Labour Court upholds assistant’s notice entitlement after post office transfer

The Labour Court upheld a decision that Mary Campbell’s statutory notice rights passed to Christopher Carroll when he took over a post office business in Kiltimagh. The determination was dated 24 June 2022. Campbell had worked as an assistant for Marion Dunne. When Dunne ceased trading and Carroll opened a post office in a Londis store, Campbell received no notice or payment in lieu. Carroll argued that he had not employed her and had no obligation to give her notice. The Court had already determined that the businesses transferred on 15 April 2019. It found Campbell’s accrued statutory rights, including her right to notice, passed to Carroll with the transfer. Carroll’s appeal failed, and the Adjudication Officer’s decision was upheld.