The Workplace Relations Commission awarded Tom Barry €10,000 after finding he was discriminated against on the ground of age when he was denied a redundancy payment. The decision, dated 26 October 2023, also awarded him €605 for the failure to provide a written contract.
Barry worked as a sales manager from 2016 until September 2022 and earned €605 fortnightly. He said he was made redundant without payment and had not received a contract. The employer said financial difficulties led it to lay off two staff and that Barry had been advised he was not eligible for redundancy.
The adjudicator found Barry was entitled to a redundancy lump sum, subject to his having been in insurable employment during the relevant period. The decision lists gross weekly pay of €302.50 for the calculation. It found his complaint about minimum notice not well founded because both sides accepted he had been paid €1,000, although late.
The adjudicator found the employer had not provided evidence of a written contract and awarded €605 compensation. Barry was 68, and a younger colleague who was also made redundant had received a payment. The employer gave no further explanation for withholding Barry’s payment, and the adjudicator found age discrimination.