEERS DATE: July 2013 2013 PURPOSE: This policy aims to support volunteer workers in their placements within Ballyhoura Development Limited and serves to inform staff of their duties to volunteer workers when placed with the company. For the purpose of this policy, the definition of a volunteer worker is any person who without financial reward performs an activity at the direction of and on behalf of Ballyhoura Development Limited; this includes interns, people on work placement and / or students or any person offering to work for the company without financial reward. It should be noted that it is the volunteer worker’s responsibility to ensure they are compliant, eligible and available to work voluntarily for the company. POLICY: Ballyhoura Development Limited is committed to providing meaningful work placements to volunteer workers. The company will only take volunteer workers provided that a suitable project has been identified for them to work on and that adequate (office) space and equipment is available to them for the duration of their placement. Insurance for volunteer workers will be covered by the body from whom they are volunteer work through, i.e. their institution / school / agency. If in the event a volunteer worker is carrying out a placement not connected with any other institution / school / agency, then provision will be made to insure them in the name of the company. PROCEDURE: Recruitment of Volunteer Workers: Will be in line with the recruitment policy of the company. All appointments of volunteers will be recommended firstly to the HR Committee and then recommended to the Board for approval. As mentioned previously, the project the volunteer worker will be working on will be clearly documented. Supervision & Evaluation: One staff member will be identified to supervise the Volunteer Worker and provide evaluation on a regular basis, depending on the length of the placement. This staff member will be responsible for providing an induction to the volunteer worker, with the support of the Senior Administrator if required. Adequate time will be allocated to the staff member and volunteer worker to participate in evaluation / supervisory meetings with representatives from their institution / school / agency. Work Plan: A work plan will be devised at the beginning of the identified project by the nominated Supervisor who will go through same with the volunteer worker. The work plan will include time lines and outputs expected. It is the responsibility of the volunteer worker to indicate if they require further support. Policies & Procedures: Volunteer Workers are subject to the content of the policies and procedures of the company. 40 Ballyhoura Development Limited 2013 Training & Development: The Company will where possible permit the volunteer worker to participate on relevant training courses that may become available to them during their placement. Garda Vetting: Depending on the nature of the placement, Garda Vetting may be required and volunteer workers will be expected to arrange same if required. Other: Due to the non-profit status of the company, there are no resources to provide any sort of financial reward to the Volunteer worker. If it is envisaged that out of pocket expenses will be part of a project, then the arrangement for these will be explained to the volunteer worker at their induction. However, it should be noted that this will not be the case more often than not. Reference: The Company will be happy to provide a written and verbal reference following the placement. Any questions arising out of the content of this policy should be directed to the Senior Administrator. 41 Ballyhoura Development Limited 2013 POLICY TITLE: DIGNITY IN THE WORKPLACE APPLICABLE TO: ALL EMPLOYEES, LEARNERS, VISITORS, CONTRACTOR’S & VOLUNTEERS DATE: SEPTEMBER 2012 PURPOSE The organisation is committed to creating an environment which promotes equality and dignity at work. We are committed to treating all employees, customers and business contacts equally regardless of gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the traveller community. POLICY The organisation believes that embracing equality and diversity in the workplace benefits not just the organisation but also individual employees, learners, departments and our customers/clients. Each employee brings their own background, work style, distinct capabilities, experience and characteristics to their work. We recognise that our talented and diverse workforce reflects the diversity of our customer and markets and we want to utilise the widest range of skills, knowledge and experience in our business while complying with legislation As well as treating people with dignity and respect the organisation strives to create a supportive environment in which all employees can flourish and reach their full potential regardless of differences, experience or education. Harnessing the wide range of perspectives this diversity brings, promotes innovation and helps make us more creative and competitive. This policy will be invoked when required by Ballyhoura Development Limited training projects / associated projects. PROCEDURE The organisation will formulate and implement policies and practices that value diversity and provide equality of opportunity and ensure that no job applicant, employee, customer or business associate receives less favourable treatment on any of the nine aforementioned grounds. We will also ensure that other policies and practices reflect our commitment to treating people fairly, promoting an integrated way of working and respect the dignity of employees at all times. Managers are expected to promote an integrated workplace and proactively eliminate any potential inequities which may be counter to the organisation’s policy. Our recruitment policy reflects our belief that diversity in all areas including cultural, generational, language, and national backgrounds is necessary in helping us succeed in both domestic and global markets. The organisation will not discriminate against any prospective employee during the recruitment process. Interviews will be carried out objectively and individuals will be judged on merit and their ability to do the job. It is our policy to ensure that as much accommodation as possible is carried out to facilitate the participation of individuals with special needs in the recruitment process and in the workplace. Performance appraisals and feedback will be carried out in a sensitive, non-discriminatory manner. The organisation will offer the same development and training opportunities to all employees to achieve high standards of performance. The organisation rewards excellence and employees will be promoted on the basis of merit. 42 Ballyhoura Development Limited 2013 Respect and dignity at work All employees, learners, volunteers, contractors and visitors have the right to work in an environment that is free from sexual harassment, harassment and bullying and where each individual is respected. Any individual who experiences sexual harassment, harassment or bullying will be supported by the organisation in bringing such unlawful behaviour to a close. All employees will be expected to comply with this policy and management will take appropriate measures to ensure that bullying/harassment does not occur. Appropriate disciplinary action, including dismissal for serious offences, will be taken against any employee who violates this policy. The policy applies to employees both in the workplace and at work associated events such as meetings, conferences and work related social events, whether on the premises or off-site. The policy applies to bullying/harassment not only by fellow employees but also by a client, learners, customers, visitors, contractors or other business contact to which an employee might reasonably expect to come into contact with, in the course of their employment. Definitions Workplace bullying is defined in the Prevention and Dealing with Bullying at Work policy Complaints procedure The Complaints procedure is outlined in the Prevention and Dealing with Bullying at Work Policy and applies to this policy. Any complaint made, whether informal or formal will not be kept confidential between the relevant concerned parties, i.e. the Complainant and the Respondent, and will be addressed by the appropriate policies and procedures. Breaches of the equal opportunities and diversity policy Discrimination, bullying and harassment will not be tolerated by the organisation. Breaches of the organisation’s equal opportunities and dignity at work policy will be regarded as misconduct and may be subject to disciplinary action under the disciplinary procedure. In addition, should employees feel that they have not been treated fairly with regard to employment equality, they may utilise the grievance procedure. Employees will not be penalised, treated less favourably or subject to other adverse treatment because of pursuing rights by way of taking action, supporting action or giving notice of intention to take or support action under equality legislation. Training The organisation is committed to ensuring that all employees undergo Health & Safety training which will include elements relating to dignity at work, bullying and harassment, equality and diversity. This training includes raising awareness of equality and diversity related issues. The equal opportunities and dignity at work policy and legislative requirements will be included in training courses for managers, especially those involved in recruitment, selection, and personal progress reviews. Monitoring The organisation's Equality Policy will be reviewed on a regular basis to assess the effectiveness of its implementation and operation in creating a truly integrated workplace. 43 Ballyhoura Development Limited POLICY TITLE: MANAGEMENT ACCOUNTABILITY POLICY APPLICABLE TO: ALL EMPLOYEES DATE: September 2012 2013 POLICY: Management structures are essential for the effective functioning of the organisation. All staff must understand, support and respect the structure of the organisation and its reporting lines. This policy complements all existing policies and systems including the performance review system. PURPOSE: The purpose of this policy is to clarify management and staff accountability. By promoting management and staff accountability, the company offers staff and their managers the opportunity to jointly identify problems, acknowledge achievements, plan actions and improve motivation which will deliver improved individual, team and organisational performance. PROCEDURE: It is the responsibility of each Manager / Co-ordinator / Supervisor to implement a problem solving approach to their work by anticipating or identifying issues and discussing same with their Line Manager. There is a responsibility on all staff to report to their Managers; this includes regular reporting of progress, changes and of issues. There is also a responsibility on Managers to support staff and to facilitate a 2 way communication flow. All Managers and staff have a duty of care to all of their colleagues, the organisation and to other stakeholders. It is each staff member’s responsibility to ensure that they communicate regularly and clearly. When meetings occur, actions should be listed, agreed, signed off on and carried out and a review of actions arranged at a date agreeable. Both the Manager and the staff member should keep a copy of the action list. All staff are bound by this policy. If this policy is not adhered to then the company will consider it in breach of the company’s dignity at work policy which could result in the disciplinary policy being invoked. 44 Ballyhoura Development Limited POLICY TITLE: COMPANY PENSION SCHEME APPLICABLE TO: ALL EMPLOYEES DATE: March 2010 2013 PURPOSE The purpose of this policy is to set out the entitlements to employees in relation to Company Pensions in terms of section 121 of the pensions Act 1990 – 2002. Ballyhoura Development Limited has appointed Ark Life Assurance Company Ltd. as its PRSA and Company Pension Scheme provider. POLICY It is the policy of Ballyhoura to ensure that a pension is offered to each staff member of Ballyhoura Development that meets the eligibility criteria set out below. PROCEDURE Eligibility: On Commencement an Employee is offered the opportunity to contribute to a PRSA. The employee is put in contact with ARK Life and if they so wish the company will administrate the payment trough their pay system. The company does not contribute to the PRSA. After Six consecutive months of service and with an employment contract of at least 12 months an employee is eligible to join the Company Pension Scheme. A presentation by a representative of Ark Life is made to the employees each year and individual appointments can be made with the representative in order to meet the needs of the individual employees. Contributions to the Scheme Employer Contribution: Subject to the funding stream providing for the pension contribution for an employment role, the employer contributes 2% of salary towards the Scheme for the first 5 years of service and 4% thereafter. The company may contribute a maximum of 10% towards the contribution for selected members of staff. Employee Contributions: All employees wishing to become members of the Scheme will contribute 5% of salary. Additional Voluntary Contributions: Employees may, if they wish, pay regular additional voluntary contributions to this scheme to provide increased benefits. Death in Service Benefit: As part of the group pension scheme the Employer will contribute a payment to a death in service benefit. All calculations are based on the Gross Salary at the 1st January each year. The employee communicates directly with Ark life regarding their contributions and Ballyhoura Development Limited administrates the pension payment in the monthly pay. An annual statement is distributed to the member of the scheme. Leaving Service Benefits Various options depending on individual's needs are available and include: 45 Ballyhoura Development Limited 2013 Deferred Benefits Members will be entitled to a deferred benefit if they leave the employment of the Company of their own free will having completed 2 year’s service with the company Refund of contributions If a member leaves the company without having completed 2 year’s qualifying service they will have the option of taking a refund of the value of all of the contributions that they made to the Scheme less the tax payable but will however lose out on employers contributions made. 46 Ballyhoura Development Limited 2013 PERFORMANCE RELATED POLICIES POLICY TITLE: CLIENT SUPPORT IN BALLYHOURA AREA APPLICABLE TO: ALL EMPLOYEES DATE: MARCH 2008 POLICY: It is the policy of Ballyhoura Development Limited to ensure that all people living or working in the Ballyhoura Development area have access to supports provided. Ballyhoura Development Limited is client focussed and not programme driven. PURPOSE: The purpose of this policy is to ensure that all clients are assisted either through supports offered by Ballyhoura Development Limited or linked to other supports. No client should leave the office having been told that we are unable to assist / fund his or her request. If in the event Ballyhoura is unable to fund a project / person, support will be given to direct them to the correct source of funding / information. PROCEDURE: Each individual / client that approaches the Company should be given the time and consideration by the relevant staff member. If the relevant staff member is not in the office at the time, details will be taken by Reception and forwarded immediately to the relevant staff member via voicemail and email. Communication with the client is expected to happen as soon as possible, as per the Customer Service Policy of Ballyhoura Development Limited. CLIENTS FROM NEIGHBOURING AREAS: Where a client is not resident or does not own a business in the area, but wishes to avail of some of Ballyhoura’s supports (non-financial), i.e. training, seminar attendance etc., it is necessary to contact the Local Action Group that covers the area where the client lives or works and alert them to the fact that somebody from their area wishes to participate on one of our initiatives. The neighbouring LAG may be in a position to support them in a similar manner. If not there may be no problem with availing of the particular support from Ballyhoura Development. The other LAG may fund such participation. Any such communication should be recorded in the appropriate file. Where a client does not reside in the Ballyhoura Development area and is looking for funding, they should be referred to the correct Local Action Group. Around boundary areas where it is unsure which Local Action Group a client comes under, both Local Action Groups will discuss who should support the client. 47 Ballyhoura Development Limited POLICY TITLE: CLIENT SUPPORT WHEN STAFF MEMBERS ARE ON LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: MARCH 2008 2013 POLICY: It is the policy of Ballyhoura Development Limited to ensure that all clients are dealt with effectively and in a timely fashion. PURPOSE: The purpose of this policy is to outline the steps to be taken by other employees if a member of staff is out on short-term leave, i.e. sick leave, unpaid leave etc. PROCEDURE: Sick Leave: If an employee is out for more than 2 days, they should arrange to have a cert sent to the office giving details of the length of their cert. No employee should attend work while on sick leave. When an employee is out on sick leave the relevant Team Manager must inform HR Officer of the sick day and if possible the length of time the staff member will be out. The Team Manager will need to nominate another member(s) of the Team to carry out the following duties: Check / Respond to / Forward voicemails Check / Respond to / Forward e-mails to appropriate staff member Follow up with planned meetings of the individual, where possible another staff member can attend or send apologies. Annual Leave: When an employee is out on Annual Leave it is their responsibility to ensure that all aspects of their job are being dealt with in their absence. The following procedures should be put in place Voice Mail Message changed to give return date of annual leave and or containing an alternative staff contact in case of emergencies ‘Out of Office Reply’ should be enabled for e-mails (where possible) The Team Manager, HR Officer and Reception should be fully aware of the fact that an employee is on holidays as well as their correct return date. Please note it is the responsibility of the individual on leave to communicate as much information as possible about their plans when they notify the office of their absence. 48 Ballyhoura Development Limited POLICY TITLE: CUSTOMER SERVICE POLICY APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 POLICY: Customer Service Policy; by customers we mean all groups or individual people resident in Ballyhoura Country who avail of Ballyhoura Development Limited’s services. Courtesy; Employees of Ballyhoura Development will provide a high standard of service to customers, will exhibit customer friendly service skills, and will be knowledgeable, professional and courteous in meeting the needs of customers. Equality; To deliver the services of the company in a manner which ensures equal treatment as established by equality legislation, regardless of gender, marital status, family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller Community. Also to avoid bias of a person based on their attitude, reputation, who they are or who they know. To eliminate barriers to services for people experiencing poverty and social exclusion, and for those facing geographic barriers to services. Physical Access; To provide accessible public offices that ensure privacy, comply with occupational and safety standards and, as part of this, (strive to) facilitate access for people with disabilities and other specific needs Information; To take a proactive approach in providing information that is clear, timely and accurate, is available at all points of contact, and meets the requirements of people with specific needs. To avail of our website as an important point of contact with our customers and with this in mind to keep it updated with the company’s activities and with information which may be of use to customers Bureaucracy; Wherever possible, without compromising the professional standards of the company’s service delivery, we strive to reduce the burden of unnecessary paperwork Complaints; To maintain a well publicised, accessible, transparent and simple-to-use system of dealing with complaints about the quality of service provided Consultation and Evaluation; To provide a structured approach to meaningful consultation with, and participation by, the customer in relation to the development, delivery and review of services and to ensure meaningful evaluation of service delivery Choice; To provide choice, where feasible, in service delivery including, location of contact points, opening hours and delivery times. To use available and emerging technologies to ensure maximum access and choice Better Co-ordination; To foster a more co-ordinated and integrated approach to delivery of services 49 Ballyhoura Development Limited 2013 Confidentiality; The information that Ballyhoura Development Ltd record is only used in; processing applications, compiling statistical information or analysing information for other bodies such as Government Departments. Personal information regarding a customer will be disclosed only in accordance with Ballyhoura Development Ltd’s registration under the Data Protection Act. The customer has a right to obtain a print out of the information pertaining to them which is held on the company’s computer records for the fee of €10. PURPOSE: To deliver services effectively and efficiently and in a timely and consistent manner to all customers. To design our services to best suit the needs of our customers. To keep pace with the changing needs of our customers and design and deliver services which cater to these changing needs. To involve the customers in the process of identifying needs and in designing products to serve these needs. PROCEDURE: Standards of Speed of Response; Telephone - All calls to be answered between 3 and 5 rings - When the lines are busy, callers to be answered by standard voice message following 5 rings - Calls to be returned on same day, or at least within 24 hours, unless message states that staff are away from office for a defined period. - Staff to be encouraged to give direct line contact number Correspondence - All correspondence to be acknowledged not later than 14 days from date of receipt, if a substantive reply cannot issue within that period Voicemail - Voicemail to be used sparingly - Personal messages to be kept up to date - Voicemail messages to be answered with 24 hours of the staff member’s return to the office or within 48 hours following an absence of more than a week Communication of Staff Whereabouts - All staff to use Salesforce and the diary at reception to note whereabouts and in particular the duration and purpose of absences from the office 50 Ballyhoura Development Limited POLICY TITLE: COMPLAINTS POLICY APPLICABLE TO: THE BOARD, EMPLOYEES, LEARNERS, VOLUNTEERS & VISITORS DATE: July 2013 2013 PURPOSE: Ballyhoura Development Limited is constantly working to improve the services that we deliver. If a person feels that they did not receive the best possible service then this policy serves to provide them with the steps to lodge a complaint. POLICY: It is the policy of Ballyhoura Development Limited to provide quality customer care, quality services and to ensure that all people are provided with the information they are looking for and are treated with the respect and time they deserve. PROCEDURE: If you feel you have a complaint then the company would like to hear about it in order to address it and improve our service. If a person feels they have been treated inappropriately, that the company failed to deliver or meet an acceptable standard of service or a staff / Board member has been unhelpful or acted in an inappropriate manner we would like to hear from you. Ballyhoura Development will: take complaints seriously and resolve them wherever possible treat all complaints fairly and with respect provide responses which are clear and easily understood respect confidentiality use complaints and customer feedback to help improve our services provide explanations for decisions where appropriate Not accept anonymous complaints A complaint can be made in writing or by e-mail and addressed to the Senior Administrator, Ballyhoura Development Limited, Main Street, Kilfinane, Co. Limerick or [email protected]. Letters or e-mails should be clearly referenced as a ‘Complaint’ and include relevant information such as: The complainants name, address and phone number Details of the complaint including, dates, times, locations etc. and any other relevant information. Any background information which may help us deal with the complaint efficiently Any / all other information you believe is relevant All complaints will be recorded and acknowledged in writing. Ballyhoura will process your complaint doing its best to resolve matters speedily and without any undue fuss. Complaints will be reviewed by any or all of the following: Manager(s) Director (s) If you are not satisfied with the company’s response you can seek a further review, then you will be provided with a suitable name at which to direct an appeal. Any questions arising out of the content of this policy should be directed to the Senior Administrator. 51 Ballyhoura Development Limited POLICY TITLE: STAFF DEVELOPMENT AND TRAINING APPLICABLE TO: ALL EMPLOYEES DATE: September 2012 2013 PURPOSE: The aim of this policy is to make relevant education and training available and accessible to all employees of Ballyhoura Development Ltd. by encouraging staff to engage in the process of life-long learning. POLICY: Ballyhoura Development Ltd aims to provide support for both (a) in-house training and (b) selfnominated training, subject to resources: Ballyhoura Development Ltd will: Identify organisational training and development needs on an annual basis Review individual training and development needs as part of the Performance Review process and as the need arises Endeavour to provide access to relevant training to all employees Implement an Induction Programme for new employees. One aspect of this will be, where possible, a period of overlap, during which the departing staff member and the new employee will work together Provide training supports by way of time off to attend training, part of or all of the cost of training – this will be dealt with on a case by case basis. The outcome will depend on the nature of the training requested, the budget available through the relevant funding stream and how relevant the training is to the role. Staff will: In consultation with management, identify training and development needs On identification of self-nominated training, submit a request to the Senior Administrator who will bring the request to the HR Committee for recommendation. Sign a confirmation that they will remain in the employment of Ballyhoura Development Ltd until the training is completed, or reimburse 50% of the costs of training to Ballyhoura Development Ltd, or as otherwise agreed with the Human Resource Committee (a): In-house Training Policy: A Staff Development Training plan will be agreed from year to year. The development plan is based on inputs by staff and management based on an assessment of current job requirements as well as the long term goals of the job within the organisation, in line with the business plan. In-house training activities are mandatory and are designed to build upon the Organisations' over-arching staff development framework. All in-house training programmes will operate within the Human Resource Staff Training Budget and as agreed by the Human Resource Committee. In facilitating in-house training, Ballyhoura Development Ltd will: Endeavour to organise training that is suitable and relevant to all employees' skills needs Where possible, organise in-house training during normal working hours (i.e. Monday Friday, 9.00am - 5.30pm) Aim to organise training times to suit all employees, and where this is not possible will organise training suitable to the majority of participants Provide time-in-lieu to any employees attending training courses convened outside of working hours, as agreed with the Human Resource Committee Fully finance any training that is recommended by Ballyhoura Development Ltd 52 Ballyhoura Development Limited 2013 (b): Self-nominated Training: Ballyhoura Development Ltd will, on receipt of a training request, consider providing a financial contribution towards training costs and/or time in lieu to pursue learning of an employee's own choosing or to training which is considered relevant to the organisational objectives of Ballyhoura Development Ltd. In considering the facilitation of self-nominated training, Ballyhoura Development will take consideration of the following: Relevance of the training to the employee's career development Budget and operational rules within the relevant funder guidelines A financial contribution of up to 50% of the course costs, up to a maximum of €1250.00 (per annum if applicable), will be considered for self-nominated training which may enhance the organisational objectives of Ballyhoura Development Ltd. Where a contribution of €1250.00 is paid to employees taking self-nominated training options, these candidates are bound to an employment contract with Ballyhoura Development Ltd. for the period of study that they are engaged in (e.g. October – May academic cycle). Repayment of this sum will be negotiated with staff breaking this contract of agreement Where a training request involves periods of study greater than one academic cycle, Ballyhoura Development Ltd. will consider a further 50% financial contribution towards training costs for the period of study and up to a maximum of €1250.00 per annum A period of study-leave will be considered for staff in any one academic cycle. This applies to full time evening courses or part time evening courses in any one academic year. A maximum of five days study leave will be considered in any one academic period of study PROCEDURE: (a): In-house Training Application Procedure: No formal application procedure is required for in-house training: A training needs analysis will be carried out each year. As part of this process, all employees will be invited to submit training recommendations to Human Resources As a result of this consultative process, a schedule of training will be issued to all staff at the beginning of the year, and throughout the year, if deemed necessary Employees will be advised which training programmes they are required to attend Training will be reviewed with each employee as part of their Performance Review (b): Self-nominated Training Application Procedure: Any employee wishing to avail of self-nominated training must follow the procedure outlined below: Send an Training Request email with the following information to the Senior Administrator 1. Course Title 2. Course Location 3. Duration of Training 4. Cost of Training 5. Trainer 6. Accreditation if applicable 7. How is training relevant to your role This information will be brought to the Human Resource Committee If the application is successful, the employee must sign a contract with Ballyhoura Development Ltd confirming that they will remain in the employment of Ballyhoura Development Ltd for the duration of the training, or accept part or all of the costs incurred by the company 53 Ballyhoura Development Limited 2013 TRAINING APPLICATION FORM To be completed by employees seeking support for self-nominated training Name: ________________________________________________________________________ Job Title: ________________________________________________________________________ Title of training course: ____________________________________________________________ Location of training: ____________________________________________________________ Duration of training: ____________________________________________________________ Cost of training: ____________________________________________________________ Please explain briefly how the training is relevant to your role within Ballyhoura Development Ltd, and how you feel this would benefit both you and the organisation: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Signed:____________________________ Date:______________________________ On completion, please submit to Senior Administrator, this form will be brought to the Human Resources Committee for approval Received by: ________________________ Date: _______________ 54 Ballyhoura Development Limited 2013 STUDY LEAVE APPLICATION FORM To be completed by employees seeking study leave Name: __________________________________________________________________________ Job Title: _________________________________________________________________________ Title of training course:______________________________________________________________ Location of training: ________________________________________________________________ Duration Study Leave Required________________________________________________________ Please explain briefly how the training is relevant to your role within Ballyhoura Development Ltd, and how you feel this would benefit both you and the organisation: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Signed:__________________________________ Date: _______________________ On completion, please submit to the Senior Administrator, this form will be brought to the Human Resources Committee Received by: ________________________ Date: _______________ 55 Ballyhoura Development Limited POLICY TITLE: PERFORMANCE REVIEWS APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 POLICY: To assess Staff on their performance, strengths, weaknesses, goals and objectives in their position within the Company PURPOSE: In a Performance Review, Employees are assured clear understanding of what is expected from them, their own personal strengths and areas for development and a solid sense of their relationship with their Supervisor/ Manager within the Company. The Company wishes to give each employee a performance related increment annually, therefore from information gathered in Performance Reviews, if management and the HR Committee feel that an employees performance has not been satisfactory throughout the course of the year, the Management and Committee reserves the right to withdraw an employee from annual increment. PROCEDURE: The Company has a procedure in place for performance reviews whereby there will normally be an informal review after 6 months, and a formal performance and development review after 12 months. Performance Reviews are scheduled at a time suitable to both parties – the Team Manager has responsibility for this. Staff should complete the Performance Review template and also a Quarterly Planner template (both are available on the J. Drive and also from the Senior Administrator) prior to the scheduled meeting with the Team Manager. Following the performance review meeting, both the Performance Review template and the Quarterly Planner template should be signed by both parties, the original stored in the employee file and a copy given to the employee. Information from Performance Review is stored in employee file, whereby at the beginning of each year, if an employee has not satisfactorily met agreed targets then the performance related increment will be withdrawn for that year, on approval of the HR Committee. 56 Ballyhoura Development Limited 2013 LEAVE POLICIES POLICY TITLE: ADOPTIVE LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: November 06 – Updated 2010 PURPOSE: Ballyhoura Development Ltd provides Adoptive Leave for employees in accordance with the Adoptive Leave Acts 1995 to 2005 POLICY: Under the Adoptive Leave Acts 1995 to 2005, only the adoptive mother is entitled to avail of adoptive leave from employment, except in the case where a male is the sole adopter. Employees are entitled to 20 weeks' adoptive leave. Employees are also entitled to take an additional 12 weeks of unpaid adoptive leave after adoptive leave ends. Before 1 March 2006, adoptive leave was for 16 weeks and the additional unpaid adoptive leave was for eight weeks. Since 30 January, 2006, if the adopted child is hospitalised, the period of leave or additional leave may be postponed, provided Ballyhoura Development agrees. Employees commencing either adoptive leave and/or additional adoptive leave on or after 1 st March 2007, will be entitled to 24 weeks adoptive leave, together with an additional 16 weeks unpaid adoptive leave. Adoptive leave Benefit may be payable by the Department of Social and Family Affairs during adoptive leave but additional adoptive leave of up to 16 weeks will not be paid for by the Department of Social and Family Affairs. There is no obligation on Ballyhoura Development, unless otherwise agreed, to make any payment during the additional adoptive leave period or the additional adoptive leave period. Adoptive leave and employment rights: All employment rights (except remuneration and superannuation benefits) associated with the employment, such as annual leave and seniority, are protected during period of adoptive leave. Adopting parents are entitled to paid time off work to attend preparation classes and pre-adoption meetings with social workers/HSE officials required during the pre-adoption process. The adopting mother and Ballyhoura Development may agree to terminate unpaid additional adoptive leave in the event of the mother's illness, thereby allowing her to transfer onto paid sick leave. 57 Ballyhoura Development Limited 2013 An employee's absence from work on additional unpaid adoptive leave (see below) will count for all employment rights (except remuneration, superannuation benefits) associated with the employment, such as annual leave and seniority. Adoptive leave and public holidays: Employees are entitled to leave for any public holidays that occur during adoptive leave (including additional adoptive leave). The right of employees to leave for public holidays is set down in Section 21 of the Organisation of Working Time Act 1997. Adoptive Leave and annual leave: Time spent on adoptive leave (including additional adoptive leave) is treated as though employees have been in employment, and this time can be used to accumulate annual leave entitlement. Rules: An employee's right to adoptive leave means that they have a right to a period of leave from employment without pay. Provided an employee is in insurable employment and satisfies the social insurance (PRSI) conditions, they may qualify for Adoptive Benefit while they are on adoptive leave. PROCEDURE: Employees must give at least 4 weeks notice to the Ballyhoura Development HR representative notifying of the intention to take adoptive leave (for both foreign and domestic adoptions) by completing the appropriate adoptive leave form available from the Senior Administrator leave. Returning to work following adoptive leave: The employee has the same rights to return to work as with maternity leave, and must also give 4 weeks notice of the intention to return. Employees are entitled to return to the job they had immediately before the leave, unless this is not reasonably practicable for Ballyhoura Development. Where this is the case, Ballyhoura Development must offer a suitable and appropriate alternative. The terms and conditions of the alternative, and the capacity of employment, must not be less favourable than the job before going on leave. 58 Ballyhoura Development Limited POLICY TITLE: ANNUAL LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: Reviewed and Updated 2013 2013 PURPOSE: Ballyhoura Development recognises the importance of time away from work in maintaining employees' health and well-being. As a result, Ballyhoura Development offers a generous annual leave entitlement. POLICY: The Organisation of Working Time Act 1997, provides for a statutory minimum annual leave entitlement of four weeks (20 days). In addition to this, 3 days shall be added to an employee's annual leave in recognition of extra time worked during the year in order to perform the duties of the post, and provide for the need of the company. Total annual leave is therefore, 23 days, one of which staff reserve for Good Friday. Ballyhoura Development offices close over the Christmas period, for which there will be some mandatory use of annual leave, the specific timing of which is determined in January each year and an email containing details will be circulated to all employees. Annual leave entitlement runs on the calendar year, January 1st - December 31st. Employees will only be permitted to carry over 3 days of their leave into the new calendar year, with the approval of the Senior Administrator. If an employee wishes to carry over more than 3 days of their annual leave entitlement into the next year they may do so only at the express approval by their Manager and the leave must be requested a minimum of two months in advance. This should only happen in extremely rare circumstances and in all cases leave carried over needs to be taken by the end of March of the following year. An employee who has worked 1,365 hours in the leave year qualifies for the basic annual leave. (Unless it is a leave year in which he / she changes employment). Part-time employees calculate annual leave based on 8% of hours worked (or 8 hours for every 100 hours worked), subject to a maximum of 4 working weeks. Ballyhoura Development staff whose normal work practice is to work a combination of field and office work can take time off in lieu of hours worked outside of standard office hours. Please see Time off in Lieu policy. PROCEDURE: Employees must complete the Annual Leave application form, which is available from the central file held with the Senior Administrator, and secure approval for leave from their Manager at least three weeks prior to their chosen date(s) of annual leave, or in exceptional circumstances, as soon as they are aware of annual leave requirements. The Teams Manager must sign off on all annual leave and the annual leave form must be returned to the Senior Administrator in order to make aware of annual leave dates. Employees are responsible for and must enter their Annual Leave dates into Salesforce as soon as it has been approved. 59 Ballyhoura Development Limited 2013 POLICY TITLE: CARER'S LEAVE APPLICABLE TO: EMPLOYEES WHO HAVE WORKED FOR A CONTINUOUS PERIOD OF AT LEAST 12 MONTHS DATE: November 2006 – Updated 2010 PURPOSE: The Carer's Leave Act 2001 provides for employees to take leave to provide full-time care and attention to an incapacitated person. There is no entitlement to pay, but employees may qualify for a social welfare payment. The person being cared for does not have to be a relative; they can be a friend, partner, colleague, etc. POLICY: The Carer's Leave Act 2001 allows employees in Ireland to leave their employment temporarily to provide full-time care and attention for someone in need. The minimum period of leave is 13 weeks and the maximum period is 104 weeks. Carer's leave from employment is unpaid, but the Carer's Leave Act ensures that those who propose to avail of carer's leave will have their jobs kept open for them for the duration of the leave. (Eligibility for Carer's Benefit will not be a prerequisite for carer's leave entitlement, but employees who meet the Department of Social and Family Affairs criteria will also be able to apply for Carer's Benefit). The person an employee is proposing to care for must be deemed to be in need of full-time care and attention by a deciding officer of the Department of Social and Family Affairs. (The decision by the Department is reached on the basis of information provided by the family doctor (GP) of the person who will be cared for.) The person an employee proposes to care for must be so disabled as to require: continuous supervison and frequent assistance throughout the day in connection with their normal personal needs. (For example, help to walk and get about, eat or drink, wash, bathe, dress, etc.). Or, continuous supervision in order to avoid danger to themselves. PROCEDURE: There is a minimum service requirement, that is, an employee is required to have 12 months' continuous service with Ballyhoura Development in order to be eligible to apply for carer's leave. Not more than one employee may be on carer's leave, in respect of any one relevant person, at any one time. An employee may not be on carer's leave in respect of two or more relevant persons at any one time. (An exception is where the two relevant persons live together). This exception can only be exercised once. Employees may not be dismissed because they exercise their right to carer's leave. Employees must give a minimum of six weeks notice in writing to Ballyhoura Development of their intention to seek carer’s leave. The document should include the proposal to take carer’s leave, the proposed date to start the leave, the manner in which it is intended to take the leave and confirmation that an application has been sent to the Department of Social and Family Affairs. 60 Ballyhoura Development Limited 2013 In general, carer's leave may be taken as a block or in discontinuous periods, subject to a minimum number of 13 weeks and a maximum of 104 weeks An employee may apply for carer's leave for one continuous period of 104 weeks for each relevant person or, for a number of periods, the combined duration of which does not exceed a total of 104 weeks from the date carer's leave commenced. Ballyhoura Development may refuse (on reasonable grounds) to permit an employee take a period of carer's leave which is less than 13 weeks duration. Where Ballyhoura Development refuses this leave, it must specify in writing to the employee the grounds for refusing this leave. Where carer's leave is not taken by an employee in one continuous period of 104 weeks, there must be a gap of at least six weeks between periods of carer’s leave taken in respect of the same relevant person. If an employee's leave to care for someone has terminated, they cannot commence another period of carer's leave to care for a different person until a six-month period has elapsed since the termination of the previous period of carer's leave. Confirmation of Leave:If an employee has successfully applied for carer's leave from employment, no less than two weeks before the leave commences, Ballyhoura Development and the employee must prepare and sign a document specifying or confirming this arrangement. The document must include some important information, for example, the date the employee wishes to commence carer's leave, the duration of carer's leave, the form in which the leave will be taken. Ballyhoura Development then retains this document that has been signed by both parties and must give the employee a copy of the document. Unpaid leave from employment (outside of carer's leave):If an employee wishes to avail of unpaid leave from employment for less than the 13 week minimum set down by the Carer's Leave Act, it is possible to agree this locally with Ballyhoura Development. There is nothing to preclude Ballyhoura Development and an employee agreeing that an employee may take unpaid leave from employment for a set period. Again, this must be agreed in writing, clearly stating the date when leave will commence, and when the employee will return from leave. Postponing, curtailing or terminating carer's leave: The document agreed and signed with Ballyhoura Development confirming carer's leave is flexible. This means that the arrangement to take carer's leave can be amended (even if leave from employment has already commenced) if: Carer's leave (or part of it) may need to be postponed to another time as the employee and Ballyhoura Development agree The period of carer’s leave needs to be curtailed in a way that the employee and Ballyhoura Development agree The employee and Ballyhoura Development agree that the way in which carer’s leave is taken may need to be varied/changed from what was originally agreed. Once agreement has been reached, confirmation of the carer's leave agreement can be amended and signed off by both parties again. Ballyhoura Development will keep the original copy of the amended agreement and the employee must be given a copy. 61 Ballyhoura Development Limited 2013 When on carer’s leave, an employee must give notice in writing to Ballyhoura Development four weeks before the date the employee will return to work. Carer's leave is unpaid, however, an employee may work for up to 15 hours per week while on carer's leave. One does not have to qualify for Carer's Benefit in order to apply for carer's leave from employment. How to apply: Not less than six weeks' before an employee proposes to take carer’s leave from employment, they must make a formal application to Ballyhoura Development. In exceptional or emergency situations where it is not reasonably practicable to give six weeks' notice, an employee should give notice as soon as it is reasonably possible. Application for carer's leave must be made in writing to Ballyhoura Development stating: Proposal to take carer's leave under the Carer's Leave Act, 2001 Proposal to take carer's leave commencing on a specific date. An employee must also specify the way in which they intend to take this leave (i.e., in one continuous block, or in a series of blocks over a period) The employee has made an application to the Department of Social and Family Affairs for a decision by a deciding officer under the Act that the person in respect of whom the employee proposes to avail of carer's leave in order to provide full-time care, requires this care. 62 Ballyhoura Development Limited POLICY TITLE: COMPASSIONATE LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 POLICY: Compassionate leave, not covered by force majeure leave, will be based on custom and practice within Ballyhoura Development. PROCEDURE: Custom and Practice is to provide three days for an immediate family member i.e. parent, child, sibling, spouse / partner. One day for a close family member, i.e. grandparent, aunt, uncle, cousin, and other close relatives at the discretion of the employer. 63 Ballyhoura Development Limited POLICY TITLE: FORCE MAJEURE LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 PURPOSE: The Parental Leave Act 1998, as amended by the Parental Leave (amendment) Act 2006, gives an employee a limited right to leave from work in time of family crisis. This is known as Force Majeure leave. POLICY: Force Majeure arises where, for urgent family reasons, the immediate presence of an employee is indispensable owing to an injury or illness involving a close family member. Who is a close family member? A child or adopted child of the employee The husband/wife/partner of the employee Parent or grandparent of the employee Brother or sister of the employee Person to whom the employee has a duty of care (that is, they are acting in loco parentis) A person in a relationship of domestic dependency with the employee, including a same-sex partner Persons of any other classes (if any) as may be prescribed PROCEDURE: The maximum amount of leave is 3 days in any 12 month period or 5 days in a 36 month period. You are entitled to be paid while you are on Force Majeure leave. Force Majeure leave of less than a day is counted as a full day. It should be noted that force Majeure leave does not cover routine and foreseeable illnesses of small children and other family members. An employee must notify Ballyhoura Development as soon as practicably possible that they need to avail of Force Majeure leave. Immediately upon return to work, the employee must make an application in writing to Ballyhoura Development Limited. The application form is attached and is also available on J. / Company Admin / Human Resources / Forms, all details need to be completed, including the employee's name, PPS No., date(s) on which Force Majeure leave was taken, and reasons why, the relationship to the person who was injured or ill and evidence containing details of illness / injury. Ballyhoura Development Limited must keep records of all force Majeure leave taken by employees, and is obliged to retain this information for 8 years. Ballyhoura Development Ltd. is entitled to request independent evidence in support of an employee taking Force Majeure leave, if there is a suspicion that the entitlement has been abused. 64 Ballyhoura Development Limited 2013 NOTICE TO EMPLOYER OF EMERGENCY FAMILY (FORCE MAJEURE) LEAVE To be completed by an employee who takes Force Majeure leave, as soon as is reasonably practicable after the leave is taken, pursuant to Section 13(3) of the Act. Name of employee: ___________________________________________________________ PPS Number: ______________________________________________________________ Name & Address of Employer: Ballyhoura Development Ltd, Kilfinane, Co Limerick Name & Address of injured*/ Ill* member of employee’s Family necessitating Force Majeure Leave: _____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Relationship of immediate family member to employee ________________________________ Nature of injury*/illness* of Immediate family member (please attach evidence) ____________________________________________________________________________ Date(s) of Force Majeure Leave:________________________________________________________ I confirm that I have taken Force Majeure leave on the above mentioned date(s) because of urgent family reasons, as a result of the injury to/ illness of the member of my immediate family stated above, and per details given, as a result of which my immediate presence was indispensable. I declare that the information given by me above is true, accurate and complete in all respects, and I both understand and accept that if that is not the case, whether knowingly on my part or otherwise, then, following due investigation by my employer, I may be denied Force Majeure leave and /or liable to appropriate disciplinary action. Signature of employee: ___________________________ Date:_________________________ *Delete as appropriate 65 Ballyhoura Development Limited POLICY TITLE: HOURS OF WORK APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 PURPOSE: To maintain consistency among all offices of Ballyhoura Development, all employees are required to comply with this policy. POLICY: The normal working week is 35 hours. On occasion, employees will be expected to work such hours as are necessary to perform the duties of the post and provide for the needs of the company. Normal office hours are: 9.00 am to 1.00 pm and 2.00 pm to 5.30 pm (5.00 pm on Friday) Part-time employees hours of work are as agreed with their Team Manager. 66 Ballyhoura Development Limited POLICY TITLE: JURY SERVICE APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 POLICY: The Juries Act 1976 requires an employee who is called for jury service to be given the time off to attend the court. PURPOSE: The Juries Act states that an employee is to be treated as if she/he were present during any period when she/he is absent from employment in order to comply with a jury summons. As a result, an employee is entitled to be paid and should not suffer loss of any other employment entitlements, e.g. loss of annual leave entitlement. PROCEDURE: As soon as an employee is summoned for jury service, they should inform their Manager of the date they are due to attend the court. If on jury service, you will be eligible to receive payment at your standard rate of pay in accordance with the Juries Act 1976. You may be required to show a Certificate of Attendance (J14). Note: Time off for private prosecutions or other court proceedings (e.g. divorce) should be taken from your annual holiday entitlement. 67 Ballyhoura Development Limited POLICY TITLE: MATERNITY LEAVE – CURRENTLY BEING REVISED APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 PURPOSE: Ballyhoura Development Ltd provides Maternity Leave for employees in accordance with the Maternity Protection Act 1994 and the Maternity Protection Amendment Act 2004. POLICY: Ballyhoura Development Ltd staff are entitled to take maternity leave for a basic period of 22 weeks. At least two weeks have to be taken before the end of the week of the baby's expected birth and at least four weeks after. Employees can decide how they would like to take the remaining 16 weeks. Generally, employees take two weeks before the birth and 20 weeks after. They can also avail of an additional 12 weeks unpaid maternity leave. The entitlement to maternity leave from employment extends to all female employees in Ireland (including casual workers), regardless of how long they have been working for the organisation or the number of hours worked per week. If maternity leave is beginning on or after 1 March 2007, the entitlement is to 26 weeks maternity leave, together with an additional 16 weeks unpaid maternity leave. The Maternity Protection (Amendment) Act 2004 came into effect on 18 October, 2004. This law removed the compulsory requirement that women must take four weeks maternity leave prior to the birth. Employees now work up to two weeks before the child's birth, if they choose. Additional maternity leave: Employees are also entitled to take up to a further 12 weeks maternity leave, but this period is not covered by maternity benefit, nor is Ballyhoura Development obliged, unless otherwise agreed, to make any payment during this period. From March 2007 this will be increased to 16 weeks. Public holidays and annual leave: Employees are entitled to leave for any public holidays that occur during maternity leave (including additional maternity leave). The right of employees to leave for public holidays is set down in Section 21 of the Organisation of Working Time Act, 1997. Maternity leave and annual leave: Time spent on maternity leave (including additional maternity leave) is treated as though employees have been in employment, and this time can be used to accumulate annual leave entitlement. Stillbirths and miscarriages: If an employee has a stillbirth or miscarriage any time after the 24th week of pregnancy, they are entitled to full maternity leave. This means a basic period of 22 weeks and also 12 weeks additional maternity leave. If employees have satisfied the P.R.S.I requirements, Maternity Benefit is payable for the 22 weeks of the basic maternity leave. 68 Ballyhoura Development Limited 2013 To apply for Maternity Benefit following a stillbirth, employees need to send a letter from their doctor with the Maternity Benefit application form, confirming the expected date of birth, the actual date of birth and the number of weeks of pregnancy. Father's entitlement to maternity leave: Fathers are only entitled to maternity leave if the mother dies within 24 weeks of the birth. In these circumstances, the father may be entitled to a period of leave, the extent of which depends on the actual date of the mother’s death. Where a father qualifies for leave under these circumstances, he also has an optional right to the additional maternity leave. Postponing maternity leave: Section 7 of the Maternity Protection (Amendment) Act 2004 provides for postponement of maternity leave in strict circumstances. (That is, if the baby is hospitalised). This right to postpone leave applies whether an employee is on maternity leave, or on additional unpaid maternity leave. The maximum amount of time the leave can be postponed for is six months. Note: Ballyhoura Development has the right to refuse an application to postpone maternity leave. Employees may only request that maternity leave be postponed once they have taken at least 14 weeks maternity leave, 4 of which must have been taken after the birth. (This provision does not apply to fathers who are on maternity leave). If maternity leave is postponed, and an employee returns to work, then an employee may take leave in one block, not later than 7 days after the child has been discharged from hospital. Ballyhoura Development may request a letter from the hospital confirming the child has been hospitalised and following discharge, a letter confirming the date of discharge. If an employee postpones maternity leave and returns to employment, they need to notify the Department of Social and Family Affairs of this. Employees must notify them in writing that their child has been hospitalised and they have returned to employment. A letter from the family doctor (GP)/hospital is required to confirm to the Department that the child has been discharged from hospital and maternity benefit should resume. An employee's PPS number should be clearly identified on all documents sent to the Department. Illness while on postponed maternity leave: If an employee has postponed maternity leave and become ill upon returning to work (before resuming postponed leave), they may be considered to have started resumed leave on the first day of absence because of illness. Alternatively, an employee may choose to forfeit their right to resumed leave and have the leave treated as sick leave. Returning to Work: Employees are entitled to return to work after maternity leave. If you intend to return to work, you are required to notify the Company in writing not later than four weeks before the expected return to work – specifying the actual date The Maternity Protection Act, 1994 provides that if it is not reasonably practicable for Ballyhoura Development to allow an employee to return to their job, then they must provide that employee with suitable alternative work. This new position should not be on terms substantially less favourable than those of the previous job. Otherwise, employees are entitled to be treated as if they had been at work during maternity leave. Employment conditions cannot be worsened by the fact that an employee has taken maternity leave, 69 Ballyhoura Development Limited 2013 and if pay or other conditions have improved while an employee has been on maternity leave, then they are entitled to these benefits when they return to work. If an employee decides not to return to work after a period of maternity leave, they are required to give Ballyhoura Development notice according to the employment contract. Time Off for medical visits: Ante-natal and post-natal Care The Maternity Protection Act, 1994 provides that once a pregnancy is confirmed employees may take reasonable time off for medical visits connected with the pregnancy. Employees will need to provide Ballyhoura Development with medical evidence confirming the pregnancy and are expected to give two weeks notice of medical visits with the exception of the first visit. Employees should show an appointment card if requested by Ballyhoura Development at any time after the first appointment. Employees may also take time off for medical visits after the birth. These appointments must take place within 14 weeks of the birth. Employees are entitled to be paid while keeping these medical appointments both before and after the birth. Furthermore, an employee is entitled to time off from work without loss of pay to attend one set of antenatal classes (with the exception of the last three classes). PROCEDURE: The employee should apply, in the first instance, at least six weeks in advance of the proposed commencement date of Maternity Leave to the Department of Social and Family Affairs by completing the Social Welfare Maternity Benefit form, if applicable. Along with applying to the Social Welfare Department, an employee who proposes to avail of Maternity Leave should obtain the Maternity leave application form from the Senior Administrator (attached). The completed form should be signed by the employee and her Manager, and submitted to the Senior Administrator at least four weeks prior to the proposed commencement date of maternity leave. Employees must also provide Ballyhoura Development with a medical certificate confirming the pregnancy. If an employee intends to take the additional 12 weeks maternity leave they must provide the company with at least four weeks' written notice. Both these notices can be given at the same time. It is important to comply with these notice requirements, as failure to do so may cause loss of rights. Employees must give Ballyhoura Development at least four weeks' written notice of their intention to return to work Employees must notify Ballyhoura Development as soon as possible if they wish to postpone maternity leave. 70 Ballyhoura Development Limited 2013 APPLICATION FOR MATERNITY LEAVE FORM To be completed by the employee, approved by the Chief Executive Officer and submitted to the Senior Administrator NAME OF EMPLOYEE: _______________________________________________________________ HOME ADDRESS: ____________________________________________________________________ __________________________________________________________________________________ JOB TITLE: _________________________________________________________________________ Dates of Maternity Leave (26 weeks i.e. 110 days) Quote first day - last day FROM: _____________________________ Additional Leave: TO: _____________________________ TO: _____________________________ (Max 12 weeks i.e. 60 days) FROM : ____________________________ Please attach Medical Certificate to Confirm Pregnancy Signed: _____________________________ Date: ________________________ Note: The form must be given to the Senior Administrator at least four weeks prior to the proposed date of commencement of leave Signed: ______________________ Date: _______________ *Additional Annual Leave taken must be accompanied by an Annual Leave Form 71 Ballyhoura Development Limited POLICY TITLE: PARENTAL LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: November 2006 – Updated 2010 2013 POLICY: Ballyhoura Development Ltd provides Parental Leave for all employees in accordance with the Parental Leave Act 1998 and the Parental Leave Amendment Act 2006. PURPOSE: The Parental Leave Acts 1998 & 2006, allow parents to take parental leave from employment in respect of certain children. A person acting in loco parentis with respect to an eligible child is also eligible. Since 18 May 2006, leave can be taken in respect of children up to eight years of age. The upper age limit can be extended in circumstances where an adopted child is involved. In the case of a child with a disability, leave may be taken up to 16 years of age. In addition, an extension may also be allowed where illness or other incapacity prevented the employee taking the leave within the normal period. Parental leave is available for each child and amounts to 14 weeks per child. Leave is limited to 14 weeks per 12-month period where an individual has more than one child. However this restriction does not apply in the case of children of a multiple birth i.e. twins. The 14 weeks per child may be taken in one continuous period or in separate blocks of a minimum of six weeks. In exceptional circumstances, employees can also separate their leave into periods of days with prior approval from the Ballyhoura Development Limited. If the parent becomes ill while on parental leave and is unable to care for the child the leave can be suspended for the duration of the illness. The parental leave resumes after the illness. During the illness the parent is treated as an employee who is sick. Both parents have an equal separate entitlement to parental leave and can only claim their own parental leave entitlement (14 weeks per child). However, in the case of both parents working for Ballyhoura Development, then Parental Leave entitlement may be transferred but only with prior consent from Ballyhoura Development Limited. Employees are not entitled to pay while they are on parental leave, nor are they entitled to any social welfare payment equivalent to Maternity Benefit or Adoptive Benefit. Social Insurance Contributions: The Minister for Social and Family Affairs has introduced Regulations to ensure preservation of social insurance (PRSI) records for employees who avail of parental leave. In such circumstances, employees should contact the Department of Social and Family Affairs to ensure that appropriate credits are made. 72 Ballyhoura Development Limited 2013 Annual Leave, Public Holidays and Parental Leave: While on parental leave, employees must be regarded for employment rights purposes as still working. This means that they may build up annual leave while on parental leave. Where a public holiday falls on a day when an employee is on parental leave, they may avail of time off for the public holiday at the end of parental leave. PROCEDURE: Generally employees must have been working for Ballyhoura Development for a year before they are entitled to parental leave. However, if a child is very near the age threshold, and the employee has been working for the company for more than three months but less than 1 year, they are entitled to pro-rata parental leave. This is one week's leave for every month of employment completed. If an employee changes job and has used part of their parental leave allowance, they can use the remainder after one year's employment with Ballyhoura Development, provided the child is still under the qualifying age Employees must give written notice to Ballyhoura Development of their intention to take parental leave. They should inform the Company using the Parental Leave form (available on J.: Company Admin / Human Resources / Forms), at least six weeks before the leave is due to start. The notice should state the starting date and how long the leave will last. After this, not less than four weeks before the leave is due to start, employees will need to sign a document with Ballyhoura Development confirming the details of the leave. Apart from a refusal on the grounds on non-entitlement, Ballyhoura Development reserves the right to postpone the leave for up to 6 months. This must be done before the confirmation document is signed. Grounds for such a postponement include lack of cover or the fact that other employees are already on parental leave. Normally only one postponement is allowed. Records of all Parental Leave must be kept for 8 years. Employees are entitled to return to their job after parental leave, unless it is not reasonably practicable for Ballyhoura Development to allow the employee to return to their old job. If this is the case, the employee must be offered a suitable alternative on terms no less favourable compared with the previous job, including any improvement in pay or other conditions which occurred while the employee was on parental leave. 73 Ballyhoura Development Limited POLICY TITLE: SICK LEAVE APPLICABLE TO: ALL EMPLOYEES DATE: Reviewed and updated 2013 2013 POLICY: In general there is no existing employment law in Ireland on the issue of sick pay or sick leave. PURPOSE: Ballyhoura Development Ltd pays sick leave only on the production of a sick leave/medical certificate from a doctor. Staff may avail of up to 7 days sick leave in any one year, with a maximum of 2 days at one time, without a sick leave certificate. The 12-month period (sick leave year) starts on the first day of illness. In some circumstances where an employee has consistently been absent from work or if through long term illness is no longer capable of continuing work, employment may be terminated. A decision to terminate the employment contract will be done in accordance with fair procedures. Employees may be required to attend the doctor or Occupational Health Physician of the company’s choice. Employees are protected in certain circumstances in this instance through the Unfair Dismissals legislation. If an employee is unsure about whether or not they are entitled to sick pay, they should consult their contract of employment. Employees with necessary PRSI contributions are supported to make a claim from the Department of Social Protection for the period of sick leave, as of 2013 this payment is taxable. Sick leave during public holidays: A full time employee who is on sick leave during a public holiday has an entitlement to time off work for the public holiday(s) they missed. Likewise, a part-time worker who has worked 40 hours or more in the five weeks prior to the public holiday will be entitled to receive the benefit of the public holiday they missed. Sick leave and annual leave: If an employee is ill during their annual leave and has a medical certificate for the days they were ill, these sick days will not be counted as annual leave days. Instead, they can use these days as annual leave at a later date. All employees will accrue annual leave while on sick leave. If an employee has to take time out of their workday to attend a hospital / Doctor / Dentist appointment, they may take this time off work. However, employees are not entitled to pay for this time off while attending hospital appointments. Ballyhoura Development cannot force employees to take annual leave to attend hospital appointments but employees may take time from their Annual Leave entitlement if they wish. 74 Ballyhoura Development Limited 2013 PROCEDURE: Staff are required to inform reception, or their coordinator, as early as possible on the first day of absence i.e. by normal commencing time. The staff member must stipulate the reason for the absence and the likely return date. If the staff member remains absent for a second day, the same procedure applies in relation to notifying reception, or their Manager, on the second day. If the staff member remains on sick leave for a third day, a sick leave certificate must be forwarded to the Senior Administrator by the third day of absence Sick leave certificates will be required for the duration of the sick leave absence. In the case of those on social welfare sick certificates, a first certificate, an intermediate certificate for all intervening periods, and a final certificate must be submitted prior to returning to work. A final certificate states that a person will be fit to resume work on a specified date. In the case of an absence of 3/5 days, the first certificate should be signed as a ‘first and final certificate’ by the G.P. NOTE: It is the responsibility of the employee to ensure that the Ballyhoura Development is informed of the absence, and notified of the likely return date, and that the correct certificates are submitted. It is the employee’s responsibility to insert their absence dates into Salesforce on their return to work. The employee is responsible for ensuring sick certificates are forwarded to the Senior Administrator without delay. The employee must fill in a Sick Leave form, available from Reception on their return Reimbursement of Social Welfare Payments to the company: (Applicable only to staff whose sick leave absence is covered by social welfare sick certificates). Staff will receive full pay during periods of illness, provided they have not exhausted their sick leave entitlement in full, and on the understanding that all social welfare cheques received from the Department of Social and Family Affairs for the duration of the illness are surrendered to Ballyhoura Development as soon as possible after receipt. Where a staff member fails to claim benefit, the Company reserves the right to deduct the equivalent amount from the employee's salary. In the case of continued absence on sick leave and where a staff member is reduced to no pay, the staff member will be entitled to retain all social welfare payments received from the Department of Social and Family Affairs for all such periods. Medical Examination: At any time during absence, a staff member must, if so required by Ballyhoura Development, submit to a medical examination by a General Practitioner or by an Occupational Health Physician nominated by the company. Failure to comply with the above procedure may result in disciplinary action up to and including dismissal. This will be carried out in accordance with Ballyhoura Development’s disciplinary procedure. 75 Ballyhoura Development Limited POLICY TITLE: TIME OFF IN LIEU (TOIL) APPLICABLE TO: ALL EMPLOYEES DATE: December 2009 (Updated) 2013 PURPOSE: The Time off in lieu policy applies to all staff, particularly those staff whose normal work practice is a combination of office work and field work, which is often outside normal office hours. POLICY: The following time off in lieu arrangements will apply to staff. As per existing Employment Contract, a standard 23 days Annual Leave is offered to staff, one of which is retained for Good Friday. The additional 3 days are made available by the Company in recognition of request for flexible arrangements. 1. Application of TOIL Arrangements: The nature of the work in Ballyhoura Development requires that staff work outside normal office hours. It is necessary to be flexible in order to efficiently perform duties. Ballyhoura Development actively promotes a working environment that gives recognition for a balance between the demands of work and personal life. Ballyhoura Development in its approach to operating these procedures recognises the need to balance flexibility with the need to prioritise work plans so as to ensure that employees are not consistently working excessive hours. The onus is on each member of staff to organise and manage their working hours and to consult with their Manager. In order to protect employees from working excessive evening hours, the company strongly recommends that no more than two evening meetings / events are scheduled for attendance each week. The company acknowledges that this may not always be the case and it is up to each Officer to prioritise their schedule. 2. Office Hours: In the normal course of events, normal working hours are 9.00am to 1.00pm and 2.00pm to 5.30 pm (Friday 5.00pm), Monday to Friday. Other hours worked will be by agreement with your Manager. 3. Purposes for which Time off in Lieu Arrangements Apply: As a general rule, employees should undertake work related activities during normal working hours. Where a meeting, conference, or other activity that is considered very necessary, and is unavoidably outside office hours, employees may attend such events. Travel time to or from an event may also be claimed for TOIL purposes. It should be noted that the time normally taken to travel to and from your work base should not be calculated as TOIL. All hours claimed back as TOIL must be agreed with your Manager. 4. Staff on Flexi-time Working Arrangements: With regard to staff who have access to flexitime, TOIL arrangements only apply to hours which have been required to be worked outside agreed flexi hours. Additional hours worked outside the agreed flexi hours must be approved in advance by the Manager. 76 Ballyhoura Development Limited 2013 PROCEDURE: Taking Time Off in Lieu: Time worked outside of normal working hours will be claimed on an hour for hour basis. Every effort should be made to use up time in lieu immediately (for example if working late one evening, staff should try to use hours worked by coming in late the next morning). Except in the circumstances outlined below, and in very exceptional circumstances due to work requirements, and with the prior approval of the Manager, no more than 2 days may be carried from one calendar month to the next and all hours must be used within one month of the original time being worked. In the case of delivery of a course as part of duties, special arrangements for the taking of time in lieu are to be arranged with the Manager. From a Health and Safety and Good Work Practices perspective, staff are requested to inform the reception where they are based when they are taking time in lieu. Use of TOIL to support education/professional training: Ballyhoura Development is committed to supporting staff in further education/professional training. Staff taking part in these activities may, subject to the operating requirements of Ballyhoura Development, agree a system, with the Manager, to save up TOIL in order to attend courses, lectures etc. The Senior Administrator should be consulted where an issue arises regarding application of agreed TOIL arrangements. Record Keeping: Additional hours must be recorded on the “Record of additional hours worked sheet”. At the end of the calendar month during which additional hours are worked, a record of hours worked for each day and the net excess hours worked should be signed and passed to your Manager for approval Time taken in lieu must be recorded on the TOIL sheet. The Manager’s approval must be sought prior to taking the time in lieu and must also be noted on the sheet. 77 Ballyhoura Development Limited 2013 TIME IN LIEU MONITORING FORM Employee Name: ___________________________ Sheet No.: Time Worked Up Date Hours brought forward: Time from Time to Total time Event Details Time Requested Date Time from Time to Total time Event Details Signed: _______________________________ Date: ____ / ____ / ________ Staff Member Approved by: ______________________ Team Manager Date: ____ / ____ /_________ ______________________________________________________________________ Please give this form to Senior Administrator when completed Balance to be carried forward: 78 Ballyhoura Development Limited 2013 GRIEVANCE / DISCIPLINARY POLICIES POLICY TITLE: DISCIPLINARY PROCEDURE APPLICABLE TO: ALL EMPLOYEES, LEARNERS & VOLUNTEERS DATE: November 2006 – Updated 2010 POLICY: The Company recognises that disciplinary issues can be among the most sensitive to arise and often are the most difficult to resolve satisfactorily. In this regard formal procedures are necessary to ensure common and equitable disciplinary action for employees failing to meet standards of job performance, or breaching Company rules, policies and procedures or other conditions of employment. The Company will act upon such procedures in a fair and equitable manner as it sees fit. The Company expects good standards of conduct and work performance from all employees and is committed to the principle of direct, informal problem resolution between immediate Manager and employee. However, the maintenance of work standards and general behaviour is the primary responsibility of Management and Supervisory Staff and where the problem persists, or is of a sufficiently serious nature, formal disciplinary action will be taken by Management up to and including dismissal. PROCEDURE: In the event of a breach of Company rules or failure to work to an appropriate standard, the parties agree to the following disciplinary procedures. At all stages, the employee shall be made aware of the problem, the nature of the warning, the next disciplinary stage and the corrective action required. At each stage the employee will be entitled to have a work colleague of his choice present at any hearing to act as a witness or to represent him. The Company reserves the right to enter the disciplinary procedure at any stage it deems appropriate depending on the nature of the offence. 1. Informal Procedure – Performance/Attendance Where the employee’s Manager / supervisor considers that his/her performance or attendance is inadequate and that he/she should be given an opportunity to improve, prior to the commencement of the formal disciplinary procedure outlined below, an informal discussion will be held with the employee. This discussion will focus on the areas that are causing concern. Any explanations or statements given by the employee will be considered, and he/she will be encouraged to agree a course of action to achieve improvements. These steps may be undertaken as part of a formal appraisal system. Following this discussion, the employee’s Manager / supervisor will monitor the employee’s performance/attendance and he/she will be required to co-operate with this process. If this informal process fails to produce an acceptable level of improvement, the Company will commence the formal disciplinary process, as outlined below. 2. Investigation – Misconduct In relation to misconduct no disciplinary action will be taken until a thorough investigation of the facts has been undertaken. This is not a disciplinary interview but is required to ascertain the nature of any alleged misconduct. When the investigation is completed the employee will be informed of 79 Ballyhoura Development Limited 2013 the outcome. During this process the employee may be suspended by his/her manager, on full pay, pending the investigation into the allegations of misconduct. 3. Formal Procedure Stage 1 – Verbal Warning In the case of minor offences relating to attendance, conduct or performance, a formal Verbal Warning will normally be given. The employee will be advised of the reasons for the warning and that it is the first stage of the disciplinary procedure. A written record of the warning will be held on the employee’s file for a period of six months. This warning will be deemed spent after six months, subject to satisfactory improvements. Stage 2 – Written Warning Where there have been more serious instances of breach of discipline/poor performance, or there are further instances of matters previously warned, a Written Warning will be given to the employee by his Manager / supervisor. This warning will set out details of the complaint, the improvement required and the timescale. It will warn that action under Stage 3 will be considered if there is no satisfactory improvement or if there are any further breaches to discipline. It will also advise of the right of appeal. A copy of the written warning will be held on the employee file, but it will be disregarded for disciplinary purposes after 12 months subject to satisfactory conduct. Stage 3 – Final Written Warning and/or Disciplinary Suspension If there is a failure to improve and conduct is still unsatisfactory, or if there is serious misconduct which is sufficiently serious to warrant only one written warning but insufficiently serious to justify dismissal (in effect both first and final written warning), a final written warning will normally be given to the employee. This will give details of the complaint and will warn that dismissal will result if there is not satisfactory improvement within the agreed time scale or if there is a repeat of serious misconduct. It will also advise of the right of appeal. A copy of this final written warning will be kept on the employee file for a period of 12 months. Stage 4 – Dismissal If conduct is still unsatisfactory and the employee still fails to reach the prescribed standards, or in the event of gross misconduct, dismissal will normally result. Only the appropriate Manager / Manager can take the decision to dismiss. The employee will have the right to appeal the decision in accordance with the appeal procedure outlined below. If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more then five working days, while the company investigates the alleged offence. If, on the completion of the investigation and the full disciplinary procedure, the company is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice. Appeal An employee who wishes to appeal against a disciplinary decision should inform their Manager / Manager within seven days. All appeals must be made in writing. The C.E.O. & or the H.R. Committee will hear the appeal provided he / she was not previously involved in the case. A response to the appeal will be provided in writing within seven days of the appeal hearing. The C.E.O & The H.R. Committee’s decision is final. 80 Ballyhoura Development Limited 2013 Gross Misconduct Certain offences may, after consideration, warrant immediate suspension or dismissal. Employees may be suspended with pay pending investigation. These include but are not limited to the following: Examples of gross misconduct include but are not limited to the following: (1) Refusal to carry out reasonable and lawful instructions in the normal course of employment duties. (2) Engaging in remunerative employment while absent from work, irrespective of whether the absence is covered by a Medical Certificate. (3) Theft from Company or fellow employees, or aiding or abetting a larceny to take place, or damaging or defacing Company property or that of another employee. (4) Removing Company equipment from the premises or using Company equipment and materials for other than Company business without permission. (5) Interfering with or falsifying any Company records, including personnel, time-keeping and production, including one's own or another employees record. (6) Fighting, or assault or provocation of fighting / assault of another employee or member of Management. Dangerous horseplay or boisterous conduct. (7) Sleeping on duty. (8) A conviction by the courts of certain crimes of violence, dishonesty or membership of an illegal organisation. (9) Smoking in areas where smoking is prohibited. (10) Violation of another employee's rights by threats or intimidation. (11) Serious breach of safety regulations likely to cause damage to oneself or other employees. (12) Reporting to work under the influence of non prescribed drugs or alcohol or being in possession of non prescribed drugs on the Company premises. (13) Carrying out unauthorised work on Company premises or with company materials. (14) Indecent behaviour or sexual harassment to colleagues, staff, clients, or customers (15) The bringing in, or possession of firearms or other offensive or concealed weapons on Company property. (16) Any form of harassment or bullying, intimidation of a fellow employee 81 Ballyhoura Development Limited POLICY TITLE: GRIEVANCE APPLICABLE TO: ALL EMPLOYEES, LEARNERS, VOLUNTEERS DATE: November 2006 – Updated 2010 2013 POLICY: A Grievance is defined as “a complaint by an employee about action, which his/her employer or a colleague has taken or is contemplating taking in relation to him/her”. Action is further defined as “any act or omission” and can therefore include the failure of an employer to do something. Within the workplace certain guidelines should be implemented to deal with grievance and indeed disputes. It is the Company’s policy to encourage free communication between employees and their Manager to ensure that any problems arising during the course of his/her employment may be aired and promptly resolved to the satisfaction of all concerned. Although most concerns can be solved informally with fellow employees, supervisors or managers, the grievance procedure enables the employees to take the matter further if it is not resolved. A grievance may be brought for a number of reasons including terms and conditions of employment, selection for promotion, racial or sexual discrimination, victimisation or harassment etc. PURPOSE: To deal with grievance in the workplace in an efficient and prompt manner, and to bring workplace grievance to resolution, the following procedure should apply: PROCEDURE: In 2000, statutory guidelines on grievance procedures were introduced with a view to improving workplace dispute resolution. These were introduced through Statutory Instrument Number 146 of 2000. The following procedure complies with the terms set out in SI 146 of 2000. At each stage of the procedure the employee has the right to a personal hearing and to have a work colleague present Finally, at all stages of this procedure, the employee may be requested to outline details of their grievance in writing. Stage 1: Where a member of staff is aggrieved on a matter relevant to his/her employment or conditions of service, the individual shall in the first instance discuss the matter with the immediate supervisor / Manager making it clear that she/he is invoking the first stage of the grievance procedure. The supervisor / Manager will provide a response to the individual within 10 working days. Stage 2: If the matter remains unresolved, or if no response is received, the employee may raise the matter in writing to the CEO who will reply in writing, normally within 10 working days of being notified of the grievance. Before replying the CEO should consult a member of the Board who may attend a grievance hearing if appropriate. The decision of the CEO will be final and will be notified to the employee in writing normally within 10 working days of the complaint being heard. Stage 3: In the unlikely event that Stage 2 does not resolve the dispute; the matter will be referred to the relevant Industrial relations institution for further consideration. It is recommended that employees, in the first instance, make a reasonable effort to resolve the matter causing concern informally through verbal contact with their immediate supervisor before proceeding with formal notification of a grievance under this procedure. 82 Ballyhoura Development Limited POLICY TITLE: PREVENTING AND DEALING WITH HARASSMENT AT WORK APPLICABLE TO: ALL EMPLOYEES, LEARNERS & VOLUNTEERS DATE: November 2006 – Updated 2010 2013 PURPOSE: Ballyhoura Development Limited is committed to providing all of its employees with an environment free from bullying and harassment. All employees will be expected to comply with this policy and management will take appropriate measures to ensure that bullying and harassment does not occur. Appropriate disciplinary action, including dismissal for serious offences, will be taken against any employee who violates this policy. POLICY: The policy applies to employees both in the workplace and at work associated events such as meetings, conferences and office parties, whether on the premises or off site. The policy applies to bullying and harassment not only by fellow employees but also by a client, customer or other business contact to which an employee might reasonably expect to come into contact within the course of their employment. PROCEDURE: Definition of Bullying: Workplace bullying is 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 described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying. The bullying can include conduct offensive to a reasonable person, e.g. oral or written slurs, physical contact, gestures, jokes, displaying pictures, flags/emblems, graffiti or other material which state/imply prejudicial attitudes which are offensive to fellow employees. Other examples of bullying behaviour include: Personal insults and name-calling Persistent unjustified criticism and sarcasm Public or private humiliation Unfair delegation of duties and responsibilities Setting impossible deadlines Unnecessary work interference Continuously refusing reasonable requests without good reasons Definition of Harassment: There are a total of nine grounds. Sexual harassment can be defined as conduct towards another person, which is sexual in nature, or has a sexual dimension, and is unwelcome to the recipient. Examples of this type of harassment include: Sexual gestures Displaying sexually suggestive objects 83 Ballyhoura Development Limited 2013 Sending suggestive and pornographic correspondence including faxes, text messages or emails Unwelcome sexual comments and jokes Unwelcome physical conduct such as pinching, unnecessary touching, etc. Harassment on the other eight grounds of marital status, family status, race, age, religion belief, sexual orientation, disability or membership of the travelling community can be defined as: Harassment is any act or conduct including spoken words, gestures or the production, display or circulation of written words, pictures or other material if the action or conduct is unwelcome to the recipient and could reasonably be regarded as offensive, humiliating or intimidating. COMPLAINTS PROCEDURE There is both an informal and formal procedure to deal with the issue of Bullying and harassment at work. Informal Procedure It is often preferable for all concerned that complaints of harassment or bullying are dealt with informally whenever possible. This is likely to produce solutions which are speedy, effective and minimise embarrassment and the risk of breaching confidentiality. Thus, in the first instance a person who believes that they are the subject of harassment or bullying should ask the person responsible to stop the offensive behaviour. When this action does not result in a cessation of the harassment or bullying, or where a more serious incident has arisen the employee should use the formal procedure. If a person finds it difficult to approach the alleged perpetrator directly then a person should seek help and advice on a confidential basis from The Senior Administrator. Appropriate training will be provided by the company. Having consulted with the contact person, the complainant may request the assistance of the contact person in raising the issue with the alleged perpetrator(s). In this situation the approach of the contact person should be by way of a confidential, non-confrontational discussion with a view to resolving the issue in an informal low-key manner. A complainant may decide, for whatever reason, to bypass the informal procedure. Choosing not to use the informal procedure should not reflect negatively on a complainant in the formal procedure. It is recognised that it may not always be practical to use the informal procedure particularly where the harassment or bullying is serious or where the people involved are at different levels in the organisation. In such instances the employee should use the formal mechanism set out below. Formal Procedure Where formal complaints have been made, then the employee should contact their supervisor / Manager as soon as possible. If this is inappropriate, then the employee should contact the Chief Executive Officer or a member of the HR Committee, who is a member of the Board. The Management may determine that it is not appropriate that the investigation be carried out by a member of management in which case an agreed independent investigator will be appointed. The person making the complaint will be required to put their allegation in writing. In the interests of natural justice the alleged bully or harasser will be notified in writing of the nature of the complaint, given a copy of the allegation, informed of his or her right to representation and will be given every 84 Ballyhoura Development Limited 2013 opportunity to rebut the detailed allegations made. The complaint should be subject to an initial examination by a designated member of management, who can be considered impartial, with a view to determining an appropriate course of action. Whilst it is desirable to maintain utmost confidentiality, once an investigation of an issue begins, it may be necessary to interview other staff. If this is so, the importance of confidentiality will be stressed to them. Any statements taken from witnesses will be circulated to the person making the complaint and the alleged harasser for their comments before any conclusion is reached in the investigation. When the investigation has been completed both parties should be given the opportunity to comment on the findings before any action is decided upon by management. Both parties will then be given a copy, in writing of the conclusions reached by the investigating team. All complaints received will be treated seriously, confidentially and dealt with as soon as is practicable. Strict confidentiality and proper discretion will be maintained, as far as is possible, in any necessary consultation to safeguard both parties from innuendo and harmful gossip. A record of all relevant discussions which take place during the course of the investigation will be maintained by management. Action Post Investigation Where a complaint is upheld a disciplinary hearing will take place. The disciplinary action to be taken will be in line with the company’s disciplinary policy. Should a case of bullying or harassment be proven then the organisation will take appropriate disciplinary action. This may include a transfer or other appropriate action up to and including dismissal. Records of any warnings for bullying or harassment will remain in the employee’s file and will be used if any further allegations or offences of the same or similar nature occur in the future. Regular checks will be made by the Manager investigating the complaint to ensure that the bullying or harassment has stopped and that there is no victimisation. Retaliation of any kind against an employee for complaining or taking part in an investigation concerning harassment or bullying at work is a serious disciplinary offence. Malicious Complaints If a complaint is found to be malicious, then the appropriate disciplinary action up to and including dismissal will be imposed. Appeals After exhausting all the procedures internally in the company through either the disciplinary of grievance procedures, all appeals will be referred to the Labour Relations Commission for conciliation or for hearing by a Rights Commissioner. If still unresolved it will be referred to the Labour Court for formal investigation, or in the case of dismissal, to the Employment Appeals Tribunal. Further Information All questions relating to the execution or interpretation of this policy should be referred to the Senior Administrator Recommendations: The procedure for dealing with harassment and bullying in the workplace as set out by Ballyhoura Development Ltd, complies with all statutory requirements. 85 Ballyhoura Development Limited 2013 However, employees are provided with contact details for independent agencies who they can contact to ensure that the policy code of practice is carried out and their rights are protected: On the website www.oasis.gov.ie The Department of Enterprise, Trade and Employment “Code of Practice detailing procedures for addressing bullying in the workplace”. Information is on the oasis website. FLAC – Free legal advice Centres. Citizens Information Centre 86 Ballyhoura Development Limited 2013 Appendix I CODE OF PRACTICE APPLYING TO THE EMPLOYMENT OF PEOPLE WITH DISABILITIES The purpose of this Code of Practice is to provide a guideline for Ballyhoura Development Ltd as to how the organisations Equal Employment Policy should be interpreted regarding people with disabilities who are currently on the staff or who may be applying for posts. Definition For the purposes of this Code of Practice a person with a disability will include any person with a disability of a physical, sensory, mental or intellectual nature who may face obstacles in accessing and participating equally in employment. While it is recognised that some people with disabilities may require special assistance and/or equipment to realise their full potential, it is also recognised that many people with disabilities can work effectively without any additional help. Reception and Integration into the Workplace Most people with disabilities can operate effectively without requiring modifications to their working environment. It is the policy of Ballyhoura Development Limited to ensure that, as far as is reasonably practicable, the working environment is such as to minimise the obstacles facing staff with disabilities. It is recognised that people with disabilities may encounter greater difficulties than others in adjusting to a new workplace. Accordingly, particular attention is required when inducting staff with disabilities and when assessing their performance in the initial stages in employment. Good communication is a key requirement in overcoming difficulties which may arise. It is recognised that the best source of information about disability and the problems arising there from is the staff member who has the disability. The following guidelines will apply in relation to the reception of staff with disabilities and their integration into the workplace: (i) Where BDL is aware that a new recruit has a disability, the situation will be discussed with the individual concerned, with a view to identifying any difficulties which they might encounter resulting from their disability, and any facilities which may be required to optimise their performance on the job. (ii) In deciding where the work station of a disabled member of staff should be located, regard should be had to any specific needs arising from their disability - for example, proximity to toilets, ramped entrances or access to facilities. (iii) The work environment of newly recruited staff with disabilities should be assessed in the initial stages of their employment with a view to identifying potential problems and appropriate remedial measures. Staff Development Staff with disabilities will have the same opportunities as other staff to develop full and rewarding careers. Ballyhoura Development will provide equal access to training and development opportunities for staff with disabilities so that they can further their skills and abilities, and fully contribute to working life. All training plans shall be checked to ensure equality of opportunity for staff with disabilities. The relevant supervisor should oversee this. Safety and Evacuation Procedures Staff with disabilities may have particular problems in regard to safety and evacuation procedures. For example, the evacuation of people with mobility problems raises particular difficulties where lifts cannot be used. People with hearing difficulties may require some arrangement to ensure that they 87 Ballyhoura Development Limited 2013 are aware that the alarm has been raised. It is essential that such problems are identified and that appropriate alarm and evacuation arrangements are put in place. The following guidelines will apply in relation to safety and evacuation procedures: (a) Anyone with a disability who may need particular assistance in the event of an evacuation should make this fact known to the relevant supervisor. (b) Supervisors who identify staff in their areas as having problems in this respect shall, in consultation with the people concerned, devise means by which those problems can best be overcome. (c) Staff with disabilities should never be excluded from evacuation drills; rather it should be a priority concern of safety officers/supervisors to ensure that any particular arrangement which may be required for the evacuation of such staff are fully tested and used at each drill. (d) Ballyhoura Development Limited will have special regard to the health and safety of disabled staff. Monitoring and Implementing this Code All Ballyhoura Development Limited staff have a role in ensuring that the provisions of this Code are adhered to. Specific responsibility in this regard attaches to supervisors and office administrators. The implementation of this Code shall be monitored by the HR Committee. 88 Ballyhoura Development Limited 2013 Appendix II LEARNER CHARTER This charter applies to all staff, learners, volunteers, contractors and visitors working on or in projects / programmes led by Ballyhoura Development Limited 1. INTRODUCTION Ballyhoura Development Limited is a local development company covering East Limerick and parts of North Cork. The company is limited by guarantee with charitable status. It is a partnership of community & voluntary sector, social partners and public and elected representatives. The company manages EU and National programmes and brokers mainstream funding with the aim of revitalising the rural area. 2. COMPANY POLICY Ballyhoura Development Limited is committed to ensuring that its business is conducted in a fair and equitable manner conducive of a friendly, efficient and professional environment. 3. PURPOSE OF THE LEARNER CHARTER The Learner Charter has been developed in this spirit and applies to all learners who participate in Ballyhoura Development Limited led programmes. The Charter sets out the expectations and responsibilities of learners and aims to ensure that Ballyhoura Development Limited provides a safe learning environment to learners, volunteers, staff and any contractors. Ballyhoura Development Limited employs and contracts staff to assist it and facilitate the delivery of training programmes / projects. All staff involved in training programmes/projects have a responsibility to ensure that a safe, quality learning environment is provided to learners. They also have a responsibility to challenge behaviour that is unacceptable and which is likely to disrupt the learning experience of other learners. In the case of ongoing unacceptable behaviour, the learner will be asked to withdraw from a Programme. Where a learner displays unacceptable behaviour, a disciplinary procedure will be put into operation. All staff, learners, volunteers and visitors are bound by this charter, if this charter is not adhered to then the company will consider it in breach of the company’s dignity at work policy which could result in the disciplinary policy being invoked. Ballyhoura Development Limited will comply with its obligations under existing Freedom of Information legislation and the Data Protection Act. A) LEARNER EXPECTATIONS WHAT LEARNERS CAN EXPECT FROM PARTICIPATION ON THE PROGRAMME / PROJECT: When a learner received confirmation of a place on a training programme / project managed by Ballyhoura Development (s)he can expect: To receive an induction process within 4 weeks of commencement date. • To receive training of a high quality and professional standard and in a timely manner • To receive current and accurate information about the programme including procedures and assessments • To be supported, both academically and personally, to help learners complete their studies within an acceptable time frame • To be provided with a positive learning environment to help learners to help learners achieve the specified learning outcomes of the training programme and to prepare learners for a 89 Ballyhoura Development Limited • • • • • • • • • 2013 career in their chosen field’ the learning environment should be free of harassment and intimidation and promote personal integrity and dignity. To receive educational support and other support facilities within the resources of Ballyhoura Development Limited To be treated equally irrespective of gender, race, family or civil status, membership of travelling community, age, religion, sexual orientation or (dis)ability. To have fair and just procedures on all matters To be treated as responsible adult learners who are responsible for their own learning, personal and professional development. To receive timely and appropriate feedback on their participation in the programme To be given the opportunity to provide formal feedback during their time on the project To receive their results within an appropriate time of the completion of modules / course That any misdemeanours and serious offences will be dealt with through the Dignity at Work Policy of Ballyhoura Development Limited. To fair and efficient admissions and operational procedure B) LEARNER RESPONSIBILITIES When a learner participates in a training programme / project managed and/or provided by the Ballyhoura Development Limited (s)he undertakes to: • Attend all training / workshops in full and follow the programme of study including undertaking and completion of course work and assignments within the agreed timescale. • Be punctual in his/her attendance • Familiarise him/herself with assessment regulations and procedures. • Comply with all rules, procedures, organisational principles and ethical values employed by Ballyhoura Development Limited including observance and compliance with the Ballyhoura Development Limited Code of Learner Behaviour (attached) • Establish a positive relationship with the Co-ordinator(s) / Tutor(s) and other learners in the Programme / Project • Proactively seek support needed from the Course Co-ordinator or another source, as relevant • Notify the Module/Course Coordinator if (s) he is unable to: o Attend the programme/project training o Submit assignments • Immediately advise the Co-ordinator / Tutor if (s) he: o Has concerns for his/her personal safety or that of a fellow learner o Is aware of any issue that is/may affect the programme/ project or the learners • Treat staff and fellow learners with respect and courtesy. • Attend interviews / meetings as and when requested by Ballyhoura Development Limited. • Provide constructive feedback to the Module/Course Coordinator in relation to the training 4. 4.1 ORGANISATION PRINCIPLES & ETHICAL VALUES Ballyhoura Development Limited employs a strict set of organisational principles; these include professionalism, support (to colleagues and service users), employee / trainee wellbeing and accountability. It addition the following ethical values have been adopted and all staff, learners, volunteers and contractors are expected to abide by them. • Honesty • Reliability • Confidentiality • Tolerance • Courtesy • Co-operation • Excellence 90 Ballyhoura Development Limited • • 2013 Fairness Respect Supportive The purpose of the organisational principles and ethical values is to further support the provision of a safe and positive learning environment to learners, staff members, volunteers and visitors and to support learners in achieving their learning and personal goals. Those to be found in breach of the Organisational Principles and Ethical Values may leave themselves open to sanctions of the disciplinary policy being imposed up to and including dismissal from the training project. 4.2 Class Agreement At the commencement of each training programme/project, learners will be asked to identify behaviours that they consider essential to a quality learning environment for staff and learners and this will lead to a class agreement. Learners and staff will then be expected to behave according to this agreement. The language in the agreement should include “should, must, have to, always, never”. A class agreement: • Allows learners to take ownership of the standard of behaviour expected from the group. • Establishes agreed guidelines for learner behaviour on a programme. • Allows learners to demand behaviours conducive to a positive learning environment. The class agreement should include the following: • Learner expectations of learners. • Learner expectations of staff. • Staff expectations of learners. The class will agree and sign up to the agreement. 5. GRIEVANCE / COMPLAINTS 5.1 Procedures to deal with grievance / complaints for Learners Where a grievance or complaint is made the relevant Ballyhoura Development Limited policies will be invoked and followed e.g. Dignity at Work, Equality Policy, Disciplinary and Grievance policies to name a few but not limited to. Each Learner will be presented with a copy of these policies as part of their induction and has a duty to familiarise themselves with them. Ballyhoura Development Limited has a duty to investigate any complaint from a training project / programme and all staff, learners, volunteers and contractors will be obliged to participate in the investigative process where required. If in the event a Learner has a grievance / complaint, then they should approach the Project Co-ordinator / Tutor and if the Learner does not wish to approach the Project Co-ordinator / Tutor, they may contact Maura Quane, Senior Administrator who is the nominated Ballyhoura Development Limited Liaison Officer on 063 91300. It must be noted that any grievance or complaint will be dealt with openly with the parties concerned; any request for confidentiality between the concerned parties (i.e. the complainant and the respondent) around a complaint or a grievance will be refused. Every effort will be made to deal with complaints in an informal manner. If a Learner wishes to make a formal complaint, the learner is requested to complete the attached form which can be sent directly to the Ballyhoura Development Limited Liaison Officer. 91 Ballyhoura Development Limited 2013 All parties to any complaint, including Co-ordinators, Tutors, volunteers and learners (whether or not they are still on the course) have an obligation to participate in any investigation which may take place. 5.2 Procedures to prevent, discourage and to deal with unacceptable behaviour on training projects. Staff, learners, volunteers, contractors and visitors will, as a matter of course, respect themselves and others. The following procedure will be applied where a Learner behaves in an unacceptable manner or contrary to the Class Agreement • The Co-ordinator / Tutor will ask the learner to meet him/her to discuss his/her behaviour. At this meeting the Co-ordinator / Tutor will advise the learner of how his/her behaviour is in breach of the class agreement. The learner will be asked to discontinue the behaviour. • If a learner continues to engage in the behaviour the Co-ordinator / Tutor of the Programme /Project will inform their Line Manager and he/she will request a meeting of the Learner, Line Manager and the Co-ordinator who has made the complaint. • The Learner will be invited to bring a friend/colleague to the meeting with him/her. • The Learner will be advised of the date, time and location of the meeting by letter. • The meeting will provide the learner with the opportunity to discuss his/her behaviour and the reasons for it. • The Learner will be advised of the decision in writing reached within 5 working days of the meeting. The decision to ask a learner to withdraw from /leave a programme/project is based on the following criteria: Academic Criteria 1. A learner’s non-participation in the training programme/project activities including assignments which disrupts the learning of others. 2. Plagiarism: Plagiarism is presenting somebody else’s work as your own; it includes copying information directly from the web or books without referencing the material, submitting joint coursework as an individual effort, copying another learner’s coursework, paying someone to do the work for you, stealing coursework from another learner and submitting it as your own work. 3. Cheating: Cheating includes bringing unauthorised material into an examination, communicating with other students during an exam or seeking to gain an unfair advantage in any other way Behavioural Criteria 1. Behaviour detrimental to the learning environment: Behaviour that contravenes the class agreement (see below). 2. Harassment or Discrimination including verbally/physically harassing learners/staff members; Ballyhoura Development will not tolerate harassment or discrimination for any reason. If a learner feels they are being harassed by another learner/staff member, they may choose to complete and submit the complaint form. 3. Abusive or offensive language/remarks. 4. Alcoholic Beverages: No alcoholic beverages can be brought onto and /or consumed in the premises of the training project or while a learner is in attendance at the project 5. Assault or threat of assault: Any unprivileged (unwanted touching that is not justified by proper cause or need) contact is an assault. The seriousness of an assault increases with the harm or potential to cause harm. No one may assault or threaten another person 6. Bullying: All acts of bullying are prohibited. Bullying is treating someone abusively or affecting them in a negative manner on a repeated basis. 92 Ballyhoura Development Limited 2013 7. Damage to property: You may never damage or destroy property owned or operated by Ballyhoura Development, other learners, staff or guests. 8. Disorderly conduct: Any behaviour that disrupts individuals or groups without justification is prohibited. This includes, but is not limited to, boisterous conduct, which is unreasonable in the place or time of its occurrence. 9. Drugs: Using, possessing or suffering from the effects of any controlled substance, except by legal prescription, is prohibited 10. Electronic Stalking: Using electronic media in a manner that persistently intrudes upon another person or is used to as a tool to bully or harass any other individual is strictly prohibited 11. Endangering acts or behaviour: Learners should never create or cause a situation where harm to a person including themselves may result. Examples include, but are not limited to health and safety violations e.g. door propping etc. 12. Misuse of Ballyhoura Development’s documents: Forgery or misuse of any Ballyhoura Development and programme/project documentation is forbidden 13. Misuse of telephone: Learners may not make or assist in making annoying phone calls, or otherwise misuse or abuse telephone equipment in Ballyhoura Development. 14. Theft or misappropriation: Any theft, including seizing, receiving or concealing property with knowledge that is has been stolen is forbidden 15. Unauthorised or forced entry: You may not, by force or otherwise, enter areas to which you are not authorized. 16. Violence: Intimation, threats and acts of violence are prohibited (e.g. verbal threats, throwing/slamming/breaking things etc) 17. Or any other unbecoming conduct that will jeopardise in any way, the organisation, its stakeholders, it’s work and / or it’s programmes. 93 Ballyhoura Development Limited 2013 LEARNER COMPLAINT FORM (This form should be completed and posted (marked private) to the Senior Administrator, Ballyhoura Development Limited, Main Street, Kilfinane, Co. Limerick) This form MUST be completed where a formal complaint is being made under the Learner Charter Complainant’s Details Full Name: ________________________________________________________________________ Address: __________________________________________________________________________ Phone No.: ________________________________________________________________________ Programme/Project being attended: ___________________________________________________ Details of the person about whom the complaint is being made (Respondent) Full Name: _________________________________________________________________________________ Description of complaint / issue of concern (include in detail who, when, what, where and how) Attach additional pages if necessary. Date(s) of most recent behaviour: ______________________________________________________ Time of most recent behaviour: ________________________________________________________ Location of most recent behaviour: ____________________________________________________ Has similar behaviour as alleged been observed in the past and directed at the same person or persons? Yes No To the best of my knowledge, all of the information on this form is true and accurate. I am aware that false reporting is a disciplinary matter. Signature of Complainant: ___________________________ Date: ________________________ NOTE: A copy of this complaint will be sent to the Respondent Office Use Only: Name / Title of person receiving form: Date received: Time received: 94