Shannon firm must pay €43,625 to employee for unfair dismissal

Workplace Relations Commission orders Element Six to compensate worker 'manoeuvred out of her employment'

At Element Six in Shannon, Gráinne Loonam’s maternity leave replacement 'was offered a contract for a new role, a role for which the complainant was never considered'. File picture

Shannon-based industrial diamond maker Element Six has been ordered to pay €43,625 compensation for the unfair dismissal of a female administrative worker.

In his findings, Workplace Relations Commission adjudicator Kevin Baneham has found that Gráinne Loonam’s dismissal by Element Six was unfair.

Ms Loonam was due to return to work from maternity leave around the time of the dismissal, in May 2020.

“Most significantly, there was a vacancy which the complainant was well suited for but for which she was never considered,” Mr Baneham said in the adjudication.

'Dismissal was unfair' 

Ms Loonam’s maternity leave replacement obtained further work with Element Six and jobs agency Eflexes commenced a new role on May 11, 2020, while Ms Loonam “was manoeuvred out of her employment” and “the dismissal was unfair”.

Mr Baneham stated that Ms Loonam gave evidence of impressive efforts to secure alternative employment but did not find a new job.

Ms Loonam worked for Element Six between May 2014 and May 28, 2020.

Mr Baneham stated that Ms Loonam has many strings to her bow and worked with Element Six as a personal assistant to a senior manager and also did finance, accounting, administrative, and human resources roles.

Mr Baneham stated that Ms Loonam was employed by the Eflexes agency and placed to work with Element Six. Ms Loonam was informed on May 8, 2020, that she was being made redundant.

On the same date that the email was sent to the department leads about whether there was an alternative to save Ms Loonam’s employment, her maternity leave replacement “was offered a contract for a new role, a role for which the complainant was never considered”.

Element Six submitted that Ms Loonam’s employment ended lawfully on grounds of redundancy, in particular the restrictions on travel ensuing from the Covid-19 pandemic and that a full and fair consultation process took place.

Mairead McKenna of Eflexes told the WRC hearing that Ms Loonam’s role was redundant because of pandemic-related travel restrictions and that Element Six had indicated that there were no vacancies.