Daifuku American Corporation v Brian Mc Caffrey [2017]

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

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

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This article is correct at 11/05/2017

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