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WRC says transfer complaint over income protection was out of time

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission ruled that Tara O'Halloran’s complaint against Bidvest Noonan over an income protection benefit was out of time. The decision, dated 26 June 2024, said the WRC had no jurisdiction to investigate it, so the merits were not decided. O'Halloran said the benefit should have transferred with her employment in February 2020 and should have been paid after she began long-term sick leave in December 2021. Bidvest Noonan argued that the benefit was not part of the transfer agreement and that the complaint was late. The adjudicator found any contravention would have occurred when the scheme was not transferred in February 2020, not when O'Halloran later sought the payment.

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