Redundancy Cases

1. Introduction The treatment of offers of suitable alternative employment in the redundancy context is a recurring source of dispute. The case of A Bartender v A Bar and Restaurant Owner (ADJ-00020568) is one of a number of decisions illustrating the WRC’s approach to this question. The framework draws on the English case of Cambridge

1. Introduction The statutory redundancy lump sum under Section 7(2A) of the Redundancy Payments Act 1967 is the principal financial protection for employees dismissed by reason of genuine redundancy. The calculation is mechanical but operates within a complex framework of qualifying conditions, service calculation, and pay calculation. This article addresses the framework for the calculation

1. Introduction Section 39 of the Redundancy Payments Act 1967 provides for the resolution of disputes about the right to a redundancy payment by reference to the WRC. The provision is the principal route for the determination of redundancy payment claims and is supplemented by the procedural framework of the Workplace Relations Act 2015. This

1. Introduction The case of A Deli Assistant v A Sandwich Shop (ADJ-00027111) is a useful illustration of the operation of the time extension provision under Section 24 of the Redundancy Payments Act 1967. The provision allows the WRC to extend the standard 52-week time limit for redundancy payment claims where reasonable cause is shown.

1. Introduction The provisions of the Redundancy Payments Act 1967 relating to lay-off and short time give employees a route to redundancy payment where their work has substantially diminished but their employment has not formally been terminated. The provisions operate as a protective measure against extended periods of reduced or no work. This article addresses

1. Introduction The case of Tracey Ring v Student Facilities & Services (UCC) DAC T/A Unisalon (ADJ-00037197) is widely regarded as the modern canonical statement of the requirements for a lawful redundancy process under the Redundancy Payments Acts 1967 to 2014 and the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer’s decision sets out

1. Introduction The threshold question in any redundancy complaint is whether a genuine redundancy situation existed within the meaning of Section 7(2) of the Redundancy Payments Act 1967. Where no such situation existed, the dismissal cannot be saved by Section 6(4)(c) of the Unfair Dismissals Acts 1977 to 2015 and is liable to be found

1. Introduction The calculation of the statutory redundancy payment is, in principle, a mechanical exercise: two weeks’ pay per year of service, plus a bonus week, subject to the weekly pay cap. In practice, the calculation gives rise to recurring issues of detail that can produce material differences in the final figure. This article addresses