WRC awards former Coroner’s legal secretary €8,040 for unfair dismissal

The Workplace Relations Commission found Mary McInerney was unfairly dismissed by Isobel O'Dea, Coroner for County Clare, and awarded her €8,040. The decision was dated 16 May 2023. McInerney worked as O'Dea’s legal secretary from 2008. She said she had been laid off during the pandemic, sought clarity about returning to work or redundancy, and was later made redundant without consultation. O'Dea said McInerney had initiated redundancy and that changes to the Coroner’s administrative work had reduced the need for the role. The adjudication officer found McInerney’s January 2021 email asked about her job status rather than giving notice that she wanted redundancy. The officer also found there was no proper consultation or consideration of alternatives, and did not accept that the work had changed as claimed. The WRC found McInerney was unfairly dismissed and awarded €8,040, based on financial loss of €120 a week over 67 weeks. The WRC also found McInerney entitled to the correct statutory redundancy payment, subject to her having been in insurable employment during the relevant period. The €2,889.60 already paid is to be deducted if the correct figure is higher. She was not entitled to minimum notice because she worked seven hours a week.