If the employee can show that there was technically no legitimate case for their redundancy under the Redundancy Payments Acts, 1967-2003 or that he/she was unfairly selected for redundancy, he/she can claim unfair dismissal.   Once an employee establishes a prima facia case, the onus is on the employer to prove that a genuine redundancy…

No matter what type of redundancy, the employer must give the individual employee sufficient notice of potential redundancy and consult with them about other alternatives to the possible redundancy. Under the Redundancy Payment Acts 1967-2007, an employer is required to give a minimum of 2 weeks’ notice (which cannot be paid in lieu) of termination…

Collective redundancies arise where, during any period of 30 consecutive days, the number of employees being made redundant reaches a given proportion of the total employee population i.e.   • 5 employees where 21-49 are employed • 10 employees where 50-99 are employed • 10% of the employees where 100-299 are employed • 30 employees…

A redundancy situation occurs where there is a dismissal of an employee by an employer, not due to any act of the employee.   The dismissal must result “wholly or mainly” from one of the following situations:   1. Where an employer has/intends to cease carrying on the business, or at that location i.e. closure…

What happens employee’s wages, notice pay, holiday pay and redundancy payments when their employer goes insolvent?   When a company goes into insolvency, employees have certain rights and entitlements and may be entitled to recover money from the Department of Jobs, Enterprise and Innovation under the Insolvency Payments Scheme.   The Insolvency Payments Scheme is…

Background to Complaint The complainants in this case were engaged on a series of fixed-term contracts with the College. In September 2003, it was announced that the college was to close down and the closure took place eventually in August 2007, at which point the complainants had six and seven years service respectively.   They…