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Labour Court upholds finding that Pearse O’Brien was not unfairly dismissed

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the finding that Pearse O’Brien was not unfairly dismissed by Kirkwood Enterprises Limited. The determination was dated 4 December 2018, after O’Brien appealed the Adjudication Officer’s decision. The Court said the company’s handling of O’Brien’s retirement was less than satisfactory. But a one-year fixed-term role with the same basic pay and similar duties was available from 1 January 2017. O’Brien chose not to take it, so the employment relationship changed but did not terminate.

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