Case Law

April 9, 2026
WRC Reference: ADJ-00057077 / 11 th March 2026 A recent decision of the Workplace Relations Commission (WRC) has highlighted the importance of fair procedures, genuine consultation, and meaningful engagement in redundancy processes, particularly where senior executives are involved. Background The Complainant was employed by the Respondent for over 24 years, beginning in 2000. Over the course of her career, she progressed to the senior role of Managing Director, EMEA GLT, with a base salary of €275,000, alongside bonus and equity participation. In mid-2024, the Complainant’s role was significantly altered following an internal restructuring. She alleged that this amounted to an effective demotion, with key responsibilities removed without consultation or warning. Shortly afterwards, the situation escalated. The Complainant was placed on sick leave and raised a formal grievance regarding the changes to her role. That grievance was not upheld, and the appeal outcome confirmed the employer’s position. In October 2024, the Complainant was informed that her role was at risk of redundancy. A consultation process followed, during which she was placed on garden leave. Despite raising concerns and requesting further clarity around her role and terms, her employment was ultimately terminated by reason of redundancy in November 2024. The Complainant subsequently brought a claim for unfair dismissal. WRC Findings The Respondent conceded at the hearing that the dismissal was unfair. The Adjudication Officer noted that the Complainant had been employed in a very senior position for over two decades and had progressed through multiple promotions, ultimately holding a Managing Director role. It was accepted that significant changes had been made to her responsibilities prior to the redundancy process, which formed part of the broader context leading to the breakdown in the employment relationship. While a redundancy process was carried out, the key issue before the WRC was the fairness of the overall dismissal. Given the Respondent’s concession, the WRC found that the Complainant had been unfairly dismissed. Decision The WRC upheld the complaint of unfair dismissal and awarded the Complainant €142,984 in compensation A separate complaint relating to notice was rejected on the basis that statutory notice had already been included in the termination payment. Key Takeaways for Employers This decision highlights several important points for employers, particularly in the context of senior-level restructurings: Role changes must be handled carefully, particularly where they may amount to demotion in practice. Consultation must be genuine and meaningful, even at executive level. Grievances should be addressed thoroughly and fairly before moving to redundancy. Redundancy processes must be clearly separated from performance or role disputes. Senior employees are entitled to the same procedural protections as all employees. Even where restructuring is commercially justified, employers must ensure that process and communication are properly managed to avoid unfair dismissal findings. Conclusion This case serves as a reminder that long service and seniority do not reduce the employer’s obligations under employment law. Where role changes, grievances, and redundancy processes overlap, employers must take particular care to ensure fairness at every stage. Failure to do so can result in significant compensation awards, as demonstrated by the €142,984 award made in this case. Tara Daly
New Codes of Practice for Employers and Employee on the Right to Request Flexible and Remote Working
By Tara Daly March 21, 2024
In this article, we discuss the purpose of WRC Codes of Practice for remote working and share insights into what qualifies as remote work, what elements to include in both a remote working request and an employer's response.
By Christina Clarkin February 12, 2021
Lessons to take away from the recent WRC decision on ‘Remote Working’ The WRC, in a recently well publicised case, found in favour of an Operations Administrator claim for Unfair Dismissal in a Facilities Management Company. The employee claimed she was constructively dismissed following a refusal by her employer to put measures in place, in this case working remotely, to address her health and safety concerns in relation to COVID -19. Constructive Dismissal arises where it is considered reasonable for an employee to terminate his/her employment due to the conduct of their employer. The bar is quite high for an employee to win such a case, as the burden of proof is on the employee to prove that they had no choice but to leave, which is why this case is of significance. Can Essential businesses refuse Remote Working? Whilst some employers are of the view because they are considered ‘essential’ workplaces, they can use this as a reason to refuse such requests, this case shows employers cannot adopt such a blanket view on the matter. Currently we are operating under Level 5, which stipulates that people should work from home, unless it is essential for them to be in work. This is in addition to considering any health and safety concerns raised by employees and whether operationally it is possible to accommodate them. Employers have a Duty of Care to employees and must ensure the safety, health and welfare of their employees. This means carrying out risk assessments and identifying, where possible, if a risk can be eliminated, and if not, whether adequate control measures can be put in place to manage the risk. In this case the Adjudicator believed “ the requirement that the complainant attend the workplace without such adequate consideration of the elimination of risk, amounts to repudiation of contract. This arises as providing a safe place of work is a fundamental term of the contract of employment. The respondent did not comply with the statutory framework by first seeking to eliminate risk, causing the complainant to attend work in greater danger. In this case, the risk could have been readily eliminated or reduced through ‘reasonably practicable’ steps, as suggested by the complainant. Mitigation is not equivalent to elimination.” So, does this mean that employers must accommodate Remote Working? No. Firstly this decision has nothing to do with the right to work remotely but all to do with Covid and Health and Safety. Employers are still within their rights to refuse remote working. However, this case demonstrates the importance of being able to show that any such refusal was made following a risk assessment and to be able to demonstrate why objectively, it is not operationally feasible. In addition to the proposals for remote working strategies of the Government, the case further signifies that remote working is going to be with us into the future and if current legislative proposals are introduced then employers will have to justify why they will not allow remote working. Employers should take this time to review the roles within their workplaces, to reasonably assess which roles are suitable to remote working, which roles are not and ensure they can objectively justify such a decision if challenged. We would also recommend that employers prepare now Remote working policies. Case reference https://www.workplacerelations.ie/en/cases/2021/january/adj-00028293.html