This week's top 5:

1. ‘They hang up unless you sound Irish’ – Is accent prejudice ‘normalised’?
2. Unemployment rises to 30-month high of 4.7%
3. Ireland ranks second in Europe for remote and hybrid work despite mismatch of supply and demand
4. 3 Reasons why it’s unethical to discuss politics at work
5. Collective Redundancies – What’s Changed?

And in other news………….The Rise of the Avatar in the Workplace. Time for HR to Take Note? Listen here!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Government needs to explain auto-enrolment to workers, says industry expert
4. Remote and Flexible Working
5. ‘They hang up unless you sound Irish’ – Is accent prejudice ‘normalised’?
6. Unemployment rises to 30-month high of 4.7%
7. Unions
8. DEI
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. Free Webinars This Month

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1. Case Law Review

Mary Roche v Kilkenny And Carlow Education And Training Board [2024]

Reference: ADJ-00048318

Applicant: Mary Roche

Respondent: Kilkenny And Carlow Education And Training Board

Keywords: Disability, Victimisation.

Summary Sentence: Did the employer fail to provide reasonable accommodation and/or was the Complainant's non-selection and wage issues discriminatory / retaliatory?

Practical Guidance for Employers: Employers should understand and apply the Employment Equality Acts 1998-2015, ensuring their policies reflect the broad definition of disability and proactively offering reasonable accommodations. Additionally, they should provide regular anti-discrimination training, document employment decisions, and ensure fairness in all practices.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/august/mary-roche-v-kilkenny-and-carlow-education-and-training-board-2024/

Cliona Holt v Veolia Energy Services Ireland Limited [2024]

Reference: ADJ-00048216

Applicant: Cliona Holt

Respondent: Veolia Energy Services Ireland Limited

Keywords: Unfair Dismissal, Grievance Procedure.

Summary Sentence: Worker’s complaint of unfair dismissal rejected by WRC.

Practical Guidance for Employers: Employers should ensure suspensions are justified with clear documentation, address grievances promptly and transparently, and maintain clear communication to prevent misunderstandings. They should offer reasonable accommodations and encourage employees to exhaust internal grievance procedures before considering resignation to avoid claims of constructive dismissal.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/august/cliona-holt-v-veolia-energy-services-ireland-limited-2024/

These case reviews were written by Patrick Barrett BL.

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Remember: Our Irish case law reviews are now held in our case law section on our fully-searchable employment law hub website:
https://www.legal-island.ie/employment-law-hub/case-law-search-page/

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2. AI and Employment Law

The Rise of the Avatar in the Workplace. Time for HR to Take Note?

Barry Phillips considers the likely impact of avatars in the workplace for HR. Listen here:
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/august/the-rise-of-the-avatar-in-the-workplace.-time-for-hr-to-take-note/

DPC launches High Court proceedings over X’s AI tool

Ireland’s Data Protection Commission (DPC) has launched High Court proceedings against Twitter International Unlimited Company, the Dublin-based data controller for social media platform X. The regulator is seeking an injunction preventing the company from using EU users’ data to train an AI-powered tool called Grok, which it believes would breach its obligations under the GDPR. Irish Legal News has more on this story:
https://www.irishlegal.com/articles/dpc-launches-high-court-proceedings-over-xs-ai-tool

Irish PR industry body issues first set of guidelines on use of AI

Public relations advisers in Ireland have been issued with their first set of industrywide guidelines on the “effective and ethical” use of artificial intelligence (AI) as part of their work. The Public Relations Institute of Ireland (PRII) has released the guidelines to members to help PR practitioners integrate an ever-increasing array of AI tools into their profession in a responsible manner, it said. The guidelines are grounded in the European Code of Professional Conduct in Public Relations as well as the industry’s International Code of Ethics. The Irish Times has more on this:
https://www.irishtimes.com/business/2024/08/08/irish-pr-industry-body-issues-first-set-of-guidelines-on-use-of-ai/

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3. Government needs to explain auto-enrolment to workers, says industry expert

The Government needs to plan an extensive awareness campaign if it wants the new mandatory workplace pension scheme — auto-enrolment — to succeed, according to a pensions specialist. Quest Retirement Solutions says at least €5 million should be set aside for a “comprehensive public awareness” campaign, pointing to the success of Government communication a decade ago around lifetime community rating in private health insurance. It is also calling for the scheme to be introduced on a phased basis, reports the Irish Times:
https://www.irishtimes.com/business/work/2024/08/05/government-needs-to-explain-auto-enrolment-to-workers-says-industry-expert/

However…

Irish workers rank health cover over pensions, survey finds

Employees not already in a retirement plan will be automatically enrolled in a pension scheme under new laws due to come into force next year, but a study by Dooley Insurance Group shows workers rate full health insurance as more of a priority than pensions. The survey found that 56 per cent of those questioned preferred health cover as against 49 per cent for both pensions and four-day weeks. More here from the Irish Times:
https://www.irishtimes.com/business/work/2024/08/06/workers-rank-health-cover-over-pensions-survey/

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4. Remote and Flexible Working

18 remote or flexible work complaints filed with WRC this year

The Workplace Relations Commission (WRC) has received 18 complaints relating to remote or flexible working since the introduction of the 'Right to Request Remote or Flexible Work' earlier this year. Figures released by the Department of Enterprise, Trade and Employment show that up to 30 July, 18 people had made complaints to the WRC about remote or flexible working. More here from RTÉ :
https://www.rte.ie/news/ireland/2024/0802/1463106-remote-flexible-work-wrc/

Ireland ranks second in Europe for remote and hybrid work despite mismatch of supply and demand

New data published by LinkedIn found that almost half of all paid job postings in Ireland offered hybrid (38%) or remote (8%) in June this year, with demand for remote roles 2.5 times the share of applications compared to the number of positions available. However, the professional social network found that demand for these roles continues to outstrip supply, with the availability of remote and hybrid positions continuing to decline as more staff return to the office. You can read more from the Irish Examiner here:
https://www.irishexaminer.com/business/companies/arid-41451139.html

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5. ‘They hang up unless you sound Irish’ – Is accent prejudice ‘normalised’?

Accent prejudice has become too “subtle” and “normalised” in Irish culture, according to a linguistics expert. Accent-based prejudice refers to poorer treatment of someone or a community based on the way they speak, according to UCD Professor Stephen Lucek. The American-born linguistics expert told Younified people can be prejudiced towards those outside or within their own country. More:
https://www.newstalk.com/news/they-hang-up-unless-you-sound-irish-is-accent-prejudiced-normalised-1752191

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6. Unemployment rises to 30-month high of 4.7%

Ireland's unemployment rate hit its highest rate in two-and-a-half years in July, rising to 4.7 per cent from an upwardly revised 4.5 per cent a month earlier, Central Statistics Office data showed on Tuesday. Data for March to May that had previously put the jobless rate near a record low in each month at 4 per cent were also revised higher, meaning unemployment has now risen steadily for five successive months from 4.1 per cent in February. Breaking News has more here:
https://www.breakingnews.ie/ireland/unemployment-rises-to-30-month-high-of-4-7-1658376.html

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7. Unions

Call centre company refusing to allow union reps into disciplinary hearings, say workers

Workers at Cork-based outsourcing company Abtran have said that the company are refusing to allow union representatives into disciplinary hearings.  In emails sent to employees facing disciplinary processes seen by The Journal, Abtran said that they “recognise the employee’s right to have a colleague present by way of representation but not any other person or body unconnected with Abtran”:
https://www.thejournal.ie/abtran-discipline-iwu-6452085-Aug2024/

Union warns statutory redundancy system needs updating

Electricians working for street-lighting firm Enerveo have voted overwhelmingly to accept redundancy terms agreed after a week-long strike at the company which has provided services to many local authorities in recent years. Members of the trade union Connect rejected the redundancy terms offered, however. While these were improved, the workers went on strike last month before the two sides reached an agreement during talks at the Workplace Relations Commission reports the Irish Times:
https://www.irishtimes.com/business/2024/08/07/union-warns-statutory-redundancy-system-needs-updating-after-deal-with-street-lighting-contractor/

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8. DEI

Institute of Directors launches €16,800 inclusivity bursary

The Institute of Directors (IoD) has launched a bursary worth €16,800 to support inclusivity by identifying individuals with potential and teaching them good governance. With the bursary, which has been named in memory of former AIB executive Gary Kennedy, the IoD aims to cultivate a more diverse and equitable environment among business directors. The IoD will offer one candidate a fully-funded place on its Chartered Director Programme commencing next year and you can find out more about this from Business Plus:
https://businessplus.ie/executive-development/institute-of-directors-bursary/

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9. Just in Case You Missed It...

Collective Redundancies – What’s Changed?

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (the 2024 Act) came into force on 1 July 2024.  It introduces enhanced protection for employees where there are collective redundancies in an insolvency situation. Siobhán Lafferty from LK Shields Solicitors LLP covers the changes in her article here:
https://www.legal-island.ie/articles/ire/features/employment-law/2024/august/collective-redundancies--whats-changed/

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10. HR Developments

Where do employers stand legally on return-to-office mandates?

In April of this year, a Dutch academic was awarded €300,000, the third-highest figure ever given out by the Workplace Relations Commission (WRC) to an individual, for unfair dismissal by University College Cork (UCC). Where do employers and employees stand legally when on opposing sides of the return-to-work debate? Síobhra Rush, a partner at law firm Lewis Silkin in Dublin provides guidance in this article from Silicon Republic:
https://www.siliconrepublic.com/advice/employers-stand-legally-return-office-debate

3 Reasons why it’s unethical to discuss politics at work

Discussing politics at work risks violating three crucial ethical principles: Do No Harm, Make Things Better, and Be Fair. That’s why it’s smart to leave politics at the door. This article from Forbes outlines the risks:
https://www.forbes.com/sites/bruceweinstein/2024/07/25/3-reasons-why-its-unethical-to-discuss-politics-at-work/?ss=chro-network

CIPD: Supporting your workforce through a crisis event

Crisis events have a serious impact on people’s lives and on organisations. The personal safety and wellbeing of employees will be paramount, but employers will also need to support and manage their workforce and their organisation through other important concerns. The CIPD has collated helpful resources here:
https://www.cipd.org/uk/knowledge/guides/crisis-events-support/

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11. Employment News in the Media

Queen's university in Belfast has closed its campus today ahead of further planned protests in the city. In a statement, it said the campus, including its public facilities, would close as a precautionary measure to ensure staff and students travelling to and from campus are not put at any risk. It said staff and students have been informed of interim support and learning measures. Read about it here:
https://www.rte.ie/news/2024/0809/1464168-belfast-protest/

A TikTok staff member who said her employer "completely disregarded" her needs in denying her request to work exclusively from home has had her complaint dismissed by the Workplace Relations Commission. Complainant Alina Karabko alleged that the respondent, TikTok Technology Ltd, did not consider her application to continue fully remote working arrangements in accordance with the Work Life Balance and Miscellaneous Provisions Act 2023. Read why her case was dismissed here:
https://www.rte.ie/news/business/2024/0808/1464076-wrc-tiktok-worker-remote-working-case/

SIPTU has agreed a new three-year pay deal with the Society of the Irish Motor Industry (SIMI), the national trade association for the motor industry, which secures a 21% increase in wages for craft workers employed across the sector over the next three years. The agreement includes a 15% increase in basic pay, implemented since 1st July 2024, followed by a 3% increase in basic pay from 1st July 2025 and a further 3% increase in basic pay from 1st July 2026. You can read the full statement from SIPTU here:
https://www.siptu.ie/siptu-win-21-pay-increase-for-craft-workers-employed-in-the-motor-industry/

SIPTU helped secure awards totalling €3,889 for a worker who did not receive a statement of his terms of employment and was left with outstanding payments by his employer, Lawless Aggregate Ltd. In its decision, the Workplace Relations Commission (WRC) found that Lawless Aggregate Ltd should pay its former employee, Roman Berezovskis, €1,500 compensation for failure to provide him with a written statement of his terms of employment, €1,762.43 for outstanding wages and €626.97 for outstanding holiday pay due at the date he terminated his employment:
https://www.siptu.ie/siptu-secures-e3889-for-worker-not-provided-with-written-terms-of-employment/

Australia's Qantas said it was cutting its former CEO's exit bonuses by A$9.3m after an external review found him responsible for measures alienating travellers, employees and shareholders in the COVID era and beyond. Joyce's final compensation totalled A$21.4m including bonuses, but the company said at the time it reserved the right to withhold some pending an external review of how the airline which sells nearly two-thirds of Australian domestic fares was run. Qantas published the review, which blamed the company's reputational crisis on a "command and control" leadership style, and said it was cutting Joyce's final package to just over half the original amount. More from RTÉ:
https://www.rte.ie/news/business/2024/0808/1463960-qantas-cuts-former-ceos-exit-pay-after-governance-report/

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12. Free Webinars This Month

HR’s Role in Addressing Domestic Abuse

Tuesday 3rd September, 11:00am - 11:45am

As HR professionals, safeguarding the well-being of our employees is a paramount responsibility. Unfortunately, domestic abuse is an issue that affects many; in 2023, more than 54,000 domestic abuse complaints were made to An Garda Síochána, marking an 8% rise compared to the previous year. Domestic abuse and its repercussions often extend into the workplace, impacting productivity, morale, and overall health. It is essential HR makes a positive impact by fostering a supportive workplace culture to those affected.

In this webinar, Emma Quinn from Eversheds Sutherland firm joins Victoria Smith from Legal Island to discuss this topic. Emma will set out the practicalities and will provide her legal insights to help you:

• Gain practical strategies to support employees dealing with domestic abuse, ensuring their safety and well-being at work.
• Know your legal responsibilities under the Work Life Balance and Miscellaneous Provisions Act by providing Statutory Domestic Violence Leave for staff.

Our expert speakers will provide guidance to help you handle these sensitive situations with empathy and effectiveness. Victoria will also take your questions at the end and discuss with Emma on what HR can and should be doing to tackle this issue. NOTE: – send questions in live during the webinars or drop a line in advance to webinars@legal-island.com Anonymity assured.

You can reserve your spot here:
https://attendee.gotowebinar.com/register/4506468694327002207?source=WR

All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
https://www.legal-island.ie/resources/webinar-recordings/

Enjoy the weekend.

Legal-Island