Rule #1: Never leave out the people who matter—like handling a grievance without the employee! Welcome to the Friday Round-up—where everyone’s invited!!
🚀 No time? No problem! We've got you! Here’s your quick Top 5 must-knows this week:
1. 🏠 Remote work isn’t dying—bad leadership is!
2. ⚠️ Fraud alert! Irish law firm targeted in a sophisticated cyberattack
3. 😤'Revenge quitting'—is your team plotting an exit?
4. 📜 Spring employment laws incoming! What’s on the government’s agenda?
5. ⚖️ Case spotlight – Nkemka Patrick Okachi v Sodexo Ireland Limited.
In other news…Are you struggling with issues such as remote & flexible working requests? Absence management? If so, come to our event in partnership with Eversheds Sutherland: Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges on 27th March where you will get the legal solutions to your HR problems! Read the full programme HERE!
CONTENTS ⚓︎
1. Case Law Reviews ⚓︎
Nkemka Patrick Okachi v Sodexo Ireland Limited ADJ-00045306
Complainant: Nkemka Patrick Okachi
Respondent: Sodexo Ireland Limited
Summary: Complainant alleged unfair dismissal after being accused of sexual harassment, claiming the workplace investigation was flawed and lacked fair procedures.
Practical Guidance for Employers:
- Employers must ensure that workplace investigations and disciplinary procedures adhere to fair procedures and natural justice to avoid unfair dismissal claims. Before taking action, employers should properly assess complaints, ensuring allegations are clearly documented and supported by first-hand evidence rather than hearsay.
- If a complaint arises, it is crucial to follow company policies, such as a Dignity at Work Policy, and ensure consistency in handling allegations. Suspension should be a last resort, not an automatic response, as it can significantly impact an employee’s reputation. Employees must be given full details of the complaint, access to evidence relied upon, and an opportunity to challenge witness statements, including cross-examining complainants where necessary.
- Investigators must remain objective and independent, ensuring their conclusions are evidence-based rather than influenced by external pressure. Finally, employers should always consider alternative disciplinary measures before resorting to dismissal, ensuring any sanction is proportionate to the alleged misconduct.
Read the full Review here:
https://legal-island.ie/employment-law-hub/nkemka-patrick-okachi-v-sodexo-ireland-limited
Geraldine Baxter v Little Sisters of The Poor ADJ-00048496
Complainant: Geraldine Baxter
Respondent: Little Sisters of The Poor
Summary: The WRC awarded 2 year’s compensation (€65,520) for unfair dismissal following a flawed disciplinary process.
Practical Guidance for Employers:
Employers should:
- Employers must follow fair procedures in disciplinary matters, including providing clear allegations, allowing employees to respond, and ensuring consistency in the investigation process. Allegations should not be altered during the process without informing the employee. Disciplinary decisions should be based on objective evidence; not assumptions or hearsay.
- Suspension should only be used when absolutely necessary and for a reasonable period. Employers must provide clear reasons for suspension and give employees an opportunity to respond before implementation. Investigations must be thorough, involving all relevant witnesses, and should not introduce new allegations without proper notice.
- Dismissal decisions must be supported by substantial evidence and follow due process. Employers should communicate clearly, ensure policies are consistently applied, and avoid making subjective judgments. If dismissal is considered, alternatives such as clarification meetings or retraining should be explored before taking severe action.
Read the full Review here:
https://legal-island.ie/employment-law-hub/geraldine-baxter-v-little-sisters-of-the-poor
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
2. AI and Employment Law ⚓︎
The AI Literacy Obligation under the EU AI Act: Early Adopters Leading the Way
This week Barry Phillips looks at the organisations already claiming to be AI Literate under the Act: https://legal-island.ie/employment-law-hub/the-ai-literacy-obligation-under-the-eu-ai-act-early-adopters-leading-the-way
Commission publishes the Guidelines on prohibited AI practices, as defined by the AI Act.
These guidelines provide an overview of AI practices that are deemed unacceptable due to their potential risks to European values and fundamental rights. Read them here:
https://digital-strategy.ec.europa.eu/en/library/commission-publishes-guidelines-prohibited-artificial-intelligence-ai-practices-defined-ai-act
Regulation of Artificial Intelligence Bill
The Irish Government has just announced plans to introduce the Regulation of Artificial Intelligence Bill in its Spring 2025 legislative programme, a pivotal piece of legislation aimed at giving full effect to the European Union’s Artificial Intelligence Act (EU Regulation 2024/1689). Even though the AI Act as a regulation has direct effect, this move is set to shape the national regulatory framework for AI governance in Ireland and establish national enforcement mechanisms in line with the EU’s approach. Read more from Dr Barry Scannell, William Fry's LinkedIn post here:
https://www.linkedin.com/posts/activity-7298253828716449793-2oKd?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAX4RA4Bt68TDgJqQ7f3HD2hTzPaI0Cbpis
EU poll shows strong support for AI protections at work
The European Commission Eurobarometer surveyed 1,006 people in Ireland, as part of 26,400 in total across the EU, about their attitudes to the use of AI and the future of work. It found that 84% of Irish workers believe it is important to have rules which protect workers' privacy and 80% say it is important to have rules which involve workers and their representatives in the design and adoption of new technologies. More from RTÉ:
https://www.rte.ie/news/business/2025/0215/1496961-survey-artifical-intelligence-workplace/
3. Remote Working ⚓︎
'The end of remote work is about poor leadership, not productivity'
Hugh Viney, CEO of online school, Minerva’s Virtual Academy (MVA) says businesses struggling with remote teams are failing to adapt, rather than proving the model doesn’t work. As major businesses roll back flexible working policies, Viney warns that forcing employees back into offices reflects outdated thinking and weak leadership reports Business Plus:
https://businessplus.ie/business-insights/leadership-hugh-viney/
Disputes over working from home a key cause of employment conflict, say HR experts
While it may come as no surprise that remote working was the most prevalent industrial relations issue last year, according to HR professionals, amid the increasing and ongoing drive to return workers to the office, the greater flexibility previously shown to them appears to be giving rise to conflict at an increasing rate. Although those working in human resources agree that flexible working patterns allow for better work-life balance and general wellbeing, its adoption and the speed at which it was adopted has seen negative consequences. “I would have thought when everyone’s working remotely or in a hybrid way, surely there should be less conflict between people, because they don’t have to see each other as much,” says Michelle Halloran, an independent HR consultant and workplace investigator with Halloran HR Resolutions, “But I’m seeing more conflict than I’ve ever seen.” More from the Irish Times:
https://www.irishtimes.com/business/work/2025/02/19/disputes-over-working-from-home-a-key-cause-of-employment-conflict-say-hr-experts/
Office attendance is becoming a performance metric
There is a new front in the return-to-office battle. Some companies are not just stiffening their mandates but are increasingly monitoring attendance and using the data gathered in performance and pay reviews. After several years of employees calling the shots on working habits, especially when the labour market was tight, bosses are seeking to exert more influence. Irish Times has more:
https://www.irishtimes.com/business/2025/02/13/office-attendance-is-becoming-a-performance-metric/
Revolut commits to hybrid working
The founder and CEO of online banking platform Revolut has reaffirmed his company's commitment to hybrid working. It comes amid a pushback against remote working by many firms that have asked workers to return to the office. In a message to staff, Nik Storonsky, said Revolut is different and cares more about what workers do than where they do it. More from RTÉ:
https://www.rte.ie/news/business/2025/0219/1497725-revolut-commits-to-hybrid-working/
Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges
Are you dealing with remote and flexible working requests in your business? Come to our event, Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges online, on 27th March. This event is in partnership with the leading employment law team at Eversheds (Sutherland) Ireland LLP. We will be exploring topics such as absence management (short and long term), disability & reasonable accommodation, remote and flexible working requests and much more! Get the legal answers to your most pressing & tricky HR challenges. Read the full programme here:
https://legal-island.ie/events/legal-answers-to-hr-dilemmas-roi
4. Employment Permits ⚓︎
Internship Employment Permit Changes
The Internship Employment Permit in Ireland is designed to facilitate the employment of foreign nationals who are full-time students from third-level institutions outside the State, allowing them to gain work experience in Ireland. The permit is valid for a maximum of 12 months and is non-renewable. Eligibility criteria include a remuneration at or above the National Minimum Wage and the internship being related to skills shortages identified on the Critical Skills Occupations List. Employers must be registered and currently trading in the State:
https://www.gov.ie/en/publication/f8a68-internship-employment-permit
And...
Number of people in employment rises to just under 2.8 million – CSO
The estimated number of people in employment in the fourth quarter of 2024 stood at just under 2.8 million, up 2.6% compared with the previous year, the Central Statistics Office's latest Labour Force survey reveals. There was a slight quarterly fall in the numbers in employment, which decreased by 18,400, but there was also a corresponding quarterly fall in the number of people in the labour force.
https://www.rte.ie/news/business/2025/0220/1497844-cso-labour-force-survey/
5. Data Protection and Cyber Security ⚓︎
Fraud warning after ‘sophisticated’ attempted cyberattack on Irish law firm
The fraudster purported to be calling from the practice’s bank, AIB, and claimed that there was an attempted fraudulent payment on the client account. The caller, who was said to speak with an Irish accent and followed the bank’s normal procedure, requested that the solicitor follow a URL to allow him to help resolve the issue. The solicitor separately contacted the bank, who confirmed that this was an attempted fraud and that fraudsters are able to mirror bank phone numbers. The solicitor ended all communications with the fraudster. The bank confirmed to the solicitor that, if they had followed the URL, they would have allowed the fraudster access to their system. More from Irish Legal News:
https://www.irishlegal.com/articles/fraud-warning-after-sophisticated-attempted-cyberattack-on-irish-law-firm
Third of UK workers using risky messaging apps are a danger to employers
New research from Flip reveals that 1 in 3 UK employees use insecure apps like WhatsApp for work, exposing companies to data breaches and compliance risks. With the Scottish Government banning WhatsApp for official use, Flip warns that businesses must act now to secure communications and protect their frontline workforce. HR Director has more here:
https://www.thehrdirector.com/business-news/employee-engagement/third-workers-using-risky-messaging-apps-danger-employers/
6. Legislation Update ⚓︎
Government publishes spring legislative programme
Ireland’s new government has published its first legislative programme, with 21 bills prioritised for publication and a further 29 bills scheduled for drafting in the current Dáil session.
Some of the most relevant bills to the workplace include:
- Employment (Contractual Retirement Ages) Bill
- Protection of Employees (Employers’ Insolvency) (Amendment) Bill
- National Cyber Security Bill
- Equality and Family Leaves (Miscellaneous Provisions) Bill
- EU Data Regulation Bill
- Pay Transparency Bill
- Registration of Trade Unions Bill
- Regulation of Artificial Intelligence Bill
More info here:
https://www.gov.ie/pdf/?file=https://assets.gov.ie/319531/3760a815-ee4f-49ea-ba3b-e42244711ea4.pdf#page=null
and here:
https://www.irishlegal.com/articles/government-publishes-spring-legislative-programme
Keep an eye on our Employment Law Hub for further updates on legislative changes.
The Employment (Contractual Retirement Ages) Bill: Unions welcome renewed commitment to ban forced retirement
The Irish Congress of Trade Unions (ICTU) has expressed strong support for the government's renewed commitment to ban forced retirement. The Employment (Contractual Retirement Ages) Bill, which aims to allow workers to remain in their jobs until age 66, has been included in the government's Spring legislative programme. This bill addresses the issue of compulsory retirement ages in employment contracts, which often force workers to retire at 65, particularly in the private sector. The bill had been delayed due to the recent election but is now prioritised for publication in the Spring session:
https://www.ictu.ie/news/unions-welcome-renewed-commitment-ban-forced-retirement
7. Just In Case You Missed It ⚓︎
Redundancies - Practical Employer Guidance: How do I Handle it?
"Our organisation is considering a re-structuring exercise which may involve the redundancy of certain roles. We understand there is a lot to consider before we embark on any such process. How do I handle it?" Jennifer Cashman and Leah Moriarty of RDJ provide the answers:
https://legal-island.ie/employment-law-hub/redundancies-practical-employer-guidance-how-do-i-handle-it
8. HR Developments ⚓︎
Is 'revenge quitting' going on in your workplace?
In an age where traditional resignations no longer make an impact, revenge quitting has become a new trend, creating significant waves in workplaces. It is not merely about resigning from a job but doing so with a purpose. Think of it as an act of rebellion. This is where employees take a bold stand, resigning in ways that draw attention. What exactly is revenge quitting, and what drives employees to engage in this behaviour? Read the anaylsis here:
https://www.rte.ie/brainstorm/2025/0217/1496830-revenge-quitting-workplace-behaviour-employees-employers/
Morgan McKinley: Money is the Main Motivator when Moving Jobs
The Morgan McKinley 2025 Irish Salary Guide surveyed 2750 professionals and 530 employers globally. Key findings include:
65% of professionals outlined ‘salary’ as their most valued factor when looking to move roles.
45% of professionals outlined ‘1 or 2 days’ in the office as their preference of working patterns.
You can access the guide here:
https://www.morganmckinley.com/ie/salary-guide
How should HR handle unethical requests?
As HR professionals, we often find ourselves in uncomfortable situations when asked to undertake actions that conflict with our professional ethics or legal obligations. The CIPD professional map emphasises that ethical practice and professional courage are fundamental to our role as guardians of organisational integrity. When faced with requests that cross ethical boundaries, HR Magazine outlines some options you can consider:
https://www.hrmagazine.co.uk/content/comment/how-should-hr-handle-unethical-requests
9. Employment News in the Media ⚓︎
Fashion retailer New Look is shutting down its Irish operations - with over 340 jobs set to be lost. The High Court has appointed liquidators to the UK-owned brand, with clearance sales announced for Sunday. More:
https://www.newstalk.com/news/over-340-jobs-lost-as-new-look-shuts-down-irish-operations-2138354
One of Dublin’s best-known pubs has been ordered to pay €30,000 in compensation to a former employee who was fired because of his age. The WRC ruled the Hairy Lemon pub discriminated against former maintenance operative, John Mooney, on grounds of age. Mooney (71) claimed he was informed in November 2023 that he was being dismissed at Christmas because the pub’s insurance had increased because of his age. Mooney told the WRC that he was informed there was a stipulation in his contract of employment that he had to retire at 65 and he had already worked far beyond that. More from the Journal:
https://www.thejournal.ie/hairy-lemon-pub-workplace-relations-commission-former-employee-age-6627237-Feb2025/
A tribunal has upheld the sacking of a bank official who spent decades moonlighting as a barman "pulling pints" in a Dublin pub only to lose both jobs in a year after a senior AIB manager read about his unfair dismissal from the bar job in a news report. The WRC rejected complaints under the Unfair Dismissals Act 1977 and the Redundancy Payments Act 1967 by lending manager Alan Ecock. The bank served notice of termination on Mr Ecock, a week after he won nearly €25,000 in December 2023 for what the WRC found in a separate decision to be a "heartless" and "completely unlawful" unfair dismissal from Kavanagh's Pub in Stoneybatter, Dublin 7 earlier that year. More from RTÉ:
https://www.rte.ie/news/business/2025/0218/1497482-aib-official-who-was-moonlighting-as-a-barman-loses-claim/
The High Court is to revoke an order that a Garda civilian driver be re-engaged following his enforced retirement at 70. Mr Justice Rory Mulcahy, on Friday, refused to continue an interim order which was granted on January 30th last requiring the Garda Commissioner to immediately re-engage Tom Ronan as a civilian driver with the force. Mr Ronan had sought injunctions requiring that he be re-engaged in compliance with a Workplace Relations Commission (WRC) adjudicator’s decision that he was discriminated against on the ground of age. Irish Times has more:
https://www.irishtimes.com/crime-law/courts/2025/02/14/high-court-to-revoke-order-for-garda-driver-to-be-re-engaged
The Labour Court has recommended that a company pay a recently hired production manager €40,000 compensation after its owner allegedly told the man “the best thing you can do is to get your car and leave”. In the ruling, Labour Court deputy chairwoman, Louise O’Donnell has recommended that Eurodeck Ltd pay the worker €40,000 compensation arising from the worker’s claim under the the Industrial Relations Act, 1969. Read full article in Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41573230.html
10. Free Webinars This Month ⚓︎
Case Law Insights: Lessons Learned from Key Bullying and Harassment Cases in Ireland – Free Webinar
Wednesday, 26th February 2025
11:00 AM – 12:00 Noon
Bullying and harassment remain pressing issues in Ireland, with nearly 1 in 3 workers experiencing them firsthand according to Matrix Recruitment’s recent study. Despite complaints being raised to HR or senior leaders, only 20% felt they were resolved promptly and discreetly. This begs the question, are the current Codes of Practice enough?
Laura McKee, Knowledge Partner, Legal Island will be joined by Bernadette Daly, Partner, CC Solicitors and Dr Gerry McMahon, MD at Productive Personnel Ltd as they unpack key cases, share legal insights, and explore practical strategies to foster respectful workplaces.
Dealing with bullying and harassment at work can be tricky, messy, and downright confusing, and this session will help you tackle bullying issues head-on, protect your people, and create a better workplace for everyone!
All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
Legal Island | Webinars Podcasts
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