The Labour Court allowed Joseph McGrath’s appeal and set aside the decision refusing him a redundancy payment. The determination was signed on 2 November 2021.
Hartway Trading Limited Harding Fireplaces told McGrath in May 2020 that it could no longer employ him. It offered him a job with Butlers Grove Stone Ltd, a separate company at the same site, on similar terms. McGrath declined and sought redundancy pay. The Adjudication Officer had found the offer was suitable alternative employment.
The Court found Butlers Grove Stone Ltd was not an associated company for the purposes of the Redundancy Payments Act, so its offer could not count as suitable alternative employment. McGrath had not agreed to move to a new employer, and his refusal did not remove his entitlement to a redundancy payment.