Another recent case this month from the Workplace Relations Commission is a timely reminder to employers to ensure a redundancy is genuine and proper and fair procedure is followed. An employer should not use performance or other issues to make an employee redundant. The key to a redundancy is that the employe’s job is no longer there.
In this case the employee argued his redundancy was not genuine as there had been ongoing issues including performance issues with his employer. The employee argued that his employer used alleged performance issues and other allegations to dismiss him.
The Workplace Relations Commission agreed. It was held the redundancy was a “cloak” or disguise to dismiss the employee who was awarded €16,000 compensation.
A full copy of the decision can be found here.
