The Labour Court overturned a finding that Patrick Phelan’s unfair dismissal complaint was not well founded and awarded him €12,000 compensation. Its decision, dated 18 May 2018, followed Phelan’s appeal against Nurendale Unlimited in Liquidation, trading as Panda.
Phelan, a driver, was dismissed on stated grounds of redundancy in September 2015. The Court found no evidence the company had decided to operate with fewer drivers for reasons unrelated to him. It said he was not clearly told his job was at risk, given selection criteria or invited to suggest alternatives, and found the redundancy was a sham and the dismissal unfair.
Phelan had refused to cash a €5,500 cheque for statutory redundancy and notice entitlements. That payment was separate from the Court’s compensation award.