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Lukasz Kowalik against the recommendation of the Rights Commissioner in the case of: Vincent Power [2012]

Posted In: Case Law
  • Case Reference
    UD 1120/2010
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Redundancy and Reorganisation
Issues covered: Unfair Dismissals Acts 1977-2007; Payment of Wages Act, 1991; Selection criteria for redundancy

The claimant was employed as a waiter at the respondent’s café. In 2009, the business was experiencing difficulties and the respondent decided to let the claimant go. Another waitress taken on after the claimant who had been promoted to assistant manageress was retained. The claimant had been on sick leave at the time of his selection for redundancy and the respondent had never raised any issues over this absence. The respondent argued that there were a number of grounds justifying the selection made. In particular, the respondent noted that the claimant had been rude to a customer. This

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This article is correct at 11/04/2012

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David Fagan
Business Legal

The main content of this article was provided by David Fagan . Contact telephone number is +353 1 636 3165 or email David.Fagan@bizlegal.eu

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