What We Learned Last Quarter - April 2024

Q1 of 2024 is over!  Whether you are a legal aficionado or an HR connoisseur, catch up below… 

Case Law 

In the case of Sharanjeet Kaur v Bombay Bhappa Limited t/a Bombay House, an Indian national, represented by the Migrant Rights Centre Ireland, brought multiple complaints against their former restaurant employer, including excessive working hours, wage deductions, and sexual harassment. Despite the employer's withdrawal, all complaints were held to be well-founded. This case highlights the risks of informal employment arrangements under various statutes. 

And in Cian O’Sullivan v Kilkenny County Council, a General Operative for Kilkenny County Council was certified unfit for work but deemed fit to return with modifications to his duties. Despite this, the Council failed to provide reasonable accommodation, resulting in a €15,000 compensation award for discrimination. 

AI 

The European Parliament has approved the world's first comprehensive framework for constraining the risks of artificial intelligence (AI).  According to a recent BCG survey, 85% of the leaders of large companies plan to increase their AI budget in 2024.  But exercise caution: HR software giant Workday faced a claim that it uses artificial intelligence tools that discriminate against job applicants.   

Still unsure about the use of AI?  This quarter brought the arrival of Legal Island's podcast: five-minute snippets that delve into the world of AI in HR, providing insights into the challenges and opportunities it presents.   

Are you more of a visual learner?  Kieran Gilmurray, broke it all down in his webinar and demo video.  Catch up HERE. 

WRC Code of Practice on Flexible and Remote Working 

The eagerly anticipated Code of Practice for Employers and Employees on the Right to Request Flexible Working and Remote Working was published on 7 March 2024.  Robert Dooney, Addleshaw Goddard LLP, updated us in his article and Sarah Linehan, A&L Goodbody LLP, provides extremely helpful key takeaways. 

Pay & Sick Leave 

Unions demand major worker rights reforms and New EU gig economy lawswere saved from oblivion by a Belgian compromise.  Also, this quarter, the first adverse ruling under sick leave law was made.  The Annual Employment Survey was released, and while it was reported that more women are job-hunting in Europe than in North America, workers in Ireland are in line for their biggest pay hike in a decade. Enoch Burke continues to be in the headlines, with the Irish Independent reporting that he has been paid €72,000 for teaching role since his suspension 18 months ago. 

Lastly, thank you for getting in touch.  You spoke, and we listened!