Roses are red, violets are blue, staying compliant is tricky—but we’ve got you!💘 This Valentine’s, let us shower you with something even more reliable than chocolates: your weekly roundup of HR and employment law news!
This week's top 5 reads in employment law are here:
- 🧑⚖️ US AI Judgment: Thomson Reuters v. ROSS Intelligence – a landmark case shaking up AI and copyright law!
- 🏠 Remote or Bust? 60% won’t take a job without it, but remote roles are fading fast.
- 🎭 DE&I: Done & Dusted? Is this the end of workplace diversity efforts?
- 😨 Bullying Case – A Galway worker faced one of the worst cases ever recorded in WRC.
- 💰 Pay Transparency? Most Irish workers say it’s a black hole.
And in other news............... 📢 Join our employment law experts, Dr Gerry McMahon and Bernadette Daly, Partner at CC Solicitors for our upcoming FREE webinar on case law insights into bullying and harassment on Wed, 26th Feb at 11am. BOOK your place today!
CONTENTS
1. Case Law Reviews ⚓︎
Selga Kreituze v The Mills Inn ADJ-00053482
Summary: Employer failed to provide breaks and timely contract issuance.
Keywords: Working Hours, Employment Contract, Compliance
Complainant: Selga Kreituze
Respondent: The Mills Inn
Practical Guidance for Employers
Employers should:
- Ensure Compliance with Working Time Regulations: Employers must adhere to the Organisation of Working Time Act 1997, ensuring employees receive adequate breaks and do not exceed permitted working hours. Failure to comply can lead to claims and financial penalties. Regular audits of staff schedules and rest periods can help prevent breaches.
- Provide Written Contracts on Time: Under the Terms of Employment (Information) Act 1994, employers must issue written contracts within one month of employment commencement. Delays can result in legal claims and compensation orders. Employers should implement a structured onboarding process to ensure timely contract provision.
- Maintain Transparent and Fair Work Allocation: Employers should clearly communicate any changes to working hours and ensure fairness in scheduling. Unclear policies on working time can lead to misunderstandings and potential disputes. Regularly reviewing rostering practices and engaging with employees on their schedules can foster a positive work environment.
- Train Management on Employment Law Compliance: Providing HR and management teams with training on employment legislation can help ensure compliance with statutory obligations and reduce the risk of workplace disputes.
Read the Review in full:
https://legal-island.ie/employment-law-hub/selga-kreituze-v-the-mills-inn-2025
Pharmacy Technician v Pharmacy IR - SC – 00003164
Summary: Clear policies and communication failed in the workplace and a compensatory payment of €500 to the employee was recommended.
Keywords: Bullying & Harassment, Grievance Procedure, Diversity, Sensitive Employee Data
Complainant: Pharmacy Technician
Respondent: Pharmacy
Practical Guidance for Employers
Employers should:
- Improve Workplace Communication & Issue Resolution: Employers should establish clear, formal communication channels to address employee concerns early. Encouraging staff to voice issues through structured grievance procedures can help resolve disputes before they escalate. Regular check-ins and an open-door policy can also foster a more transparent work environment.
- Ensure Proper Handling of Sensitive Employee Information: Discretion in managing personal and medical information is critical. Employers must train staff on confidentiality and ensure that private matters are handled professionally. Breaches of discretion, even unintended, can damage trust and morale.
- Regularly Review and Update HR Policies: Employers should conduct periodic reviews of policies on grievances, bullying, harassment, and diversity. Ensuring that these policies are well-communicated and consistently applied helps prevent misunderstandings and strengthens workplace fairness. Providing staff training on these policies can further support a respectful and inclusive work culture.
Read the Review in full:
https://legal-island.ie/employment-law-hub/pharmacy-technician-v-pharmacy-ir-sc-00003164
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/
2. AI and Employment Law ⚓︎
US AI Judgment: Thomson Reuters v. ROSS Intelligence
In a closely watched US decision, a Third Circuit judge, sided largely with Thomson Reuters in its copyright dispute against ROSS Intelligence. The ruling granted partial summary judgment on direct copyright infringement claims while dismissing ROSS’s argument that its use of Thomson Reuters’ content qualified as fair use. With Ross Intelligence now bankrupt and the technology at issue a decidedly niche application, attention is shifting to the broader implications for AI training and the use of copyrighted materials—particularly in the realm of generative AI.
The full judgement is available here:
gov.uscourts.ded.72109.770.0.pdf
Read analysis from Matthew Sag here:
Thomson Reuters v. ROSS Intelligence (Summary Judgement) – Matthew Sag
Key Dates for HR in Ireland under the EU AI Act
2nd February 2025 was the first milestone date for implementation of some of the provisions of the EU AI Act and there are more to follow. The table in the link sets out the most important dates for HR and recommended actions. This table was drafted by Barry Philips, Chairman, Legal Island with the assistance of AI search engine Perpleixy on 10 February 2025:
https://legal-island.ie/employment-law-hub/key-dates-for-hr-in-ireland-under-the-eu-ai-act
Data protection authorities sign joint declaration on AI
Data protection authorities from Ireland, Australia, Korea, France and the United Kingdom sign a joint declaration to reaffirm their commitment to implementing data governance that promotes innovative and privacy-protecting AI. The declaration was signed in Paris, at an OECD hosted event organised by the Commission nationale de l'informatique et des libertés (CNIL) and the Data Protection Authority of South Korea. You can download the full statement here:
3. Remote & Flexible Working ⚓︎
60pc of workers would turn down job without remote working while number of roles drops
6 in 10 people would turn down a job if it did not offer remote working options, new data shows, but the number of hybrid and remote job listings is falling. Two-thirds of employees in Ireland are availing of a hybrid working arrangement, according to the latest salary guide from Cpl. The vast majority of workers should be in line for a pay increase this year, with 84pc of employers planning salary bumps at an average of 3.4pc reports the Irish Independent:
Flexible work remains essential for attracting talent – study
Recruitment firm Cpl has released its salary guide for 2025 detailing the expected pay levels for a wide range of roles across 20 different sectors. The guide is also emphasising that financial incentives alone no longer suffice and that flexible working remains an essential offering when it comes to attracting top talent. According to Cpl, workers are also prioritising career development and meaningful work, with many professionals citing learning opportunities as critical to their career decisions. RTÉ has more:
https://www.rte.ie/news/business/2025/0212/1496195-flexible-work/
What the Data Says: Is Hybrid Work the Key to Employee Satisfaction?
Everybody has differing views of the hybrid work model, but there’s one thing that’s undeniable: It’s everywhere, and it doesn’t look like it’s going away…As companies embrace the newer work trends, understanding what employees want versus what employers expect is critical to designing a sustainable workplace model. Morgan McKinley recently researched to gather insights about various hiring and workplace trends by surveying over 2751 professionals and 530 employers/hiring managers globally. Read more from Morgan McKinley here:
JPMorgan CEO Dimon dismisses in-office work pushback, demands efficiency
JPMorgan Chase CEO Jamie Dimon scorned calls from some employees to soften the bank's five-day return-to-office policy in an animated town hall meeting this week, according to a recording reviewed by Reuters. Employees at the largest US bank have complained on internal message boards and chats about losing hybrid working arrangements, and one group launched an online petition urging Dimon to reconsider. RTÉ has more:
https://www.rte.ie/news/business/2025/0213/1496566-jpmorgan-chase-ceo-on-hybrid-working/
Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges
Are you dealing with remote and flexible working requests in your business? Come to our event, Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges online, on 27th March. This event is in partnership with the leading employment law team at Eversheds (Sutherland) Ireland LLP. We will be exploring topics such as absence management (short and long term), disability & reasonable accommodation, remote and flexible working requests and much more! Get the legal answers to your most pressing & tricky HR challenges. Read the full programme here:
https://legal-island.ie/events/legal-answers-to-hr-dilemmas-roi
4. Restructuring ⚓︎
Permanent TSB plans to lay off 300 employees as part of ongoing restructuring
In December, the bank revealed a voluntary exit scheme, initially available to Senior Managers in October, would be expanded to include all staff. The Financial Services Union intends to meet the bank in the coming weeks to seek clarification on the rationale behind each redundancy. Gareth Murphy, FSU's head of industrial relations, said they are concerned about customers and impacts on job losses. Breaking News has more on this:
Dublin music college staff to strike over proposed redundancy plans
The action is being taken by staff at BIMM music institute who are members of the Irish Federation of University Teachers (IFUT) trade union. The private college has a strong track record in developing talent for the music industry, counting members of bands Fontaines D.C. and The Murder Capital and singers such as Erica Cody among its graduates. Last month it notified the Department of Enterprise, Trade and Employment of redundancy plans which put the jobs of 53 of its 135 employees "at risk". More from RTÉ:
https://www.rte.ie/news/education/2025/0210/1495696-bimm-lecturers-protest/
5. Pay ⚓︎
Disability care workers’ pay left short as voluntary providers fail to increase sleepover rates
SIPTU criticised publicly funded disability providers for not raising pay for workers on sleepover shifts in line with National Minimum Wage (NMW) increases. SIPTU's Sharon Cregan noted that sleepover shifts, which require workers to stay on-site overnight, must be paid at least the NMW as per a 2014 Labour Court ruling. Although the HSE has provided funding for this, SIPTU found that several providers haven't applied the 2024 and 2025 NMW increases, claiming insufficient HSE funding. More from SIPTU:
Most Irish workers believe there is no pay transparency in their workplace
Just one in four people in Ireland believe there is full pay transparency in their workplace and more than half think discussing salaries is taboo, according to a new Indeed survey. The job site’s research shows that 83% believe job postings should include salary ranges as standard, and 82% would be more likely to apply for a job if employers listed a salary range when recruiting. More than four in ten respondents (42%) also said that they had discovered that a colleague working in the same position was earning more than them on at least one occasion during their career. Business Plus has more on this:
https://businessplus.ie/jobs/irish-workers-on-pay-transparency/
Ireland has fifth highest minimum wage in the EU, after accounting for high cost of living
Ireland has the second highest gross minimum wage among EU countries, before the cost of living is taken into account, according to a new analysis. Out of the 22 countries that have an established national minimum wage, Eurostat – the EU’s statistics office – found Ireland is second highest and one of six countries where the level is above €1,500 per month for working a standard week. However, Ireland falls to fifth place when the minimum wage is calculated in Purchasing Power Standards (PPS), that is after adjusting them to price differences across countries. You can read more from the Irish Independent here:
6. DEI ⚓︎
Irish-headquartered Accenture drops diversity targets citing Trump's DEI orders
Ireland-headquartered Accenture is abandoning its diversity targets after US president Donald Trump ordered his administration to push private firms to end diversity, equity, and inclusion (DEI) practices. The professional services firm, with nearly 800,000 employees around the world and more than 5,000 in Ireland, is sunsetting the goals, which it first set in 2017 and updated in 2020, and will no longer use them to measure employees’ performance, Accenture CEO Julie Sweet said in a memo to staff the Irish Examiner reports:
https://www.irishexaminer.com/business/companies/arid-41570155.html
Deloitte asks consultants to US government to remove gender pronouns from emails
Deloitte US has asked employees working on government contracts to remove gender pronouns from their email signatures and ditched its wider diversity, equality and inclusion (DEI) programmes, in the latest sign of companies shifting their policies after the election of Donald Trump. Consultants at the Big Four firm who work for the US government were asked last week to remove pronouns indicating their gender from emails sent externally, according to people familiar with the details. More from the Irish Times:
7. Work Permits ⚓︎
Ensuring Fair Treatment for Migrant Workers with Reactivation Permits
The Reactivation Employment Permit allows foreign nationals who previously had valid permits but fell out of the system or were mistreated to legally work in the State again. Either the foreign national or the employer can apply, and the permit is issued to the foreign national, with a certified copy sent to the employer. Foreign nationals who have been unfairly disadvantaged or exploited can re-enter the workforce legally. Additional information, including eligibility criteria and fee information, can be found here:
https://www.gov.ie/en/publication/3acf5-reactivation-employment-permit/
Understanding the Contract for Services Employment Permit
The Contract for Services Employment Permit replaces the Contract Service Provider class of Work Permit Employment Permit.
The Contract for Services Employment Permit is designed for situations where a foreign undertaking (Contractor) has won a contract to provide services to an Irish entity (Relevant Person) on a contract for services basis and to facilitate the transfer of non-EEA employees to work on the Irish contract in Ireland:
https://www.gov.ie/en/publication/85909-contract-for-services-employment-permit/
8. Just in Case You Missed It... ⚓︎
AI Literate? My Staff?! Yes, because Brussels Said So!
In this week’s podcast, Barry Phillips takes a look at the new AI Literacy obligation imposed on organisations by the EU AI Act and ask what does it mean?
https://legal-island.ie/employment-law-hub/ai-literate-my-staff-yes-because-brussels-said-so
Don’t have time to listen? We’ve got you covered…read his article here:
2025 McKinsey Report on AI- What are the Key Takeaways for Employers?
Barry Phillips gives his views on the top ten takeaways from the McKinsey survey on AI published last week. Listen to the podcast here:
Is this Goodbye for DE&I?
The beginning of this year saw a flurry of headlines announcing the end of workplace Diversity, Equity and Inclusion (“DE&I”) programmes across a range of big-name multinationals in the U.S. (some of whom were once the front runners leading the way in the DE&I space). Aoife Gallagher-Watson, Director with EY Law Ireland discusses the changes taking place in the U.S., the potential impact for Irish businesses and some of the key risks and consequences organisations can face when introducing major changes to company policies and programmes.
https://legal-island.ie/employment-law-hub/is-this-goodbye-for-de-i
9. HR Developments ⚓︎
‘State of childhood’ report highlights need for greater support for working parents
The latest findings from Modern Families Index reveals the critical challenges faced by working parents. The report highlights the urgent need for employer support to reduce parents’ mental load and mitigate the impact of their concerns on work performance. 70% of those with preschool and primary school children look to employers for support for their child’s mental health and academic progress. More from HR Director:
The four quadrants of behavioural standards – why ‘multipliers’ are the staff you need to attract and retain to create a high-performance company culture
Traditional approaches to defining company culture often fall short. Instead of focusing on vague values, organisations should identify and cultivate “Multiplier” behaviours. Multipliers excel in their roles and empower those around them. It’s critical to recognise that by focussing on the ability to do the job you were hired to do, as well as the behaviours (how you go about doing it), you should be seeking to achieve the multiplier effect. HRD Connect has more:
10. Employment News in the Media ⚓︎
A Galway City Council sanitation worker who was exposed to what a Workplace Relations Commission adjudicator called "one of the worst cases of bullying" he has seen has won €25,000 in compensation for disability discrimination. Thomas Greaney, a road sweeper driver, was awarded the sum for disability discrimination in breach of the Employment Equality Act 1998 because the council made "no adequate effort" to make workplace adjustments after Mr Greaney had to take sick leave for the stress and anxiety caused by the situation. You can read more from RTÉ:
Lloyds Banking Group is facing a £1 billion bill after a tax tribunal ruled against it in a dispute tied to losses in Ireland dating back nearly 15 years. The First-tier Tribunal Tax Chamber has dismissed the lender’s appeal against HM Revenue & Customs’ stance that Lloyds incorrectly claimed £3.8 billion in tax relief linked to its Irish operations, which were wound down following the 2008 financial crisis reports Business Matters:
https://bmmagazine.co.uk/news/lloyds-braced-for-1bn-tax-clash-in-ireland-losses-row/
The WRC has upheld the dismissal of a senior Dublin Airport executive whose 25-year career came to an end when he was sacked for gross misconduct after being arrested over allegations of theft from terminal shops. A senior manager, Mr D, was the deciding officer at a disciplinary hearing in August 2023. Central to the findings of the disciplinary investigation was the fact that Mr Carey was a "senior executive in an airside safety and highly regulated operational role", the WRC heard. More here from RTÉ:
A supervisor at a contract cleaning firm who said he was "falsely" accused of sexual harassment and sacked has won his job back nearly two years on from his dismissal. The Workplace Relations Commission (WRC) made the reinstatement order against Sodexo Ireland Ltd after ruling it had breached the Unfair Dismissals Act 1977 by relying on "flawed procedures and hearsay evidence" when it dismissed the worker, Nkemka Patrick Okachi, in February 2023. Sexual harassment findings were made against Mr Okachi despite the fact that none of the three senior managers who made decisions during the process of investigation, disciplinary hearing and appeal actually saw the CCTV footage of the incident, the WRC noted. More from RTÉ:
The UK Court of Appeal's decision in Higgs v Farmor's School is a pivotal ruling with significant implications for HR and employers in the UK. Robert Lewis from Mishcon de Reya explains that disciplinary actions may be discriminatory unless justified and proportionate. This ruling affects how employers handle employees expressing personal opinions on issues like sexual orientation, gender identity, or political matters. More from Personnel Today:
https://www.personneltoday.com/hr/higgs-farmors-school-implications-for-hr-and-employers/
11. Friends of Legal Island ⚓︎
Loretta Dignam listed on Forbes 50 Over 50 Global List – 50 Leaders Making Their Mark
Like many women who enter menopause and feel blindsided by some of its symptoms, Loretta Dignam also felt let down by the traditional healthcare system. And so she went about fixing her own problems, founding The Menopause Hub—Ireland’s first and only dedicated menopause clinic at the time–in December 2018, at the age of 56. With two locations in Dublin and one in Cork, The Menopause Hub offers patients dedicated access to OB-GYNs who can prescribe hormone replacement therapy (HRT) and non-hormonal treatment options. In her spare time, Dignam has also been campaigning for the Irish government to offer free HRT for people experiencing perimenopause and menopause.
Congratulations Loretta from all at Legal Island!
Read more here:
Deirdre Cummins appointed chair of Pensions Council
Irish Legal News reports Arthur Cox lawyer Deirdre Cummins has been appointed as chairperson of the Pensions Council. The Pensions Council, An Chomhairle Pinsean, advises the minister for social protection on matters relating to policy on pensions. Congratulations Deirdre!
https://www.irishlegal.com/articles/deirdre-cummins-appointed-chair-of-pensions-council
12. Free Webinars This Month ⚓︎
Case Law Insights: Lessons Learned from Key Bullying and Harassment Cases in Ireland – Free Webinar
Wednesday, 26th February 2025
11:00 AM – 12:00 Noon
Online
Bullying and harassment remain pressing issues in Ireland, with nearly 1 in 3 workers experiencing them firsthand according to Matrix Recruitment’s recent study. Despite complaints being raised to HR or senior leaders, only 20% felt they were resolved promptly and discreetly. This begs the question, are the current Codes of Practice enough?
Laura McKee, Knowledge Partner, Legal Island will be joined by Bernadette Daly, Partner, CC Solicitors and Dr Gerry McMahon, MD at Productive Personnel Ltd. and Bernadette Daly, Partner at CC Solicitors as they unpack key cases, share legal insights, and explore practical strategies to foster respectful workplaces.
Dealing with bullying and harassment at work can be tricky, messy, and downright confusing, and this session will help you tackle bullying issues head-on, protect your people, and create a better workplace for everyone!
Register here:
https://attendee.gotowebinar.com/register/3180520347239188824?source=Round
MII TED Talk Club on 20th February at 16.00 GMT with Michael Lang
The Mediators’ Institute is back with their first TED Talk Club of the year on 20th February with special guests on their expert panel – new MII President Andrea O’Neill and, all the way from the US, Michael Lang.
The Reflective Practitioner himself, Michael Lang, is perhaps the most famous mediator in the world. If not, he’s probably in the top 1.
You can find out more here:
https://mediatorsinstituteofireland.clr.events/event/137293:mii-ted-talks-club-meeting
Enjoy the weekend.
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