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WRC finds Liam Kelly was not unfairly dismissed

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Liam Kelly was not unfairly dismissed, ruling that his secondment to the Agriculture No. 1 Branch of Forsa Ag No.1 Branch had ended when he returned to his Department job in 2016. Kelly brought an unfair dismissal complaint, saying branch rules and fair procedures were not followed when he was replaced as branch secretary in 2019. The branch said it had never employed him and that he remained employed and paid by the Department of Agriculture, Fisheries and Marine. The WRC said Kelly was a Department employee seconded to an honorary branch position. It found that the secondment had ended in 2016 and that he returned to his Department employment then, so there was no dismissal under the Unfair Dismissals Act 1977. The decision was dated 8 November 2023.

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