Labour Court upholds Elena Gabriella Gavril’s redundancy claim against Summeridge Limited

The Labour Court upheld Elena Gabriella Gavril’s redundancy claim after Summeridge Limited appealed an earlier decision in her favour. In a determination dated 7 January 2021, the Court found that Gavril was entitled to a statutory redundancy payment based on service from 1 February 2007, dismissal on 13 March 2019 and gross average weekly pay of €455. Summeridge said The Elms had closed temporarily because it could not obtain public liability insurance and offered Gavril continued employment at the Harbour Master Bar in Dublin 1. The Court accepted that the company reasonably believed the closure would not be permanent and that the alternative job was objectively suitable. It found Gavril’s refusal reasonable because the transfer would add travel time and costs and could make it difficult for her to get home if delayed work left public transport unavailable.