This week's top 5:

1. €35,000 in compensation for employee's unfair dismissal over posts on social media about Palestine
2. Cyber-resilience in wake of CrowdStrike - what does this mean for employers?
3. 57% of UK employees don’t consider shouting as bullying - survey
4. Law banning NDAs in cases of sexual harassment brought to Cabinet
5. 142% increase in demand for AI professionals over past 6 months

And in other news………….Barry Phillips considers the importance of the launch this week of ChatGPT4omini and how it may help HR tool-up. Listen here!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. CrowdStrike update that caused global outage likely skipped checks – experts
4. Cabinet approves plan to allow women suffering serious illness to defer maternity leave
5. Launch of new National Skills Council
6. €35,000 in compensation for employee fired over social media posts about Palestine
7. Just in Case You Missed It...
8. HR Developments
9. Health & Safety Developments
10. Employment News in the Media
11. Friends of Legal Island
12. Free Webinars This Month

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1. Case Law Review

A Worker -v- A Government Body [2024]

Applicant: A Worker

Respondent: A Government Body

Keywords: Hiring Policies, Terms of Job Offer

Summary: Worker had Job Offer Retracted Unfairly

Practical Guidance for Employers: Employers should ensure job advertisements clearly outline all role requirements, including specific definitions for any terms such as "unendorsed licence." It's crucial to maintain consistency and transparency in the selection process and criteria. If policies change, communicate them promptly and uniformly. Ensure all departments involved in recruitment are aligned on these policies to avoid misunderstandings and ensure fair treatment of all candidates. Regularly review and update job requirements to reflect current standards and practices accurately. This helps prevent disputes and ensures a fair selection process.

The review in full can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/july/a-worker-v-a-government-body-2024/

Gráinne Sherlock -v- Pluralsight Ireland Ltd

Applicant: Gráinne Sherlock

Respondent: Pluralsight Ireland Ltd

Keywords: Unfair Dismissal, Redundancy

Summary: Award of €112,000 for unfair dismissal

Practical Guidance for Employers: 

• Ensure Transparency: Clearly communicate the criteria and process for selection during redundancy to all employees. Lack of transparency can lead to perceptions of bias and unfairness.
• Objective Criteria: Use consistent, objective criteria for performance evaluations and competency assessments to avoid any claims of subjectivity or bias.
• Document Process: Keep thorough documentation of the selection process, including criteria used, decision-making rationale, and any communications with employees.
• Consultation and Feedback: Engage in proper consultation with affected employees and provide feedback opportunities. Involve HR to ensure fairness and adherence to legal standards.
• Appeal Mechanism: Provide a fair and transparent appeal mechanism for employees to contest decisions, ensuring the process is viewed as impartial.

The review in full can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/july/grainne--sherlock-v-pluralsight-ireland-ltd-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

Demand for AI professionals up 142% in six months

Demand for workers with specialist skills in artificial intelligence has more than doubled over the past six months as the technology sector reconfigures itself following recent retrenchment. Accenture's latest Talent Tracker study has found a 142% increase in demand for AI skills, far outpacing the growth in demand for data analytics (+36%) and cloud computing (+21%) as well as the listings for technology jobs more widely, which increased by a substantial 16.3%. Business Plus has more here:
https://businessplus.ie/news/ai-professionals-142pc/

AI safety measures: a comparative chart

Unsurprisingly there is no global standard on AI regulation. But Lewis Silkin provides a helpful overview of the existing and proposed safeguards intended to protect individuals where AI systems are introduced into the workplace:
https://www.lewissilkin.com/en/insights/ai-safety-measures-a-comparative-chart

The launch of ChatGPT4omini - what does it mean for us in HR?

In this episode Barry Phillips considers the importance of the launch this week of ChatGPT4omini and how it may help HR tool-up.

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/july-2024/the-launch-of-chatgpt4omini--what-does-it-mean-for-us-in-hr/ 

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3. CrowdStrike update that caused global outage likely skipped checks – experts

Security experts said CrowdStrike's routine update of its widely used cybersecurity software, which caused clients' computer systems to crash globally on Friday, apparently did not undergo adequate quality checks before it was deployed. Faulty code in the update files resulted in one of the most widespread tech outages in recent years for companies using Microsoft's Windows operating system. Global banks, airlines - including Ryanair - hospitals and government offices were disrupted. RTÉ has more here:
https://www.rte.ie/news/business/2024/0722/1461106-crowdstrike/

What are the main cyberthreats facing companies right now?

BT Ireland’s Michael McNamara talks to Silicon Republic about the upcoming NIS2 Directive, which will look to boost the cyber resilience of companies even further, and will include cyber hygiene requirements, penalties for non-compliance, and a reduction in the time limit for reporting major cyber incidents to national bodies. Along with the Digital Operational Resilience Act (DORA), companies have to step up their game when it comes to cyber resilience. But what do they need to think about?
https://www.siliconrepublic.com/enterprise/cyberthreats-nis2-directive-cybersecurity-bt-ireland

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4. Cabinet approves plan to allow women suffering serious illness to defer maternity leave

The Cabinet has approved a plan to allow women to defer their maternity leave by 52 weeks if they are suffering from a serious illness and need to take time to seek treatment. The plans will ensure that women who are undergoing treatment for cancer or any other serious illnesses will not be forced to use their leave. The Maternity Protection Act 2004 stipulates that anyone who is diagnosed with cancer or any other serious illness during pregnancy must use their maternity leave to cover their treatment. While men can postpone their paternity leave in case of sickness, women don’t have the same right at present. This amendment will change that reports the Journal:
https://www.thejournal.ie/plans-approved-for-maternity-leave-in-ireland-6445296-Jul2024/

And...

Law banning NDAs in cases of sexual harassment brought to Cabinet

Legislation banning the use of non-disclosure agreements (NDAs) in cases of sexual harassment has been brought to Cabinet by Minister for Equality Roderic O’Gorman. It is expected that the legislation will be passed through the Oireachtas in the autumn when the Dáil returns in September. O’Gorman will also bring a second change to the Equality Employment Act to Cabinet in relation to maternity leave which will allow for maternity leave to be deferred in cases of serious physical or mental illness reports the Journal: 
https://www.thejournal.ie/ndas-banned-maternity-leave-6444447-Jul2024/

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5. Launch of new National Skills Council

The newly reformed National Skills Council is a new strategic partnership on skills forged between the government, industry, and the social partners. The new Council, led by Chair Dr Kevin Marshall, will work independently to provide Government with strategic foresight and expert advice in the area of skills development in Ireland. The full press release is here:
https://www.gov.ie/en/press-release/70719-minister-odonovan-launches-revolutionary-partnership-on-skills-with-the-establishment-of-the-new-national-skills-council/

Public consultation on the European Union’s Traineeships Directive

The Department of Enterprise, Trade and Employment is seeking the views of stakeholders on the European Commission’s proposal for a Directive of the European Parliament and of the Council on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships. Views from stakeholders and interested parties are requested no later than 5pm on Friday, 30 August 2024:
https://enterprise.gov.ie/en/consultations/public-consultation-on-eu-traineeships-directive.html

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6. Courtney Carey, fired by Wix over social media posts about Palestine, wins €35,000 in compensation

Courtney Carey, the worker who was fired by Israeli tech firm Wix over posts on social media about the conflict in Palestine, has won €35,000 in compensation for unfair dismissal. Ms Carey, a customer care team leader who was sacked by Wix Online Platforms Ltd last October, was awarded the sum on foot of a complaint under the Unfair Dismissals Act 1977 to the Workplace Relations Commission (WRC). “It was like I was blacklisted from the tech sector,” Ms Carey told the tribunal at a hearing last month reports the Irish Times:
https://www.irishtimes.com/ireland/2024/07/22/courtney-carey-fired-by-wix-over-social-media-posts-about-palestine-wins-35000-in-compensation/

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7. Just in Case You Missed It...

Work Life Balance and Employee Wellbeing

Caroline Reidy of The HR Suite outlines how proactive measures can lead to a happier, healthier, and more productive workplace for all. Read the article here:
https://www.legal-island.ie/articles/ire/features/hr/2024/july/work-life-balance-and-employee-wellbeing/

ChatGPT as your Personal HR Coach/Mentor?

Barry Phillips reports on his experiments to create an executive coach for people in HR:
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/july-2024/chatgpt-as-your-personal-hr-coachmentor/

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8. HR Developments

AI, burnout, inclusivity and falling budgets are causing sleepless nights

New research from the Chartered Institute of Marketing (CIM) highlights the issues keeping marketers up at night in 2024. The findings include:

• 44% of respondents stating that their team has not become more diverse within the last 12 months
• 65% believe AI is being introduced too quickly
• 59% of 25-34 year olds indicated they were worried about experiencing burnout

HR Director has more here:
https://www.thehrdirector.com/business-news/ai/ai-burnout-inclusivity-falling-budgets-causing-sleepless-nights/

Be flexible about staff watching Olympics, employers urged

UK Workplace expert, Acas, has issued top tips to help employers prepare for potential issues that could arise during the 2024 Olympics Games in Paris that start on Friday. Paris 2024 will take place between Friday 26 July and Sunday 11 August 2024. Acas advises employers and small businesses to have agreements in place that cover requests for time off, sickness absence, website use during working hours or watching TV during this period:
https://www.acas.org.uk/acas-urges-employers-to-aim-for-gold-medal-team-line-ups-for-the-olympic-games

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9. Health and Safety Developments

Being bullied at work? Here's how to handle a toxic work environment

New research by the law firm Wright Hassall has found that nearly half of all UK employees have been bullied, or have witnessed bullying, at work. This rises to 59% when looking solely at female respondents. The survey also indicated how some of us perceived certain worrying behaviours as being acceptable when in the office:

• 57% didn’t consider shouting as bullying
• 35% didn’t think making jokes at the expense of a colleague counted
• 12% believed intimidation was acceptable
• 21% believed that spreading rumours about a workmate was justifiable

More here from Harpers Bazaar:
https://www.harpersbazaar.com/uk/people-parties/bazaar-at-work/a61635745/workplace-bullying/

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10. Employment News in the Media

A clerk at a logistics company who claimed she was "deceived" into clocking up hundreds of hours of unpaid overtime by working until 11pm nearly every day on the "promise of a promotion" has won €10,000 in compensation for excessive working hours. Read in full:
https://www.rte.ie/news/business/2024/0725/1461796-worker-deceived-into-unpaid-overtime-wins-10-000/

Lawyers lined the front of the Four Courts yesterday during the third and final day of withdrawal of services by criminal barristers this legal term. The Bar Council has said there is a “leadership vacuum in government” and that the situation remains at an impasse following some correspondence with Taoiseach Simon Harris and justice minister Helen McEntee. It has also suggested that further action could be necessary if the government continues to fail to deliver on the reversal of FEMPI-era pay cuts. Irish Legal News has more:
https://www.irishlegal.com/articles/inpictures-massive-turnout-at-four-courts-for-third-day-of-barristers-strikes

The Rotunda Hospital continued to employ a porter after a finding that he sexually harassed a 19-year-old female care assistant, leaving her in "reasonable fear" of further harassment in what is "meant to be arguably the safest place in Dublin for a woman to be or work", a tribunal has heard. The Rotunda's head of human resources admitted there was "frustration" among some senior midwifery managers that the man had been kept on - but added that she had no power to alter the decision of a senior hospital executive at the final stage of a disciplinary process to issue only a final written warning to the man. More from RTÉ:
https://www.rte.ie/news/business/2024/0724/1461555-rotunda-hospital-harassment-case/

Trade unions representing other groups of workers at Aer Lingus are to meet to discuss the pilots' pay deal. It follows a decision by members of the Irish Air Line Pilots' Association (IALPA) to vote overwhelmingly in favour of accepting Labour Court proposals aimed at resolving its long-running pay dispute with Aer Lingus. Unions such as SIPTU represent 1,200 workers at Aer Lingus in areas such as guest services, ground staff, cleaning and catering reports RTÉ:
https://www.rte.ie/news/ireland/2024/0723/1461405-aer-lingus-pay-deal/

Three members of the Defence Forces have been dismissed due to domestic, sexual, or gender-based violence since 2016 — reflecting the "culture of misogyny" in the organisation. The figures include Cathal Crotty who was dismissed earlier this month following his conviction for the vicious and unprovoked assault on Limerick woman Natasha O'Brien in 2022. More from the Irish Examiner:
https://www.irishexaminer.com/news/arid-41440885.html

Enoch Burke has lost a legal action aimed at setting aside a previous order of the High Court to stay away from Wilson’s Hospital School in County Westmeath. Mr Burke argued it was in breach of his constitutional rights but the judgement found it to be a “valid order" which must be obeyed. More from News Talk:
https://www.newstalk.com/news/enoch-burke-loses-legal-action-against-order-to-stay-away-from-school-1747177

A Belfast woman has been awarded over £305,000 in compensation in what is believed to be the highest individual equal pay claim in Northern Ireland's history. Shona Boyle, an employee of Caterpillar NI, initiated her claim in July 2018, after discovering significant pay discrepancies between herself and three male colleagues who were performing the same job. Belfast Live has more here:
https://www.belfastlive.co.uk/news/belfast-news/historic-equal-pay-victory-sees-29590395

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11. Friends of Legal Island

Lawyers host Disability Pride brunch

The disAbility Legal Network hosted its second annual Disability Pride brunch in Dublin with support from A&L Goodbody. The law firm was a proud sponsor of the event, which was attended by many colleagues and family members from across the legal profession. “We are particularly proud of ALG solicitor and chair of the DLN, Caoimhe Grogan, who organised the event and does so much to promote awareness of disability across the legal profession,” the firm told Irish Legal News:
https://www.irishlegal.com/articles/inpictures-lawyers-host-disability-pride-brunch

And, as if she wasn't busy enough, Caoimhe has also written an insightful article on Disability Pride month, which you can read here:

What is Disability Pride Month?

Caoimhe Grogan from A&L Goodbody LLP discusses how Disability Pride month provides a chance to pause and reflect on disability inclusion within our organisations and to consider some of the key legal concepts surrounding the disability ground which form part of the employment equality framework in Ireland:
https://www.legal-island.ie/articles/ire/features/q-and-a/2024/july/what-is-disability-pride-month/

Workplace Relations Commission – Inspector Competition

There are currently a number of vacancies for the role of Inspector (Executive Officer level) in the WRC’s regional Information, Inspection and Enforcement offices in Carlow Town, Cork City, Dublin City, Ennis and Sligo Town. Inspectors carry out inspections of employers’ employment records and make associated enquiries (including carrying out interviews with both employers and employees) insofar as employment law and employment permits legislation are concerned.

You can find out more here:
https://www.workplacerelations.ie/en/news-media/workplace_relations_notices/workplace-relations-commission-inspector-competition1.html

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12. Free Webinars This Month

Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody

If you missed our previous webinar, never worry!

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, Duncan Inverarity of A&L Goodbody and Legal Island’s Victoria Smith gave a sneak preview of the issues you need to be aware of to future-proof your organisation. Duncan provided his expert insights on what legal issues employers will need to deal with in 2024/25. You can listen to the recording here:
https://www.legal-island.ie/articles/ire/resources/webinars/june/horizon-scanning-with-duncan-inverarity-partner-al-goodbody-llp/

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