Digital River Ireland Limited must pay former Senior Director of Sales Kevin Foley €168,682.09 gross after the Workplace Relations Commission found his dismissal unfair. The decision, dated 27 May 2024, said the redundancy was genuine but the appeal process was seriously flawed.
Foley argued that the redundancy was not genuine and that Digital River had failed to consult properly or consider alternatives. The company said it restructured its global sales team and had no suitable alternative role available. The WRC accepted that the dismissal arose from a genuine redundancy situation.
The adjudication officer found that Foley was denied a hearing on appeal, despite the employer’s procedures indicating one, and that the appeal officer was junior to those involved in the redundancy decision. Foley made efforts to find work and secured another suitable job eight months after his dismissal. The award is compensation for the unfair dismissal and was payable within 42 days of the decision.