5 Must-Reads This Week:

1. UCD hybrid work dispute heads to Workplace Relations Commission 🏛️
2. Worker claims he was fired days after marrying the boss’s daughter 💍
3. One in five staff feed sensitive data into unsecured AI tools 🤖
4. The two words that can help you push back at work 💬
5. Case Law Review: Fernando Oliveira v Ryanair Dac 📊

And in other news....Our biggest event of the year - Legal Island’s Annual Review of Employment Law is just around the corner! Join us on 27 November at the Aviva Stadium (or online if you’d rather tune in from the comfort of your desk) for the essential employment law update every HR professional looks forward to.

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1. Case Law Reviews
2. Annual Review Session of the Week - Regulating AI in the Irish Workplace – Key Strategies for HR Leaders
3. AI and Employment Law
4. Hybrid Working
5. Nearly 1 in 4 employers expect to increase hiring in 2026 - survey
6. Majority of companies not planning to increase in-office days - survey
7. Just In Case You Missed It....
8. HR Developments
9. Employment News in the Media
10. Health and Safety Developments
11. Free Webinars This Month 

Fernando Oliveira v Ryanair Dac ADJ-00055225

Summary: The WRC dismissed the employee’s complaint, finding no evidence of discrimination, harassment or victimisation, and noting that his AI-generated submissions contained inaccurate and irrelevant material.

Practical Guidance for Employers: 

Employers should:

• Ensure disciplinary processes are robust and documented. Provide the allegations, disclose evidence, allow representation, and record reasoning at each stage. Where sanctions are imposed, explain the proportionality and alternatives considered. 
   
  
• Train managers on the s.85A burden and the need for contemporaneous notes. Require complainants to particularise allegations and identify comparators where relevant. Separate interpersonal disputes from protected-ground issues. 
   
  
• Control litigation risk by insisting that submissions be accurate and relevant. Where harassment is alleged, act swiftly, preserve evidence, and communicate outcomes sensitively.
  

Read the full Review here: Fernando Oliveira v Ryanair Dac [2025]

Premyslaw Osztap v Nvd Trading Limited ADJ-00034715

Summary: WRC held employee’s dismissal was unfair, finding the purported redundancy was not genuine but arose from his refusal to accept new contractual terms, as the work continued and his role effectively remained unchanged.

Practical Guidance for Employers: 

Employers should:

• Separate business change from contractual change. A redundancy must be impersonal and tied to reduced requirements for work of a particular kind. If the work continues at similar levels, do not badge refusal to accept new terms as “redundancy”. Instead, use a clear change-management process with consultation, objective rationale, and documented alternatives.
   
  
• If an employee refuses new terms, avoid ultimatums. Consider agreed variations, buy-outs, or redeployment. Where conduct or capability becomes the true issue, follow a fair disciplinary or capability process with full procedural safeguards, not a redundancy route. Ensure decision-makers are independent, reasons are recorded, and appeals are meaningful.
   
  
• For litigation risk, preserve a complete paper trail. When offering “suitable alternative employment”, specify unchanged pay, duties, location, and hours. Also, address perceived detriments in writing. Consistency across the workforce and timely engagement are your best defences.
  

Read the full Review here: Premyslaw Osztap v Nvd Trading Limited [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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It’s almost here! Legal Island’s Annual Review of Employment Law, our flagship event of the year takes place on 27th November, live at the Aviva Stadium (and online for those who prefer to tune in from afar).

This is the go-to event for HR professionals who want to stay ahead of the curve, get practical insights from leading experts, and connect with peers who are shaping the future of work.

Each week between now and the big day, we’ll shine a spotlight on the must-see sessions in this year’s packed programme.

Don’t miss out.  Check out the full line-up and secure your spot today. More details here.

Here is our session of the week: 

Regulating AI in the Irish Workplace – Key Strategies for HR Leaders

The EU AI Act is now in force and will significantly impact how Irish employers use AI in recruitment, performance management, and workplace monitoring. HR leaders must understand the Act’s risk categories, adapt governance processes, and prepare for phased enforcement dates already set at EU level.

Join Linda Hynes, Partner at Lewis Silkin, for practical guidance on compliance timelines, banned AI uses, high-risk systems, and upcoming enforcement. Equip your HR team to navigate the new era of AI regulation with confidence.

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One in five employees inputs sensitive data into non-secure AI, says report

A report published on Tuesday (21 October) by global professional services company Accenture has highlighted the impact of sub-standard cybersecurity training and practices in today’s vulnerable landscape.  During the month of August, Accenture, in partnership with 3Gem, collected data from 1,000 Irish office workers aged 18 and over. What was discovered is that 19pc – nearly one out of every five – of contributing professionals admitted to inputting sensitive business data such as customer details and financial information into free, unsecured artificial intelligence (AI) tools. More here.

OpenAI Launches Its Own Web Browser—ChatGPT Atlas—As Alphabet Shares Fall

OpenAI announced ChatGPT Atlas in a livestream Tuesday, its own web browser, setting Alphabet shares back more than 2% Tuesday over concerns it could become a rival to Google Chrome. Read here.

Microsoft reveals jobs most vulnerable to AI

Staff in research-intensive roles, financial advisers, translators and sales representatives will be among the first victims of the rise of machine learning and workplace automation, new research by Microsoft suggests. The study, which analysed 200,000 conversations between users of its Copilot’s chatbot to find out what they used the tool for, indicated that the occupations most immune to AI included nurses, ship engineers, plasterers and highway maintenance workers. More from Personnel Today. 

Law firm that cited fake AI-generated cases to pay wasted costs

A law firm has been ordered to pay wasted costs after it cited two fictitious cases that were generated by artificial intelligence (AI). According to barrister Alexander Bradford, the firm blamed a member of its administrative team. More on this from Legal Futures.

7 Reasons Your Talent Acquisition Budget Needs AI Screening Now

AI screening is now an operating model necessity. It immediately solves the biggest bottleneck in recruiting – manual screening -by cutting time-to-hire and boosting quality through precision skills-matching. HRD Connect has more here.

AI for HR Weekly Podcast – with Barry Phillips

This week's episode: No such thing as the perfect prompt? Maybe it’s time to rethink this?

This week Barry Phillips asks himself whether it is time to go back on his earlier advice that there’s no such thing as the perfect prompt for an LLM.

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

Listen on all major platforms: 🎧 Spotify🎧 Amazon Music 🎧 Apple Podcasts

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

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UCD dispute over new hybrid-working policy referred to Workplace Relations Commission

UCD staff claim they are being “shoehorned” back to the office following a revamp of the college’s hybrid-working policy. A survey of a cross-section of employees found that just over 63pc felt that a requirement to work in the office three days a week would have a negative effect. More from the Irish Independent.

Meanwhile…

Bank of Ireland adds hybrid working hubs in Letterkenny, Tralee, Tullamore and Wexford

Bank of Ireland is expanding its network of hybrid working hubs, with four new locations to be opened in Letterkenny, Tralee, Tullamore and Wexford. Along with a new hub opening next month in Sligo, these additions will bring the bank's total number of hubs to 20 in total reports RTÉ.

Hybrid giving you a headache? Join Caroline Reidy as she tackles this precise topic at Legal Island's Annual Review of Employment Law on 27th November. You can come along to Aviva Stadium, Dublin, or login from the comfort of your own office or home as it's a hybrid event! More details HERE. 

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Almost one in four employers expect to increase hiring in 2026 according to research from hiring platform IrishJobs. Its Hiring Trends Update shows that large enterprises have the most positive outlook on future hiring, with 27% of these firms expected to increase recruitment over the coming months. More.

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Almost two-thirds of HR professionals say their companies are not actively considering increasing onsite attendance in 2026, according to a new survey from business group Ibec. The HR Update Report shows that the hybrid model of three days on-site remains the dominant working arrangement, favoured by 31% of respondents. Catch up.

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The Importance of Emotional Intelligence in the Workplace

In today’s workplace, technical skills alone are no longer enough to drive sustainable success. Emotional Intelligence (EI), the ability to understand and manage emotions, both one's own and others’, has emerged as a crucial leadership competency. For business leaders and senior executives, fostering an emotionally intelligent workplace can lead to improved collaboration, innovation, and overall organisational resilience.  Ryan Calvert, Head of HR, Sales, Marketing and Legal Recruitment at MCS Group, shares his insights here.

Reintegration After Maternity Leave: What can employers do to help?

For many women, maternity leave is one of the most transformative and sometimes, exhausting chapters of their lives. When the time comes to return to work, that transition can be challenging and the employee may not always receive support and inclusion. Read more from Caroline Reidy, Managing Director at HR Suite.

‘How to’ go from ‘Custom and Practice’ to ‘Contract Variation’

The recent bizarre treatment of the Labour Court’s  Deputy Chairman, Mr. Alan Haugh by the Department of Expenditure and Reform, when  refusing to renew his warrant, brought the subject of custom and practice to the fore again. As one independent source observed, there is neither a  policy nor custom and practice of limiting Chairmen or Deputy Chairmen at the Labour Court  to two terms. More here.

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Gartner: 2026 CHRO Top Trends and Priorities

Gartner surveyed hundreds of CHROs across all major industries to uncover the latest HR trends. The findings focus on 4 main areas:

1.  Harness AI to revolutionize HR
2. Shape work in the human-machine era.
3. Mobilize leaders for growth in an uncertain world.
4. Address culture atrophy to power performance.

You can download the report here.

The two words you need to help you push back at work

Saying "no" to your boss can feel daunting - we all want to impress, not disappoint. But unchecked ambition can blur work-life boundaries, invading weekends and family time. Experts say setting clear limits is key, and career coach Helen Tupper recommends using subtle language shifts to help reinforce them in this article from the BBC. 

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The Irish Times reports a serving garda has lost out in his claim for loss of allowances and overtime estimated at €82,571 while he was suspended from the force for more than two years. This follows the Labour Court dismissing the Garda’s claim for loss of allowance and overtime after its deputy chairperson Katie Connolly stated the court was of the view that the policy in relation to payment to gardaí when on suspension was applied correctly in this case. Read more here.

A worker who said he was fired days after marrying his boss’s daughter – and was stabbed when he turned up to get his car – has won over €30,000 for unfair dismissal. The WRC made the award in a wholly-anonymised decision on foot of a complaint under the Unfair Dismissals Act 1977. An adjudicator noted the assaults were still under investigation by An Garda Síochána and that publishing the parties’ details might identify an asylum seeker. The Irish Times has more on this story. 

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Health and Safety Authority announces appointment of Mark Cullen as new CEO

The Health and Safety Authority (HSA) on Tuesday 21st October announced the appointment of Mark Cullen as its new Chief Executive Officer (CEO). Mr. Cullen, who has been serving as Interim CEO since earlier this year, is formally assuming the role following his appointment by the Board of the HSA after an open and competitive recruitment process.

Over the course of his 25 year career with the HSA, Mr. Cullen has held a wide range of leadership and operational roles, developing a deep knowledge of workplace health and safety issues as well as the Authority’s wider regulatory responsibilities in chemicals, product safety and national accreditation. A qualified civil engineer, Mr. Cullen previously worked in the private sector as an engineer in the UK construction industry. Read more. 

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FREE Webinar: When Life Happens: Making Sense of Family Leave in the Irish Workplace

📅 Thursday 6th November 2025

🕒 11am to 11.45am

📍 Live online | Free to attend 

REGISTER HERE.

Winter is coming and so are the coughs, colds and caring emergencies. As HR professionals know all too well, this is the season when requests for time off multiply: “My child’s sick again”, “Mum’s had a fall”, “I need time for a doctor’s appointment”.

But which type of leave actually applies? Force majeure? Compassionate? Parental? Carer’s? It can feel like an alphabet soup of entitlements and one wrong move can leave an employer exposed.

Join Aoife Gallagher-Watson, Director, Employment Law, EY Law Ireland and Laura McKee, Knowledge Partner, Legal Island for a lively, plain-speaking session that cuts through the confusion. Together they’ll help you:

• Decode the differences between force majeure, compassionate and carer’s leave
  
• Clarify employee rights on parental, parent’s, maternity, paternity and antenatal leave
  
• Handle those tricky “life happens” conversations with confidence and fairness

Expect practical examples, expert insights, and a few light-bulb moments along the way.

We’ll wrap up with time for your toughest questions or you can send them in anonymously in advance if you prefer to gosia@legal-island.com

It’s 45 minutes that could save you hours of head-scratching this winter.

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

Enjoy your long weekend!

Legal Island

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