Redundancy – The Legal Implications with Avril Quinn

Redundancy – The Legal Implications

A redundancy situation is highly regulated in Ireland.  Below is an outline of the technical and organisational issues to be addressed in a downsizing scenario.  Employers should seek advice from professionals in this area when considering and implementing redundancies.

When does a redundancy occur?

An employee is dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to:

a.       the fact that the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed, or in the place where the employee was so employed, and/or

b.       the fact that the requirements of that business for employees to carry out work of a particular kind in the place where they were so employed have ceased or diminished or are expected to cease or diminish, and/or

c.       the employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee has been employed to be done by other employees or otherwise, and/or

d.       the fact that the employer has decided that the work for which the employee had been employed should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, and/or

e.       the fact that the employer has decided that the work for which the employee had been employed should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained, and/or

f.         an employee terminates his or her contract of employment because of the conduct of the employer, for example, where an employer drastically alters the terms of the contract.  In this situation the employee needs to satisfy the Employment Appeals Tribunal that they are justified in their action before the entitlement for redundancy is sustained, and/or

g.       an employee gives written notice of termination of their contract of employment where he or she has been laid off or kept on short-time, and/or

h.       where a redundancy situation exists within a company and the employer asks for volunteers, an employee who volunteers is entitled to redundancy provided he or she satisfied all other statutory requirements

The Legal Framework:

Redundancy Payments Acts 1967 – 2007

Protection of Employment Acts 1977 – 2007

EC (Protection of Employment) Regulations 2000

Protection of Employees (Employers Insolvency) Acts 1984 – 2001

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

Source: IBEC

THE CV DOCTOR – YOUR PASSPORT TO EMPLOYMENT

Avril Quinn is the manager of CV Doctor – Your Passport to Employment – Avril has extensive experience in Human Resources and Career Coaching and is educated to Masters Degree Level.  Having worked in both the public and private sector she brings a wealth of recruitment experience and she is also a Chartered Member of the Charted Institute of Personnel & Development, UK & Ireland.

Should you need Avril’s assistance in relation to your CV and job search or any other employment related matters you can contact her using the following contact details;

The CV Doctor

Tel – 086 2356660

Email – yourcvdoctor@gmail.com