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WRC rules against Monaghan registered company in Redundancy Payments Act dispute

Jul 12, 2022 14:30 By News Northern Sound
WRC rules against Monaghan registered company in Redundancy Payments Act dispute
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'The eligibility threshold for statutory redundancy is 104 weeks’ continuous service'

A worker has secured an order for a redundancy payment worth around €3,000 following a ruling by the Workplace Relations Commission (WRC).

It's against a company that until February of this year had an address on St Stephen’s Green in Dublin but changed its registered office to the Nuremore Hotel & Country Club, Carrickmacross, Co Monaghan.

Huawen Foundation Ltd promotes Irish residency visas to international property investors but "unexpectedly" shut down last year.

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Brian McCarthy’s claim for statutory redundancy under the Redundancy Payments Act against Huawen Foundation Ltd was upheld by the WRC.

Mr McCarthy is the second worker to secure a payment following an award of over €12,000 to a colleague who won a Payment of Wages claim after being left without pay for four months.

The company, which previously offered investment opportunities under the Department of Justice’s Irish Immigrant Investor Programme, did not appear in order to defend Mr McCarthy’s claim at an adjudication hearing on the 7th of April this year.

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He told the Commission that the company closed down unexpectedly without making provision for redundancy.

In his evidence, he said the company provided "an information service for overseas students" and there had been a reduction in the need for the service.

Mr McCarthy said he had been employed with the company from the 25th of March 2019 to the 1st of April 2021 - a period of 105 weeks and just under three days.

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The eligibility threshold for statutory redundancy is 104 weeks’ continuous service.

The WRC ruled that on the basis of his duration of service and €615 gross weekly salary exceeding the €600 cap on statutory redundancy, Mr McCarthy was due a payment of approximately €3,000.

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