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Labour Court upholds decision denying Eric Keogh transfer to Keymore Construction

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a decision that Eric Keogh was not entitled to transfer his employment to Keymore Construction Ltd under the transfer of undertakings regulations. In a determination dated 27 January 2020, it found that no undertaking had transferred when Keymore took over bricklaying work on a Dublin site. Keogh, a bricklayer for Aintree Construction Ltd, argued that his employment should have transferred because the bricklaying work continued under Keymore. Keymore said it used its own equipment, materials and workers. The Court found that no assets, goodwill or employees had transferred, and that Aintree continued to operate separately.

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