Collective Redundancy and the Protection of Employments Acts
1. Introduction The Protection of Employment Acts 1977 to 2014 establish a particular framework for collective redundancies, supplementing the individual protections under the Redundancy Payments Acts and the Unfair Dismissals Acts. The framework imposes obligations on employers in respect of consultation, notification, and the timing of dismissals where the proposed redundancies meet the collective threshold.
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Collective Redundancy and Information and Consultation
1. Introduction The information and consultation obligation under Section 9 of the Protection of Employment Act 1977 is the substantive heart of the collective redundancy framework. The provision requires the employer to consult with employees’ representatives in good faith over a defined period in respect of specified matters. This article addresses the scope of the
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Redundancy in Ireland: Your Rights, the Process, and When It Becomes Unfair Dismissal
Redundancy Law In Practice Redundancy is a lawful reason to end someone’s employment, but only if it’s genuine, and only if the process is fair. Many employers get this wrong. If you’ve been made redundant and something doesn’t feel right, you may have grounds for an unfair dismissal claim. Here’s what Irish employment law actually
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Procedural Requirements of a Fair Redundancy Process
Introduction The case of Donal Finnegan v Liffeyfield Limited t/a Bonnington Hotel (ADJ00055992) examines the circumstances under which a dismissal, on foot of redundancy, will be deemed to have been carried out in accordance with the procedural requirements of a fair redundancy process. Mr Finnegan (the “Complainant”) brought a complaint under Section 8 of the
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Redundancy, Retirement or Resignation
Background The case of Denis McCallig v Bord Iascaigh Mhara (BIM) (ADJ00052727) examines the circumstances under which an employee will be considered to have been made redundant, retired, or alternatively resigned. Mr. McCallig (the Complainant) brought a complaint under Section 39 of the Redundancy Payment Act, 1967, against Bord Iascaigh Mhara (BIM) (the Respondent) to
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Agency Workers, Determining an Employer and Redundancy Payments
Background The case of Amanda Craddock v Head–Hunt International Limited (ADJ00036831) examines the circumstances under which a redundancy payment would ordinarily be payable to an agency worker. Ms Craddock (the Complainant) brought a complaint under Section 39 of the Redundancy Payments Act, 1967 against Head-Hunt International Limited (the Respondent) to the Workplace Relations Commission (WRC),
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What is a ‘sham’ redundancy?
Introduction Very recently, a number of cases have arisen before the Workplace Relations Commission (WRC) wherein accusations were made against employers that a redundancy was little more than a ‘sham’, designed to remove an employee from the workforce, under the pretence of change in operational or commercial requirements. In Philip Hanley v PBR Restaurants
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A Guide to Redundancy Law in Ireland
Redundancy Law Resources: Guide to Redundancy under Irish Employment Law Bringing a Redundancy Claim Redundancy Payments Cases and Claims Introduction to Irish Redundancy Law For most employers citing redundancy, they will need to demonstrate that there have been significant changes in the direction of the business, closure of all or particular parts of the business,
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Right to Claim Redundancy Suspended (Again)
Suspension of Redundancy Rights The Irish Government, on 24 November 2020, announced yet another extension of certain provisions which preclude an employee from claiming redundancy from their employer, if they have been temporarily laid off, or placed on short-time work, for an extended period. It was expected that the suspension of these rights would expire
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Covid-19: Reduced Pay, Reduced Hours and Redundancy
Introduction to Irish Employment Law and Covid-19 The Covid-19 pandemic has brought about significant disruption in our economy and society. As a consequence of the economic slowdown, many employers have struggled to navigate their way through the difficult financial times, we now find ourselves in. When income is reduced, employers will naturally look to reduce costs.
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