Courts / Ireland / Report

Debenhams liquidators lose second test case at WRC

Summary

WRC adjudicator Brian Dalton ruled against the liquidators of Debenhams in a second test case concerning the mass compulsory redundancy of nearly 1,000 staff in April 2020. In the decision regarding applicant Breda Cox, a Siptu member, the adjudicator found that the liquidators breached collective redundancy consultation rights under the Protection of Employment Act 1977. Specifically, the adjudicator determined that the consultation process commenced too late and failed to provide relevant information, such as stock value and store profitability, which frustrated the trade union's capacity to make constructive proposals. Consequently, the adjudicator awarded Cox €1,800 in compensation, calculated as two weeks' pay for each of the two identified breaches. This ruling follows an earlier decision in a Mandate trade union test case, where applicant Jane Crowe was awarded €2,280, representing four weeks' pay for each breach. The liquidators, Kieran Wallace and Andrew O'Leary, denied the alleged breaches. An appeal against the earlier Mandate ruling is scheduled for the Labour Court on 1 November, with millions of euro at stake for up to 800 members. The Siptu test case affects a smaller group of fewer than 50 staff.

Who, what, where, when and why

What: Report matter: Debenhams liquidators lose second test case at WRC. Procedural stage: hearing_or_decision

When:

• April 2020 Hearing Or Sentence
• 24 March 2020 Other
• 17 April Other
• 1 November Hearing Or Sentence
• 2023-10-02 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report