The Labour Court found that Askeaton Paving Limited had made John Mullins’s position redundant when it restructured and began using subcontractors instead of direct employees. It said Mullins was entitled to a statutory redundancy payment for service from 1 July 2010 to 15 January 2016. The Court also found his unfair dismissal complaint was not well founded in a determination signed on 6 June 2017.
Mullins said a text exchange with managing director William Daly on 22 December 2015 meant he had been dismissed, and that proposed part-time hours amounted to redundancy. Daly denied intending to dismiss him and said his job remained open. The Court found the messages showed the employment arrangements were still being discussed and had not reached a definitive point. It later found the company had decided to restructure and convert Mullins’s position to subcontracted work.