As Storm Éowyn looms, stay safe and informed—curl up with this week’s employment law updates to weather the storm with confidence. 🌪️⚖️
Don't miss this week's Top 5 stories—AI buzz, work trends, and big moves in the job market await! 🔍
⚖ #Programme for Government 2025 - Securing Ireland's Future #
🤖 AI Hype, No Help #: 80% want AI, but training’s MIA.
☘️ Irish Edge #: Irish workers outshine UK peers in effort.
🚨Talent Crunch #: Ireland faces a 20-year skills drought.
🏡Remote Work’s Not Dead #: Legislation favours employers, but remote work persists.
And in other news #…..JOIN us & HR expert, Michelle Halloran on 26th & 27th Feb for our event on Conducting Workplace Investigations and Alternative Conflict Resolution Methods! Contact vanessa@legal-island.com to BOOK your place!
CONTENTS #
- Case Law Reviews
- AI and Employment Law
- Adverse Weather
- DEI
- Isaac Wunder orders
- Working Time
- Recruitment & Retention
- Remote Working
- Data Protection
- Just in Case You Missed It...
- Employment News in the Media
- Friends of Legal Island
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1.Case Law Reviews #
Soniya George v Talbot Group [2024] #
Complainant: #Soniya George
Respondent: #Talbot Group
Keywords: # Gender Discrimination, Family Status Discrimination, Pregnancy, Health and Safety Leave
Summary Sentence: #Employers should ensure their actions align with legal obligations to avoid employee discrimination claims. #
Practical Guidance for Employers: #Employers should ensure compliance with health and safety obligations under the Maternity Protection Act 1994 and Safety, Health and Welfare at Work Regulations 2007, conducting thorough risk assessments for pregnant employees. Employers must document efforts to find safe alternative roles, ensuring that employees are informed promptly about decisions and options. Employers should establish clear policies for health and safety leave and communicate these effectively to staff.
The full case review can be found here: Soniya George v Talbot Group [2024]
Artur Marecki v Board of Management Scoil Pádraig Naofa [2024] #
Complainant: #Artur Marecki
Respondent: #Board of Management Scoil Pádraig Naofa #
Keywords: # Dismissal, Fair Procedures, Misconduct
Summary Sentence: #Unfair Dismissal led to zero award due to employee contribution to the situation. #
Practical Guidance for Employers: #
Employers should:
- Conduct a Fair Investigation: # Ensure allegations of misconduct are thoroughly and impartially investigated, allowing the employee to respond and have representation.
- Adhere to Fair Procedures: # Adhere strictly to grievance and disciplinary procedures, providing clear communication and documenting all steps taken to ensure compliance.
- Proportionality Matters: # Consider whether the dismissal is proportionate to the misconduct, aligning with the "range of reasonable responses" test for fairness.
The full case review can be found here: Artur Marecki v Board of Management Scoil Pádraig Naofa [2024]
These case reviews were written by Patrick Barrett.
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?query=§ion=hubArticles&siteId=2&page=1&perPage=12&sort=postDate+DESC&entryTypes%5B%5D=caseLaw
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2. AI and Employment Law #
Analysis: Ireland’s AI Act exemptions #
William Fry partners Barry Scannell and Leo Moore unpack Ireland’s exemptions from the landmark EU AI Act. Ireland has a unique position in the European Union’s regulatory framework for AI, benefiting from an exemption from certain provisions related to AI used in law enforcement, under Recital 40 of the EU AI Act. Read the full article from Irish Legal News here:
https://www.irishlegal.com/articles/analysis-irelands-ai-act-exemptions
Ireland Chapter of PMI launches AI Innovation Hub #
An AI innovation hub is being set up by the Ireland Chapter of the Project Management Institute (PMI). The announcement made on 21 January marks a stepping stone in the PMI’s plans to equip project management professionals “with the knowledge and skills to integrate AI technologies across their organisations”. Silicon Republic has more here:
https://www.siliconrepublic.com/machines/pmi-ireland-ai-hub-innovation-launch-project-management-tech
80% of employees keen on AI but very few get any training or support #
New research published by recruitment firm Hays Ireland, reveals that while 80% of Irish employees are eager to participate in upskilling or reskilling programs to adopt AI technologies in the workplace, only 16% have received any relevant training or support from their employers. Despite this enthusiasm, 73% of Irish employees report they are not currently using AI tools or technology in their roles, largely due to a lack of understanding and workplace training. Notably, 88% of organisations polled say they have not prohibited the use of AI in the workplace, yet a significant gap in training persists. More from Business Plus online here:
https://businessplus.ie/news/ai-employees/
Accuracy when using ChatGPT - 3 Hot Tips #
This week Barry Phillips offers 3 Hot Tips to help improve the accuracy of responses from ChatGPT and other GenAI models. Listen here: Accuracy when using ChatGPT - 3 Hot Tips
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3. Adverse Weather #
National Emergency Co-ordination Group meets as red weather warnings issued and very severe weather expected #
The National Emergency Co-ordination Group (NECG) met as red level weather warnings have been issued for some counties and Storm Éowyn is forecast to bring very dangerous and destructive winds on Friday. Met Éireann has issued Status red weather warnings for Clare, Cork, Kerry and Limerick. Employers in red warning areas should facilitate working from home for all employees who can do so. Only emergency service workers should be leaving home for work, where directed by their employer. More from Merrion Street:
https://www.gov.ie/en/press-release/b1493-national-emergency-co-ordination-group-meets-as-red-weather-warnings-issued-and-very-severe-weather-expected/
Read more about dealing with adverse weather warnings in the workplace from the WRC:
https://www.workplacerelations.ie/en/news-media/workplace_relations_notices/absence_during_extreme_weather_events.html
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4. Programme for Government 2025 - Securing Ireland's Future #
Just published yesterday – essential reading. Keep reading the Round-ups and we’ll update you on what you can expect from employment law from the new government:
https://www.gov.ie/en/publication/078a1-programme-for-government-2025-securing-irelands-future/
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5. DEI #
Disability & reasonable accommodation #
Publisher Edco ordered to pay saleswoman €64,000 #
Publisher Edco has been ordered to pay €64,000 to a saleswoman after deciding her rheumatological condition meant it was not "viable" for her to continue in the job because of the weight of the books she was selling. Smurfit Kappa Ireland Ltd, trading as the Educational Company of Ireland (Edco) has been ordered to pay Mary Tracy the compensation for breaching the Employment Equality Act 1998. RTÉ has more here:
https://www.rte.ie/news/business/2025/0120/1491860-publisher-edco-ordered-to-pay-saleswoman-64-000/
Age discrimination #
Labour Court rejects appeal by former TUD lecturer in age discrimination case #
A former lecturer at the Technological University Dublin has lost a Labour Court age discrimination case against the institution after missing out on work related to a short-term project because of rules restricting the hiring of retirees. Colm Costello retired from his job in but subsequently returned to work on several short-term projects. When a similar opportunity arose, Mr Costello agreed to take on the work. However, he received a call from the project coordinator the next day to say they had been advised not to hire him because of a Higher Education Authority (HEA) rule which required special permission to be granted if taking on retirees. The Irish Times has more on this:
https://www.irishtimes.com/ireland/2025/01/21/labour-court-rejects-appeal-by-former-tud-lecturer-in-age-discrimination-case/
Mason Hayes & Curran warns of challenges as the country’s workforce ages #
A survey by MHC found 78% of Irish employers are still stating a mandatory retirement age in their employment contracts or policies, which varied from 60-70 years. It is against the law to discriminate on the basis of age in Ireland. Irish law stipulates however that it is not discriminatory to fix a retirement age for employees, provided the age chosen can be objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. More from Emerging Risks:
https://www.emergingrisks.co.uk/irish-employers-warned-over-age-threat/
US diversity staff put on leave as Trump orders end to federal DEI programs #
All US federal employees working in diversity offices must be put on paid leave by Wednesday evening, the Trump administration has ordered, after instructing government agencies to shut down the programs. The memo, confirmed by the White House press secretary, Karoline Leavitt, directed all department and agency heads to send workers notice by 5pm on Wednesday. It was sent after Trump signed two executive orders targeting DEI programs within the federal government. Read more from the Guardian here:
https://www.theguardian.com/us-news/2025/jan/22/trump-orders-immediate-closure-of-all-us-federal-diversity-offices
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6. Isaac Wunder orders #
Court of Appeal: High Court correctly extended Isaac Wunder orders to WRC and Labour Court #
The Isaac Wunder orders in question restrained the appellant from instituting any further proceedings in any court or forum as against the Minister and the Board in relation to any matter relating to her terms of employment with the Board and from making new complaints to the WRC or pursuing extant appeals before the Labour Court in relation to those issues without leave of the President of the High Court. Read the full analysis in Irish Legal News here:
https://www.irishlegal.com/articles/court-of-appeal-high-court-correctly-extended-isaac-wunder-orders-to-wrc-and-labour-court
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7. Working Time #
Working Time Directive implemented for Defence Forces #
An EU directive which sets out statutory rights for employees in respect of daily breaks, weekly rest, maximum working times and annual leave, is to be implemented across the Defence Forces. Ireland had originally excluded the Defence Forces when it transposed the Working Time Directive but it has since been determined through EU case law that exemptions from the directive may only apply to specific activities, as opposed to a sector in its entirety. RTÉ has more on this story:
https://www.rte.ie/news/2025/0121/1492007-working-time-defence-forces/
Irish employees ‘work harder’ than UK workers, new study claims #
A new study has found that Irish employees are working longer weeks than their UK counterparts. Irish office brokers Click Offices said they wanted to find out which countries work the hardest. As such, it found out the average hours worked annually and weekly across 38 countries by analysing data from the Organisation for Economic Co-operation and Development (OECD) between 2010 and 2023. Ireland ranked 20th out of the 38 countries analysed. Meanwhile, the UK recorded an average of 29.31 hours per week, making it 29th on the list reports Joe:
https://www.joe.ie/news/irish-employees-work-harder-uk-workers-new-study-831441
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8. Recruitment and Retention #
Irish employers facing worst skills shortage in 20 years – report #
Irish employers have reported the greatest difficulty finding candidates with the right skills in 20 years, according to new research. The annual ManpowerGroup Talent Shortage Survey has recorded the highest skills shortage since the survey began, with 83% of employers saying they are struggling to find candidates. More:
https://www.rte.ie/news/ireland/2025/0121/1491931-irish-employers-skills-shortage/
Teachers to avail of cost-rental accommodation to alleviate recruitment shortages in schools #
Teachers will have housing reserved for them in cost-rental developments to alleviate recruitment shortages at both primary and secondary school levels. Minister for Education Norma Foley has confirmed that teachers will be among the key workers who will have accommodation “ring fenced” in cost-rental accommodation. The State-subsidised model offers long-term tenures and stable rents at approximately 25 per cent below local rates reports the Irish Times:
https://www.irishtimes.com/ireland/education/2025/01/18/teachers-to-avail-of-cost-rental-accommodation-to-alleviate-recruitment-shortages-in-schools/
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9. Remote working #
Legislation in employers' favour but 'claims of death of remote work are premature' #
While the current work-life balance legislation does not amount to a legal right to remote work, claims of the 'death of remote work' are premature, according to an employment law solicitor. Barry Crushell runs an employment law firm in Dublin and told BreakingNews.ie that "10 to 20 per cent of the enquiries currently coming in are related to remote work in some shape or form". He explained that the current work-life balance legislation only compels employers to consider remote work requests, so the law is in their favour on most occasions. Breaking News has more on this story:
https://www.breakingnews.ie/business/legislation-in-employers-favour-but-claims-of-death-of-remote-work-are-premature-1719142.html
Tech outsourcing firm Cognizant blames Google after refusing 75 staff work-from-home requests #
Cognizant, an outsourcing company that supplies hundreds of workers for tech giants based in Dublin, has told 75 staff that Google’s requirement for them to be in offices is the reason it had to refuse their applications to work from home. The Government introduced a new law last year granting workers the right to request remote working from their employers. However, so far, none of the 16 complaints about the application of the law that have been finalised have been determined in favour of employees. More from the Independent:
https://www.independent.ie/irish-news/courts/tech-outsourcing-firm-cognizant-blames-google-after-refusing-75-staff-work-from-home-requests/a1589906257.html
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10. Data Protection #
DPC welcomes publication of the European Data Protection Board’s report on the implementation of the right of access by controllers #
The DPC welcomes the publication of the European Data Protection Board’s (EDPB) report on the implementation of the right of access by controllers. The report highlights actions taken throughout 2024 involving 30 Supervisory Authorities across the EU/EEA, under the Coordinated Enforcement Framework (CEF). The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the CEF, listing some issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. Read more here:
https://www.dataprotection.ie/en/news-media/latest-news/dpc-welcomes-publication-european-data-protection-boards-report-implementation-right-access
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11. Just in Case You Missed It... #
Dismissing employees with criminal convictions #
Practitioners are regularly asked to advise employers in relation to the risks of dismissing an employee when they become aware of an employee's criminal conviction. There can be an assumption that exiting an employee with a criminal offence should be a straightforward matter but this is simply not the case. Read the full article by Sinead Morgan, Legal Director leading DAC Beachcroft Dublin's employment team here:
https://legal-island.ie/employment-law-hub/dismissing-employees-with-criminal-convictions
Bereavement Grief in the Workplace #
Grief is something all employees experience will experience at some time during their career. It is therefore important that we know how to deal with grief in the workplace. As organisations increasingly prioritise mental health and well-being, understanding how to navigate bereavement grief in the workplace is essential. Read Caroline Reidy’s article on the Hub here:
https://legal-island.ie/employment-law-hub/bereavement-grief-in-the-workplace
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12. Employment News in the Media #
A businessman has denied an allegation that he got into a "fit of temper" with an employee and told her "you're fired" after the worker copied the firm's auditor on an email complaining that her pay had come late for the third month in a row.
https://www.rte.ie/news/business/2025/0123/1492448-boss-apoplectic-after-worker-copied-auditor-on-complaint/
Over two thirds of retail workers in Ireland have experienced abusive or inappropriate language or behaviour from the public, according to new research. A fifth of staff surveyed have experienced this behaviour on a weekly basis.
https://www.rte.ie/news/business/2025/0123/1492453-20-of-retail-workers-suffer-abusive-behaviour-every-week/
Attorney General Rossa Fanning SC is seeking to sequester the assets of Enoch Burke, a teacher accused of breaching a court order by attending Wilson’s Hospital School in Co Westmeath. The application concerns €190,000 in fines accumulated since early 2023. The High Court heard arguments on whether the Mr Fanning, acting in the public interest, could initiate the action or if the school itself should pursue enforcement. Mr Burke’s salary, still paid by the State pending an appeal of his dismissal, is one potential source for recovering fines. Irish Legal News has more:
https://www.irishlegal.com/articles/sequestration-of-enoch-burkes-assets-sought-over-court-fines
Kilkenny-based nutrition group Glanbia is planning a restructuring of the administrative functions at its Irish locations in a move that will involve up to 60 redundancies, some of them compulsory. Staff have been informed that a new centralised unit is being established – Glanbia Enterprise Solutions – for the delivery of finance, HR and IT services to the business. Some of this work will be outsourced to third-party providers reports the Irish Times:
https://www.irishtimes.com/business/2025/01/22/glanbia-to-make-up-to-60-roles-redundant-at-its-irish-operations/
Aldi Ireland has announced further pay rises for its more than 4,000 employees, with the minimum hourly rate for staff at stores and warehouses increasing to €15.10 per hour, the retailer announced this week. As part of the company's annual pay and benefits review, it is also enhancing its employee benefits and wellbeing support package with improved neonatal leave of up to 12 weeks to further support colleagues with new families. It will also improve its maternity and paternity leave offers to provide greater flexibility to employees, the company added. The Irish Examiner has more on this story:
https://www.irishexaminer.com/business/companies/arid-41558284.html
A voice note recorded by a worker talking about "cocaine use, smoking joints" and having "h*es" on a subcontractor's site at Intel's Irish semiconductor plant has been produced as a "cover-up" for whistleblower penalisation, a lawyer has said. Aran Burrows, a former general operative with the firm, has alleged in a complaint under the Protected Disclosures Act 2014 that the non-renewal of his contract of employment in February 2024 was an act of whistleblower penalisation reports RTÉ:
https://www.rte.ie/news/business/2025/0122/1492263-voice-note-on-joints-at-intel-site-part-of-cover-up/
Microsoft's LinkedIn has been sued by Premium customers who said the business-focused social media platform disclosed their private messages to third parties without permission to train generative artificial intelligence models. According to a proposed class action filed on Tuesday night on behalf of millions of LinkedIn Premium customers, LinkedIn quietly introduced a privacy setting last August that let users enable or disable the sharing of their personal data. More from Reuters:
https://www.reuters.com/legal/microsofts-linkedin-sued-disclosing-customer-information-train-ai-models-2025-01-22/
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13. Friends of Legal Island #
Labour Court seeks new chairman as Kevin Foley steps down #
Mr Foley, who has held the role since 2016, has played a key role in resolving high-profile disputes, including last year’s Aer Lingus pay row with its pilots. The Department of Enterprise, Trade and Employment has advertised for his successor. Before becoming chairman, Mr Foley served as deputy chairman and previously worked as the director of conciliation, workplace mediations, and early resolution services with the Labour Relations Commission. Irish Legal News has more:
https://www.irishlegal.com/articles/labour-court-seeks-new-chairman-as-kevin-foley-steps-down
CIPD Ireland: Payment and Employment Trends Survey #
CIPD Ireland and Industrial Relations News (IRN) invites HR professionals to participate in the 13th annual survey for private and commercial semi-state organisations. The results will provide valuable pay benchmarking information and insights on key issues like auto-enrolment, gender pay gap reporting and how people policy is progressing:
https://srvy.pro/28B3ZAW/?utm_source=mc&utm_medium=email&utm_content=20250121_CIPDIreland_HR_Update_Newsletter_NWL_REG_EIRE_MIX_MAN_NA.https%3a%2f%2fsrvy.pro%2f28B3ZAW%2f&utm_campaign=7308037&utm_term=2286875
Enjoy the weekend and stay safe.
Legal Island
