Turns out, two of Alexa’s most-asked questions in 2024 were: 🏃‍♂️ "How tall is Tom Cruise?" AND 🌭 "How long do you cook a sausage?" Clearly, we’re all tackling life’s biggest mysteries! (It’s 5’7” and about 15 mins, if you’re wondering). Stay tuned for this week’s Round-up—you never know what burning questions we’ll answer next! 😉🔥

Short on time? No worries! We've rounded up the top five must-reads just for you:

1. 🚀 Gen AI Could Boost Ireland's GDP by €148bn by 2038! A new report shows the tech boom isn’t slowing down anytime soon. Big things ahead for Ireland's economy!
2. 💰 Bonus Time? Most Irish workers are crossing their fingers for a festive pay boost this year. Are you feeling optimistic about yours?
3. 🎄 Work Christmas Party Survival Guide: ‘Tis the season to celebrate—but maybe keep it classy at the office bash. Nobody wants to be next year’s cautionary tale!
4. 🤔 Lessons from the Gregg Wallace Controversy: What can this headline-grabbing saga teach us about reputation and resilience?
5. 📅 Webinar Alert! "Kickstart 2025 with Confidence: HR Trends & Recruitment Strategies" Join MCS Group for expert tips on hiring and thriving in the year ahead!

And in other news………….apparently three quarters of Irish employers are planning to recruit in 2025.............

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Majority of Irish workers expect a bonus this year
4. Recruitment
5. Employment Permits
6. Christmas and the Workplace
7. Report shows major pay gap between Health Care Assistants in public and private employment
8. Data Protection
9. Enoch Burke tells appeal teachers are 'afraid to exercise their right to expression'
10. Just in Case You Missed It...
11. HR Developments
12. Health & Safety Developments
13. Employment News in the Media
14. Free Webinars This Month

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1. Case Law Review

Barry Naughton v Protum Services [2024]

Reference: ADJ-00050150

Complainant: Barry  Naughton

Respondent: Protum Services

Keywords: Unfair Dismissal, Lack of Procedures

Summary Sentence: Procedural failings rendered dismissal unfair despite misconduct.

Practical Guidance for Employers: 

Employers should:

• Adhere to Natural Justice Principles: Ensure employees are fully briefed on allegations against them, provided with an opportunity to respond, and informed of the evidence before disciplinary decisions are made.
• Separate Investigation and Disciplinary Roles: Assign different individuals to conduct the investigation and oversee disciplinary hearings to maintain objectivity and avoid conflicts of interest.
• Provide an Independent Appeal Process: Offer employees the right to appeal decisions to an independent party, ensuring a fair and transparent resolution process.
• Consistent Application of Company Policies: Clearly communicate and enforce policies uniformly. Avoid creating ambiguities by permitting exceptions to rules, as these can undermine trust and weaken your position in disputes.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/december/barry-naughton-v-protum-services-2024/

Emma Hughes v Brazilian Coffee House Limited [2024]

Reference: ADJ-00046320

Complainant: Emma Hughes

Respondent: Brazilian Coffee House Limited

Keywords: Equality Acts 1998- 2021; Maternity

Summary Sentence: Employer discriminated against pregnant employee

Practical Guidance for Employers: 

Employers must ensure compliance with equality and maternity protection laws to prevent discriminatory treatment related to pregnancy or maternity leave. Policies should explicitly prohibit adverse treatment, including undue demands during protected leave, exclusion from workplace activities, or unwarranted criticism. Complaints must be addressed promptly through fair and transparent grievance procedures, with clear communication and impartial investigation. Employees should feel supported during and after maternity leave, with equitable treatment in pay and work conditions. Failure to uphold these standards can result in legal liabilities, financial penalties, and reputational damage, emphasising the importance of fostering an inclusive, respectful workplace environment.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/december/emma-hughes-v-brazilian-coffee-house-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

Gen AI could add €148bn to Ireland's GDP by 2038 – report

Generative artificial intelligence (Gen AI) could add up to €148 billion to Ireland's annual GDP by 2038, according to a new report from Accenture. The research found that the technology could also deliver major productivity uplifts across the private and public sectors. Industries such as life sciences and financial services could see productivity gains of up to approximately 20% and 30%, respectively. RTÉ has more on this:
https://www.rte.ie/news/business/2024/1209/1485376-ai/

“Unveiling 2024's Best Gen AI Toys for HR this Christmas"

This week Barry Phillips reviews the year’s best GenAI tools for HR other than the main frontier models.

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/dec/unveiling-2024s-best-gen-ai-toys-for-hr-this-christmas/

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3. Majority of Irish workers expect a bonus this year

The majority (67%) of Irish employees are anticipating an end-of-year bonus while more than half expect gifts from colleagues (51%) and managers (50%). The research of more than 1,000 Irish workers by Workhuman as part of its Human Workplace Index, reveals that 37% of employees believe that bonuses and gifts are tied directly to their performance at work, highlighting the growing importance of performance-based recognition in today’s workplace culture. Think Business has more on this:
https://www.thinkbusiness.ie/articles/bonus-gifts-irish-workers-workhuman/

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4. Recruitment

Three quarters of Irish employers planning to recruit in 2025 – report

Almost three quarters of Irish employers plan to recruit for permanent roles in 2025, according to new research, an 11% decline compared to 2024. The report, which was commissioned by recruitment firm Hays Ireland, found that 57% of Irish employees said that they are planning to find employment in a company that offers remote working options in the next 12 months reports RTÉ:
https://www.rte.ie/news/business/2024/1210/1485566-business-jobs-recruitment/

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5. Employment Permits

Deferral of increases to Minimum Annual Remuneration for employment permits

Proposed increases to Minimum Annual Remuneration (MAR) for employment permits will not take place in January 2025, pending the outcome of a review. As part of this review, the Department of Enterprise, Trade and Employment invites feedback from employers, employer representatives, employee representatives and other interested stakeholders on the proposed roadmap. Feedback can be provided through the Minimum Annual Remuneration (MAR) survey and submissions can be made until 10 January 2025:
https://enterprise.gov.ie/en/publications/deferral-of-increases-to-mar.html

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6. Christmas and the Workplace

'Tis the season to be jolly - but perhaps not too jolly at the work Christmas party

An employment law expert has warned that the combination of alcohol and high spirits can lead to problems. "There have been a number of reported cases over the years where events have spiralled out of control," said Patrick Walshe, partner and head of the Employment group at law firm Philip Lee, who sets out essential guidance in this article for RTÉ here:
https://www.rte.ie/news/business/2024/1207/1485060-lawyer-warns-of-dangers-of-boozy-work-christmas-parties/

HR expert explains what you can do if you don't want to take part in Secret Santa at work

Secret Santa is a staple in many offices, but is it mandatory for all employees to partake? Ladbible looks at this issue:
https://www.ladbible.com/community/tiktok-hr-workplace-secret-santa-advice-734911-20241209

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7. Report shows major pay gap between Health Care Assistants in public and private employment

A new report from the European Federation of Public Service Unions (EPSU) has revealed a significant pay gap between the earnings of Health Care Assistants (HCAs) in the public and private sectors in some European countries, including Ireland.  The Report, Wage Watch: A Comparative Study of Health Care Assistant and Nurse Wages Across Europe, drew from the expertise of affiliate trade unions from fifteen European countries. As the Union of Health Care Assistants in Ireland, SIPTU members contributed to the study. When all payments are factored in, the Report found a 30% wage gap between HCAs employed in public and private settings in Ireland. More here from SIPTU:
https://www.siptu.ie/report-shows-major-pay-gap-between-health-care-assistants-in-public-and-private-employment/

The full report is available here:
https://www.epsu.org/sites/default/files/article/files/Wage-Watch-HCA-EPSU.pdf

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8. Data Protection

Maynooth University faces €40k GDPR fine following DPC inquiry into data mismanagement

The Irish Data Protection Commission (DPC) recently concluded an inquiry into Maynooth University, focusing on potential breaches of GDPR compliance. The investigation highlighted gaps in how the university managed personal data, particularly regarding transparency obligations and data retention practices. This is a big reminder for HR professionals in Ireland to regularly review data handling processes to ensure GDPR compliance—everything from how employee data is stored to responding promptly to data access requests must be top-notch to avoid similar scrutiny or fines. You can read the full details on the DPC’s website here:
https://www.dataprotection.ie/en/news-media/latest-news/data-protection-commission-announces-conclusion-inquiry-maynooth-university

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9. Enoch Burke tells appeal teachers are 'afraid to exercise their right to expression'

Jailed teacher Enoch Burke has claimed in the Court of Appeal (CoA) that teachers around the country are being "told to bow down" to instructions to only use "they" rather than "he/she" when referring to transgender students. "Teachers are afraid of stating their true beliefs and are whispering their objections", he told his appeal against the rejection last December by the High Court of his challenge to the composition of a disciplinary appeals panel (DAP) set up to consider his dismissal from his teaching post in Wilson's Hospital School, Westmeath. Read more:
https://www.irishexaminer.com/news/courtandcrime/arid-41535686.html

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10. Just in Case You Missed It...

How do I determine employee status?

The Updated Code of Practice on Determining Employment Status: What are the key takeaways? Matthew McGrogan of A&L Goodbody shares his insights:
https://www.legal-island.ie/articles/ire/features/q-and-a/2024/december/how-do-i-determine-employee-status/

How to Use GenAI to Bring HR Policies to Life

Catch up with Barry's podcast here:
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/dec/how-to-use-genai-to-bring-hr-policies-to-life/

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11. HR Developments

What the Gregg Wallace controversy can teach us

The recent allegations against the MasterChef presenter Gregg Wallace are dismayingly reminiscent of similar charges brought against strings of other celebrities, politicians and leaders over recent years. It’s almost as if there’s something about having influence or being in power that brings it out in people. Personnel Today examines the lessons we can learn:
https://www.personneltoday.com/hr/gregg-wallace-lessons-psychological-distance/

Don’t just manage change—develop leaders who enable it

Despite the pressing need to adapt, employees often resist change, leading to stalled initiatives, productivity losses, and sometimes a return to the old way of doing things. Most employees find frequent changes disruptive and feel overwhelmed due to inadequate support and lack of clear communication. HR Dive looks at the role of leaders and how organisations can support them:
https://www.hrdive.com/spons/dont-just-manage-changedevelop-leaders-who-enable-it/734211/

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12. Health and Safety Developments

New HSA Strategy Unveiled: Safeguarding Irish workers, boosting business, and driving compliance

The Health and Safety Authority (HSA) in Ireland has just rolled out its three-year plan to keep workers safe, help businesses thrive, and boost compliance across the board. The strategy focuses on reducing workplace accidents and illnesses, fostering a safety-first culture, and supporting companies with practical guidance. This is your heads-up to align with the latest safety standards and keep your teams protected. Check out the full details here:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2024/health_and_safety_authority_publishes_its_three_year_strategy_to_protect_irish_workers_contribute_to_productive_enterprises_and_strengthen_compliance.html

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13. Employment News in the Media

Members of the Mandate trade union have launched a series of public protests accusing Tesco Ireland of refusing to provide an adequate pay increase and of denying workers their right to be represented by their trade union. More:
https://www.rte.ie/news/business/2024/1212/1486097-mandate-protests-at-tesco/

The upcoming pension auto-enrolment scheme will not address the structural inequalities faced by women in the pension system and may even make them worse, according to a new report. 'Still stuck in the Gap - Pensions Auto-enrolment from a Gender and Care lens' has been released by the National Women's Council (NWC). More:
https://www.rte.ie/news/business/2024/1211/1485789-pension-report/

A bar manager is challenging his dismissal from a Dublin hotel after its management decided he was "defrauding customers" by adding 10% to the bills of smaller tables that it would not normally ask to pay a service charge. More:
https://www.rte.ie/news/business/2024/1210/1485671-bar-manager-accused-of-defrauding-challenges-firing/

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14. 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.

REGISTER 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!

Legal-Island