Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 170: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the action she is taking against a company (details supplied) in County Kilkenny which has breached the Protection of Employment Act 1977, and has failed to avail of the labour relations services; and if she will make a statement on the matter particularly taking account of the company's failure to comply with a Labour Court decision in 2007. [36638/09]

Dara Calleary (Mayo, Fianna Fail)
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In reply to a previous question put down by the Deputy on 8 October about the company, an indication was given that notice of a collective redundancy had not been received in the Department. Following a further search through the unprecedented large number of claims on hand, it is now clear that this information was incorrect. In fact, notice of a collective redundancy was submitted by the Company and received in my Department but was misfiled in the system for categorising claims. I apologise sincerely for the incorrect information given to the Deputy in this regard, which was due to an administrative error.

Given that the company did file the notice as required under the Protection of Employment Act, 1977, I can now confirm that no issue arises in relation to a breach of that Act.

As regards the Labour Relations Commission, I understand that conciliation talks between the company and the union were held, under the auspices of the Labour Relations Commission, on Friday last 16 October 2009. Arising from these talks, I understand that the workers decided not to proceed with proposed strike action and are currently considering their position. The services of the LRC and the Labour Court remain available to the parties, if required.

In relation to the Labour Court decision in 2007 to which the Deputy refers, my understanding is that this related to a restructuring arrangement at the company at that time and that, in that context, the company did in fact comply with the Labour Court decision.