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