The Workplace Relations Commission found Gary Powell was unfairly dismissed by C&F Tooling Limited and awarded him €22,000, reduced by 25% to €16,500 for his failure to appropriately mitigate his loss. The decision was dated 9 February 2023.
The company said its subsidiary customer had gone into liquidation, causing orders to collapse and leaving no further work for Powell’s role. Powell argued he had been unfairly selected for redundancy, including because he had brought personal injury proceedings against the company.
The WRC found there had been no consultation, transparent selection process or meaningful consideration of alternative roles. It did not uphold Powell’s allegation that the company dismissed him because he had issued proceedings. The €16,500 award was in addition to redundancy payment he had already received.