Consultation obligations in collective redundancies
The High Court has recently issued judgment in the case of
Tangney and ors v Dell Products, Limerick. This was an
appeal on a point of law from a determination of the Employment
Appeals Tribunal to the effect that the Respondent had not failed
to comply with its obligation to consult with employees in
accordance with section 9 of the Protection of Employment Act 1977
(the "1977 Act") regarding a proposed
collective redundancy. While the High Court ultimately disallowed
the appeal on the basis that the grounds of appeal advanced were
matters of fact, rather than law, the judgment nonetheless
considered (to some degree) when the obligation to consult arises
in the context of collective redundancies. This obligation is
imposed by Directive 75/129/EEC (the
"Directive"), which is implemented in
Ireland by the 1977 Act.
