Any dismissal under the Unfair Dismissal legislation is presumed to be unfair until the employer proves it was fair.
This places a heavy obligation upon the employer to ensure that before dismissing any employee they have followed proper procedures and the grounds for dismissal are reasonable.
Failure to prove a dismissal was fair will result in a workplace relations commission awarding one of the following:
As an unfair dismissal may take up to one year to be heard in a tribunal any finding invovling compensation may be very costly. Not only is it vital to treat individuals being made redundant fairly and accordance with all the relevant Acts:
It is also important to remember that the on-going business effectiveness will essentially be dependent on the morale of the survivor.
If a redundancy programme is required, it needs to be managed carefully, EPA will ensure all legal requirements and fair selection processes are followed including:
Redundancy is not an easy time for anyone – management and staff alike. We acknowledge this and can approach the sensitive issue of redundancy with all concerned.