The Workplace Relations Commission found that Amanda McKeown was unfairly dismissed by Retro Fit Design Limited and awarded her €25,000 compensation, less the statutory redundancy payment she had received. The decision was dated 12 January 2024.
McKeown worked mainly in accounts and was also a 50% shareholder, director and company secretary. The company said financial pressure had led to a genuine redundancy and that her duties could be absorbed by the general manager and another employee.
The adjudicator accepted that a redundancy situation may have existed, but found the process flawed: no formal board record authorising the redundancy was produced, despite McKeown being an equal shareholder and director. The adjudicator also found that the marital breakdown significantly influenced her selection and that the company had made no reasonable effort to find alternative work or reduced hours. These findings led to the unfair dismissal decision. The compensation was reduced in view of the possibility that the redundancy could otherwise have been justified, McKeown’s limited evidence of job seeking and her new employment. The €25,000 award is before deduction of the redundancy payment; the decision does not state a net amount.