This case concerned a claim that the complainant was unfairly dismissed as a genuine redundancy did not exist in the circumstances. He claimed that he had signed a notice of termination under duress and had not been afforded time to seek independent legal advice. The complainant stated that no justification for his redundancy existed, particularly given the fact that fifteen new employees were employed around the same time.

The court acknowledged that the respondent was entitled to restructure its business. However, it held that the respondent had not considered whether the complainant's redundancy was fair, nor looked into whether he could be redeployed to an alternative role. Accordingly, the Court held that the dismissal was unfair and awarded €5,000 in compensation over and above any monies he had received as a result of the termination of his employment. The complainant had been awarded €3,000 compensation in the original Adjudication Officer hearing.

https://www.workplacerelations.ie/en/Cases/2016/August/UDD1618.html