The former CEO of an art gallery in Dublin has been awarded approximately 30,000 euros in compensation after she was unfairly made redundant.

The Employment Tribunal found that Ms Marian Lovett’s dismissal for redundancy had been a “sham” and awarded her compensation for unfair dismissal.

Ms Lovett, who commenced employment with the Temple Bar Gallery and Studios in 2001, worked her way up through the ranks at her employer, which runs 30 artist studios and a gallery. She was eventually promoted to the position of Chief Executive at the company before being made redundant last year.

The company stated that it had been necessary to make redundancies as the funding from the Arts Council for the business had been cut from 370,000 euros to 240,000 euros. However, Ms Lovett stated that she believed that the redundancy process was a “sham” and that, regardless of the process undertaken, she was always bound to be chosen for redundancy. She alleged that the intention was always to offer her position to a junior colleague who would accept less in wages than she would.

The Employment Tribunal found that Ms Lovett had been unfairly dismissed. In particular, the Tribunal noted that the obligations and duties in the new position of the “studio development officer” were to all intents and purposes the same as in Ms Lovett’s previous position.

Read more: Explanation of redundancy

Have you been unfairly dismissed?

If you think that you’ve been unfairly dismissed then you should contact an unfair dismissal solicitor. In order to be unfairly dismissed in a redundancy situation your employer must have failed to either:

  1. Undertake a fair procedure in dismissing you; and/or
  2. Make a substantively fair decision to dismiss you

Your employer should undertake a fair procedure when dismissing you. This includes specifying a fair reason for dismissal, identify why redundancies are necessary, conduct a redundancy process, create a fair pool for redundancy, use fair criteria for selecting employees for redundancy, and make a substantive effort to offer you any available alternative employment.

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The Direct 2 Lawyers Employment Team post daily on interesting employment law cases, Employment Tribunal judgments and Employment Appeal Tribunal judgments. All of the Employment Team posts are written by qualified specialist employment lawyers

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