The Workplace Relations Commission found that PFH Technology Group 'fell short' on its legal obligations. Photograph: Colin Keegan / Collins DublinAn IT engineer facing redundancy who was deemed “unsuitable” for an alternative job, in part because he didn’t have a level 8 college degree, has won close to €18,000 for unfair dismissal on top of his statutory severance pay.
The tribunal made its findings in a decision on a complaint by Paul Atkinson under the Unfair Dismissals Act 1977.Ireland income tax: What would Sinn Féin’s policies mean for you? Giving evidence, Mr Atkinson told the WRC he had gone from a five-day week to four and taken a cut in salary from €3,407 a month to €2,971 in October 2021, following a bereavement. He had been asked to go back to five days, but refused, and believed the four-day work pattern “wasn’t welcomed” by the client company and that his relationship with his manager “deteriorated”.
The company and its witnesses denied that there had been any consideration of Mr Atkinson’s performance. The evidence of PFH Technology’s head of recruitment, Carmel Holmes, was that there was “no clear contingency” in the company on where an employee would go next when a contract ended and “circumstances enter a fluidity around re-hire”, the tribunal noted.
In her decision, Ms Doyle found that “insufficient regard” was paid by PFH Technology to Mr Atkinson’s permanent status and that the “rush to redundancy was too hasty”, as her view was that the complainant could have gone on lay-off.
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