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Labour Court sets aside redundancy ruling against J & D Kearns Limited

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed J & D Kearns Limited’s appeal and set aside a ruling that David Hegarty’s redundancy complaint was well founded. The Court found no redundancy occurred when Hegarty left the company in September 2021. The decision was dated 13 March 2024. Hegarty said he was told work was drying up and he would be let go, so he found another job. The company said it had discussed possible temporary layoffs, but none took place, and Hegarty left voluntarily while his role continued. The Court found no evidence that Hegarty had been laid off or that his position had been made redundant. It concluded that no redundancy occurred under the Redundancy Payments Act.

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