Construction Worker’s Claim of Unfair Selection for Redundancy Fails

A construction worker who claimed he was unfairly selected for redundancy and/or it was not a genuine redundancy situation, fails in his claim for unfair dismissal.

Long service since 1998-placed on 3 day week-told of redundancy-no appeal-requested copy of selection process-never received it-redundancy process should be last in first out-accepted sum of €5,000 plus statutory redundancy-earned €80,000 per year-claimant’s case that he was not redundant-or unfairly selected for redundancy-EAT finds redundancy fair-for unfair selection to apply there must be workers in similar employment-no recognised procedure with trade union in this case-last in, first out did not apply according to employer-no finding of unfair selection-genuine redundancy under Redundancy Payments Acts 1967 as amended-unfair dismissal claim fails.

For claimant: Pauline Codd BL and Clare Bruton instructed by Aileen Fleming, Daniel Spring & Co. Solicitors

For respondent: Conor O’Connell, Construction Indurstry Federation, Cork

Decision published: 15th November, 2012

Read full EAT determination here

Construction Worker’s Claim for Redundancy Fails-Refused Offer of Work

A laid off construction worker’s claim for redundancy fails as he fails to prove his position was made redundant and refuses to accept offer of work.

Construction company-Polish worker working in UK for Irish respondent-all employees placed on temporary lay off-family bereavement of directors of company-claimant requested p45 and “briefing”-company sent P45 and P60-company offered claimant work again-claimant said “no”, sore finger-company wrote to claimant for confirmation of not returning to work-job filled by another worker-claimant accepted company offered him work-did not know the nature of work but did not enquire either-claimant failed to make out case that his  position was made redundant-claim under Redundancy Payments Acts 1967 to 2007 fails as claimant refused to accept offer of work.

Decision published: 15th November, 2012

For claimant: In person

For rerspondent: Ms EJ Walsh BL instructed by James J Kelly & Son Solicitors

Read full decision here