WRC rejects Patrick Troy’s unfair dismissal and working time complaints

The Workplace Relations Commission found that Patrick Troy’s dismissal by Flynn Management & Contractors Limited was not unfair, rejecting his complaint that his redundancy was a sham. The WRC also found his complaints about annual leave and working hours were not well founded. Its decision was dated 21 September 2022. Troy, the company’s Group HR Director, argued that the Covid-19 crisis was used as a pretext to remove him after disagreements with the directors. The company said the downturn meant it no longer needed a senior strategic HR role. The WRC accepted that it faced serious financial pressure and found the redundancy genuine and impersonal. It also found Troy had an opportunity to respond and that the short consultation followed his request for a prompt decision. The WRC found Troy had received his full statutory annual leave entitlement. It said weekend work was not properly a working time complaint and that the days were adequately compensated by his three months’ notice away from work. His senior role also allowed him to determine his own working time, so the statutory 48-hour limit did not apply. Two other complaints, under the Safety, Health and Welfare at Work Act and the Protected Disclosures Act, were withdrawn.