Background:

The Complainant was employed as an HGV driver/operative since July 2008. He was the only full-time employee. He was laid off due to Covid-19 in March 2020. The business resumed trading in March 2021. The Complainant was not invited back to work.

In October 2021, the Complainant requested redundancy to his employer by registered post. He received a reply on 15th October 2021, inviting him back to work. The Complainant believed his employer only offered him a job in response to his request for redundancy as it has been trading.

The Respondent’s position was that there were no grounds for a redundancy. On 23rd October 2021, the Complainant emailed requesting details of the offer to establish if it was a reasonable offer of work. On 30th November 2021, the Respondent confirmed the Complainant’s existing contract would be honoured.

The Adjudication Officer accepted the Complainant’s evidence that the counter-notice was not served in compliance with legislation.

Outcome:

The complaint was well founded, and the Complainant was entitled to a statutory redundancy payment from 14th July 2008 to 30th March 2020, based on earnings of €353.00 gross per week.

Practical Guidance for Employers:

Employers must, under the Redundancy Payments Acts, ensure that when a request for redundancy is submitted by an employee, the employer respond to the request within 7 days.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/april/adj-00035854.html