Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.
Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.
Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.
Background:
The Complainant was employed by a bus operator as a bus driver for a parking shuttle at Dublin Airport. When the COVID-19 pandemic arose, this business was severely affected, and in October 2020 the Complainant was laid off from his employment. On 6 April 2021, a representative of the Respondent advised the Complainant in writing that his former employer had ceased trading, and that an associated company, Citibus, wished to engage the Complainant in alternative employment.
The Complainant alleged this offer indicated a termination of his employment with his employer. He alleged the Respondent’s offer of employment was so significantly different and less favourable than his current employment that he could not be expected to accede to the transfer.
The Respondent said the letter was intended to commence a consultation with the Complainant, and the Complainant’s decision to leave his employment with the Respondent and join another company as a bus driver did not constitute a dismissal but rather a resignation. Because of this, the Respondent did not have an obligation to pay the Complainant a redundancy payment.
Decision:
The Labour Court agreed with the prior decision of the adjudication officer and found that the letter provided to the Complainant by the Respondent could not be reasonably construed as a dismissal. The Complainant’s decision to leave the Respondent’s employment for another job was not a redundancy situation and therefore no payment obligation for redundancy arose.
Practical Guidance for Employers:
When a redundancy situation arises, it is advisable to offer those at risk of redundancy alternative suitable employment. If this is done, the terms are either the same or comparable with the employee’s prior terms, and the process allows the employee to engage in a consultation process on the offer, it may relieve an employer of the obligation to pay a redundancy payment.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/october/rpd2311.html
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