The respondent is a charitable organisation primarily funded by the HSE and local authority grants. The claimant worked her way into a management position over some 6+ years and her role was entitled that of Support Services Manager.

There was a history of allegations of bullying against the claimant of which she was exonerated but she, in turn, had also raised concerns. An external investigator had later made certain recommendations about internal structures, including one that three managerial positions, including the claimant's be amalgamated and a 'lead' managerial post be created.

The claimant's position was made redundant. The respondent argued this was on the basis of last in first out but the claimant said there had in previous redundancy exercises been an approach to find volunteers and that LIFO had not always been used - it could only ever apply where ‘all things were equal’. They were not, according to the claimant, in that previous history relating to grievances had, she felt, been taken into account, and no matrix looking at other issues had been used by the employers.

The EAT found that, "There was no logical reason for not allowing both potential candidates apply for the [remaining] position and/or at the very least draw up a comprehensive matrix of requirements and qualities needed for the position. The bald reliance of last in first out was unfair where all things were not seen to be equal on their face." It awarded €15k compensation.

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