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Labour Court upholds Brendella appeal over £166.42 lay-off recommendation

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

In 1994, the Labour Court upheld Brendella Limited’s appeal over a Rights Commissioner recommendation for £166.42 net in lay-off losses. The decision was dated 4 February 1994. The worker had been laid off for three weeks, with the first week treated as holiday; the recommendation covered losses over the other two weeks. The Services Industrial Professional Technical Union argued the worker was unjustly selected while another employee did her duties. Brendella said there was virtually no work for her and the other employee was catching up after sick leave. The Court found she was not unjustly selected, based on the company’s position when it decided on the lay-off. It also criticised the employer for assuming that writing to the Labour Relations Commission meant it did not need to attend or be represented at the original hearing.

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