Reasonableness in the Redundancy Process - Avoiding the PitfallsPosted in : LK Shields on Employment Law on 23 March 2012 Issues covered:
Although redundancy legislation provides certain rules with regard to what constitutes a genuine redundancy, a dismissal by reason of redundancy can be deemed unfair if the employer is not considered to have acted reasonably. What constitutes reasonableness on the part of an employer has become somewhat clearer in recent years, although each case will depend on the circumstances.
Section 5 of the Unfair Dismissals (Amendment) Act 1993 provides that, "...In determining if a dismissal is an unfair dismissal, regard may be had ... to the reasonableness or otherwise of the conduct (whether by act or omission) of the employer in relation to the dismissal".
Certain factors have established
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
This article is correct at 06/08/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.