This week's top 5:

1. Half of Irish workers would refuse job offers with no option to work from home, research finds
2. Calls for swift government action on worsening situation for public transport workers
3. 37% of European employees are stressed out
4. 'Mouse jigglers' pretending to work fired by Wells Fargo
5. Aer Lingus passengers face disruption from June 26th as work to rule announced

And in other news…………. Don't miss out on our upcoming FREE webinar Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody, this coming Tuesday 25th June at 11:00am! REGISTER HERE!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Flexible working
4. ESG
5. Cork 'particularly affected' by nursing jobs crisis caused by recruitment embargo
6. New minimum rates of pay in the security industry
7. Strikes
8. Increased protection for employees in insolvency situations signed into law
9. Calls for swift government action on worsening situation for public transport workers
10. 37% of European employees are stressed out
11. Unite union officer would still have full role had he not contracted cancer
12. Just in Case You Missed It...
13. HR Developments
14. Health & Safety Developments
15. Employment News in the Media
16. Free Webinars This Month

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1. Case Law Review ⚓︎

Geraldine Noonan -v- Department of Education

Adjudication Reference:  ADJ-00036976

Complainant: Geraldine Noonan

Respondent: Department of Education

Keywords: Mutuality of obligation, Control in employment, Worker status determination.

Summary Sentence: The Adjudication Officer concluded that the Complainant did not have an employment relationship with the Respondent under the Terms of Employment (Information) Act 1994, as the evidence indicated that tutors were engaged by parents in a private arrangement with the Department acting only as a payroll agent, thus dismissing the complaint for entitlement to a contract of employment.

Practical Guidance for Employers: Employers must distinguish between employees and self-employed individuals per the Terms of Employment (Information) Act 1994. Determining whether a worker is an employee or self-employed involves evaluating various factors. Employers should carefully assess these factors, considering both contractual terms and actual working conditions, to ensure correct classification and compliance with legal obligations. Consulting legal advice may be beneficial to avoid misclassification.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/geraldine-noonan--v--department-of-education/

A Hotel Worker -v- A Hotel

Adjudication Reference:  ADJ - 00049793

Complainant: A Hotel Worker

Respondent: A Hotel

Keywords: Probationary Period; Unfair Dismissal.

Summary Sentence: The Adjudication Officer concluded worker's employment exceeded probation period; awarded €5,000 compensation due to unfair termination handling.

Practical Guidance for Employers: This decision underscores the importance of clear communication and adherence to statutory guidelines regarding probationary periods, ensuring fair treatment and procedural integrity for all employees.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/a-hotel-worker-v-a-hotel-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 ⚓︎

Don’t allow AI to erode workplace trust

The key workplace decisions of recruitment, performance, selection, promotion and termination are considered high-risk, and therefore subject to stricter rules, under the new EU AI Act. Ensuring that AI supported decisions can be adequately explained is critical to maintaining trust in AI systems and enabling individuals to contest effectively decisions based on AI profiling. More from Síobhra Rush, employment law partner at Lewis Silkin, in this article from the Law Society Gazette Ireland:
https://www.lawsociety.ie/gazette/top-stories/2024/june/dont-allow-ai-to-erode-workplace-trust

Nearly two-thirds of large Irish companies using AI in financial reporting

Financial executives and board members in almost two-thirds of large Irish companies are either using or piloting artificial intelligence (AI) in financial reporting, according to a new survey carried out by KPMG. The Irish figures come from an international study carried out by KPMG into companies in the Republic, UK, US, Australia, Canada, France, Germany, Japan, the Netherlands, and Spain. Irish financial reporting executives cited top advantages like predicting trends and impacts (68 per cent), enabling better data-enabled decisions (65 per cent), and providing real-time insights into risks and increased data accuracy (both 62 per cent) reports the Irish Times:
https://www.irishtimes.com/business/2024/06/17/nearly-two-thirds-of-large-irish-companies-using-ai-in-financial-reporting/

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3. Flexible working ⚓︎

Half of Irish workers would refuse job offers with no option to work from home, research finds

A new global survey published by Stepstone Group, the global recruitment company behind IrishJobs, has found that almost half of the more than 1,700 Irish survey respondents said they would refuse a job offer if there were no remote working options compared with a global average of 29 per cent. It suggests that work-life balance is the top priority for jobseekers in the Republic, unchanged since the last survey. Financial compensation, meanwhile, has moved up six places within the list of priorities since the last survey, Stepstone said, highlighting the impact of inflation and the cost-of-living crisis. More from the Irish Times:
https://www.irishtimes.com/business/2024/06/17/half-of-irish-workers-would-refuse-job-offers-with-no-option-to-work-from-home-research-finds/

Embracing summer flexibility for enhanced productivity

With extended daylight and rising temperatures, many employees find it increasingly difficult to maintain their usual levels of productivity. This phenomenon, often called “summer slack,” can lead to a significant decline in engagement and output, posing a challenge for businesses. Some innovative companies are turning this seasonal slump into a season of success with summer working hours. HRD Connect outlines how in this article:
https://www.hrdconnect.com/2024/06/13/embracing-summer-flexibility-for-enhanced-productivity/

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4. ESG ⚓︎

‘First of its kind’ procurement arrangement allows public bodies to buy remanufactured laptops

The government has launched a new framework to allow public bodies to buy remanufactured laptops in what’s been described as the “first arrangement of its kind in the EU”. It was previously advised that public bodies should always buy new products, however all public service bodies will now be able to buy a remanufactured alternative. The contract has an estimated value of up to €30 million and it’s thought that over the four-year term, around 60,000 remanufactured laptops could be bought over new ones reports the Journal:
https://www.thejournal.ie/new-procurement-arrangement-allows-public-bodies-to-buy-remanufactured-laptops-6410955-Jun2024/

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5. Cork 'particularly affected' by nursing jobs crisis caused by recruitment embargo ⚓︎

Nurses are being forced to commute long distances due to the recruitment embargo, which means they can’t take up jobs closer to home even after successfully interviewing. Laois Sinn Féin TD Brian Stanley raised the issue in the Dáil on Thursday, saying that people are languishing on panels for hospitals that urgently need staff, but “the positions are being delayed due to the nursing recruitment embargo, with no start date in sight”. More from Echo Live:
https://www.echolive.ie/corknews/arid-41416789.html

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6. New minimum rates of pay in the security industry ⚓︎

SIPTU members employed in the security industry have welcomed the announcement by the Government that a new Employment Regulation Order (ERO) for the sector will come into force on 1st July which will increase minimum hourly rates of pay. SIPTU Security Sector Organiser, Ed Kenny, said: “This new ERO will see the basic hourly rate of pay for a worker rise from €12.90 to €14.50. It also sets out terms and conditions for workers in the security industry in a number of areas, including an unsocial hours premium of €12.60 minimum payment per shift, increasing to €16.80 per shift from 1st January 2025 and €20.00 per shift from 1st January 2026.” More from SIPTU:
https://www.siptu.ie/siptu-members-welcome-new-minimum-rates-of-pay-in-the-security-industry/

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7. Strikes ⚓︎

Aer Lingus passengers face disruption from June 26th as work to rule announced

Aer Lingus passengers face likely delays and disruption from next week when pilots plan to begin industrial action in their campaign for a 24 per cent pay rise. The Irish Airline Pilots’ Association (Ialpa) notified Aer Lingus on Tuesday that members based in the Republic will, from a minute past midnight next Wednesday, June 26th, start an indefinite strict work-to-rule policy. Pilots will not work overtime or beyond contracted hours, and will refuse management requests to change their rosters. That limits the airline’s flexibility during what is its busiest time of the year. More from the Irish Times:
https://www.irishtimes.com/transport/2024/06/18/aer-lingus-passengers-face-disruption-as-work-to-rule-announced/

Barristers to walk out again over criminal legal aid fees

Criminal barristers are set to strike again on three dates in July following the government’s failure to follow through on a promise to review fee levels. The Bar Council last night agreed to recommend to its members in criminal practice across the State that they should withdraw services on Tuesday 9 July, Monday 15 July and Wednesday 24 July. Read more:
https://www.irishlegal.com/articles/barristers-to-walk-out-again-over-criminal-legal-aid-fees

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8. Increased protection for employees in insolvency situations signed into law ⚓︎

The Employment (Collective Redundancies and Miscellaneous Provisions) Act 2024 has been signed into law. The Act, once commenced, will amend the existing collective redundancy regime in insolvency situations and will deliver on key Programme for Government commitments. One such change is the 2024 Act will amend the Companies Act 2014 to improve the dissemination of information to employees as creditors in a corporate insolvency situation. More from Lexology:
https://www.lexology.com/library/detail.aspx?g=1611f544-d637-4254-9f56-adf11a20500d&utm

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9. Calls for swift government action on worsening situation for public transport workers ⚓︎

SIPTU representatives have called for immediate action by the Government to protect public transport workers from increasing rates of anti-social behaviour, as the National Transport Authority reported a two-fold increase in incidents on Luas services in 2023. New figures reveal the number of complaints about anti-social behaviour made to the Luas Call Centre rose from 1,001 in 2022 to 2,159 last year – an annual increase of 116%, reports SIPTU:
https://www.siptu.ie/siptu-calls-for-swift-government-action-on-worsening-situation-for-public-transport-workers/

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10. 37% of European employees are stressed out ⚓︎

New data from Gallup's State of the Global Workplace: 2024 Report show that over a third of employees in Europe are experiencing stress. Employees who find their work meaningful experience fewer negative daily emotions, including stress:
https://www.gallup.com/workplace/349484/state-of-the-global-workplace.aspx?utm_source=state_of_the_global_workplace&utm

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11. Unite union officer would still have full role had he not contracted cancer – barrister ⚓︎

Trade union officer Brendan Ogle would still have a full role with Unite the union if he had not been diagnosed with cancer, his legal representatives have told the Workplace Relations Commission. Mary-Paula Guinness BL, for Mr Ogle, said that having returned to work with Unite as a senior officer for the Republic of Ireland following his illness, her client found himself in a diminished role with reduced responsibilities. She said Mr Ogle was discriminated against because of his disability and "had he not got cancer he would still have a full role". RTÉ has more on this:
https://www.rte.ie/news/business/2024/0618/1455336-brendan-ogle-case-at-wrc/

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12. Just in Case You Missed It... ⚓︎

Gender Pay Gap Reporting

Caroline Reidy of The HR Suite covers Gender Pay Gap Reporting in her latest article:
https://www.legal-island.ie/articles/ire/features/supplementary/2024/june/gender-pay-gap-reporting/

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13. HR Developments ⚓︎

Pobody’s nerfect: Undermining the terror of an error

No matter who you are, how hard you try or how much you want to avoid it, we all make mistakes in life and in our jobs. Learning how to take those missteps and grow is a valuable life skill. More here from Silicon Republic:
https://www.siliconrepublic.com/advice/pobodys-nerfect-undermining-terror-of-an-error-foundational-skills

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14. Health and Safety Developments ⚓︎

The HSA remind outdoor workers and employers that sun protection is vital during summer months

The HSA is urging employers and employees across the country to take proactive measures to protect themselves from the harmful effects of ultraviolet (UV) radiation. Recent studies have highlighted a troubling rise in skin cancer cases among outdoor workers, emphasising the need for enhanced protective measures. The full press release is here:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2024/the_hsa_remind_outdoor_workers_and_employers_that_sun_protection_is_vital_during_summer_months.html

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15. Employment News in the Media ⚓︎

US banking giant Wells Fargo has sacked a number of employees following claims that staff were faking keyboard activity to fool the company into thinking they were working when they were not. It is not yet clear how the issue was discovered or whether it was specifically related to people working from home. The US bank said staff had been fired or resigned "after review of allegations involving simulation of keyboard activity creating impression of active work". More from the BBC:
https://www.bbc.co.uk/news/articles/cjll01220yeo

A mixed-race Irish man who “felt shame and hurt” arising from a colleague’s alleged “hateful” comment regarding immigrants has been awarded €5,000 in compensation. This follows Workplace Relations Commission (WRC) adjudicator Orla Jones upholding the worker’s claim for harassment on the grounds of race against his employer. More:
https://www.irishmirror.ie/news/irish-news/mixed-race-worker-compensation-immigrants-33071732

Payments company PayPal is to cut another 85 jobs in Ireland as it presses ahead with a “strategic transformation” announced earlier this year. The group, which employs about 1,600 people here, said the move was being taken to help it become “a more productive company that’s focused on its key priorities”. More from the Irish Times:
https://www.irishtimes.com/business/2024/06/18/paypal-to-cut-another-85-irish-jobs-in-plan-to-become-more-productive/

Former charity boss Angela Kerins cannot claim compensation for harm done to her reputation by words said during an Oireachtas committee meeting, the Supreme Court has ruled. Chief Justice Donal O’Donnell said Ms Kerins, the former chief executive of Rehab, had claimed damages against the Dáil and State, based on the “hostile” treatment she received, after which she had attempted to take her own life. However, Judge O’Donnell ruled the claim for damages could not proceed, because what had been said by politicians at the Public Accounts Committee (PAC) hearing was protected by parliamentary privilege reports Business Plus:
https://businessplus.ie/news/angela-kerins-pac/

Snapchat Inc. will pay $15 million to settle a lawsuit brought by California’s civil rights agency that claimed the company discriminated against female employees, failed to prevent workplace sexual harassment and retaliated against women who complained. The settlement with Snapchat Inc., which owns the popular disappearing-message app by the same name, covers women who worked for the company in California between 2014 and 2024 reports Yahoo:
https://www.yahoo.com/news/snapchat-inc-pay-15-million-223121997.html

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16. Free Webinars This Month ⚓︎

Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody

Tuesday 25th June, 11:00am - 11:45am

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 join Duncan Inverarity of A&L Goodbody and Legal Island’s Victoria Smith as they give you a sneak preview of the issues you need to be aware of to future-proof your organisation in this FREE webinar. Duncan will provide his expert insights on what legal issues employers will need to deal with in 2024/25, and Victoria will put YOUR questions to him LIVE!

We’ll be offering you the inside scoop on the Annual Review – you never know, we might reveal some of the topics and experts who’ll be joining us!  But most importantly you’ll gain insights into what’s ' on the employment law horizon for Irish businesses.

You can register here:
https://attendee.gotowebinar.com/register/2021814306692339031?source=WR

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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