It looks like Spring has finally sprung! 🌸☀️ Just like the Irish weather, HR challenges can be unpredictable—but don’t worry, we’ve got you covered (umbrella not included! ☔)
Your weekly top 5 reads are here—short, sharp, and packed with the need-to-know!⚡
1. 📢 Blog: Horizon Scanning – 3 big employment law changes HR needs to watch in 2025.
2. 📊 Hybrid Hacks: CIPD’s flowchart to assess roles for hybrid working.
3. 🤖 AI Alert: Ireland’s AI Advisory Council drops game-changing recommendations!
4. 😵 HR Overload: Change fatigue is dragging leaders down—sound familiar?
5. ⚖️ X Corp Drama: Elon Musk’s Irish arm fights back against that €550K payout!
In other news…Are you struggling with issues such as remote & flexible working requests? Absence management? If so, come to our event in partnership with Eversheds Sutherland: Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges on 27th March where you will get the legal solutions to your HR problems! Read the full programme 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 ⚓︎
Megan Kenny v Simon Community (Midlands) CLG ADJ-00049654
Complainant: Megan Kenny
Respondent: Simon Community (Midlands) CLG
Summary: WRC awarded employee €10,000 as compensation for breaches of annual leave and the Organisation of Working Time Act 1997 (OWTA)
Practical Guidance for Employers:
Employers should:
- Actively encourage employees to take their annual leave and clearly inform them that failure to do so may result in its loss. This should be documented to avoid liability for unpaid leave upon termination.
- Ensure employees do not exceed the 48-hour weekly limit under the OWTA unless an exception set out under the Act applies. Paying employees for excess hours does not justify breaching statutory limits
- Ensure employment contracts and handbooks explicitly state leave policies and working hour restrictions. Managers should be trained to enforce these policies consistently and ensure employees are properly advised of their rights.
Read the full Review here:
https://legal-island.ie/employment-law-hub/megan-kenny-v-simon-community-midlands-clg
Gerard Carey v DAA Plc Dublin Airport Authority
Complainant: Gerard Carey
Respondent: DAA Plc Dublin Airport Authority Plc
Summary: WRC held employer followed a full and fair disciplinary and appeal process following dismissal of employee for theft.
Practical Guidance for Employers:
Employers should:
- Employers must follow established disciplinary procedures, as outlined in SI 146 of 2000, ensuring procedural fairness. This includes conducting a comprehensive investigation, allowing the employee to respond, and providing a clear rationale for dismissal. Proper documentation of each step is essential.
- While breaches of trust, especially in safety-sensitive roles, may justify dismissal, employers should assess whether lesser sanctions, such as demotion or reassignment, are feasible. The principle of proportionality, as highlighted in Frizelle v New Ross Credit Union Ltd [1997] IEHC 137, should always be considered.
- Appeal decisions should be made by an independent senior manager who reviews the case afresh. The decision-maker must not merely “rubber-stamp” prior conclusions but rather provide a genuine reconsideration of all factors, including mitigating circumstances such as medical evidence.
Read the full Review here:
https://legal-island.ie/employment-law-hub/gerard-carey-v-daa-plc-dublin-airport-authority-plc
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 ⚓︎
Ireland’s AI Advisory Council publishes landmark recommendations
The independent AI Advisory Council has published a new report containing strategic policy recommendations for AI adoption in Ireland. Established by the Irish government just over a year ago, the independent body’s new report outlines key opportunities and strategic policy recommendations aimed at accelerating AI adoption in Ireland while safeguarding the nation’s economy, competitiveness, workforce and society. Irish Legal News has more on this:
https://www.irishlegal.com/articles/irelands-ai-advisory-council-publishes-landmark-recommendations
Key considerations for employers as deployers vs. providers under the EU AI Act
The EU AI Act introduces a new regulatory framework that distinguishes between, among others, deployers and providers. Employers will typically assume the role of deployers when using AI systems to manage their workforce. However, they may also act as providers if they create or significantly modify the AI systems they use in the workplace. This dual role presents distinct challenges and obligations under the EU AI Act. The team at Freshfields explores the key differences and outlines the specific obligations that each role entails for employers:
https://technologyquotient.freshfields.com/post/102k1kz/eu-ai-act-unpacked-22-key-considerations-for-employers-as-deployers-vs-provide
AI Literacy Compliance: Early Adopters Leading the Way
They say that every good article starts with a strong opening so here’s mine: some employers are already compliant with the duty provided by the EU AI Act to ensure AI Literacy at work. Read more from Barry Philips, Chairman, Legal Island:
https://legal-island.ie/employment-law-hub/ai-literacy-compliance-early-adopters-leading-the-way
Catch up on Barry’s podcast on this topic here:
https://legal-island.ie/employment-law-hub/the-dark-side-of-genai-use-in-the-workplace
‘A’ is for AI in HR: Friend or Foe?
AI is transforming industries worldwide, and HR is no exception. From streamlining recruitment to enhancing employee engagement, AI offers numerous benefits. However, it also raises concerns about bias, job displacement, and ethical considerations. In Northern Ireland, where employment law and data protection regulations must be carefully navigated, AI presents both opportunities and challenges for HR professionals and employers. This article explores AI’s impact on HR in Ireland and considers its future implications in the workplace. Welcome to HR A to Z, a series crafted by AAB People to decode the latest trends shaping the world of work:
https://legal-island.ie/employment-law-hub/a-is-for-ai-in-hr-friend-or-foe
3. Remote Hybrid & Flexible Working ⚓︎
CIPD: Assessing roles for hybrid working flowchart
This handy flowchart has been provided by the CIPD to work through assessing roles for hybrid and other flexible working opportunities:
https://www.cipd.org/en/knowledge/tools/assessing-roles-hybrid-working-flowchart/
Companies urged to offer caregiving support to workers
Having flexible, care-supportive policies for staff leads to measurable financial gains such as higher retention, increased productivity, and reduced absenteeism, according to a new report. The research by the 30% Club Ireland, supported by Accenture, highlights the economic and workforce benefits of integrating childcare, eldercare, and self-care into corporate policies. The group is calling on business leaders to prioritise "Care Economics" for men and women in the workplace RTÉ reports:
https://www.rte.ie/news/business/2025/0227/1499189-30-club-ireland-research/
ECB extends hybrid policy that allows staff to work anywhere in the EU for 90 days a year after rave reviews
The European Central Bank is extending a hybrid work policy that allows staff to work remotely for about half the year as the world’s second-largest central bank moves to retain talent in the competitive banking sector. Based in Frankfurt, the central bank will prolong by two years a “teleworking” policy that lets staff work remotely for up to 110 days per year, with up to 90 days anywhere in the EU and a further 20 days outside the EU. Staff are allowed to work outside the office up to 10 days a month or up to 10 days in a row, while a special dispensation allows them to work remotely 20 days in a row in the summer. The central bank says 95% of staff took the option to work remotely at least some of last year, with the average employee taking 57 days of remote work. More from Fortune:
https://fortune.com/europe/2025/02/19/ecb-extending-hybrid-policy-allows-staff-work-anywhere-eu-90-days-year-rave-reviews-work-life-balance/
Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges
Are you dealing with remote and flexible working requests in your business? Come to our event, Legal Answers to HR Dilemmas: Mastering Modern Workplace Challenges online, on 27th March. This event is in partnership with the leading employment law team at Eversheds (Sutherland) Ireland LLP. We will be exploring topics such as absence management (short and long term), disability & reasonable accommodation, remote and flexible working requests and much more! Get the legal answers to your most pressing & tricky HR challenges. Read the full programme here:
https://legal-island.ie/events/legal-answers-to-hr-dilemmas-roi
4. Economic Outlook
Ibec: Irish CEOs are increasingly concerned about Donald Trump's threatened tariffs
According to Ibec’s latest survey of chief executives, the top international concern for Irish chief executives was the cost of doing business — cited by 79%, but this was down from 83% last year. The second biggest concern was business regulation and ease of doing business, cited by 54%. Of those surveyed, 30% cited international trade and risks of tariffs as one of their top three priorities — up 8% compared to last year. Trade and tariffs would be a “major challenge” for 19% of respondents and a “minor challenge” for 41%. The Irish Examiner has more:
https://www.irishexaminer.com/business/companies/arid-41580283.html
Sinn Féin to meet Meta over job cuts
Sinn Féin’s enterprise and employment spokeswoman is set to raise questions over Meta’s decision to cut some jobs in Ireland at a meeting with the tech giant next week. As Ian Curran reports, the move comes after some staff at Meta Ireland queried the legality of their so-called performance-based dismissals and sought the advice of solicitors. Employment law experts have questioned whether the dismissals – unveiled earlier this month as part of a wider, global cull of what Meta chief executive Mark Zuckerberg described as “low-performers” – are being conducted in accordance with Irish law. More from the Irish Times:
https://www.irishtimes.com/business/2025/02/26/sinn-fein-to-meet-meta-over-job-cuts/
The cost of the public-sector pay bill as Minister is warned about rising wages
The public-sector pay bill is rising by €1.5bn each year – fuelled by wage hikes and a ballooning civil service, reports Business Plus. Public Expenditure Minister Jack Chambers was warned by his officials that managing the €28bn annual pay bill at sustainable levels will present an “ongoing challenge”. By the end of this year, staffing levels in the public sector will have increased by almost 90,000 workers – or 20% – since the pandemic, to 426,500 staff:
https://businessplus.ie/news/public-sector-pay-bill/
The EU Minimum Wage Directive: To Be or Not to Be?
Court challenge to EU minimum wage directive exposes tensions between legal interpretation, political compromise and social policy. Social Europe has more:
https://www.socialeurope.eu/the-eu-minimum-wage-directive-to-be-or-not-to-be Back to Top
5. DEI
25 Years of Protection Against Disability-based Discrimination in the EU
The Berkeley Center on Comparative Equality & Anti-Discrimination Law’s Disability Rights Working Group takes the arrival of this twenty-fifth anniversary as an invitation to reflect on the meaning and scope of this prohibition. After a quarter of a century, what developments have there been in the understanding of disability in European anti-discrimination law? This article from the Oxford Human Rights Hub goes into the legislative framework and the evolving understanding of disability-based discrimination in landmark cases of the Court of Justice of the EU (‘the Court’):
https://ohrh.law.ox.ac.uk/twenty-five-years-of-protection-against-disability-based-discrimination-in-the-eu-an-evolving-understanding-of-disability/
6. Pensions ⚓︎
Long-awaited search for pension auto-enrolment asset managers to start next week
Minister for Social Protection Dara Calleary’s officials will next week officially start a search for investment managers to oversee assets in the auto-enrolment (AE) pension scheme, after months of delays. A so-called request for tenders document “is being finalised with the assistance of the Chief State Solicitor’s Office and the Office of the Attorney General and is expected to be published next week”, a spokesman for the Department of Social Protection told The Irish Times. The spokesman said the Government still plans to introduce the AE programme, which will capture 800,000 workers that are not part of a pension plan, at the end of September reports the Irish Times:
https://www.irishtimes.com/business/2025/02/27/long-awaited-search-for-pension-auto-enrolment-asset-managers-to-start-next-week/
7. Just in Case You Missed It... ⚓︎
Horizon Scanning - Three legislative changes that should be on the radar for HR consultants and employers as we progress through 2025
So far 2025 looks like it is going to be another busy year for employment law. In this article Alison Devine of Addleshaw Goddard looks at three key employment law changes which HR consultants and employers should be aware of:
https://legal-island.ie/employment-law-hub/horizon-scanning
Case Law Insights: Lessons Learned from Key Bullying and Harassment Cases in Ireland Webinar
Laura McKee, Knowledge Partner, Legal Island was joined by Bernadette Daly, Partner, CC Solicitors and Dr Gerry McMahon, (MD at Productive Personnel Ltd.) where they unpacked key cases, shared legal insights, and explored practical strategies on the topic of bullying, harassment and sexual harassment in the workplace. Didn't make the webinar? Don't worry, you can catch up on the recording here:
https://legal-island.ie/employment-law-hub/roi-case-law-insights-lessons-learned-from-key-bullying-and-harassment-cases-in-ireland
Is Your Retention Strategy Strong Enough to Keep Your Best People?
Employee Retention can be described as an Organisation's effort to manage staff turnover and retain their Team Members. Organisations need to review their Employee Retention strategy in order to mitigate the risk of losing their most valuable asset – their people! Caroline Reidy, HR Suite has more:
https://legal-island.ie/employment-law-hub/is-your-retention-strategy-strong-enough-to-keep-your-best-people
9 Ways to Make a Great Impression in a New Role
One of the most common questions I hear is: "How do I make a great impression in my new role?"
It’s a popular question because so many of my clients are smashing it—getting promoted or starting new jobs regularly! It’s also such a critical time to get right. You never get a second chance to make a first impression, after all. Sinead Starkey-Steenson, Founder of Generation Women, Career and Leadership Coach tells us the 9 things that will help you stand out for all the right reasons in your new role:
https://legal-island.ie/employment-law-hub/9-ways-to-make-a-great-impression-in-a-new-role
8. HR Developments
HR leaders cite change fatigue as one of top five barriers to success
Change fatigue has been identified as one of the top five barriers to success by communications and HR leaders, according to research by consultancy Gallagher. Its 2025 Employee communications report, which surveyed more than 2,000 communication and HR leaders across 55 countries, found 44% of respondents view change fatigue as a barrier to success this year, while 49% cited low capacity. Two-fifths (41%) identified poor people manager communication and 39% cited a lack of direction from top leaders. More from Employee Benefits:
https://employeebenefits.co.uk/total-reward/hr-leaders-cite-change-fatigue-as-one-of-top-five-barriers-to-success/280414.article
9. Employment News in the Media
A tribunal has ordered a school to pay over ten months' wages to a cleaner who was fired after being accused by the principal of leaving "hazardous material" - a bucket with diluted bleach - out in a corridor. The Workplace Relations Commission made the award after calling it "implausible and lacking in credibility" that the school’s principal was "in fear for his life" as a result of an alleged death threat from the worker such that he could not log on and testify to a virtual hearing last year. Catch up:
https://www.rte.ie/news/business/2025/0227/1499344-school-cleaner-kicked-out-of-job-over-bucket-wins-5-000/
X Corp's Irish subsidiary has filed an appeal against the record €550,000 award it was ordered to pay an executive who was dismissed after tech billionaire Elon Musk took over the firm and told staff to either sign up to work "long hours at high intensity" or have it taken that they had resigned reports RTÉ:
https://www.rte.ie/news/business/2025/0224/1498668-award-to-ex-twitter-exec-over-dismissal-up-for-appeal/
A group of Limerick City restaurant workers who decided to close down the premises in a revolt over unpaid wages have won nearly €22,000 for employment rights breaches. The former head chef at the restaurant, Frederico Madureira, had told the Workplace Relations Commission that he had worked 111 hours a week in an effort to get the business up and running in 2023. RTÉ has more here:
https://www.rte.ie/news/business/2025/0225/1498820-limerick-restaurant-workers/
Lecturers at BIMM Music Institute have voted to accept a deal struck this week to end a dispute arising out of proposed redundancies and changes to pay and conditions. Just over 50 staff at the Dublin college were potentially impacted by the proposals which involved a number of compulsory redundancies and significant changes to contracts. The Irish Federation of University Teachers (IFUT) described the proposals as “forcing dedicated lecturers out of secure jobs and into precarious, casualised contracts”. More from the Irish Times:
https://www.irishtimes.com/ireland/education/2025/02/21/dispute-at-bimm-ends-as-lecturers-vote-to-accept-deal/
An electrician who said he walked off the site of the national children’s hospital after his €33-an-hour pay was cut by €7 and his supervisor remarked that he could be replaced by an apprentice has won €5,750 for constructive dismissal. The worker, Ian Church, told the WRC that he had been trying to have the pay cut issue fixed for several weeks at that point, and went as far as telling his employer: “I’m not working for this money.” The Irish Times has more on this story:
https://www.irishtimes.com/ireland/2025/02/20/electrician-who-walked-off-national-childrens-hospital-site-after-being-docked-pay-awarded-5750/
A cleaner who suffered “egregious treatment” by being sacked by a special needs primary school in Dublin for allegedly leaving a bucket of water containing bleach in a hallway has been awarded €5,000 in compensation. The Workplace Relations Commission ruled that there was “a complete absence of fair procedures” in the manner in which the board of management of Our Lady of Hope School in Crumlin had dismissed Christina Doyle from her job as a cleaner. More from theJournal.ie:
https://www.thejournal.ie/school-cleaner-unfair-dismissal-after-allegedly-leaving-bucket-of-water-containing-bleach-in-hallway-6634274-Feb2025/
10. Friends of Legal Island ⚓︎
RDJ Announces B Corp Certification
RDJ is officially a Certified B Corporation, a global certification for businesses that meet high standards of social and environmental impact. RDJ is the first Irish law firm to become certified B Corp. RDJ’s certification follows a rigorous 18-month-long assessment, with key initiatives undertaken in recent years including increasing female representation to 35% in senior management and transitioning to 100% renewable electricity across all offices. The firm is also set to reduce its carbon footprint by 5% annually and is advancing its digital transformation, targeting fully digital operations by 2030. Read more here:
https://www.rdj.ie/news/rdj-announces-b-corp-certification
Enjoy the weekend.
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Mock WRC Adjudication Hearing