Courts / Ireland / Report
US multinational ordered to pay €168k to unfairly dismissed exec
2024-06-11
Hearing Or Decision
Summary
A US multinational software company, Digital River Ireland Ltd, was ordered by the Workplace Relations Commission to pay €168,682.09 to Kevin Foley, a former senior director of sales for the Europe, Middle East and Asia region. Foley claimed his dismissal on 19 October 2022 was the result of a sham redundancy process that did not involve the required Irish employment law checks. He argued that the company's US-based line manager, who later assumed his responsibilities, had benefited from the decision. The WRC found that the company's appeal procedure was flawed, lacking an oral hearing and failing to allow Foley to be accompanied. The commission upheld Foley's unfair dismissal claim and awarded the monetary sum, citing the company's procedural breaches and Foley's successful job search within eight months of redundancy.
Who, what, where, when and why
What: Report matter: US multinational ordered to pay €168k to unfairly dismissed exec. Procedural stage: hearing_or_decision
When:
- 19 July 2022 Other
- August 2022 Other
- 19 October 2022 Incident
- 2024-06-11 Publication
Why: Mr Foley's solicitor, Anne O'Connell, argued that Digital River'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
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