Checklist for challenging a Redundancy

Employees can raise a personal grievance if they believe their employer has acted unjustifiably.

If the grievance is not resolved by the parties themselves or by mediation the Employment Relations Authority or the Employment Court will look at each case individually, including whether:

  • The redundancy is for genuine commercial reasons
  • The provisions of the relevant employment agreements have been observed
  • The employer has acted reasonably and fairly in the way the redundancy was carried out.

The employer cannot use redundancy as a way of dismissing someone for reasons relating to the employee personally (such as the employee’s performance).
If an employer is found to have acted unjustifiably in a redundancy, the Employment Relations Authority or the Employment Court may decide on one or more of the remedies for personal grievances.

The Authority and the Court have no power to award redundancy compensation in a genuine redundancy situation, except where the employment agreement says that a redundancy payment will be made.

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