Dáil Éireann Debate, Wednesday - 27 May 2020
955. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection the obligation of employers regarding the selection of staff for lay-offs during the Covid-19 lockdown with particular reference to obligations to inform staff of the methods used. [7574/20]
View answerDismissal in circumstances where a genuine redundancy situation exists is regarded as one of the fair reasons for dismissal under the Unfair Dismissals Acts 1977 to 2015. However, unfair selection for redundancy is regarded as an unfair dismissal under those Acts.
When selecting a particular employee for redundancy, an employer is required to apply selection criteria which are reasonable and are applied in a fair manner. Employers must follow agreed procedures when making the selection. In instances where there is no agreed procedure in relation to selection for redundancy, the employer must act fairly and reasonably.
Employment equality legislation also prohibits selection for redundancy that is based on any of the following grounds: gender, civil status, family status, age, disability, religious belief, race, sexual orientation or membership of the Traveller Community.
A key issue in respect of selection for redundancy is that the selection process must be seen to be fair and non-discriminatory. If an employee considers that he or she has been unfairly dismissed, he or she may apply to the Workplace Relations Commission (WRC) for a hearing by a WRC Adjudication Officer of a case under the Unfair Dismissals Acts 1977 to 2007. If the Adjudication Officer finds that the dismissal was unfair, redress can take the form of either financial compensation, re-instatement or re-engagement.
Complaints can be made on an online complaint form available at the WRC’s website www.workplacerelations.ie. The WRC’s Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.
I trust this clarifies matters for the Deputy.
