Lay-Off and Short-Time Summary Information Ireland Coronavirus

Lay-offs and Short-time

Lay-off A lay-off situation arises where an employer is unable to provide work for an employee, but believes this to be a temporary situation and gives notice to this effect before the cessation of the employees work.    Short-time A short-time situation arises where, due to a reduction in the amount of work to be…

Unfairly Selected For Redundancy

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…

Individual Redundancies (Non-Collective Redundancy Situation)

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

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…

Legitimate Reasons for Redundancy

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…

Redundancy, Wages & Holiday Pay When an Employer Becomes Insolvent

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…

Redundancy Terms for Fixed-Term Workers May Not Be Less Favourable Than For Permanent Workers

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…

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