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redundancy -constructive dismissal

  • 14-07-2016 2:54pm
    #1
    Registered Users, Registered Users 2 Posts: 1,422 ✭✭✭


    I've a question thats been a subject of discussion where I work for some time.
    Our company has been taken over by a large multinational.We already know wo will be made redundant and when, and who won't.
    One of my colleagues wanted the redundancy,(10 years at employer with a 5 weeks per year served package and very employable elsewhere) but instead he has been re-allocated and will be doing an almost completely different job. Obviosuly, he is not happy with it, there is also no raise with the new poisiton either even though it has large responsibilities.It's basically a take it or leave it. Is there a way to apply constructive dismissal as in:

    "There will also be a dismissal if you have terminated your contract of employment in circumstances where, due to the behavior of your employer, your action is considered justified. This is known as constructive dismissal."

    some of feel he would be completely justified in this as there is no bonus option given to him, no raise but lots more responsibility including remote management of people in India...any ideas?


Comments

  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    He is entitled to the same conditions as before according to TUPE It is impossible to say whether there is any breach of his conditions without interviewing him and reading his contract of employment. Constructive dismissal is extremely difficult to make out and comprehensive from a suitably qualified practitioner should be obtained before attempting anything of the kind.
    Furthermore constructive dismissal has to be pursued at the WRC and going there alone often reduces employability so there might be a pyrrhic victory if anything. It is not worth getting damages for loss of employment if no job can be secured afterwards.


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