The relationship between the parties was fraught. Indeed, the tribunal noted that there was no rapport between the employee and employer. The tribunal accepted that the employer was minded to allow the pre-Montessori class to become redundant; the class for which the claimant was responsible.

The respondent subsequently informed the claimant that there had been an unprecedented downturn in business, calling for a need for voluntary redundancies; the claimant was of the impression that this was to allow the "natural severing" of the employer/employee relationship.

The tribunal held that the respondent had "manufactured" circumstances to allow them to lay off the claimant. For this reason the tribunal found that the layoff was not genuine and did not qualify under the definition under Redundancy Payments Acts.

The tribunal noted that, "Also the employer has to have a reasonable belief that the situation was temporary. The employer never believed this was a temporary situation as by doing nothing to fill the pre-Montessori class the employer was in fact ensuring its demise."

The Tribunal "very firmly recognises that the Respondent employer behaved in such a way so as to orchestrate the demise of the pre-/Montessori class and the consequent obliteration of the claimant's post." The claimant had little option but to leave.

The claimant got what she could out a bad situation, in the tribunal's opinion, by seeking a redundancy payment. The tribunal took into consideration this payment of €7, 000 that the claimant received as a redundancy package and awarded her a further €10, 000 for the unfair dismissal.
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Practical lessons from this case:

This case demonstrates that "manufacturing" circumstances in order to justify dismissing an employee is dangerous and will result in an unfair dismissal finding if the tribunal finds evidence of same.