Redundancy Advice and Information From A Redundancy Solicitor In Cork
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Under Irish Employment Law, a genuine redundancy situation arises if:
the employer has ceased or intends to cease carrying on the business for which the employee is employed, or
The requirements of the business had ceased or diminished or are expected to cease or diminish, or
employer has decided to carry on the business with fewer or no employees, or
the employer has decided that the work for which the employee had been employed will in the future be done in a different manner or done by a person who is also capable of doing the work for which the employee is not sufficiently qualified are trained.
This page has some useful information about Redundancy. You may also be interested in our pages about Unfair Dismissal, Bullying and Harassment, and Employment Law.
While we have tried to provide some basic information, no website can answer all your questions. Do you live in Cork? If so please call now to book a telephone or face-to-face conversation with an experienced Cork solicitor.
Risks About Redundancy
Under Irish Employment Law, a dismissal by reason of redundancy can be deemed unfair if the employer is not considered to have acted reasonably. Some examples of where dismissal by reason of Redundancy has been held to be unfair include:
- Unfair selection for redundancy
- Failure to properly consider alternative to Redundancy
- Failure to pool comparable employees.
- Re-hiring at lower salaries or benefits.
- Not providing selected employees with a right of appeal.
How do I contest a Redundancy?
You must make a claim to the Employment Appeals Tribunal within six months of the date of dismissal under Irish Employment Law,. A complaint form must be submitted within the time limit otherwise you will only be allowed to make a claim within twelve months in exceptional circumstances. At Johnson & Co, Solicitors, Cork our lawyers can provide you with legal advice and represent you at the hearing of the complaint.
Under Irish Employment Law, save for a very few exceptions all employers are obliged to pay statutory redundancy pay to workers who have a least 2 years’ continuous service. Some employers pay enhanced redundancy terms but, for those who do not the legal statutory redundancy payment is two week’s gross pay per year of service up to a ceiling of €600 per week plus one week’s pay, which is also subject to the ceiling of €600. This payment is tax-free
Redundancy – We can help you
Contact our employment law solicitors now for further redundancy and legal advice and to discuss how we can help you by calling us directly on 021 484 77 71.
Example of a successful challenge to a Redundancy
Intrum Justitia and McGreevy ( March 27th, 2009). In a Redundancy situation it was decided that one staff member in each of the relevant departments of the employer would be selected. Staff in each of these departments were alerted that their jobs might be at risk and a redundancy matrix that the respondent proposed to use was explained to them.
The matrix involved a number of criteria including skills and experience in current role, occupational qualification, cooperativeness, commitment and using initiative, and future potential. The complainant, who was seven months pregnant at the time, was the lowest scoring employee in the finance department and was selected for redundancy.
Her Finance Manager had carried out the evaluation of the complainant, even though the procedure specified that the evaluation should have been made by her direct Line Manager. It also emerged that the Finance Manager’s opinion of the complainant was not a positive one in the past. She said she did not appeal this decision as she was entitled to, because the appeal was to a member of management and she did not think it would succeed.
The Court declared that special protection against dismissal exists during pregnancy at work and that the dismissal of a pregnant employee raises a prima facie case of discrimination on the gender ground. The onus of proof is therefore clearly on the employer to show that there were exceptional circumstances justifying the selection of the complainant for redundancy. The redundancy matrix, it concluded was unsatisfactory being complex, opaque, subjective and most critically, open to manipulation in order to achieve a particular result. The fact that it was completed by the Finance Manager rather than the complainant’s Line Manager was also significant, given his evidence in relation to her perceived lack of flexibility on family grounds. Combined with her existing well advanced pregnancy, the Court held that the respondent had failed to discharge the onus upon it. Finally, the Court noted that the complainant did not exercise her right of appeal and expressed its view that she should have done so. It concluded that a discriminatory dismissal on grounds of gender and family status had taken place. However, the award of €30,000 in compensation made by the Equality Officer was reduced by the Court to €20,000.
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