This week's top 5:

1. Annual Review Session of the Week: Compliance in the new world of AI: An introduction to the upcoming AI Act
2. CSO: Figures show men are still higher earners
3. Senior managers more likely to report unhealthy relationships with substances than those in junior roles
4. 79% of US CEOs predict back in office full time within three years. Will companies in Ireland follow the trend?
5. Preventing cyber theft of trade secrets in SMEs: A comprehensive toolkit

And in other news………….our Annual Review is nearly here! Join us for our event that has the wisdom of a year's worth of Friday Round Ups – Don’t miss out on the insider tips, a few laughs, and all the answers you've been waiting for. If you're going, see you on Tuesday! If you're not (yet!), find out more HERE

CONTENTS

1. Annual Review Session of the Week: Compliance in the new world of AI: An introduction to the upcoming AI Act
2. Case Law Review
3. AI and Employment Law
4. Return to office
5. One in five workers struggle with illegal substance use, finds new survey
6. Cybersecurity
7. ESG - greenwashing, offices and Ireland's peatlands
8. Latest Employment Statistics
9. Just in Case You Missed It...
10. HR Developments
11. Health & Safety Developments
12. Employment News in the Media
13. Free Webinars This Month

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1. Annual Review Session of the Week: Compliance in the new world of AI: An introduction to the upcoming AI Act ⚓︎

The upcoming AI Act is set to be a landmark regulation in the EU, with significant implications for employers. Join Linda Hynes, Partner at Lewis Silken, as she introduces the key aspects of this regulation. Learn about the categorization of AI systems, compliance requirements for high-risk AI, and the governance framework. This session is essential for any organization looking to leverage AI responsibly while ensuring full compliance with the upcoming regulations.

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

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2. Case Law Review ⚓︎

Laura O’ Regan v Killarney Advertiser Limited t/a Killarney Advertiser 

Reference: ADJ-00027676 

The full case review can be found here: 
https://www.legal-island.ie/articles/ire/case-law/2024/october/anna-sheridan-v-kildare-community-kare-ltd--martin-flinter--maureen-roche-flinter-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 ⚓︎

Chef used ChatGPT to prepare complaint, WRC hears

A chef who has been accused of witness "collusion" to advance a sexual harassment claim against a colleague alleged to have thrust into him "as if he was riding a horse" has told a tribunal he used ChatGPT to prepare his complaint. Serhat Aksakal was being cross-examined at the Workplace Relations Commission on a statutory complaint he has made under the Employment Equality Act 1998 against the firm. Kivaway Ltd, the operator of the venue, sacked a worker in August on foot of Mr Aksakal's complaint - but Mr Aksakal and the colleague with whom he has been accused of collusion are still in their jobs, the tribunal heard. RTÉ has more on this story:
https://www.rte.ie/news/business/2024/1106/1479435-chef-used-chatgpt-to-prepare-complaint-wrc-hears/

Refreshed National AI Strategy: “Huge opportunity for Ireland to harness AI for our greater good”

The Government has launched a refresh of the National AI Strategy which takes account of the significant developments in AI technology and regulation since the original Strategy was published in 2021. Firstly, the launch of ChatGPT in late 2022 precipitated a massive acceleration in the AI technologies that are available to consumers and businesses. Secondly, the EU AI Act has now entered into force over the summer, so the parameters of the regulation of the use of AI in the EU are now clear. You can read the full press release here:
https://www.gov.ie/en/press-release/42315-refreshed-national-ai-strategy-huge-opportunity-for-ireland-to-harness-ai-for-our-greater-good/

Key milestone in the implementation of the EU regulation on AI

Nine national public authorities responsible for protecting fundamental rights under the EU Artificial Intelligence (AI) Act will get additional powers under the AI Act to facilitate them in carrying out their current responsibilities for protecting fundamental rights in circumstances where use of AI poses a high risk to those rights. This action fulfils Ireland’s first obligation for the national implementation of the AI Act. The list of authorities is as follows:

• An Coimisiún Toghcháin
• Coimisiún na Meán
• Data Protection Commission
• Environmental Protection Agency
• Financial Services & Pensions Ombudsman
• Irish Human Rights & Equality Commission
• Ombudsman
• Ombudsman for Children
• Ombudsman for the Defence Forces

You can find out more here:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/october/31102024.html

Why AI Is Not a Magic Wand for the Workplace (Yet)

This week in our weekly review of AI developments for HR we comment on the importance of starting in the right place with your first AI initiative. Listen here:

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/nov/why-ai-is-not-a-magic-wand-for-the-workplace-yet/

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4. Return to office ⚓︎

Tensions on the rise over the return to the office

The sudden onset and fast pace of change was always going to lead to conflicting perspectives on remote work, and now, tensions are emerging between office advocates and those who favour remote working. A recent KPMG survey showed 79% of corporate CEOs in the US predicted that corporate roles performed in the office before the pandemic will be back in office full time within the next three years - that's a massive jump from only 34% a few months ago. Will companies in Ireland follow the trend? RTÉ looks at this issue:
https://www.rte.ie/news/business/2024/1103/1478659-rising-tensions-over-the-return-to-the-office/

Office market showing signs of a bounce-back – but not enough to absorb all the new buildings

The battered Dublin office market is showing signs of a rebound with a rise in new letting for prime properties, but activity is not fast enough to absorb the amount of new builds being completed. A new report by BNP Paribas Real Estate Ireland (BNPPRE) shows the uptake of office space in the three months to the end of September rose by 66pc to 48,000 per square metre, consolidating an uptick seen in the previous quarter. More from the Irish Independent:
https://www.independent.ie/business/office-market-showing-signs-of-a-bounce-back-but-not-enough-to-absorb-all-the-new-buildings/a1466973751.html

Amazon CEO denies full in-office mandate is 'backdoor layoff'

Amazon CEO Andy Jassy said at an all-hands meeting on Tuesday that the plan to require employees to be in-office five days per week is not meant to force attrition or satisfy city leaders, as many employees have suggested. The controversial plan mandating workers come to Amazon offices every day starting next year, up from three days now, has caused consternation among employees who say it is stricter than other tech companies and will hinder efficiency because of commuting times. Workers who are consistently not in compliance have been told they will be "voluntarily resigning" and locked out of company computers. More from Yahoo Finance:
https://uk.finance.yahoo.com/news/amazon-ceo-denies-full-office-202200567.html

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5. One in five workers struggle with illegal substance use, finds new survey ⚓︎

The latest Laya healthcare Workplace Wellbeing Index shows that 16pc of employees are addicted to or have an unhealthy relationship with Class A or illicit drugs. Overall, two in five Irish workers report addiction to or an unhealthy relationship with at least one substance, nicotine (29pc) and alcohol (21pc) being the most prevalent. The data shows that men, those aged 24 and under, and those with a disability or health condition are more likely to struggle with addiction. And senior managers are also more likely to report unhealthy relationships with substances compared to those in more junior roles. More from the Irish Independent:
https://www.independent.ie/irish-news/one-in-five-workers-struggle-with-illegal-substance-use-finds-new-survey/a550808420.html

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6. Cybersecurity ⚓︎

Latest Cybersecurity Annual Report published

The Department of the Environment, Climate and Communications and National Cyber Security Centre published the latest annual report.  Findings include:

• 5,276 reports were received in 2023
• 721 were confirmed as cyber security incidents which required responses.
• 309 investigations were conducted in support of victim organisations

The most commonly observed cyber incidents were those carried out by criminal groups seeking financial gain. The main attack vectors used by these groups were phishing attacks and malware distribution, usually via email.

You can download the full report here:
https://www.gov.ie/en/publication/a7188-national-cyber-security-annual-update-2023/

Preventing cyber theft of trade secrets in SMEs: A comprehensive toolkit

Protecting trade secrets is critical for small and medium-sized enterprises (SMEs) across all sectors.  The European Commission’s cyber-theft prevention toolkit is designed to empower SMEs with the resources they need to safeguard valuable trade secrets, with a particular emphasis on high-risk sectors such as energy, biotechnology, transport, defence, and semiconductors. Whether you’re an IT professional, manager, or team member involved in handling sensitive information, this toolkit is your ultimate guide to strengthening your organisation's defences against cyber theft of trade secrets:
https://single-market-economy.ec.europa.eu/industry/strategy/intellectual-property/enforcement-intellectual-property-rights/preventing-cyber-theft-trade-secrets-smes-comprehensive-toolkit_en

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7. ESG ⚓︎

Fear of ‘greenwashing’ accusations on the rise among Irish businesses

More than a third of Irish businesses are now worried that their sustainability policies and pledges could lead to accusations of “greenwashing” if they are not communicated correctly, according to a study by professional services firm EY. EY’s survey of 200 “sustainability decision-makers” across the public and private sector found that 35 per cent say fear of the greenwashing tag influences their communications strategies. EY said this was a “significant” increase on the 13 per cent who indicated in a similar survey in 2022 that they were concerned about greenwashing, the practice of giving a false or misleading impression about environmental credentials or targets of a company or agency for marketing purposes. More from the Irish Times:
https://www.irishtimes.com/business/2024/11/04/fear-of-greenwashing-accusations-on-the-rise-among-irish-businesses/

Sustainability reporting in Europe – understanding what’s required

The Corporate Sustainability Reporting Directive (CSRD) requires certain large companies to draft an annual sustainability report covering information on environmental, social and governance (ESG) – and the rules are coming on stream in four stages between 2024 and 2028. Ius Laboris sets out the 17 Standards that make up ESRS S1, along with links to the disclosure requirements (DR) and the application requirements (AR) for areas including engaging with workers, diversity, adequate wages, social protection and more:
https://iuslaboris.com/insights/csrd/

New standard backed by Amazon’s climate fund may help restore peatlands

A new voluntary certification aiming to help restore Ireland’s peatlands and boost climate resilience by allowing farmers and landowners to demonstrate the environmental benefit of their activities has been launched for public consultation. Restoration of 700,000 hectares of degraded peatlands could help to avoid up to 2 million tonnes of carbon emissions per year, according to estimates. The peatland standard developed by the not-for-profit Peatland Finance Ireland (PFI) is expected to help landowners attract funding to accelerate peatland revival. More here from the Irish Times:
https://www.irishtimes.com/business/innovation/2024/11/05/new-standard-backed-by-amazons-climate-fund-may-help-restore-peatlands/

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8. Latest Employment Statistics ⚓︎

Employment Permit Statistics 2024

The list details companies issued with permits from the beginning of the year up until the last day of the previous month:

• Health & Social Work Activities – 10, 645
• Information & Communication Activities – 5, 639
• Agriculture, Forestry & Fishing – 3,291

You can access the full reports here:
https://www.gov.ie/en/publication/01834-employment-permit-statistics-2024/

CSO: 2023 Figures show men are still higher earners

In 2023, gender representation across total employments was relatively equal; 50.9% of total employments were represented by males while 49.1% were represented by females. There was greater disparity in gender representation among high earners. Among employments with earnings in the top 25%, males accounted for 61.5% while females accounted for 38.5%. Among employments with earnings in the top 1%, males represented 73.6%, while the corresponding figure for females was 26.4%. The proportion of females in the top 1% of earners in 2023 was 26.4%, representing an increase of 6.9 percentage points in the decade since 2013 (19.5%). More here:
https://www.cso.ie/en/releasesandpublications/ep/p-dea/distributionofearningsbygenderandcounty2023/resultsandanalysis/#:~:text=Among%20employments%20with%20earnings%20in,%25%20(See%20Figure%202.1).

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9. Just in Case You Missed It... ⚓︎

Balancing Impact and Intent: Managing Workplace Behaviour During the Festive Season

Communication is at the core of our daily interactions. However, in the workplace, there should be a critical distinction between the impact of our actions and the intent behind them. While intent refers to the motivation or reasoning behind an individual’s behaviour, impact is the actual effect it has on others. Regardless of the intention, the impact can sometimes be far-reaching and unforeseen. As organisations navigate this dynamic, particularly with the festive season approaching, it is important to understand and manage both aspects carefully. More from Zara Mirza of AAB People:
https://www.legal-island.ie/articles/ire/features/hr/2024/november/balancing-impact-and-intent-managing-workplace-behaviour-during-the-festive-season/

Classification of workers – How Do I Handle It?

Our business has a mix of employees and self-employed contractors – I understand that the law may have changed recently, leading to a higher risk of contractors being deemed to be employees. How do I handle it? Michelle Ryan of Ronan Daly Jermyn has the answers:
https://www.legal-island.ie/articles/ire/features/how-do-i-handle-it/2024/october/classification-of-workers--how-do-i-handle-it/

Providing Employee References: Essential Considerations and Legal Implications for Employers

The issue of employees providing references without authority has received a lot of media coverage in recent weeks. In this article, Triona Cody of KANE / TUOHY explores some of the commonly asked questions in relation to providing references.
https://www.legal-island.ie/articles/ire/features/supplementary/2024/october/providing-employee-references-essential-considerations-and-legal-implications-for-employers/

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10. HR Developments ⚓︎

How to re-energize unmotivated employees: strategies to combat burnout

Traditional motivation methods aren’t enough to reignite enthusiasm in a burned-out workforce. HR professionals need innovative strategies that go beyond the usual incentives. One of the most underused tools? Fostering a culture of curiosity. This article from Forbes outlines how:
https://www.forbes.com/sites/dianehamilton/2024/11/02/how-to-re-energize-unmotivated-employees-strategies-to-combat-burnout/?ss=chro-network

From intern to CEO: does it pay to be a company lifer?

Company lifers can bring substantial advantages to a business, says Claudius Hildebrand, co-author of The Life Cycle of a CEO and consultant at Spencer Stuart, an executive search firm. “They foster continuity and enhance morale as employees see clear pathways for their progression, which cultivates loyalty.” They have established relationships with shareholders, financiers and customers. The risk, however, is that executives who have spent their whole career in one company may have tunnel vision and stifle innovation due to a lack of exposure to outside ideas and influences. More from the Irish Times:
https://www.irishtimes.com/business/work/2024/10/31/from-intern-to-ceo-does-it-pay-to-be-a-company-lifer/

Leading with style: Do you know yours?

Whether you are a natural-born leader or acquired the skill over time, your choice of the appropriate leadership style is crucial for success. Silicon Republic asks which leadership styles might suit you and which will have the greatest impact on your organisation?
https://www.siliconrepublic.com/advice/leading-with-style-do-you-know-yours-skills-transformation-employee-employer

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11. Health and Safety Developments ⚓︎

Respect Transport Workers present Travel Safe proposals

SIPTU recently published its report Travel Safe. In early 2024, the SIPTU Transport Sector undertook a major survey of its members concerning security issues on the network. The results were both stark and disturbing and highlighted the extent and worsening situation concerning workers’ rights to a safe working environment and challenging the need to increase travel by public transport for environmental reasons. You can read more on the proposals here:
https://www.siptu.ie/wp-content/uploads/2024/10/SIPTUTravelSafe.pdf

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12. Employment News in the Media ⚓︎

Trade unionist Brendan Ogle is appealing the Workplace Relations Commission's rejection of his claim that he was discriminated against at work as a cancer survivor by Unite. Mr Ogle has confirmed that he filed notice of appeal this morning. He called the WRC's decision on his case "not consistent with evidence submitted and is not good law". More:
https://www.rte.ie/news/business/2024/1107/1479641-ogle-appeals-wrc-ruling-on-discrimination-claim/

Brian Meagher, a prison officer who went AWOL to fight in the Ukrainian Foreign Legion was sacked after a senior official saw him give a TV interview from his hospital bed when he was severely wounded in action. He has lodged a complaint under the Unfair Dismissals Act 1977 against the Irish Prison Service after being dismissed the following spring on the basis that he had absented himself without permission and broke the terms of his employment. More from MSN:
https://www.msn.com/en-ie/news/world/mountjoy-boss-only-found-out-awol-prison-guard-was-fighting-in-ukraine-when-he-turned-up-seriously-injured-on-tv/ar-AA1tCNVR

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher, who resigned in June 2022, was not disclosed but was around £100,000, according to BBC News NI. In a statement, CCEA said the case was settled without admission of liability. More from Irish Legal News:
https://www.irishlegal.com/articles/northern-ireland-exam-board-boss-wins-ps100000-settlement

Securitas Group has been ordered to pay security officer Lukasz Nowak €2,500 in compensation and give him back three days' holidays for refusing him force majeure leave while his wife was left incapacitated from emergency surgery for complications during childbirth. The tribunal sided with Mr Nowak, who had said his wife needed him after suffering "extreme trauma". The company took the stance that the situation was not "urgent" enough to meet the statutory definition of force majeure leave. RTÉ has more on this:
https://www.rte.ie/news/business/2024/1104/1479016-securitas-to-pay-worker-2-500-for-refusing-force-majeure/

A search has started to fill the seven vacant roles at the newly established Gambling Regulatory Authority of Ireland (GRAI). The seven roles include the chairperson of the regulator and six ordinary members, with applications being accepted until 15 November. The GRAI was established when President Michael Higgins signed the landmark Gambling Regulation Bill into law on 23 October. The new regulatory body will be responsible for licensing and regulating both online and land-based gambling in Ireland, as well as regulating gambling advertising. More here from Gaming Intelligence:
https://www.gamingintelligence.com/legal/licensing/204967-irish-government-launches-recruitment-drive-to-staff-new-gambling-regulator/

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13. Free Webinars This Month ⚓︎

In HR and Feeling Like You’ve Missed the AI Revolution? Get up to Speed in Just 30 Minutes!

Tues 19th November, 11am - 11.30am

In thirty minutes, Barry Phillips, CEO of Legal Island and host of the UK’s first podcast on AI specially for HR, will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.

Register: 
https://attendee.gotowebinar.com/register/4564088602525516377?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