Oireachtas Joint and Select Committees

Tuesday, 6 November 2012

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations Service: Discussion with Employment Appeals Tribunal

2:25 pm

Mr. John Horan:

I thank the Chairman for his forbearance but to add to what we have just been saying, there is an element of unfair dismissal cases that is to do with redundancy. Redundancy cases fall into two broad categories. There is the case where someone is genuinely made redundant but the payment made to them was calculated incorrectly and they make a claim under that heading. That is straightforward and can be dealt with administratively. However, there are other genuine redundancy cases but people are claiming they were unfairly selected for redundancy, that they should not have been made redundant and that it should be one of their colleagues or whatever and, in effect, these become unfair dismissals cases. We must draw a distinction between those two types of case. They are redundancy cases but one of them has a broad element of possible unfair dismissal and we believe that sort of case should be permitted to be brought forward and should come to this body. Over 90%-----