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Redundancy – Must be about the role and not the person

The recent case of Patrick Troy v Flynn Management and Contractors Limited ADJ00028488 is a must read for employers and employees alike concerning redundancies and the law surrounding same.

As we know, the key to a redundancy is that it is about the role and not the person. In essence this means that the redundancy cannot be used as a guise to dismiss someone for reasons other than redundancy and use redundancy as an excuse. Proper and fair procedure must be followed at all times in respect of a redundancy including considering all alternatives to redundancy and allowing an employee an opportunity to offer ways to save their role.

Where it is found that a redundancy is not genuine or that proper and fair procedure has not been followed, then an employee may have a claim for unfair dismissal before the Workplace Relations Commission.

Although the employee in this case was not successful in their claim, the case nonetheless is an important one for those with an interest in or going through a redundancy process.

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