Unfair Selection for Redundancy Claim Fails-€10,000 Ex Gratia Payment Offer Rejected

The claimant, an administrative training and development co-ordinator, fails in her claim for unfair dismissal as a result of her redundancy.

Employer, large multi-national engineering company-claimant responsible for administrative training and development co-ordinator role lending support to apprentice electricians employed by the company-organised internal executive courses in leadership management and skills enhancement-downturn in construction industry-large number of redundancies-claimant made redundant-company then advertised for 2 corporate human resource positions-company claimed claimant did not have necessary experience or requirements-paid her statutory redundancy and one month’s notice-also offered €10,000 ex-gratia payment-claimant declined to accept-claimant got massive shock at meeting advising she was to be made redundant-became emotional and did not speak at meeting-not allowed to retrain or accept another role-needed time to think about €10,000 offer-required to sign a waiver form-EAT had enormous sympathy for claimant-excellent worker-however, genuine company restructuring-genuine redundancy-no unfair selection for redundancy-respectful response by company to cross examination during EAT hearing-claimant traumatised by redundancy-may have affected her decision to accept ex gratia payment-claim under unfair dismissals acts fails-received her statutory redundancy entitlement-received her notice of termination-minimum notice and terms of employment acts claim fails also.

For claimant: Elaine Power BL, instructed by McMahon English solicitors

For respondent: Brian Gageby BL, instructed by William Fry solicitors

Decision published: 12th April, 2013

Read Full EAT decision here