THE number of unfair dismissal claims is due to rise dramatically, according to a leading Limerick employment law expert.
At a seminar on Legal Issues in this Economic Climate, it came to light that lack of knowledge of legal obligations when it comes to laying-off staff could lead to unprecedented numbers of unfair dismissal claims.
Law expert Michelle O’Riordan of Holmes O’Malley Sexton Solicitors, also warned that management who view the downturn as an opportunity to dismiss staff they deem not up to the task are also likely to find themselves breaching Employment Law and brought before the Tribunal as a result.
Ms O’Riordan stated that many companies are “not aware of their obligations under employment law regarding the steps they must take in letting people go.
“Companies should ensure they have a robust redundancy procedure in place. Such a policy should include considering the alternatives to redundancy, selecting an appropriate pool of employees, meeting with them and discussing the selection criteria which will be used to select the employees for redundancy”.
She continued: “A lot of companies also are looking at the downturn as an opportunity to shed staff members that they don’t believe are up to the task and replace them with better ones instead.
“Because an employee is not good at their job does not constitute a reason for dismissing them by reason of redundancy.
“It is the job and not the person that becomes redundant and companies will most definitely leave themselves at risk of being brought before the Employment Appeals Tribunal if they lay someone off and immediately refill that same position. You would be surprised with the amount of companies that are not aware of these basic responsibilities under employment law”.
