This week's top 5:

1. Annual Review Session of the Week: The ROI Case Review 2024 and Key Next Steps
2. WRC awards migrant worker over €23,000 in compensation
3. How can an organisation become one of the best workplaces for women?
4. Big Tech criticises EU’s AI regulation – is it justified?
5. It only takes a minute: Ransomware epidemic threatens Irish firms

And in other news………….join Caroline Reidy of the HR Suite in her next FREE webinar on 2nd October at 11am - From Blunders to Brilliance: Transforming Accidental Managers into Effective Leaders. REGISTER NOW!

CONTENTS

1. Annual Review Session of the Week: The ROI Case Review 2024 and Key Next Steps
2. Case Law Review
3. AI and Employment Law
4. Cybersecurity
5. DEI
6. Do organisations need to embrace flexible working as a new social norm?
7. TU Dublin academic staff to ballot for industrial action over cuts
8. Just in Case You Missed It...
9. HR Developments
10. Employment News in the Media
11. Free Webinars This Month

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1. Annual Review Session of the Week: The ROI Case Review 2024 and Key Next Steps

Duncan Inverarity, Partner and Head of Employment Law at A&L Goodbody, will dissect the main developments in ROI cases in 2024. This session will guide you through recent case law, offering valuable lessons from real-life examples to help you avoid common legal pitfalls. Duncan’s expertise will equip you with the knowledge needed to safeguard your organization in an increasingly complex legal environment.

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

Grainne Sherlock v Pluralsight Ireland Ltd

Reference: ADJ-00044941

Applicant: Grainne Sherlock

Respondent: Pluralsight Ireland Ltd

Keywords: Unfair Dismissal, Selection Process.

Summary Sentence: Complainant was awarded compensation of €112,000, deemed just and equitable based on her efforts to mitigate her loss following unfair dismissal.

Practical Guidance for Employers:

Employers should ensure a transparent and objective redundancy selection process, with clear criteria communicated to all employees. Involve HR from the start to ensure fairness, document efforts to find alternative roles, and maintain open communication during consultations. Provide mechanisms for employees to appeal redundancy decisions and regularly review processes for legal compliance.

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

Noel Kelly v Go Ahead Transport Services (Dublin) Limited

Reference: ADJ-00050722

Applicant: Noel Kelly

Respondent: Go Ahead Transport Services (Dublin) Limited

Keywords: Holiday Pay,

Summary Sentence: Breach of the Legislation led to compensation being ordered.

Practical Guidance for Employers:

Employers should consult employees or their unions at least one month in advance when selecting annual leave dates, or consider employees' requested dates. Annual leave must be taken within the leave year or, with consent, within 6 months of the next year. If certified illness prevents leave, it can be taken within 15 months. Pay for leave should be calculated at the normal weekly rate and paid in advance. Upon termination, employees should receive compensation for untaken leave based on their normal weekly pay rate.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/september/noel-kelly-v-go-ahead-transport-services-dublin-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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3. AI and Employment Law

The Two Golden Rules for Safe and Sensible Use of ChatGPT

This week Barry Phillips suggests two golden rules for safe and sensible use of ChatGPT before rolling it out to every staff member.
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/sept/the-two-golden-rules-for-safe-and-sensible-use-of-chatgpt/

Big Tech criticises EU’s AI regulation – is it justified?

An open letter from various tech companies says the EU should reassert the ‘harmonisation enshrined in regulatory frameworks like the GDPR’, but many recent AI issues for these companies stem from GDPR itself. Big Tech companies are pushing the fear factor onto EU policymakers, warning that its “fragmented” regulation around AI could hamper innovation and progress. Find out more here:
https://www.siliconrepublic.com/machines/big-tech-eu-ai-regulation-open-letter

Want to know more about the AI Act?

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4. Cybersecurity

It only takes a minute: Ransomware epidemic threatens Irish firms

Ransomware, deep fakes and other AI threats are on the rise according to one of Europe’s leading data security experts Jake Moore. Once they gain entry, a hacker has approximately just over a minute or 84 seconds to embed themselves in a company’s data network. That’s the grim prognosis of Jake Moore, one of Europe’s leading data security experts. Find out here:
https://www.thinkbusiness.ie/articles/ransomware-irish-business-cyberattacks-eset/

Steps to Combat Cyber Threats

The recent outage at CrowdStrike has left many businesses re-evaluating their IT strategies amid fears of cyber threats. On July 19, more than eight million Microsoft users reported that their computers wouldn’t turn on. The meltdown caused widespread disruption as television stations went offline, air travel was disrupted and hospitals cancelled appointments. Read more on how to avoid it in your organisation here:
https://businessplus.ie/tech/cyber-threats-steps/

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5. DEI

Irish Rail ordered to pay compensation for ageist discrimination

Irish Rail has been ordered to pay compensation for ageist discrimination against a former level crossing guard after a tribunal concluded he was let go "for no reason other than his age". The Workplace Relations Commission (WRC) made the award to the worker, Brendan Connor, on foot of a complaint against the national rail operator under the Employment Equality Act 1998, in a decision published today. More:
https://www.rte.ie/news/business/2024/0926/1472169-irish-rail-to-pay-compensation-for-ageist-discrimination/

How can an organisation become one of the best workplaces for women?

Have a look at this collection of articles and tips to assist your female staff from Business News:
https://www.businessnews.ie/campaign/empowering-women-at-work/

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6. Do organisations need to embrace flexible working as a new social norm?

Dr Sarah Kieran on why companies that don’t embrace hybrid work are in danger of losing strong employees to companies that do. KPMG’s 10th annual CEO Outlook survey has shown that globally there is a belief among CEOs that working life has the potential to return to pre-pandemic systems in the next three years, with 90pc of responding leadership in the Republic of Ireland saying so. Read more here:
https://www.siliconrepublic.com/careers/organisations-embrace-flexible-working-new-social-norm

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7. TU Dublin academic staff to ballot for industrial action over cuts

Academic staff at Technological University Dublin (TU Dublin) have agreed to ballot for industrial action to oppose cuts amid what they say is the "deteriorating financial position of the university and the damaging effect it is having on staff and students". Raed in full:
https://www.rte.ie/news/2024/0924/1471751-tu-dublin-ballot/

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8. Just in Case You Missed It...

ChatGPT’s Latest Iteration (01 model) & Its Significance for HR

Barry Phillips calls in the help of a goat to explain why this latest version of ChatGPT is so important. Listen now:
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/sept/chatgpts-latest-iteration-01-model--its-significance-for-hr/

Managing Annual Leave Balances

Caroline Reidy of the HR Suite offers here advce:
https://www.legal-island.ie/articles/ire/features/hr/2024/september/managing-annual-leave-balances/

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9. HR Developments

Like, share, repeat: Top tips for building workplace social media skills

Social media isn’t all just cat videos and dance trends, in the right hands it can be used as a tool to propel individuals and businesses forward, allowing companies to improve engagement. More:
https://www.siliconrepublic.com/advice/like-share-repeat-top-tips-building-workplace-social-media-skills-advice

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10. Employment News in the Media

A solicitor acting for the company behind one of Ireland's top country music acts says they are appealing a landmark ruling on the employment status of a musician "on behalf of the music industry" because the industry "couldn’t operate" without relying on independent contractors. More:
https://www.rte.ie/news/business/2024/0925/1471971-promoter-to-appeal-ruling-on-fiddlers-employment-status/

A migrant worker who was on a "grossly excessive" 70-hour week at a takeaway for well under the minimum wage has been awarded over €23,000 in compensation for multiple breaches of his employment rights. The Workplace Relations Commission (WRC) concluded Suman Bhurtel had been earning an average hourly wage of just €8.24 while working for Chicken Castle Ltd at the Chicken Club takeaway in Castleisland, Co Kerry between February 2023 and February 2024. More:
https://www.rte.ie/news/business/2024/0924/1471693-migrant-worker-made-work-excessive-hours-wins-23-000/

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11. Free Webinars This Month

From Blunders to Brilliance: Transforming Accidental Managers into Effective Leaders

2nd October - 11am to 11:45 am

Ever wondered why your top talent is heading for the exit? The answer might be closer than you think. Join us for a lively session uncovering the pitfalls of 'accidental managers'—those well-meaning but undertrained leaders who are costing your organisation its best people. Fortune magazine reported 66% of managers are defined as ‘accidental managers’ and in this webinar,  Caroline Reidy of the HR Suite and Julie Holmes, Knowledge Partner at Legal Island, uncover why undertrained managers are driving nearly a third of your workforce out the door. We’ll look at:

• impact of accidental managers on their teams and company culture
• key challenges accidental managers face in leadership roles
• HR’s role in ensuring long-term leadership success

Discover how to transform these unintentional culprits into skilled leaders who inspire and retain, rather than repel, your workforce. Expect practical insights, surprising stats, and a dash of humour as we tackle one of HR’s most pressing challenges.

REGISTER NOW FOR FREE:
https://attendee.gotowebinar.com/register/146071660490263637?source=Round+Up+ROI

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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