The Labour Court upheld a decision entitling Edel O Brien to statutory redundancy after rejecting her employer’s claim that his practice had transferred to another operator. The determination was dated 6 December 2022.
O Brien sought a redundancy payment under the Redundancy Payments Act 1967 after her employment ended when Dr David Ross’s contract with the HSE ended. Ross appealed the adjudication officer’s decision, arguing that the practice had transferred to the HSE or a temporary operator and that O Brien continued working at the same location.
The Court found that the premises, equipment and other items Ross identified did not amount to an organised business entity that had transferred. It concluded that no transfer of undertakings had occurred and that the termination of O Brien’s employment constituted redundancy. A transfer of undertakings can preserve employment when an organised business entity moves to another operator; the Court found that had not happened here. The determination upheld the earlier decision awarding statutory redundancy. It does not state the amount of that payment.