Róisín Shortall (Dublin North West, Labour)
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Question 200: To ask the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 72 of 13 October 2009 in regard to the reference to outsourced contractors if she will comment on reports that these contractors are offering employees at a company (details supplied) working conditions that are inferior to that of the original contracts and which break the Protection of Employees on Transfers of Undertakings Regulations 2003 (S.I No. 131 of 2003); and the steps she will take to ensure that workers' rights are fully protected.. [38344/09]

Dara Calleary (Mayo, Fianna Fail)
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Following the intervention of the National Implementation Body and the ensuing appointment of a mediator to assist the parties, I am pleased to note that both the workers and the company have accepted the terms of a settlement agreement and the dispute at Coca Cola HBC Ireland has been resolved. I understand that the settlement agreement provides for redundancy terms in respect of the 130 Coca Cola workers who had been made redundant by the company in September.

In relation to the Transfer of Undertakings Regulations, it would be a matter for a Rights Commissioner to determine in law if any particular case does in fact constitute a transfer of undertakings situation, in the light of all previous case law, including European Court of Justice (ECJ) case law.