WRC disallows Patrick McCormack’s redundancy appeal

The Workplace Relations Commission disallowed Patrick McCormack’s redundancy appeal against Kilclooney Plant Hire, finding that no redundancy situation existed. The decision was dated 20 February 2023. It also found that McCormack had not established an entitlement to minimum notice. McCormack said he understood that losing access to the company van meant he no longer had a job, and sought a redundancy payment and payment in lieu of notice. The company said he had been offered a three-day week and told to make his own way to work after returning the van. It also said he later told its director that he had found another job; McCormack denied being contacted. The adjudicator preferred the company’s account and found that McCormack’s employment had not been terminated and work remained available. The WRC therefore found no redundancy situation and disallowed his appeal. It also found that, because his employment had not been terminated, he had not established a right to minimum notice and the relevant Act was not contravened.