The Workplace Relations Commission awarded Sharon McCauley €50,000 after finding she was unfairly dismissed from her job as a legal executive at Miley & Miley LLP. Adjudication officer Brian Dalton dated the decision 24 March 2022.
McCauley said the firm used the pandemic downturn to target her for redundancy. The firm said declining litigation work and fee income led to the decision after several consultation meetings, and that her role was unique.
The WRC also awarded her €2,692.34, less statutory deductions, for a 14-day shortfall after her hours were cut from five days a week to three. It found there was no specific contract term allowing the cut and no evidence it was applied fairly. The firm’s failure to consider alternatives to redundancy, including the employment wage subsidy, significantly contributed to her loss. The award was 52 weeks’ pay, taking account of her efforts to mitigate that loss and her short-term new job.
Her other complaints about wages, working time and minimum notice were not well founded. The WRC said she had received her contractual notice and unused holiday pay, and found there was insufficient evidence for several of the claims.