This week's top 5:

1. Customer-facing staff increasingly harassed, Ibec says
2. Businesses have more time to understand upcoming compliance obligations as AI Act delayed
3. 400 jobs cut at RTÉ as part of new five-year strategy
4. Health and safety breaches totalled €1.3m in 2023
5. Workers' incomes set to rise this year and next as wages rise and inflation falls – ESRI

And in other news…………. Barry Phillips asks whether recent AI apps are really here to assist employees or to replace them. Listen to his latest podcast here!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Upcoming Legislation
4. Industrial Action
5. Customer-facing staff increasingly harassed, Ibec says
6. Almost all public service employees are white Irish, research finds
7. RTÉ to publish pay of executives and cut 400 jobs as part of new five-year strategy in bid to secure €20m bailout
8. Housing crisis turning employers into reluctant landlords
9. Examination into terms and conditions in the electrical contracting sector
10. Workers' incomes set to rise this year and next as wages rise and inflation falls – ESRI
11. Just in Case You Missed It...
12. HR Developments
13. Health & Safety Developments
14. Employment News in the Media
15. Friends of Legal Island
16. Free Webinars This Month

===============================================

1. Case Law Review

Cassie Greene -v- Kareplan

Adjudication Reference:  ADJ-00049567

Complainant: Cassie Green

Respondent: Kareplan

Keywords: Constructive dismissal, Unfair dismissal claim.

Summary Sentence:  The Adjudication Officer concluded that the Complainant did not utilise the internal grievance procedure, rendering her resignation premature and unjustified. The complaint was not upheld.

Practical Guidance for Employers: To minimise the risk of constructive dismissal claims and ensure fair workplace practices, employers should:

• Establish Clear Grievance Procedures
• Communicate Role Changes Transparently
• Document Communications
• Provide Support During Maternity Leave
• Encourage Internal Resolution
• Offer Mediation

By implementing these practices, employers can create a fair and transparent work environment, reducing the likelihood of premature resignations and legal disputes.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/cassie-greene-v-kareplan/

Jagmohan Singh v Northside Travellers Support Clg (T/A Travact) Travact

Adjudication Reference:  ADJ-00049427

Complainant: Jagmohan Singh

Respondent: Northside Travellers Support Clg (T/A Travact) Travact

Keywords: Unfair dismissal, mitigation

Summary Sentence: Parties reached agreements; Respondent admitted unfair dismissal, breached notice law, awarded over €16,000 in damages.

Practical Guidance for Employers: Employers should ensure clear and consistent communication throughout all stages of employment, particularly during disciplinary proceedings and when an employee is on sick leave. When disputes arise, be sure to prioritise mediation and resolution to mitigate potential legal risks and maintain productive workplace relationships.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/june/jagmohan-singh-v-northside-travellers-support-clg-ta-travact-travact/

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/

Back to top

===============================================

2. AI and Employment Law

AI and the Rise of the Handheld Machines

Barry Phillips asks whether recent AI apps are really here to assist employees or to replace them. Listen here:
https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/june/ai-and-the-rise-of-the-handheld-machines/

8 out of 10 employees have used AI in the workplace – survey

Eight out of ten employees have used artificial intelligence in the workplace, according to a new survey. The FRS Recruitment Employment Insights Report shows that almost half of employees believe AI will impact or replace their job in the future, a figure which represents almost double the number who held that view when the same question was posed 12 months earlier. Those most likely to be using AI in the workplace were in education and training, hospitality and tourism, and agriculture, farming and agri-food. More here from RTÉ:
https://www.rte.ie/news/2024/0624/1456254-ai-work-survey/

EU delays compliance deadlines for the AI Act

The compliance deadlines for the European Union's (EU) new cross-sector legislation on artificial intelligence (AI) have been revised following a delay in publication. The AI Act will become binding law 20 days after it is published in the Official Journal; because of the publication delay, this is now expected to be in early August. The delay will allow businesses more time to understand and digest upcoming compliance obligations as well as forthcoming guidance from the AI Office. More here from Osborne Clarke:
https://www.osborneclarke.com/insights/eu-delays-compliance-deadlines-ai-act

One in three young people use AI for job applications

Almost a third of 18- to 24-year-olds have used artificial intelligence (AI) to complete a job application, according to research carried out by recruitment firm Hays Ireland. The research is based on a survey of more than 1,000 employers and employees across Ireland working across a range of industry sectors. It found that one in three organisations are currently using AI within the workplace, with 14 per cent of these using the technology to evaluate job applications. This includes scanning CVs or scoring job candidates to help filter and identify the most suitable candidates. The Irish Times has more here:
https://www.irishtimes.com/business/2024/06/26/one-in-three-young-people-use-ai-for-job-applications/

Back to top

===============================================

3. Upcoming Legislation

New legislation to assist companies with audit and reporting requirements

Minister for Enterprise, Trade and Employment, Peter Burke, TD has signed into law the European Union (Adjustments of Size Criteria for Certain Companies and Groups) Regulations 2024 which increases the balance sheet and turnover thresholds for ‘micro’, ‘small’, ‘medium’ and ‘large’ companies in the Companies Act 2014 by 25 per cent. This change in size will mean that more companies will move into the micro and small categories and will thus benefit through abridged reporting requirements and the audit exemption. The Regulations will take effect from 1 July:
https://enterprise.gov.ie/en/news-and-events/department-news/2024/june/20240621.html

Work permit holders to be allowed change employer

A new Bill due to pass through the Oireachtas today will allow work permit holders to change employer. The Employment Permits Bill 2022, which has been brought forward by Minister of State for Business, Employment and Retail, Emer Higgins, will grant workers on employment permits the freedom to change employer after a period of 9 months has elapsed. Migrant Rights Centre Ireland (MRCI) described the measure as a vital new protection for workers which will significantly reduce their risk of exploitation. Read more on the update here:
https://www.rte.ie/news/business/2024/0619/1455620-business/

Back to top

===============================================

4. Industrial Action

Pilot industrial action under way at Aer Lingus

Industrial action by members of the Irish Air Line Pilots' Association (IALPA) at Aer Lingus is under way. An indefinite work-to-rule began at midnight as part of an ongoing pay dispute. The action involves IALPA members not working overtime or any other out-of-hours duties requested by management and pilots will not accept or work any amendments to published rosters. They are also refusing to log on to Aer Lingus online portals outside of work hours or answer work phone calls outside of work hours. More from RTÉ:
https://www.rte.ie/news/ireland/2024/0626/1456665-aer-lingus-pilots-action/

Psychiatric nurses vote for industrial action over recruitment embargo

The Psychiatric Nurses' Association (PNA), which has a member between 6500 and 7000 people, has given the Health Service Executive three weeks' notice of commencement of industrial action over its recruitment embargo introduced last November. The union says its nurses are in an "impossible position" in delivering mental health services and that this industrial action is not about pay, but about patient care. More from RTÉ:
https://www.rte.ie/news/ireland/2024/0626/1456706-nurses-action/

Back to top

===============================================

5. Customer-facing staff increasingly harassed, Ibec says

Incidents of workplace aggression have risen, particularly aggression directed at staff in customer-facing roles such as retail and hospitality, according to the employers’ group Ibec. Launching a new “toolkit” to combat aggression in the workplace Ibec said harassment and aggression may relate to an employee’s gender, relationship status, sexual orientation, religion, age, disability, race, or membership of the Traveller community.  Research from Circle K forecourt and convenience stores revealed that 75 per cent of their retail employees have encountered verbal, racial, gender-based, or physical abuse from customers. The Irish Times has more on this story:
https://www.irishtimes.com/business/work/2024/06/24/customer-facing-staff-increasingly-harassed-ibec-says/

Back to top

===============================================

6. Almost all public service employees are white Irish, research finds

Research on equality in the Irish public service found 97% of people working in public jobs were white Irish and strict eligibility criteria made it far too difficult for migrants to apply for roles. The discussion paper, prepared by the Equality, Diversity, and Inclusion Unit in Publicjobs.ie, said the civil service “does not reflect the diversity in wider Irish society” and there are too many barriers to employment. The Irish Examiner has more on this:
https://www.irishexaminer.com/news/arid-41422570.html

Back to top

===============================================

7. RTÉ to publish pay of executives and cut 400 jobs as part of new five-year strategy in bid to secure €20m bailout

The move is part of a package of changes that will free up another €20m in a government bailout for the national broadcaster. RTÉ is publishing a five-year strategy, setting out a new direction for the broadcaster, one with fewer staff and reduced overheads. The Irish Independent has more on this story:
https://www.independent.ie/business/media/rte-to-publish-pay-of-executives-and-cut-400-jobs-as-part-of-new-five-year-strategy-in-bid-to-secure-20m-bailout/a1866084161.html

Back to top

===============================================

8. Housing crisis turning employers into reluctant landlords

Musgrave, Ryanair and Supermacs among companies buying up property to accommodate staff amid severe housing shortage. With the housing crisis showing few signs of abating, businesses are increasingly having to step in with staffing accommodation, including by buying or renting property. It is impacting firms of all stripes, although the services industry appears particularly afflicted. Ireland has among the highest housing costs in the EU and services roles are typically not as well paid as those in the out-sized multinational sector. The Irish Examiner has more on this:
https://www.irishexaminer.com/business/companies/arid-41423134.html

Back to top

===============================================

9. Notice of Intention to Conduct an Examination into Terms and Conditions in the Electrical Contracting Sector pursuant to section 15 of the Industrial Relations (Amendment) Act 2015

The Court having received a request from CONNECT Trade Union and two employer bodies ECA and AECI to conduct an examination into terms and conditions in the Electrical Contracting sector and having satisfied itself on the documentation in relation to section 15(1)(a) – (d) of the Industrial Relations (Amendment) Act 2015 and having had regard to the provisions of Section 15(2) and (3) of the Industrial Relations (Amendment) Act 2015, the Labour Court hereby gives notice of its intention to conduct an examination of the terms and conditions relating to the remuneration and any sick pay scheme or pension scheme in respect of the Electrical Contracting Sector. Details on how to make a written submission should do so by 5p.m. on or before Tuesday the 23 July 2024:
https://www.labourcourt.ie/en/industrial-relations/sectoral-employment-orders/notice-of-intention-to-conduct-an-examination-into-terms-and-conditions-in-the-electrical-contracting-sector-pursuant-to-section-15-of-the-industrial-relations-amendment-act-2015/

Back to top

===============================================

10. Workers' incomes set to rise this year and next as wages rise and inflation falls – ESRI

Workers in Ireland should see their incomes rise in real terms both this year and next, due to falling inflation and ongoing increases in wages. The Economic and Social Research Institute (ESRI) is forecasting that on average earnings should rise by more than 4% this year and closer to 5% next year RTÉ reports:
https://www.rte.ie/news/business/2024/0627/1456816-workers-incomes-set-to-rise-this-year-and-next-esri/

Back to top

===============================================

11. Just in Case You Missed It...

From Paper Trails to AI Pathways: Digital transformation of HR

Preeti Dwivedi takes us through some of the ways that AI can provide some innovative solutions in HR. Read her article here:
https://www.legal-island.ie/articles/ire/features/supplementary/2024/june/from-paper-trails-to-ai-pathways-digital-transformation-of-hr/

Back to top

===============================================

12. HR Developments

Leading a board: What makes an effective chair?

What defines a great board? What makes a great board meeting? What are the essential characteristics of a great chair? There is no magic formula for an effective and well-functioning board nor is there an identikit to describe a great chair. But there are certain traits which successful boards and chairs tend to share, regardless of the sector involved. Three IoD Ireland members share their personal reflections on the critical role of being a Chair:
https://www.iodireland.ie/resources-media/media-hub/news/leading-board-effective-chair

Difficult conversations online vs in-person

Communication plays an integral role in creating a happy, safe, and productive workforce. In fact, 86% of employees and executives say the lack of effective collaboration and communication are the main causes of workplace failures.  With more workplaces now having to communicate effectively across different mediums – both online and in person – the importance of being able to navigate difficult conversations is not only growing but becoming increasingly more complex. In this article for HRD Connect, Emma Serlin, CEO and Founder of London Speech Workshop, looks at the differences between online and in-person communication and how we can still maintain effective collaboration online:
https://www.hrdconnect.com/2024/06/21/navigating-difficult-conversations-online-vs-in-person/

Back to top

===============================================

13. Health and Safety Developments

Fines for workplace health and safety breaches totalled €1.3m in 2023

Nineteen prosecutions for breaches of workplace health and safety legislation resulted in fines totalling more than €1.3 million last year, the Health and Safety Authority’s (HSA) annual report shows. Several of the prosecutions concerned serious injury or death of employees. The Irish Times has more here:
https://www.irishtimes.com/ireland/social-affairs/2024/06/24/fines-for-workplace-health-and-safety-breaches-totalled-13m-in-2023/

Back to top

===============================================

14. Employment News in the Media

Defence Forces management hopes to be able to expel soldier Cathal Crotty by early next week, following his conviction for beating a woman unconscious in Limerick in 2022. Last Thursday Crotty received a suspended sentence for violently attacking Natasha O’Brien on the street after she asked him to stop shouting homophobic abuse at passersby. Noting the impact a custodial term could have on the soldier’s career, Judge Tom O’Donnell imposed a three-year suspended sentence and ordered Crotty to pay €3,000 compensation to Ms O’Brien. More from the Irish Times:
https://www.irishtimes.com/crime-law/courts/2024/06/27/defence-forces-hopes-to-expel-convicted-soldier-cathal-crotty-by-early-next-week/

Newly qualified teachers will be entitled to a €2,000 incentive payment next summer if they take up a full-time teaching role for the coming school year as part of a fresh effort to boost the supply of classroom professionals. Primary and secondary schools say they have been struggling to find qualified teachers for a variety of reasons including the cost of accommodation in urban areas, as well as teachers taking up posts abroad or other roles in the private sector. The Irish Times has more here:
https://www.irishtimes.com/ireland/education/2024/06/27/new-teachers-to-receive-2000-incentive-for-taking-up-full-time-role-in-next-school-year/

The Workplace Relations Commission (WRC) has found in favour of a teacher who took a case against the principal of Templeogue College, and has directed the Dublin secondary school to pay the teacher almost €40,000 in compensation. Jennifer Clancy had complained that she was penalised by principal Niamh Quinn after she put her name to a grievance lodged by 11 school staff in the spring of 2022. RTÉ has more here:
https://www.rte.ie/news/ireland/2024/0624/1456453-workplace-relations-commission/

SIPTU members employed by the Football Association of Ireland (FAI) have accused the Board of the sporting organisation of hypocrisy by denying them the right to be part of a team in the workplace and will be referring the issue of their right to collectively bargain to the Labour Court. FAI Football Development Officer and SIPTU Shop Steward, Paul Keogh, said: “As sporting coaches, I and my colleagues know the importance of teamwork in achieving results…However, our employer is refusing to even respond to requests by the Workplace Relations Commission (WRC) about re-engaging with our Union on a number of outstanding issues affecting FAI workers.” More from SIPTU:
https://www.siptu.ie/fai-refusal-of-employees-right-to-collective-bargaining-to-be-referred-to-labour-court/

An Irish team has triumphed at the Global Skills Challenge 2024, hosted by WorldSkills Australia. The team, comprising Mark Drinan and Luke Woodside, was mentored by Dr George O’Mahony from Munster Technological University, with the victory being Ireland's first in an official WorldSkills Cybersecurity Competition since its debut in 2021. Over three days the teams had to run digital forensics on an infected end-user computer, each team also had to create reports including a technical brief, a timeline of the cyberattack, a report for the media and a report for the board of directors. The competition was about accurately identifying what happened and providing real-world preventative measures and recommendations. The Irish Examiner has more here:
https://www.irishexaminer.com/business/technology/arid-41420032.html

Back to top

===============================================

15. Friends of Legal Island

Civil service excellence and innovation awards winners announced

Minister of State with responsibility for eGovernment and Public Procurement, Ossian Smyth, announced the winners of the 9th Civil Service Excellence and Innovation Awards. Established in 2015, the CSEIA are an opportunity to highlight innovations in policy and service delivery across the Civil Service where best practice and lessons can be shared:
https://www.gov.ie/en/press-release/90d59-minister-smyth-announces-winners-of-the-9th-civil-service-excellence-and-innovation-awards/

Congratulations to all from Legal Island!

Back to top

===============================================

16. Free Webinars This Month

Horizon Scanning with Duncan Inverarity, Partner A&L Goodbody

If you missed our webinar earlier this week, 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