This week's top 5:

1. Taxpayers have paid more than €1m for music teachers at rural Cork schools to remain idle
2. Recruitment body says rising cost of labour is unsustainable
3. Improvements in diversity and inclusion in Irish workplaces – study
4. Over 200 jobs saved so far this year through small business restructuring process
5. No HR for HR: The culture crisis about to reach boiling point!

And in other news…………. In his latest podcast, Barry Phillips reports on his experiments to create an executive coach for people in HR. Listen here!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Health Service Executive recruitment freeze ends
4. Recruitment body says rising cost of labour is unsustainable
5. New National Enterprise Hub to help business access government support
6. Staff retention a key issue for Ireland’s top law firms
7. Aer Lingus
8. DEI
9. Over 200 jobs saved so far this year through small business restructuring process
10. CJEU: Collective redundancy rules apply where cause is employer’s retirement
11. HR Developments
12. Employment News in the Media
13. Friends of Legal Island
14. Free Webinars This Month

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1. Case Law Review

Ciprian Toader v The Historic Flooring Company Ltd

Reference: ADJ-00047658

Applicant: Ciprian  Toader

Respondent: The Historic Flooring Company Ltd

Keywords: Withholding Wages; Constructive Dismissal.

Summary Sentence: Employer noted to ensure timely wage payments, clear communication, written contracts, consult employees, address complaints, and comply with laws.

Practical Guidance for Employers: Employers should ensure timely wage payments, maintain clear communication with employees, provide written employment contracts, and consult with employees during financial crises. Promptly address complaints and comply with legal requirements to avoid potential claims of unfair or constructive dismissal.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/july/ciprian-toader-v-the-historic-flooring-company-ltd-2024/

Philip McCabe v AA Ireland Limited

Reference: [2024] IECC 6

Applicant: Philip McCabe

Respondent: AA Ireland Limited

Keywords: Unlawful Recording, GDPR, Breach of Rights.

Summary Sentence: The court found the illegal recording linked to dismissal, ordering compensation and accountability for data rights.

Practical Guidance for Employers: Employers should implement clear policies regarding recording employees to ensure compliance with GDPR. Unauthorised recording, especially of private activities, can lead to legal repercussions and claims of personal data breaches. Consent must be obtained before any recording, and the purpose and scope should be transparent.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/july/philip-mccabe-v-aa-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

ChatGPT as your Personal HR Coach/Mentor?

This week Barry Phillips reports on his experiments to create an executive coach for people in HR:

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/july-2024/chatgpt-as-your-personal-hr-coachmentor/

Navigating generational perceptions of GenAI

Deloitte research highlights both worry and excitement among Gen Z with regards to Generative AI. Training Zone explores how accounting for different generational experiences of GenAI is a strategic imperative for employers and L&D:
https://trainingzone.co.uk/navigating-generational-perceptions-of-genai/

The Deloitte report is available here:
https://www2.deloitte.com/cn/en/pages/about-deloitte/articles/deloitte-2024-gen-z-and-millennial-survey.html

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3. Health Service Executive recruitment freeze ends

A recruitment freeze at the Health Service Executive is to end today after it was introduced last October as confirmed by HSE CEO Bernard Gloster. The embargo was extended in November to include all categories of staff, with the exception of consultants, doctors in training and nurses and midwives who graduated last year. However, last week the Government announced that the HSE was to be given an extra €1.5 billion in funding. RTÉ has more on this:
https://www.rte.ie/news/2024/0715/1459889-hse-recruitment-freeze/

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4. Recruitment body says rising cost of labour is unsustainable

The Employment and Recruitment Federation (ERF) says rising labour costs driven by a raft of Government initiatives are slowing job creation in labour intensive sectors and undermining the competitiveness of the Irish economy. ERF president Siobhan Kinsella, who is also managing director of Strategic Placements Dublin, said: “Ireland is becoming a very expensive place to do business.” The Irish Independent has more on this:
https://www.independent.ie/business/irish/recruitment-body-says-rising-cost-of-labour-is-unsustainable/a1913139317.html

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5. New National Enterprise Hub to help business access government support

The National Enterprise Hub, a new all-of-government service staffed by experts and trained advisors, is focused on helping businesses access a range of government supports. The Hub brings together information and resources on over 180 government supports from 19 different departments and State agencies which can be accessed through the new online hub or by speaking to a member of the team of advisors by phone or via live chat:
https://www.gov.ie/en/press-release/b5b14-minister-burke-launches-new-national-enterprise-hub/

The Hub is here:
https://www.neh.gov.ie/

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6. Staff retention a key issue for Ireland’s top law firms

Ireland’s top law firms are more optimistic about their futures than their smaller counterparts but all see staff retention as a significant issue, according to a survey. The Ireland Law Firm Survey 2024, A Tale of Two Markets: Navigating the Legal Landscape, carried out by Red C Research last March and April for Evelyn Partners, found nine in 10 of the larger firms had delivered pay increases of between 4 and 15 per cent over the last 12 months, plus several other initiatives to attract and retain staff. More from the Irish Times:
https://www.irishtimes.com/crime-law/courts/2024/07/17/staff-retention-a-key-issue-for-law-firms/

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7. Aer Lingus

Pilots at Aer Lingus to vote on pay deal

Members of the Irish Airline Pilots Association (IALPA) began voting Thursday on whether to accept or reject Labour Court proposals aimed at resolving a long-running pay dispute with Aer Lingus. The IALPA executive is recommending acceptance of the Labour Court proposals which include a 17.75% pay increase for pilots over a four-year period. The voting closes next Tuesday, reports RTÉ:

How much Aer Lingus pilots are set to earn and how salaries compare to rival airlines

Aer Lingus pilots appear to be on the verge of agreeing to a 17.75% pay raise as the Irish Airline Pilots' Association (IALPA) balloted its members this week. The full raise will equate to an estimated average pay increase of €39,157 for pilots with an average salary of €259,762 per year, based on salary figures provided by Donal Moriarty, chief corporate affairs officer with Aer Lingus, reports Business Plus:
https://businessplus.ie/business-insights/aer-lingus-pilots-earn-salaries/

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8. DEI

Celebrating disability pride: a year-round commitment

This July, Disability Pride celebrations spotlight the diverse experiences and contributions of people with disabilities. But true inclusion goes beyond one month. Learn how companies can move past ableism, build accessible workplaces, and tap into a vast talent pool that’s often overlooked. More here from HRD Connect:
https://www.hrdconnect.com/2024/07/16/celebrating-disability-pride-a-year-round-commitment/

Improvements in diversity and inclusion in Irish workplaces – study

Organisations across Ireland have shown improvements in fostering diverse and inclusive workplace cultures in the last two years, according to a study. The Inclusion Score metric from the Irish Centre for Diversity also shows that organisations need to do more to improve their workplaces for certain groups, including disabled people; people of different race, colour, nationality, ethnicity or ethnic origin; and people of different ages. According to latest findings, the national average Inclusion Score is 78%, with the insurance sector having the highest average of 81.7%. RTÉ has more on this story:
https://www.rte.ie/news/business/2024/0717/1460265-diversity-inclusion-workplaces-study/

Survey reveals attitudes of directors to diversity, equity and inclusion policies

Diversity, equity and inclusion (DE&I) quotas should not be mandatory according to almost three out of every five directors. A survey of directors by the Institute of Directors (IoD) also found that just over a quarter of firms do not currently have a policy around diversity, equity and inclusion in place and only two thirds also believe their board composition reflects the DE&I policy of their organisation. RTÉ has more on this story:
https://www.rte.ie/news/business/2024/0718/1460475-survey-reveals-director-attitudes-to-diversity-policies/

Female representation at senior levels is rising, but only to a certain point

Female representation on the boards of financial services firms rose to 39% at the start of this year, increasing from 35% in 2022. The data relates to companies that have signed the Women in Finance Charter, an initiative which aims to improve female representation in financial services firms here. However, in May of this year, Ireland became one of just two states in the European Union to have no women leading any of its listed companies. You can read more here from the Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41435071.html

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9. Over 200 jobs saved so far this year through small business restructuring process

New research into the Small Company Administrative Rescue Process (SCARP) scheme has shown that 206 jobs have been saved so far this year as the number of businesses starting the process drops significantly. The scheme involves a process advisor being appointed to prepare a rescue plan for the business and to work with creditors to consolidate company debts. More from the Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41436949.html

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10. CJEU: Collective redundancy rules apply where cause is employer’s retirement

EU rules on collective redundancies still apply where a business is winding down as a result of the owner’s retirement, the Court of Justice of the European Union (CJEU) has ruled. More:
https://www.irishlegal.com/articles/cjeu-collective-redundancy-rules-apply-where-cause-is-employers-retirement

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11. HR Developments

No HR for HR: The culture crisis about to reach boiling point!

The unsung heroes of the workplace, HR professionals, are silently battling a burnout crisis. The weight of escalating responsibilities, coupled with the emotional toll of their role, is pushing them to the brink reports HRD Connect:
https://www.hrdconnect.com/2024/07/15/no-hr-for-hr-the-culture-crisis-about-to-reach-boiling-point/

Revealed: Best and worst European countries for employment costs

Understanding employment costs across Europe is crucial for effective hiring strategies. The report ‘Decoding Employment Costs in Europe’ highlights significant disparities, offering insights for recruiters and CFOs to develop informed talent investment strategies and navigate the complexities of international hiring. HR Director has more on this story:
https://www.thehrdirector.com/business-news/employment/revealed-best-worst-european-countries-employment-costs/

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12. Employment News in the Media

The High Court has determined that a woman who was handed an envelope containing a P45 without any explanation whilst on sick leave during her pregnancy was the subject of discrimination and did not have to make further enquiries as to whether this constituted a dismissal. More from Irish Legal News:
https://www.irishlegal.com/articles/high-court-over-eur66500-awarded-to-worker-who-received-p45-without-explanation-during-pregnancy

Irish Rail worker Liam Óg Lynch was fired after defying orders not to operate a crane by taking over when he saw it was overloaded – only for it to collapse and trap another worker's foot - showed "great leadership and bravery" by freeing the man with a crowbar, his trade union has said, however, management saw his actions on the day as "reckless". Mr Lynch is looking for his job back, with his trade union arguing at a preliminary hearing that the move to sack him went too far. More from RTÉ:
https://www.rte.ie/news/business/2024/0715/1460042-irish-rail-worker-fired-for-defying-orders-wants-job-back/

Taxpayers have paid more than €1m for music teachers at rural Cork schools to remain idle, a whistleblower has claimed. In a protected disclosure to the Irish Mail on Sunday, one of these teachers has told how he was paid €72,733 last year for working less than 40% of the time. Hugh Rance, a flute and saxophone teacher based in West Cork, is a full-time employee of a music school run by the Cork Education and Training Board (CETB) but because of what he claims is mismanagement, Mr Rance was only allocated 7.5 hours of classes a week last year, meaning he was idle for 62.91% of the time. Business Plus has more on this story:
https://businessplus.ie/news/music-teacher-idle/

French authorities have rejected more than 3,500 applicants to work at the Olympics over terror links and security threats. Gérald Darmanin, the interior minister, announced that the government conducted hundreds of thousands of investigations to screen applicants who posed a risk to the games and to national security reports Yahoo news:
https://www.yahoo.com/news/france-rejects-3-570-olympics-163059095.html

Glen Dimplex factory workers in Dunleer, Co Louth have voted to accept a voluntary redundancy package after months of fraught negotiations between the firm and trade union Siptu, reports Ian Curran. The company is understood to be seeking around 60 voluntary redundancies at its two sites in Dunleer, where it has more than 100 staff. It comes as part of a wider restructuring of Glen Dimplex’s operations across the island of Ireland reports the Irish Times:
https://www.irishtimes.com/business/2024/07/17/glen-dimplex-workers-agree-redundancy-terms/

A worker at a residential care centre for vulnerable children who was sacked at the end of her probationary period has been awarded €2,500 for unfair dismissal despite having been absent for nearly half of her employment. An adjudication hearing of the Workplace Relations Commission (WRC) heard that the woman, who was hired as a deputy manager, had been absent on six separate occasions for a total of nearly 14 weeks, and had never worked a full month. More from the Irish Mirror:
https://www.irishmirror.ie/news/irish-news/worker-absent-45-employment-awarded-33259428

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13. Friends of Legal Island

ByrneWallace LLP is delighted to announce that partner, and Head of Employment Law and the firm’s Public Sector Group Michelle Ní Longáin, has been granted a Patent of Precedence and the title of Senior Counsel. She is one of only seven solicitors granted a Patent of Precedence this year. Read more here:
https://byrnewallace.com/news-and-recent-work/byrnewallace-llp-head-of-employment-granted-patent-of-precedence.html

Congratulations to Michelle from Legal Island!

Julie Galbraith appointed to lead Eversheds Sutherland employment team

Julie Galbraith has taken over the leadership of Eversheds Sutherland LLP’s Irish employment practice. Ms Galbraith succeeds Joanne Hyde, who has led the team since 2010 — the same year Ms Galbraith joined the firm as a trainee solicitor. The pair will continue to work together alongside fellow employment partners Marie Claire Scullion and Ian MacFarland as well as other employment law specialists. Separately, Ms Galbraith has also been elected as chair of the Employment Law Association of Ireland (ELAI), succeeding Linda Hynes.

More:
https://www.irishlegal.com/articles/julie-galbraith-appointed-to-lead-eversheds-sutherland-employment-team

Congratulations from Legal Island Julie!

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14. 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