WRC Finds Dismissal Unfair as Re-Deployment Request Not Properly Considered, Even for Trial Period

In a recent decision of the Workplace Relations Commission (“WRC”) in Gareth Elliot v Legs Eleven Limited (ADJ-00050223), the Complainant claimed that his dismissal for reason of redundancy was unfair. The Complainant argued that the Respondent had not taken into consideration other roles which he could have done. The Respondent rejected the claim.

Facts: The Complainant was employed as a digital marketing executive in September 2021 and was promoted to the role of content marketing manager 6 months later. His role was to manage communications with prospective clients, search engine optimisation (SEO) and managing the social media content. He worked from his home in Amsterdam.

On 9^th November 2023, the Respondent’s General Manager, Mr Stephen Kelly, met with the Complainant and informed him that his position was at risk of redundancy due to commercial struggles, as there had been consecutive losses between August and October 2023. Evidence given by Mr Kelly was that the Complainant’s role was selected due to the leadership opinion that it was not generating revenue and that paid social media was a better option compared to content management.

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