Caffeine in one hand, headlines in the other — here’s your top 5 fix ☕

1. Most Irish business leaders still giving AI the cold shoulder 🤖
2. Retirement age rows rumble on at the WRC and Labour Court ⏳
3. Booze at work? Not quite, alcohol harm is costing workplaces a staggering €8.5bn 🍺
4. Remote-only jobs are climbing in Ireland — the home office wins again 🏡
5. WRC cuts unfair dismissal award after manager’s “joke” text went very wrong 🙈

And in other news....flexible working is keeping older workers on the job. Without it, over a third of over 55s say they’d walk. Read more 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. Case Law Reviews
2. AI and Employment Law
3. Retirement Age
4. Flexible & Hybrid Working
5. Absence
6. Secondments
7. Cybersecurity
8. Ministers Burke and Donohoe welcome latest figures showing further employment growth in second quarter of 2025
9. Just In Case You Missed It....
10. HR Developments
11. Employment News in the Media
12. Health and Safety Developments
13. Friends of Legal Island
14. Free Webinars This Month 

Moeez Ahmadv Gorey Automotive Solutions ADJ-00057272

Summary: Employer was ordered to pay unpaid wages after failing to register an apprentice and unlawfully withholding pay below the national minimum wage.

Practical Guidance for Employers: 

Employers should:

• Ensure that all workers engaged under a contract of employment are paid in full and at the correct lawful rate from the outset. If the intention is to employ someone as an apprentice, the registration process with SOLAS or the relevant authority must be completed promptly and confirmed in writing before applying any apprentice pay rates.
   
  
• Paying a reduced rate on the assumption that apprenticeship registration will occur later creates a significant legal risk, as national minimum wage laws will apply unless formal apprenticeship status exists. Clear written agreements and proper documentation should be in place before work commences, specifying the pay rate, hours, and terms.
   
  
• Finally, wages must be issued promptly and in accordance with the Payment of Wages Act 1991. Any non-payment or underpayment can be treated as an unlawful deduction and may result in significant awards. Employers should maintain accurate records to evidence compliance.

Read the full Review here: Moeez Ahmadv Gorey Automotive Solutions [2025]

Derek Geraghty v MK Utilities ADJ-00058289

Summary: Employee was awarded a statutory redundancy payment after the employer failed to follow proper procedures when reducing his hours and providing clear employment records.

Practical Guidance for Employers: 

Employers should:

•  From this decision, the key lesson for employers is the importance of clear, documented communication regarding any reduction in hours, layoff, or termination. In this case, letters to the Department of Social Protection were interpreted as evidence of dismissal, despite the Respondent’s later denial. Employers should ensure that all correspondence is accurately worded to avoid unintended implications, and that any statements provided to third parties cannot be misconstrued as confirming redundancy unless that is the genuine intention.
   
  
• It is also essential to follow the statutory procedures under the Redundancy Payments Acts when hours are reduced below 50% for a prolonged period. Where an employee serves notice of intention to claim redundancy, employers must promptly issue a counter-notice if they wish to contest liability. Failure to do so, as seen here, can result in a finding that redundancy has occurred, even where the employer intended the arrangement to be temporary.
   
  
• Another critical point is the need for proper employment records. In this case, the absence of payslips, a written contract, and evidence of PRSI contributions weakened the employer’s position. Maintaining accurate records, contracts, and proof of insurable employment is not only a legal requirement but also protects against disputes.
   
  
• Finally, employers should note that the award here was made subject to the Complainant having been in insurable employment during the relevant period. This means that, where PRSI contributions have not been properly recorded or paid, an award could be delayed or reduced. 
  
  

Read the full Review here: Derek Geraghty v MK Utilities [2025]

Back to Top

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.

Back to Top

Majority of Irish business leaders not using AI despite government's ambitions

More than half (55 per cent) of directors and senior executives report their organisations do not have a board-approved artificial intelligence strategy in place, according to a survey conducted by the Institute of Directors (IoD). Despite government ambitions for Ireland to become a world leader in AI, 49 per cent of respondents said their company is currently leveraging AI to support business operations, reports Business Plus.

Could AI make in-person work a thing of the past?

As we continue to embrace the advantages of AI, a new report shows that some believe the technology will make physical offices obsolete. This article from Silicon Republic outlines why.

The EU Artificial Intelligence Act (AI Act): Mid-Year Reflection

It is not easy to predict what exactly will happen next however there is very much a plan. The next significant milestone in August 2025 introduced a series of measures that require AI providers to publicly disclose details about risks, model training techniques, and datasets. Organisations will also be required to ensure that AI outputs are understandable, predictable, and governed by clearly defined policies. Further developments expected in the second half of the year include the outcome of the high-risk AI consultation, the designation of national authorities and the empowerment of the Commission to impose significant fines on AI providers who pose a systemic risk. Law firm, Beauchamps has more on this.

The New ChatGPT5 Reviewed (Part II)

In Part II of his Review, Barry Phillips explores what has changed in ChatGPT-5 both “front of house” and “behind the curtain.” From faster responses, fewer hallucinations and a bigger context window to new Settings features such as Google connectors, expanded language options, voice modes and personality customisation — Barry highlights how these developments could reshape everyday use of AI in HR.

You can also access the episode here.

Back to Top

Retirement age remains bone of contention at WRC and Labour Court ahead of legislation

Legislation intended to allow employees work until they qualify for the State pension will not be enough for many of the workers who want, or need, to defer retirement, a Siptu official who fights cases on the issue at the Workplace Relations Commission (WRC) and Labour Court believes. “This won’t be the end of it,” says Rachel Hartery of the Employment (Contractual Retirement Ages) Bill 2025, a piece of legislation intended to address a situation in which people find themselves caught for a time between having to retire from work and being entitled to their State pension, currently on reaching 66. “People are definitely going want to work later.” More from the Irish Times.

Back to Top

Flexible working key for over-50s' job satisfaction

A recent survey of 4,000 UK adults reveals that flexible working is a key factor in retaining older employees, with over a third of workers aged 55 and above considering leaving their jobs if flexibility is restricted. The findings, published by the Standard Life Centre for the Future of Retirement, underscore the importance of flexible options in reducing early exits from the workforce - currently costing key industries around 440,000 experienced workers over 50 each year. Business Plus online has more.

Remote-only job offers on the rise in Ireland – survey

Amid the growing global trend of employers calling employees back to the office for more in-person workdays, remote-only roles have increased significantly across Ireland, new research from Accenture shows. The new research reveals a significant shift in Ireland's technology sector, with remote-only roles going up by 33.1% in the last six months. In Dublin, they have increased by 39.2%. More on this from RTÉ.

Union takes its fight against Bank of Ireland's return-to-office policy to the WRC

Bank of Ireland’s proposed change from fully remote to hybrid working has been referred to the Workplace Relations Commission for dispute resolution proceedings by the Financial Services Union. The lender last month announced that staff at Bank of Ireland would be required to attend work in person eight days each month from September. More from the Journal.

Back to Top

WRC Finds Unfair Dismissal where Employer Failed to Engage with Employee during Period of Absence

In Barry Colclough v Grange Mockler Holdings Ltd t/a Lanigan’s Bar (ADJ-00050044) the Complainant claimed that he was unfairly or constructively dismissed from his employment as Head Door Supervisor with the Respondent in breach of section 8 of the Unfair Dismissals Acts 1977 – 2015.

This decision is notable in respect of the finding that a failure on the part of the Respondent to engage with the Complainant during a period of “unknown” or “unauthorised” absence constituted its dismissal of the Complainant. In other words, it was the Respondent’s failure to act that was found to amount to its dismissal of the Complainant. Ordinarily “dismissal” by an employer requires a positive action on the employer’s part to terminate an employee’s contract of employment. Anne O'Connoll Solicitors has more on this.

Event: Managing Sickness Absence in Ireland

Join us at our upcoming event in association with Addleshaw Goddard LLP, focused on managing sickness absence. This event provides a valuable opportunity to gain insights, practical strategies, and up-to-date guidance from industry experts who will offer actionable strategies that you can implement immediately within your organisation. Book your place today.

Back to Top

Seconded Employee Succeeds in Unfair Dismissal Claim Due to Failure in Investigation of Complaints

In the recent decision of Krzysztof Machinkowski v Spectrum Telecom Installations Limited (ADJ-00052842), the WRC found that the Complainant was unfairly dismissed from the Respondent’s client placement due to the failure of either the Respondent or the client to carry out a proper investigation. The Complainant was on a final written warning at the time and some form of procedure was followed but no witnesses were interviewed in relation to the investigation into the allegation. The Adjudicator also criticised the Respondent for not making sufficient efforts to find an alternative role for the Complainant when its client refused to allow the Complainant work for them. More from Anne O'Connoll Solicitors.

Back to Top

Workday confirms social engineering attack

Human resources giant Workday has confirmed a data breach after attackers gained access to a thirdparty customer relationship management (CRM) platform in a social engineering attack. According to a blog post on the company’s website, threat actors contacted employees by text or phone pretending to be from human resources or IT with the intention of tricking them into giving account access or other personal information. Tech Central has more on this story.

Back to Top

The Q2 2025 Labour Force Survey and latest Monthly Unemployment Release show:

• Employment continues to grow, with 65,700 jobs (seasonally adjusted) created in the year to Q2 2025
   
  
• Total employment now stands at 2.81 million
   
  
• Employment growth has been widespread throughout the regions – Employment outside of Dublin increased by 56,100 in the year to Q2 2025 (+2.9 percent)
   
  
• Full time employment was up 52,800 (+2.4 percent) year on year in the second quarter, while part time employment was up 10,900 (+1.9 percent) year on year
   
  
• In July 2025, the seasonally adjusted unemployment rate was 4.9 percent, up from the revised rate of 4.6 in June 2025 and from a rate of 4.5 percent in July 2024

Read more here.

Return to the Office – Can Employers Find the Right Balance?

Amore Irish employers consider increasing office days, a question keeps coming up, how much time should people really spend in the workplace? For some leaders, the office is still where ideas flow best and culture comes alive. For others, flexibility has proven too valuable to lose. In this piece, we look at why some companies are calling people back, why others are leaning into hybrid, and how employers can strike a balance that keeps both performance and people in mind. Read more from Caroline Reidy, HR Suite. 

Back to Top

CIPD: Role of HR in selecting and developing senior leaders

Good senior leadership is vital in providing organisations with the right strategic direction and oversight. But what are the skills, capabilities and knowledge that senior leaders should be equipped with? And how can people professionals tasked with selecting, developing or advising on senior leadership positions, carry this out effectively? Read more here. 

Eurostat reveals the number of people working very long hours in Ireland

New figures from Eurostat show that the share of people in the EU working very long hours has continued to decline, though Ireland remains above the European average. In 2024, just 6.6 per cent of employed people aged 20 to 64 in the EU reported usually working 49 hours or more per week in their main job. That marks a steady fall from 9.8per cent in 2014 and 8.4 per cent in 2019, as concerns around work–life balance and labour protections have gained ground across Europe. The Irish rate, however, stood at 7.7%, slightly higher than the EU average. More from Business Plus.

Back to Top

A former bogus self-employed worker at RTÉ has lost his claim to retrospective pay and holiday entitlements from the broadcaster as a result of the misclassification of his employment status for over six years. The Workplace Relations Commission ruled that it did not have the jurisdiction to hear complaints made by RTÉ employee Joseph Kelly in relation to his former employment status because they had been submitted outside the statutory timeframe. More from RTÉ.

A tribunal has made a reduced award for losses from unfair dismissal to a manager sacked after he admitted taking a colleague's phone and sending her husband a "sexually explicit" text message as "a joke". In an anonymised decision, the Workplace Relations Commission upheld a complaint under the Unfair Dismissals Act 1977 against the man's former employer after concluding it was "too extreme" to declare that the man's conduct was "at the high end of sexual harassment". More from RTÉ.
 
SIPTU representatives met with senior management at Leprino Foods in Portlaoise Wednesday, 20th August, following the announcement that the company intends to cease production at the plant in 2026. More here.  

Air Canada's unionised flight attendants have reached an agreement with the country's largest carrier today, ending the first strike by its cabin crew in 40 years that had upended travel plans for hundreds of thousands of passengers. More from RTE.

 A Nepalese restaurant worker awarded more than €23,000 at the WRC last year has had the award overturned by the Labour Court. The court found his complaint about breaches of employment law by the fast food outlet where he worked had been made after the permitted time period had elapsed. Full story from the Irish Times.

Thousands of Airbus workers in Britain will go on strike for 10 days starting next month over a demand for better pay, threatening to disrupt production of aircraft wings, trade union Unite has said. Unite, which represents more than 3,000 aircraft fitters and engineers at Airbus, said 90% of members voting in a ballot had chosen industrial action, which will go ahead unless the European planemaker presented an improved pay offer. More from RTÉ.

Billionaire Elon Musk and his social media firm X have reached a tentative settlement with former employees who had sued for $500m (£373m) in severance pay. The parties reported the deal in a court filing on Wednesday, jointly requesting the US appeals court in San Francisco to postpone an upcoming hearing to allow time to settle the paperwork. Full story from BBC.

Back to Top

Alcohol harm costing workplaces €8.5 billion in lost productivity

Alcohol abuse is costing Irish workplaces €8.5 billion a year in lost productivity, according to Alcohol Action Ireland (AAI). AAI’s latest report, titled Alcohol’s Cost to the Workplace, uses national and international evidence to shine a light on the impact of alcohol in the workplace in Ireland, the scale of its impact on workers, on employers, and on the economy. The report found employers and businesses can sometimes be a major contributor themselves to alcohol use amongst workforces. Breaking News has more on this story.

Back to Top

Deputy Chairman, the Labour Court - Vacancy

Further information on this opportunity including a full list of essential and desirable requirements and details on how to apply, is available on www.publicjobs.ie The closing date for receipt of completed applications is 3pm on Thursday 11th September 2025. More info here.

Back to Top

Auto-Enrolment 2025 - What HR Needs to Know and Do

📅 Thursday, 18 September 2025
⏰ 11:00 – 11:45 (45 mins)
💻 Online

REGISTER NOW 

Ireland’s new auto-enrolment scheme is going live, and for HR teams, that means real changes to contracts, payroll, and how you communicate with staff. Yet, as RTÉ recently reported, 1 in 4 organisations still haven’t begun preparing.

So, ask yourself: is your organisation ready? Or just hoping it all falls into place?

Whether you're well underway or just getting started, this short, focused webinar will help you:

• Understand your obligations and what’s changing
  
• Spot potential payroll and contract pitfalls
  
• Sense-check your approach with expert insight
  
• Hear how other employers are planning their response

Led by Caroline Reidy, MD of the HR Suite and one of Ireland’s most respected HR experts, the session will offer clear, practical guidance. Hosting the conversation is Julie Holmes from Legal Island, who’ll ask the questions that matter, including how to talk about pensions without everyone leaving the room.

You’ll leave with fresh insight, real-world examples, and the confidence to take the next step, whether you’re already well-positioned or still catching up.

Check out previous discussions:
Legal Island's Webinar & Podcasts

Enjoy your weekend!

Legal Island

Back to Top