Dáil debates

Wednesday, 2 May 2012

Protection of Employees (Amendment) Bill 2012: Second Stage (Resumed)

 

6:00 pm

Photo of Tom BarryTom Barry (Cork East, Fine Gael)

I welcome the opportunity to speak on the Bill. As an employer of 18 years I consider this to be an important topic. At a time of high unemployment, security of employment is all the more important. An economic crisis should not deter us from striving to ensure that employees are treated fairly and equitably. It is in how we handle issues such as employee rights at these times that we will be judged. However, the principle must always be approached in a measured and balanced way. I will not be supporting the Bill because while I agree with and admire the spirit of the Bill, the way it is presented will not resolve the difficulties with which it proposes to deal.

First, the Bill proposes extending the information and consultation period prior to redundancy from 30 days to 90 days. The reality is that the proposal would have little impact in the case of a number of high profile company wind-ups that have brought the Bill before us today. The 30 day period is sufficient and has always been sufficient. There has never been an application by either an employee's group or an employer's group to revise it upwards. In these high profile business failures it was not the case that there was a failure to meet the 30 day deadline. There was no consultation or information period whatsoever. We have a better chance of co-operation and adherence where the mandatory period of time is practicable and manageable. Irrespective of the length of the period set out, sadly, there will be situations where companies will not comply and there are procedures in law to deal with those circumstances. This is not the right answer to the problem.

Other speakers have referred to the 2012 sample of redundancy notifications that have shown that 65% of notifications gave six weeks notice and 50% allowed two months or more where companies are compliant. The mandatory period is perfectly sufficient and extending it would do nothing to address the cases of non-compliance. What it might do however, is act as a chill factor, repelling prospective inward investment which is the last thing we need to do at present.

On the resolution of disputes and the handling of complaints, the Minister, Deputy Richard Bruton, has made impressive progress already and continues to cut through the red tape in regard to employment rights and industrial relations. All first incident complaints are now acknowledged and the employer is notified within five days - a process that in some cases is taking up to eight months. A single complaint form has now replaced 30 existing complaint forms that currently accommodate more than 100 complaint types across five institutions. Where it was taking an average of 142 days to schedule rights commissioner hearings in 2010, these are now arranged within a matter of weeks. A single contact portal and accompanying website, workplacerelations.ie, has successfully brought all the relevant information together in one place, which is of benefit to both employers and employees.

The delivery of an early resolution process has also commenced, assisting parties involved in a dispute to resolve the issue themselves with the assistance of a case resolution officer. Crucially, if the process fails, those involved will not lose their so-called place in the queue. The Minister, Deputy Bruton, has constantly stated his commitment to delivering a world class workplace relations service. Impressive progress has been made in that regard to date. He is also establishing a two-tier workplace resolution structure which means that two statutorily independent bodies will replace the existing five by the end of this year. We need to realise that job creation is the most important aspect of what we do. The Action Plan for Jobs is a seminal document. We need to start looking positively at the issue of job creation.

Sinn Féin should look at its position on the treaty. I run a business and if the treaty does not go through, I fear it will cause me, not to mention my employees, many problems. The uncertainty it will create will be frightening. I am not sure why Sinn Féin is insisting that it will have no impact on the jobs position.

I admire the spirit of the Bill. It is always good to speak about employees' rights and the issue of employment. However, in the way it is phrased, the Bill needs more work.

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