This week's top 5:

1. Collective Redundancies Update - who needs to be notified and when?
2. FAI apologises to female former players who have spoken out
3. Radical reform of unemployed workers payment
4. IALPA to suspend action at Aer Lingus and recommend acceptance of pay deal
5. €13,000 award to mental health worker, WRC rules

And in other news………….Barry Phillips considers whether there really are any viable alternatives to ChatGPT and if so, how we choose the best one. Listen here.

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. New Legislation
4. FAI apologises to female former players who have spoken out
5. IALPA to suspend action at Aer Lingus and recommend acceptance of pay deal
6. Passengers face more uncertainty as Aer Lingus pilots’ pay deal stalls
7. Strike action to resume at National Advocacy Service
8. Summer work is a great opportunity for teens – here’s what you need to know
9. Ireland’s productivity challenge
10. Sustainability reporting requirements
11. Just in Case You Missed It...
12. HR Developments
13. Employment News in the Media
14. Free Webinars This Month

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1. Case Law Review

 Barry Halpin v Iarnrod Eireann/Irish Rail

 Reference: ADJ-00048939

Applicant: Barry Halpin

Respondent: Iarnrod Eireann/Irish Rail

Keywords: Unfair Dismissal, Minimum Notice, Payment of Wages, Internal Appeals Tribunal

Summary Sentence: Adjudication Officer held Respondent to balance safety, fairness, and legal obligations in disciplinary actions.

Practical Guidance for Employers: Employers should ensure that dismissal procedures adhere to natural justice and fair procedures, even in cases involving serious safety concerns. When an employee is implicated in illegal activities, such as possession of drugs, employers must balance safety obligations with fair treatment. Comprehensive internal investigations and adherence to disciplinary processes are crucial.

The full case review can be found here: 
https://www.legal-island.ie/articles/ire/case-law/2024/july/barry-halpin-v-iarnrod-eireannirish-rail/

Waleed Maza v Absolute Hotel Limerick Limited

Reference: ADJ-00045512

Applicant: Waleed Maza

Respondent: Absolute Hotel Limerick Limited

Keywords: Religious Discrimination, Unfair Dismissal

Summary Sentence: Adjudication Officer concluded no discrimination occurred.

Practical Guidance for Employers: Employers should ensure clear communication and thorough documentation throughout the hiring and employment process to avoid misunderstandings.

The full case review can be found here: 
https://www.legal-island.ie/articles/ire/case-law/2024/july/waleed-maza-v-absolute-hotel-limerick-limited/

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

Ethical AI: balancing innovation and compliance with legal standards

AI has vast potential, but its ethical challenges are considerable, too. Law firms like Charles Russell Speechlys have recently learned to balance AI law ethics and HR Director tells us how: 
https://www.thehrdirector.com/business-news/ai/ethical-ai-balancing-innovation-compliance-legal-standards/

Employers! What are the alternatives to ChatGPT?

Barry Phillips considers whether there really are any viable alternatives to ChatGPT and if so, how we choose the best one.

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/july-2024/employers-what-are-the-alternatives-to-chatgpt/

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3. New Legislation

SI No 324 of 2024 Protection of Employment Act 1977 (Notification of Proposed Collective Redundancies) Regulations 2024

With effect from 1 July 2024, these Regulations prescribe the particulars to be specified by an employer or responsible person in a notification under Section 12 of the Protection of Employment Act 1977, namely when employers must notify authorities about proposed collective redundancies: 
https://enterprise.gov.ie/en/legislation/si-no-324-of-2024.html

Social Welfare (Miscellaneous Provisions) Bill 2024

The Social Welfare (Miscellaneous Provisions) Bill 2024 has been passed by both Houses of the Oireachtas and will now be presented to the President for signing. The Bill provides for a new Pay-Related Benefit system in Ireland which will ensure that people with a strong work history receive enhanced benefits if they lose their employment:
https://www.gov.ie/en/press-release/1806c-landmark-legislation-to-introduce-pay-related-benefit-in-ireland-passed-by-the-oireachtas/

The Bill is here:
https://www.oireachtas.ie/en/bills/bill/2024/36/

Unions welcome radical reform of unemployment insurance

Irish Congress of Trade Unions general secretary Owen Reidy said: "Ireland is one of only four EU27 members states, along with Greece, Malta and Poland, to pay the same flat-rate payment to unemployed workers (€232 a week), despite workers paying pay-related social insurance (PRSI) contributions when in employment. Under the new Pay-Related Jobseeker’s Benefit, workers with a strong attachment to the labour market and long record of paying PRSI contributions will receive 60% of their previous gross weekly wage up to a maximum €450 a week, almost double the current rate.” You can read the full ICTU statement here: 
https://www.ictu.ie/news/unions-welcome-radical-reform-unemployment-insurance

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4. FAI apologises to female former players who have spoken out

The Football Association of Ireland (FAI) has apologised to female former international players, and trainees on a FAS soccer training course, who experienced alleged unwanted or inappropriate sexual advances from FAI coaches in the 1990s. "We are sorry for what you had to endure, we're sorry that anyone could have ever felt unsafe," Interim CEO David Courell said at a press conference at FAI headquarters. He said he was speaking to directly address issues and individuals featured in a major joint investigation from RTÉ Investigates and the Sunday Independent:
https://www.rte.ie/news/investigations-unit/2024/0708/1458791-fai-apologises-to-female-former-players-who-have-spoken-out/

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5. IALPA to suspend action at Aer Lingus and recommend acceptance of pay deal

The Irish Airline Pilots Association (IALPA) has recommended acceptance of Labour Court proposals aimed at resolving its pay dispute with Aer Lingus. IALPA is to suspend its work-to-rule at the airline while it awaits the outcome of a ballot of pilots. The Labour Court recommendation includes a 17.75% pay increase for pilots over a four-year period. RTÉ has more here:
https://www.rte.ie/news/business/2024/0710/1459068-ialpa-aer-lingus/

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6. Strike action to resume at National Advocacy Service

 SIPTU members employed at the National Advocacy Service (NAS) will resume strike action as part of a pay dispute. NAS provides assistance to more than 1,500 disabled people each year with in-person advocacy interventions in areas including housing, access to justice, health care, safeguarding and supporting in decision making reports RTÉ:
https://www.rte.ie/news/2024/0708/1458717-national-advocacy-service-strike/

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7. Summer work is a great opportunity for teens – here’s what you need to know

It’s not as simple as asking your local pub or shop if they can throw a few bob at you in return for clearing tables or stacking shelves. As with all employment, students have rights and employers have duties and responsibilities. So, what do you need to know, and if you’re a parent, how can you best prepare your child for the world of work? The Irish Independent provides guidance:
https://www.independent.ie/business/personal-finance/summer-work-is-a-great-opportunity-for-teens-heres-what-you-need-to-know-about-your-rights/a498044545.html

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8. Ireland’s productivity challenge

Ireland’s productivity is impressive, buoyed by the presence of multinational firms; however, there is another story about Ireland’s productivity that is less well known. In certain areas of our domestic economy there are worrying signs of significant economic underperformance. In a study jointly published by the Nevin Economic Research Institute and SIPTU shows that when looking specifically at Ireland’s domestic economy, we fall significantly behind our European peers. More from SIPTU:
https://www.siptu.ie/irelands-productivity-challenge/

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9. Sustainability reporting requirements

Accountants laud new corporate sustanability reporting requirements

The Association of Chartered Certified Accountants (ACCA) has welcomed the signing of the Corporate Sustainability Reporting Directive (CSRD) into law, which it says is the most 'significant development in the accounting profession in 30 years'. Companies will be required to report on a double materiality basis, meaning firms will have to report both on challenges they face from a changing climate and ESG matters while also disclosing its own impact on the climate and society. More from Business Plus: 
https://businessplus.ie/industry-type/sustainability/acca-sustainability-reporting/

Corporate Sustainability Reporting Regulations

The regulations came into effect on 6 July 2024 and commence for financial years on or after: 

• 1 January 2024 for public interest entities in scope of EU non-financial reporting rules (greater than 500 employees)
• 1 January 2025 for other larger companies and public interest entities (greater than 250 employees)
• 1 January 2026 for listed SMEs, with an ‘opt out’ possible until 2028

More here:
https://enterprise.gov.ie/en/what-we-do/the-business-environment/corporate-sustainability-reporting/

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10. Just in Case You Missed It...

 Work Life Balance and Employee Wellbeing

 Caroline Reidy of The HR Suite outlines how proactive measures can lead to a happier, healthier, and more productive workplace for all. Read the article here: 
https://www.legal-island.ie/articles/ire/features/hr/2024/july/work-life-balance-and-employee-wellbeing/

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11. HR Developments

Overwhelmed by notifications? Here's how to tackle digital overload

The relentless chime of emails and notifications is costing you more than you think. The average worker checks their email every 37 minutes, disrupting their workflow and taking significant time to refocus but HRD Connect looks at strategies to avoid digital overload: 
https://www.hrdconnect.com/2024/07/08/overwhelmed-by-notifications-heres-how-to-tackle-digital-overload/

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12. Employment News in the Media

 A senior executive at a FTSE 250 engineering firm has been awarded £3.2 million after winning his direct age discrimination claim. The London Central employment tribunal heard how Glenn Cowie had received a 45-minute lecture describing how he was an “old fossil” and he “didn’t know how to deal with millennials”. More from Personnel Today:
https://www.personneltoday.com/hr/executive-called-old-fossil-awarded-3-2m-in-ageism-case/

A mental health worker, who was described as a "mad f***er" by a charity secretary in an unsent email, has been awarded €13,000 by the Workplace Relations Commission on grounds of discrimination regarding access to employment. However, the secretary of the charity, who wrote the draft email, submitted to the WRC that this term was used "affectionately" and referred to the commitment being shown by the complainant in setting up a health project reports RTÉ:
https://www.rte.ie/news/business/2024/0708/1458862-charity-to-pay-mental-health-worker-13-000-wrc-rules/

 A soldier who walked free from court last month despite being found guilty of beating a woman unconscious in a "vicious" street attack has been discharged from the Defence Forces. Private Cathal Crotty, who beat Natasha O’Brien unconscious, is leaving the Defence Forces on Thursday. He beat Ms O’Brien unconscious in a random street attack on May 29, 2022, and boasted about it afterwards on social media. Despite his actions, he walked free from court after now-retired Judge Tom O’Donnell gave him a fully suspended sentence. More from the Irish Examiner: 
https://www.irishexaminer.com/news/arid-41432422.html

A local doctor is facing a €40,000 severance payment to a receptionist who said she got no response from him when he closed down the family surgery, where she had spent nearly 50 years working. It follows a ruling by the Workplace Relations Commission (WRC) upholding a complaint under the Redundancy Payments Act 1967 by the worker, Margaret Dunne, against general practitioner Dr Declan Scanlon, who had a medical practice in Tullamore, Co Offaly reports RTÉ:
https://www.rte.ie/news/business/2024/0710/1459190-local-doctor-to-pay-receptionist-40-000-wrc-rules/

Mediation is becoming increasing widespread as a means of resolving complaints by consumers about legal practitioners, according to the Legal Services Regulatory Authority (LSRA). The regulator’s 2023 annual report shows that it received a total of 1,290 complaints and closed a total of 1,432 complaints in 2023, the fourth full year that is has operated as the independent complaints handling body for solicitors and barristers. A total of 256 complaints were informally resolved during the year with the assistance of the LSRA’s complaints staff and trained mediators reports Irish Legal News:
https://www.irishlegal.com/articles/more-complaints-about-lawyers-being-resolved-through-mediation

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13. Free Webinars This Month

Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody

If you missed our previous webinar, never worry!

We are delighted to announce that the Annual Review of Employment Law is set to return in-person at Aviva Stadium, Dublin and online once again this year – make sure to mark the on 12th November 2024 in your diary! In the meantime, Duncan Inverarity of A&L Goodbody and Legal Island’s Victoria Smith gave a sneak preview of the issues you need to be aware of to future-proof your organisation. Duncan provided his expert insights on what legal issues employers will need to deal with in 2024/25.You can listen to the recording here: 
https://www.legal-island.ie/articles/ire/resources/webinars/june/horizon-scanning-with-duncan-inverarity-partner-al-goodbody-llp/

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

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