Redundancy if we dont move office?

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ciars

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the comnpany I work for has mentioned the idea of moving us to partner with the rest of our department in Germany. We are based in Dublin and basically a smaller division of the department.

They have explained this is not a monitary issue. Not a cut back issue as the Irish office pays for itself. But they feel as an internatioanl company it makes more sense and would be more productive if we combine.

Its pretty much likely to happen, So Im wondering if we dont take their offer would we be likely to recieve Redundency payments? Would we be covered under employment law for this? there are only 3 of us here in the irish office and none of us want to move so They would be shutting down this branch and reemploying in the same positions in Germany.

Any info would be great.

Thanks.
 
Re: Redundency if we dont move office?

Check to see if your employment contract has a "mobility" clause - i.e. one that states "your normal place of work will be at X or such other location as the Company may see fit".

If there is no such clause, it is fairly certain that you will be entitled to a redundancy payment. For example, it has been held that a change in work location from skerries to santry constitutes a redundancy situation in the absence of a mobility clause.

Even if your contract does have a mobility clause, it is highly unlikely that you could be required to move to germany unless specifically provided for in your contract. International relocation is arguably outside the contemplation of an employee entering into an Irish employment contract unless the possibility is clearly set out within the contract.

This may form the basis of a claim for a redundancy payment under the Redundancy Payment Acts.
 
Re: Redundency if we dont move office?

Yes, this would be covered by redundancy legislation; they are shutting down Irish Office.
 
Re: Redundency if we dont move office?

Our office was merging from Clondalkin to Ballsbridge and I opted not to go. I was able to get statutory redundancy and a termination payment.
 
Thanks for the replies. I'll have a look into my contract and check to see if there is anything like a 'mobility clause' - I'm nearly sure there is, as we are an international company and I vagely remember there being something about working in other offices. But as crum mentioned it shouldn't really matter. They are effectivly closing down the irish branch if we dont move.

So annoyed about it today :(
 
If you decided to take up the offer of working in German office (which you don't appear to be interested in) would you be paid at the Irish rate for the job or the German rate.
Under Redundancy Act you would be allowed work in the new location for 1 month and still get redundancy if it is unsuitable
 
Don,t know if redundancy act covers work abroad .... could get it added as a clause ....

Mobility Clause is usually for people who work abroad as part of job .I.E Install Engineers, Marketing. Would not cover upping sticks permanently.
 
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