This week's top 5:

1. Annual Review Session of the Week: Probation: Perils & Pitfalls
2. ECJ: Risk of 'double discrimination' against part-time workers
3. 40% aren't confident in their organisation’s ability to effectively train workers on AI
4. HSA: Work-related violence is never "part of the job"
5. €51,000 for former Iceland worker in WRC claim for gender discrimination

And in other news…………. congratulations to Sandra Buckley of Dunnes Stores who won a €50 One4All voucher for participating in our Hub survey! Thanks for your input Sandra, and enjoy your winnings!

CONTENTS

1. Annual Review Session of the Week: Probation: Perils & Pitfalls
2. Case Law Review
3. AI and Employment Law
4. Companies get ready for 'challenging' new cyber rules
5. Discrimination Issues
6. Men more likely than women to speak up over ethical concerns in workplace, survey finds
7. Apple accused of employee surveillance on Slack
8. Hospitality workers take to the streets as they fear for their jobs this winter
9. Language flexibility could help ease labour shortages - new study finds
10. Just in Case You Missed It...
11. HR Developments
12. Health & Safety Developments
13. Employment News in the Media
14. Friends of Legal Island

===============================================

1. Annual Review Session of the Week: Probation: Perils & Pitfalls ⚓︎

The introduction of the European Union (Transparent and Predictable Working Conditions) Regulations 2022 has brought significant changes to probationary periods in employment contracts. Employers must now proactively manage these periods to avoid legal risks. Join Damien McCarthy, Managing Director of HR Buddy Consultancy, as he explores how to effectively manage probationary periods, conduct performance reviews, and provide clear documentation and feedback. This session will help you manage new staff under the updated legal framework and support your employees’ success.

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

Back to top

===============================================

2. Case Law Review ⚓︎

Kristian Browne v Kilkenny Limestone Quarries Limited

Reference: ADJ-00050048

Applicant: Kristian Browne

Respondent: Kilkenny Limestone Quarries Limited

Keywords: Discriminatory Dismissal; Disability; Reasonable Accommodation.

Summary Sentence: Complainant awarded €3,000 for discriminatory dismissal with the Respondent ordered to undertake diversity and inclusion training.

Practical Guidance for Employers: 

• Document Performance Reviews: Ensure regular performance reviews are conducted and documented, especially during probation periods. Discuss and record any performance issues.
• Clear Communication: Provide explicit feedback to employees regarding their performance and areas of concern. Avoid relying solely on informal assessments or verbal discussions.
• Reasonable Accommodations: Actively engage with employees about their disabilities and assess the need for accommodations. Follow up on medical advice and ensure any necessary adjustments are made.
• Probationary Period Procedures: Implement a structured approach to probation reviews, including clear communication about performance expectations and potential issues.
• Disability and Seizure Awareness: Treat all disabilities seriously, including conditions like seizures. Conduct risk assessments and ensure safety protocols are in place.
• Diversity and Inclusion Training: Provide regular training on diversity and inclusion to management and HR to prevent discriminatory practices and ensure legal compliance.
• Record-Keeping: Document key meetings, such as termination discussions, and maintain records of any correspondence to ensure transparency and legal compliance.

 The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/kristian-browne-v-kilkenny-limestone-quarries-limited-2024/

Leonard Brennan v Central Remedial Clinic Crc

Reference: ADJ-00052216

Applicant: Leonard Brennan

Respondent: Central Remedial Clinic Crc

Keywords: Pension; Terms of Employment.

Summary Sentence: Employee awarded compensation for miscommunication about incorrect pension scheme enrolment.

Practical Guidance for Employers: 

• Ensure Accurate Contracts: Regularly review employment contracts to ensure accuracy, especially regarding pension schemes and benefits.
• Notify Employees of Changes: Promptly inform employees in writing of any changes to employment terms, including pensions, as required under the Terms of Employment (Information) Act, 1994.
• Address Errors Quickly: Correct clerical errors immediately to prevent long-term issues, and document all communications with employees.
• Provide Clarity on Pensions: Ensure staff fully understand their pension options and any limitations, especially when transitioning between public service roles.
• Seek Timely Resolution: Address employee concerns swiftly to avoid escalation and legal disputes.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/leonard-brennan-v-central-remedial-clinic-crc-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/

Back to top

===============================================

3. AI and Employment Law ⚓︎

Can AI do away with ‘out with the old, in with the new’ company rhetoric?

DEI measures are there to ensure fair and equal treatment for everyone within the workforce, yet age is often unfairly seen as a sign that someone is unfit for the modern workplace. A 2023 Workplace Equality Report from Matrix Recruitment Group, indicated – for the second year in a row – that 78pc of respondents identified ageism as a significant workplace issue. Silicon Republic look at how AI innovation and its potential can improve working conditions for people who may often be left on the margins of company culture:
https://www.siliconrepublic.com/careers/ai-out-with-the-old-in-with-the-new-company-rhetoric-inclusion

Employers must meet their workers' need for effective AI upskilling

A new report on AI sponsored by DeVry University found 72% of employers aren't offering upskilling benefits to all workers and more than 40% aren't confident in their organization’s ability to effectively train workers on AI. But without proper comprehensive training, organizations are opening themselves up to risk and potentially leaving their workers—and their skills—behind. Forbes has more here:
https://www.forbes.com/councils/forbeshumanresourcescouncil/2024/10/10/employers-must-meet-their-workers-need-for-effective-ai-upskilling/#:~:text=Workers%20and%20employers%20can%20agree,to%20upend%20how%20companies%20operate

Latest ChatGPT Adoption Rates – Reading the Tea Leaves in HR

Barry Phillips asks whether the latest adoption rates of ChatGPT suggest to HR that it’s a question of when not if..

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/oct/latest-chatgpt-adoption-rates--reading-the-tea-leaves-in-hr/

Back to top

===============================================

4.  Companies get ready for 'challenging' new cyber rules ⚓︎

Ireland was required to adopt new EU cybersecurity rules from Thursday. The Government has said it will miss the deadline to transpose the "NIS2" Directive but businesses are pressing ahead with their preparations. Under the regulations, companies and State bodies must boost their cyber defences with the threat of heavy fines for breaches of the rules. NIS2 expands the scope of previous regulations to include additional sectors like food processing. More here from RTÉ:
https://www.rte.ie/news/business/2024/1017/1475923-new-cyber-rules-for-businesses/

A quick reference guide is available here:
https://www.ncsc.gov.ie/pdfs/NCSC_NIS2_Guide.pdf

Back to top

===============================================

5. Discrimination Issues ⚓︎

Irish Heart Foundation worker claims mandatory retirement at 68 was ageist

The Irish Heart Foundation has been accused of ageist discrimination by forcing a worker to retire before his 68th birthday when his contract was not renewed, with the worker maintaining he could have kept doing his job up to the age of 80. Read more:
https://www.rte.ie/news/business/2024/1017/1475996-irish-heart-foundation-at-wrc/

Maternity Protection Bill must be amended to avoid discrimination

Ireland is one of the first countries to introduce such legislation. Specifically, the bill seeks to support mothers by allowing the postponement of maternity leave in cases where a mother becomes seriously ill. As drafted, the bill could lead to a situation where employees with certain disabilities are treated less favourably than others. As such, it may unintentionally create disparities between different types of disabilities. The Irish Examiner has more on this:
https://www.irishexaminer.com/business/economy/arid-41494754.html

ECJ: Risk of 'double discrimination' against part-time workers

The European Court of Justice recently found that a collective agreement provision on overtime pay potentially violated the prohibition of discrimination against part-time employees as well as the prohibition of discrimination on grounds of gender. EU law prohibits employers from treating part-time employees less favourably than comparable full-time employees, unless such treatment is justified by objective reasons. EU law also prohibits direct and indirect discrimination on grounds of gender. More from Ius Laboris:
https://iuslaboris.com/insights/double-discrimination-against-part-time-workers/

Increased demand for menopause support expected

One in five employers expects an increased demand for female gender-specific support, such as for the menopause, according to research from Towergate Employee Benefits. A good starting point for menopause support is education. Making employees aware of the symptoms and issues associated with the menopause can help both those going through it themselves, and their colleagues, to be more understanding of the situation and the potential requirements of the individual. Including younger colleagues and those who won’t directly go through the menopause in the communications can help them to be more supportive of their colleagues. More here from Global Recruiter:
https://www.theglobalrecruiter.com/increased-demand-for-menopause-support-expected/

Back to top

===============================================

6. Men more likely than women to speak up over ethical concerns in workplace, survey finds ⚓︎

Irish results of the research by the Ethics at Work: 2024 International Survey of Employees released by the Institute of Business Ethics with the Compliance Institute, found 76 per cent of men said they would speak up if there was legal or ethical misconduct at work, this compares to 53 per cent of women. 44 per cent of women in Ireland believed they would be putting their job at risk if they spoke up about any misconduct they observed in the workplace. In contrast, only three in 10 men felt the same way reports the Irish Times:
https://www.irishtimes.com/business/2024/10/15/men-more-likely-than-women-to-speak-up-over-ethical-concerns-in-workplace-survey-finds/

Back to top

===============================================

7. Apple accused of employee surveillance on Slack ⚓︎

A former Apple worker in the US claims she was fired for using the platform to advocate for workplace changes. Janneke Parrish alleges Apple fired her in 2021 because she used Slack — and other social media platforms – to talk about aspects of working for the company that she was unhappy about. More here from Tech:
https://tech.co/news/apple-accused-employee-surveillance-slack

Back to top

===============================================

8. Hospitality workers take to the streets as they fear for their jobs this winter ⚓︎

This winter could see a number of closures for the Irish hospitality scene, with many workers taking to the streets in a call for action. Pub, restaurant and café closures have been abundant across the country this year, with a huge number of home grown businesses struggling to stay afloat. Tuesday was a ‘Day of Action’ for the sector, with hundreds marching on the Dáil to warn that their industry is now in crisis. Following on from the return of 13.5% VAT rate in September 2023, 700 restaurants, cafés and food businesses have been forced to close their doors nationwide. Business Plus has more on this story:
https://businessplus.ie/news/hospitality-workers-streets/

Back to top

===============================================

9. Language flexibility could help ease labour shortages - new study finds ⚓︎

2.4% of job postings for Ireland now explicitly state that applicants do not need to be able to speak English. The new study by Indeed, based on data from its job sharing platform, is a snapshot of employer's behaviour in using language flexibility to widen its pool of candidates. The majority of roles advertised are mainly lower paid roles in high demand areas including Hospitality and Tourism, and Driving. The research comes as employers here are increasingly seeking to hire migrant workers amid labour shortages reports RTÉ :
https://www.rte.ie/news/business/2024/1016/1475639-language-flexibility-could-help-ease-labour-shortages/

Back to top

===============================================

10. Just in Case You Missed It... ⚓︎

Leave for Medical Care Purposes

Caroline Reidy from The HR Suite outlines the rights and obligations in relation to Leave for Medical Care purposes and how it differs from other types of statutory leave. Read it here:
https://www.legal-island.ie/articles/ire/features/hr/2024/october/leave-for-medical-care-purposes/

Back to top

===============================================

11. HR Developments ⚓︎

Employers should have race and gender targets, say young staff

Nearly three in five (57%) of young employees believe it is important for employers to have set race and gender targets, a new study has revealed. The Purpose Pulse, which surveyed people in the UK and US, found that more than three in five (62%) of respondents think DEI initiatives are important in building trust, while four in five (81%) also thought trust could be developed among the workforce through employee wellbeing support. When asked why organisations should prioritise DEI, the top answer cited by 27% of those polled was because it is the right thing to do. More from Personnel Today:
https://www.personneltoday.com/hr/employers-should-have-race-and-gender-targets-say-young-staff/

Leadership development top HR priority for third consecutive year

Leadership development is the top priority for HR in 2025, according to a new survey from Gartner. Developing managers is a key focus for the third consecutive year, as three in four revealed feeling overwhelmed by their growing responsibilities. Among the HR leaders polled by the US-based consulting company, seven in 10 (69%) agreed leaders and managers are not suitable prepared to steer change. Other organisational HR priorities noted in the top five included organisational culture, strategic workforce planning, change management and HR technology. More from Personnel Today:
https://www.personneltoday.com/hr/leadership-development-top-hr-priority-for-third-consecutive-year/

Back to top

===============================================

12. Health and Safety Developments ⚓︎

Construction Industry Federation launches 2024 Construction Safety Campaign

This year’s campaign has a dual focus on raising awareness of critical risks on site, encouraging companies to assess and manage risks effectively to prevent accidents and fatalities, and promoting heart health. Companies are encouraged to hold workshops, safety talks, and training sessions aimed at fostering a culture of safety across all levels of the industry. You can find out more here:
www.cif.ie/safetycampaign

HSA: Work-related violence is never "part of the job" - new campaign highlights employers' duty to protect workers

The new campaign highlights the growing need for vigilance and proactive management in industries where employees may be particularly vulnerable to work-related violence and aggression from the general public, such as healthcare, retail, hospitality, and public services. It emphasises that employers have a duty to assess risks, provide appropriate training, and establish clear procedures to handle such incidents effectively. More here:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2024/hsa_work-related_violence_is_never_part_of_the_job_-_new_campaign_highlights_employers_duty_to_protect_workers.html

Back to top

===============================================

13. Employment News in the Media ⚓︎

A former Iceland employee who was left unable to claim maternity benefit because of a six-month delay in providing her with necessary forms after being laid off while seven months pregnant has won €51,000 for gender discrimination. Rachel Smyth told the Workplace Relations Commission (WRC) that her time as a new mother had been "ruined" by the stress of the situation. More from RTÉ:
https://www.rte.ie/news/business/2024/1011/1475000-former-iceland-worker-wins-51-000-in-wrc-claim/

A restaurant boss who has been ordered to pay €23,000 to a former employee who told how he worked 70 hours weeks for below minimum wage has told how business has plummeted since the public learned of the case. The Workplace Relations Commission ordered Chicken Castle Limited to pay migrant worker Suman Bhurtel €23,130 after finding the company had breached numerous employment rights. Satwinder Singh, who runs the restaurant, said that business has completely plummeted since the case was publicised two weeks ago reports the Sunday World:
https://www.sundayworld.com/news/irish-news/takeaway-boss-says-business-plummeted-after-he-was-ordered-to-pay-23k-to-worker/a1450672883.html

A Limerick nursing home has been ordered to pay €22,500 in compensation to a former healthcare assistant (HCA) who was constructively dismissed after it found out she was HIV positive. The Workplace Relations Commission ruled that the company which operates Abbot Close Nursing Home had unfairly dismissed the HCA, Thandekile Sulo, on grounds of her disability. More from the Irish Examiner:
https://www.irishexaminer.com/news/munster/arid-41496905.html

Irish teacher Enoch Burke remains in Mountjoy Prison, despite a judge giving him ten opportunities to agree to stay away from his former school. Mr. Burke’s continued imprisonment for contempt of court came before Judge David Nolan for review on Friday, October 11. Mr. Burke was sent to Mountjoy early last month, for his third lengthy spell behind bars for failing to obey a court order to stay away from Wilson’s Hospital School in Co Westmeath. He had been arrested outside the school, which had taken disciplinary action against him two years previously, over his reaction to being asked to call a transitioning pupil by a new name and the pronoun "they." Irish Central has more here:
https://www.irishcentral.com/news/enoch-burke-back-to-jail

A recruiter who took "a lot of offence" to a senior colleague at his firm allegedly approaching his wife after getting drunk at a leaving party and pulling her hair has claimed he was sacked within a month of complaining about it as an act of penalisation. Sean Coffey alleged his former employer, Azon Point Partners Ltd, trading as Azon Recruitment Group, breached the Protected Disclosures Act 2014 and the Unfair Dismissals Act 1977 with the termination of his employment in June this year. RTÉ has more here:
https://www.rte.ie/news/business/2024/1015/1475532-recruiter-case-at-wrc/

Back to top

===============================================

14. Friends of Legal Island ⚓︎

New Employment Law Review Group

The Minister for Enterprise, Trade and Employment is seeking nominees as representatives of expert, technical, legal, government and regulatory bodies. Also sought are expressions of interest from suitably qualified candidates for appointment to one of the six Ministerial nominations to the Employment Law Review Group (ELRG). The deadline for receipt of expressions of interest is 3pm, 8 November 2024. You can find out more here:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/october/16102024.html

Enjoy the weekend.

Legal-Island