The Workplace Relations Commission found Jacqueline Sullivan was unfairly dismissed by Herbst Manufacturing Limited and ordered the company to pay her €31,104 in compensation. The decision was dated 20 July 2023.
Sullivan had worked for the company since 2013 and was a Customer Liaison Officer when she was dismissed in April 2020. The company said the pandemic had sharply affected its business and her role was being discontinued. Sullivan argued much of her work continued and that she could have moved into another role.
The adjudication officer found that residual work remained and the company had not reasonably explored redeployment or shown an objective basis for selecting Sullivan for redundancy. In plain terms, the company did not show that it had fairly considered keeping her in work or why she was selected for dismissal.
The parties agreed compensation was the preferred remedy. Sullivan was out of work for 11 months before finding another job. The officer’s reasons calculate compensation at €31,014 after crediting her €9,000 redundancy payment, while the formal order directs payment of €31,104.