The Workplace Relations Commission found that Gecko Operating Limited unfairly dismissed co-founder Mark McHugh and awarded him €5,384.31 in compensation. In a decision dated 2 March 2022, it also found his working-time complaint well-founded, recording €2,576.80 in redress.
McHugh alleged his redundancy was a sham and that the process was unfair. Gecko said it had lost the contract for the software he maintained and planned to outsource much of its technical work.
The WRC found that only McHugh was considered for redundancy, no alternatives or other cost-saving measures were examined, and no alternative work was offered. It noted that Gecko hired a chief technical officer shortly after he left, indicating his role was not redundant. The Commission also found the process unfair because he was not allowed representation at the redundancy meeting and his dismissal letter offered no appeal.
The unfair-dismissal compensation was limited to four weeks’ pay after the WRC found McHugh had not shown efforts to find new employment. The working-time redress comprised €1,076.80 for untaken annual leave and €1,500 in compensation.