Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
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How a redundancy is managed is subject to the statutory Test of Justification, section 103A, that is what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occured.
Unfair Dismissal Unfair Dismissal Redundancy Redundancy
The Employment Court upheld a determination of the Employment Relations Authority that an employer pay its former employee substantial compensation for hurt and humiliation in remedy of the redundancy having been found unjustifiable. Continue reading
