The Complainant was employed since February 2001 with the company as a Distribution/Despatch Supervisor.  He lodged a complaint of bullying and harassment against a colleague on 5th July 2016, and attended a meeting with the HR Director the following day to address his concerns.  The Complainant was then absent on certified sick-leave, being certified fit to return to work in March 2018. It was hoped the Complainant could return to work following full assessment.

A meeting took place with the Complainant on the 20th of March 2018 to discuss role changes, changes in reporting lines and potential redundancies. Initially, the Complainant opted for redundancy but then decided to apply for the role of Distribution Manager. The Complainant attended the interview for the role of Distribution Manager and was unsuccessful. One of the interviewers was another Manager to whom he had not spoken to for 7 years. The marking scheme had no criteria for ranking nor did it confirm what a pass or fail was.

The Complainant was told that his 8 weeks' notice began on the 20th March 2018 when he was notified of his redundancy.  Redundancy monies of €19,692 were paid in May 2018 along with 41 days annual leave and outstanding public holidays. The Complainant maintained that it was a dismissal disguised as a redundancy and fair procedures were not applied.

The Respondent denied the claim of Unfair Dismissal and submitted that the Complainant was the only remaining employee of the Respondent in the Distribution Supervisor role.  After acquisition of the Respondent in September 2017, a consultancy company conducted a detailed review of the organisation and generated a new strategy and headcount structure which was accepted by the Board.

The Adjudication Officer found that the Complainant was unfairly dismissed and the dismissal was not wholly or mainly due to redundancy. Accordingly, the Complainant was awarded compensation of 2 years’ salary less redundancy payment of 19,692.00 euro which amounted to €63,196.00.
https://www.workplacerelations.ie/en/cases/2020/march/adj-00016040.html