LCR22438

1.Implementation Of Appropiate Redundancy Terms

BACKGROUND:

2.
The case concerns a claim of constructive dismissal.



On the 16 March 2021, the Worker referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.

A Labour Court hearing took place on the 10^thJune 2021.

UNION'S ARGUMENTS:

3.1. The Company has undermined and downgraded the Claimant’s role without consultation or agreement. He is now in a diminished junior management role. He does not have decision making authority or an ability to contribute to the organisation. This has impacted his security of employment and undermined his employment in the company and any prospect of promotion. He feels diminished in his role, isolated in the workplace and removed from strategic decisions which have a personal impact on him. This has led to the Claimant to request redundancy.

2. The Claimant has made multiple requests to the company to clarify his role and his future in the company but nothing has been done.

3. The Claimant is now left without a role or position that compares to his former peers. This has been done without consultation, discussion, advance notice or agreement.

COMPANY'S ARGUMENTS:

4. 1. There is no plan to terminate the Claimant’s contract and the issue of redundancy does not exist.

2. Internal Dispute procedures of the company have not been used by the Claimant.

3. The company has provided the Claimant with a number of options, to remain in the company on his current terms and conditions, to remain on enhanced terms and conditions or to apply for voluntary redundancy. The company’s preference is for the Claimant to remain with the Company.


RECOMMENDATION:

The Court recommends that the Employer should engage in a full process of consultation and discussion with the Worker regarding any changes to his role and/or working arrangements.

The Court notes the Employer’s insistence that the Worker’s role is not redundant and that there are no plans to make the role redundant. Therefore, it is not necessary for the Court, at this point, to make any recommendation regarding possible redundancy terms.

	Signed on behalf of the Labour Court
SL	______________________
JULY 2021	Tom Geraghty