This case involved a claim of statutory redundancy. The complainant had been placed on lay off / short term work with effect from the 11th March 2016. He claimed that he was entitled to be made redundant and submitted an RP9 form to the respondent on the 31st August 2016. He returned to work for the respondent on the 6th September 2016 and did not receive a response in writing to the RP9 form until after this date. The complainant acknowledged that he had returned to work and that after two weeks had been transferred to a site in Athlone.

He alleged that at this point his wages were cut as a "country money" allowance he had been receiving was not payable on the Athlone site. He subsequently met with the respondent's Construction Director who offered him a €100 a week allowance instead. However, he left the employment on the 17th October 2016 as it was not worth his while travelling to Athlone for work.

The respondent claimed that on receipt of the complainant's RP9 form they immediately contacted him by phone and offered him work which he accepted. They submitted that on the 21st of September 2016 they wrote to the complainant advising him that the temporary layoff had ceased and full- time work was available for him. The respondent also confirmed that the "country money" allowance was governed by a collective agreement and that as a result they had offered him the €100 per week allowance.

The Court looked at the applicable law, namely section 12 and 13 of the Acts. The Court held that the complainant was entitled to serve a RP9 form on the respondent but stated that the respondent was entitled under section 13(1) to give counter notice. Accordingly, the Court allowed the appeal on the basis that the complainant was back working within a week of serving his notice and was informed within 3 weeks that the layoff had ceased as full-time work was available for him.
https://www.workplacerelations.ie/en/Cases/2018/April/RPD185.html