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WRC finds it had no jurisdiction over Sean Fleming’s unfair dismissal complaint

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found it had no jurisdiction to hear Sean Fleming’s unfair dismissal complaint against Instant Upright Limited. The decision was dated 18 February 2022; the merits were not decided. Fleming said he was retired against his will after being assured his job was secure during a redundancy process. The company said his contract set a normal retirement age of 65. The adjudication officer found the retirement clause applied across the company and was clear and unambiguous. Fleming withdrew his separate age discrimination complaint at the hearing.

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