The respondent operates computerised testing centres and provides a theory test for learner drivers. The claimant was employed there as a mobile driver tester in Cork. 

The company decided to take action to control costs following a decrease in the business and looked to change their cost structure. Employees were kept informed of any changes through employee representatives. The claimant however, claims that he never received any communication from the employee forum and was only informed of the redundancy process at a later meeting. 

Following a review period, in which alternatives to redundancies were suggested, like reduced work hours of all employees, a decision was made to reduce staffing levels. Selection criteria were decided and, on the basis of these criteria, the claimant scored the least amount of points and, as a result, was notified that his position was to be made redundant.

The tribunal was of the opinion that the procedures that were used to bring about the claimant’s dismissal were flawed. The tribunal awarded the claimant €25,000 by way of compensation. 

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