Latest in Employment Law>Case Law>Daifuku American Corporation v Brian Mc Caffrey [2017]
Daifuku American Corporation v Brian Mc Caffrey [2017]
Published on: 11/05/2017
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Background

This case concerned a claim for unfair dismissal. Difficulties arose in 2015 between the parties in relation to changes to the appellant's working and on-call hours. The fact of dismissal was not in dispute but the appellant claimed he had been unfairly dismissed, whereas the respondent claimed the position had been made redundant. The case therefore centred on the appellant's willingness to continue to work on-call when his working week increased from 4 days a week to 5 days a week.

The Court noted that the respondent's lack of clarity in defining the role which was 'made redundant' was troubling. The Court found that no redundancy arose and that no reasonable efforts had been made by the respondent to achieve a mutually agreeable alternative. Accordingly, they awarded the appellant €80,000 in compensation but did not reinstate the appellant (as he desired), as the trust and confidence between the parties had broken down.

https://www.workplacerelations.ie/en/Cases/2017/April/UDD1713.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 11/05/2017
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