Case Number: ADJ-00026328. Workplace Relations Commission

• Docket Number: ADJ-00026328
• Date: 08 October 2020
• Court: Workplace Relations Commission

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 13 of the Industrial Relations Acts 1969 and following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.

Background:

The Complainant commenced employment with the Respondent, a technology services company, on 17 May 2017, in the role of Senior Service Delivery Manager. In about December 2018/January 2019, the Respondent was informed that it had lost a contract, which represented its core business in Ireland. As a result, the Complainant, who was one of two employees employed by the Respondent in Ireland, was put on notice that her role was at high risk of redundancy. Following a consultation period, during which an opportunity for work outside of Ireland, on a contract basis, was offered to, but declined by, the Complainant, her employment was terminated by reason of redundancy on 3 May 2019. On 20 December 2019, the Complainant submitted two complaints to the Director General of the Workplace Relations Commission. These complaints consisted of claims under: (a) the Industrial Relations Act, 1969, - complaint reference CA-00033386 and (b) the Unfair Dismissal Act, 1977, - complaint reference CA-00033387.

Decision/Recommendation:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

and

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

The complaints, as set out above, were referred to me for investigation. A hearing for that...