Dáil debates

Tuesday, 15 April 2014

Ceisteanna - Questions - Priority Questions

Companies Law

2:15 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

If a firm allows a person to have statutory redundancy on having let him go over a period and then employs another individual to replace him, it is generally regarded as grounds for a case of constructive dismissal and against the law. If the Minister does not want to refer to the particulars in my question, he might simply refer to its spirit. As the law stands, an individual can set up a company and employ an individual to replace a member of staff let go in a parallel company and who was on a higher wage. This is effectively constructively dismissing the person being replaced. If the activity in the first example is wrong, surely the use of company law is wrong in the second example. Does the Minister not agree with me that both sets of circumstances exploit the worker?

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