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WRC rejects Gerard O’Brien’s redundancy appeal

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission disallowed Gerard O’Brien’s appeal for a statutory redundancy payment from Speedline Engineering Limited, finding that he had not been dismissed. The decision was dated 4 January 2023. O’Brien, a general operative, argued that his service was continuous and that the company had dismissed him by reason of redundancy. The company disputed his entitlement, saying he lacked the required 104 weeks of continuous service. The adjudication officer found that O’Brien had not resigned, but the company had not communicated that it was ending his employment. The officer concluded there had been no dismissal under the statutory definition, so O’Brien remained employed and on lay-off and was not entitled to redundancy pay.

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