Written answers

Tuesday, 17 June 2014

Department of Jobs, Enterprise and Innovation

Industrial Relations

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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301. To ask the Minister for Jobs, Enterprise and Innovation the action he has taken to address the concerns of former employes of a company (details supplied); if there is any recourse available to them to obtain moneys owed to them; if he will ask NERA to investigate the matter; and if he will make a statement on the matter. [25347/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I have previously received correspondence on behalf of the former employees in this case and note that a variety of complex issues, encompassing a number of employment rights statutes, are involved. I would point out that Ireland has a strong body of employment rights in which are set out the means for obtaining redress where an employment relationship has ended and an employee's rights have been breached. Complaints to an employment rights dispute settlement body may be initiated by the employee, or under certain legislation, may also be initiated by the employee’s trade union, excepted body or others as specified in the relevant legislation.

Employment rights that may be relevant to the former employees in this case are contained in a number of Acts and Statutory Instruments, including the Payment of Wages Act, the Protection of Employment Acts, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, the Minimum Notice and Terms of Employment Acts and the Redundancy Payments Acts.

Generally, where an employment relationship has ended and an employee is owed wages, the employee may take a case to a Rights Commissioner pursuant to the Payment of Wages Act 1991. The claim may seek payment of arrears of wages and payments in lieu of untaken annual leave or a public holiday benefit.

Under the Protection of Employment Acts and the European Communities (Protection of Employment) Regulations, 2000, employers proposing collective redundancies must enter into an information and consultation process of at least 30 days duration with the employees' representatives before issuing notices of redundancy. Where the employees' representatives do not receive the specified information or there is no 30-day consultation period, an employee or the employees' representatives may make a complaint to a Rights Commissioner. Additionally, I have asked for a NERA inspection to ascertain whether the provisions of the Protection of Employment Act 1977 have been complied with.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 provide that all the rights and obligations of an employer arising from a contract of employment, other than pension rights, existing on the date of a transfer (as defined in the Regulations), are transferred to the new employer on the transfer of the business or part thereof. A complaint that an employer has contravened these Regulations in relation to an employee may be presented to a Rights Commissioner.

Under the Minimum Notice and Terms of Employment Acts, an employee who has a minimum of 13 weeks' service with an employer is entitled to notice of termination of employment. The length of notice to which an employee is entitled is dependent on the length of service of the employee and can range between one week's notice for an individual with less than 2 years' service up to eight weeks’ notice for an individual with more than fifteen years' service. Where an employer is unable to provide or does not provide the appropriate notice, then the employer may make a payment in lieu of the notice. An employee who does not receive their minimum notice entitlements may take a case to the Employment Appeals Tribunal.

In accordance with the Redundancy Payments Acts, employees who have at least two years' continuous service with an employer are generally entitled to a statutory redundancy payment in the event of being made redundant. Where an employer either fails to comply with his or her redundancy payment obligations or where there is a dispute regarding redundancy entitlements, claims may be referred by the employee to the Employment Appeals Tribunal.

If a former employee believes that one or more of his/her rights under the above, or other, employment rights legislation has been breached, he/she should consider making a complaint to the relevant employment rights dispute settlement body. He/she may also wish to obtain professional advice on the matter.

The Workplace Relations Customer Service Section of NERA provides information on employees' rights and how to obtain redress if employees' rights have been infringed. It can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. The single complaint form for submitting complaints regarding breaches of employment rights is also available at www.workplacerelations.ie.

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