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Catherine Duncan awarded statutory redundancy payment after Ballymun dispute

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Catherine Duncan was entitled to a statutory redundancy payment after her employment with Ballymun Regional Youth Resource ended, while rejecting her two transfer-of-undertakings complaints. The decision was dated 13 December 2023.

Duncan had worked as a youth worker for the registered charity since 2003. She argued that its refusal to transfer her employment to Star left her with no choice but to resign. The respondent said HSE funding for 2022 had been withdrawn and that it had been advised the arrangement was not a transfer of undertakings.

The WRC concluded that the charity’s position meant no transfer arose when her employment ended, creating a redundancy situation. It found the transfer complaints not well founded and the redundancy complaint well founded, ordering payment of her statutory redundancy entitlement within 42 days. The decision does not state the amount.

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