The Labour Court allowed Octavian Nacu’s appeal and set aside an adjudication officer’s decision, finding he was entitled to a statutory redundancy lump sum. The Court’s decision was dated 23 September 2024. It said Nacu had given written notice of his claim after being laid off, and that using the wrong form should not defeat his claim because neither form was statutory.
Nacu had worked for Northway Personnel Ltd as an agency worker at a client site in Dublin 15. When work there diminished, he was laid off from 5 May 2023. The agency offered him work in Kilkenny starting the following morning, but he declined, citing the distance from his home and lack of private transport. He then sought redundancy in writing using Form RP77. The company argued he should have used Form RP9 and also said it made a further work offer. The Court noted that the company did not issue a written counter-notice within a week. It calculated the lump sum using a rate of 45 hours a week at €21 an hour, or €945 a week; the decision does not state a total lump sum.