Christine, Julie, and Laura - known as the Knowledge Team - bring extensive expertise in employment law, HR, and learning & development. With diverse backgrounds spanning top-tier law firms, in-house roles, and voluntary organisations across the UK and Ireland, they provide informed and strategic support on employment matters.
Our team includes qualified (now non-practising) employment solicitors with experience in both legal and corporate sectors, alongside an experienced HR professional and CIPD Associate Member, ensuring a well-rounded approach to workplace challenges.
☀️🌧️As Ireland braces for another classic "four seasons in a day" kind of weekend, don’t worry—we’ve kept things calm and collected in this week’s employment law updates. No weather warnings here, just the top need-to-knows for HR! 📩
Quick 5: This week’s must-reads for busy HR pros!
- 📊 Hot off the press! WRC has just published its 2024 Annual Report
- 📱 WRC Backs TikTok – Remote work refusal wasn’t unlawful after crash injury.
- 🎂 Retirement Rules Update – What’s new in mandatory retirement age law?
- ⚖️New Labour Court Chair – Minister Burke makes key appointment.
- 🌈 Irish law stands firm: Trans rights remain protected here, despite the recent UK ruling.
And in other news.....are you engaging in lazy behaviour in the workplace - or are you strategically undertaking some justified effort management? Find out more from analysis done by Oxford University 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.**
CONTENTS ⚓︎
1. Case Law Reviews ⚓︎
Aidan Fitzgibbon v Autism Initiatives ADJ-00038263
Summary: A social care worker was unfairly dismissed due to procedural flaws in the disciplinary process, with the WRC awarding €12,500 after finding the investigation lacked fairness and impartiality.
Practical Guidance for Employers:
Employers should:
- Ensure clear and transparent disciplinary processes: Employers must strictly adhere to fair procedures and natural justice principles in disciplinary actions. This includes clearly identifying who makes decisions at each stage, conducting a proper investigation, and ensuring that allegations are fully put to the employee in advance.
- Avoid presumptions of misconduct without evidence: Allegations must be carefully assessed and not automatically escalated to gross misconduct unless clearly supported by evidence and policy. Ambiguous or colloquial language should not be deemed misconduct without contextual consideration. The disciplinary decision should be proportionate, and any reasoning must be clearly documented and justified.
- Address conflicts and bias proactively: Where a complainant or witness has a conflict or grievance with the employee under investigation, potential bias must be addressed transparently. Employers should also ensure appeals are impartial and provide genuine opportunities for employees to challenge decisions and present mitigating factors.
Jojo Thomas v GDC Media Ltd ADJ-00053450
Summary: WRC found an employee was unfairly dismissed due to a flawed redundancy process that lacked meaningful consultation, alternative role consideration, and an appeals mechanism.
Practical Guidance for Employers:
Employers should note:
- Considering redundancies must ensure that the process is both genuine and procedurally fair. It is not enough to demonstrate a business rationale (such as a restructuring or efficiency drive) if the redundancy selection process is flawed. Employers should define clear and objective selection criteria and apply them consistently across the organisation, including across departments where similar roles exist.
- Consultation must be meaningful and genuine. Employers should engage in dialogue with affected employees, invite suggestions or alternatives, and actively explore options such as redeployment, training, or voluntary redundancy schemes. Merely informing employees of a decision already made is insufficient and exposes the employer to liability for unfair dismissal.
- Employers should ensure procedural fairness by documenting all steps taken, allowing employees to respond and appeal decisions, and providing clear communication throughout. These measures not only reduce legal risk but also foster transparency and trust within the organisation.
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 New AI talent strategy is redesigning roles
Along with the importance of global reskilling, new Pearson Research shows age of AI calls for employers to focus on creative strategies to close talent gaps in their workforce. More here from Pearson:
https://plc.pearson.com/en-GB/news-and-insights/news/new-pearson-research-new-ai-talent-strategy-redesigning-roles
Get the Most out of Copilot: A Practical Guide for HR
AI is transforming the future of work — and HR is at the heart of this change.
Learn how to harness Microsoft Copilot to streamline HR tasks, boost productivity, and maintain the highest standards of confidentiality. Designed specifically for HR professionals, this course provides hands-on guidance on using Copilot safely and effectively. Our trainer will offer expert tips and proven shortcuts that will immediately enhance your use of Copilot. Book your place here:
https://legal-island.ie/events/get-the-most-out-of-copilot-for-hr-roi
What is behind the recent scramble to hire chief AI officers?
According to a recent survey, nearly half of FTSE 100 companies have appointed a dedicated leader of AI. It would take a pretty strong commitment, maybe even living in a Wi-Fi-less bunker, not to notice the impact of AI on the way we live and work. Truly, we are all affected by innovations in this space, be it via new ways to engage with technology, social media, healthcare or our jobs, to name a few. London-headquartered executive talent provider Pltfrm has just released its ‘All In: The Corporate AI Leadership Race’ report, which highlighted the struggle to quickly deploy CAIOs, as AI stops being a “tech problem” and evolves into a “bet-the-company priority”. Silicon Republic has more:
https://www.siliconrepublic.com/careers/scramble-hire-chief-ai-officers-skills-productivity-growth
"That Shopify AI Memo – why all the fuss?"
In this episode, Barry Phillips unpacks Shopify’s internal AI memo that’s caused quite a stir. What does it reveal about the future of AI at work—and what should HR and legal professionals take from it? A sharp look at policy, ethics, and employee relations in the age of AI.
3. WRC Annual Report 2024 ⚓︎
Workplace Relations Commission publishes 2024 Annual Report
The Workplace Relations Commission (WRC) published its Annual Report for 2024. In welcoming the Report, Mr. Peter Burke T.D., Minister for Enterprise, Tourism and Employment said:
“The Annual Report for 2024 highlights the WRC’s strong delivery across all services provided to the public including inspection, the provision of information, conciliation, adjudication, mediation and other advisory services. In the Programme for Government, there is a firm commitment to support the central role played by the Workplace Relations Commission and the Labour Court in industrial relations and employment matters.”
The Workplace Relations Commission Annual Report 2024 is available at the following link on the WRC website:
https://lnkd.in/esYTnvnE
More analysis on the report here.....
WRC helped recover €2m in unpaid wages last year
The WRC carried out 5,156 inspections in 2024 with €2.15m recovered in unpaid wages. The WRC's annual report for last year shows that successful prosecutions were up 27% on 2023. There was a decrease of 4% in the volume of telephone calls dealt with, while website pageviews also decreased by over 7%. The WRC saw an increase of 6% in adjudication hearings offered in 2024 compared to 2023. The commission's conciliation service was involved in the resolution/prevention of a number of high-profile disputes and its success rates remain above 85%. RTÉ has more detail:
https://www.rte.ie/news/business/2025/0424/1509299-wrcs-annual-report/
4. Economic Outlook & Labour Market ⚓︎
Sectors with ongoing talent shortage showing signs of stability
Despite an uncertain future, new data from career guidance and hiring platform Matrix Recruitment, via the Matrix Recruitment Workforce Trends Report, has shown that hiring activity in Ireland remains resilient. In fact, job postings via its own platform have risen by more than 15pc. According to Matrix Recruitment, this growth is most evident in sectors experiencing a talent shortage, for example manufacturing, engineering and the financial services. Additionally, a change in employer expectations, amid new and evolving objectives has resulted in a demand for uniquely skilled team members. You can read more from Silicon Republic:
https://www.siliconrepublic.com/careers/sectors-ongoing-talent-shortage-signs-stability-skills
Weeks before extent of Intel’s job cuts known, Minister for Enterprise says
It is likely to be “several weeks” before detail is available on possible job losses and the impact of Intel’s cost reduction measures, Minister for Enterprise and Employment Peter Burke has said. Intel gave a weak forecast for the current period on Thursday and said it is cutting workers to bring costs in line with the business’s smaller size. Second-quarter revenue will be between $11.2 billion and $12.4 billion, the company said. That compares with an average of analysts’ estimates of $12.9 billion. The results come a day after it emerged the company was set to announce plans to cut more than 20 per cent of its workforce, prompting concern at its plant in Leixlip, Co Kildare where almost 5,000 people are employed. More on this story in the Irish Times:
https://www.irishtimes.com/business/2025/04/25/weeks-before-extent-of-intels-job-cuts-known-minister-for-enterprise-says/
How likely is it that Intel's Irish staff will be affected by its global downsizing?
THE MINISTER FOR Employment has said that Leixlip Intel staff and their families are “extremely concerned” amid global workforce cuts at the company and uncertainty about how its Irish operations might be affected. The tech company has confirmed that it intends to downsize its worker base but has not yet provided details about whether its Leixlip campus will be hit. In a statement this morning, Minister Peter Burke said he is engaging with Intel at what is a “difficult time for staff in the midst of continued uncertainty”. He said it is likely to be several weeks before detail is available on the impact of Intel’s planned cost reduction measures. Read full story at thejournal.ie:
https://www.thejournal.ie/intel-to-begin-layoffs-after-disappointing-q1-results-6686880-Apr2025/
Recent trends in migration flows impacting the Irish labour market
With the Irish labour market effectively at full employment conditions, this paper addresses recent trends in migration flows using a wide variety of data sources and visualisation tools. Over the past 5-years, there has been a very strong and positive contribution to labour supply from migration. In 2024, Ireland had inward migration of 149,200 persons with outward flows of 69,900 persons resulting in net inward migration of 79,300. This uptick in immigration has also become the main driver of labour force growth. Breaking the data down further, we can see a strong contribution from Ukrainian inflows but also flows from the rest of the world, particularly India. More from gov.ie:
https://enterprise.gov.ie/en/publications/recent-trends-in-migration-flows-impacting-the-irish-labour-market.html
5. Remote Working ⚓︎
WRC rules TikTok not unlawful in refusing remote work for employee injured in car crash
Tiktok’s refusal to allow an employee seriously injured in a car crash to work full time from home did not breach employment legislation, the Workplace Relations Commission (WRC) has ruled. WRC adjudicator Michael McEntee deemed the remote working complaint by TikTok operations specialist Zaurbek Musaev against the social media giant as “not properly founded”. More here from the Journal:
https://www.thejournal.ie/wrc-tiktok-remote-work-refused-6684395-Apr2025/
Freshfields: Tip of the week – "Toothless" legislation aside, beware of other potential risks with refusing an employee's request for a remote working arrangement.
The Work Life Balance and Miscellaneous Provisions Act 2023 (the "2023 Act") has been gaining a reputation in the media in recent months for being a relatively "toothless" piece of legislation. This is in circumstances where none of the claims to the WRC under the 2023 Act by employees who have had their remote working requests refused have resulted in adverse findings against their employer. Freshfields discuss this more here:
https://www.fieldfisher.com/en-ie/locations/ireland/ireland-blog/employment-law-tip-of-the-week---toothless-legisla
6. Mandatory Retirement Age ⚓︎
Recent developments in mandatory retirement ages
This month, the Employment (Contractual Retirement Ages) Bill 2025 was published. It proposes to impose additional requirements on employers where mandatory retirement below state pension age (currently 66) is sought to be enforced on employees. There have also been many successful claims of age discrimination in recent months, and in some cases, these have resulted in orders of reengagement. This briefing considers the steps employers should take now in light of these proposals, and the scrutiny to which any such mandatory retirement ages should be subjected. McCann Fitzgerald have more on this:
https://www.mccannfitzgerald.com/knowledge/employment/recent-developments-in-mandatory-retirement-ages
7. Pensions ⚓︎
Pensions Update: Spring 2025
This Spring update from Arthur Cox’s Pensions Group covers topical issues in pensions law including the latest news on DORA transposition and automatic enrolment, legislative updates, Pensions Authority updates, and a summary of interesting recent ESG developments. Read the full article here:
https://www.arthurcox.com/knowledge/pensions-update-spring-2025/
Pension auto-enrolment could be delayed for 2 years
A pension expert has predicted the beginning of auto-enrolment could be delayed until 2027. The Auto-Enrolment Retirement Savings Scheme means employers and their staff will pay into a pension fund for an individual when they retire. The scheme is designed to boost the standard of living of future generations of pensions and is based on similar models in other western countries. Newstalk has more:
https://www.newstalk.com/news/pension-auto-enrolment-could-be-delayed-by-two-years-industry-insider-2155842
8. Trans Rights & The Workplace ⚓︎
Irish law will protect trans people in wake of UK ruling
A statement from equality minister Norma Foley’s department to the Sunday Independent detailed the protections for transgender people. “Irish law prohibits discrimination on specific grounds under the Employment Equality Acts and the Equal Status Acts [the Equality Acts],” the spokesman said. “The Equality Acts give effect to EU legislation on equality and it has been established under EU law that a transgender person who experiences discrimination arising from their gender reassignment, or transition, is protected under the gender ground. “It is important to note that the UK’s Equal Status Act is not equivalent to the Irish Equality Acts, with separate grounds of discrimination and different wording in both pieces of legislation.” Professor O’Shea, however, thinks the Irish courts would follow the UK and make a similar “black and white ruling”. Read more from Irish Legal News:
https://www.irishlegal.com/articles/irish-law-will-protect-trans-people-in-wake-of-uk-ruling?utm_source=newsletter&utm_medium=email&utm_campaign=daily_newsletter&utm_content=headline_link
9. Absence ⚓︎
Employee absence rate expected to rise to 8.5%
Employee absence has become a key indicator of organisational health, HR and employment law services provider Adare has found in its latest HR barometer report. The anticipated absence rate for 2025 is expected to rise to an average of 8.5%, which could have significant implications for productivity and operational costs. Furthermore, while 79% of organisations have an Employee Assistance Programme as part of health & wellbeing initiatives, only 8% are currently measuring performance as a direct output of wellbeing initiatives, revealing a disconnect between intention and measurable impact. Business Plus has more on this story:
https://businessplus.ie/jobs/employee-absence-8-5pc/
Alarm over 64pc surge in teachers on sick leave as a result of assaults in schools
Ireland has seen a 64pc increase in the number of teachers taking sick leave as a result of assaults in the workplace. The stark revelation came as Association of Secondary Teachers in Ireland (ASTI) members overwhelmingly voted to conduct a detailed national survey to clarify the full extent of physical aggression in Irish schools - and the need for enhanced sick/assault leave, financial support programmes and counselling for teachers and special needs assistants (SNAs) impacted, reports the Irish Independent:
https://www.independent.ie/irish-news/alarm-over-64pc-surge-in-teachers-on-sick-leave-as-a-result-of-assaults-in-schools/a121033788.html
Statutory Sick Leave in Ireland: An assessment of the impact of public policy changes post-pandemic
This study seeks to assess the impact and ongoing effectiveness of the Sick Leave Act 2022 since its introduction on 1 January 2023. The Sick Leave Act 2022 came into force on 1 January 2023, introducing a statutory entitlement to employer-funded sick pay for the first time in Ireland. During the COVID-19 pandemic, it became clear that many workers, particularly those in low paid, precarious roles – including frontline staff offering essential service provision – could not afford to miss a day of work, even when unwell. Read an overview of the study here:
https://enterprise.gov.ie/en/publications/statutory-sick-leave-in-ireland-assessment.html
A copy of the full study is here:
https://enterprise.gov.ie/en/publications/publication-files/statutory-sick-leave-in-ireland-assessment.pdf
10. Data Protection ⚓︎
Whose data is it anyway? Irish courts decide whether personal data held on a work phone belongs to you or your employer
If you've ever used your work phone to check your personal email, send a message to friends or family or look up something unrelated to your job, you're not alone. But what happens when that device becomes part of an internal dispute at work? Who actually owns the data on a work phone – the employee or the employer? The recent Irish case of McShane v Data Protection Commission and Health Service Executive [2025] IEHC 191 offers an answer: it is typically the employer. Lewis Silkin has more:
https://www.lewissilkin.com/insights/2025/04/23/whose-data-is-it-anyway-irish-courts-decide-whether-personal-data-held-on-a-work-102k94n
🔍 Feeling a little rusty on data protection and employment law? Get up to speed with the experts from A&L Goodbody LLP at Legal Island’s Data Protection Update in Ireland on 28th May 2025. Don’t miss key insights. Find out more HERE
11. Just in Case You Missed It...
How to: Prevent Problems with Philosophical Beliefs and Conscientious Objections at Work
Enoch Burke’s ongoing disagreement with Wilson’s Hospital School has provoked much by way of media attention, public discourse and third-party proceedings. However, it is noteworthy that the issue of philosophical beliefs and conscientious objections at work has a long history. And – like Mr. Burke - there is no prospect that it will be going away any time soon. Dr Gerry McMahon has more on this topic here:
https://legal-island.ie/employment-law-hub/how-to-prevent-problems-with-philosophical-beliefs-and-conscientious-objections-at-work
Top Employment Law Cases
Duncan Inverarity, Partner, A&L Goodbody has summarised the top employment law cases of 2023 & 2024 that you need to know. Check out this week's two important cases from the last 2 years:
QQ v Board of Management of a School [2023]
A teacher faced a disciplinary process over allegations that she had used her position to gain an unfair advantage for her son who was a Leaving Certificate student at the school she worked in.
Read the full review here.
Buttimer v Oak Fuel Supermarket Limited T/A CostCutter Rathcormac [2023]
Probationary employee granted injunction where dismissal appeared linked to misconduct allegations, requiring adherence to fair procedures despite probation.
12. HR Developments ⚓︎
2025 Employee Communications Report: Top 3 Reasons for Internal Communications
Evolving workforce expectations, economic uncertainty, and the growing presence of AI are all shifting how organisations communicate and lead - so how can HR stay connected to what employees need while staying one step ahead of what’s coming next? Gallagher’s 2025 Employee Communications Report brings together findings from its global State of the Sector 2024/25 survey. Interestingly, the top three reasons for internal communications in organisations were:
1. Strategic alignment (creating clarity around company purpose and vision)
2. Culture & belonging (fostering an inclusive workplace where employees feel valued)
3. Organisational agility (supporting adoption of new behaviour)
More from Personnel Today:
https://www.personneltoday.com/hr/2025-employee-communications-report/
You can download a copy of the report here:
https://www.ajg.com/employeeexperience/state-of-the-sector/?utm
Why being 'lazy' at work may be a good thing
From RTÉ Radio 1's Drivetime, Prof Katrien Devolder on how Gen Z are not lazy but rather masters of 'justified effort management' Particularly in the era of working from home, it can be hard to shake the feeling of guilt when not being "productive". Articles with titles like Am I Depressed or Lazy? reveal how commonly people (even highly successful ones) worry about being lazy. Laziness is not only seen as a personal shortcoming but also a moral one. This is the case across different cultures – references to the "badness" of laziness can be found in texts of all major religions. This moral dimension explains why being called "lazy" feels so much worse than being called "distracted" or "slow" — it implies a character flaw. Read the full analysis here:
https://theconversation.com/why-being-lazy-at-work-might-actually-be-a-good-thing-248955 and on RTE's website here:
https://www.rte.ie/brainstorm/2025/0410/1506836-laziness-workplace-generation-z-justified-effort-management/
The 6 leadership traits driving employee turnover
Recent research from Robert Walters reveals 63% of professionals have left jobs primarily because they didn’t connect with their leadership team. The report identifies specific leadership behaviours that drive employees away with the top ones being lack of transparency and inconsistency. More on this from Think Business:
https://www.thinkbusiness.ie/articles/human-centric-leadership-employee-retention-business-success/
13. Employment News in the Media ⚓︎
A football club executive who ended up working shifts in a factory after being "very publicly" dismissed last year has won nearly €17,000 in compensation. Martin Connolly told the Workplace Relations Commission (WRC) earlier this year that he had his last day at work at Dundalk Town FC on 26 February 2024, when its then-owner Brian Ainscough told him: "Do what you have to do and leave. I will honour what is in your contract." RTÉ has the full story:
https://www.rte.ie/news/business/2025/0417/1508233-ex-dundalk-fc-exec-wins-16-000-for-unfair-dismissal/
RTÉ reports that employees who will have completed at least two years of continuous service on the date they would leave the organisation under the Voluntary Exit Programme are eligible to apply, with payments capped at €300,000. Staff with between two and five years of service will receive four weeks of pay per year of service. Those with five to ten years of service will receive five weeks of pay per year, and employees working with RTÉ for more than ten years will get six weeks' pay for every year of service. More here:
https://www.rte.ie/news/business/2025/0423/1509112-rte-opens-voluntary-exit-programme-with-cap-of-300-000/
Special Needs Assistants who lose their jobs due to falling enrolment or reduced care needs will soon be able to be redeployed to a school which has a vacant post. The SNA Redeployment scheme will allow SNAs in posts which may no longer be required for reasons such as falling enrolments, reduced care needs or changing demographics to be redeployed to a school which has a vacant post. The Journal has more on this:
https://www.thejournal.ie/snas-who-lose-positions-in-a-school-to-benefit-from-redeployment-scheme-6685558-Apr2025/?utm_source=thejournal&utm_content=top-stories
14. Friends of Legal Island
Minister Burke appoints new Chair of the Labour Court
Following a Public Appointments Service open competition, the Minister has appointed Ms Louise O’Donnell as the new Chair of the Labour Court. Ms O’Donnell is a qualified barrister and is a vastly experienced senior IR practitioner. Ms O’Donnell has previously sat as a Deputy Chair in the Labour Court and has extensive knowledge and experience in dealing with Industrial Relations, Employment Law, third party processes and has a wealth of experience in the resolution of significant industrial relations disputes. Best wishes, Louise from Legal Island. You can read the full statement here:
https://enterprise.gov.ie/en/news-and-events/department-news/2025/april/minister-burke-appoints-new-chair-of-the-labour-court.html
Prof Martina Lawless appointed next ESRI director
Prof. Martina Lawless has been appointed as the next director of the Economic and Social Research Institute (ESRI). Prior to joining the ESRI, she worked as a research economist in the Central Bank of Ireland for a decade. Congratulations Martina! You can read the full story here:
https://businessplus.ie/appointed/prof-martina-lawless-esri-director/
Elizabeth Sheehan new Country Executive of 30% Club Ireland
The 30% Club has appointed Elizabeth Sheehan as the new Country Executive for Ireland. The 30% Club is a global campaign that aims to achieve a minimum of 30% female representation at the board and executive levels of companies. As the new Country Executive for 30% Club, Elizabeth's main focus will remain on ensuring that diversity, equity and inclusion (DE&I) and sustainability are integral to business strategies. Congratulations, Elizabeth, from Legal Island. More here from RTÉ:
https://www.rte.ie/news/business/2025/0422/1508831-elizabeth-sheehan-new-country-executive-of-30-club/
Enjoy the weekend!
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