The Workplace Relations Commission (WRC) found Philip Hanley was unfairly dismissed by Pbr Restaurants Limited Fish Shack Cafe and ordered the company to pay him €30,000 compensation. The decision was dated 9 January 2023.
Hanley had worked for the restaurant business since 2010, most recently as a manager. The company said pandemic-related financial pressures led to a genuine redundancy and that the process was fair. Hanley argued the redundancy was a sham, that he had not received proper consultation and that he was not offered suitable alternative work.
The adjudicator found the redundancy appeal had been handled improperly and that the company had not shown it considered alternatives for Hanley. The decision found the dismissal unfair and the complaint well founded. Unfair dismissal law allows compensation for losses caused by a dismissal, subject to the circumstances of the case.
The WRC noted Hanley had provided no evidence of job applications and was not fully satisfied he had used time each working day to look for work. It nevertheless ordered €30,000 compensation, in addition to payments already made, payable within 42 days of the decision.