This week's top 5:
- Vast majority of Irish workers say receiving a Christmas gift card increases their loyalty
- FTSE 100 gender pay gap remains stubbornly high
- Pay-related maternity leave and free GP care for all children promised in Labour's manifesto
- The excessive hiring practices scaring off skilled applicants
- IT Manager sacked shortly before boss arrested over record meth seizure in Kerry wins €78,000
And in other news………….Barry Phillips goes back to basics to argue for a clearer understanding of what AI is and why we in HR should think differently about GenAI. Listen here!
- Case Law Review
- AI and Employment Law
- Recruitment and Retention
- Gender Pay Gap and Gender Balance
- Dublin Airport whistleblower concerned about such actions in future
- Election
- Grocery retailers facing increased wage pressures in 2025
- Irish workers are turning into 'Zombies' as they struggle to switch off from work
- Safeguard your organisation against Slack legal and compliance risks
- Just in Case You Missed It...
- HR Developments
- Health and Safety Developments
- Employment News in the Media
- Free Webinars This Month
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1. Case Law Review
Ronald Bujdei v Rathcreedon Limited t/a Sushi King
Reference: ADJ-00050926
Applicant: Ronald Bujdei
Respondent: Rathcreedon Limited t/a Sushi King
Keywords: Insubordination, Fair Procedures, Employment Rights
Summary Sentence: Dismissal claim versus insubordination and fair process.
Practical Guidance for Employers:
The case highlights the importance of clear communication, adherence to statutory obligations, and the implementation of fair disciplinary processes in the workplace. Employers must ensure that policies on working hours, roster compliance, and statutory entitlements, such as Sunday premiums and sick pay, are clearly outlined and consistently applied. Maintaining professional communication between management and employees is essential to prevent workplace tensions and disputes. The case underscores the need for fair and transparent disciplinary procedures, including proper documentation and, where necessary, engaging independent HR professionals to oversee the process. By fostering a respectful work environment and complying with statutory requirements, employers can mitigate the risks of claims for unfair dismissal or breaches of employment rights.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/november/ronald-bujdei-v-rathcreedon-limited-ta-sushi-king-2024/
Veronica Dowling v An Post
Reference: EDA2451
Applicant: Veronica Dowling
Respondent: An Post
Keywords: Age Discrimination; Harassment.
Summary Sentence: Claimant appealed WRC decision dismissing disability discrimination but awarded €1,000 for age-based harassment.
Practical Guidance for Employers:
- Foster Respectful Workplace Communication: Train staff to avoid comments that could be perceived as discriminatory or offensive, even if intended humorously.
- Respond to Concerns Promptly: Ensure supervisors and managers understand how to address concerns sensitively and appropriately.
- Implement Preventive Measures: Develop and enforce policies that define and prohibit workplace harassment, with clear examples.
- Conduct Investigations Thoroughly: Address all complaints impartially and document actions taken to resolve issues.
- Provide Regular Training: Offer diversity and inclusion training to build awareness of sensitive workplace conduct.
- Take Responsibility: Employers are liable if they fail to take steps to prevent or address harassment.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/november/veronica-dowling-v-an-post/
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
AI vs. GenAI: What's the Difference and Why Should HR Care?
This week, Barry Phillips goes back to basics to argue for a clearer understanding of what AI is and why we in HR should think differently about GenAI.
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3. Recruitment and Retention
Vast majority of Irish workers say receiving a Christmas gift card increases their loyalty
A new survey of 600 workers both here and in the UK underlined the hugely positive impact receiving a gift card has on staff. The authors of the survey, digital payments company CleverCards, claimed the results showed "a shift in Irish employee attitudes, where Christmas gift cards, once seen as a simple gesture, now hold the potential to drive loyalty, satisfaction and a positive workplace culture." Business Plus has more on this:
https://businessplus.ie/business-insights/christmas-gift-card-loyalty/
Gen Z want more money, more security and more perks
Businesses are struggling to manage Gen Z as new research reveals that they demand more from employers than any previous generation. According to Robert Half’s 2025 Salary Guide, 67% of hiring managers feel that Gen Z has become more demanding when it comes to salary expectations compared to last year. This is followed by millennials (64%), Gen X (37%) and baby boomers (22%). HR Director has more on this:
https://www.thehrdirector.com/business-news/gen-z/gen-z-want-money-security-perks/
You can download the UK salary guide here:
https://www.roberthalf.com/gb/en/insights/salary-guide
Nearly half of workers impacted by labour shortages
Research carried out by Fragomen Ireland, a company that provides immigration services, found nearly half of workers in Ireland feel their industry is experiencing labour shortages. Just under three-quarters of healthcare workers observed shortages, followed by those in education and construction - with nearly half of construction workers noting a shortage in their field. Meanwhile, one in three people believe immigration rules and requirements are a key challenge for employers looking to recruit talent from outside the EU. More on this from RTÉ:
https://www.rte.ie/news/business/2024/1120/1482022-nearly-half-of-workers-impacted-by-labour-shortages/
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4. Gender Pay Gap and Gender Balance
Gender pay gap reporting: What are employers doing now?
As the Gender Pay Gap (“GPG”) reporting threshold will drop to business’ with 50 or more employees, a significant number of employers will soon be required to report for the first time. These new entrants to mandatory reporting, alongside employers who have been in scope for some time, can expect an increased scrutiny of the GPG reporting regime and the measures they will seek to put in place to address any gaps that arise. Mathesons explains how first time reporting employers should prepare in this article from Lexology:
https://www.lexology.com/library/detail.aspx?g=4c07dcc8-fb75-47b2-8e27-45673be0d9e8&utm_source
Pay attention to the gender pay gap
Equal pay for equal work is one of the EU’s founding principles. And yet, imagine if you stopped getting paid for the year today? Instead of getting paid for a full year, you only get paid for 10 and a half months. For women in the EU, who earn on average 13% less than their male counterparts, this gender pay gap represents their reality. The EU Reporter has more on this story:
https://www.eureporter.co/politics/gender-equality/2024/11/19/pay-attention-to-the-gender-pay-gap/
Musgrave joins the 30% Club amid push to gender balance leadership
Musgrave has become the newest member of the 30% Club, the global campaign dedicated to advancing gender balance in leadership. The wholesaler's membership aligns with its inclusion and diversity goals, which include increasing female participation in leadership and senior management to 40% by end of 2025. The 30% Club now has a presence in more than 20 counties and a robust network of Irish member organisations reports Business Plus:
https://businessplus.ie/media-plus/musgrave-30pc-club/
FTSE 100 gender pay gap remains stubbornly high
Women on FTSE 100 boards still earn more than two-thirds less than their male counterparts, according to analysis by law firm Fox & Partners. The firm found that the pay gap between men and women on boards of the top listed companies had narrowed slightly, from 70% to 68%. The number of female executive directors increased by 10% last year, according to its analysis, to 43. More than nine in 10 (91%) female directors in the FTSE 100 hold non-executive positions, rather than executive roles. You can read more from Personnel Today here:
https://www.personneltoday.com/hr/ftse-100-gender-pay-gap/
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5. Dublin Airport whistleblower concerned about such actions in future
A former member of airport operator DAA’s security staff says he is pleased to have received confirmation from the Irish Aviation Authority that concerns he raised about procedures at Dublin Airport in a protected disclosure had been addressed following an investigation. However, he said he still had concerns about how the DAA would handle another whistleblower highlighting safety issues after the way he was treated. The Irish Times has more on this story:
https://www.irishtimes.com/business/2024/11/18/dublin-airport-whistleblower-concerned-about-such-actions-in-future/#:~:text=Mr%20Butterly%20said%20he%20was,with%20regard%20to%20a%20staff
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6. Election
Pay-related maternity leave and free GP care for all children promised in Labour's manifesto
Labour has promised to introduce pay-related maternity leave in its general election manifesto, which seeks to use the wealth in Ireland to tackle ongoing issues around the country. Under the new system, mothers on maternity leave will receive social welfare benefits relative to their current pay rather than the current model which issues a flat rate of €274 per week to every mother. More from the Journal:
https://www.thejournal.ie/labour-party-manifesto-election-2024-6544516-Nov2024/
Unions call on next government to respect workers' rights
A group of trade unions have launched its General Election pledge calling on the next government to respect workers’ rights. The 'Respect at Work’ campaign is backed by SIPTU, the Financial Services Union (FSU), the Communications Workers’ Union (CWU) and Mandate. The campaign said it is approaching parties and candidates from across the political spectrum to ask them to pledge their support for legislative change to boost workers’ rights. The pledge commits politicians to support legislation that promotes collective bargaining, protects workplace representatives and ensures the right to access a trade union at work reports RTÉ:
https://www.rte.ie/news/business/2024/1119/1481690-workers-rights/
Fine Gael election manifesto rows back on Varadkar pledge for 10 paid sick days
Fine Gael has rowed back on plans to introduce 10 days of mandatory sick leave in its manifesto. Employees are currently entitled to up to five days’ employer-paid sick leave in a year, paid at 70% of gross salary up to a cap of €110 per day. The Fine Gael manifesto says it will “retain sick leave at five days per year” reports the Irish Mirror:
https://www.irishmirror.ie/news/irish-news/politics/fine-gael-manifesto-sick-days-34128955
SIPTU calls for public childcare Provision in Election Campaign
SIPTU has published its election demands to radically transform childcare for parents, children, educators and providers. SIPTU Sector Organiser, Diane Jackson, said: “Families struggle to find a place for their children, educators struggle with low pay and providers struggle to recruit and retain staff. Despite recent improvements, key problems remain entrenched. That is why SIPTU is calling on the next government to first roll out public childcare provision, alongside private and community providers. Secondly, for the State to fund employee wages, as is done in primary schools and, thirdly, reduce fees for parents.” You can read more here:
https://www.siptu.ie/siptu-calls-for-public-childcare-provision-in-election-campaign/
Labour commits to long-awaited overtime arrangements for defence forces in election manifesto
Labour has promised to fully implement the Working Time Directive within the Irish Defence Forces, so that personnel are fairly compensated for working overtime, if elected into government. Currently, the government has not fully implemented the EU’s Working Time Directive that outlines that any worker who is on the clock outside of rosters hours must be fairly compensated for members of the Defence Forces. More from the Journal:
https://www.thejournal.ie/labour-working-time-directive-defence-forces-6544373-Nov2024/
Sinn Féin’s proposed PRSI rebate for employers ‘unacceptable misuse of workers’ money’, union says
A commitment by Sinn Féin in its General Election manifesto to provide PRSI rebates worth more than €640m to businesses “hardest hit” by national minimum wage increases has been criticised by the Irish Congress of Trade Unions (Ictu) as “an unacceptable misuse of the money of workers”. At its manifesto launch the party committed to a range of measures intended to appeal to workers and trade unions including a commitment to legislate for increased collective bargaining, the right to retire at 65 on the State pension and an update to the Unfairs Dismissals Act which it said would include an “effective deterrent” to employers. More here from the Irish Times:
https://www.irishtimes.com/business/work/2024/11/19/sinn-feins-proposed-prsi-rebate-for-employers-unacceptable-misuse-of-workers-money-union-says/
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7. Grocery retailers facing increased wage pressures in 2025
Excel Recruitment's latest Grocery Retail Salary Guide 2025 reveals that while a minimum wage increase to €13.50 in January will help protect workers, it will also create a ripple effect on overall wages, pushing most stores to increase pay by at least 5%. According to Excel, new regulations on pension auto-enrolment and extended sick leave benefits will add to the pressure, making it difficult for retailers, particularly smaller and independent stores, to absorb the increased costs reports RTÉ:
https://www.rte.ie/news/business/2024/1121/1482101-grocery-retailer-salary-guide/
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8. Irish workers are turning into 'Zombies' as they struggle to switch off from work
A survey has found well over half, 59%, of Irish professionals are struggling to leave the office behind. For most employees, the law on working time and breaks is set out in the Organisation of Working Time Act 1997. But the research from recruitment firm Robert Walters found many workers were struggling to concentrate at work, including one in four workers admitted not being able to completely log-off from work which has directly resulted in them losing sleep. You can read more from Business Plus here:
https://businessplus.ie/business-insights/irish-zombie-workers/
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9. Safeguard your organisation against Slack legal and compliance risks
Every organisation using Slack as part of its collaboration technology stack should have a plan in place to handle legal, compliance, and HR investigations within its complex, sprawling dataset. This post explores what business leaders need to know about conducting eDiscovery in Slack data, the challenges it presents, and how to proactively secure their entire digital workplace. More from Mimecast:
https://www.mimecast.com/blog/the-complete-guide-to-ediscovery-in-slack/
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10. Just in Case You Missed It...
CRSD reporting requirements and key employee consultation obligations: How do I Handle it?
Claire Macken from RDJ LLP covers the mandatory sustainability reporting requirements and the key employee consultation obligations in the CRSD in her article here:
https://www.legal-island.ie/articles/ire/features/how-do-i-handle-it/2024/november/crsd-reporting-requirements-and-key-employee-consultation-obligations-how-do-i-handle-it/
Diversity and Inclusion in Hiring Practices: Legal Implications and Best Practices
Caroline Reidy from The HR Suite explores the legal implications of D&I initiatives in hiring, along with best practices for employers to ensure compliance with equality legislation while fostering an inclusive workplace. Read it here:
https://www.legal-island.ie/articles/ire/features/hr/2024/november/diversity-and-inclusion-in-hiring-practices-legal-implications-and-best-practices/
Why mark International Men’s Day?
Why do men need a day dedicated to their wellbeing? As we approach International Men’s Day, it’s clear that despite the gravity of men’s mental health issues, many organisations struggle to recognise the day meaningfully. With high rates of male suicide, homelessness, and educational challenges, this day presents a vital opportunity for awareness, action, and change. Read Andrew Pain's article to explore why it matters and how we can do better:
https://www.legal-island.ie/articles/ire/features/hr/2024/november/why-mark-international-mens-day/
Balancing Impact and Intent: Managing Workplace Behaviour During the Festive Season
As the festive season approaches, understanding the distinction between impact and intent in workplace interactions becomes essential. This article by Zara Mirza from AAB People explores why managing both aspects is crucial and offers practical tips for fostering respect and inclusivity at holiday gatherings.
https://www.legal-island.ie/articles/ire/features/hr/2024/november/balancing-impact-and-intent-managing-workplace-behaviour-during-the-festive-season/
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11. HR Developments
The excessive hiring practices scaring off skilled applicants
Excessive and drawn-out processes can have poor results in recruitment, with negative effects such as high costs and low morale. Silicon Republic provides guidance here:
https://www.siliconrepublic.com/advice/organisations-scaring-skilled-applicants-job-offers-recruitment-retention
By addressing workplace incivility, it’s possible to build a positive culture
Rude or aggressive behaviour at work is often tolerated, but it can lead to people feeling unsafe and compensating as a result. People Management looks at this in more detail:
https://www.peoplemanagement.co.uk/article/1896512/addressing-workplace-incivility-its-possible-build-positive-culture
Mediating workplace conflicts in six steps
What are the main causes of disputes and disagreements at work – and what can you do personally if you walk into the office one morning to find two of your colleagues or direct reports engaged in battle? Public Finance has guidance here:
https://www.publicfinance.co.uk/opinion/2024/11/mediating-workplace-conflicts-six-steps
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12. Health and Safety Developments
West Meath company fined €125,000 after incident involving worker falling from height
Shay Murtagh Precast Ltd, their Managing Director and Health and Safety Manager each pleaded guilty to breaches of charges under Health and Safety legislation. A fine of €125,000 was handed down by Judge Keelan Johnson. Costs of approximately €6,000 are also to be paid. The probation act was applied to both Ciaran Murtagh and David Whyte due to breaches under Health and Safety legislation. More here from the HSA:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2024/west_meath_company_fined_125_000_after_incident_involving_worker_falling_from_height.html
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13. Employment News in the Media
An IT manager fired shortly before the arrest of his former boss in connection with Ireland’s largest-ever seizure of crystal meth made national news has won nearly €78,000 for unfair dismissal and employment rights breaches. The award to the employee, David McCullagh, includes a full year’s salary in compensation for unfair dismissal, after he spent ten months out of work – as the Workplace Relations Commission (WRC) concluded his job search “may have been curtailed” by how the company, linked to the Ballyseedy Garden Centre, went out of business. Read more on this:
https://www.breakingnews.ie/ireland/wrc-orders-firm-led-by-kerry-crystal-meth-importer-to-pay-over-e77k-to-unfairly-dismissed-it-manager-1696069.html
A truck driver fired for clocking off for the night and leaving a load of concrete to go hard in a lorry has won €2,000 for unfair dismissal. Brian O'Neill secured an order for a reduced award against his former employer, Total Highway Maintenance Ltd, on foot of a complaint under the Unfair Dismissals Act 1977. More:
https://www.rte.ie/news/business/2024/1121/1482249-truck-driver-fired-for-letting-concrete-go-hard-gets-2k/
SIPTU Deputy General Secretary (DGS), Greg Ennis, has forecast industrial unrest and protest due to the Government’s failure to implement a new EU Directive that should necessitate the introduction of greater protections for trade union activists, at a SIPTU Divisional Conference in Waterford on Thursday, 21st November. Read more:
https://www.siptu.ie/siptu-dgs-says-irish-failure-on-workers-rights-will-see-industrial-action-and-protest/
Air cargo company Swissport has been ordered to pay over €44,000 to a compliance manager after its failure to follow "anything approaching fair procedures" when it accused him of misleading a State inspector and sacked him. The Workplace Relations Commission awarded the sum after ruling that Nicholas Collins, a veteran of nearly two decades' "unblemished" service with Swissport, was unfairly dismissed in December last year after the company failed a security inspection by the Irish Aviation Authority (IAA) two months earlier. More here from RTÉ:
https://www.rte.ie/news/business/2024/1118/1481600-air-cargo-compliance-manager-unfairly-fired-wins-44-000/
Wilma Creith is believed to have been one of the first people from Northern Ireland to have undergone gender reassignment surgery back in 1980 and her story has now inspired a play. Wilma began driving buses after meeting the then head of Ulsterbus and Citybus, Werner Huebeck. Mr Hueback gave her sick pay for five weeks to allow her to travel to Leeds and allow her to recover from surgery. Artistic director Paula McFetridge added: “He was even the first person to ring her after the operation. That level of support, because it came from the boss, meant that a lot of the bus drivers and a lot of those that were working in the unions, knew that they had to have respect for her and look out for her." You can read more here from the BBC:
https://www.bbc.co.uk/news/articles/ckgzxrl5ydro
A survey of members of An Garda Síochána, the Prison Service, the Fire Brigade and the Defence Forces has found high levels of concern over changes to pension entitlements introduced for those who joined after 2013. Almost three quarters of respondents said they believe they will have to find alternative employment before retirement age. You can read more on this from RTÉ:
https://www.rte.ie/news/business/2024/1119/1481791-uniformed-services-members-seeking-pension-reform/
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14. Free Webinars This Month
Did you miss our last webinar? Never worry, you can catch up below!
In HR and Feeling Like You’ve Missed the AI Revolution? Get up to Speed in Just 30 Minutes!
In thirty minutes, Barry Phillips, CEO of Legal Island and host of the UK’s first podcast on AI specially for HR, will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.
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.
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