The Labour Court overturned a €15,750 unfair dismissal award to Brendan Flanagan after allowing Elark Developments Limited’s appeal. The determination was signed on 22 May 2017.
Elark said Mr Flanagan’s job ended because work had diminished and other employees were also made redundant. Mr Flanagan argued that the redundancy was a pretext and that he was dismissed after starting personal injury proceedings. The Court found the company had sent redundancy notices to several employees before those proceedings and that a genuine redundancy had occurred. It concluded redundancy was the main reason for his dismissal, overturned the Adjudication Officer’s decision and set aside the compensation award.