Top 5 reads with your morning coffee ☕️

1. Ireland as digital leader and AI Hub 🤖
2. Are you ready for EU Pay Transparency? 👀
3. Calls grow for legal remote work rights as flexibility shapes hiring 🏡
4. Morgan McKinley flags slower salary growth cooling job market 📉
5. Sinead Morgan at DAC Beachcroft unpacks anonymised rulings from the WRC 📚

And in other news....Don’t miss our 90 minute HR Skill Builder on Probation and Performance with leading HR expert, Michelle Halloran next Thursday – practical tips, no fluff. Hub subscriptions get 2 free places. Grab yours fast 🚀

1. Case Law Reviews
2. AI and Employment Law
3. Pay Transparency
4. Code of Practice on Part-Time Work
5. Remote Working
6. Labour Market
7. Just In Case You Missed It....
8. HR Developments
9. Employment News in the Media
10. Health and Safety Developments
11. Friends of Legal Island
12. Free Webinars This Month

Paul Kenny v Thornton Waste Disposal Ltd ADJ-00057145 

Summary: A truck driver’s constructive dismissal claim failed after his employer withdrew a company van and required vehicles to stay at the depot, with the WRC finding no contractual breach or unreasonable conduct.

Practical Guidance for Employers: 

Employers should:

• Ensure that long-standing working arrangements, particularly those involving transport or other benefits, are clearly documented and communicated as either contractual entitlements or discretionary arrangements. Ambiguity can give rise to misunderstandings and disputes when operational needs change.
  
  
• Communicate any changes clearly, explain the business rationale, and allow employees an opportunity to raise concerns. Even where management decisions are operationally justified, engaging in dialogue can reduce the risk of claims that changes were imposed unreasonably. Employers should encourage employees to use internal grievance procedures.
   
  
• Maintain accurate records, including instructions given to employees, operational requirements, and any temporary accommodations made.

Read the full Review here: Paul Kenny v Thornton Waste Disposal Ltd [2026]

Camila Nascimento Machado v Academic Bridge Limited ADJ-00058643 

Summary: Pregnant worker unfairly dismissed by reason of redundancy and awarded €30,000.

Practical Guidance for Employers: 

Employers should:

• Distinguish between a genuine business rationale and a fair process. Even where the commercial case is strong, a redundancy defence will fail if the employee is not told they are “at risk”, is not given reasons and meaningful information, and is not afforded consultation directed at alternatives. Consultation should begin before decisions are final.
  
  
• Record why selection criteria or a matrix are not applicable and should evidence the structural change through contemporaneous records, including elimination of the post and redistribution of duties. Proposed revised terms must be lawful and credible; extreme or unlawful reductions can undermine good faith.
  
  
• Ensure procedural safeguards, i.e., written notice setting out the redundancy basis, an opportunity to respond, representation, and a right of appeal. Do not condition statutory entitlements on signing waivers. Maintain a clear paper trail; business case, consultation notes, alternatives considered, and decision rationale (particularly where pregnancy or other protected circumstances arise).

Read the full Review here: Camila Nascimento Machado v Academic Bridge Limited [2026]

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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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Government Publishes new Digital & AI Strategy 90 Actions to strengthen Ireland’s position as a Digital Leader and AI hub

The Government this week published a new National Digital & AI Strategy, Digital Ireland – Connecting our People, Securing our Future. This builds on Ireland’s strong digital foundations: our well-established reputation as a digital hub, our exceptional talent base and our vibrant innovation ecosystem. Ireland will continue to be a strong voice in Europe for a digital economy which supports competitiveness and innovation, while also protecting data privacy and fundamental rights. Read the government’s press release here.

Ireland leads in workplace AI adoption – survey

Ireland is ahead of the pack when it comes to AI adoption in the workplace, according to new research from hiring platform Indeed. The study found that 70% of workers in Ireland report using AI at work more than once per month, the highest rate among eight surveyed countries. It compares with 43% in the United States, 41% in the UK and just 18% in Japan. RTÉ has more.

KPMG partner fined over AI exam breach

A partner at KPMG Australia will forfeit more than $10,000 in future income after using artificial intelligence to answer a question in an internal training exam about artificial intelligence (AI), in a case that has drawn scrutiny from regulators and politicians. The incident forms part of 28 cases of AI-related misconduct identified by the firm this financial year after it introduced new monitoring tools in 2024. More than two dozen personnel have breached policy by using AI during internal tests since July, according to reporting by Australian Financial Review. HRD has more.

Key Points from the General Scheme of the Regulation of Artificial Intelligence Bill 2026

The Department of Enterprise, Tourism and Employment (DETE) published the General Scheme of the Regulation of Artificial Intelligence Bill 2026 on 4 February 2026 (the Scheme). The Scheme forms the basis for the national Irish legislation which will implement certain aspects of the EU AI Act into Irish law. A&L Goodbody sets out points to note resulting from the Scheme. Read more.

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode: From Punch Cards to Plain Speech: The Workplace Revolution Nobody's Talking About…

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

Listen on 🎧 Spotify or Apple Podcasts

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

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Businesses urged to act on pay-gap reporting or face threat of penalties and litigation

Businesses need to prepare for new European Union rules demanding that they publish details on gender gaps in pay, say experts. Europe’s Pay Transparency Directive is due to become law in June, but many employers are yet to fully prepare their organisations for the change. Just 9 per cent of employers in Europe, including the Republic, say their strategy is in place, a study by HR and pensions adviser Mercer will show on Monday. The Irish Times has more on this.

Pay transparency revolution: An implementation snapshot across EU, with a focus on Ireland*

As the 7 June 2026 transposition deadline approaches, countries across the EU are at various stages of implementation, leading to a dynamic and sometimes challenging landscape for businesses operating internationally. In this blog, Freshfields provides a snapshot of recent developments in Belgium, France, Italy, Ireland, and the Netherlands, with a special focus on Ireland, leading the way to subsequent blogs that will delve deeper into the specifics of the other above-mentioned countries. Read here.

Are You Prepared for the EU Pay Transparency Directive?

Everybody’s talking about the EU Pay Transparency Directive and for good reason. By 7 June 2026, it will fundamentally change how Irish employers handle pay, promotions, and gender pay reporting. So the question is: are you prepared? Join us and the leading Employment law team at Arthur Cox LLP for a half-day event (on Tuesday 24th February) where legal experts break down the Directive, explain the implications for Irish workplaces, and give you actionable steps to get ahead. This is one of our most popular events and places are selling fast! Book your spot today. Find out more here.

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The WRC published an updated Code of Practice on Access to Part Time Work (the “Code”) in January 2026. The Code provides clear and practical guidance to employers and employees on facilitating part time working arrangements in a fair, transparent and objective manner. While the Code does not create new legal rights, it is an important benchmark for best practice standards in the operation of the Protection of Employees (Part Time Work) Act 2001 (the “Act”). Triona Cody from Kane/Tuohy provides insights.

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Government urged to guarantee right to remote work as recruitment pools ‘shrinking’ due to lack of lack of flexibility from employers

Employers are shrinking their own recruitment pools by rolling back on remote working arrangements, with a Labour TD telling how some workers are thinking about “giving up their careers” due to a lack of flexibility and lengthy commutes. Trade union representatives are among those calling on the Government to guarantee a right to remote work – rather than the current “right to ask” – as employees face increasing barriers to work-life balance. More from the Irish Independent.

Labour bill gives workers right to sue employers over WFH denial

NewsTalk reports Labour introduced legislation that would give certain workers the right to take their employees to court if they are not given the right to work from home (WFH). The last Government passed the Work Life Balance and Miscellaneous Provisions Act 2023, which gave some employees the right to “request flexible working arrangements for caring purposes”. Labour TD Mark Wall has introduced the Work Life Balance (Right to Remote Work) Bill 2026, which would extend those rights to other workers. You can catch up here. 

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Irish jobseekers buck European trend of candidate fatigue

The Irish jobs market remains competitive even as new data from LinkedIn shows that hiring is declining in Europe amid signs of candidate fatigue. The largest drops in applications per jobseeker in December was recorded in the UK at -7.9% year-on-year, ahead of France (-5.7%) and Germany (-3.7%). Conversely, Ireland saw an annual increase of 2.4% in applications per candidate, and the data shows that applicants are 3.6× more likely to get hired if connected to an employee at the organisation they are applying for a role at. Business Plus has more on this story.

Managing retention and exit of personnel is key to resolving Defence Forces staffing issue

Private industry swoops in to hire highly-trained members of the Defence Forces. So the taxpayer is paying for that training while industry captures the return. More from the Irish Examiner.

Sharp slowdown in salary growth - Morgan McKinley

Salary growth has slowed sharply across the Irish labour market, with median permanent salary movement largely flat to 2%, according to a new report from recruitment firm Morgan McKinley. Its Irish Salary Guide found that while employers are continuing to hire, they are doing so with tight control over headcount and reserving salary premiums only for skills that are genuinely critical to delivery or risk management. According to the report, businesses are under pressure to deliver digital transformation, meet regulatory and compliance obligations, and manage leaner operating models at the same time as controlling costs. More from RTÉ.

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The Employment Law Hub is a comprehensive, jurisdiction-specific resource designed for HR professionals, legal advisors, and business leaders. It centralises essential employment law and HR updates, expertly curated and written by leading HR and legal specialists to provide reliable, practical, and authoritative insights. We have over 700+ in depth articles and 1000+ case law reviews. As a subscriber, you have access to all of this. Check it out the full Hub here and below are some recent articles you may have missed.....

Remote Working in Ireland: What Recent Cases and Practice Are Really Showing

Remote and hybrid working are now firmly embedded in Irish working life. Since the right to request remote working came into effect in March 2024 under the Work Life Balance and Miscellaneous Provisions Act 2023, organisations have been trying to reconcile employee expectations with the practical realities of managing teams, performance and consistency. Read more from Caroline Reidy, Head of HR Solutions, NFP.

Duncan's Case Law Reviews

Duncan Inverarity, Former Head of Employment at A&L Goodbody LLP brings up the most important case law relevant for Irish employers from the past year. Keep an eye out on our Hub every week for a new update. This week he is discussing the case:

Dillon v Irish Life Assurance Plc [2025]

In this case, the The Supreme Court held that claims for distress and anxiety alone are not “personal injury”, and do not require PIAB authorisation, though awards will be modest.

Read it here. Dillon v Irish Life Assurance Plc [2025]

Anonymisation of Decisions in the WRC

We have seen increased reporting of WRC decisions in recent years, with employers being named and shamed for poor behaviour in some cases. Historically reporting was less common as prior to 2021 the parties to employment disputes were anonymised unless the matter was reported on appeal to the Labour Court. Sinead Morgan, Legal Director, DAC Beachcroft outlines this more here.

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7 in 10 Irish managers feel decisions are being more closely scrutinised

Seven in 10 Irish managers say their decisions are more closely watched than they were two years ago, recruiter Robert Walters has found. Around 71% of managers feel they are under greater scrutiny from their colleagues now, while two-thirds (65%) of Irish workers say they are paying closer attention to leadership decisions. More from Business Plus.

Why your brain has to work harder in an open-plan office than private offices: study

Research confirms what many suspected: our brains have to work harder in open-plan spaces than in private offices. You can read more from The Conversation.

Why mid-career is such a dangerous time for burnout and stress

Everyone recognises the trope of the stressed-out senior manager who's always close to breaking point. But, in fact, mid-career is one of the most vulnerable periods for burnout and stress in a worker's life. At this stage, many people have extra responsibilities outside work at the same time as their employer increases expectations around performance, availability and leadership. Read the full analysis by Katie Green, Senior Lecturer in Leadership and Leadership Development at Manchester Metropolitan University here.

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Public Consultation on the Cost of Disability

The Department of Social Protection is seeking views on the costs of disability. Disabled people often face extra costs because of their disability. These extra costs are called – The Cost of Disability. The cost of disability is different for everyone. It comes about because disabled people often need extra support, equipment, or services to go about everyday life. It also comes about because barriers in society, such as inaccessible transport or buildings, can create extra expenses that non-disabled people do not face. Find out more.

Tech giant Apple adds capacity for more than 1,600 staff as it expands operations in Ireland beyond its long established Cork base. iPhone maker Apple is strengthening its presence in Ireland with the opening of a major new facility in Cork and the establishment of its first permanent office in Dublin, adding capacity for more than 1,600 employees across the two locations. More form Think Business.

A strike by driving testers, which was due to take place on Friday, has been called off. The testers, who are represented by the Fórsa trade union, had threatened industrial action in a dispute over insurance cover. More from RTÉ.

The Irish Times reports a controversial review of special needs assistant (SNA) allocations is being paused after criticism from teachers, parents and unions. The U-turn came after the National Council for Special Education (NCSE) contacted almost 200 schools indicating their allocations were being reduced. More here. 

The Irish Congress of Trade Unions has urged Minister for Health Jennifer Carroll McNeil to engage with healthcare unions in relation to the Special Leave with Pay Scheme for Healthcare Workers with Long COVID, which expired at the end of December. The Scheme supported around 120 workers who contracted Covid-19 during the pandemic, and continue to suffer its effects. Catch up here.

The State body overseeing special education for adults and children with disabilities has been ordered by the WRC to pay €40,000 in compensation to a Deaf man for denying him a job interview because he lacked an academic qualification in Irish Sign Language. RTÉ has more.

The board of management of Wilson's Hospital School wants to be joined as a notice party in jailed teacher Enoch Burke's latest High Court action over the membership of a panel which will hear his appeal against dismissal from the school. Mr Burke has been jailed for contempt of court for a number of periods totalling almost 600 days because he has repeatedly trespassed on school property in breach of court orders. The teacher remains on the payroll of the Department of Education until his appeal against dismissal is final. More from the Irish Examiner. 

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‘Falls are preventable’: New All-Island Construction Safety Campaign Begins

Falls from height remain one of the leading causes of death and serious injury in construction. In response, the Health and Safety Authority (HSA) in partnership with Health and Safety Executive for Northern Ireland (HSENI), the Construction Industry Federation (CIF) and Spinal Injuries Ireland have today launched a two week all-island safety campaign focusing on tackling falls from height and improving compliance on sites. This joint effort will see inspections taking place on construction sites of all sizes across the island, with the goal of reducing the number of serious injuries and fatalities linked to work at height. Access the article here.

Research underlines importance of training managers to support employees with cancer

Group risk industry body GRiD says the true extent of long-term ill-health conditions, particularly cancer, is not fully known but its poll findings suggest line managers can encourage affected workers to access the help and support they need if they are given the right tools. Managers who receive training on how to handle sensitive conversations around serious ill-health conditions like cancer could encourage affected employees to come forward in greater numbers, feel more supported at work and better placed to access the help they need. More from IOSH magazine. 

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The CIPD HR Awards in Ireland 2026

Congratulations to all those recognised by the CIPD for their efforts from all of us at Legal Island. 🎉

Read here.

Philip Lee recruits two partners from Ogier

Philip Lee has announced the appointment of Bláthnaid Evans and Edon Byrnes as partners. Evans has been made a partner in Philip Lee's employment team, and Byrne has been named a partner in the law firm's corporate and M&A team. Evans joins from Ogier where she was a partner and head of employment and immigration. She will advise employers on all contentious and non-contentious employment law issues. Her experience spans the full employment lifecycle, including employment contracts and policies, TUPE and outsourcing, workplace investigations, disciplinary and grievance processes, protected disclosures and employment litigation. Congratulations from Legal Island! 🥳

Did you know that Bláthnaid is a regular expert speaker and contributor for Legal Island? She will be leading our next Mock WRC Adjudication Hearing in person event on 11th March. Have you got a WRC hearing coming up? If so, our event is a must to see how it all plays out in practice. Learn more about it here. 

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Employer Insights from Real Bullying and Harassment Cases

Tuesday 10th of March
10 to 10:45 a.m.
Online

Research by Matrix Recruitment shows 88% of workers say bullying and harassment remains a serious problem in Irish workplaces. Handling allegations of bullying and harassment is one of the most testing parts of the HR role, particularly when emotions are high and everyone is watching what you do next. Mishandling complaints can escalate issues, harm morale, and even trigger a tribunal.

Join Dr Gerry McMahon, MD of Productive Personnel Ltd, whose experience as an independent HR consultant and WRC adjudicator gives him an insider perspective. He’ll share real case law examples on bullying, harassment, discrimination, and disciplinary disputes, showing what employers did well and what went wrong.

This free webinar will be hosted by Julie from Legal Island, who will moderate a live Q&A so you can ask questions and get practical guidance. You will leave with a clearer sense of what the WRC expects, and reassurance you do not have to be perfect, but what you and your organisation need to do to demonstrate you have been fair, consistent and thoughtful.

Register here.

Check out previous discussions:
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Enjoy the weekend!

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