Zeus Packaging Group (Represented by HR Space) v Ms Gráinne O'Hara

• Jurisdiction: Ireland
• Judgment Date: 06 December 2022
• Judgment citation (vLex): [2022] 12 JIEC 0604
• Docket Number: FULL RECOMMENDATION ADJ-00030274, CA-00040515-001 DETERMINATION NO. UDD2269 SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015
• Court: Labour Court (Ireland)

PARTIES:

Zeus Packaging Group (Represented by HR Space)

and

Ms Gráinne O'Hara

FULL RECOMMENDATION

UD/21/81

ADJ-00030274, CA-00040515-001

DETERMINATION NO. UDD2269

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

Full Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Marie

Worker Member: Mr Bell

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No(s) ADJ-00030274, CA-00040515-001.

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 13 December 2021 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 8 November, 2022. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal by Ms O'Hara against an Adjudication Officer's Decision ADJ-00030274 given under the Unfair Dismissals Act 1977 to 2015 (the Act) in a claim against Zeus Packaging Group that she was unfairly dismissed by reason of unfair selection for redundancy. The Adjudication Officer upheld her complaint and awarded compensation of €10,000, less the statutory redundancy amount that she had already received.

4 In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Ms O' Hara is referred to as the Complainant and Zeus Packaging Group are referred to as the Respondent.

Summary of Complainant's submission

5 The Complainant commenced employment with the Respondent on the 8th of May 2017 as a Business Development Executive and Sales Representative. Her role involved providing support to clients and selling merchandise. Arising from the COVID Pandemic the Complainant was placed on temporary layoff with effect from 24th March 2020. On the 1st April 2020 she received correspondence from the Respondent advising that they would not be paying her wages and that she should apply on line towww.mywelfare.iefor payment. The Complainant submitted that she continued to work with clients as requested by the Respondent until 22nd April 2020 when her computer access was blocked.

6 On the 1st May 2020 she received a letter advising that her temporary lay-off was being extended. On the 18th May she received a letter informing her of changes to the sales role and on the 26th May 2020 she received a letter advising her of operational changes to her role. By letter of the 27th May 2020 she was asked to return the company car. Following a phone call on the 26th June 2020 she received a letter from the Respondent advising her that as per the telephone conversation earlier that day, there was a potential that her role might be made redundant. A further telephone conversation took place on the 10th July 2020 where she was informed that she was being made redundant.

7 The Complainant submitted that in the course of the conversation on the 10th July 2020 the Respondent was unable to identify the selection criteria used in coming to the decision. The Complainant asked for an opportunity to meet and engage with them as she had some thoughts around changes to her role which might mitigate the need to make it redundant. On the 14th of July 2022 the Complainant emailed the respondent setting out a list of reasons why she should be kept in employment. A response was received by email of 16th July 2022 advising that due to COVID a meeting could not be arranged and that two consultation meetings had taken place and she had been provided with all relevant documents. The letter went on to say that the Respondent would continue to search for alternative employment for her within the company. The Complainant responded seeking details of the skills matrix used and by letter of 17 July 2022 was given a list of headings and told that the matrix was filled in for all employees. The Complainant sought further information in respect of the matrix, but this was not provided. By email of the 24 July 2022 the Complainant was informed that her employment had been terminated by way of redundancy. The Complainant submitted that the process engaged in by the...