🎉 Happy Friday and welcome to the Round-Up! 🎉
Pressed for time? Dive into the top five must-reads making waves now!
1. 📚 Case Spotlight: Brian O’Neill v Total Highway Maintenance Limited
2. 🤖 AI Meets Employment Law: Navigating the challenges ahead
3. 💼 Big Award: Pregnant worker pressured to end her contract awarded €136,000
4. ⚖️ Revisit Nolan Ruling: Are 'no faults' dismissal a contractual right or are they unfair?
5. 📝 On the Blog: Tips for determining employee status
And in other news… 🗳️ Big congratulations to one of our expert employment law speakers, Ciarán Ahern on being elected to the Dáil! Such a fantastic achievement, and we’re all thrilled for him here at Legal Island. Comhghairdeas, Ciarán! 🎉Watch the celebrations at the RDS HERE!
- Case Law Review
- AI and Employment Law
- Nolan ruling puts spotlight on ‘no-fault’ dismissals
- Data Protection
- Pay
- Pregnant worker pressured to sign off on ending contract wins €136,000
- Legislation
- Just in Case You Missed It...
- HR Developments
- Employment News in the Media
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Review
Brian O’Neill v Total Highway Maintenance Limited
Reference: ADJ-00049818
Complainant: Brian O’Neill
Respondent: Total Highway Maintenance Limited
Keywords: Unfair dismissal, fair procedure, disciplinary process
Summary Sentence: Employer justified in dismissing employee BUT dismissal was procedurally unfair as employee was summarily dismissed without written notification, an opportunity to defend himself, or a right to appeal.
Practical Guidance for Employers:
Employers should:
- Follow Fair Dismissal Procedures: Ensure all dismissals are procedurally fair, including written notification of the decision, a clear explanation of the reasons, and an opportunity for the employee to respond. An appeal process must also be provided, as failure to adhere to these steps can result in findings of unfair dismissal, even when the underlying reasons for dismissal are valid.
- Maintain Clear Records: Keep detailed and up-to-date records of disciplinary actions, including prior warnings. Document the reasons, dates, and any relevant communications with the employee. This evidence will be essential to justify decisions during any disputes or hearings.
- Train Managers: Provide managers with training in employment law and disciplinary procedures to ensure they understand their obligations. Proper training minimises procedural errors, such as failing to offer an appeal or neglecting to follow up on verbal instructions.
- Consider Mitigating Circumstances: Evaluate the context of employee actions before deciding on dismissal. In this case, the Complainant’s long working hours and fatigue could have been considered as mitigating factors, potentially leading to alternative disciplinary measures instead of termination.
- Implement Clear Policies and Communicate Expectations: Ensure employees are aware of their responsibilities and the potential consequences of failing to meet them. A well-documented disciplinary policy, communicated to all staff, sets expectations and reduces misunderstandings.
- Consult HR or Legal Experts: Before making a dismissal decision, seek advice from HR or legal professionals to ensure compliance with employment law and to safeguard against claims. Proper guidance can help mitigate risks of procedural errors and financial penalties.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/december/brian-oneill-v-total-highway-maintenance-limited-2024/
Dienifer Taylor v Microchip Technology Ireland Limited
Reference: ADJ-00053037
Complainant: Dienifer Taylor
Respondent: Microchip Technology Ireland Limited
Keywords: Remote working, procedural compliance, employer policies
Summary Sentence: Complaint dismissed due to procedural non-compliance by Complainant.
Practical Guidance for Employers:
Employers are advised to:
- Adopt a Clear Written Policy: Develop a comprehensive written policy on flexible and remote working requests in line with the Work Life Balance and Miscellaneous Provisions Act 2023. Clearly outline the application process, including requirements for written and signed submissions, and identify decision-makers to ensure transparency and compliance.
- Train Managers: Ensure that line managers are trained on the legal requirements and internal processes for handling remote working and flexibility requests. This helps prevent informal dismissals of requests and ensures compliance with statutory obligations.
- Respond Appropriately to Complaints: In public forums, such as WRC hearings, avoid commenting on unrelated performance issues unless directly relevant. Focus solely on the matter at hand to maintain professionalism and avoid undermining your position.
- Communicate Policies and Rights Clearly: Regularly communicate flexible and remote working policies to employees, ensuring they understand their rights and the steps required to make valid requests under the law. This reduces misunderstandings and ensures procedural clarity.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/december/dienifer-taylor-v-microchip-technology-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
William Fry in-house event highlights importance of AI literacy
AI literacy is “no longer optional”, William Fry has stressed to in-house counsel from Ireland’s leading companies at its annual end-of-year Counsel Connect seminar. Catch up here:
https://www.irishlegal.com/articles/william-fry-in-house-event-highlights-importance-of-ai-literacy
Three steps to take with governance and culture to catalyse AI success
Skills, governance, and culture are essential to making GenAI a success. A recent IBM study found that while CEOs globally realise the need for GenAI governance, only 39% said they have good GenAI governance in place. Yet they’re driven to take risks and make significant GenAI investments, even without understanding its full value. This is because the danger of falling behind competitors and missing out on the potential gains it could bring would be worse reports Tech Radar:
https://www.techradar.com/pro/three-steps-to-take-with-governance-and-culture-to-catalyze-ai-success
Navigating the Intersection Between AI and Employment Law
AI is revolutionising the workplace, often referred to as the next Industrial Revolution. It's redefining job roles, boosting productivity, sparking creativity, and driving significant efficiencies in how businesses are managed. But with these exciting changes come new challenges, especially in the realm of employment law. Curious about how this impacts the employment law landscape? Check out this insightful article from global law firm Matheson here:
https://www.matheson.com/insights/detail/navigating-the-intersection-between-ai-and-employment-law#:~:text=If%20the%20data%20used%20to,employment%20equality%20legislation%20in%20Ireland.
How to Use GenAI to Bring HR Policies to Life
This week Barry Phillips looks at how developments in Gen AI are helping bring to life the likes of the poor old forgotten staff handbook.
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3. Are 'no faults' dismissal a contractual right or are they unfair?
The recent highly-publicised High Court decision in Philip Nolan v Science Foundation of Ireland, [2024] IEHC 368 has put the spotlight back on the concept of ‘no-fault’ dismissals, writes Lewis Silkin’s Laura Ensor. This is where an employer dismisses an employee in accordance with the terms of the employee’s contract of employment without giving a reason for the dismissal. This decision is of particular interest because, although the employee was dismissed on a no-fault basis, there were allegations of misconduct in the background, thereby raising the questions, when is a dismissal truly ‘no fault’ and at what point is an employee entitled to fair procedures? Read the full article in the Law Society Gazette here:
https://www.lawsociety.ie/gazette/top-stories/2024/december/nolan-ruling-puts-spotlight-on-no-fault-dismissals/
Triona Cody of Kane/Tuohy reviewed the legal implications of this case for employers on our Employment Law Hub:
https://www.legal-island.ie/articles/ire/features/supplementary/2024/august/unfair-dismissal-or-contractual-right-legal-implications-of-the-philip-nolan-case-for-employers/
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4. Data Protection
GDPR: EDPB clarifies rules for data sharing with third country authorities
When a European organisation receives a request for a transfer of data from a ‘third country’ (i.e. non-European countries) authority, it must comply with the General Data Protection Regulation (GDPR). In its guidelines, the EDPB zooms in on Art. 48 GDPR and clarifies how organisations can best assess under which conditions they can lawfully respond to such requests. In this way, the guidelines help organisations to make a decision on whether they can lawfully transfer personal data to third country authorities when asked to do so:
https://www.edpb.europa.eu/news/news/2024/edpb-clarifies-rules-data-sharing-third-country-authorities-and-approves-eu-data_en
Process over top-down enforcement: How to empower employees to prevent data leaks
When it comes to safeguarding data, are humans a vulnerability or an asset? Research from Zivver shows 51% of IT leaders identify employee awareness as their top security challenge, and 38% report difficulties in fully engaging employees with security practices. More from HR Director here:
https://www.thehrdirector.com/features/learning-development/process-top-enforcement-empower-employees-prevent-data-leaks/
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5. Pay
CSO data shows the difference in pay between men and women
Men earned nearly €14,000 more than women on average last year, according to the Central Statistics Office (CSO). Mean annual earnings for men were €60,816 in 2023 compared to €46,915 for women, a gender pay gap of close to 23%, unchanged from 2022. Business Plus has more on this:
https://businessplus.ie/business-insights/pay-men-and-women/
National Minimum Wage increase on 1 January 2025
The national minimum hourly rate will become €13.50 on 1 January 2025:
Category of employee Hourly rate
Aged 20 and above €13.50
Aged 19 €12.15
Aged 18 €10.80
Aged under 18 €9.45
More here:
https://www.gov.ie/en/publication/1786c-national-minimum-wage-increase-1-january/
SIPTU to consult Section 39 Organisation members on industrial action on pay claim
SIPTU is to begin a process of consultation with members in Section 39 Organisations concerning industrial action over the issue of Government inaction in relation to a longstanding pay claim in the sector. SIPTU Sector Organiser, Damian Ginley, said: “Despite several soundbites from senior people in the Government claiming that they fully support our members’ pay claim, the same leaders refuse to give a mandate to the appropriate funding Department officials to address this long-standing issue.” You can read the full story here:
https://www.siptu.ie/siptu-to-consult-section-39-organisation-members-on-industrial-action-on-pay-claim/
AIB and FSU reach agreement on new pay deal
AIB and the Financial Services Union (FSU) have reached agreement on a pay deal for 2025 that includes pay increases ranging from 4% to 7% depending on an individual's grade, with a minimum €2,000 payment. Also included is a €1,500 voucher and an extra day's paid leave for all staff. Under the deal, entry level pay would increase by 7% to €30,000. RTÉ has more on this:
https://www.rte.ie/news/business/2024/1129/1483721-aib-reaches-new-pay-deal/
Private sector unions should seek 7% pay increases next year, Ictu says
Trade unions operating in the private sector should seek wage increases of between 4 per cent and 7 per cent next year while aiming to protect hours, improve new entrants’ rates and utilise tax-free vouchers where possible, the Irish Congress of Trade Unions has told its affiliates. The Ictu’s Private Sector Committee has issued the guidance on the basis, it says, real wages have not recovered from the impact of inflation experienced during 2022 and 2023 reports the Irish Times:
https://www.irishtimes.com/business/work/2024/12/05/private-sector-unions-should-seek-7-pay-increases-next-year-ictu-says/
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6. Pregnant worker pressured to sign off on ending contract wins €136,000
A pregnant worker who said she was threatened with having her pay cut off if she did not agree to sign off on terminating her previously open-ended contract has won over €136,000 for discrimination. The WRC has ordered her former employer, eTeam Workforce Ltd, to pay her one of the largest sums awarded to a claimant before the employment tribunal in 2024 on foot of statutory complaints of unfair dismissal and pregnancy-related discrimination. RTÉ has the full story:
https://www.rte.ie/news/business/2024/1202/1484314-pregnant-worker-pressured-to-sign-off-on-ending-contract/
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7. Legislation
Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024
A majority of the provisions of The Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 come into force with effect from 3 December 2024. The Act will enhance and amend the legislative framework provided by the Companies Act 2014 in the areas of governance, administration, insolvency, enforcement and supervision. The Commencement Order provides that from 3 December 2024 the following 64 of the Act’s 90 provisions will come into effect and you can read more from the Department of Trade, Enterprise and Employment here:
https://enterprise.gov.ie/en/legislation/companies-corporate-governance-enforcement-and-regulatory-provisions-act-2024.html
The full Act is here:
https://www.irishstatutebook.ie/eli/2024/act/44/enacted/en/html
And how is this relevant to HR people? Well for one thing the Act gives companies the option to hold hybrid or fully virtual general meetings. Read the full analysis from Irish Legal News below:
https://www.irishlegal.com/articles/company-law-reforms-brought-into-effect
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8. Just in Case You Missed It...
How do I determine employee status?
Matthew McGrogan, A&L Goodbody LLP discussed the Updated Code of Practice on Determining Employment Status and the key takeaways following the key Supreme Court decision in The Revenue Commissioners -V- Karshan Midlands Ltd T/A Dominos Pizza [2023] IESC 24. Read the full article here:
https://www.legal-island.ie/articles/ire/features/q-and-a/2024/december/how-do-i-determine-employee-status/
A copy of the Code is here:
https://assets.gov.ie/309944/db2c801a-e89c-4bfe-9c1e-ed636ad8ac0d.pdf
Need to familiarise yourself with the Supreme Court's ruling in Karshan again? Read Cian Moriarty, Philip Lee's article from last year on our Hub here:
https://www.legal-island.ie/articles/ire/features/the-employment-law-cheat-sheet-by-philip-lee/2023/october/the-philip-lee-guide-tothe-revenue-commissioners--v--karshan-midlands-ltd-ta-dominos-pizza-2023-iesc-24/
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9. HR Developments
Hybrid workforce: Is your business failing its employees?
Hybrid workforces are not working as well as they can. But what is the answer and how can HR make hybrid happen? HR World has the answers here:
https://www.thehrworld.co.uk/workplace-culture/hybrid-workforce-is-your-business-failing-its-employees/
Build a workplace environment that inspires innovation and engagement
When we talk about environment, it’s not just about the physical space in which people work. Sure, open, collaborative spaces can encourage communication and idea-sharing, but the environment that shapes curiosity goes deeper. It includes how we interact with each other, the culture we establish, the feedback we receive, and the influences we’re exposed to throughout our lives. More here from Forbes:
https://www.forbes.com/sites/dianehamilton/2024/12/01/build-a-workplace-environment-that-inspires-innovation-and-engagement/?ss=chro-network
Workforce of the future: Attracting and retaining talent in a changing labour market
With labour markets getting tighter, companies need to be particularly savvy about how they manage their teams. It’s not just about filling roles; it’s about understanding and adapting to the needs of an ageing population, keeping up with rapid technological advancements and meeting the fresh expectations of a younger workforce reports Ius Laboris:
https://iuslaboris.com/insights/workforce-of-the-future-attracting-and-retaining-talent-in-a-changing-labour-market/
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10. Employment News in the Media
The Spanish Supreme Court has issued a landmark ruling with significant implications for labour and employment relations in Spain. Previously, under the Workers’ Statute, employers were not required to hold a prior hearing for employees in disciplinary dismissal cases, unless the employee was unionised or a legal representative of the employees. However, with this new ruling, from November 19, 2024, the Supreme Court has updated its position and employers are now obliged to give employees the opportunity to respond to the allegations against them before proceeding with a disciplinary dismissal (a “prior hearing”). More from Employment Law Worldview:
https://www.employmentlawworldview.com/disciplinary-dismissals-spanish-supreme-court-issues-landmark-ruling/
Emma Hughes, a social media manager who said her former boss turned hostile towards her after she told him she was pregnant has won €35,000 in compensation for maternity-related discrimination. Ms Hughes alleged that the owner of the at Brazilian Coffee House Limited business, Martin McCaffrey, "acted completely unreasonably" when he found out she was pregnant in August 2022 and subjected her to "hostility" and "unreasonable criticism", as well as pressuring her to keep working while on maternity leave. More here from RTÉ:
https://www.rte.ie/news/business/2024/1203/1484519-social-media-manager-wins-35k-over-hostility-from-boss/
The WRC cancelled two days of planned hearings in a whistleblower penalisation claim after the claimant's lawyers told the tribunal that they had learned their legal filings were lost in the tribunal's spam folder for nearly a week. Adjudicator Patsy Doyle discovered the submissions "appeared to have been sent by the complainant" however, she said they were "not admissible due to the cybersecurity measures by the Department" and were "never received by the WRC" reports RTÉ:
https://www.rte.ie/news/business/2024/1203/1484448-legal-filings-in-whistleblower-case-lost-in-spam-folder/
Defence giant BAE Systems is planning to recruit more than 2,400 new apprentices and graduates in 2025, boosting the number of people in training to 15% of its UK workforce. The company will be training a record 6,500 young people next year, with its investment in education and skills expected to reach £1 billion since the start of the decade, spent mainly on UK apprentices, graduates and experienced employees, as well as education outreach. The Irish News has more on this story:
https://www.irishnews.com/news/uk/bae-systems-to-recruit-more-than-2400-apprentices-and-graduates-in-2025-ID6MKPVAVFNUZFIRC4KWMLU7L4/
A tribunal has made a reduced award of €10,000 for unfair dismissal to a builder whose work van racked up over 1,000 miles in "unexplained" driving after his boss discovered a vehicle tracker on the dashboard was being disconnected - and had a second one covertly installed. The Workplace Relations Commission (WRC) has upheld a complaint under the Unfair Dismissals Act 1977 against specialist construction firm Protum Services by Barry Naughton, but cut the award to take account of his "very significant contribution" to his own sacking by "interfering" with the first tracker reports RTÉ:
https://www.rte.ie/news/business/2024/1129/1483755-builder-whose-boss-put-tracking-device-on-van-wins-10k/
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11. Friends of Legal Island
Exciting News in the Legal World!
Two of Ireland's leading law firms, ByrneWallace LLP and LK Shields Solicitors LLP, are merging to form Byrne Wallace Shields, according to Business Plus.
This groundbreaking deal is one of the largest in Irish legal history and will create a powerhouse firm with over 430 employees, including 220 solicitors. The merger takes effect on 1 January, marking a significant moment for the sector. Best wishes to everyone at Byrne Wallace Shields from all of us at Legal Island! 🎉Read more about this exciting development:
https://businessplus.ie/ma/byrne-wallace-shields-merge/
Ciarán Ahern elected to Dáil
Big congratulations to Ciarán Ahern on being elected to the Dáil! Such a fantastic achievement, and we’re all thrilled for him here at Legal Island. Comhghairdeas, Ciarán! 🎉Watch the celebrations at the RDS here:
https://www.independent.ie/irish-news/elections-2024/people-before-profits-paul-murphy-and-labours-ciaran-ahern-elected-to-the-34th-dail/a257453924.html
CIPD Ireland HR Awards Finalists
Here is the list of this year’s finalists and there are a number of friends who have been recognised for their achievements – congratulations from Legal Island! 👏 You can access the full list here:
https://cipdirelandhras.awardsandconferences.com/finalists
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12. Free Webinars This Month
Kickstart 2025 with Confidence: HR Trends and Recruitment Strategies with MCS Group
22 January, 12 noon to 12:45
Calling all HR professionals! Looking for fresh insights to lead your recruitment strategy in 2025? Join us for a FREE 45-minute lunch-and-learn webinar on 22 January 2025, hosted by Legal Island in partnership with MCS Group. Recruitment experts Ryan and Rebekah from MCS Group, will be bringing together the top trends, tools, and takeaways to help you stand out in the competitive world of talent acquisition. You can sign up here:
https://attendee.gotowebinar.com/register/393202294472814432?source=WR+ROI
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!
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