Reagecon Diagnostics Limited v Vincent Nolan [2016]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Redundancy
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 9(1), Unfair Dismissal Acts, 1977 to 2015; Unfair Dismissal; Redundancy

This case concerned a claim that the complainant was unfairly dismissed as a genuine redundancy did not exist in the circumstances. He claimed that he had signed a notice of termination under duress and had not been afforded time to seek independent legal advice. The complainant stated that no justification for his redundancy existed, particularly given the fact that fifteen new employees were employed around the same time.

The court acknowledged that the respondent was entitled to restructure its business. However, it held that the respondent had not considered whether the complainant's redundancy was fair, nor looked into whether he could be redeployed to an alternative role. Accordingly,

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This article is correct at 15/09/2016

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