A HSE-funded body that provides services for people with intellectual disabilities in the midlands has been ordered to pay a former manager more than €100,000 for unfair dismissal.
In a determination released this week, the Employment Appeals Tribunal found that St Hilda’s Services, based in Athlone, did not follow proper procedures when making assistant general manager, Tina Brennan, redundant.
Ms Brennan’s position within St Hilda’s had been created in early 2008 when the organisation successfully applied to the HSE for extra funding to help ensure safe governance. The new role created and filled by Ms Brennan mainly comprised of human resources tasks and project management.
Between June 2009 and February 2010, Ms Brennan took maternity leave. In July 2009 the managing director of the organisation died and an interim manager was appointed. It was agreed by the board a new permanent manager would not be appointed until a review of the organisation was completed.
Meanwhile, the government announced its budget which indicated St Hilda’s could experience up to a 7 per cent cut in funding.
Following the review many tasks were re-allocated. It was agreed that it was necessary to make Ms Brennan’s position redundant. When she returned, Ms Brennan was told by the interim manager she was to lose her job. In its determination, the tribunal found that while a genuine redundancy situation had arisen, the procedure to decide upon who should be made redundant was “defective”.
According to the tribunal, Ms Brennan was “clearly and deliberately” denied any opportunity to engage in the process.
In making a determination of unfair dismissal, the tribunal awarded Ms Brennan €116,616 in compensation under the Unfair Dismissal Acts 1977 to 2007.