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Labour Court overturns Mark Davis redundancy ruling

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court has allowed Ballymun Regional Youth Resource’s appeal and set aside a ruling that Mark Davis was entitled to a redundancy lump sum. The decision is dated 14 May 2024. Davis worked as a youth outreach worker, in a post funded by the HSE. The employer argued that the outreach team and its funding transferred to another provider, Star, on 1 January 2022. Davis argued that his dismissal was a redundancy and that no transfer had taken place. The Court found that the transfer of most of the team and its essential HSE funding amounted to a transfer of undertaking. It concluded that Davis became part of that transfer and was not dismissed by reason of redundancy. The lump-sum entitlement was set aside; the decision does not state its amount.

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