5 Must-Knows This Week:

1. ‘Flu-nami’ threatens business continuity. Here’s how to prepare 🤒
2. €58k award after employee pushed into mediation without seeing grievance ⚖️
3. Are your performance reviews driving growth or just ticking boxes? 📋
4. How work, commuting, and office attendance are evolving in the hybrid era 🏢
5. Yikes! Bad Secret Santa gifts including dog food and edible underwear🎅

And in other news....to prep you for those festive holiday quizzes, here’s a helping hand with the top questions for Irish Alexa users in 2025: 1. “What is the value of Bitcoin?” (Approximately €37,500 (varies daily)) and “How old is Donald Trump?” (78 years old)

1. Case Law Reviews
2. AI & Employment Law
3. Employee Wellbeing
4. Pension Auto-enrolment and Retirement
5. Recruitment and Retention
6. Season's Grievances
7. Just In Case You Missed It
8. HR Developments
9. Employment News in the Media
10. Free Webinars

Madalena Palmeira O'Grady -v- WH Smith Ireland Ltd

Summary:
Complaint Not Upheld.

Practical Guidance for Employers:

Employers should:

1. Ensure that complaints of bullying, harassment or assault are taken seriously and promptly investigated under a clear Dignity at Work policy. An investigator who is not directly involved with the parties, and who can demonstrate neutrality, greatly strengthens the employer’s position.
    
   
2. In disciplinary procedures, ensure written communication be clear, timely and well-documented. Employees should be told in writing what allegations they face, what policies are engaged, and the possible sanctions, including dismissal. Reasonable requests for postponement, particularly where medical certificates are produced, should be accommodated where possible, but employers are entitled to progress matters where there is evidence of obstruction.
    
   
3. Note, the appeal stage should not be treated as a formality. A different, senior and impartial manager should hear the appeal and consider any alleged procedural defects or new evidence.

Read the full Review: 
Madalena Palmeira O'Grady v WH Smith Ireland Ltd

Seamus Casey v Irish Heart Foundation CGL 

Summary:
Voluntarily Accepted Role held Non-Discriminatory 

Practical Guidance for Employers:

Employers should:

1. Ensure that retirement practices are clearly documented, consistently applied, and objectively justified by legitimate aims such as workforce planning or organisational restructuring. Where employees are retained beyond a normal retirement age, the basis for each fixed-term extension should be clearly explained in writing, including whether the contract is final.
    
   
2. Note that in relation to pay structures, employers must be able to objectively justify any differences in pay between employees performing like work. Assertions about qualifications, expanded duties, or market pressures should be supported by documentary evidence such as job descriptions, qualification requirements, benchmarking data, and role evaluations. Without clear evidence, pay disparities are likely to be found discriminatory.
    
   
3. Ensure that goodwill payments made at or near termination are carefully framed and explained. While intended positively, such payments may be interpreted as admissions of unequal pay if not clearly documented.
   
   

Read the full Review: 
Seamus Casey v Irish Heart Foundation CGL

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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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What are the risks for an organisation that depends too much on AI agents?

AI has its uses, but are individuals and their companies expecting too much from a non-sentient digital tool? As AI becomes more engrained in our workplaces, it is important to note that there are a whole range of ways in which employees and leaders can become too dependent on advanced technologies and the potential consequences of doing so. As we move into the new year and prepare to embrace the next 12 months of innovation, now is a good time to refresh ourselves on the potential dangers so that you can confidently engage with workplace AI in 2026. Read more.

EU employers face uncertainty as compliance deadlines loom and U.S. policy shifts

With critical regulatory deadlines looming in Europe and U.S. policy shifts sowing widespread confusion, European employers face new challenges in managing key workplace issues. Next year, key provisions of the European Union (EU) AI Act impacting employers go into effect, along with new obligations under the EU Pay Transparency Directive (PTD). Despite these major regulatory changes on the horizon, the survey data shows that European employers may face readiness challenges with just 18% of respondents say their organisations are very prepared to comply with the EU AI Act, while 20% indicate they are not at all prepared. You can find out more from HR Director.

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode:

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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North-East hospitals face critical strain as flu cases surge past 3,000 in one week

The North-East has been hit by a severe flu outbreak, with hospitals in the region under significant pressure. More from the Independent.

And in the UK…

‘Unprecedented’ flu wave poses threat to business continuity

The number of people in hospital with flu jumped by 55% over the past week, triggering concerns at businesses over staff welfare, how to monitor absences and whether key deadlines could still be achieved. Personnel Today has more on this.

Minister Jim O’Callaghan announces allocation of €3.2 million to expand domestic, sexual and gender-based violence services

The allocation follows a targeted funding call by Cuan, the national agency for domestic, sexual and gender-based violence. Catch up. 

Why Supporting Employee Mental Health Over the Holiday Period is a Business Imperative

The holiday season is often framed as a time of rest, yet for many employees it is the most mentally demanding period of the year. As emotional strain, financial pressure and year-end workloads converge, organisations must treat holiday-period mental health as a strategic imperative. This article from HRD Connect explores how leaders can provide meaningful support and build a healthier foundation for 2026.

How Gen Z is redefining workplace wellbeing

As Gen Z enters the workforce, this digital savvy, environmental and diversity conscious generation is driving change in workplace values and culture and pushing organisations to keep up. More from the Irish Examiner.

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Department reports jump in employers registering for pension auto-enrolment

There has been a surge in employers registering for the Government’s new auto-enrolment pension scheme, with over half of eligible workers now signed up. New figures from the Department of Social Protection show there have been 474,000 employees signed up to the scheme by 44,000 employers across the country. More from the Irish Examiner.

Explore options ahead of Auto-enrolment

With the My Future Fund scheme commencing in January, pensions experts discuss the implications for employers in this article for Business Plus.

Advancement of the Retirement Ages Bill

In December 2025, the Bill was passed by both Houses of the Oireachtas. Once signed into law, the Bill will require employers to adopt a consent-based approach to contractual retirement ages (CRAs). Employees subject to a CRA below the pensionable age may notify their employer in writing that they do not consent to retire at that age. Naomi Pollock from DLA Piper provides guidance on what employers should consider in this article for Lexology.

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Construction sector tops most in-demand roles in 2025

Project managers were the most sought-after roles in 2025, according to new data from hiring platform IrishJobs. The research shows that 8 in 10 of the most in-demand professionals in 2025 were in construction-related sectors, as skills shortages continue across the industry. Accountant, site manager, supervisor and quantity surveyor were among the most in-demand roles. RTÉ has more.

Irish employment market seeing surge of 'job hugging' – LinkedIn

A drop off in advertised vacancies has led to a rise of "job hugging", the trend of workers reducing their job searches and staying put in their current roles. New data published by LinkedIn has highlighted the growing competition professionals face to secure a new job. RTÉ has more.

Irish Congress of Trade Unions recommends pay claim of 4.7% to 6% in private sector for 2026

The ICTU has recommended unions organising workers in the private sector seek pay increases of between 4.7% and 6%, where sustainable, for 2026. The guidance was issued with the unanimous agreement of the Congress Private Sector Committee. The recommendation comes as Irish workers face continued pressure from inflation. You can find out more here.

And the full guidance is here.

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Secret Santa disasters: ‘I tried to pretend that I got the joke, but I was horrified’

Dog food, edible underwear and bondage kits, bad Secret Santa experiences have led some companies to ban the festive tradition. This article from the Irish Times outlines how to stay on Santa's nice list.

Happy Holidays, but less than half of employees feel they can switch off

A poll on behalf of Dayforce found that 95% of employees in the US, UK and Canada plan to take time off over the holidays, but true disconnection remains elusive, with only 42% saying they will unplug completely. HR Director has more.

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Performance Appraisals: Getting the Basics Right While Keeping Them Human

Are your performance appraisals driving growth or just tick-box? Caroline Reidy, Head of Solutions NFP provides guidance on getting the most from performance appraisals.

HR Interview Series: Anne Phillipson, MD, Phillipson Performance Partners

Anne talks about the importance of learning and shares an anecdote about an eventful trip to Dublin that demonstrates determination. You can catch up here.

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The New Rhythms of Work: How hybrid reality is reshaping employee experience

The hybrid era has redrawn the map of working life. Commutes are shorter, routines are looser, and office presence has become a deliberate choice rather than a default expectation. Yet beneath the headlines about flexibility, a quieter truth is emerging: workplace experience is now defined by rhythm – how employees move, connect, and collaborate across their week. In this HRD Connect article, Rhythms examines how work, commuting, and office attendance are evolving in the hybrid era – revealing patterns that until now have largely been left to speculation.

Behind every change plan is a human – it pays to prioritise mental health

There’s a misconception that resistance to change is a mindset problem, so employers often write it off as a behavioural or cultural challenge. But if they dig deeper, they’ll almost always find the same thing – resistance is unaddressed fear. When staff feel informed, respected and supported, they’re more likely to be engaged and open to change, explains Joseph Conway in this article from People Management.

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A student who worked as a sales assistant has settled her sexual harassment case against her former employer, British sportswear retailer JD Sports Fashion, for £65,000 (€74k). Jayla Boyd was working part-time in a Belfast store while studying for her A-Levels when she was slapped on the bottom by a male supervisor. She reported the incident to her manager on that day and was told it had been recorded on the CCTV store's system. However, the supervisor was allowed to continue working alongside her for the rest of the shift. More from RTÉ.

A hospital clerical worker has been awarded more than €58,000 for constructive dismissal after she was ordered to go into mediation with a colleague without being given a copy of the grievance he had made against her. Upholding a complaint by the worker, Karen McHale, a Workplace Relations Commission (WRC) adjudicator agreed that Mayo University Hospital’s staff grievance management process was “fundamentally flawed”. The Irish Times has more.

The Employment and Recruitment Federation (ERF) is warning jobseekers about a serious recruitment scam currently circulating in Ireland, in which fraudsters impersonate legitimate recruitment agencies and use their branding and logos to trick people out of money. Dublin People explains.

An Garda Síochána is at risk of missing performance targets due to resource issues, training needs and delays in required legislation, according to a new report. The Policing and Community Safety Authority (PCSA) has published its assessment of the force’s policing performance throughout the first half of 2025, reports Irish Legal News.

RTÉ reports an accountant let go after nearly 18 years working for a Dundalk arcade and bingo hall operator has said she was told to apply to the State-run social protection fund for a redundancy lump-sum despite the businessman informing her that his company was "flying". The ex-employee, Siobhán McDonagh, is seeking nearly €40,000 in lost earnings in a complaint under the Unfair Dismissals Act 1977 against James P McCann Ireland Ltd, and claims there was no reason for her to be made redundant at all.

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MCS Lunch & Learn: Level Up Your Recruitment Strategy for 2026

Tuesday 20th of January 2026
12 noon – 12:45 p.m.
Online

Think you’ve seen it all in recruitment? Think again. Join us for a free 45-minute lunchtime webinar on 20th of January 2026, hosted by Legal Island in partnership with MCS Group, and get the inside scoop on what’s really shaping hiring and how to hit the ground running in 2026.

What to expect:

• Understand how last year’s shifts in HR roles, sector trends and candidate expectations are shaping recruitment in 2026
• Explore how candidates and employers are using AI from CV optimisation to predictive hiring and what it means for your strategy
• Practical tips to reduce costs, streamline workflows and make automation work with your people, not against them

Stay ahead of salary trends, new role types and sector specific insights that will define the year ahead!

Julie will host a live Q and A with recruitment experts Rebekah Mulligan, Senior Recruitment Consultant - HR – MCS UK & Ireland and Associate Recruitment Consultant Tara Duffy, so you leave with answers, ideas and a sharper 2026 hiring toolkit.

Sign up for your free place here.

Enjoy the holidays and see you in the New Year!❄️

Legal Island

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