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WRC allows Ion Lipsiuc’s redundancy appeal after rejecting alternative-job arguments

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission allowed Ion Lipsiuc’s redundancy appeal against Northway Personnel Ltd., finding that the alternative jobs it offered did not disqualify him from a statutory redundancy lump sum. The award is based on gross weekly pay of €850, subject to the statutory maximum; the decision was dated 23 April 2024.

Lipsiuc had been laid off when the construction site where he worked closed. Northway argued that it had offered other construction jobs on the same pay package and that agency work could involve different sites and duties. Lipsiuc said he did not drive and that the first roles would mean long commutes by public transport. The officer found that refusing those jobs was reasonable in his circumstances. A third offer, as a Traffic Marshall, was also unsuitable: its duties were narrower than the varied work Lipsiuc had done, which included supervision.

The Redundancy Payments Act can disentitle an employee from a lump sum if they unreasonably refuse suitable alternative work. The officer found Northway’s offers did not meet that test and allowed Lipsiuc’s appeal.

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