Redundancy

Shanotheslayer

Hi all,

Firstly I'm posting on behalf of someone close to me. Person X.

X position currently '' No Longer exists''. However the company has just renamed the position all roles and responsibilities are the same.

X was advised that they would then have to have a 'suitability' conversation - They didn't use the word '' interview'' even though it is an interview.

It's my understanding a position cannot no longer exists if the roles and responsibilities remain the same and people then have to interview for this position?

Is the company trying to just get rid of staff post COVID19? As far as I know this isn't legal? Would anyone have any recommendations on how to proceed?

Kind Regards,

Shano

nuac

Mod
Cannot give legal advice here. Leaving open for general discussion subject to forum rules

Lenar3556

Shanotheslayer wrote: »

Hi all,

Firstly I'm posting on behalf of someone close to me. Person X.

X position currently '' No Longer exists''. However the company has just renamed the position all roles and responsibilities are the same.

X was advised that they would then have to have a 'suitability' conversation - They didn't use the word '' interview'' even though it is an interview.

It's my understanding a position cannot no longer exists if the roles and responsibilities remain the same and people then have to interview for this position?

Is the company trying to just get rid of staff post COVID19? As far as I know this isn't legal? Would anyone have any recommendations on how to proceed?

Kind Regards,

Shano

Your understating is generally correct, but the full facts of the situation would need to be assessed and understood.

The workplace relations commission is usually the statutory recourse for an employee when the relationship between them and employer fails and a wrong is alleged. That is likely to take 8-10 months plus for hearing. The award could be significant if a dismissal was found to be unfair and the employee had been unable to secure alternative employment since.

Life is short, It’s always best to see can mutual consent be reached in a given situation. Would suggest you friend takes independent legal or HR advice from somebody suitably experienced.

Stanford

A classic definition of redundancy is that it must be independent of the job holder i.e. the position must be abolished for a genuine redundancy to occur, the WRC is the place to argue this point