Redundancy – How cases must run*
This issue arose in case ADJ-00030873 being the case of Sylvia McCann and Irish Whiskey Museum Limited. The Adjudication Officer in this case set out;
“In the case before me the employer seeks to establish that the dismissal is not an unfair dismissal as the dismissal results wholly and mainly on the redundancy of the employee (as provided for in Section 6 (4) of the 1977 Act aforesaid). In making this assertion, the respondent will have to establish that the redundancy is a genuine one (and not a sham or ruse to get rid of the employee). Under Section 7 (2) of the Redundancy Payment Act of 1967 the employer will have to demonstrate (in general terms) that the dismissal (by reason of redundancy) is attributable wholly or mainly to the fact that the employer is ceasing to trade, or propose trading with fewer employees or that the work is to be done differently and the employee hasn’t got the requisite training or qualifications to continue”
It is useful that the Adjudication Officer has set the matters out in this way.
The case is interesting as regards the facts but ultimately an award of €25,000 was made under the Unfair Dismissal legislation.
This is clearly a reminder to employers of the importance of having issues relating to redundancy fully and absolutely set out.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.