Courts / Ireland / Report
No 'master plan' in Debenhams redundancies, lawyers for liquidator maintain
Summary
The Workplace Relations Commission heard legal argument in a test case involving 750 to 800 former Debenhams staff represented by the Mandate trade union. The applicants allege that Debenhams Retail Ireland Ltd and its liquidators, Andrew O'Leary and Kieran Wallace of KPMG, failed to provide relevant information or conduct meaningful consultation under the Protection of Employment Act. Counsel for the union, Brendan Kirwan SC, argued that the obligation to consult was triggered by an April 8, 2020, board meeting and a subsequent letter from director John Bebbington. He cited the CJEU case of Fujitsu Siemens Computers Oy to assert that consultation must occur before decisions are finalized. Conversely, counsel for the respondents, Kelley Smyth SC, maintained that directors were taken by surprise when their UK parent cut credit lines and that no master plan for redundancies existed. She argued the consultation began in good time given the crisis. The hearing also addressed whether workers could pursue two sets of claims against the company and the liquidators separately. The tribunal is to issue a written decision in due course.
Who, what, where, when and why
What: Report matter: No 'master plan' in Debenhams redundancies, lawyers for liquidator maintain. Procedural stage: hearing_or_decision
When:
- 8 April 2020 Incident
- April 8th Other
- 9 April Other
- 17 April 2020 Other
- April 2021 Other
- 2023-03-03 Publication
Why: She said the Irish directors were told on 8 April 2020: "that money is now being turned off" – and that because of the retail closures there was no prospect of taking out a bank loan. CNI source report
Case subjects
Applicant
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Places mentioned
- High Court
- Debenhams Henry Street
Topics
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