The WRC awarded legal secretary Hayley Kenny €12,006.05 after finding that McCann Morrissey Clarke Solicitors unfairly dismissed her by selecting her for redundancy. The decision was dated 24 March 2022.
The firm said it needed to cut costs after a merger and had chosen Kenny because the other legal secretary was more capable and could work more independently. Kenny disputed that the selection was fair, saying there were no selection criteria, consultation, discussion of alternatives or opportunity to appeal.
The WRC found that Kenny’s high earnings, rather than the claimed difference in capability, were the main reason for her selection. It also found the process very unfair: there was no advance consultation, no chance to suggest alternatives and no appeal opportunity.
The WRC assessed her losses and awarded €12,006.05 in compensation, after deducting her €2,976.45 redundancy payment from the calculation. The adjudicator accepted the firm’s argument that Kenny should have continued seeking full-time work, while also accepting the difficulties of finding work during the pandemic and the circumstances of her pregnancy.