Labour Court varies decision in Raul Bhima redundancy appeal

The Labour Court varied a decision in Raul Bhima’s redundancy appeal, finding he was not entitled to a redundancy payment because his employment had not been terminated by redundancy. The determination was dated 9 October 2023. Bhima, a bus driver for Last Bus Limited at Dublin Airport, was laid off in October 2020 after passenger numbers fell during the pandemic. He argued that a proposed alternative role changed his employer, duties, workplace, hours and pay so substantially that his original job was redundant. Last Bus said his employment had not ended and that it had offered alternative work. The Court found that a letter sent in April 2021 did not end his employment and that he remained on lay-off. It said he ended the employment himself when he started another job in May 2021, and had not meaningfully engaged with Last Bus about the proposed alternative work. Since there had been no dismissal by reason of redundancy before he complained to the WRC, the Court found no entitlement to redundancy pay and varied the original decision.