This week's top 5:

1. Annual Review Session of the Week: From Office to Anywhere: When Employees Demand Remote Options, How Can Employers Address it?
2. Striking the Right Chord: McGranaghan case changes the tune for gig workers
3. Workday getaway: How to take a workcation
4. Dublin records highest hiring momentum globally, according to LinkedIn study
5. Is your company DEI washing?

And in other news...............did you know we've updated the Comparative Law Table..........again?! Just this week in fact........find it HERE!

CONTENTS

1. Annual Review Session of the Week
2. Case Law Review
3. AI and Employment Law
4. UPDATE: Comparative Employment Law Table: Northern Ireland, Ireland and Great Britain
5. Striking the Right Chord: McGranaghan case changes the tune for gig workers
6. Irish start-up raises €1.5m for ‘no-code’ AR creation tool
7. SIPTU members in Citizens Information Service ballot on strike action
8. Knowing your green flags from your red: Is your company DEI washing?
9. Recruitment
10. Just in Case You Missed It...
11. HR Developments
12. Employment News in the Media
13. Friends of Legal Island
14. Free Webinars This Month

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1. Annual Review Session of the Week ⚓︎

From Office to Anywhere: When Employees Demand Remote Options, How Can Employers Address it?

The demand for remote work is growing, and employers must gage this demand carefully. Ciara O'Kennedy of LK Shields will explore current trends in remote work, offer guidance on developing effective remote work policies, and discuss compliance with relevant laws and regulations. This session will provide the tools you need to manage remote work requests while maintaining productivity and company culture.

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

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2. Case Law Review ⚓︎

Karen Doherty v Southwest Doctors On Call CLG [2024]

Reference: ADJ-00045623

Applicant: Karen Doherty

Respondent: Southwest Doctors On Call CLG

Keywords: Unfair Dismissal

Summary Sentence: Almost €16,000 awarded due to lack of fair procedures.

Practical Guidance for Employers: Employers should provide clear documentation of performance reviews, ensure fair procedures by separating investigatory and disciplinary roles, and address grievances raised during disciplinary proceedings. Communicate dismissal reasons clearly with supporting evidence, offer support and time for improvement if performance issues arise, and ensure fair union representation. Maintain transparency by documenting decisions, providing written outcomes, and allowing for appeals.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/september/karen-doherty-v-southwest-doctors-on-call-clg-2024/

Annette Condon v Dr. Jacobus Engela [2024]

Reference: ADJ-00050541

Applicant: Annette Condon

Respondent: Dr. Jacobus Engela

Keywords: Annual Leave Compensation, Organisation of Working Time Act 1997

Summary Sentence: Payment for annual leave accrued but not compensated for.

Practical Guidance for Employers: Ensure redundancy settlements include all entitlements, such as accrued annual leave, and respond promptly to employee claims. Maintain accurate records of hours, leave, and sick leave, and comply with statutory obligations, especially under the Organisation of Working Time Act 1997. Conduct regular audits of leave and payment calculations, and communicate transparently with employees, providing clear explanations and necessary documentation.

The full case review can be found here: 
https://www.legal-island.ie/articles/ire/case-law/2024/september/annette-condon-v-dr.-jacobus-engela-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 ⚓︎

Graduates meeting demand to fill tech related jobs - ESRI

Universities are meeting employer demands for new graduates to fill artificial intelligence (AI), automation and blockchain-related jobs, according to new research from the ESRI. The study was funded by the Department of Further and Higher Education, Research, Innovation and Science (DFHERIS) and used data from a range of sources, including online job vacancies and a workshop conducted with employers. Find out more here: 
https://www.rte.ie/news/business/2024/0918/1470619-jobs-ai-ireland/

ChatGPT’s Latest Iteration (01 model) & Its Significance for HR

Barry Phillips calls in the help of a goat to explain why this latest version of ChatGPT is so important. Listen here:
https://www.legal-island.com/articles/uk/resources/ai-for-hr-weekly-podcast/2024/sept/chatgpts-latest-iteration-01-model--its-significance-for-hr/ 

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4. UPDATE: Comparative Employment Law Table: Northern Ireland, Ireland and Great Britain ⚓︎

A new and updated version of the Lewis Silkin LLP and Legal Island Comparative Employment Law Table outlining the key differences between GB, NI and ROI employment laws was launched this week.

Access your copy here: 
https://www.legal-island.ie/articles/ire/features/comparative-employment-law-ireland-ni--gb/comparative-employment-law-ireland-northern-ireland-and-great-britain/

Comparative Law webinar with Lewis Silkin LLP

Did you miss yesterday's webinar with Lewis Silkin? Fear not, we have a recording!

With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions.

Catch up with Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI discussing recent, and upcoming, changes to:

• Zero-hours contracts
• Family rights
• Domestic abuse

Catch up here:
https://www.legal-island.ie/articles/ire/resources/webinars/2024/sept/comparative-law-webinar-with-lewis-silkin-llp/

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5. Striking the Right Chord: McGranaghan case changes the tune for gig workers ⚓︎

Further to the recent Supreme Court case of The Revenue Commissioners v Karshan Midlands Ltd T/A Dominos Pizza [2023] IESC 24 (Karshan), which looked at the criteria for determining employment status, the issue has come before the Workplace Relations Commission (WRC) in the highly publicised matter of Matthew McGranaghan v MEPC Music Limited (ADJ-00037668). The WRC’s decision marks the first time it has applied the principles of the Supreme Court’s ruling in Karshan. RDJ covers the case here: 
https://www.rdj.ie/insights/striking-the-right-chord-mcgranaghan-case-changes-the-tune-for-gig-workers

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6. Irish start-up raises €1.5m for ‘no-code’ AR creation tool ⚓︎

‘We’re breaking down the barriers to AR content creation, enabling anyone, anywhere, to produce immersive experiences,’ Imvizar’s founder said. Dublin-based Imvizar has raised €1.5m to launch Lureo, a tool that allows users to create their own augmented realities (AR) without any code or design experience. The funding was led by venture capital firm Delta Partners and supported by former head of Meta Ireland Gareth Lambe, founder of Pigsback Michael Dywer, former CTO of Ooredoo Nigel Byrne and Enterprise Ireland. Read about it here:
https://www.siliconrepublic.com/start-ups/imvizar-lureo-ar-funding-no-code

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7. SIPTU members in Citizens Information Service ballot on strike action ⚓︎

SIPTU members employed in the Citizens Information Service (CIS) have begun a ballot for strike action which could close dozens of Citizens Information Centres around the country due to a failure by their employers and the Department of Social Protection to respect a Labour Court recommendation on a pay increase for staff. Read about the decision here:
https://www.siptu.ie/siptu-members-in-citizens-information-service-ballot-on-strike-action/

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8. Knowing your green flags from your red: Is your company DEI washing? ⚓︎

With the rising popularity of workplace diversity initiatives, it is important that we all be able to recognise when a company is talking the talk without walking the walk.Read more here:
https://www.siliconrepublic.com/advice/green-flags-red-company-dei-washing-employee-advice

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9. Recruitment ⚓︎

84% of businesses to increase pay in 2025 – survey

New research shows that 84% of businesses are planning to increase pay in 2025, with respondents forecasting an average increase of 3.4% across all business sectors. Business group Ibec has published the first part of its annual HR Workplace and Trends report showing that 85% of respondents increased basic pay by an average of 4.1% in 2024. More:
https://www.rte.ie/news/business/2024/0920/1471002-ibec-pay-survey/

Dublin records highest hiring momentum globally, according to LinkedIn study

Dublin has seen the highest upswing of hiring across 50 of the largest metropolitan areas around the world between January and June of this year, according to new data published by professional network LinkedIn. The analysis, which examined the LinkedIn Hiring Rate across a range of cities including New York, Paris and Rome, found that Dublin was the only euro zone metro area with positive hiring momentum. Find out here: 
https://www.rte.ie/news/regional/2024/0918/1470622-dublin-hiring/

Four in 10 Irish workers likely to switch jobs in next year, survey suggests

Four out of ten Irish employees are likely to switch jobs in the next year amid rising workloads and an accelerating pace of change, according to new research. Will your employees be walk? Read more here: 
https://www.rte.ie/news/business/2024/0917/1470386-irish-workers-survey/

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10. Just in Case You Missed It... ⚓︎

Managing Annual Leave Balances

In her latest article, Caroline Reidy from The HR Suite covers how to manage employees with high Annual Leave balances remaining before the end of this year. Read it here: 
https://www.legal-island.ie/articles/ire/features/hr/2024/september/managing-annual-leave-balances/

Using ChatGPT to Process Your Monthly Expense Claim – Why Wouldn’t You?

Barry Phillips this week looks at a simple use case for ChatGPT that will save everyone time and represents a great place to start for anyone in HR struggling to secure employee sign up to using AI.

Catch up here: 
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/sept/using-chatgpt-to-process-your-monthly-expense-claim--why-wouldnt-you/

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11. HR Developments ⚓︎

Workday getaway: How to take a workcation

Fancy exploring the world without taking any annual leave? Well, a workcation may be the answer. This growing travel trend allows remote workers to visit new destinations, while continuing with their usual work commitments. Think Zoom calls from a beach in Tenerife, or roaming the streets of Lisbon after a day of work calls. "When successful, workcations provide the ideal balance, enabling employees to refresh and recharge in a new environment without sacrificing their annual leave," said Barry Whelan, CEO of Excel Recruitment. Read about the implications here:
https://www.rte.ie/news/business/2024/0915/1469962-workday-getaway-how-to-take-a-workcation/

Four simple hacks to succeed in every conversation

One of the key underrated skills that most people think they can master is providing critical feedback and communicating effectively in thorny situations. A career coach, a choreographer, a chef and a dragon boat captain offer advice and collaborative methods to enable people to better express their thoughts to their peers. Listen here: 
https://www.bbc.co.uk/reel/video/p098mgm9/four-simple-hacks-to-succeed-in-every-conversation

Like a boss: How to upskill as a manager

All of us, regardless of our position in a company, need to brush up on our skills now and then, managers included. Leadership is often instinctual, but it can also be taught and managers should always aim to improve. Read on how to succeed with it here:
https://www.siliconrepublic.com/advice/like-a-boss-upskill-manager-skills-advice

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12. Employment News in the Media ⚓︎

90% of Irish CEOs believe there will be a return to pre-pandemic ways of working in the office within the next three years, according to new research. KPMG's 10th annual CEO Outlook survey shows that Irish business leaders have strong confidence in the local and global economy, as well as significant plans to invest in AI and talent. Read in full:
https://www.rte.ie/news/business/2024/0920/1471004-90-of-irish-ceos-see-full-return-to-office-in-3-years/

A worker who was sacked by Aldi after senior management found out he had been convicted of sexual assault has won €5,000 for unfair dismissal. A Workplace Relations Commission (WRC) adjudicator concluded there had been a "rush to dismissal" after bosses at the organisation were shown a newspaper report on the man's court case and accused him of failing to disclose his conviction – even though it later emerged he had told his line manager. Read about the case here:
https://www.rte.ie/news/business/2024/0917/1470526-aldi-worker-sacked-over-sex-assault-conviction-wins-5k/

Twitter has lodged an appeal against a ruling that it must pay out an Irish record unfair dismissal award of €550,131 to a former executive. In the ruling last month at the Workplace Relations Commission (WRC), adjudicator, Michael MacNamee, found that Twitter International UC – now known as X – unfairly dismissed former employee Gary Rooney in December 2022. The Irish Times has more:
https://www.irishtimes.com/business/2024/09/17/twitter-lodges-appeal-against-wrc-record-pay-out-ruling/

A bill that seeks to abolish age-based sub-minimum pay rates for younger workers will be discussed today by the Oireachtas Committee on Enterprise, Trade and Employment. Current legislation allows for lower or sub-minimum rates for people aged under 20. RTE has more here: 
https://www.rte.ie/news/business/2024/0918/1470564-age-based-minimum-wage/

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13. Friends of Legal Island ⚓︎

The Importance of Training for Neuroinclusion in the Workplace

In recent years, there has been a growing recognition of the importance of diversity and inclusion in the workplace. However, one critical aspect often overlooked is neurodiversity - a concept that embraces the varied ways that people’s brains work. As organisations increasingly strive to create inclusive environments for all employees, understanding and supporting neurodivergent individuals is becoming essential. To achieve this, comprehensive training on neurodiversity is crucial. Ryan McQuitty, IT Recruitment Consultant from Silverwood Recruitment Ltd covers in his latest newsletter on this here:
https://www.linkedin.com/pulse/importance-training-neuroinclusion-workplace-ryan-mcquitty-ngsde/

Check out our latest e-learning training on Neurodiversity as well here! 
https://www.legal-island.ie/e-learning/neurodiversity-awareness/

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14. Free Webinars This Month ⚓︎

Thinking Differently: Legal and Practical Approaches to Neuroinclusion

Thurs 26th Sept, 11am - 11.45am

As HR professionals, ensuring an inclusive and supportive workplace is a fundamental responsibility. A recent Irish survey conducted by Red C on behalf of Bank of Ireland revealed that almost 1 in 10 adults in Ireland identify as neurodivergent, yet only half of neurodivergent employees have disclosed their condition to their employer. Neurodiversity refers to the natural variation in how the human brain works and processes information, leading to diverse behavioural traits and interactions in the workplace. Despite this, many organisations overlook the importance of raising awareness about neurodiversity and fostering neuroinclusion.

In this webinar, Declan MacQuillan, Senior Associate from Arthur Cox joins Victoria Smith from Legal Island to discuss the significance of neurodiversity in the workplace. Declan will outline the practicalities and provide his legal insights to help you:

• Understand your legal responsibilities under the Employment Equality Acts 1998-2015 and how to avoid discrimination claims.
• Review case law examples of how some organisations have been deemed by relevant authorities to have failed to meet their obligations to neurodivergent staff, and what we can learn from these cases.
• Outline best practices in supporting and empowering your neurodivergent employees.

Victoria will also take your questions at the end and discuss with Declan what HR can and should be doing to promote neuroinclusion.

Register for free: 
https://attendee.gotowebinar.com/register/8788317717202410332?source=Round+Up

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