☘️ Top 5 this week – no luck needed!

1. 📌 Reasonable Accommodation Case: A clerical officer takes on a government department.
2. ⚖️ High Court shakes things up for former Debenhams workers.
3. 📂 DPC new guidance on handling of Subject Access Requests.
4. 🎤 Event Spotlight: Your must-attend HR dilemmas session of the week!
5. 🚺 Gender pay gap alert: 40% of Irish firms still in the dark!

In other news......JOIN Laura McKee, Legal Island and Sinead Morgan, Legal Director at DAC Beachcroft for our FREE webinar, Managing Protected Disclosures in the Workplace on 19th March at 11am. REGISTER here.

**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. AI and Employment Law 
3. Event: Legal Answers to HR Dilemmas, Session of the Week
4. Equality
5. Data Protection & Cybersecurity
6. Industrial Relations
7. Debenhams Retail Ireland Limited (In Liquidation) v Jane Crowe
8. Recruitment & Pay
9. Just in Case You Missed it....
10. HR Developments
11. Employment News in the Media
12. Free Webinars This Month

A Clerical Officer v A Government Department ADJ-00049202

Complainant:  A Clerical Officer

Respondent: A Government Department

Summary: The WRC awarded €15,000 to employee for discrimination on grounds of disability.

Practical Guidance for Employers: 

Employers should:

1. Ensure that employees with disabilities receive reasonable accommodations tailored to their specific needs. This includes proactively discussing potential challenges and making accommodations that enable them to perform their duties effectively. In this case, the Complainant did not initially request accommodations for impaired judgment, highlighting the importance of open communication and continuous assessment.
2. When addressing conduct issues, employers should follow standard disciplinary procedures, regardless of an employee’s disability. Deviating from these procedures, as seen in this case, can lead to claims of differential treatment. Employees should be given a fair opportunity to respond to concerns, show improvement, and understand the consequences of their actions.
3. Document all accommodations provided and decisions made, ensuring compliance with employment laws. Seeking medical or expert advice when an employee’s disability may impact behaviour can prevent misunderstandings. 
   

Read the full Review here:
 A Clerical Officer v A Government Department [2025]

Jamie McGee Gilmore v Aaron Coughlin trading as Finn McCool’s Bar, Ballyshannon ADJ-00054333

Complainant: Jamie McGee Gilmore

Respondent: Aaron Coughlin trading as Finn McCool’s Bar, Ballyshannon

Summary: Case highlights the importance of respondent employer engaging in the WRC process to avoid financial and reputational consequences.

Practical Guidance for Employers: 

The case demonstrates employers should engage with the WRC process. This is to ensure fair treatment of employees and to avoid financial / reputational consequences. The Respondent’s failure to engage properly with the WRC led to a substantial award of €10,396, highlighting the risks of neglecting employment law responsibilities.

One key issue was the lack of formal procedures. The Respondent treated employees informally, failing to provide written contracts, rest breaks, and minimum notice. They also failed to follow fair dismissal procedures. The WRC ruled against the Respondent because they did not present evidence to justify their decisions. Employers must understand that employment laws exist to protect both parties, and a hands-off management approach does not absolve them of their legal duties.

To avoid similar outcomes, employers should:

1. Maintain clear records of employee contracts, hours worked, and pay.
2. Follow legal procedures for dismissals, ensuring proper notice and justifiable reasons.
3. Respond to WRC claims, submit evidence, and attend hearings to present their case.
4. Seek legal or HR advice when handling disputes.

Engaging with the WRC proactively can prevent costly awards and legal repercussions while fostering a fair and legally compliant workplace.

Read the full Review here:
Jamie McGee Gilmore v Aaron Coughlin trading as Finn McCool’s Bar, Ballyshannon [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:
https://legal-island.ie/employment-law-hub/case-law

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AI is a €250bn opportunity for the Irish economy

AI is expected to add €250bn to Ireland’s economy by 2035, as AI use surges to 91%, according to a report by Microsoft and Trinity College Dublin. More:
https://www.thinkbusiness.ie/articles/ai-opportunity-irish-economy-microsoft-tcd/

CeADAR and Google Ireland team up to help Irish businesses use AI

As part of the agreement, Google will provide €3m in Google Cloud credits, mentorship and access to AI tools. CeADAR, Ireland’s Centre for AI, has struck a deal with Google to help Irish businesses capitalise on artificial intelligence (AI). The strategic partnership will focus on building an AI-ready workforce and driving the adoption of AI-powered tools in order to boost competitiveness and productivity. More from Silicon Republic:
https://www.siliconrepublic.com/business/ceadar-google-ai-deal-irish-businesses-artificial-intelligence

AI expected to add €250b to Ireland's economy by 2035 - report

The AI Economy in Ireland 2025 report by Microsoft and Trinity College Dublin found that AI adoption is expected to increase Ireland’s Gross National Income (GNI) by at least €130 billion by 2035. According to the study, AI adoption in Ireland has surged to 91%, nearly doubling from 49% in 2024, a significant leap that now puts Ireland ahead of many of its EU counterparts after previously trailing behind, reports RTÉ:
https://www.rte.ie/news/business/2025/0313/1501778-ai-irish-economy/

How to Deal with the AI Naysayers

Barry explores common objections to AI in the workplace, debunks myths, and shares practical strategies for addressing scepticism. Learn how to bring your team on board while balancing innovation and compliance. Listen now!

How to Deal with the AI Naysayers

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Legal Answers to HR Dilemmas – Mastering Modern Workplace Challenges

27th March 2025, Online

Speakers: Leading Employment Law Team at Eversheds Sutherland (Ireland) LLP

When staff are away, do you have the right legal and HR safeguards in place? From sickness absences to remote work policies, Legal Island’s Legal Answers to HR Dilemmas event will equip you with expert guidance to manage tricky workplace dilemmas with confidence.

Here is a taster to one of the sessions on the day……

Dilemma 2: Remote Working Requests: Juggling Flexibility, Productivity, and Pyjamas

With the introduction of the Work Life Balance (Miscellaneous Provisions) Act 2023 and the Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Working, these type of requests are on the rise (significantly!), and employers must respond effectively. Employers are faced with the challenge of accommodating these requests while maintaining productivity and company culture.

Conor Fynes, Associate, Eversheds Sutherland LLP (Ireland) will:

1. Explore current trends in remote work demand and employee preferences, as well as practicalities in how to implement this into your workplace.
2. Provide top tips on how to develop comprehensive remote and flexible working work policies that outline expectations, communication protocols, and performance metrics
3. Share the key lessons from recent case-law before the WRC on this issue – including case of Karabko v TikTok Technology Ltd and Rafael Andrade Jorge v Centric Mental Health.

Get practical, up-to-date legal advice to keep your organisation compliant and avoid costly mistakes

Read the full programme and BOOK your place here: 
https://legal-island.ie/events/legal-answers-to-hr-dilemmas-roi

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Minister Foley announces gender pay reporting portal for public & private sector organisations to mark International Women’s Day

Minister Norma Foley, Minister for Children, Disability and Equality has announced on International Women’s Day that a new gender pay reporting portal for 6,000 public and private sector organisations will be launched in the autumn. The online portal will, for the first time, bring reports from all private and public sector organisations together instead of having them published on individual websites. The portal will help draw attention to the importance of gender pay gap reporting, and will be fully searchable by members of the public. More from gov.ie:
https://www.gov.ie/en/press-release/f6d9c-minister-foley-announces-gender-pay-reporting-portal-for-public-private-sector-organisations-to-mark-international-womens-day/

40% of Irish firms not aware of gender pay obligations

40% of firms in Ireland with between 50 and 149 employees are unaware of their legal obligation to report on gender pay disparities. A survey by HRLocker ahead of International Women’s Day of 100 senior HR professionals in businesses of all sizes across Ireland found that smaller firms are dangerously behind with many at risk of non-compliance. More from thinkbusiness.ie:
https://www.thinkbusiness.ie/articles/gender-pay-gap-reporting-irish-business/

IHREC invites two recruitment agencies used by public sector bodies to undertake equality reviews

The Irish Human Rights and Equality Commission (IHREC) announced that it has used its legal powers, under Section 32(1)(a) of the 2014 IHREC Act, to invite two recruitment agencies, Sigmar Recruitment Consultants Limited (‘Sigmar Recruitment’) and Staffline Recruitment (ROI) Limited (‘Staffline Recruitment’), to each carry out an equality review of their respective services. Both companies have accepted these invitations. Under the Public Service Management (Recruitment and Appointments) Act 2004, the Commission for Public Service Appointments can grant licenses to public bodies to enable them to undertake their own recruitment. Those public bodies can in turn can seek the assistance of a private sector recruitment agency with the tasks associated with the recruitment processes. More from IHREC:
https://www.ihrec.ie/ihrec-invites-two-recruitment-agencies-used-by-public-sector-bodies-to-undertake-equality-reviews/

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The DPC's handling of Subject Access Requests

Read the new guidance note from the Data Protection Commissioner on the handling of DSARs here:
https://www.dataprotection.ie/en/dpc-guidance/blogs/DPC-handling-of-Subject-Access-Requests

Porter sacked over Passport Office database breach loses claim

A Department of Foreign Affairs porter who was one of two civil servants sacked in the wake of a data breach and the discovery of an unauthorised computer in the basement of the Passport Office in Dublin in 2022 has lost a challenge to his dismissal. There had been "sustained" unauthorised access to the restricted passport database in 2022 after a civil servant with clearance to log into it gave out his login details so that he could be clocked in and out on the Civil Service flexi-time system, the Workplace Relations Commission was told last year. RTÉ has the full story:
https://www.rte.ie/news/business/2025/0306/1500628-sacked-passport-office-porter-loses-dismissal-claim/

Less than one-third of Irish people taking basic online precautions

Research from the Banking & Payments Federation Ireland (BPFI), shows there has been an uptick in how often people are targeted by scams via their communication devices. Research released on 10 March by fraud awareness initiative FraudSmart, as part of a new Banking and Payments Federation Ireland (BPFI) awareness campaign ‘See the Scam Behind the Screen’, has shown that more than three-quarters of surveyed Irish adults (78pc) are being targeted by scam text messages, emails, phone calls or online content monthly. Read more:
https://www.siliconrepublic.com/enterprise/less-taking-basic-online-precautions-ireland-cyber-landscape

William Fry seminar urges businesses to check NIS2 compliance

Irish businesses have been urged to take pro-active steps to ensuring compliance with the EU’s new NIS2 Directive. Only 13 per cent of attendees at a William Fry seminar on NIS2 said they were very confident in their vendors’ and suppliers’ cybersecurity practices. The event, “Navigating NIS2: Requirements, Best Practices and Practical Insights”, highlighted the latest trends and challenges in the cybersecurity landscape and provided a platform for industry experts to share insights and best practices for compliance with the new directive. More from Irish Legal News:
https://www.irishlegal.com/articles/william-fry-seminar-urges-businesses-to-check-nis2-compliance

🔍 Feeling a little rusty on data protection and employment law? Get up to speed with the experts from A&L Goodbody at Legal Island’s Data Protection Update in Ireland on 28th May 2025. Don’t miss key insights. Find out more HERE

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Bord na Móna Recycling workers vote for strike action

SIPTU members employed by Bord na Móna Recycling, the country’s last publicly owned domestic waste collection service, have voted overwhelmingly for strike action in a dispute over the protection of workers’ terms and conditions of employment, which are threatened by a proposed privatisation. More from SIPTU:
https://www.siptu.ie/bord-na-mona-recycling-workers-vote-overwhelmingly-for-strike-action/

Govt welcomes 'unprecedented' pay deal for health, social care workers

The Government has welcomed what it described as unprecedented funding proposals for pay increases for health and social care workers in the community and voluntary sector. Agreement was reached at the Workplace Relations Commission last night following talks between unions and Government representatives. The proposals will now be considered by unions and their members over the coming days. The deal includes a 9.25% pay increase for up to 40,000 workers backdated to October 2024 with phased increases in 2025 and 2026. More from RTÉ:
https://www.rte.ie/news/business/2025/0311/1501348-workers-pay-deal/

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High Court overturns decision on compensation for former Debenhams workers

The High Court has overturned a decision which could have meant the payment of hundreds of thousands of euro in compensation for former Debenhams workers. Mr Justice Anthony Barr reversed a Labour Court decision which found the retail clothing store should pay €1,140 to a shop assistant for a breach of its obligations under the Protection of Employment Act, 1977 in relation to consultations with workers’ representatives once redundancies are contemplated. It was a test case for 792 other ­former workers. More from Irish Independent:
https://www.independent.ie/business/high-court-overturns-decision-on-compensation-for-former-debenhams-workers/a495854156.html

For more on this, check out Irish Legal News' article here:
https://www.irishlegal.com/articles/high-court-appeal-allowed-against-labour-court-findings-in-debenhams-test-case

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Tech firms primed to hire but shortage of skills could hinder recruitment plans

Employers in the tech sector have the strongest appetite to hire new staff to grow their businesses, despite recent high-profile job cuts in the industry.  However, a record skills shortage is hindering recruiters in their efforts to hire. The Irish Independent has more on this:
https://www.independent.ie/irish-news/tech-firms-primed-to-hire-but-shortage-of-skills-could-hinder-recruitment-plans/a244671210.html

CIPD-IRN Private sector pay and employment 2025

The annual CIPD–IRN private sector report captures the changing pay and employment trends as well as the drivers of change in the labour market in Ireland. One of the key findings is projected pay increases for 2025 have dropped to an average of 3.66%, compared with a projection of 4.38% for 2024, reflecting greater economic uncertainty. You can access the report here: 
https://www.cipd.org/ie/knowledge/reports/private-sector-pay-survey/

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How to: Avoid a Workplace Bullying Verdict

Gerry McMahon in is How to series provdies a comprehensive article on how to avoid a workpalce bullying verdict. Read the full article here:
https://legal-island.ie/employment-law-hub/how-to-avoid-a-workplace-bullying-verdict

HR Interview Series: Ruth Feely, Tom Smyth & Associates

This month, Legal Island interviewed hospitality manager turned HR Consultant, Ruth Feely, Tom Smyth & Associates on how she went back to university and changed her career. Read the inspiring interview here:
https://legal-island.ie/employment-law-hub/hr-interview-series-ruth-feely-tom-smyth-associates

Has the Twitter case moved the goalposts in assessing remuneration in unfair dismissals claims?

Recent exceptional awards made by the WRC highlight the importance of assessing remuneration when making provisions for the settlement of an unfair dismissal claim. Under the Unfair Dismissals Act 1977, complainants can seek re-engagement, reinstatement or compensation. Typically, compensation is the most common award both requested and made by the WRC. Most practitioners will be aware that the maximum compensation award under the unfair dismissals' legislation is two years' remuneration, which is generally limited to the Complainant's actual loss. If the Complainant has not suffered financial loss, then the WRC only has jurisdiction to award them a total of four weeks' pay. Sinead Morgan, Legal Director, DAC Beachcroft's employment law team has more:
https://legal-island.ie/employment-law-hub/has-the-twitter-case-moved-the-goalposts-in-assessing-remuneration-in-unfair-dismissals-claims

Adapting for Equality – What’s Next for Employment Equality and Equal Status Legislation?

The Government committed to a review of Irish equality legislation in June 2021. On 6 February 2025, the Department of Children, Equality, Disability, Integration and Youth published a review of Ireland’s equality legislation, particularly focusing on the Employment Equality Acts 1998-2021 and the Equal Status Acts 2000 to 2018. A general scheme in Irish law is an early stage in the legislative process, which broadly sets out what a full draft bill is expected to look like but is subject to change. The Scheme includes provisions to implement the EU Pay Transparency Directive as well as proposing changes to time limits relating to certain employment equality and equal status claims, discussed below. read the full article by Siobhán Lafferty
Senior Associate Solicitor Byrne Wallace Shields LLP here:
https://legal-island.ie/employment-law-hub/adapting-for-equality-whats-next-for-employment-equality-and-equal-status-legislation

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Recognition rising – why regular appreciation is so important

Leaders must prioritise recognition and as part of this, they must teach leaders and employees how to recognise each other in ways that are thoughtful and meaningful. Research revealed that when recognition happened frequently and in meaningful ways employees were eight times’ more likely to feel a strong sense of belonging, and five times’ more likely to want to stay with the company for two years or more. HR Director has more on this:
https://www.thehrdirector.com/business-news/employee-experience/recognition-rising-regular-appreciation-important/

What Sets Inspirational Leaders Apart

When people around the world are asked to reflect on both inspiring leaders and infuriating leaders, they point to three factors that distinguish the former from the latter and this article from Harvard Business Review outlines them:
https://hbr.org/2025/03/what-sets-inspirational-leaders-apart?

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A remote worker who said she was given the “impossible” task of relocating from Monaghan to Cork to comply with a return-to-office mandate was made redundant within six months, the WRC has been told. Catriona Douglas said she was “dissatisfied with a decision of a deciding officer in relation to a redundancy lump sum”. However, she said her options were “very limited” when filling out the WRC’s complaint form and that her grievance was with the process that led to her job ending last September. She had worked as a scheduler and administrative assistant earning around €31,500 a year, the Irish Times reports:
https://www.irishtimes.com/business/work/2025/03/11/remote-worker-told-to-relocate-from-monaghan-to-cork-under-return-to-office-mandate/

Former Dundalk FC chief operations officer Martin Connolly is now working shifts in a factory after being "very publicly" dismissed from the club last year, a tribunal has heard. The football executive also alleged that Dundalk's former owner "didn't do any due diligence" before his November 2023 take over of the storied League of Ireland club, in a deal that took just two weeks. The Workplace Relations Commission heard evidence from the former club executive on his loss of earnings as a result of what he claims was an unfair dismissal at the hands of the club's former owner, Brian Ainscough. RTÉ has the full story:
https://www.rte.ie/news/business/2025/0307/1500767-ex-dundalk-fc-executive-very-publicly-dismissed-wrc/

Hundreds of people working for Concern Worldwide are to lose their jobs amid cuts in aid funding. The redundancies, announced by the Irish humanitarian organisation, include around 20% of staff at its head office in Dublin, as well as over 400 other workers abroad. The largest job losses are across 13 of the 26 countries in which Concern works. These are Afghanistan, Pakistan, Bangladesh, Lebanon, Syria/Iraq, Sudan, South Sudan, Ethiopia, Kenya, Haiti, Democratic Republic of Congo, Liberia, and Burkina Faso. TheJournal.ie has more:
https://www.thejournal.ie/concern-worldwide-announces-mass-layoffs-amid-cuts-to-international-aid-6643071-Mar2025/?utm_source=thejournal&utm_content=top-stories

A Garda civilian driver who was temporarily re-engaged after he was forced to retire at the age of 70 can no longer continue to turn up for work, the High Court has ruled. Tom Ronan, who won a WRC case requiring his re-engagement because of discrimination on grounds of age, had been temporarily allowed to return to work after the High Court made an order on January 30th that he should be re-engaged in accordance with the WRC decision. irish Times has more:
https://www.irishtimes.com/crime-law/courts/2025/02/28/garda-driver-who-turned-70-must-stop-turning-up-for-work-court-rules/

A publican who sacked a barman after falling out with the worker's father and barring him has been ordered to pay over €9,000 for unfair dismissal and multiple further employment rights breaches. The worker, Jamie McGee-Gilmore, secured the awards against Aaron Coughlin, trading as Finn McCool’s Bar in Ballyshannon, Co Donegal, after the businessman told a Workplace Relations Commission adjudicator that he "would not pay anything" – and then left the hearing. More:
https://www.rte.ie/news/business/2025/0310/1501273-publican-sacked-barman-after-falling-out-with-his-father/

A judge has slammed a care home for vulnerable children which used “altered” Garda staff vetting and fake background checks as being “at the high water mark of criminality”. Ideal Care Services was fined €3,000 and must pay €2,000 in costs. Its director, Karen Akwuobi, a qualified psychologist with a master’s degree in human resource management, was handed a six-month suspended sentence. You can read more on this from the Journal:
https://www.thejournal.ie/judge-childrens-care-home-garda-vetting-background-checks-6645445-Mar2025/

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Managing Protected Disclosures in the Workplace 

📅 Wednesday, 19th March 2025 
⏰ 11:00 AM – 11:45 AM 
💻 Online

Did you know 1,162 whistleblowing reports were made to public bodies in 2023? One disclosure even led to €3.7 million being returned to the exchequer! Whistleblowing isn’t going away, and with Ireland now boasting one of the world’s strongest whistleblower protection laws, employers must stay ahead.

Join Laura McKee, Knowledge Partner at Legal Island, and Sinead Morgan, Legal Director at DAC Beachcroft as they unpack key cases, share legal insights, and explore practical strategies to foster a culture of trust while staying compliant.

🎯 What You’ll Learn:

1.    What the data from the Office of Protected Disclosures Commissioner’s Annual Report means for your business 
2.    Key takeaways from recent protected disclosure cases 
3.    The difference between a protected disclosure and a grievance 
4.    How to build a culture of transparency and prevent penalisation claims

Live Q&A included—bring your questions!

Register here: https://attendee.gotowebinar.com/register/6651366295212490586

Enjoy the long weekend.

Legal-Island