Courts / Ireland / Report

Florist made redundant after going on PUP wins unfair dismissal claim

Summary

A Workplace Relations Commission adjudicating officer has upheld complaints by Mary O'Gara against Flowers Made Easy Ltd under the Unfair Dismissals Act and the Terms of Employment (Information) Act. The decision, published this morning, found that Ms O'Gara's dismissal by way of redundancy in November 2020 was unfair. The employer argued that the complainant was a "one-person wedding department" and that the pandemic made the wedding trade unviable. However, the adjudicating officer noted that Ms O'Gara performed duties beyond wedding work, including corporate clients and floristry classes, and that the company did not consider restructuring options or consult her. The officer concluded the decision was not for reasons unrelated to the employee, citing evidence that she was paid more than other florists. Consequently, Flowers Made Easy was ordered to pay €12,168 for unfair dismissal. Additionally, the firm was found to have breached the Terms of Employment (Information) Act by failing to issue terms and conditions to Ms O'Gara following a change in ownership in January 2020, resulting in a further award of €1,872. The total compensation ordered is €14,040. A third complaint under the Organisation of Working Time Act was rejected. The matter was concluded with these final orders.

Who, what, where, when and why

What: Report matter: Florist made redundant after going on PUP wins unfair dismissal claim. Procedural stage: hearing_or_decision

When:

• November 2020 Other
• January 2020 Other
• March 2020 Other
• 31 March 2020 Other
• 11 November 2020 Other
• November 16th Other
• Christmas Other
• Christmas Eve Other
• 2022-12-07 Publication

Why: However, Ms O'Gara told the Workplace Relations Commission she did "a lot more than wedding work" – and the firm's CEO said under questioning that it did not consider transferring her to another area because she was "paid more than other florists". CNI source report

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report