This week's top 5:

1. Irish Revenue offer amnesty to employers affected by Karshan ruling 👤
2. ‘We’re like a family here’: does this interview cliché signal a toxic workplace?☠️
3. 16% of employees who lost jobs believe terminations written by AI ✨
4. “Mental health must be a year-round priority, not a tick-box exercise” warns expert 🧠
5. Office assistant mistakenly paid 300 times monthly wage gets to keep the cash 💰

And in other news.... We’re excited to announce the return of our HR Network! Our upcoming HR Network Lunch at Ely Wine Bar, Dublin 2 on Thursday 23 October (12:30–2:00pm) is already filling up. Join peers, the Legal Island Knowledge Team and Legal Island MD Jayne Gallagher for good food, great conversation, and a fireside chat with special guest Duncan Inverarity of A&L Goodbody as he reflects on his career ahead of retirement. A few limited places remain, so if you’d like to attend this FREE networking get-together, please contact sarahc@legal-island.com directly. RSVP by 5pm on Tuesday 14th Oct.

**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. Annual Review Session of the Week
3. AI and Employment Law
4. Budget 2026
5. Wages
6. Employee Benefits and Wellbeing
7. How to stay ahead of NIS2 and the latest EU cybersecurity rules
8. Just In Case You Missed It....
9. HR Developments
10. Employment News in the Media
11. Friends of Legal Island

Joselyn Moreira v Good Place Beauty Limited ADJ-00056911

Summary: Non-payment of wages, tips, statement of terms and conditions of employment.

Practical Guidance for Employers: 

Employers should:

• Provide written terms of employment to every employee within the statutory timeframe, as required by the Terms of Employment (Information) Act 1994. Verbal agreements or informal arrangements can lead to disputes regarding pay, hours, or conditions. A clear, written contract protects both the employer and employee by outlining expectations, pay rates, and working hours from the outset.       
  
  
• Accurate and transparent payment practices are also essential. Employers must ensure that all hours worked are properly recorded and paid in full at the agreed rate. Under the Payment of Wages Act 1991, any underpayment or failure to distribute electronic tips can be considered an unlawful deduction, exposing the business to significant financial penalties and reputational damage.    
  
  
• It is also important to comply with the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022, which requires employers to distribute electronic tips fairly among employees. Keeping or withholding tips is prohibited unless the employer performs substantial front-line duties. 
  
  
• Maintain open communication and proper documentation as it helps prevent misunderstandings. Employers should attend hearings and respond to employee complaints promptly. Ignoring claims or failing to present evidence can result in the employee’s version being accepted uncontested, leading to costly awards against the business.
  

Read the full Review here: Joselyn Moreira v Good Place Beauty Limited [2025]

Richard Lynch v National Agrochemicals Distributors Ltd ADJ-00056116

Summary: Employer ordered to pay due holiday pay on cessation.

Practical Guidance for Employers: 

Employers should:

• Actively ensure that employees are given a fair opportunity to take their statutory and contractual annual leave each year. Under the Organisation of Working Time Act 1997, paid annual leave is a fundamental right and cannot simply be lost at the end of the leave year unless the employer can prove that the employee was clearly informed of the risk of forfeiture and encouraged to take it.
   
  
• A written contract alone is not sufficient protection if, in practice, employees are pressured not to take time off due to workload or business demands. Employers should maintain clear, documented records of leave entitlements, requests, and approvals, and issue written reminders before the end of each leave year. 
   
  
• When employment ends, employers must calculate any untaken leave and pay the corresponding allowance in lieu. Failure to do so can result in significant compensation awards. 
   
  
• Train managers to handle annual leave proactively and communicate clearly about entitlements, carryover limits, and the “use it or lose it” policy. Proper record-keeping, transparency, and compliance with statutory obligations not only prevent disputes but also promote employee wellbeing and operational consistency.

Read the full Review here: Richard Lynch v National Agrochemicals Distributors Ltd [2025]

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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.

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It’s almost here! Legal Island’s Annual Review of Employment Law, our flagship event of the year takes place on 27th November, live at the Aviva Stadium (and online for those who prefer to tune in from afar).

This is the go-to event for HR professionals who want to stay ahead of the curve, get practical insights from leading experts, and connect with peers who are shaping the future of work.

Each week between now and the big day, we’ll shine a spotlight on the must-see sessions in this year’s packed programme.

Don’t miss out.  Check out the full line-up and secure your spot today. More details here.

Here is our session of the week: 

Top Irish Employment Law Cases of 2025: Insights & Implications

Duncan Inverarity, Partner, A&L Goodbody LLP sets out the main developments in ROI cases in 2025. Duncan will guide you through the legal labyrinth of recent case law, enabling you to learn from real-life examples and avoid common mistakes to safeguard your organisation.

*Subjects covered in this session will focus on the most important ROI cases by November 2025.

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Can AI break down ‘accent bias’ in the workplace?

Arto Minasyan believes that AI has the potential to deconstruct barriers and promote inclusivity. In an ideal world, the workplace would be an open, transparent and welcoming space for people of all backgrounds to share their insights, experiences and career aspirations. Many organisations do indeed foster a culture that holds those beliefs at their core, but many do not and prejudices based on social status, age, gender, religion and country of origin can quickly take root. Silicon Republic has more.

Managers use AI to draft or revise performance reviews 

A ZeroBounce survey found more than a quarter of employees (26%) suspect their performance review was generated by AI, with suspicions highest among younger workers and those in tech. Sixteen percent of employees who lost jobs believe the termination email they received was written by AI, and 20% said they cried when they read such an emotionless layoff message. You can read more on this story from Tech Radar.

Talent strategies for business expansion and growth

In order to thrive, organisations have to implement powerful talent strategies that pay attention to diversity, inclusion and flexibility. These tactics not only assist in the formation of new and innovative teams as well as resilient ones but also in ensuring that they are in line with the requirements that are unique to new markets. This article from HR Director explores old and new talent management models in determining how businesses can grow successfully. Read more here.

AI for HR Weekly Podcast – with Barry Phillips

This week's episode: This week KPMG 2025 published their annual Global CEO Outlook report and its findings surprised a good many in HR

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

Listen on all major platforms: 🎧 Spotify🎧 Amazon Music 🎧 Apple Podcasts

Simply search for “AI for HR Weekly Podcast” and enjoy expert insights anytime, anywhere.

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CIPD: HR implications of Budget 2026

Here is a summary:

• Wage & Tax Updates: Minimum wage will rise to €14.15/hour from January 1, 2026, and the USC 2% rate threshold will increase to €28,700, giving employees €1,318 more exempt from USC.
  
  
• Family & Carer Support: Working Family Payment thresholds will rise by €60/week, Child Support Payment rates will increase, and Carer’s Allowance income disregard will jump to €1,000 (single) and €2,000 (couple).
  
  
• Sector Investment & Pensions: Funding is planned for pension auto-enrolment (covering 750,000 people), Jobseekers Pay-Related Benefit, childcare, education, disability services, and Employment Regulation Orders to standardise sector pay.

The full CIPD article can be found here.

Minister of State for Disability Hildegarde Naughton on Budget 2026

€3.83 billion will be provided to specialist disability services in 2026, an unprecedented increase of €618 million, or almost 20%. The increased allocation will help provide financial stability to a sector which has seen significant cost increases over recent years, in addition to a rising demand for services. You can read the full speech.

And other responses...

Irish Congress of Trade Unions Budget 2026 response

The ICTU says the delay in replacing the national minimum wage with a living wage will cost the country’s lowest paid workers €600 each next year. ICTU General Secretary Owen Reidy said an increase to the minimum wage announced in the budget was 30 cent lower than it would have been had the shift not been deferred by the Government from 2026 to 2029. More from ICTU.

Disappointing and underwhelming: the verdict of defence and garda groups on budget

Both policing and military staff groups have criticised the claim in the budget that garda and Defence Forces numbers will increase.   One defence source said this would require more than 1000 recruits in the next 12 months because of the regular retirements and natural resignations of people leaving the forces. More from the Journal.

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10% average increase in minimum hourly rates of pay for an estimated 35,000 Early Years Educators and School-Age Childcare Practitioners

A new Employment Regulation Orders will apply to approximately 35,000 staff in the Early Years and School-Age Childcare sector. While around one third of staff are already being paid above the current minimum rates of pay, it is estimated that 67% (23,000 approximately) of those working in the sector will see their wages increase as a result of the new minimum pay rates. You can read more on this here.

Irish Revenue opens window for post Karshan disclosures

In October 2023, the Irish Supreme Court delivered its judgment in The Revenue Commissioners v Karshan (Midlands) Ltd t/a Domino’s Pizza (the “Supreme Court Judgment”) regarding a dispute over the classification of workers as employees or independent contractors.  It was determined by the Tax Appeals Commission (“TAC”) in that case that the workers in their role as delivery drivers for Karshan Ltd (the “Company”) were employees of the company for tax purposes. Irish Revenue are now inviting employers impacted by the Supreme Court Judgment to make disclosures by 30 January 2026, on an amnesty basis and the team at Eversheds Sutherland provides guidance.

And...

Public Consultation on Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work (Platform Work Directive)

The Directive aims to enhance working conditions and data protection for individuals engaged in platform work across the EU. It introduces measures to help determine the correct employment status of platform workers, and sets out rules to increase transparency, fairness, and accountability in the use of algorithmic management systems, including provisions for human oversight. Submissions should be completed by 5 pm on Monday, 3 November 2025 and you can find out more here

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My Future Fund Update for Employers and Employees

As part of Budget 2026 the Government has provided €154m to cover its contributions to the retirement savings of workers under the new MyFutureFund scheme. Read the government update here.

If HR champions wellbeing, who looks after HR?

People teams are under greater pressure than ever thanks to fast-changing external forces and increasing expectations placed upon them by leaders and employees. But while HR is looking after everyone else, who is thinking about their wellbeing? More from Personnel Today.

“Mental health must be a year-round priority, not a tick-box exercise” warns expert

World Mental Health Day may raise valuable awareness, but employers risk undermining their commitments if their support for staff begins and ends with a single date in the calendar. This article from HR News looks at why mental health support should be a continuous commitment for employers.

What if working from home was a legal right?

Australia’s second most populous state of Victoria is planning another ground-breaking move: a law giving workers in both the private and public sectors the right to work from home for at least two days a week. In the process, it is shaking the politics of remote working in a way that governments elsewhere may find hard to ignore. And that is a daunting prospect for the 83 per cent of global chief executives who last year said they expected to see workers back in the office full-time within three years. The Irish Times has more on this story. 

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Legal expert Ricky Kelly from RDJ explains the current cyber regulatory landscape and what businesses can do to stay up to date in this article from Silicon Republic.

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Q&A: Managing 'Use It or Lose It' Policies for Annual Leave Effectively

Rachel-Maria Moore, Solicitor at A&L Goodbody's Employment Law Practice Group, answers questions about annual leave, use it or lose it policies and carry over. Read more here.

‘How to’ go from ‘Custom and Practice’ to ‘Contract Variation’

Gerry McMahon examines the contentious subject of ‘custom and practice’ in Irish industrial relations. Read more here.

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Why candidate power persists in a cooling labour market

Despite employer advantages, candidates are still dictating the terms of hiring. Personnel Today asks how HR leaders guide business leaders toward a deeper understanding of what candidates truly value in this article.

‘We’re like a family here’: why this interview cliché could signal a toxic workplace

If you’ve ever sat in an interview and heard a hiring manager say, “We’re like one big family here,” you might have felt reassured. After all, what could be wrong with a close-knit, supportive workplace? However according to career experts, this phrase often carries a more troubling subtext — one that could point to overwork, blurred boundaries, and even a toxic culture. Business Matters has more.

Gartner's 2026 Top Priorities for CHROs

Gartner surveyed hundreds of CHROs across all major industries to uncover the latest HR trends, priorities and expected challenges for 2026. AI transformation tops the list, followed by workforce redesign in the human-machine era, mobilising leaders for growth during uncertainty, and embedding organizational culture to drive performance. You can find out more here.

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A survey of more than 1,200 members of the Mandate trade union in the bar and retail trades shows that nearly two-thirds of them have suffered verbal abuse in the course of their work. More from RTE.

Irish Rail has been ordered to repay €4,900 it deducted from the wages of an inspector who owed the company almost €84,000 in costs following a failed legal case arising out of the conduct of a disciplinary hearing. Barry McKelvey was previously awarded €500 in compensation at the Workplace Relations Commission, but appealed the decision to the Labour Court, where he sought the repayment of €8,200 which had been deducted from his wages by the company in an attempt to recover the debt, reports the Irish Times.

Two people have been sent forward for trial in connection with an alleged scheme to defraud almost half a million euros from Trinity College’s Student Hardship Fund. Helen Richardson, who worked as a student support officer at the college, is facing over a hundred theft and money laundering charges. She is accused of stealing and transferring sums of between €1,550 and €3,000, 102 times, on different dates over a two-year period between 2021 and 2022.
More from the Journal.

A leading provider of services for people with disabilities has been ordered to pay compensation of €44,000 to a social care worker who was discriminated against because she was “not Caucasian and not a man.” The WRC ruled that Saint John of God Community Services discriminated against Julie Kelly in breach of the Employment Equality Act 1998, on grounds of both gender and race. More from Breaking News.

Trade union official Brendan Ogle has lost a Labour Court appeal of a discrimination case taken against his employer Unite. Mr Ogle had claimed that his duties had been downgraded after his return from cancer treatment and that he been discriminated against, a claim denied by Unite, reports RTE.

A storeman who was dismissed after greeting a colleague with “top of the morning to ya” in a mock Irish accent has been awarded more than £16,000 (€18,400) for unfair dismissal. Karl Davies was employed at the Oscar Mayer meal manufacturing site in Wrexham, Wales. While listening to Irish music, he greeted manager Scott Millward in a mock Irish accent, an employment tribunal heard. Mr Millward had been accompanying a “red-headed” auditor when the comment was made and repeated. More from Business Plus.

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Congratulations to Ireland’s Top Legal Minds

We’re delighted to see so many of the talented lawyers we work with recognised in The Business Post’s Top 100 Legal list. Your dedication and expertise set the standard for excellence in the Irish legal profession. Congratulations from all of us at Legal Island!👏 

Enjoy your weekend!

Legal Island

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