Horan -v- CWS BOCO Ireland Ltd [2012] IEHC 514 (07 November 2012)

Horan -v- CWS BOCO Ireland Ltd [2012] IEHC 514 (07 November 2012)

There was no identifiable error of law or unsustainable finding of fact by the Employment Appeals Tribunal; the Tribunal was entitled to find, on the evidence, that the appellant was still an employee on sick leave and did not qualify for redundancy under the relevant agreement or legislation.

Source-derived case information.

Citation
[2012] IEHC 514
Parties
Appellant: Michael Horan; Respondent: CWS – BOCO Ireland Limited
Jurisdiction
Ireland
Judgment Date
07 November 2012
Procedural Posture
Appeal From Employment Appeals Tribunal Determination Under Redundancy Payments Acts / High Court Judgment
Outcome
Appeal dismissed; claim refused.
Legal Topics
Redundancy, Employment Appeals Tribunal, Redundancy Payments Acts, Error of Law, Unsustainable Finding of Fact
Employment Law Redundancy Employment Appeals Tribunal Redundancy Payments Acts Error of Law Unsustainable Finding of Fact

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Summary, issues, holding and outcome

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Parties

Michael Horan

Appellant

CWS – BOCO Ireland Limited

Respondent

Procedural Posture

Appeal From Employment Appeals Tribunal Determination Under Redundancy Payments Acts / High Court Judgment

Legal Issues

  1. 1 Whether the Employment Appeals Tribunal erred in law or made unsustainable findings of fact in denying the appellant's claim for redundancy under the Redundancy Payments Acts 1967 to 2007

Ratio Decidendi

There was no identifiable error of law or unsustainable finding of fact by the Employment Appeals Tribunal; the Tribunal was entitled to find, on the evidence, that the appellant was still an employee on sick leave and did not qualify for redundancy under the relevant agreement or legislation.

Court Disposition

Appeal dismissed; claim refused.