PED254

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00039722 (CA-00039268-002)

BACKGROUND:

This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 10 of the Protection of Employment Act, 1977. The appeal was heard by the Labour Court in accordance with Section 44 of the Workplace Relations Act, 2015. 

The following is the Court's Decision.

DECISION:

1. Background

This is an appeal by Debenham Retail (Ireland) Limited (In Liquidation) (the Respondent) against Adjudication Officer’s Decision ADJ-00039722 CA-00039268-002 given under section 10 of the Protection of Employment Act 1977 (the Act). The Adjudication Officer held that the claim by the Complainant under the Regulations was well founded and awarded compensation of €900. The Complainant commenced work in December 1998 as a catering assistant with the Respondent. The parties agree that the Complainant’s weekly gross pay was €445.

On or about 8 April 2020, the parent company informed the Respondent that it could no longer provide funding. The Board of the Irish company held an emergency meeting and recommended to their shareholder to take immediate steps to petition the Irish High Court to wind up the Company and to have a liquidator appointed.

The Complainant alleges that the requirements of section 9 of the Act have not been complied with. There is a linked complaint PE/25/3.

2. Preliminary issue

This was a double appeal. Prior to this case coming on for hearing a similar case was heard by the Labour Court Debenham Retail (Ireland) Limited (In Liquidation) and Jane Crowe PED243 which held that the Respondent had complied with the requirements of s10 of the Act to supply certain information.  That decision was not appealed. The facts of the within case are identical to the facts in that case.

The High Court in a linked case Debenham Retail (Ireland) Limited (In Liquidation) and Jane Crowe H.MCA 2024/228 held that the Respondent had also complied with the requirements of section 9 of the Act.

The Court held a case management conference on 1 August 2025. Mr Des Ryan BL representative for the Respondent submitted that the High Court had decided the issues raised in the appeals and that the Court should issue a preliminary ruling as provided for in the Labour Court rules. He went on to say that based on the High Court decision in Debenham Retail (Ireland) Limited (In Liquidation) and Jane Crowe H.MCA 2024/228, the ruling can only conclude that the Respondent’s appeal must succeed. SIPTU, on behalf of the Complainant, stated that they would consider what the Respondent had said and take instruction on same. Following the case management hearing, SIPTU withdrew its appeals.

The Court received further correspondence from the Respondent requesting that in accordance with section 47(3) of the Workplace Relations Act 2015 that the Court consider the preliminary issue based on written submissions.

The Court, by email of 22 September 2025, sought clarification from SIPTU as to whether the Complainant was contesting the Respondent’s appeal and setting out the request to have the matter considered based on written submissions only. Confirmation was received on 26 September 2025 that the Complainant was not contesting the appeals.

A Division of the Labour Court sat on 21 October 2025 and considered the submissions before it. It noted that the Complainant had withdrawn her appeal and was not contesting the Respondent’s appeal. The Court also took into account the Courts decision in Debenham Retail (Ireland) Limited (In Liquidation) and Jane Crowe PED243 which, it was accepted, was based on identical facts and circumstances. The Court determined that taking all of the above into consideration that the appeal succeeds.

The decision of the Adjudication officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AM	______________________
27 November 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Áine Maunsell, Court Secretary.