Worker claims that it was a 'predetermined' dismissal
The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a practice nurse who was dismissed on the basis of redundancy after working at a skin cancer centre for just over a year.
The worker argued that her dismissal was not a genuine redundancy, claiming it lacked substantive justification and was procedurally deficient. She contended that her employer failed to consult properly and had predetermined her dismissal before meeting with her about the alleged redundancy.
The case raised important questions about the genuineness of redundancy decisions and the consultation obligations employers must meet when considering workforce reductions.
The worker was employed as a practice nurse at a skin cancer centre in May 2023 by a medical company that operated multiple clinics. The company's operations included a main general practice, another general practice location, two rest homes, and the skin cancer centre where the worker was based.
The worker was the only permanent practice nurse at the skin clinic, working between 46 and 50 hours per fortnight to provide nursing support services to the treating physician.
Her employment agreement stated that while her primary location was the skin clinic, she could be required to work from any of the employer's business locations.
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