This week's top 5:

1. Annual Review Session of the Week: Key employment law developments with Jennifer Cashman
2. Jobseekers using AI to embellish CVs are facing more scrutiny in the interview process
3. 40% of US workers willing to quit job over political differences with their boss
4. Your inclusion efforts are failing – why?
5. One in three businesses struggling to hire workers

And in other news………….we have not one, but two upcoming FREE webinars.  Join the experts at Lewis Silkin LLP on 19th September as they discuss the latest developments and differences in employment law in Ireland, Northern Ireland and GB to understand how they may impact your organisation. On 26th September, Arthur Cox look at best practice for fostering an inclusive environment that embraces neurodiverse talent - REGISTER

CONTENTS

1. Annual Review Session of the Week
2. Case Law Review
3. AI and Employment Law
4. Employment permits legislation now in force ‘do not go far enough’
5. Budget
6. Recruitment and retention challenges
7. Caregivers’ protection against discrimination: tips for employers
8. Cybersecurity and data protection
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. Friends of Legal Island
13. Free Webinars This Month

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1.  Annual Review Session of the Week: Review of the Year (Part 1 – 2024 – Looking Back)

Join Jennifer Cashman, Partner and Head of Employment Law at RDJ LLP, as she presents her expert analysis of the key employment law developments in 2024. Jennifer's annual round-up will highlight what’s most important for you to know for Ireland’s workplaces, focusing on trends that have emerged since November last year. Don’t miss this essential session to stay informed and ahead of the curve.

To find out more about this and the rest of the program and book your place, click here:
https://bit.ly/ktroiarel24

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2. Case Law Review

Ann Britton v Amcor Flexibles Ltd

Reference: ADJ-00050138

Applicant: Ann Britton

Respondent: Amcor Flexibles Ltd

Keywords: Sick Leave

Summary Sentence: Employee disputed the Company’s own Sick Pay Scheme.

Practical Guidance for Employers: Employers should ensure compliance with the Sick Leave Act 2022 by updating policies to reflect the statutory sick leave entitlement, which increases from 5 days in 2024 to 10 days by 2026. Pay employees 70% of their daily earnings, up to €110 per day, for certified sick leave, ensuring payroll accuracy. Verify eligibility based on 13 weeks of service and require a medical certificate. Protect employees from discrimination for taking sick leave, maintain records for four years, and review existing policies to ensure they meet or exceed statutory requirements, including for probationary and part-time staff.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/september/ann-britton-v-amcor-flexibles-ltd-2024/

A Worker v A Health Service Provider

Reference: IR - SC - 00001399

Applicant: A Worker

Respondent: A Health Service Provider

Keywords: Fair Procedures; Impartiality.

Summary Sentence: Long-standing employee claimed unfair treatment / bias during a recruitment process.

Practical Guidance for Employers: Employers should ensure interview panels are impartial by avoiding members with prior conflicts with candidates. Address candidate complaints promptly, document all interview processes and decisions, and regularly update conflict of interest declarations. Acknowledge employee qualifications fairly, adhere to procedural guidelines to prevent legal issues, and clearly communicate outcomes to maintain transparency and trust.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/september/a-worker-v-a-health-service-provider-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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3. AI and Employment Law

How jobseekers using AI to embellish CVs are facing more scrutiny in the interview process

Nearly 40pc of Irish businesses are now using special software to detect job applicants who may have embellished their job applications with artificial intelligence tools, according to a new survey by Irish Jobs. More firms are also intensifying their scrutiny of applicants during interviews to make sure they get what is described as a more “holistic” view of candidates who may have used artificial intelligence when making job applications:
https://www.independent.ie/business/irish/how-jobseekers-using-ai-to-embellish-cvs-are-facing-more-scrutiny-in-the-interview-process/a607952221.html

CIPP - AI not being adapted as quickly as expected for payroll

The Future of Payroll Report 2020 revealed 86% of respondents expected automated business processing or AI to further develop in managing the transactional side of payroll, compared to just 14% who didn’t anticipate this would happen. However, the results of both subsequent surveys, in 2022 and this year, show development in this area is still slow moving:
https://online.flippingbook.com/view/706203142/

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4. Employment permits legislation now in force ‘do not go far enough’

The Employment Permits Act, which comes into force on Monday, is “a step in the right direction”, but the reforms do not go far enough, according to Barry Whelan, chief executive at Excel Recruitment Group. The legislation consolidates and modernises permits law with the aim of benefiting both employers and permit holders. Mr Whelan said while the legislation introduces “much needed flexibility” the employment permit system itself must become “more efficient” as processing times for permits remain too slow, creating bottlenecks for businesses that require urgent staffing reports the Irish Times:
https://www.irishtimes.com/business/2024/09/02/employment-permits-legislation-in-force-from-today-does-not-go-far-enough/

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5. Budget

ICTU calls on next Government to promote collective bargaining

In its election manifesto for the forthcoming general election, ICTU said it will be focussing on ensuring that clear commitments are included in the manifestos and programmes of political parties and independent candidates to promote collective bargaining if they form part of or support the next Government. The EU Adequate Minimum Wages Directive was adopted by the EU Council in 2022 and the deadline for transposition of the directive is 15 November 2024. It establishes under European law a framework for promoting collective bargaining on wage-setting for Ireland and all other member states. You can read more on this from RTÉ:
https://www.rte.ie/news/2024/0904/1468399-ictu-collective-bargaining/

Next government must prioritise delivery of 300,000 new homes, says Ibec

The delivery of 300,000 new homes over the next five years, which would include 100,000 social, affordable and cost-rental units provided directly by the State, should be a priority for the next government, Ibec has said. In a pre-election manifesto, the employers’ group said the State’s ability to respond “to capacity pressures in housing” was the single biggest threat to competitiveness and economic wellbeing. You can read more on this from the Irish Times:
https://www.irishtimes.com/business/2024/09/03/next-government-must-prioritise-delivery-of-300000-new-homes-says-ibec/

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6. Recruitment and retention challenges

One in three businesses struggling to hire workers, new data shows

A third of firms are struggling to access the workforce across the island, according to a new report from IntertradeIreland. Data from the organisation, which helps small firms trade across the whole island, shows that 145 businesses are struggling to find people to fill long-term positions while some 55 businesses have short-term gaps in their companies. More from the Irish Times:
https://www.irishtimes.com/business/2024/09/05/one-in-three-businesses-struggling-to-hire-workers-new-data-shows/

Recruitment appeal launched to hire 100 train drivers with salary reaching up to €65,000

Iarnród Eireann announced a new recruitment campaign for train drivers and electricians and is encouraging interested candidates to apply soon. The salary for the train driver role runs on a scale that can reach up to €65,000, though Iarnród Éireann does not include the starting salary in the job listing reports the Journal:
https://www.thejournal.ie/recruitment-appeal-launched-to-hire-100-train-drivers-with-salary-reaching-up-to-e65000-6479224-Sep2024/

Tánaiste insists ‘turning point’ reached amid Defence Forces recruitment challenge

Mr Martin said he was hopeful that personnel numbers would show an increase over the coming months after targeted measures to persuade people to join the Army, Naval Service and Air Corps - and for experienced, skilled personnel to remain in service longer rather than be “poached” by the private sector. Mr Martin said initiatives such as the patrol allowance, tax measures and free healthcare for all Defence Forces recruits had raised morale. This is despite Non-Commissioned Officers (NCOs), engineers and marine specialists earning far more in the private sector.  The Irish Independent has more here:
https://www.independent.ie/irish-news/tanaiste-insists-turning-point-reached-amid-defence-forces-recruitment-challenge/a1263557219.html

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7. Caregivers’ protection against discrimination: tips for employers

In the landmark 2008 Coleman case, the European Court of Justice expanded EU anti-discrimination protections to include caregivers. Today, national legislation and case law (in the EU and elsewhere) grant varying protections to caregivers in the workplace. A survey by Ius Laboris among EU and non-EU countries, looked at which jurisdictions grant specific rights and protections to caregivers in the workplace, and to what extent. Employers must be aware of them to avoid taking actions, criteria or practices which may discriminate against caregivers:
https://iuslaboris.com/insights/caregivers-protection-against-discrimination-tips-for-employers/

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8.  Cybersecurity and data protection

Cyber security legislation to be updated

The general scheme of the National Cyber Security Bill 2024 has been published. The bill is the legislative vehicle for the transposition of the Network and Information Security Directive EU 2022/2555, also known as the NIS2 Directive. It also provides for the establishment of the National Cyber Security Centre (NCSC) on a statutory basis and for related matters including clarity around its mandate and role in general. More from Irish Legal News:
https://www.irishlegal.com/articles/cyber-security-legislation-to-be-updated

Workplace data privacy update – Global trends

Ius Laboris explores recent developments in data protection across various countries. These include:

• The EU has introduced new cybersecurity legislation, while Belgium has dealt with numerous cases concerning the use of employee images and data.
• In Denmark, a register of employees terminated for gross misconduct has been deemed GDPR compliant.
• German courts have sided with employees in cases involving disproportionate data subject access requests.
• Italy has made employee-friendly rulings, including a ban on facial recognition technology and a requirement for the swift deletion of employee metadata.

You can download the report here:
https://iuslaboris.com/insights/data-privacy-update/

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9. Just in Case You Missed It...

HR’s Role in Addressing Domestic Abuse

In 2023, more than 54,000 domestic abuse complaints were made to An Garda Síochána, marking an 8% rise compared to the previous year. In this webinar, Emma Quinn from Eversheds Sutherland joined Victoria Smith from Legal Island to provide legal insights for employers on this sensitive topic. If you missed it, you can catch up here:
https://www.legal-island.ie/articles/ire/resources/webinars/2024/sept/hrs-role-in-addressing-domestic-abuse/

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10. HR Developments

Top tips for managing the post-holiday blues

No matter how much you love your job, returning to work after a break away, particularly if it was somewhere with plenty of sun, can bring about the post-holiday blues. Making that transition from rest and relaxation back into a structured working day takes effort. If you don’t want all the good of your stress-relieving trip to be drained away by a mountain of tasks and emails, then keep reading to see how you can return to work with a happy and productive mindset with this advice from Silicon Republic:
https://www.siliconrepublic.com/advice/tips-managing-post-holiday-blues-back-to-work-advice

40% of US workers (aged 18-34) willing to quit job over political differences with their boss: survey

According to a recent survey by Harris Poll, 40% of employees aged 18 to 34 stated they would consider quitting their jobs due to political differences with their boss. This statistic underscores the growing tension between personal beliefs and professional environments as the 2024 presidential election looms. More here from International Business Times:
https://www.ibtimes.co.uk/40-workers-aged-18-34-willing-quit-job-over-political-differences-their-boss-survey-1726506

CIPD: How HR can look after their own mental health: Guide for people professionals

Although HR is often seen as playing an important role in ensuring the wellbeing of employees within an organisation, the complexity and demands of the HR role requires people professionals to also take care of their own mental health. This guide provides information on how to manage your own wellbeing when working in HR:
https://www.cipd.org/ie/knowledge/guides/hr-mental-health/

Your inclusion efforts are failing – this is why

There’s a widespread misconception that psychological safety and inclusion are intrinsically linked, often stemming from a misunderstanding of what psychological safety truly entails. People Management looks at this in more detail:
https://www.peoplemanagement.co.uk/article/1886928/inclusion-efforts-failing-%E2%80%93-why?

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11. Employment News in the Media

A kitchen porter left jobless in the wake of the Browne's Steakhouse fatal shooting last Christmas Eve has secured an order requiring his former employer to pay him a redundancy lump sum worth nearly €22,000. Tristan Sherry, 26, was killed after he shot and fatally injured 48-year-old Jason Hennessy Senior at the restaurant on Main Street, Blanchardstown in Dublin 15. It was the last day of service at the restaurant for kitchen porter Gedeminas Urbasius, who told the Workplace Relations Commission last month that he had heard "nothing" from his employer since the night of the incident. More:
https://www.rte.ie/news/ireland/2024/0905/1468514-porter-shooting-wrc/

A long-serving member of the administrative staff at the country’s largest trade union who “filled her time drinking coffee and doing crosswords” after having been left with no work to do following her election to an internal staff council has been awarded €15,000 at the Workplace Relations Commission (WRC). The WRC adjudicator hearing the case, taken by Anne Fedigan under section 13 of the Industrial Relations Act, 1968, also ordered that a much-delayed investigation of her complaints be carried out and her employer, Siptu, restore her to a role of equal value to the one she previously held within a matter of weeks. More from the Irish Times:
https://www.irishtimes.com/business/work/2024/09/04/siptu-staffer-awarded-15000-by-workplace-relations-commission/

A migrant worker who accused a business of faking her initials to make up working time records has won over €22,000 for multiple breaches of her employment rights. A Workplace Relations Commission (WRC) adjudicator said he could not accept as "authentic" a series of documents produced by ice cream parlour operator Melt Gelato Ltd, in response to complaints by the worker, Anita Popov, alleging excessive working hours, unfair dismissal, discrimination and other breaches. More from RTÉ:
https://www.rte.ie/news/business/2024/0830/1467561-worker-to-receive-22k-for-employment-rights-breaches/

Evangelical Christian teacher Enoch Burke has been jailed for the third time over his refusal to comply with a court order and stay away and not trespass at Wilson's Hospital School in Co Westmeath. Mr Burke was sent back to Mountjoy Prison by Mr Justice Michael Quinn, during Monday's vacation sitting of High Court, for breaching the terms of an injunction granted by Mr Justice Alexander Owens last year. That order was never appealed and remains in place, the judge said. Breaking News has more on this:
https://www.breakingnews.ie/ireland/enoch-burke-jailed-for-contempt-for-third-time-1667890.html

A state workplace watchdog has recommended that a hotel pay €7,000 compensation to a waiter over unpaid tips and for his unfair dismissal. In the case, Workplace Relations Commission (WRC) Adjudicator, Catherine Byrne stated the worker said that he was suspended for making a complaint over unpaid tips and his wages were stopped. Ms Byrne stated: “While he could have raised a grievance before he resigned, it seems to me that, based on how he was treated for making a complaint about the distribution of tips, his efforts to raise a grievance would have met with little success.” More from the Journal:
https://www.thejournal.ie/hotel-recommended-compensation-waiter-6477405-Sep2024/

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12. Friends of Legal Island

The Mediators' Institute of Ireland

The MII has appointed a new CEO, Sue Cogan.  Sue is a senior NGO executive with experience in strategy, leadership, quality assurance, operations, people management, and innovation and we wish her all the best in her new role.  Congratulations from Legal island!​

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13. Free Webinars This Month

Comparative Law Webinar with Lewis Silkin LLP

Thurs 19th Sept, 11am - 11.45am

With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions. Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:

1. Zero-hours contracts
2. Family rights
3. Domestic abuse

This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP. Register for free:
https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up

Thinking Differently: Legal and Practical Approaches to Neuroinclusion  

Thurs 26th Sept, 11am - 11.45am

Declan MacQuillan, Senior Associate from Arthur Cox joins Victoria Smith from Legal Island to discuss the significance of neurodiversity in the workplace and employer responsibilities, case law and best practice in supporting neurodivergent employees. Register for free:
https://attendee.gotowebinar.com/register/8788317717202410332?source=Round+Up

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