This week's top 5:
- Act Now: Understanding the Immediate Impact of the Automatic Enrolment Savings Bill
- 'Workcations' are being embraced by Irish employees
- Why are lone parents leaving the workforce?
- Government snub ‘a matter of concern’ to Labour Court
- Coffee, cake and cybersecurity
And in other news…………. Barry Phillips considers how HR can mitigate against the inevitable bias in ChatGPT. Listen here.
- Annual Review Session of the Week
- Case Law Review
- AI and Employment Law
- Holidays
- DEI
- Wages
- Strong public backing for new workplace pension scheme
- Changes to work permits to come into force next week
- HR Developments
- Health & Safety Developments
- Employment News in the Media
- Friends of Legal Island
- Free Webinars This Month
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1. Annual Review Session of the Week
Act Now: Understanding the Immediate Impact of the Automatic Enrolment Savings Bill
The Automatic Enrolment Savings Bill represents a major shift in Irish pension provision, and HR professionals need to be fully informed. Lorcan Keenan, Partner at Matheson, will guide you through the workings of the new system, including eligibility, contribution rates, and your organization’s immediate responsibilities. Learn the essential steps to prepare for the scheme's launch and ensure your compliance in this rapidly changing landscape.
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
Naomi Sarah Mudiay v Akina Dada Wa Africa Ltd
Reference: ADJ-00049830
Applicant: Naomi Sarah Mudiay
Respondent: Akina Dada Wa Africa Ltd
Keywords: Withholding of Wages.
Summary Sentence: Employee Claimed Employer Withheld Wages.
Practical Guidance for Employers:
Employers should ensure clear contracts, consistent communication, accurate record-keeping, and legal compliance to maintain fairness and transparency in your employment practices.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/august/naomi-sarah--mudiay-v-akina-dada-wa-africa-ltd/
Sarah Hynes v French Furze Autos Limited t/a VT Autos Limited
Reference: ADJ-00050462
Applicant: Sarah Hynes
Respondent: French Furze Autos Limited t/a VT Autos Limited
Keywords: Unfair Dismissal, Fair Procedures.
Summary Sentence: Company dismissed employee without following fair procedures.
Practical Guidance for Employers:
To avoid disputes and potential penalties, employers must follow fair procedures and provide clear, substantiated reasons for any dismissal. The case highlights the importance of transparent communication and adherence to legal standards.
The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/august/sarah-hynes-v-french-furze-autos-limited-ta-vt-autos-limited/
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 Bias in…. bias out and what to do about it in HR
Barry Phillips considers how HR can mitigate against the inevitable bias in ChatGPT. Listen here:
AI and worker safety: uncovering opportunities and risks in the digital age
Artificial Intelligence's (AI) potential to reshape work organisation and automate repetitive, hazardous tasks was a key focus in a recent interview with Maurizio Curtarelli. Curtarelli highlighted opportunities as the optimisation of work organisation and workers’ workload, the delegation of repetitive and hazardous tasks to machines, as well as challenges as the loss of autonomy and the work intensification. More here from OSH News:
https://osha.europa.eu/en/oshnews/ai-and-worker-safety-uncovering-opportunities-and-risks-digital-age
Klarna boss to cut thousands of jobs and replace them with AI
Klarna’s boss is cutting thousands of jobs and replacing workers with artificial intelligence (AI), reports Business Plus. The buy-now-pay-later (BNPL) giant’s chief executive Sebastian Siemiatkowski revealed plans to almost halve staff numbers to slash costs and boost productivity. Klarna has been an early adopter of AI by using chatbots to handle customer queries – a move it says has sharply reduced the time taken to resolve issues. The company added that its AI assistant can perform the work of 700 employees and has cut the average resolution time from 11 minutes to just two:
https://businessplus.ie/jobs/klarna-jobs-ai/
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4. Holidays
Report: How do we take our annual leave?
More than 4 out of 10 people (42%) did not make full use of their full holiday entitlements last year, according to research on annual leave undertaken by FRS Recruitment. Almost 1 in 5 people (19%) did not take 5 days of annual leave or more, which in business terms represents a week’s leave. The FRS Recruitment Annual Leave Report also found that almost 1 in 2 people (48%) said they used their annual leave for domestic travel last year, the most common reason cited. 46% used it for foreign travel, 15% for family reasons, 9% for personal reasons and 4% due to illness. The full report is available here:
https://www.frsrecruitment.com/frs-recruitment-annual-leave-report-2024
'Workcations' are being embraced by Irish employees
More than half of Irish employees have embraced the growing trend of 'workcations' - blending work with holidays. And workers in Ireland - which already has the highest percentage of remote workers in the EU - are increasingly seeking flexible work-travel arrangements, according to a new survey by Bunq, a European online banking platform. The survey said 61% have already taken advantage of remote work by working from a location other than home, while 52% have blended work with holidays. More from Business Plus:
https://businessplus.ie/business-insights/workcations-irish-employees/
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5. DEI
Countdown begins on EU Directive that could deliver Respect at Work - SIPTU
Workers want to unionise and be protected from employer retaliation. This is the message that the Respect at Work campaign is delivering to politicians and policy makers across the country in recent months. The Government must implement the EU Directive on Adequate Minimum Wages by 15th November 2024. This groundbreaking Directive has the potential to protect union activists and support workers who want to unionise. SIPTU is campaigning to make sure the Directive is made into Irish laws that work for workers including protecting union activists against victimisation and dismissal:
https://www.siptu.ie/countdown-begins-on-eu-directive-transposition-that-could-deliver-respect-at-work/
Publication of Autism Innovation Strategy by government
The Autism Innovation Strategy seeks to identify and deliver tangible solutions to address the challenges faced by autistic people across Ireland. The strategy identifies simple, clear actions that can make a real difference to people’s lives, to be delivered in an 18 month period. It is designed to complement and enhance wider action on disability by focusing on areas where autistic people face unique challenges and barriers. The Strategy will be implemented over an 18-month period, delivering over 80 clear and simple actions which will make a positive impact on people’s lives. You can read more here:
https://www.gov.ie/en/press-release/a921c-simon-harris-minister-roderic-ogorman-and-minister-anne-rabbitte-announce-publication-of-the-autism-innovation-strategy/
Why are lone parents leaving the workforce?
Indeed research reveals half of lone parents in Ireland have left workforce due to lack of support and flexible work options. A survey of 1,000 workers and job seekers found that half of lone parents say their parental responsibilities have resulted in them having to leave the workforce at some point over the course of their career. This contrasts with only 36% of parents in two-parent families reporting having had to do the same. More here from Think Business:
https://www.thinkbusiness.ie/articles/lone-parents-carers-workforce-flexible-work-policies/
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6. Wages
Government snub ‘a matter of concern’ to Labour Court
It was a “a matter of concern and regret” that government officials snubbed a hearing involving state workers seeking a pay rise, the Labour Court has said. Department of Enterprise officials were advised by the Department of Public Expenditure not to attend a hearing into a claim for higher fees sought by Workplace Relations Commission (WRC) external adjudicators. Thirty-one external adjudicators were looking for an increase in their fees, from €525 to €600, as well as an increase in the maximum 48 writing-up days they are allotted to pen their rulings reports Irish Legal News:
https://www.irishlegal.com/articles/government-snub-a-matter-of-concern-to-labour-court
Average weekly earnings rise by 5.6% as workers seek real wage catch-up
Average earnings for employees in the Irish economy rose by 5.6 per cent over the past year to €963.17 a week in the second quarter. Average hourly earnings, meanwhile, rose by 5.4 per cent to €29.71 during the same period. The increases were more elevated than previous readouts and come amid concern that higher levels of inflation, particularly in the services sector, are being driven by wage demands as workers seek compensation for the fall-off in real earnings during the recent inflationary surge. More from the Irish Times:
https://www.irishtimes.com/business/2024/08/27/average-weekly-earnings-rise-by-56-as-workers-seek-real-wage-catch-up/
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7. Strong public backing for new workplace pension scheme
More than four in five adults support the proposal to auto-enrol workers aged between 23 and 60 and earning more than €20,000 into an occupational pension plan if they are not already in one, according to the survey by life insurer and pensions specialist Royal London Ireland. The scheme is scheduled to be up and running by next year, though there are doubts that the Government can meet the latest of its much delayed targets, not least because of the looming prospects of a general election in the autumn. Business leaders have also called for the system to be phased in over an initial 12-month period. More here from the Irish Times:
https://www.irishtimes.com/business/work/2024/08/26/strong-public-backing-for-new-workplace-pension-scheme/
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8. Changes to work permits to come into force next week
Changes to employment permits, designed to make the system more flexible, will come into force from Monday 2 September. Regulations giving effect to the Employment Permits Act were signed and under the new rules:
- certain categories of permit holders will be able to change employer after a nine month period
- a new seasonal employment permit will be introduced to support the seasonal needs of certain sectors such as fruit picking.
- subcontractors will be given access to the employment permit system
More here from RTÉ:
https://www.rte.ie/news/business/2024/0828/1467182-changes-to-work-permits-to-come-into-force-next-week/
Employment Permits Act 2024 information note
The Department of Enterprise, Trade and Employment has provided guidance on the new and amended provisions to the Employment Permits Act 2024 with effect from Monday, 2 September 2024:
https://enterprise.gov.ie/en/publications/publication-files/employment-permits-act-2024-information-note-on-key-changes.pdf
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9. HR Developments
How to write a compelling job posting with free templates
According to an Indeed survey, 52% of jobseekers consider the quality of a job description to be highly influential in their decision to apply for a job. AIHR provides hints on writing a job postings as well as handy templates for internal and external vacancies, including social media platforms such as LinkedIn and Indeed:
https://www.aihr.com/blog/job-posting-template
An offer they can’t refuse: Negotiating in the workplace
Negotiating requires research, confidence and tact, and is a skill that will serve you throughout your life. From amending your working hours, to salary and title changes, there are many reasons why you might find yourself in a negotiating position in the workplace. When you get the chance to put yourself forward for something, negotiation skills can be crucial in closing the deal. So, what are some top tips to aid you the next time an opportunity comes knocking? Silicon Republic has more here:
https://www.siliconrepublic.com/advice/negotiating-in-the-workplace-skills-employee-advice
Coffee, cake and cybersecurity
Working from a hotel, cafe, library, airport or an outdoor space with free Wi-Fi, can put a pep in your step, providing a much needed mental health boost to your day. In fact, some of the benefits of working this way include feeling happier, energised and more productive. But there are some downsides too; mainly, the issue of cybersecurity, as public networks can expose your organisation and devices to cyberattacks. So, how can you protect yourself and your company when working in public spaces? Silicon Republic has more on this:
https://www.siliconrepublic.com/advice/coffee-cake-cybersecurity-public-internet-advice
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10. Health and Safety Developments
Hazard identified 15 months before worker fell to his death, inquest hears
The potential hazard posed by a fragile floor surface on the top floor of an office building in Dublin was identified 15 months before a telecom subcontractor fell to his death from the area, an inquest has heard. John McCann died after falling 24 metres down a ventilation shaft at the Irish headquarters of engineering consultancy firm, Ove Arup and Partners. The Court heard the married father of seven fell down six floors of the building to its basement level after stepping onto a surface that looked like a concrete floor but which consisted of just insulation and fire-resistant material around 60mm in depth. More from Breaking News:
https://www.breakingnews.ie/ireland/hazard-identified-15-months-before-worker-fell-to-his-death-inquest-hears-1666286.html
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11. Employment News in the Media
A former fiddler for top country music star Michael English has been awarded nearly €44,000 for unfair dismissal and breaches of employment rights after a tribunal rejected claims that the musician was a contractor working "gig to gig" for six years. More:
https://www.rte.ie/news/business/2024/0829/1467275-fiddler-wins-43-000-in-major-gig-economy-case-at-wrc/
Is your boss texting you on the weekend? Work email pinging long after you've left for home? Australian employees can now ignore those and other intrusions into home life thanks to a new "right to disconnect" law designed to curb the creep of work emails and calls into personal lives. The new rule, which came into force on Monday, means employees, in most cases, cannot be punished for refusing to read or respond to contacts from their employers outside work hours reports the Irish Examiner:
https://www.irishexaminer.com/business/economy/arid-41463439.html
Plumbers, fitters, welders and apprentices on construction projects, who are members of the Unite trade union, are to take strike action next month in a dispute over travel allowances. The union said action will begin with a full day of work stoppages on Friday 6 September, with pickets placed at sites around the country reports RTÉ: https://www.rte.ie/news/ireland/2024/0826/1466782-strike-action/
On 26 August, the Dutch Data Protection Authority (DPA) fined Uber EUR 290 million for a breach of the General Data Protection Regulation (GDPR). Following a number of complaints from French Uber drivers, the DPA found that Uber transferred personal data relating to European drivers to the US without adequately protecting those data in doing so. The DPA marked this ‘a serious violation of the GDPR’. Ius Laboris has more on this story:
https://iuslaboris.com/insights/dutch-dpa-imposes-a-fine-on-uber-of-eur-290-million-for-transferring-sensitive-personal-data-to-the-us/
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12. Friends of Legal Island
Embracing Workplace Inclusion
Barry Walsh from Focus on Diversity spoke at our Annual Review last year. Now, he’s turned it up a notch and is delivering a course, working with Rathmines College, specifically designed for people with disabilities, focusing on practical hints, tips, and tricks to help them navigate the job market and secure employment. Best wishes from all of us at Legal Island, Barry!
CIPD HR Awards in Ireland 2025 – Open for entries
The CIPD in Ireland has launched their 2025 awards which spans 14 categories to recognise the impact of the people profession. Closing date for entries is Friday 16 October 2024. You can find out more here:
https://cipdirelandhras.awardsandconferences.com
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13. Free Webinars This Month
HR’s Role in Addressing Domestic Abuse
Tuesday 3rd September, 11:00am - 11:45am
As HR professionals, safeguarding the well-being of our employees is a paramount responsibility. Unfortunately, domestic abuse is an issue that affects many; in 2023, more than 54,000 domestic abuse complaints were made to An Garda Síochána, marking an 8% rise compared to the previous year. Domestic abuse and its repercussions often extend into the workplace, impacting productivity, morale, and overall health. It is essential HR makes a positive impact by fostering a supportive workplace culture to those affected.
In this webinar, Emma Quinn from Eversheds Sutherland joins Victoria Smith from Legal Island to discuss this topic. Emma will set out the practicalities and will provide her legal insights to help you:
- Gain practical strategies to support employees dealing with domestic abuse, ensuring their safety and well-being at work.
- Know your legal responsibilities under the Work Life Balance and Miscellaneous Provisions Act by providing Statutory Domestic Violence Leave for staff.
Our expert speakers will provide guidance to help you handle these sensitive situations with empathy and effectiveness. Victoria will also take your questions at the end and discuss with Emma on what HR can and should be doing to tackle this issue. NOTE: – send questions in live during the webinars or drop a line in advance to
webinars@legal-island.com Anonymity assured.
You can reserve your spot here:
https://attendee.gotowebinar.com/register/4506468694327002207?source=WR
Comparative Law Webinar with Lewis Silkin LLP
Thurs 19th Sept, 11am - 11.45am
With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions.
Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:
- Zero-hours contracts
- Family rights
- Domestic abuse
This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP.
Register for free:
https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up
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.
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