The World Cup Frenzy

......What are the legal implications?

Such an event or other similar sporting events may lead to increased absenteeism in the workplace, which in turn may have a direct impact on an employer's productivity, profitability and competitiveness. We thought we'd take a quick look at a few legal considerations.

Employers need to ensure that there is a clear written policy in place dealing with absence to avoid employees taking unauthorised days off or spurious sick leave. The policy on absence should be clear and concise and be brought to the specific attention of all employees. It should set out the appropriate procedures for notification and certification requirements in the event of absence from work. The consequences of unjustified absenteeism should also be clearly outlined in the policy. It is important that the policy is applied by the employer in practice and in a fair and equal manner. Employers should also ensure that contracts of employment and/or staff handbooks are consistent with the policy.

Employers may consider notifying employees prior to a major sporting event that an abuse of the absenteeism or sickness policy may result in disciplinary action. Employers should also implement a system of monitoring employee absence and maintain accurate and up to date attendance records. Employees should be made aware of such systems. Employers may consider adopting any of the following measures, depending on the requirements of their business, to prevent increased absenteeism or spurious sick leave during sporting events: -

  • Flexible working arrangements e.g. starting late, working through lunch, part-time working;
  • Permit authorised leave of absence; or
  • Provision of television or radio facilities to permit employees to watch events live during working hours;

Issues to consider:

  • Employers should be aware that any use of a television or radio in a public place (including a workplace), which involves the playing of music, may require an employer to pay a nominal fee to IMRO. Also, a television licence will be required if a television is to be used in the workplace.
  • Employers may also expect an increase in internet or email access during major sporting events. Accordingly, employers should implement a policy on email and internet access and remind employees that internet and email usage is being monitored.
  • Employers should be aware of their obligations to all employees under health and safety legislation. Employees should be made aware that the consumption of alcohol during a break from work is strictly prohibited and that any employee who returns to work intoxicated will be subject to disciplinary action. More generally, it is recommended that employers have an alcohol and drug policy in place that gives clear guidance on how to manage this situation.
  • Creating employee awareness as to the value of good attendance and the implications of non-compliance with employer policies should go some way towards reducing the level of unauthorised days of absence or spurious sick leave before and after major sporting events.

Finally, although Ireland has not qualified for the competition employers should not forget that the countries of many employees are participating in the World Cup. They should be aware therefore of cross culture issues and would do well to warn all staff that support of their team should not interfere with good relations between all employees and in particular, those supporting other countries.

 

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Customer Testimonial
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Very little of my time is spent administering the system, it runs like clockwork...
 
The extensive reporting capabilities of the system allow us to determine the reasons for absenteeism and its associated costs... 

It helps me with labour turnover as well, as I can run reports on starters & leavers by department, by gender, by age...

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