WRC Finds Purported Redundancy to be an Unfair Dismissal – Award Capped at Four Weeks’ Remuneration for Failure to Mitigate Loss

This decision is another recent example of the importance of fair procedures in a redundancy consultation process and, in particular, ensuring that due consideration is given to possible alternatives. In this case, the Workplace Relations Commission (“WRC”) found that the Complainant was unfairly dismissed. The WRC noted the Respondent’s decision to hire another employee to fill his position shortly after terminating his employment, along with its failure to offer the Complainant alternative employment notwithstanding the continued need for his skill set.

Facts: The Complainant, Mr Mark McHugh, was one of the founding members of the Respondent company, Gecko Operating Limited. He commenced employment with the Respondent as an IT Specialist in 2017. The Complainant developed and maintained bespoke software to assist financial institutions with regulatory compliance. He was responsible for maintaining all the technical aspects of the product.

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