The Labour Court upheld the Adjudication Officer’s decision in favour of The Estate Of Roseanne Kenny, finding that she was entitled to statutory redundancy pay after reasonably refusing alternative work. The determination was signed on 27 May 2019, following an appeal by Noonan Services Group Ltd.
Kenny had worked for the company for 27 years at a pharmaceutical site in Swords. When that site was due to close, the employer offered her a job at The Pavilions in Swords, with hours shifted one hour later. She said the change would prevent her collecting her grandson from school in Balbriggan. The written offer also showed a lower hourly rate, which the employer said was an error.
The Court considered the combined effect of the changed work environment, the written pay rate, the childcare difficulty and the lack of discussion about free parking. It found that, in these circumstances, her refusal was not unreasonable. The Estate was entitled to a statutory redundancy payment based on 27 years’ service and weekly pay of €434.85; the Court did not state a total award.