5 fast reads with your morning coffee ☕️:  

1. Annual Review: 5 GenAI Tools No HR Professional Should Be Without
2. Spike in Upheld Remote Work Complaints, Says WRC
3. Creche Manager Wins €51k After Shocking Parent Assault
4. 1 in 3 Irish Workers Skipped Annual Leave Last Year
5. Biometric Scans: The Future of Office Check-Ins?

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 - 5 GenAI Tools No HR Professional Should Be Without
3. AI and Employment Law
4. Employee Surveillance
5. Remote Working
6. EU Updates
7. Recruitment
8. Gender Pay Gap
9. Just In Case You Missed It....
10. HR Developments
11. Employment News in the Media
12. Health and Safety Developments

An Employee v A Detention Facility ADJ-00038087

Summary: WRC found the employee had been discriminated against on the basis of disability by being wrongly treated as immunocompromised, resulting in denial of promotion, and awarded €20,000 compensation.

Practical Guidance for Employers: 

Employers should:

• Build promotion and placement decisions on current, role-specific information. This means clear essential duties, objective shortlisting criteria, and targeted occupational health input where health is relevant. Invite the employee to discuss reasonable accommodations before deciding. Record the rationale contemporaneously and communicate it plainly.
   
  
• Standardise a promotion protocol. Also, train HR and managers on the Employment Equality Acts duties (disability, reasonable accommodation, burden of proof), unconscious bias, and grievance handling. Allow time for updated medical evidence and avoid exclusion based on outdated or assumed health risks.
   
  
• Be sure to separate medical data from selection materials and apply “need-to-know” access with Data Protection oversight. Use a small reasonable accommodation panel for consistency. Track outcomes to audit fairness. Use neutral language in correspondence; avoid defensive or accusatory phrasing. Offer early resolution options if needed. 
  

Read the full Review here: An Employee v A Detention Facility [2025]

Barry McKelvey v Iarnrod Eireann Irish Rail PWD2534

Summary: The Labour Court found that the employer unlawfully deducted €2,100 from the employee’s wages without statutory authority, contractual term, or consent, in breach of the Payment of Wages Act 1991.

Practical Guidance for Employers: 

Employers should:

• Never deduct from wages without one of the Act’s gateways. They are clear statutory basis, a pre-existing express contractual term, or the employee’s prior written consent. Collective agreements or policies do not suffice unless they explicitly authorise deductions and are incorporated. Keep signed consent forms and issue advance written notice of any proposed deduction.
   
  
• Note, where no deduction clause exists the right route is to pursue civil recovery, negotiated repayment plans, or mediated settlements. Document engagement efforts and offer reasonable instalments. Avoid unilateral payroll deductions. 
   
  
• Maintain a deductions policy and a pre-payment checklist requiring legal/HR sign-off. Train managers on the Payment of Wages Act 1991. Audit payroll files periodically for deduction authority, amounts, and dates. When insolvency or disputes arise, suspend deductions and seek legal advice.

Read the full Review here: Barry McKelvey v Iarnrod Eireann Irish Rail [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.

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: 

5 GenAI Tools No HR Professional Should Be Without

Join Tania Kuklina, Director at KPMG in Ireland, for an eye-opening session on how generative AI is transforming HR. Discover five essential tools that are redefining recruitment, policy development, workforce analytics and employee engagement. Tania will share practical examples and actionable insights to help you harness GenAI responsibly, enhancing efficiency, easing administrative load, supporting compliance and unlocking greater strategic value for your HR team.

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Ryanair flight attendant used alleged AI-generated legal papers in €170,000 discrimination claim, WRC hears

Alleged AI-generated legal papers “rife” with references to irrelevant, misquoted and non-existent rulings which were filed by a Ryanair flight attendant in a €170,000 discrimination claim were “an abuse of process”, an employment tribunal has found.

Rejecting a discrimination complaint against the airline in a decision published on Wednesday, a Workplace Relations Commission (WRC) adjudicator wrote that the claimant “wasted” her time and the airline’s chasing down his “phantom citations”.

Flight attendant Fernando Oliveira, a Portuguese national, had accused Ryanair DAC of subjecting him to discrimination on the grounds of race and family status in breach of the Employment Equality Act 1998.

Irish Times has more.

Nearly three-quarters of workers are untrained in AI as adoption pressure surges

A survey from Dayforce of nearly 7,000 workers, managers, and executives across six countries reveals that despite rapid AI uptake, 71% of workers have not received AI training in the past year, revealing a critical gap between AI enthusiasm and impact. The research points to a powerful intersection of human potential and technological ambition — and underscores that organisations must advance both in tandem to realise AI’s full value. HR Director has more on this.

Workday to create 200 jobs at new Dublin AI centre

Cloud software company Workday has announced a three year €175m investment and 200 new jobs at its new AI Centre of Excellence in Dublin. Workday, which specialises in HR and payroll processing, said the investment at its AI Centre of Excellence in College Square in Dublin 2 is supported by IDA Ireland. The company currently employs 2,200 people here, of which about 80% work in product research and development. More from RTE.

AI for HR Weekly Podcast – with Barry Phillips

This week's episode: Accessing the Subject of AI – Is it as complicated for HR as we’re given to believe?

This week Barry Phillips argues that AI can be simplified and is actually easy to understand.

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.

Why basic cybersecurity training just won’t cut it in 2025

Modern threats require modern solutions and companies today need to do more than provide just the basics for its workforce. Read more.

And of course you can always rely on Legal Island to keep your training up -to-date. Find out more about our Phishing and Cyber Security Awareness training and request a free demo.

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Is fingerprint and eye scanning coming to an office near you?

JP Morgan has taken things a step further and is insisting staff at its new New York HQ use a fingerprint or eye scan to get into the office. Bizarre as it may sound to some on this side of the Atlantic, it’s all in the name of security, not an unreasonable claim given a recent mass shooting at a building nearby earlier this year. Using biometric data for work access isn’t completely unknown, of course, especially for sensitive sites such as data centres. More from the Irish Times.

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Number of remote working complaints successfully upheld by WRC revealed

Just one out of 56 remote working complaints have successfully been upheld by the Workplace Relations Commission (WRC) since the introduction of new legislation. No complaint has been upheld so far this year, according to figures provided to deputy Government whip Emer Currie. More from Business Plus.

But…

Maybe Hybrid Work Isn’t The Issue. Connection Is.

Hybrid work has given employees more of what they have long asked for: greater flexibility, less time commuting, and a rhythm that works better for both work and life. But while flexibility has grown, connection has not always kept pace. The risk is not that hybrid weakens culture. It is that culture needs to be built differently. Forbes has more on this.

Hybrid giving you a headache? Join Caroline Reidy as she tackles this precise topic at Legal Island's Annual Review of Employment Law on 27th November. You can come along to Aviva Stadium, Dublin, or login from the comfort of your own office or home as it's a hybrid event! More details HERE. 

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EU agrees new European Works Council Directive

The EU has agreed a new Directive (the Directive) which significantly amends existing European Works Councils (EWCs) legislation. It will make EWCs “easier to set up, better funded and better protected”. Eversheds Sutherland provides an overview here.

EU Parliament reaches compromise on sustainability reporting reductions

The European Parliament’s Legal Affairs Committee has approved a compromise to ease sustainability reporting rules, with a full vote expected on October 20. This follows the Commission’s February proposal to simplify the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), and the Council’s adoption of its position in June. Originally part of the European Green Deal, these directives aimed to hold businesses accountable for climate action and supply chain practices. However, rising concerns over economic impact and a political shift in 2024 prompted the Commission to propose lighter requirements. Forbes has more here.

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Professional jobseeker numbers decline by 10% in Q3

The number of professional job openings declined by 3% in the third quarter of the year while the number of professional jobseekers dropped 10%, according to the latest Morgan McKinley Irish employment monitor. Morgan McKinley said the data points to a market that is stabilising rather than stalling despite the notable decline in available candidates. You can read more on this from Business Plus.

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Government gender pay gap portal to fall short of promises made 

The Government’s gender pay gap portal, which was supposed to be launched this autumn, will now only be available for a fraction of companies than had originally been expected as part of a pilot scheme. Instead of the 6,000 companies envisaged to report to the portal in Minister for Equality Norma Foley’s announcement in March, just 600-1,000 are now expected to be included, reports the Irish Times.

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Reintegration After Maternity Leave: What can employers do to help?

Guidance for employers on supporting smooth, confident reintegration after maternity leave through proactive communication, flexibility and inclusive workplace culture. More from Caroline Reidy, Managing Director at HR Suite, here.

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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HR admin has become a time drain for SMEs

Irish SMEs face €22,000 in additional annual cost from HR administration inefficiencies.
Small and medium-sized enterprises (SMEs) in Ireland are losing more than 58 days per year to manual human resources (HR) administration, according to new research published by HRLocker. The Irish SME HR Report 2025, based on a survey of 400 companies conducted in August, estimates the average cost of this inefficiency at up to €22,000 annually. More from Think Business.

More than a third of Irish workers failed to use all their annual leave last year – survey

A survey of almost 2,000 Irish workers by FRS Recruitment found over a third of Irish people failed to make full use of their holiday entitlements last year. Men were more likely not to use all their annual leave entitlements with just over 40% of male respondents saying they had unused holidays last year, compared to less than a third of female workers. RTÉ has more here.

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A High Court judge has suggested that Enoch Burke could be forced to pay for a security guard who has been hired to keep him away from the grounds of his former employer. The court heard today that Wilson’s Hospital School has hired a security guard in a bid to stop Burke trespassing on its grounds, following a recommendation by a judge last month. You can read the full story from the Journal.

A creche manager is entitled to almost €51,000 damages and her legal costs over an “absolutely unacceptable” workplace assault on her by a parent who headbutted her, the High Court has ruled. Mr Justice Barry O’Donnell said the assault happened when the manager prevented the man, a qualified lawyer who is estranged from the child’s mother, from collecting their child, reports the Irish Times.

A Central Bank manager acted without authority when he fired a forensic investigator after learning that she had made a complaint against him, a lawyer for the dismissed worker is set to argue before a tribunal. The employee, Nigar Babayeva, is pursuing complaints under the Protected Disclosures Act 2014 and the Unfair Dismissals Act 1977 against the Central Bank of Ireland at the Workplace Relations Commission (WRC). The Irish Times has more here.

A tribunal has upheld the dismissal of a human resources officer who said she was let go by St Vincent de Paul for raising concerns about a new hire's vetting documentation - after being told by the charity that the real problem was her communication style. Claims of whistleblower penalisation and unfair dismissal by the HR officer Valerie McDonagh against the Society of St Vincent de Paul Council of Ireland were rejected by the WRC, reports RTÉ.

New officers joining the Defence Forces are paid “far below” the troops they will lead, causing a military group to warn that it may be time to stop recommending leadership as a career. More from the Journal

Bookmaker Paddy Power is to close 28 shops in Ireland, putting 119 jobs at risk. Parent company Flutter UKI has announced that a total of 57 outlets are to close across Ireland and the UK following a review of its high street estate." Impacted colleagues will be offered redeployment opportunities where possible. However, the closures will unfortunately lead to a number of job losses," the company said. More from RTE.

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New safety campaign to tackle falls on construction sites

The Construction Industry Federation's 2025 construction safety campaign, "Back to Basics", runs from 13 to 24 October and encourages construction companies across Ireland to revisit the core principles that keep workers safe. You can find out more from RTÉ.

Principals and deputies are experiencing ‘double’ rate of burnout

Newstalk reports nearly half of school principals and deputy principals are experiencing burnout at a rate almost double that of the average working population. That is according to a new report from the National Association of Principals and Deputy Principals. The association’s president Anton O’Mahony explained principals and deputy principals across the country are becoming overworked with duties outside of the job description. More here.

Enjoy your weekend!

Legal Island

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