| Record award for unfair dismissal |
The former manager of a software company who was unfairly dismissed was awarded €175,000 by the Employment Appeals Tribunal.
The claimant had worked with the company since it was a start-up in 1999, progressing through the ranks to become general manager. In 2007 the company was subject to a takeover and following the takeover his title changed from general manager to sales manager. Assurances were given that there would be no redundancies.
Even though his division significantly exceeded its target for the first quarter of 2008, he was made redundant. The EAT ruled that he had been unfairly selected for redundancy, that important company information had been kept from him and that the redundancy was in part engineered by moving him into a division that would make a loss due to the size of his salary and that this was a “device or contrivance to bring about the claimant’s redundancy.”
If unfair selection criteria are used in selecting employees for redundancy, or if the redundancy is not genuine, the maximum penalty of two years remuneration can be awarded under the unfair dismissals legislation.
It is also worth noting that all dismissals are deemed to be unfair until the employer can prove otherwise.
If you face any employment law issues, please contact us immediately. It is important to act without delay in this type of case. |
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