The Labour Court affirmed Kevin Cunningham’s entitlement to a redundancy payment after his former employer, Lmk Detail Limited, appealed an earlier decision in his favour. The decision was dated 27 February 2024. It concerned his lay-off and the company’s failure to challenge his written claim within the statutory deadline.
Cunningham had worked for the company from 17 February 2016 and was laid off from 1 April 2020. On 10 December 2021, he gave written notice that he intended to claim redundancy payment in respect of the lay-off. He argued that the company’s failure to serve a written counter-notice within seven days meant he became entitled to payment under the Redundancy Payments Act.
Lmk Detail Limited accepted that it did not send a counter-notice within the required period. It said it offered Cunningham a return to work after Christmas 2021, which he initially accepted but later declined. The Court considered that argument against the statutory process, which allowed an employer to contest a redundancy claim by serving a written counter-notice on time.
The Court held that the company’s offer did not displace Cunningham’s entitlement after it failed to serve the required notice. It affirmed the adjudication officer’s decision that he was entitled to redundancy payment in respect of the lay-off, and the company’s appeal failed.