CORRECTION ORDER
ISSUED PURSUANT TO SECTION 41 OF THE WORKPLACE RELATIONS ACT 2015
This Order corrects the original Decision ADJ-00059903 issued on 19th January 2026 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059903
Parties:
| Complainant | Respondent |
Parties | Chelsea Finnegan | The White House Dental Clinic / Dr Pottie via executor Mr Murtagh Solicitor of O’Sullivan Murtagh Solicitors |
| Complainant | Respondent |
Representatives | Geraldine Duffy NCUCIS Monaghan Citizens Information Centre | Executor of Estate - Mr Murtagh. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00072884-001 | 27/06/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00072884- 02 | 27/06/2025 |
Date of Adjudication Hearing: 05/12/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Act, 1967 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Background:
The issues in contention concerned Statutory Redundancy and Minimum Notice payments to an employee following the sudden & unexpected death and consequent closure of the Respondent Employer. The employment began on the 16th May 2022 and ended on the 27th of March 2025. The rate of pay was stated by the Complainant to have been € 547.50 per week. The Respondent Estate, represented by the Executor, was not contesting the complaints. |
1: Summary of Complainant’s Case:
The Complainant was employed from the 16th May 2022 to the 27th of March 2025. She was Represented by Ms Geraldine Duffy of NCUCIS ,Monaghan Citizens Information Centre 1:1 CA-00072884-001 - Statutory Redundancy Payments The Complainant sought Statutory Redundancy Payment for the above employment period. 1:2 CA- 00072884-002 - Statutory Minimum Notice. The Complainant sought Statutory Minimum Notice Payment for the above employment period.
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2: Summary of Respondent’s Case:
CA- 00072884-001 and CA- 00072884-002 . The Executor , Mr Murtagh indicated to Ms Duffy of CIS in correspondence that he was not opposing the applications. |
3: Findings and Conclusions:
3:1 CA-00072884-001 - Statutory Redundancy Payments Based on the supplied Documentation and the Sworn Evidence from the Complainant ,which was not opposed by the Respondent, the Adjudication decision has to be that Statutory Redundancy (from the 16th May 2022 to the 27th of March 2025 at a weekly rate of € 547.50 ) is due to the Complainant 3:2 CA-00072884-002 – Statutory Minimum notice Payments Based on the supplied Documentation and the Sworn Evidence from the Complainant ,which was not opposed by the Respondent, the Adjudication decision has to be that Statutory Minimum Notice Pay of Two Weeks’ Pay (for Employment Service from 16th May 2022 to the 27th of March 2025 at a weekly rate of € 547.50 ) is due to the Complainant
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4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Act, 1967 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under of the cited Acts.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
4:1 CA-00072884-001 - Statutory Redundancy Payments
The Complaint is deemed Well Founded.
Statutory Redundancy (from 16th May 2022 to the 27th of March 2025 at a weekly rate of € 547.50 ) is due to the Complainant
Final Employment Service and Renumeration figures are subject to verification by the Department of Social Protection records.
4:2 CA-00072884-002 – Statutory Minimum Notice Payments
The Complaint is deemed Well Founded.
Statutory Minimum Notice Pay of Two Weeks’ Pay (from 16th May 2022 to the 27th of March 2025 at a weekly rate of € 547.50) is due to the Complainant.
Final Employment Service and Renumeration figures are subject to verification by the Department of Social Protection records
Dated: 19th January 2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy and Minimum Notice |
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ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059903
Parties:
| Complainant | Respondent |
Parties | Chelsea Finnegan | The White House Dental Clinic / Dr Pottie via executor Mr Murtagh Solicitor of O’Sullivan Murtagh Solicitors |
| Complainant | Respondent |
Representatives | Geraldine Duffy NCUCIS Monaghan Citizens Information Centre | Executor of Estate - Mr Murtagh. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00072884-001 | 27/06/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00072884- 02 | 27/06/2025 |
Date of Adjudication Hearing: 05/12/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Act, 1967 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Background:
The issues in contention concerned Statutory Redundancy and Minimum Notice payments to an employee following the sudden & unexpected death and consequent closure of the Respondent Employer. The employment began on the 16th May 2022 and ended on the 27th of March 2024. The rate of pay was stated by the Complainant to have been € 547.50 per week. The Respondent Estate, represented by the Executor, was not contesting the complaints. |
1: Summary of Complainant’s Case:
The Complainant was employed from the 16th May 2022 to the 27th of March 2024. She was Represented by Ms Geraldine Duffy of NCUCIS ,Monaghan Citizens Information Centre 1:1 CA-00072884-001 - Statutory Redundancy Payments The Complainant sought Statutory Redundancy Payment for the above employment period. 1:2 CA- 00072884-002 - Statutory Minimum Notice. The Complainant sought Statutory Minimum Notice Payment for the above employment period.
|
2: Summary of Respondent’s Case:
CA- 00072884-001 and CA- 00072884-002 . The Executor , Mr Murtagh indicated to Ms Duffy of CIS in correspondence that he was not opposing the applications. |
3: Findings and Conclusions:
3:1 CA-00072884-001 - Statutory Redundancy Payments Based on the supplied Documentation and the Sworn Evidence from the Complainant ,which was not opposed by the Respondent, the Adjudication decision has to be that Statutory Redundancy (from the 16th May 2022 to the 27th of March 2024 at a weekly rate of € 547.50 ) is due to the Complainant 3:2 CA-00072884-002 – Statutory Minimum notice Payments Based on the supplied Documentation and the Sworn Evidence from the Complainant ,which was not opposed by the Respondent, the Adjudication decision has to be that Statutory Minimum Notice Pay of Two Weeks’ Pay (for Employment Service from 16th May 2022 to the 27th of March 2024 at a weekly rate of € 547.50 ) is due to the Complainant
|
4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Act, 1967 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under of the cited Acts.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
4:1 CA-00072884-001 - Statutory Redundancy Payments
The Complaint is deemed Well Founded.
Statutory Redundancy (from 16th May 2022 to the 27th of March 2024 at a weekly rate of € 547.50 ) is due to the Complainant
Final Employment Service and Renumeration figures are subject to verification by the Department of Social Protection records.
4:2 CA-00072884-002 – Statutory Minimum Notice Payments
The Complaint is deemed Well Founded.
Statutory Minimum Notice Pay of Two Weeks’ Pay (from 16th May 2022 to the 27th of March 2024 at a weekly rate of € 547.50) is due to the Complainant.
Final Employment Service and Renumeration figures are subject to verification by the Department of Social Protection records
Dated: 19th January 2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy and Minimum Notice |
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