Richard Bruton (Dublin North Central, Fine Gael)

I thank the Deputies for raising this important issue. Workers at Lagan Brick in Kingscourt, County Cavan, have been involved in a protest outside the company's premises following its announcement before Christmas that it expects to make 29 of its 39 employees redundant and to close the Kingscourt plant. The employees want to retain maximum employment at the plant and to secure satisfactory redundancy terms for any employees who lose their jobs. Representatives of the company and the trade union, SIPTU, attended talks at the Labour Relations Commission last Tuesday, 10 January, and I understand the conciliation conference was adjourned to allow both parties to reflect on their positions. That engagement will reconvene at the LRC next Monday, 16 January. I am aware there was an earlier collective redundancy at another Lagan Brick factory in 2011. The ensuing dispute in that instance was successfully resolved by utilising the conciliation service of the Labour Relations Commission.

Under the Protection of Employment Acts 1977 to 2007 there are several provisions regarding the information and consultation process which must be entered into with employee representatives prior to the implementation of collective redundancies, and regarding the provision of information to the Minister for Jobs, Enterprise and Innovation. Certain sections of the Acts make it mandatory for an employer proposing collective redundancy to engage in a 30 day information and consultation process with employee representatives and to provide certain information relating to the proposed redundancies. An employer is prohibited from issuing any notice of redundancy during the mandatory employee information and consultation process.

I understand the workers have taken issue with the manner in which the job losses were announced and are claiming the company has contravened the 30 day notice period provided for in the Acts. This matter may be resolved at conciliation. Alternatively, Regulation No. 6 of the European Communities (Protection of Employment) Regulations 2000 provides a remedy for employees whose employer has not complied with sections 9 and 10 of the Protection of Employment Act whereby they may refer complaints to a rights commissioner. In the case of Lagan Brick, I am not directly a party to the information and consultation process and am not in a position to determine whether there have or have not been breaches of that Act.

Deputy Smith is correct that SIPTU has written directly to me with a request to investigate this case. However, the matter is now at the LRC. We have a voluntary system of industrial disputes resolution in this State under which even the most difficult disputes have been successfully resolved by conciliation and negotiation by both sides. I am hopeful, as in the previous instance, that this process will lead to a successful conclusion in this case. If it fails, workers' resort would be to the rights commissioners in the first instance. If employees in this case feel their employer has not complied with its obligations, they may consider lodging claims with the Rights Commissioners Service and, if appropriate, seeking professional advice on the matter. The employees may also contact the information unit of the National Employment Rights Authority, NERA, for further information on their individual entitlements. Similarly, the employer may contact NERA for information on its obligations under employment rights legislation.

Section 12 of the Protection of Employment Acts requires an employer to notify the Minister for Jobs, Enterprise and Innovation in writing of proposed redundancies at least 30 days before the dismissal takes effect. I received the statutory notice of the redundancies at Lagan Brick on 15 December 2011. Responsibility for statutory redundancy issues and the operation of the social insurance fund falls within the remit of the Minister for Social Protection.

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