In this case, The Respondent Employer appealed the Decision of the Adjudication Officer to the Labour Court after The Adjudication Officer decided that the Complainant’s complaint was well-founded and she was therefore entitled to a statutory redundancy payment arising from the circumstances in which her employment with the Respondent had terminated.

The Complainant was employed as a retail assistant in the Respondent’s premises in Monaghan. Her gross weekly wage was €231.25. The Respondent informed the Complainant by written notice that he intended to close the Monaghan shop on the 15th of October 2017. The Respondent offered the Complainant (who resides in Monaghan) a position in his business in Nenagh, Co Tipperary. This offer was refused by the Complainant. The Respondent made an offer of alternative employment to the Complainant at his business in Stradone, Co. Cavan. This offer was also deemed unsuitable by the Complainant and refused.

The Respondent submits that both his business in Nenagh and in Stradone include a retail as well as a meat processing section and that the Complainant would have been employed in the relevant retail section had she accepted one or other of his offers of alternative employment. The Respondent added further that the written contract of employment signed by the Complainant provides that her main place of work is “Monaghan/Cavan/Nenagh”.

The Complainant submits that she was unaware that there was a retail operation associated with the Respondent’s business operations in Nenagh and Stradone as he had not made this clear to her and had not provided her with a written job description outlining the alternative roles he had available following the closure of the Monaghan business. The Complainant also submitted that both locations are too distant from her place of residence

The Court found that the Complainant’s employment was terminated by reason of redundancy in circumstances where the offers of alternative employment made by the Respondent to the Complainant cannot be considered suitable alternative employment having regard to their location and bearing in mind the Respondent’s admission that he had not furnished the Complainant with a written description of the duties entailed in either position. Therefore, the Court determined that the Complainant is entitled to a statutory redundancy payment to be determined by having regard to her current gross weekly pay (€231.25) and the date of her termination of employment.
https://www.workplacerelations.ie/en/cases/2020/november/rpd208.html