Latest in Employment Law>Case Law>Cinders Limited v Celina Byrne [2018]
Cinders Limited v Celina Byrne [2018]
Published on: 30/08/2018
Issues Covered: Redundancy
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Background

This was an appeal of the decision of the Adjudication Officer regarding a redundancy payment. The complainant had been employed as a sales assistant with the respondent for twenty years before she was informed that the outlet she was working in for the respondent, in Dublin 4, was being closed down. She was offered an alternative position within the business in Blanchardstown Centre but she refused the move as her travel time would increase and she would be working in a concession arrangement, instead of the boutique-type environment that she was used to. Following her refusal, she was offered two further options, namely, move to the respondent's concession store in St. Stephen's Green Centre or its stand-alone shop in Wicklow Street. However, she refused these offers too on the basis that the St. Stephen's Green Centre store was a concession store, while the Wicklow Street store was trading badly so she believed it would inevitably close down.

The Court considered two issues: (i) the suitability of the offers of alternative employment; and (ii) whether the refusal to accept the offers was reasonable in the circumstances. The Court was objectively satisfied that the respondent had satisfied their duty to provide suitable alternatives to the complainant. The Court also found that given the change of environment from a subjective perspective the complainant was not unreasonable in refusing the  St. Stephen's Green or Blanchardstown options. However, the Court found that the refusal to accept the offer in Wicklow Street was unreasonable as there was no indication that the store there would inevitably cease to operate and the complainant would not have suffered any disadvantage with regards to her commute. Accordingly, the appeal succeeded and the decision of the Adjudication Officer was set aside. 
http://www.workplacerelations.ie/en/Cases/2018/August/RPD1811.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 30/08/2018