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Labour Court upholds decision rejecting redundancy appeal

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the adjudication officer’s decision rejecting Patrick McCormack’s redundancy complaint against Kilclooney Plant Hire. McCormack had appealed the decision; the Court’s determination is dated 4 July 2023. McCormack said the company took back the van he used to get to work after putting him on a three-day week, leaving him without transport and, in his view, without a job. The employer said work remained available and that McCormack did not return after the van was collected. It said he later told the company he had found another job. The Court said dismissal from employment is required for redundancy entitlement. It found no serious evidence that the employer intended to make McCormack redundant, accepted the owner’s evidence that he increased his own workload instead of replacing McCormack, and said the van argument had no credibility on the facts presented. The appeal failed.

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