Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 324: To ask the Minister for Jobs, Enterprise and Innovation if he will investigate the circumstances surrounding the closure of a company (details supplied) in County Cavan to ascertain if the company adhered to legalisation governing the implementation of compulsory redundancies. [1500/12]

Richard Bruton (Dublin North Central, Fine Gael)
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In general, matters relating to compulsory redundancy are a matter for the nister for Social Protection. However, as nister for Jobs, Enterprise and Innovation, I have certain functions in relation to collective redundancy situations, whether voluntary or compulsory.

The Protection of Employment Act 1977 Act (as amended) makes it mandatory on employers proposing a collective redundancy to engage in an information and consultation process with employees' representatives and to notify the nister for Jobs, Enterprise and Innovation of the proposed collective redundancy. An employer is prohibited from issuing any notice of redundancy during the mandatory employee information and consultation period and until 30 days have elapsed from the date on which the nister has been notified. In the case of the company referred to, I received a notification under the Act on 15 December 2011.

The Protection of Employment Act 1977 Act (as amended) also makes provision for an employee, or a trade union, staff association or excepted body on behalf of an employee, to present a complaint to a rights commissioner that an employer has not complied with the requirements of the Act in relation to information and consultation of employees. The rights commissioner investigation of a complaint may involve the presentation of both oral and written evidence by both the complainant and the employer at a hearing. After considering the matter, the rights commissioner will issue a written decision. Complaint forms are available from the National Employment Rights Authority (NERA) or on the internet at www.workplacerelations.ie.