The Labour Court upheld the decision to reinstate Patricia Young after employer Chris Carroll’s appeal failed. It also rejected Young’s cross-appeal over the form of redress. The determination was dated 7 June 2022.
Young had worked for about 21 years as an assistant at the Kiltimagh post office operated by Marion Dunne. After Dunne ceased trading, Carroll opened a post office in his Londis store nearby. Young said she had been assured her employment would transfer and that she had not found alternative work. Carroll denied that a transfer of undertakings had taken place or that he was liable for ending her employment.
The Court relied on its related determination that a transfer of undertakings took place between Dunne and Carroll. It therefore upheld the adjudication officer’s finding on the unfair dismissal complaint. Young’s cross-appeal concerned only the form of remedy, and the Court upheld the original reinstatement decision on that issue too.