Seanad debates

Wednesday, 17 June 2015

Commencement Matters

Employment Rights

10:30 am

Photo of David CullinaneDavid Cullinane (Sinn Fein) | Oireachtas source

I welcome the Minister of State's call for the company to meet with unions and staff, which should happen as a matter of courtesy. It should have happened before now, and while that is outside the control of the Minister of State, we can only make that call.It again raises the question as to whether the former owner, Gordon Brothers, engaged in sharp practice when it broke up Clerys into two separate companies. OCS Investment Holdings, the company that held the property and assets of Clerys, walked away from the sale of the site with a handsome profit, while OCS Operations, which employs the staff, was sold off for €1 and liquidated before the company could be required to give workers in Clerys the 30 days' protective notice required by law. While none of this was illegal, it was in train for two years and was potentially an example of sharp practice. The company knew exactly what it was doing. It engaged in the asset-stripping of Clerys and maximised its profits before walking away from the company, leaving its workers high and dry.

We all share the Minister of State's welcome expression of shock. However, we must ensure these events are not repeated. Company law was must be reviewed to ensure the rights of a legal or corporate entity are not allowed to trump the rights, needs and responsibilities of workers. Sinn Féin will work with the Government and support any legislation it may introduce to address this issue. Failing that, we will consider introducing our own legislation.

I welcome the moves afoot to ensure the workers are paid under the redundancy payment scheme. It is good that progress is being made quickly and I hope workers will receive payment as soon as possible.

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