The Workplace Relations Commission found that Fionnan Martin was unfairly dismissed during the Covid-19 restrictions and ordered his reinstatement to the sales executive position he held before his dismissal. The decision was dated 31 May 2022.
Martin worked for Denis Mahony Limited from March 2018. The company said it made him redundant in April 2020 because the business had closed during lockdown and selected him under a last-in, first-out approach. Martin said he was the only employee made redundant from the sales teams and that the company did not consult him or consider alternatives. The adjudication officer found the company had not established a genuine redundancy situation. Temporary lay-off and the wage subsidy scheme were not considered, and Martin was not consulted about alternatives. The business reopened in May and the sales team returned to work. Martin had said he was willing to return to his former role.