We aim to give our readers and followers the best advice when it comes to managing people effectively and every month you can read a digest of some HR questions that might be relevant for you.
Q: I have an employee who has said that they feel bullied – what do I do?
A: If an employee feels they are being bullied the employer needs to be pro-active and immediately talk to the individual.
Questions to be asked:
1) When did this start?
2) Have you had a number of incidents and can you give me details?
3) Have you attempted to stop the behaviour of the alleged bully and what have you done?
4) Have you talked to anyone else about this?
If the employee answers yes to the first 3 questions the employer needs to ask the employee if they wish to make a formal complaint or if they wish to keep the issue informal. If they don’t want to make a formal complaint the employer needs to still be confident that the issue is being resolved and not continuing, or put processes/resources in place to support the individual going forward.
If they wish to make a formal complaint, the employer will need to carefully follow their Bullying Procedure, appointing an independent investigator, ensuring fairness for all parties, and communicating clearly about the process.
Q: I want to recruit an employee for a few months but I don’t know what type of contract to offer them? Can I give them a contract that doesn’t have a definite date of termination?
A: Temporary contracts need to be carefully utilised to ensure that employers and employees are very clear about their responsibilities and the type of contract being applied. There are 2 main temporary contracts:
a) Fixed Term Contract: This is a contract with a fixed duration (e.g. 6 months) which is stated clearly in the written contract. If the employee is required after the termination date of this contract, employers should issue an additional contract to the employee, don’t let the contract roll over as this may result in an employee being entitled to permanency (after 12 months).
Fixed term contracts can be renewed for up to a maximum total period of 4 years, at which time the employer will have to make the employee permanent. The employer should also notify this employee of any permanent positions that they may wish to apply for.
b) Specified Purpose Contract: This is a contract for a specified purpose with no duration. An example would be a particular project with a finite life, where the employee is solely engaged on this project and leaves once the project is completed. The critical issue is ensuring that the employee is ONLY engaged under the strict terms of the contract and is not utilised for other work.
If you need advice on HR issues, drop us an email at email@example.com or contact the office for any additional information 01-5252914.