Symantec Ltd -v- Leddy [2009] IEHC 256 (28 May 2009)

Symantec Ltd -v- Leddy [2009] IEHC 256 (28 May 2009)

Employees who object to the transfer of their employment under Regulation 4(1) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 are not entitled to redundancy payments from the transferor employer under the Redundancy Payments Acts 1967–2007, as Irish law does not provide for such entitlement in these circumstances.

Citation
[2009] IEHC 256
Parties
Plaintiff/appellant: Symantec Limited; Defendant/respondent: Declan Leddy; Defendant/respondent: Diarmuid Lyons
Jurisdiction
Ireland
Judgment Date
28 May 2009
Procedural Posture
Statutory Appeal / High Court Appeal From Employment Appeals Tribunal
Outcome
appeal allowed
Legal Topics
Redundancy, Transfer of Undertakings, Employee Rights, Statutory Interpretation
Employment Law European Union Law Redundancy Transfer of Undertakings Employee Rights Statutory Interpretation

Case Brief

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Parties

Symantec Limited

Plaintiff/appellant

Declan Leddy

Defendant/respondent

Diarmuid Lyons

Defendant/respondent

Procedural Posture

Statutory Appeal / High Court Appeal From Employment Appeals Tribunal

Legal Issues

  1. 1 Whether employees who object to transfer of employment under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 are entitled to redundancy payments from the transferor employer under the Redundancy Payments Acts 1967–2007.

Ratio Decidendi

Employees who object to the transfer of their employment under Regulation 4(1) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 are not entitled to redundancy payments from the transferor employer under the Redundancy Payments Acts 1967–2007, as Irish law does not provide for such entitlement in these circumstances.

Court Disposition

appeal allowed

Orders

  • Determinations of the Employment Appeals Tribunal set aside
  • Redundancy claims of the defendants/respondents against the plaintiff/appellant dismissed