The Workplace Relations Commission found Michael Browne was unfairly dismissed by Maguire Mechanical Limited and ordered €6,084 compensation. The decision was dated 7 October 2022.
Browne worked as a general operative and was paid €702 gross a week. He was dismissed for redundancy on 26 May 2021 while on lay-off. He said the dismissal came shortly after he asked about his position and that the company had not consulted him or considered alternatives. The company said the sole general-operative role no longer fitted its project requirements, which called for qualified tradespeople and registered apprentices.
The WRC found no evidence that the dismissal was fair in substance or procedure, or that the selection was fair. The company had not contacted or consulted Browne during his lay-off before deciding to dismiss him. The appeal was also reviewed by the same management team involved in the original decision. Compensation was set at two months' pay; the adjudication officer said Browne's evidence of efforts to limit his losses was limited. The €6,084 is in addition to the statutory redundancy payment already paid.