Dismissals & Redundancy

Dismissals & Redundancy

Any dismissal under the Unfair Dismissal legislation is presumed to be unfair until the employer proves it was fair.

This places a heavy obligation upon the employer to ensure that before dismissing any employee they have followed proper procedures and the grounds for dismissal are reasonable.

Failure to prove a dismissal was fair will result in a workplace relations commission awarding one of the following:

  • Compensation of up to 2 years salary
  • Reinstatement / payment of salary from date of dismissal
  • Reengagement / payment of salary from a date set by the tribunal

As an unfair dismissal may take up to one year to be heard in a tribunal any finding invovling compensation may be very costly. Not only is it vital to treat individuals being made redundant fairly and accordance with all the relevant Acts:

  • The Redundancy Payments Acts 1967-2007
  • The Protection of Employees Acts 1977-2007
  • The Unfair Dismissals Acts 1977-2007
  • The Employees (Provision of Information and Consultation) Act 2006
  • The Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

It is also important to remember that the on-going business effectiveness will essentially be dependent on the morale of the survivor.

Redundancy Programme Management

If a redundancy programme is required, it needs to be managed carefully, EPA will ensure all legal requirements and fair selection processes are followed including:

  • Consultation
  • Fair Selection process
  • How many?
  • Notice periods
  • Collective Redundancies
  • Calculation of re-payments
  • Alternative work requirements

Redundancy is not an easy time for anyone – management and staff alike. We acknowledge this and can approach the sensitive issue of redundancy with all concerned.

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