This week's top 5:

1. 23% of job applicants uncomfortable supplying diversity data as part of application process
2. Are ‘feedback circles’ the next big thing in performance management?
3. One in three Dublin pubs claim they will cut staff if minimum wage increased
4. Study: 76% of global workers reporting digital information overload contributes to daily stress
5. Retirement age increase to 62 for firefighters, prison officers and military personnel under new legislation

And in other news………….now that summer (using the term loosely!) is coming to an end, we have FREE upcoming webinars to get you caught up on the latest developments - you can register here and here.

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Budget
4. Business and Employment Results
   
5. DEI
6. Firefighters, prison officers and military personnel can work for longer under new legislation
7. Just in Case You Missed It...
8. HR Developments
9. Health & Safety Developments
10. Employment News in the Media
11. Free Webinars This Month

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1. Case Law Review ⚓︎

Patrick O’Shea v MBC Products Ireland (Limited) MBC Project  [2024]

Reference: ADJ-00030303

Applicant: Patrick O’Shea

Respondent: MBC Products Ireland (Limited) MBC Project

Keywords: Unfair Dismissal, Reviews

Summary Sentence: Employee Awarded Over €63,000 for Unfair Dismissal

Practical Guidance for Employers: 
Follow Fair Procedures: Ensure that all disciplinary actions and dismissals are conducted in accordance with fair procedures. This includes providing the employee with a clear outline of the allegations against them, allowing them to respond, and conducting a thorough investigation before making any dismissal decision. Procedural fairness is crucial, and failing to adhere to it can lead to a dismissal being deemed unfair, regardless of the underlying reasons.

Document Performance Issues: Maintain detailed records of any performance-related concerns, including warnings, performance improvement plans, and any communications with the employee regarding these issues. This documentation is essential in defending the decision to dismiss if challenged.

Right to Appeal: Always provide the employee with the right to appeal a dismissal decision. This is a fundamental aspect of fair procedures and allows for any potential errors in the initial decision to be corrected.

Compliance with Employment Contracts: Ensure that any changes to employment contracts, such as salary revisions or target adjustments, are agreed upon in writing by both parties. Unilateral changes without employee consent can lead to disputes.

Handle Wage Deductions Lawfully: Any deductions from wages, including commissions, must be lawful and in line with the terms of the employment contract and relevant legislation. Disputes over wage deductions can result in significant financial liabilities for the employer.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/august/patrick-oshea-v-mbc-products-ireland-limited-mbc-project-2024/

Worker v Rehab Enterprises Limited [2024]

Reference: ADJ-00049146

Applicant: Worker

Respondent: Rehab Enterprises Limited

Keywords: Proportionality, Unfair Dismissal

Summary Sentence: Employer Unfairly Dismisses Employee found to have stolen.

Practical Guidance for Employers: 
Employers should take the following steps to ensure that disciplinary actions, particularly dismissals, are legally sound and justifiable:

Thorough Documentation of Decision-Making: Employers must ensure that those directly involved in the decision to dismiss are available to provide testimony and evidence during any subsequent legal proceedings. This includes documenting the reasoning behind the decision, considering all mitigating factors, and explaining why dismissal was chosen over less severe sanctions.

Consideration of Mitigating Factors: When dealing with cases involving employees with disabilities or other special circumstances, employers should take extra care to consider how these factors may have influenced the employee's behaviour. This should be documented in the decision-making process, demonstrating a balanced consideration of the employee's situation.

Fair and Transparent Process: Employers should ensure that the disciplinary process is transparent, with clear communication to the employee about the allegations, the evidence, and the reasoning for any decisions made. All steps of the investigation should be meticulously recorded.

Involvement of Relevant Parties: Decision-makers involved in the disciplinary action must be present at hearings and able to justify their decisions. Their absence could lead to a finding of unfair dismissal, even if the process appears fair otherwise.

Proportionality in Sanctions: Employers should apply the principle of proportionality, particularly in cases involving long-serving employees with a previously unblemished record. Dismissal should be carefully weighed against other possible sanctions, with a clear rationale for why less severe measures are not appropriate.

Training for Management: Provide training for managers on how to handle disciplinary actions, particularly in complex cases involving disabilities or mental health issues. This can prevent procedural errors that may lead to findings of unfair dismissal.

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

Are the kids alright? Helping Gen Z navigate volatile careers

Young people starting out now will bear witness to countless technological advancements and untold inventions. Uniquely human skills that are difficult to computerise are always going to be in demand, though young employees will need to learn how these advanced systems work and evolve amid ongoing AI adoption.  Going forward, Karie Willyerd, an advisor and chief learning officer in residence at Skillable believes it is unlikely that AI itself will replace humans in their jobs, rather, people with advanced AI skills will take over from those who lack the necessary talents. More from Silicon Republic:
https://www.siliconrepublic.com/careers/kids-alright-gen-z-navigate-volatile-careers

Google's AI search gives websites dire choice: Share data or die

Google now displays convenient artificial intelligence-based answers at the top of its search pages — meaning users may never click through to the websites whose data is being used to power those results. But many site owners say they can’t afford to block Google’s AI from summarising their content. That’s because the Google tool that sifts through web content to come up with its AI answers is the same one that keeps track of web pages for search results, according to publishers. Blocking Google, the way sites have blocked some of its AI competitors, would also hamper a site’s ability to be discovered online. More from the Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41458204.html

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3. Budget ⚓︎

One in three Dublin pubs claim they will cut staff if minimum wage increased

More than one in three pubs across Dublin say they will reduce staff if the Government increases the minimum wage in the next Budget. A survey by publicans’ representative group, the Licensed Vintners Association (LVA), also found more than a fifth of the pubs surveyed in the capital (21pc) said they would hire fewer new staff than previously planned, after a €1-an-hour increase was flagged for Budget 2025. Some 36pc claimed they would actually cut staff numbers as a result, while nearly half (46pc) said they would have to increase their prices reports the Irish Independent:
https://www.independent.ie/irish-news/one-in-three-dublin-pubs-claim-they-will-cut-staff-if-minimum-wage-increased/a201110216.html

Lack of childcare ‘driving parents out of the workforce’

Lack of childcare is “driving parents out of the workforce”, one provider has claimed.  In Budget 2024, the Government announced a €1.1 billion funding boost for childcare and early learning. Despite this, many parents are unable to find creche places for their children reports NewsTalk:
https://www.newstalk.com/news/lack-of-childcare-driving-parents-out-of-the-workforce-1757324

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4. Business and Employment Results  ⚓︎

CSO: Business in Ireland 2022 – Summary Results

The Central Statistics Office (CSO) has released the latest results and key findings include:

• Gross Value Added (GVA) for the Structural Business Economy was €424.2 billion
• Small and medium enterprises (SMEs) (<250 persons employed) accounted for more than 43% of turnover and almost 41% of GVA in 2022
• The Distribution sector accounted for the largest number of persons employed with 413,595 in 2022
• The Manufacturing sector accounted for the second largest number of persons employed with 264,220 in 2022, followed by the Accommodation & Food sector with 232,382 persons employed.
• Although Construction accounted for the largest number of active enterprises by sector in 2022, it was only the fifth largest sector in terms of employment with a total of 198,109 persons employed.

You can read more here:
https://www.cso.ie/en/releasesandpublications/ep/p-biisr/businessinireland2022summaryresults/

Minister Burke and Minister Chambers welcome latest figures showing further employment growth

The Q2 2024 Labour Force Survey and latest Monthly Unemployment Release show:

• employment continues to grow, with 70,800 jobs created in the year to Q2 2024
• total employment now stands at 2.74 million
• regions have driven this jobs growth – Employment outside of Dublin increased by 43,600 in the year to Q2 2024 (+2.3%)
• full time employment was up 62,300 (+3.0%) year on year in the second quarter, while part time employment was up 6,900 (+1.2%) year on year
• in July 2024, the seasonally adjusted unemployment rate was 4.7%, up from the revised rate of 4.5% in June 2024 and from a rate of 4.5% in July 2023

 Read more here:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/august/220820242.html

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5. DEI ⚓︎

Public organisations more likely than private companies to request diversity data

More than four in 10 (44%) public sector organisations are now requesting diversity data from potential employees compared to 19% of private sector enterprises, new research by Hays Ireland has found. More than three-quarters (77%) of professionals are happy to provide personal diversity data during the application process, while 23% are uncomfortable doing so. Applicants are most comfortable providing data on their gender, their age and ethnicity or nationality, but are less inclined to report their socio-economic background, their sexual orientation, and their mental health status. You can read more on this story from Business Plus:
https://businessplus.ie/jobs/diversity-data-hays/

National Strategy for Women and Girls

The Department of Children, Equality, Disability, Integration and Youth is developing the next National Strategy for Women and Girls which will build on the previous strategy objectives in areas such as leadership, social and economic issues, visibility and active participation, healthcare, and gender mainstreaming. The Department wants to gather views of the public to make sure a broad range of opinions and experiences are included when considering what are the key issues, and how best to deal with the key challenges facing women and girls. You can read more here:
https://www.gov.ie/en/press-release/536fe-press-release-online-survey-for-the-next-national-strategy-for-women-and-girls/

and you can complete the survey until September 30th here:
https://research3.ipsosinteractive.com/mrIWeb/mrIWeb.dll?I.Project=IE23039212WE

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6. Firefighters, prison officers and military personnel can work for longer under new legislation ⚓︎

Minister for Public Expenditure Paschal Donohoe is to formally commence provisions of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 to facilitate an increase in the mandatory retirement age for firefighters, prison officers and members of the permanent Defence Forces to 62, for those who choose to avail of it. The Government will soon introduce measures to raise the age limit at which gardaí must leave the force as well reports the Irish Times:
https://www.irishtimes.com/business/work/2024/08/19/firefighters-prison-officers-and-military-personnel-can-work-for-longer-under-new-legislation/

Number of workers who expect to work past 70 doubled since pandemic

The number of workers in Ireland under the age of 50 who expect to have to work past the age of 70 has doubled since the pandemic, according to the new survey by WTW.  Nearly one in three (29%) of workers under 50 now expect to work past age 70, up from 16% before the pandemic in 2019 reports Business Plus:
https://businessplus.ie/business-insights/workers-retire/

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7. Just in Case You Missed It... ⚓︎

Caroline Reidy from The HR Suite breaks down the three crucial measures introduced by the EU Transparency Directive and highlights the essential steps employers need to take:
https://www.legal-island.ie/articles/ire/features/hr/2024/august/eu-pay-transparency-directive/

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8. HR Developments ⚓︎

The 25-Minute Resilience Revolution: How top teams beat burnout and boost performance

Resilience isn't just a buzzword in today's volatile business landscape—it's a critical skill for survival and success. Yet, research at the Ferrazzi Greenlight Research Institute has uncovered a startling gap: only 14% of team members feel they have a collective responsibility to lift each other's energy and mental well-being. In most teams, resilience is still seen as an individual responsibility. While resilience is crucial for navigating uncertainty and maintaining high performance, the vast majority of teams are missing out on the power of collective resilience. This article from Forbes outlines the concept of ‘teamship’ and the 25 minute resilience spot check:
https://www.forbes.com/sites/keithferrazzi/2024/08/15/the-25-minute-resilience-revolution-how-top-teams-beat-burnout-and-boost-performance/?ss=chro-network

How to embed your company values

Living your core values is essential to a successful company culture. This article from Startups outlines steps you can take to make sure your actions speak as loudly as your words:
https://startups.co.uk/strategy/embedding-your-company-values/

Are ‘feedback circles’ the next big thing in performance management?

Modern workplaces are centred on people. With many taking a hybrid approach, in-office time has become people-centric; it’s focused on collaborative working and relationship building. With this shift, we may need to think differently about performance management. This article from HR Director looks at HR’s strategic role in bridging the gaps between employer and employee experience of performance related conversations and guiding effective management practices:
https://www.thehrdirector.com/features/performance-management/feedback-circles-next-big-thing-performance-management-2/

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9. Health and Safety Developments ⚓︎

Impacts to employee well-being due to information in the digital workplace

With growing numbers of workers relying on the digital workplace to get work done, attention is increasingly focused on the well-being impacts of digital working. A study by the University of Nottingham explored stress, burnout and mental health issues that can arise for employees as a result of demands they experience when using technology at work, with 76 percent of global workers reporting information overload contributes to their daily stress:
https://journals.sagepub.com/doi/10.1177/21582440241268830

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10. Employment News in the Media ⚓︎

A woman who was penalised after making protected disclosures alleging financial "profligacy" by the youth charity she worked for has been awarded €75,000 by the Workplace Relations Commission (WRC). Suzanne Picton was employed as the financial controller and administration coordinator at Matt Talbot Adolescent Services Clg in Cork. The WRC found Ms Picton was "penalised by her line manager, the then CEO of the organisation, and to a lesser extent by the board". She said the complainant was "targeted, sidelined and penalised and her role diminished as a direct result of her having raised concerns and made protected disclosures." You can read more here from RTÉ:
https://www.rte.ie/news/business/2024/0821/1466079-woman-penalised-for-protected-disclosures-awarded-75-000/

Businesses have been urged to preserve all internal data following a €15.9m fine issued by the European Commission to a company earlier this year. The European Commission fined International Flavors & Fragrances Inc and International Flavors & Fragrances France SAS (IFF) after it discovered a senior employee at the company intentionally deleted WhatsApp messages during an antitrust investigation. More from the Irish Independent:
https://www.independent.ie/business/15m-fine-for-deleted-whatsapp-message-is-a-wake-up-call-for-executives/a264096298.html

A senior IT worker whose role was filled while he was absent due to a cancer diagnosis has been awarded €50,000 by the Workplace Relations Commission. Complainant Mark Lawlor worked as a chief technical officer at DNA IT Solutions from July 2018, on a salary of €7,500 gross a month, but in February 2021, he was diagnosed with cancer and commenced treatment. Read about the case here:
https://www.rte.ie/news/business/2024/0822/1466259-worker-awarded-50k-after-role-filled-while-he-had-cancer/

A foreign national and his employer were placed in a "Kafkaesque situation" when immigration officials wrongly claimed that he was not entitled to work in Ireland, the Workplace Relations Commission (WRC) has said. The worker, Erik Fernando Policarpo, lost his unfair dismissal case against his former employer Euro Farm Foods, based in Cooksgrove, Duleek, Co Meath. The employer, who is engaged in beef processing, said Mr Policarpo was laid off due to actions outside their control or the control of the employee. Dismissing Mr Policarpo's claim, the WRC acknowledged that both parties had been placed in a "Kafkaesque situation" by the Garda National Immigration Bureau (GNIB) who determined the complainant had been working illegally at the plant reports RTÉ:
https://www.rte.ie/news/business/2024/0815/1465154-officials-wrongly-told-foreign-national-he-couldnt-work/

The SIPTU Workers’ Rights Centre has secured an award of €11,500 against Deputy Violet Anne Wynne in a case concerning worker Fiona Smyth, who was unfairly dismissed, without any proper recourse to fair procedures, by the TD. The WRC Adjudicator, Louise Boyle, said in her decision that “The respondent failed to engage in any procedures prior to dismissal, failed to provide the complainant with a reason for the dismissal, failed to provide an appeals process and would not engage with mediation. Whatever the reason(s) for the dismissal which from Ms. Wynne’s evidence appears to have been varied, it is difficult to see how the decision to dismiss is within the range of reasonable responses of a reasonable employer in the circumstances.” More from SIPTU:
https://www.siptu.ie/siptu-secures-e11500-pay-out-for-worker-unfairly-dismissed-by-violet-anne-wynne-td/

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11. Free Webinars This Month ⚓︎

HR’s Role in Addressing Domestic Abuse

Tuesday 3rd September, 11:00am - 11:45am

As HR professionals, safeguarding the well-being of our employees is a paramount responsibility. Unfortunately, domestic abuse is an issue that affects many; in 2023, more than 54,000 domestic abuse complaints were made to An Garda Síochána, marking an 8% rise compared to the previous year. Domestic abuse and its repercussions often extend into the workplace, impacting productivity, morale, and overall health. It is essential HR makes a positive impact by fostering a supportive workplace culture to those affected.

In this webinar, Emma Quinn from Eversheds Sutherland joins Victoria Smith from Legal Island to discuss this topic. Emma will set out the practicalities and will provide her legal insights to help you:

• Gain practical strategies to support employees dealing with domestic abuse, ensuring their safety and well-being at work.
• Know your legal responsibilities under the Work Life Balance and Miscellaneous Provisions Act by providing Statutory Domestic Violence Leave for staff.

Our expert speakers will provide guidance to help you handle these sensitive situations with empathy and effectiveness. Victoria will also take your questions at the end and discuss with Emma on what HR can and should be doing to tackle this issue. NOTE: – send questions in live during the webinars or drop a line in advance to webinars@legal-island.com Anonymity assured.

You can reserve your spot here: https://attendee.gotowebinar.com/register/4506468694327002207?source=WR

Comparative Law Webinar with Lewis Silkin LLP

Thurs 19th Sept, 11am - 11.45am

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.

Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:

• Zero-hours contracts
• Family rights
• Domestic abuse

This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP.

Register for free: https://attendee.gotowebinar.com/register/2564054959976973149?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