WRC decision finds therapist’s dismissal unfair despite employer restructuring

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A Workplace Relations Commission adjudicator found the dismissal of Nora Martin by Genesis Psychotherapy & Family Therapy Service Limited unfair, even while accepting that the organisation faced genuine financial challenges and could restructure. The employer argued that its restructuring justified the dismissal, including on the basis of “some other substantial reason” if the situation did not meet the legal definition of redundancy.

The adjudicator identified shortcomings in consultation and selection, as well as concerns about the influence of issues relating to Martin that had not been addressed through a fair process. The decision recognised that a reorganisation could potentially justify dismissal on substantial grounds, but concluded that the process in Martin’s case was unfair. The published legal analysis says the decision does not set clear limits for using this ground or definitively expand its application in Ireland.