This week's top 5:

1. EU passes forced labour ban but leaves out migrant worker protections
2. Remote work: Employee has right to request, boss is free to refuse
3. Irish workers among most honest employees in the world
4. Violence: Taking action at work
5. The Great Resignation and organisations’ investment in the talent pipeline

And in other news…………. Barry Phillips takes a look at what happens when your boss is a bot—but looks just like your boss. Listen to the newest podcast here!

CONTENTS

1. Case Law Review
2. AI and Employment Law
3. Remote work: Employee has right to request, boss is free to refuse
4. Irish workers among most honest employees in the world
5. Search for auto-enrolment asset managers to start within weeks
6. EU passes forced labour ban but leaves out migrant worker protections
7. Violence: Taking action at work
8. Domestic abuse victims more at risk on both sides of border since Brexit
9. Industrial Disputes
10. Surge of cash-in-hand pay in hospitality sector
11. Just in Case You Missed It...
12. HR Developments
13. Employment News in the Media
14. Free Webinars This Month

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1. Case Law Review

David McCullagh v Ballyseedy Restaurant Ltd

Reference: ADJ-00051206

Applicant: David McCullagh

Respondent: Ballyseedy Restaurant Ltd

Keywords: Non-notification; Wage reduction; Annual leave; Unfair dismissal; Redundancy.

Summary Sentence: Complainant Unfairly Dismissed without Pay, resulting in a total of €77,848 in compensation across all complaints.

Practical Guidance for Employers: 

• Employers must provide employees with up-to-date written contracts that accurately reflect their roles, terms, and conditions, in compliance with the Terms of Employment (Information) Act 1994. Ensure any changes are communicated in writing before they take effect.
• Any reduction in wages or changes to working conditions must be contractually authorised or have the employee’s prior written consent, as required by the Payment of Wages Act 1996.
• Employers must follow fair and transparent redundancy procedures, including providing justification, consulting with employees, and applying clear selection criteria, in accordance with the Unfair Dismissals Act 1977.
• Ensure accurate calculation and payment of annual leave entitlements or compensation in lieu of leave upon termination, as mandated by the Organisation of Working Time Act 1997.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/november/david-mccullagh-v-ballyseedy-restaurant-ltd-2024/

Nicholas Collins -v- Swissport Ireland Limited

Reference: ADJ-00052319

Applicant: Nicholas Collins

Respondent: Swissport Ireland Limited

Keywords: Unfair dismissal, procedural fairness, employment terms.

Summary Sentence: Procedural failures rendered dismissal of employee unfair, resulting in total award of €44,443.60 to be paid.

Practical Guidance for Employers: 

• Ensure Clear and Consistent Communication: Inform employees in writing of any changes to their employment terms, as required under the Terms of Employment (Information) Act 1994. This includes providing updated contracts or documentation when roles or terms change.
• Follow Procedural Fairness in Disciplinary Actions: Notify employees when they are under investigation, outline the scope of the investigation, and provide a fair opportunity to respond to allegations. Ensure compliance with natural justice and fair procedures under S.I. No. 146/2000.
• Provide Access to Relevant Information: Share investigative findings, evidence, or documentation with the employee and allow them to cross-examine witnesses or challenge evidence during disciplinary processes.
• Document Decision-Making and Appeal Processes: Maintain thorough records of investigations, disciplinary hearings, and appeals. Ensure decision-makers and relevant personnel are available to provide evidence during external adjudications.
• Consider Alternatives to Dismissal: Explore mitigating circumstances, such as an employee’s past record or efforts to cooperate and evaluate alternative measures before deciding on dismissal.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/november/nicholas-collins-v-swissport-ireland-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

AI to replace workers in the UK after Budget, warns tech boss

The boss of one of the UK's largest software groups said more businesses will replace workers with artificial intelligence (AI) as tax hikes announced in the UK Budget leave them searching for ways to cut costs reports Business Plus:
https://businessplus.ie/jobs/ai-workers/

"The Clone Wars: GenAI Avatars in the Workplace"

This week Barry Phillips takes a look at what happens when your boss is a bot—but looks just like your boss.

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/nov/the-clone-wars-genai-avatars-in-the-workplace/

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3. Remote work: Employee has right to request, boss is free to refuse

While responding to a rise in employee demands around remote work options, employers are also naturally faced with the challenge of accommodating these requests while maintaining productivity and company culture. Laura McKee, Knowledge Partner here at Legal Island discusses some of the remote work questions presently facing HR professionals, helping them understand employment law and how it applies to their workplace. Read here:
https://www.irishexaminer.com/business/companies/arid-41521469.html

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4. Irish workers among most honest employees in the world

Research by the Institute of Business Ethics, in conjunction with the Compliance Institute, found that workers in Ireland were less likely than the global average to find questionable workplace actions acceptable. The 'Ethics at Work: 2024 International Survey of Employees' polled 12,000 workers in 16 countries, including 750 in Ireland and revealed:

• Eight-in-ten Irish employees view nepotism as unacceptable
• 93% of respondents condemn making sexual advances towards a colleague
• Seven-in-ten are against taking company stationery from work for personal use

RTÉ has the full story here:
https://www.rte.ie/news/business/2024/1126/1482940-ireland-workers-survey/

You can find the survey here:
https://www.ibe.org.uk/ethicsatwork2024.html

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5. Search for auto-enrolment asset managers to start within weeks

The Department of Social Protection said it plans “in the coming weeks” to start its long-awaited official search for four investment firms to manage assets under auto-enrolment, the mandatory workplace pension scheme coming into operation next year. Officials in the department have also disclosed to The Irish Times that they plan to tweak the fee structure envisaged under the plan to include a flat annual fee which will be levied on each of the 800,000 workers expected to be captured by the scheme, in addition to a charge based on a percentage of assets under management:
https://www.irishtimes.com/your-money/2024/11/25/search-for-auto-enrolment-asset-managers-to-start-within-weeks/

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6. EU passes forced labour ban but leaves out migrant worker protections

The Forced Labor Regulation (FLR) was formally approved by the European Council late in November, after passing through the European Parliament earlier in the year. Member states have several years to implement the regulation at the national level. The FLR provides for various mechanisms for oversight and enforcement to stop products made with forced labour being sold within the EU. More here from Forbes:
https://www.forbes.com/sites/freylindsay/2024/11/24/eu-passes-forced-labor-ban-but-leaves-out-migrant-worker-protections/

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7. Violence: Taking action at work

NBRU calls for new law against abuse of frontline workers

The National Bus and Rail Union (NBRU) has called for the next government to legislate for a new offence of verbal or physical assault and threatening behaviour towards frontline workers. In a policy document sent to parties, political groups and independent candidates, the NBRU said that the new law should cover workers including gardaí, nurses, doctors and transport workers. The union has proposed that any attack on a frontline worker would be dealt with at circuit court level and would carry a minimum sentence of 12 months reports RTÉ:
https://www.rte.ie/news/business/2024/1125/1482740-transport-ireland/

Trade Unions demand an end to Violence against Women and Girls in work and in society

This week marks the beginning of the 16 days campaign to tackle Domestic, Sexual and Gender Based Violence (DSGBV). The Irish Congress of Trade Unions outlines more here:
https://www.ictu.ie/blog/trade-unions-demand-end-violence-against-women-and-girls-work-and-society

International Day for the Elimination of Violence against Women

International Day for the Elimination of Violence against Women highlights, every 25 November, the urgency of combating this human rights violation. This year’s focus draws attention to the escalation of gender-based violence, pointing up that, every 10 minutes, a woman is killed. EU-OSHA has been driving efforts to improve women’s safety and health at work, recognising the role of workplaces in combating violence and any type of discrimination against women. You can read more here:
https://osha.europa.eu/en/oshnews/international-day-elimination-violence-against-women-taking-action-work

Nearly 1 in 5 Irish women face physical violence in their lifetime, EU study reveals

Almost 20% of Irish women have experienced physical violence, or the threat of physical violence, in their lifetime — the sixth-highest percentage across the EU, according to a comprehensive new EU Gender-based Violence Survey. The research, published to mark International Day for the Elimination of Violence Against Women, shows that almost 22% of Irish women have been subjected to sexual violence, the seventh-highest rate across Europe. More from the Irish Examiner:
https://www.irishexaminer.com/news/arid-41524268.html

You can download the report here:
https://fra.europa.eu/en/publication/2024/eu-gender-violence-survey-key-results

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8. Domestic abuse victims more at risk on both sides of border since Brexit

The North South Co-operation to Tackle Violence Against Women study reveals how cross-border complexities have further endangered domestic abuse victims, leaving them in “precarious” situations without support. Some women have been forced to return to their abusers due to “new and significant” barriers to safety and justice created by the UK’s withdrawal from the EU, the report found. You can read more here from the Journal:
https://www.thejournal.ie/violence-against-women-ireland-6552369-Nov2024/

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9. Industrial Disputes

INMO members protest at five hospitals over pay deal

Nurses and midwives staged protests at five hospitals over the exclusion of Clinical Placement Coordinators from a recent pay deal. Irish Nurses and Midwives Organisation (INMO) members held protests at Beaumont, Our Lady of Lourdes, Drogheda, University Hospital Waterford, Sligo University Hospital and Portiuncula University Hospital. INMO asserts the Department of Health is obstructing the recommended pay increases for Clinical Placement Coordinators and has declined an invitation to attend the Labour Court to resolve the issue. You can read more here from RTÉ:
https://www.rte.ie/news/regional/2024/1125/1482904-inmo-protest/

Healthcare workers vote overwhelmingly in favour of industrial action amid 'staffing crisis'

Thousands of nurses, midwives and other hospital workers employed by the Health Service Executive (HSE), such as healthcare assistants, paramedics and maintenance workers, were balloted. A freeze on recruiting staff was lifted by the HSE in July, however managers said roles that were vacant at the end of last year are now deemed ‘non-existent’ and can’t be filled reports the Journal:
https://www.thejournal.ie/healthcare-workers-industrial-action-6554749-Nov2024/

Irish Wheelchair Association expresses disbelief over pay delays

The Irish Wheelchair Association (IWA) has called on the Government to deliver on its commitment to resolve the pay issues affecting Section 39 organisations, like IWA. Section 39 agencies are privately owned charities and organisations contracted by the State to provide health services. In October 2023 an interim agreement was reached at the Workplace Relations Commission (WRC) with a view to restoring pay parity with HSE grades for similar roles. More here from RTÉ:
https://www.rte.ie/news/business/2024/1127/1483417-care-pay-business/

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10. Surge of cash-in-hand pay in hospitality sector

There has been a rise in the use of cash-in-hand payments for staff in the hotel and catering sector, according to new research. Excel Recruitment's 2025 Salary Guide for the hospitality sector has found that as businesses struggle to balance budgets, some have started paying cash to workers. The report highlights that the hospitality sector faces mounting financial strain next year as the minimum wage rises to €13.50 per hour in January 2025. This comes in the wake of increased sick pay, PRSI contributions, and pension requirements. Read more here:
https://www.rte.ie/news/business/2024/1127/1483184-cash-hospitality-sector/

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11. Just in Case You Missed It...

CRSD reporting requirements and key employee consultation obligations: How do I Handle it?

Claire Macken from RDJ LLP covers the mandatory sustainability reporting requirements and the key employee consultation obligations in the CRSD in her article here:
https://www.legal-island.ie/articles/ire/features/how-do-i-handle-it/2024/november/crsd-reporting-requirements-and-key-employee-consultation-obligations-how-do-i-handle-it/

Diversity and Inclusion in Hiring Practices: Legal Implications and Best Practices

Caroline Reidy from The HR Suite explores the legal implications of D&I initiatives in hiring, along with best practices for employers to ensure compliance with equality legislation while fostering an inclusive workplace. Read it here:
https://www.legal-island.ie/articles/ire/features/hr/2024/november/diversity-and-inclusion-in-hiring-practices-legal-implications-and-best-practices/

Why mark International Men’s Day?

Why do men need a day dedicated to their wellbeing? As we approach International Men’s Day, it’s clear that despite the gravity of men’s mental health issues, many organisations struggle to recognise the day meaningfully. With high rates of male suicide, homelessness, and educational challenges, this day presents a vital opportunity for awareness, action, and change. Read Andrew Pain's article to explore why it matters and how we can do better:
https://www.legal-island.ie/articles/ire/features/hr/2024/november/why-mark-international-mens-day/

Balancing Impact and Intent: Managing Workplace Behaviour During the Festive Season

As the festive season approaches, understanding the distinction between impact and intent in workplace interactions becomes essential. This article by Zara Mirza from AAB People explores why managing both aspects is crucial and offers practical tips for fostering respect and inclusivity at holiday gatherings.
https://www.legal-island.ie/articles/ire/features/hr/2024/november/balancing-impact-and-intent-managing-workplace-behaviour-during-the-festive-season/

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12. HR Developments

Perception Trap: What you think you communicated isn’t what they heard

Misaligned perceptions happen all the time at work. Maybe you’ve had a conversation with a team member and thought you made everything clear, only to find they were confused later. Or perhaps you’ve given constructive feedback, only for it to be received as criticism. In both cases, the issue isn’t the message itself—it’s the perception of it. Forbes has more on this:
https://www.forbes.com/sites/dianehamilton/2024/11/20/perception-trap-what-you-think-you-communicated-isnt-what-they-heard/?ss=chro-network

The Great Resignation and organisations’ investment in the talent pipeline

Investing in employee training and development doesn’t always produce straightforward effects. Workers change jobs for a number of reasons and organisations bear the costs of recruitment and retraining. LSE Business Review looks at how to enhance the knowledge, skills and attitudes that enable workers to perform effectively and whether a tendency to change workplaces could hamper this goal:
https://blogs.lse.ac.uk/businessreview/2024/11/26/the-great-resignation-and-organisations-investment-in-the-talent-pipeline/

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13. Employment News in the Media

An academic has claimed Dublin City University broke its own jobs policy and discriminated against her by keeping her "in the dark" about a permanent job that was advertised while she was out on maternity leave. In a complaint against the university under the Employment Equality Act 1998 Dr Rebecca Murphy, a sociologist employed on a fixed-term contract as assistant professor at the DCU school of nursing, further alleges the college's human resources department proceeded to engage in "gaslighting" by telling her she had no right to be told directly about the job. Read more here:
https://www.rte.ie/news/business/2024/1126/1483139-academic-claims-dcu-broke-its-own-jobs-policy/

A California jury has awarded a former Walmart truck driver, Jesus “Jesse” Fonseca, nearly $35 million after determining the retail giant wrongfully terminated him and falsely accused him of workers’ compensation fraud. Fonseca, who dedicated 14 years to working at a Walmart distribution centre, suffered a serious injury in 2017 when another semi-truck collided with his vehicle. Following the accident, medical professionals advised him to avoid heavy lifting, pushing, pulling, and driving commercial vehicles. Despite these restrictions, Walmart allegedly failed to accommodate his needs and later terminated his employment under questionable circumstances. More from ISN magazine:
https://internationalsupermarketnews.com/archives/17313

A truck driver fired for clocking off for the night and leaving a load of concrete to go hard in a lorry has won €2,000 for unfair dismissal. Brian O'Neill secured an order for a reduced award against his former employer, Total Highway Maintenance Ltd, on foot of a complaint under the Unfair Dismissals Act 1977. A Workplace Relations Commission (WRC) adjudicator found the dismissal "procedurally lacking" – but concluded Mr O’Neill "knew or ought to have known" he could have been fired or reprimanded for his actions reports RTÉ:
https://www.rte.ie/news/business/2024/1121/1482249-truck-driver-fired-for-letting-concrete-go-hard-gets-2k/

Walt Disney has reached an agreement to pay $43.3 million to resolve a lawsuit that claimed its female employees in California earned $150 million less than their male colleagues over an eight-year span. As part of the settlement, Disney will engage a labour economist for a three-year period to evaluate pay equity among full-time, non-union employees in California who are below the vice president level and to address any identified disparities, according to the three law firms representing the plaintiffs. The lawsuit was initially filed by LaRonda Rasmussen after she discovered that six male employees with the same job title were earning significantly more than she was, including one individual with fewer years of experience who earned $20,000 more annually. More from Lawyer Monthly:
https://www.lawyer-monthly.com/2024/11/disney-reaches-43-million-settlement-in-womens-pay-discrimination-lawsuit/

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14. Free Webinars This Month

Did you miss our last webinar? Never worry, you can catch up below!

In HR and Feeling Like You’ve Missed the AI Revolution? Get up to Speed in Just 30 Minutes!

In thirty minutes, Barry Phillips, CEO of Legal Island and host of the UK’s first podcast on AI specially for HR, will explain what is important to know in AI, to help you catch up and feel right up-to-date. We understand there’s a lot of jargon, hype and hubris about AI and its potential. We cut right through all of this to present you with all you really need to know. We’ll explain where to start with AI and how to make the most of this amazing development for you personally, for your HR team and for your organisation.

Listen here:
https://www.legal-island.ie/articles/ire/resources/webinars/2024/nov/in-hr-and-feeling-like-youve-missed-the-ai-revolution-get-up-to-speed-in-just-30-minutes/

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