This week's top 5:
- Annual Review Session of the Week: Decoding ‘Toxicity’: Identifying and Rectifying Toxic Workplace Norms
- 1,000 school vacancies due to difficulties finding staff
- Heineken ordered to pay over €29,000 to employee sacked after HR team ignored “rough-and-tumble” work culture
- 63 per cent of employees report increase in discriminatory remarks or jokes at work
- Over a third of workers admit to posting about their job or employer negatively on social media
And in other news…………. This week Barry Phillips tries to make sense of all the versions of ChatGPT4 now available and asks which is best for HR. Listen here!
- Annual Review Session of the Week: Decoding ‘Toxicity’: Identifying and Rectifying Toxic Workplace Norms
- Case Law Review
- AI and Employment Law
- Managing retirement and mandatory retirement ages in Ireland
- Remote Working
- A quarter of people report rise in far-right sentiment in the workplace
- Women in the workplace
- Recruitment and retention
- Government approves enhancements to Irish SME Test
- Absence during extreme weather events
- Just in Case you Missed It
- HR Developments
- Employment News in the Media
- Friends of Legal Island
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1. Annual Review Session of the Week: ⚓︎
Decoding ‘Toxicity’: Identifying and Rectifying Toxic Workplace Norms
In nearly every organisation, someone views their workplace as ‘toxic,’ a term used to describe everything from severe issues like unethical behaviours and discrimination to everyday challenges like long hours and burnout. The impact of a toxic workplace can lead to disengagement, retention problems, and reputational damage. Join Niamh Gaffney, Organisational Psychologist & Coach from KinchLyons, as she explores effective strategies to foster a healthier, more productive work environment. Learn to identify toxic behaviours, address them effectively, and develop leadership styles that promote positivity and productivity.
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 ⚓︎
A Worker v A Council
Reference: IR - SC - 00001955
Applicant: A Worker
Respondent: A Council
Key Words: Pay Disparity; Contract Dispute; Conciliation.
Summary Sentence: Worker disputed her pay, contract terms, and lack of recognition for managerial duties, leading to multiple unresolved conciliation attempts and a referral to the WRC for resolution.
Practical Guidance for Employers:
- Ensure Clear Communication: Maintain open and transparent communication with employees regarding their roles, responsibilities, and compensation to avoid misunderstandings.
- Document Agreements: Keep detailed records of employment agreements, changes in terms, and any offers made during negotiations to support dispute resolution.
- Adhere to Contractual Obligations: Ensure compliance with legal and contractual terms, particularly concerning pay scales, overtime, and pension schemes.
- Fair Compensation Assessment: Include all regular and recurring payments (e.g., overtime) when calculating compensation during layoffs or disputes.
- Offer Mediation and Conciliation: Engage in conciliation early to address grievances and seek fair resolutions to avoid escalation.
- Review Policies and Practices: Regularly evaluate and update employment policies, ensuring they align with industry standards and legal obligations.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/a-worker-v-a-council/
Rachel Smyth v Metron Stores Limited t/a Iceland (in liquidation)
Reference: ADJ-00047680
Applicant: Rachel Smyth
Respondent: Metron Stores Limited t/a Iceland (in liquidation)
Keywords: Pregnancy; Discrimination.
Summary Sentence: Pregnancy discrimination found; €51,000 awarded.
Practical Guidance for Employers:
Employers should note:
Employment Equality Acts 1998-2015:
These acts protect against discrimination on various grounds, including gender, which explicitly covers pregnancy and maternity-related discrimination. Employers must ensure pregnant employees are not treated less favourably and that their rights are upheld during pregnancy, maternity leave, and return to work.
Maternity Protection Acts 1994 and 2004:
These acts provide the statutory framework for maternity leave entitlements, rights during maternity leave, and protection from dismissal during pregnancy or maternity leave. They outline obligations for employers regarding maternity leave duration, pay (if applicable), and return-to-work rights.
Safety, Health and Welfare at Work (Pregnant Employees) Regulations 2007:
These regulations address the specific health and safety considerations for pregnant employees, those who have recently given birth, or those who are breastfeeding. Employers must conduct risk assessments and ensure a safe working environment for such employees.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/rachel-smyth-v-metron-stores-limited-ta-iceland-in-liquidation-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 ⚓︎
ChatGPT Version What, What, What?
This week Barry Phillips tries to make sense of all the versions of ChatGPT4 now available and asks which is best for HR.
Hollywood celebrities among thousands warning against AI
A new statement is the latest attempt by creatives to protect their work from the growing AI bubble. More than 13,000 creatives from around the world, including famous actors, singers and authors have signed a statement warning artificial intelligence (AI) companies that the unlicensed use of their work to train generative AI models is a “major, unjust threat” to their livelihoods. Read more:
https://www.siliconrepublic.com/machines/fairly-trained-ai-training-data
AI adoption by SMEs grows despite cyberattack scurge
Advanced digital tech key to improving performance of Irish SMEs. However, firms are struggling with the costs of an increasing spate of cyberattacks. More:
https://www.thinkbusiness.ie/articles/ai-digital-adoption-cybersecurity-irish-sme/
TFI apologises for 'frustration' caused over use of AI images in promotional campaign
Transport for Ireland has apologised to critics for any “frustration” that was caused after it used art generated by artificial intelligence (AI art) in a promotional campaign this week. The imagery was included in a promotional campaign for a contest that gave members of the public a chance to win €50 free travel credit on their Leap card if they correctly guessed who the characters portrayed in the AI art were. Find out more:
https://www.thejournal.ie/tfi-ai-art-6523664-Oct2024/
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4. Managing retirement and mandatory retirement ages in Ireland ⚓︎
A decision handed down by the Irish Supreme Court over the summer has been widely welcomed by employers and provides much needed clarity on whether the setting of a blanket contractual mandatory retirement age can be objectively justified. Síobhra Rush of Lewis Silkin provides her views here:
https://www.lewissilkin.com/en/insights/managing-retirement-and-mandatory-retirement-ages-in-ireland
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5. Remote Working ⚓︎
Once a month back in office 'reasonable' deal for worker – WRC
A tribunal has called it "reasonable" for a company to ask a Kerry-based worker who had been on a fully remote contract to travel to an office in Dublin once a month - after his employer pulled back from requesting him back on site at least twice a week. RTE has more:
https://www.rte.ie/news/business/2024/1023/1477047-once-a-month-back-in-office-reasonable-deal-for-worker/
It's time to dispel the notion that anyone benefits if you come to work ill - or work remotely while unwell
You wake up with a cough and a slight fever so should you go to work? What about if you work remotely? For too many workers, the answer is yes. Working while sick is sometimes referred to as "presenteeism", the notion that you should be present in the workplace even if you are in no shape to contribute to your work group, says Professor Kevin Murphy from the University of Limerick. More here from RTÉ’s Brainstorm:
https://www.rte.ie/brainstorm/2024/1022/1476525-illness-sick-workplace-employee-employer-pressure-remote-working/
Employees resisting efforts to force them back to the office, reports show
Workers are resisting a full-time return to the office while some employers push for more days on-site, according to two major reports published today. The studies shine a light on the workplace power struggle that has emerged since the Covid-19 pandemic. There is a clear pushback from -employees despite some employers such as Amazon ordering staff to adopt the traditional five days a week in the office that used to be the norm. Over half of employers said it was now more difficult than finding candidates for hybrid and remote jobs. You can read more here from the Irish Independent:
https://www.independent.ie/irish-news/employees-resisting-efforts-to-force-them-back-to-the-office-reports-show/a1649846842.html
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6. A quarter of people report rise in far-right sentiment in the workplace ⚓︎
One in four people have witnessed a recent rise in far-right sentiment or behaviour in their workplace, according to a new report. Matrix Recruitment published the first part of its annual Workplace Equality Report, which was conducted online in August among 1,283 adults in Ireland working across a broad range of industries, sectors and regions. When asked in what way far-right sentiment manifested itself 63 per cent reported a marked increase in discriminatory remarks or jokes at work, while about half said colleagues were minimising or dismissing verified facts related to discrimination of minority groups. More from the Irish Times:
https://www.irishtimes.com/business/2024/10/22/a-quarter-of-people-report-rise-in-far-right-sentiment-in-the-workplace/
And here's a handy guide to see what the neighbours are up to...
Global HR Law Guide update: Discrimination
The Ius Laboris Global HR Law Guide takes you through the legal aspects of the entire employment journey, with 16 chapters covering recruitment through pensions in over 50 countries. It is a valuable tool for HR and in-house counsel and can be found here:
https://iuslaboris.com/insights/global-hr-law-guide-update-discrimination/
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7. Women in the workplace ⚓︎
Workplace Wellbeing: No need to sweat the change at work
The Irish Examiner talks to legal and wellbeing experts on supporting women in the workplace who are experiencing the effects of perimenopause and menopause for a win-win for employees and employers:
https://www.irishexaminer.com/lifestyle/healthandwellbeing/arid-41497667.html
Domestic abuse reports to Gardai triple in decade
Domestic abuse calls have tripled over the course of a decade, new statistics have found. 11,675 reports were made of domestic violence to Gardaí in the first three months of 2024, with figures jumping to nearly 50,000 reports last year. More from Extra:
https://extra.ie/2024/10/20/news/domestic-abuse-calls-gardai
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8. Recruitment and retention ⚓︎
Thousands of children left with unqualified teachers amid staffing ‘crisis’
Primary school leaders say a crisis in teacher supply is forcing schools to rely on individuals without teaching qualifications to plug gaps in the classroom. A national survey of primary schools also found there were almost 1,000 vacancies due to difficulties finding staff to fill permanent, fixed-term and long-term substitute teaching posts. More from the Irish Times:
https://www.irishtimes.com/ireland/education/2024/10/21/thousands-of-children-left-with-unqualified-teachers-amid-staffing-crisis/
Building firms offering packages to attract international talent
New research from Sonas Technical shows that 40% of Irish engineering and construction firms are now offering financial incentives and relocation packages to attract international talent. The research identifies cost of living and housing shortages as major barriers preventing skilled workers, including returning Irish expats, from relocating to Ireland, according to RTÉ:
https://www.rte.ie/news/business/2024/1021/1476512-business/
ESRI: The impact of a minimum wage increase on hours worked
A minimum wage increase could lead to adverse employment effects for certain subgroups of minimum wage workers, while leaving others unaffected. The researchers found a negative impact on the hours worked among men on minimum wage, with no significant effect for women. This is due to the disproportionate number of men working in sectors that show the greatest impact on hours. You can find out more here:
https://www.esri.ie/publications/the-impact-of-a-minimum-wage-increase-on-hours-worked-heterogeneous-effects-by-gender
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9. Government approves enhancements to Irish SME Test ⚓︎
The Minister for Enterprise Trade and Employment, Peter Burke TD, welcomed the government decision to agree the revised guidelines and template for the application of the SME Test. The enhanced test will be rigorously applied by all government departments to major new measures that will directly or indirectly impact small and medium sized enterprises. You can read the full statement here:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/october/20241022.html
The Guidelines and template for application of the SME test can be found here:
https://enterprise.gov.ie/en/publications/guidelines-and-template-for-application-of-the-sme-test.html
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10. Absence during extreme weather events ⚓︎
The WRC has highlighted their Notice on extreme weather events. Have a look here:
https://www.workplacerelations.ie/en/news-media/workplace_relations_notices/absence_during_extreme_weather_events.html
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11. Just in Case you Missed It ⚓︎
Providing Employee References: Essential Considerations and Legal Implications for Employers
The issue of employees providing references without authority has received a lot of media coverage in recent weeks. In this article, Triona Cody explores some of the commonly asked questions in relation to providing references. Read in full:
https://www.legal-island.ie/articles/ire/features/supplementary/2024/october/providing-employee-references-essential-considerations-and-legal-implications-for-employers/
Leave for Medical Care Purposes
This leave was introduced via the Work Life Balance and Miscellaneous Provisions Act 2023. To avail of this leave, it is important for both employees and employers to understand the rights and obligations in relation to Leave for Medical Care purposes and how it differs from other types of statutory leave. Caroline Reidy of HR Suite has more:
https://www.legal-island.ie/articles/ire/features/hr/2024/october/leave-for-medical-care-purposes/
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12. HR Developments ⚓︎
Are you confusing being busy with being productive in your working day?
If you feel as though you are always busy, yet you aren’t meeting your goals or targets, then you may be working reactively, not proactively. Catch up here:
https://www.siliconrepublic.com/careers/confusing-busy-productive-working-day-organisational-skills
TikTok becomes the new water cooler, as workers vent about their jobs online
Over a third of workers overall (and about half of Gen Zers) admit to posting about their job or employer negatively on social media, according to a recent survey from Owl Labs including responses from over 2,000 full-time U.S. workers. About 20% have posted content negatively related to their job on their personal social channels like X, Instagram and Facebook, and 15% posted on their personal TikTok accounts. Some 13% have posted anonymously on sites like Glassdoor. And 15% admit to recording conversations or meetings with their employer. Digiday has more on this:
https://digiday.com/media/tiktok-becomes-the-new-water-cooler-as-workers-vent-about-their-jobs-online/
Younger LGBTQ+ staff look for visible allies before accepting job offers, survey reveals
80 per cent of LGBTQ+ Gen Z students and graduates are more inclined to accept a job offer if they see visible allies in senior positions. As a result, myGwork, a business community for LGBTQ+ professionals, has warned that employers may struggle to attract younger talent if their leadership teams do not reflect a diverse workforce. You can read more from People Management here:
https://www.peoplemanagement.co.uk/article/1892795/younger-lgbtq+-staff-look-visible-allies-accepting-job-offers-survey-reveals
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13. Employment News in the Media ⚓︎
A software company's "policy" of never giving employment references in writing "contributed" to a salesman's loss of earnings when he was left out of work following his unfair dismissal, a tribunal has found. More:
https://www.rte.ie/news/business/2024/1024/1477264-software-salesman-awarded-42-000-by-wrc-over-dismissal/
Unemployed people who refuse to engage with social welfare employment services will see their Jobseeker’s Benefit cut by €90 under a plan quietly signed off by the Government after the Budget. In one of her last acts as Social Protection Minister, Heather Humphreys decided to double the fine imposed on unemployed people in receipt of jobseeker payments who do not engage with her department. The previous reduction imposed on people who do not engage with social welfare services on two occasions was €44, but Ms Humphreys doubled the penalty to €90 in the Social Welfare Bill which passed through the Dáil unnoticed. You can read more on this from the Irish Independent:
https://www.independent.ie/irish-news/fines-for-jobless-who-refuse-to-engage-with-employment-services-doubled-to-90/a1411768942.html
Heineken has been ordered to pay just over €29,000 to a sacked employee after its human resources team ignored the “rough-and-tumble” work atmosphere at its brewhouse in concluding that he had engaged in the bullying and harassment of two colleagues – which he denied. The worker, Keith Hackett, had originally sought €90,000 for loss of earnings after being sacked by Heineken Ireland Ltd in October 2022 – but was awarded less than a quarter of that after the Workplace Relations Commission (WRC) found that a “serious disciplinary sanction” would have been warranted instead reports the Irish Times:
https://www.irishtimes.com/business/2024/10/21/rough-and-tumble-brewery-work-culture-ignored-in-heineken-bullying-probe-wrc-finds/
A chef has told the Workplace Relations Commission (WRC) that he worked over 220 hours in a fortnight to get a Limerick City restaurant up and running but later backed his colleagues when they decided to shut it down after their employer missed payroll for the second month in a row. "They decided to close the restaurant because they didn't get paid. I think everyone should receive pay for working. If they don’t get paid, they shouldn’t have to work. I agree with them," he said. More:
https://www.rte.ie/news/business/2024/1023/1477092-chef-tells-wrc-he-worked-222-hours-in-a-fortnight/
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14. Friends of Legal Island ⚓︎
Congratulations to several friends of Legal Island on being recognised in the Business Post’s inaugural Legal 100 list. Stars such as RDJ Employment Partner, Jennifer Cashman and Michelle Ní Longáin of Byrne Wallace are listed along with many others firms such as Arthur Cox, A&L Goodbody, McCann Fitzgerald and many more who deserve recognition for their great work (but we knew that already!). The Legal 100 celebrates top legal professionals across various sectors including real estate, insolvency, technology, intellectual property, employment law, and more. The full list is here:
https://lnkd.in/eksv6-KQ
Huge congratulations to all from Legal Island!
We hope you enjoy the long weekend!
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