RPD263

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00057613 (CA-00070101-001).

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 24 February 2026 in accordance with the Redundancy Payments Acts 1967 to 2014.

A Labour Court hearing took place on 12 May 2026.

The following is the Decision of the Court:

Page 1

DECISION:

Background to the Appeal

This is an appeal by Mr Donatus Ziziunas (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00057613, dated 20 February 2026) under the Redundancy Payments Act 1967 (‘the Act’). Notice of Appeal was received in the Court on 24 February 2026. The Court heard the appeal in Galway on 12 May 2026.

The Factual Background

The Complainant was employed by Roadcare Limited (‘the Respondent’) as a driver from 11 June 2020 until February 2025. The Complainant was injured at work on 11 December 2024 and was certified as unfit to return to work until 31 January 2025. He informed the Respondent in January 2025 of his intention to return to work but was informed that work was quiet at the time.

The Complainant’s Submission

The Complainant submits that he continued in his efforts during January and February 2025 to return to work as he observed that the Respondent was engaged in ongoing road works in various locations in the Ballyhaunis and Claremorris areas. He further submits that the Respondent’s failure to provide him with work effectively forced him to leave his employment.

The Respondent’s Submission

The Respondent submits that the Complainant was laid off by the Respondent as there was no work available for him and subsequently resigned three weeks later. It is further submitted on behalf of the Respondent that section 12 of the Act has no application to the Complainant as he had not satisfied the minimum four-week lay-off requirement specified therein and had not issued the Respondent with a written notice of intention to claim redundancy by virtue of having been laid off.

The Law

Section 12 of the Act provides:

“12(1) An employee shall not be entitled to redundancy payment by reason of having been laid off or kept on short-time unless—

(a) he has been laid off or kept on short-time for four or more consecutive weeks or, within a period of thirteen weeks, for a series of six or more weeks of which not more than three were consecutive, and

(b) after the expiry of the relevant period of lay-off or short-time mentioned in paragraph (a) and not later than four weeks after the cessation of the lay-off or short-time, he gives to his employer notice (in this Part referred to as a notice of intention to claim) in writing of his intention to claim redundancy payment in respect of lay-off or short-time.

(2) Where, after the expiry of the relevant period of lay-off or short-time mentioned in subsection (1)(a) and not later than four weeks after the cessation of the lay-off or short-time, an employee to whom that subsection applies, in lieu of giving to his employer a notice of intention to claim, terminates his contract of employment either by giving him the notice thereby required or, if none is so required, by giving him not less than one week's notice in writing of intention to terminate the contract, the notice so given shall, for the purposes of this Part and of Schedule 2, be deemed to be a notice of intention to claim given in writing to the employer by the employee on the date on which the notice is actually given.”

Page 2

Discussion and Decision

Having carefully considered the Parties’ written and oral submissions, the Court finds that the Complainant did not satisfy the requirements of section 12(1) of the Act in so far as he had been laid off for a period of three weeks only when he resigned his employment. It follows therefore that he is not entitled to a redundancy payment in accordance with section 12.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
12/08/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.

Page 3