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WRC rejects Mark Merrigan’s dismissal and transfer complaints

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

A WRC adjudication officer found Mark Merrigan’s complaints of unfair dismissal and a breach of transfer-of-undertakings rules were not well founded. The decision was dated 29 January 2024. Merrigan worked as a concierge at an apartment complex. After the facilities management contract transferred to Milgan & Dilgan Limited in June 2022, he said he was dismissed following workplace disputes and for raising concerns. The company said the client barred him from its site, it put him on temporary unpaid lay-off, offered alternative roles, and he later resigned. The officer concluded Merrigan had not been dismissed, finding that the company tried to redeploy him after the client excluded him. The officer noted he ought to have been paid during the lay-off period, but no payment-of-wages complaint was before the WRC. Both complaints failed on their merits.

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