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Woman qualifies for statutory redundancy payment after WRC counts sick leave as service

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Mayara Caroline De Lima Conceicao entitled to a statutory redundancy payment from Maypark Lane Ltd after deciding that her illness absence did not break her continuous service. The WRC decision was dated 18 January 2024. The company said she lacked the required PRSI contributions, although it had completed forms stating there was no break in her service. The adjudication officer found that her sickness absence was within the 26-week limit for reckonable service and rejected the argument that the Department of Social Protection was the proper respondent. Her entitlement is based on gross weekly pay of €144 and service from 23 October 2020 to 21 November 2022, subject to insurable employment. The decision does not state a lump-sum payment.

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