The Workplace Relations Commission ruled that it had no jurisdiction to hear Donal O'Donovan's unfair-dismissal complaint against Xerox IBS Limited after finding he had waived his right to pursue the claim in a severance agreement. The WRC decision was dated 28 September 2023.
O'Donovan argued that his redundancy was a sham and that he signed the agreement while distressed and fearing he would lose the severance payment. Xerox IBS Limited said the agreement settled all claims, including any unfair-dismissal claim.
The adjudication officer found that O'Donovan signed with informed consent. He had received the payment before signing and had twice been advised in writing that he could seek independent legal advice. The agreement included an ex-gratia payment of €20,524 and a taxable sum of €621.17.
The ruling concerned whether the agreement barred the claim; the merits of whether the redundancy was fair were not decided.