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Top 10 HR questions - February 2013

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Our new FAQ on e-cigarettes proved to be by far the most popular question in the XpertHR FAQs section in February.

The recent rise in popularity of e-cigarettes presents employers with a number of difficulties. Are e-cigarettes covered by the smoke-free legislation that bans smoking in workplaces? Could they present any health risks to employees who use them, or to their colleagues? Even if not, could employers ban their use at work on the ground that it makes enforcing the smoke-free legislation more difficult or because of the impression it creates for customers?

Employers' concerns are addressed in the new FAQ and the revised model smoking policy.

  1. Should employers allow employees to use e-cigarettes in the workplace?
  2. Is an employer required to deal with a grievance raised by an ex-employee?
  3. If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?
  4. Do all employees have to agree to a change to their contractual terms before the employer can implement the change?
  5. Can an employee refuse to accept a variation to his or her terms and conditions of employment but continue to work under the new terms?
  6. Can an employee take on paid work during her maternity leave?
  7. Who can be chosen as a companion at a disciplinary or grievance hearing?
  8. Where an employer recognises one union can a worker ask to be accompanied by an official of another union at a disciplinary or grievance hearing?
  9. Where a redundancy will take effect before a woman goes on maternity leave is she entitled to preferential treatment with regard to being offered suitable alternative employment?
  10. Given that the expiry of a fixed-term contract constitutes dismissal, what will usually be a fair reason for dismissal?

Photo: Wiertz Sebastien

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Susie Munro | |

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