A recent Tribunal decision, whilst unremarkable in the facts of the case or the determination made in favour of the employee, does warrant reviewing in light of the breakdown of compensation payments made to the employee.
In the case of Employee -v- Employer (UD2455/2010) the employee was made redundant after 10 years with the company and received a redundancy payment at that time, however on hearing the case the Tribunal awarded €63,344.90 for unfair dismissal due to the employees role still existing within the business.
In the determination the Tribunal clarifies their award and breaks down the sums by which they arrived at the amount;
- 61 weeks pay at €912.90 per week - compensation from date of termination to date of starting a new role
- 20 weeks pay at €337.90 per week - compensation for differential in pay in his new employment up to date of liquidation on 20th April 2012
- a sum in respect of a redundancy payment - €1900.00 - additional redundancy from the period from date of termination to date of liquidation
Employers have consistently raised issue with the nature of employment awards and there being no real idea of what could be awarded in circumstances, however should other Tribunals follow suit and tis becomes the new way forward for determinations, as promised by Minister Bruton, the issue of awards may be more transparent, and less of a guessing game for employers and employees alike.
