The recent case of Trinity College Dublin and Iftikhar Ahmad concerned an appeal by the employer to the Labour Court in respect of a Workplace Relations Commission decision concerning unfair dismissal. This case dealt with the issue of redundancy, fixed term contracts and contracts of indefinite duration. The employee in this case had been engaged on a specified purpose contract which was wholly dependent on external funding which had ceased. As a result the employee’s role became redundant.
In this case the employee argued that he had been unfairly dismissed when he was informed that his role was made redundant. He argued that he was entitled to a contract of indefinite duration. The employee representative stated that even if there was a genuine redundancy, that this should not dispel the requirement for an employer to follow proper and fair procedure in making an employee redundant.
The Labour Court agreed and held that the employee had been unfairly dismissed and awarded him €20,000
Employment Law Case Tip
Employers should note that even where there is a genuine redundancy, you must follow proper and fair procedure in terminating any role even where funding for the role has ceased.