Courts / Ireland / Report

Senior manager at Digital River says he was put out of job in 'sham redundancy'

Summary

Kevin Foley, former senior director of sales for EMEA at Digital River Ireland Ltd, claims he was dismissed in a "sham" redundancy that involved his US‑based boss. Foley said he expected to remain employed until spring 2023 after receiving a retention bonus in August 2022, but was told he faced redundancy less than a month later. He alleges the redundancy process was predetermined and that his former line manager, who benefited from the decision, should not have been involved. Foley's solicitor argued the company failed to prove a genuine redundancy situation or a fair process. The Workplace Relations Commission heard that Digital River had reduced its global workforce from 648 to 382 in 2022, losing 11 jobs in Ireland. Foley is seeking compensation for a reduction in earnings since taking a new job with a lower base salary and commission structure. The hearing concluded with the adjudicator hoping to issue a decision before Easter.

Who, what, where, when and why

What: Report matter: Senior manager at Digital River says he was put out of job in 'sham redundancy'. Procedural stage: hearing_or_decision

When:

• August 2022 Incident
• 19 July 2022 Other
• 29 August 2022 Other
• 31 March 2023 Other
• 21 September Other
• 19 October 2022 Other
• 30 August 2023 Other
• 2024-02-09 Publication

Why: Mr Foley's solicitor, Anne O'Connell, has argued that the the company's redundancy process was a predetermined "sham" because Mr Foley's former line manager, the US sales team leader, ought to have been at risk of redundancy himself. CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report