The Labour Court allowed Mary Immaculate College’s appeal and changed the basis of the redundancy payment due to Dr Rosarii Griffin. It found she was entitled to four weeks’ pay per year of service inclusive of statutory redundancy, rather than the four weeks’ pay per year on top of statutory redundancy directed by the Rights Commissioner. The determination was signed on 7 December 2012.
Dr Rosarii Griffin worked for the college on a full-time fixed-term contract from February 2008 until January 2011, when she was made redundant. She argued that she received less favourable treatment than comparable permanent employees because she received only statutory redundancy. The college said her permanent position at University College Cork continued during her assignment and she returned there without loss of employment or income.
The Court found it had jurisdiction because the complaint arose during her direct fixed-term contract with the college. It identified the college’s catering staff made redundant in 2005 as the appropriate comparators; they had received four weeks’ pay per year of service inclusive of statutory redundancy. The Court found Dr Rosarii Griffin was entitled to payment on the same basis and noted she had already received the statutory payment.