Written answers

Tuesday, 4 April 2017

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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680. To ask the Minister for Jobs, Enterprise and Innovation if she will examine the redundancies announced at a company (details supplied) under the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 and determine if these are carried out to replace the employees with workers on lower pay or less favourable terms and conditions; and if she will report on this matter. [16672/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Arising from its obligations under the Protection of Employment Act 1977, the company making the redundancies wrote to the Minister for Jobs, Enterprise and Innovation on 7th February 2017 to give notice of proposed collective redundancies and the opening of the consultation process required under that Act. I am informed that consultations with employees are ongoing. The company subsequently clarified to my officials that it does not intend to replace those selected for redundancy with workers on lower pay or less favourable terms and conditions and that the redundant roles within their Irish business will no longer function in the State. On this basis it would appear the proposed redundancies would not come within the meaning of exceptional collective redundancies.

Under the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 it is either the employees' representative or the employer who triggers whether a proposal to create collective redundancies should be referred to the Redundancy Panel. If it is the employees' representative that requests the matter to be referred to the Redundancy Panel, they must act with the approval of the majority of those whom they represent.

I can confirm that my Department has not received a request under the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007, that the proposed collective redundancies be referred to the Redundancy Panel for a determination.

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