Monday 11 December 2017

Irish Rail worker awarded €60,000 following withdrawal of voluntary redundancy offer

Irish Rail
Irish Rail

Aodhan O'Faolain

AN Irish Rail depot superintendent who was compelled to go on working for nearly three years when the company withdrew an voluntary redundancy offer has been awarded, €60,000 in High Court damages.

Michael Browne, who based at Portlaoise rail depot, was entitled to avail of that redundancy because a binding offer had been made to him, Mr Justice Gerard Hogan ruled last December.

After hearing arguments as to what level of compensation he was entitled to for breach of contract, the judge yesterday awarded him €60,000.

His lawyers had sought €150,000 from the company arguing that amount was owed by way of a contract debt.

Irish Rail objected saying that would have amounted to a form of double recovery given Mr Browne had worked for a further three years, which had enhanced his retirement package.

Mr Justice Hogan said as Mr Browne had elected to carry on working with the company, he forfeited the right to sue in debt for sums promised by the early retirement package. 

His loss was confined to one of a breach of contract only.

He had not suffered any financial loss as a result of working the extra years, the judge said.

He measured damages at €20,000 per year for the three years.

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