This week's top 5:

1. Legal Island makes it Big in the EU! 💫
2. Public asked for their views on right to request remote working 💡
3. AI-generated complaints in the workplace present new challenges – survey 💻
4. The EU Minimum Wages Directive Is Alive and Kicking 💶
5. What The Celebrity Traitors teaches HR about unconscious bias and decision making 📺

And in other news….our Annual Review of Employment Law on 27th Nov sold out quicker than you can say “statutory entitlement"! Join the waiting list or catch all the action online from anywhere. 🔥 Check it out 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. Annual Review of Employment Law - Not to be Missed!
2. Case Law Reviews
3. AI and Employment Law
4. Recruitment
5. DEI
6. Remote Working
7. HSE set to spend over €720m hiring agency workers as thousands of staff jobs unfilled
8. ICTU: Moves to protect the integrity of pension auto-enrolment welcome
9. EU Developments
10. Just In Case You Missed It....
11. HR Developments
12. Employment News in the Media

The Annual Review of Employment Law is back on 27 November at the Aviva Stadium and the line up is looking seriously impressive. 🎉. Expect a full tour of everything shaping Irish workplaces right now… AI rumbling through HR, the EU pay transparency rules everyone is trying to decode, the biggest cases of the year, investigations, negotiated exits and a look at what 2026 is planning to drop on us next. And you will be hearing it all from the people who actually know their stuff, including Jennifer Cashman, Duncan Inverarity, Maura Connolly and more of the country’s sharpest employment law minds. 🌟.

Our in person tickets have already disappeared but you can still add your name to the waiting list. Better yet grab an online ticket and enjoy the whole thing from your desk sofa or wherever you do your best learning. It is the easiest way to get fully up to speed without wading through mountains of case law. 💻

Quick - BOOK your place today HERE.

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Asaf Shnel v Teagasc ADJ-00057939

Summary: An employee on successive fixed term contracts was found to have continuous service exceeding four years and was therefore entitled to a contract of indefinite duration.

Practical Guidance for Employers: 

Employers should:

• Employers relying on fixed-term contracts needed to recognise that the Protection of Employees (Fixed-Term Work) Act 2003 imposed limits and that, once four years’ aggregate service was reached, any renewal risks automatic conversion to an indefinite contract. Service records had to be monitored, including moves between projects or grades, and managers should seek advice before requiring employees to resign and re-engage for administrative reasons.
   
  
• Note, objective justification also had to be handled carefully. Funding dependency, budget uncertainty, staffing caps or an aversion to redundancy are rarely sufficient alone. Employers need records showing concrete reasons why a role was temporary or project-specific, and why a fixed-term contract was appropriate and necessary. Generic wording lifted from templates are unlikely to withstand scrutiny.  
   
  
• Finally, organisations whose core work depends on recurring projects should plan on the basis that certain professional functions are a permanent need. This means identifying roles that ought to be filled on indefinite contracts, with fixed-term staff used only for time-limited tasks. Training managers on s.9 and the cost of arrears and grade restoration is a good policy.

Read the full Review here: Asaf Shnel v Teagasc [2025]

Payroll Processor v Retail Shop R - SC - 00003713

Summary: A payroll officer dismissed during probation was found to have been unfairly terminated because the employer failed to follow fair procedures or provide any evidence of performance management.

Practical Guidance for Employers: 

Employers should:

• Ensure that probationary processes are fair, transparent, and properly documented. During probation, performance expectations should be clearly outlined from the outset, with regular review meetings and written feedback provided. Where issues arise, employees should be given clear notice, specific examples of concerns, and an opportunity to improve before any termination is considered.
   
  
• Ensure that grievance procedures remain accessible to all employees, including those on probation. Any complaint of bullying, discrimination, or mistreatment must be investigated promptly and impartially.
   
  
• Ensure managers receive training in communication and workplace conduct. Hostility or disrespect can quickly escalate into complaints. Note, a culture of professionalism and procedural fairness not only reduces legal exposure but also enhances morale, trust, and overall productivity.

Read the full Review here: Payroll Processor v Retail Shop [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.

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Legal Island makes it Big in the EU! 

We heard this week that Legal Island is just one of three organisations in the island of Ireland now listed in the Repository of AI Literacy Practices which is designed to share good practices relevant to boosting AI literacy in the workplace. More information here.

EU prepares to delay landmark AI rules by one year

The bloc previously wanted to be seen as a global front-runner in regulating the nascent technology, but now aims to stay competitive with the U.S. and China, reports Politico.

AI use creating recruitment ‘doom loop’ for job seekers and employers, hiring platform says

The use of AI by both job applicants and hiring companies has plunged corporate recruitment into a “doom loop” in which it is becoming harder for either side to successfully navigate the process, according to research from hiring platform Greenhouse. The survey suggests 68 per cent of job seekers are using AI to improve their applications while 82 per cent of employers are using the technology to help assess the applications, with both sides struggling to keep up with the technological advances. More from the Irish Times.

AI-generated complaints in the workplace present new challenges – survey

The use of artificial intelligence (AI) is having an increasingly significant impact on workplace lawsuits according to a survey by UK law firm Irwin Mitchell. According to a poll of 200 HR professionals more than half (50%) had dealt with complaints from employees that are suspected to have been generated by AI. This article from Tech Central looks at how employers should approach the issue.

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode: 
Will the US Succeed in Trumping the EU AI Act as well as D&I?

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Why are employers making you do so many rounds of job interviews?

In this RTÉ article, Professor Kevin Murphy from the University of Limerick says the move to get applicants to complete multiple interviews for jobs is another form of the conservative bias around hiring in many firms. More here.

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Global study reveals persistent age discrimination in the workplace

A study by Global Talent Hub sheds light on the ongoing challenges faced by employees aged 55 and above in the labour market. Although this group has long been recognised as being at greater risk of exclusion, the study explores in detail why this remains the case, and how employers’ attitudes and actions often diverge from their public commitments.

Despite widespread skills shortages:

• 74% of respondents observe general age discrimination in the workplace.
• 63% believe that individual behaviour also plays a role.
• Alarmingly, 37% of participants admit to holding a pessimistic view of older workers, even when these employees demonstrate strong commitment and initiative.

More from HR Director here.

Report on the Gender Pay Gap in the Department of Enterprise, Tourism and Employment 2025

The Department of Enterprise, Tourism and Employment (DETE) has published its Gender Pay Gap Report for 2025. The report indicates that DETE’s gender pay gap in 2025 is 8.35%, in favour of male employees. This report covers employee data as of the snapshot date for reporting of 20 June 2025. DETE has a total of 974 employees, 59% female and 41% male. The percentage of female employees within the upper and upper middle remuneration quartiles is 47% in 2025. More on this.

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Workers need independent appeals process if refused remote work request, says CIPD

Workers need to be given access to an appeals process if they are refused an option of remote working, the Chartered Institute of Personnel and Development has urged. The call comes as employment minister Alan Dillon announced a public consultation seeking views on the right to request remote working. The public consultation comes amid a growing push by man employers to bring employees back to the office, and squeezing of remote and hybrid working opportunities. The Irish Examiner has more.

Public asked for their views on right to request remote working

The Government is seeking public feedback on the right to request remote work, introduced in March 2024. While the law doesn’t guarantee remote work, it outlines how requests should be made and considered, guided by a Workplace Relations Commission (WRC) code. Since launch, the WRC has received 60 complaints, with most resolved or withdrawn. A review is required within two years, prompting Minister Alan Dillon to open this consultation. RTÉ has more on this.

And…

Minister Dillon launches public consultation as part of a legislative review of the right to request remote working

Completed questionnaires are requested no later than 3pm on Tuesday, 9 December 2025. More details can be found here.

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The HSE is on course to spend over €720m on hiring agency workers this year while more than 3,700 staff jobs, for which it has been given funding lie empty. The agency workers cover a wide range of services and are hired daily to provide medical and nursing care, administrative duties, as well as general support and other patient care, however some 3,743 full time jobs, which can be employed under the HSE budget, are not filled, raising major questions about the efficient use of public money and also disruptions to patient care with different people on duty. The Irish Independent has more.

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Congress understands the Minister for Social Protection intends to sign secondary legislation into law to protect the integrity of the new pension auto-enrolment scheme under the powers given to him by the Automatic Enrolment Retirement Savings System Act. Welcoming the commitment to set out in regulation minimum standards on employer contributions into existing pension schemes and other matters to ensure employees exempt from auto-enrolment are not being shortchanged. You can read more here.

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After Landmark EU Court Judgement: The EU Minimum Wages Directive Is Alive and Kicking

The landmark ruling validates the directive's approach to adequate wages and collective bargaining, dealing only minor setbacks to its implementation across Europe. Social Europe has more on this story.

European Commission seeking further information over data protection commissioner appointment

RTÉ reports the European Commission is seeking further information from the Irish authorities in relation to the appointment of Niamh Sweeney as the third commissioner of the Irish Data Protection Commission (DPC). The move follows controversy over Ms Sweeney's suitability for the role due to her former position as a senior official in the tech giant Meta.

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How can AI enhance the practice of HRM in our organisation and mitigate the risks of using AI? How do I Handle it?

Nathalie King from RDJ LLP outlines how AI systems are used at four key stages of employment, the key legal risks associated with the use of AI systems at each of these four stages and HR’s role in mitigation the risks. You can read it here.

The use of Artificial Intelligence tools in WRC cases

Last month, the Workplace Relations Commission (the “WRC”) issued guidance on the use of Artificial Intelligence (“AI”) tools to prepare material for submission to the WRC (the “Guidance”). The Guidance follows a recent WRC decision where a party’s written submissions included legal citations generated by AI that were found to be inaccurate or non-existent (the “Decision”). Triona Cody has more on this topical issue here.

Why workplace mediation is a valuable tool in early conflict resolution

Mediation is a process designed to resolve conflict through open dialogue. Rather than determining who is right or wrong, a neutral mediator facilitates communication between parties, helping them express their views, understand each other’s concerns, and work towards mutually agreed solutions. Caroline Reidy has more.

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Reimagining meetings: How AI can help us protect our most precious resource

According to a recent Flex Index survey of global knowledge workers 32% spend most of their week in meetings, yet fewer than half (48%) find them effective. So, why do meetings often go sideways? This article from Dropbox outlines how they addressed it.

Workplace support for healthy lifestyle habits lacking

Research exploring key barriers to preventative care and examining how workplace culture influences health behaviours, reveals that only 37% of employees believe that their workplace supports them to engage in activities to maintain their health and prevent future diseases. Highlighting the need to rethink how workplace wellbeing is promoted, these findings come from Vhi’s latest ‘Workplace Health Insights’ survey, the research shows that while employees in Ireland are aware of the benefits of preventative health, 28% report no participation, or only minimal engagement in lifestyle measures that help maintain health and prevent disease. The Aovndhu has more on this.

What The Celebrity Traitors teaches HR about unconscious bias and decision making

After weeks of nail-biting roundtables and banishments on The Celebrity Traitors, the nation was gripped. But why? Because beneath the drama and betrayals, we’re fascinated by the intricacies of human decision making. As in the show, everyday organisational choices are often shaped by hidden assumptions rather than objective facts. Unconscious bias refers to automatic, unintentional judgements or stereotypes about people or groups that influence behaviour without conscious awareness. These biases steer decisions and actions and, from an employment law perspective, may connect to discrimination. People Management has more.

7 Ways to Avoid Key Mistakes Relating to Neurodiversity at Work

In an age where you are increasingly expected to be able to navigate neurodiverse workplaces, but may feel a little underprepared to do so, this article from uptimize put together the following list of key mistakes to avoid in your day to day work. Being aware of these potential pitfalls will help you immediately contribute to greater neuroinclusion. Read here.

Skill Builder for HR: Neurodiversity at Work

Legal Island's Skill Builder for HR series is a set of monthly ninety minute sessions created for senior HR leaders who want practical tools they can put to work straight away. This session on Neurodiversity at Work is led by Dr Susan Hill from Medmark, who will guide you through what neurodiversity looks like in everyday working life and how small changes can unlock big gains in engagement and performance.

Expect expert insights, real examples, peer discussion and clear do’s and dont’s for supporting different working styles. You will come away with practical strategies for creating an inclusive environment, boosting productivity and tackling the challenges that can quietly hold teams back. Read more here.

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The board of airport operator DAA and its chief executive Kenny Jacobs are on a legal collision course after Minister for Transport Darragh O’Brien blocked a near-€1 million exit deal for Mr Jacobs. Relations between the board and Mr Jacobs broke down over the summer after directors concluded the chief executive was unsuitable for the post. Although the Minister asked the parties to pursue reconciliation, the board wrote back saying its stance was unchanged since directors unanimously approved the exit deal in September. More from the Irish Times.

RTÉ reports a Muslim security guard who alleged a colleague at the National Gallery of Ireland slipped rashers into his bag when he left it in a locker room has failed in a claim for racial and religious discrimination. Adjudication officer Niamh O'Carroll wrote that she had a "serious concern about the authenticity of the forms submitted into evidence by the complainant". More from RTÉ.

The Irish Heart Foundation (IHF) has been ordered to pay salary arrears and €15,000 in compensation to a 70-year-old worker who was discriminated against by being paid less than colleagues with the same job title. The Workplace Relations Commission (WRC) found the charity had breached the Employment Equality Act 1998. Seamus Casey, who was a stroke support group coordinator, had accused the charity of ageist discrimination by forcing him to retire on December 31st, 2023, as he was approaching his 69th birthday. The Irish Times has more on this story.

SIPTU members employed at Carroll’s Cuisine in Tullamore, County Offaly, will undertake two additional 12-hour work stoppages on Friday (21st November) and Saturday (22nd November), following the failure of management to engage in discussions on pay, working conditions and union recognition at the meat processing plant. You can read the full press release here.

Implementation issues with a HR and payroll system at Beaumont Hospital led to an interest and penalty demand of more than €66,000, the Dáil's Public Accounts Committee (PAC) has been told. The new HR and payroll system installed at the Dublin hospital eventually cost €4.8m, against an initial budget forecast of just €1.9m, the PAC heard in October, with correspondence being requested on additional issues. The Irish Examiner has more on this.

A number of “very cruel” employers are trying to sign their staff up to cheap pension schemes that deprive them of the full benefits of auto-enrolment.  From 1st January, workers aged between 23 and 60 who earn more than €20,000 a year have the right to be automatically enrolled in the My Future Fund pension scheme. Find out more.

Enjoy your weekend!

Legal Island

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