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WRC awards Kevin Barry €10,000 for unfair dismissal

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Kevin Barry €10,000 compensation for financial loss after finding his dismissal by Parish Life Limited trading as Premier Insurances unfair. The decision, dated 20 February 2023, found the company’s redundancy selection process was not transparent or fair.

Barry, who had worked in insurance and joined the company in 2015, challenged his selection for redundancy. The company said a business downturn and a move away from his area of expertise had led to a genuine redundancy. Barry argued that the selection criteria were vague and the scoring did not make sense.

The adjudicator found the criteria of knowledge, skill and experience were vaguely defined, and that the selection matrix did not fairly and consistently assess employees against relevant standards. Barry was the only employee made redundant. The adjudicator also found no evidence that the business had failed to recover its pre-pandemic turnover by the hearing. Barry had remained on layoff for well over a year with little communication from the employer, but had not made a meaningful effort to find alternative work. That was relevant to mitigating his financial loss and the compensation awarded. Barry withdrew two separate complaints under the Organisation of Working Time Act 1997.

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