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WRC finds maintenance technician’s dismissal was fair redundancy

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that James Gaule was fairly dismissed by reason of redundancy after his maintenance technician role changed when the work was taken in house at Waterford Institute of Technology. Its decision was dated 5 April 2023. Gaule said he had not been consulted about redundancy or offered alternative roles. H.A. O'Neill Limited said the role had changed and that alternative jobs were discussed but proved unsuitable. The adjudicator preferred the company’s evidence and found the dismissal fair. The WRC also found two related TUPE complaints not well founded and dismissed a third as a duplicate. TUPE rules protect employees when a business or part of one transfers to a new employer.

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