Redundancy, Leave Entitlements, and the Cost of Informality in Employment Relationships
When Choláiste an Phiarsaigh, Ireland’s only full-time Irish-language boarding school, transitioned to a day-only model in May 2024, it also ended the role of long-serving boarding supervisor Antóin Ó Dúllaing.
Unfortunately for the school’s patron body, Gaelachas Teo, it failed to follow multiple key employment law obligations, resulting in a Workplace Relations Commission (WRC) award of almost €12,000.
The case demonstrates the risks of non-compliance with basic employment practices, especially during redundancy events.
What Happened?
Mr Ó Dúllaing:
- Worked nights Sunday to Tuesday for 9 years
- Was let go with no notice and no redundancy payment
- Claimed unpaid holiday and public holiday entitlements
- Alleged he was paid “off the books” and underpaid minimum wage
- Received no written statement of employment terms
Gaelachas Teo:
- Attended the first WRC hearing, but failed to show at the second
- Argued the worker didn’t meet continuous service requirements
- Admitted the organisation’s records were incomplete due to management illness
- Claimed all supervisors had been informed of the closure informally
What Went Wrong?
1. No Statutory Redundancy Paid
Gaelachas incorrectly believed the worker lacked the required 104 weeks’ continuous service. The WRC found he had 8.9 years of service and awarded redundancy (approx. €5,000, subject to PRSI confirmation).
Best Practice: Always check service duration, PRSI status, and confirm eligibility before denying redundancy. Use statutory redundancy calculators or seek HR advice.
2. Unpaid Holiday and Public Holiday Leave
The employer failed to compensate the worker for annual leave and public holidays, breaching the Organisation of Working Time Act 1997. The WRC awarded €4,540 in total.
Best Practice: Maintain accurate records of holiday entitlements and ensure all accrued leave is paid on termination.
3. No Statement of Employment Terms Issued
Gaelachas failed to provide a written contract or statement of terms as required under the Terms of Employment (Information) Act.
Best Practice: Issue written terms within 5 days of employment commencement, with full details provided within one month, as per updated Irish legislation.
4. No Notice of Termination
Mr Ó Dúllaing received no formal notice of redundancy or termination, in breach of the Minimum Notice and Terms of Employment Act. He was awarded four weeks’ pay (€1,080).
Best Practice: Even in redundancy, proper notice must be provided in writing, or pay in lieu of notice.
5. Procedural Absences
Gaelachas failed to attend the second hearing, leaving evidence unchallenged and raising doubts about credibility and engagement.
Best Practice: Always attend WRC hearings and prepare properly. Non-attendance significantly undermines your position.
Key HR Takeaways
- Redundancy ≠ Informality – Documentation, consultation, and notice are still required, even for long-standing casual or part-time roles.
- Holiday pay and records matter – You must track and pay entitlements, or risk financial penalties.
- Written terms are essential – Verbal agreements won’t protect you at a tribunal.
- Small organisations aren’t exempt – Lack of HR infrastructure is not a valid defence.
How Bloom Consultancy Can Help
We support organisations, large and small in:
- Redundancy planning and consultation
- Auditing employee records and contract status
- Ensuring working time and leave entitlements are in compliance
- Preparing for and representing at WRC hearings
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.