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Being made redundant

  • 23-05-2009 11:01pm
    #1
    FrankJames
    Closed Accounts Posts: 7 ✭


    Have an important question and I hope someone out there can give me some help. Have received alot of people's uptake on what is right and what is wrong.

    Being made redundant end of July. Staff is being cut from 10 to 4. Last in, first out is what the criteria is. I am No. 5 on list. I am a technician on shift. Our company is in 2 separate buildings on the same site.

    9 in one building (my building) and 1 (Engineer) in the other. The Engineer is working for the company longer than me so he is being brought over to my building to replace me.

    My question is this:

    People say that it is the "position" that is made redundant not the person. So can he be brought over to take my position?

    He has worked for a short time in my building doing the same job as me so he is definitely qualified.

    Any advice/proper legislation greatly appreciated.......


Comments

  • #2
    fguihen
    Registered Users, Registered Users 2 Posts: 669 ✭✭✭fguihen


    People have informed you correctly. Ireland/Europe have specific rules regarding this.

    You never make a person redundant, you make a position redundant. That position must not be filled for a min of 12(correct this duration if incorrect) months after it has been made redundant. If though there are for eg, 5 technician positions, the company can get rid of 1 or more of those, and distribute the work done by the lost positions over the positions that are left,but they cannot hire more people for those lost positions for the min period.

    This is to keep the redundancy process as fair as possible and prevent exactly what is happening here.

    As its a serious matter, and you are losing your job, I would most certainly bring this to the attention of management, and if needed, HR and an outside legal party.

    Good luck and let us know how it goes.


  • #3
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    FrankJames wrote: »
    9 in one building (my building) and 1 (Engineer) in the other. The Engineer is working for the company longer than me so he is being brought over to my building to replace me.

    Key questions: will the engineer ONLY be doing the work that you did, or will s/he also be doing other work? If s/he is only doing the work that you did, has something changed about it meaning that it now needs to be done by an engineer rather than "just" a technician?

    If s/he is ONLY doing your work, and there's no change in the skill/quals requirement for who's doing the job, then yes, you have grounds to challenge the situation.

    IMHO 'last on, first off' isn't actually the best policy: it only works if the people concerned are all in the same role, and the company just need less of that tole.


  • #4
    Newaglish
    Registered Users, Registered Users 2 Posts: 2,734 ✭✭✭Newaglish


    Provided the engineer is already employed by the same company it would be very difficult to prove he had taken over your role rather than assuming your responsibilities in addition to his own.

    You would definitely have a case if they actually hired another individual to replace you - that's a big no-no.

    If you feel the engineer is definitely and very clearly ceasing his own role to assume yours, it's probably worth have a chat with your solicitor just to be sure of what your rights are in this scenario.


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