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Take unfair dismissal case and still get redundancy?

  • 26-02-2015 8:54am
    #1
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭


    Hi all,

    When you receive your redundancy I guess you are waiving your rights to take any further claim against the company such as unfair dismissal.

    I may need to take a case for unfair dismissal however if I do I couldn't manage financially without the redundancy payment.

    I just wanted to clarify what I guess is correct.

    Many thanks.


Comments

  • #2
    endacl
    Registered Users, Registered Users 2 Posts: 22,410 ✭✭✭✭endacl


    It's not a case of waiving rights. You can only leave employment under one set of circumstances.


  • #3
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    If you are dismissed, you can take an unfair dismissal case.

    If your position is made redundant, then you get redundancy - but you weren't dismissed.

    There may be some room to argue that the position was unfairly selected for redundancy - but if you won that, you wouldn't be redundant any more!

    Seriously OP - talk to a real lawyer, not us on the interwebs who know very little about either the details of the law or your circumstances.


  • #4
    Gerry T
    Registered Users, Registered Users 2 Posts: 1,457 ✭✭✭Gerry T


    Again I'm not a legal eagle, but if your position was made redundant (people are not made redundant) and within a time period -- say first 12 months some one else is put into the same position then you may have a claim for unfair dismissal.

    But if the company went through restructuring, and as part of that your position was split across different job rolls, so now someone is doing part of your old job plus other parts then you may not have a claim.

    You would need to talk to a professional, in this area and give a lot more detail, which I'm guessing your reluctant to share on this forum. Suffice to say it may be possible to get redundancy and also claim for unfair dismissal ---- even if your redundancy contract were to have a clause precluding you from making such claims.


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