Dáil debates
Wednesday, 29 February 2012
Redundancy Payments
3:00 pm
Richard Bruton (Dublin North Central, Fine Gael)
I sought to draw attention to the fact the disputes in question are different in their nature. I signalled we need to look again at the law in the cases of the Jane Norman and La Senza disputes where effectively an administration decision in the UK courts led to these companies closing. There is an exemption in law from the terms of the Protection of Employment Act 1977 where a company is in liquidation or the court has initiated the closure. I said we are examining whether that remains a valid approach. If a liquidator is appointed to a company, for example, should the liquidator carry forward the obligations to consult with the employees, operate a 30-day period and so on?
The issue of company structures being used to conceal assets goes well beyond labour law into much wider issues of company law. The Office of the Director of Corporate Enforcement looked at the company structures in the case of one of those companies to which the Deputy referred. While he found there were complex transactions, there were no grounds to indicate illegality in what had been done.
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