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WRC finds Patrick Gallagher entitled to redundancy payment after PRSI failures

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

Patrick Gallagher is entitled to a redundancy payment after the Workplace Relations Commission found two complaints against Windhoist Ireland Ltd well founded. The WRC decision was dated 27 September 2023. Gallagher worked as a wind turbine technician from August 2020 until he was made redundant in November 2022. His six-weeks-on, two-weeks-off pattern meant PRSI contributions were not made during his breaks. He said he had worked about 112 weeks, but his redundancy application was refused because fewer than 104 weeks of contributions had been recorded. The liquidator accepted that the employer had been obliged to make the contributions or tell Gallagher they were missing. The WRC found the employer responsible and said Gallagher should not bear fault for the shortfall. It found that his employment should be treated as having more than 104 weeks of contributions and that he qualified for redundancy pay, subject to the statutory weekly-pay ceiling. His gross weekly pay was €864.

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