Dáil debates

Wednesday, 12 November 2014

Workplace Relations Bill 2014: Report and Final Stages

 

11:50 am

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

I support the thrust of the amendment. The corporate veil was to some extent pierced by the Companies Act 1990, which stipulates that in certain situations directors of a company which had gone out of existence could be held personally liable for trading while insolvent or other activities.

There is no doubt that, as previous speakers indicated, certain companies are playing fast and loose with the loopholes in company law. An example in this regard is the case relating to J.J. Rhatigan and Company, which was mentioned in the House yesterday on Leaders' Questions. This company is contracted directly to the Department of Education and Skills. It has consistently abused its workers at a number of sites, particularly one located in Lucan, County Dublin, and neither the Department of Education and Skills nor the Department of Jobs, Enterprise and Innovation has intervened. Will the Minister of State provide an assurance to the effect that action will be taken to bring this type of abuse to an end forthwith? This matter has dragged on for 15 weeks and the company has circumvented the law by designating its employees as subcontractors. That is absolutely outrageous because the individuals in question work for a wage and are employees in the normal sense of the word. In order to circumvent the law and avoid its obligations, however, J.J. Rhatigan and Company has designated them as subcontractors. That type of behaviour is completely insupportable. I ask the Minister of State to provide an assurance to the effect that this practice will investigated as a matter of urgency. It should already have been investigated during the past four months and brought to an end.

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