The Employment Relations Authority has upheld a claim for unjustified dismissal following a redundancy process.  The employer failed to consult with the employee before making them redundant.  The employee was only told of their redundancy without being given any opportunity to respond to the proposal.

In addition the employer tried to justify the redundancy on the basis of allegations of dishonesty and poor performance.  Those matters are not ones that support a redundancy but rather should have been raised as allegations of misconduct.

The ERA awarded the employee $19,000 in lost wages and $18,000 for hurt and humiliation for the failure to follow any proper process.

Alan Knowsley

Employment Lawyer