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Redundancy Cases

Firstly, in the case of CH Marine Limited and O'Connor, the Labour Court found that the unilateral relocation of an employee's role to Cork from Bandon after a period of sick leave and without consultation, was not reasonable and would have necessitated an excessive additional daily commute. The Court determined that the employee was entitled to resign and constructively dismiss himself, and was entitled to a statutory redundancy payment.

In the second case, the Adjudication Officer awarded €15,000 after determining that an employee's performance had been part of the decision making process around the redundancy, which should never be the case (ADJ 00012472).

Lessons

Redundancies must always be about roles and not personal to an individual's performance, and where an alternative position or location is available as an alternative to the redundancy , it must be reasonable.

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