Written answers

Thursday, 11 May 2023

Department of Enterprise, Trade and Employment

Trade Unions

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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102. To ask the Minister for Enterprise, Trade and Employment whether he has engaged with the trade unions regarding the liquidation of a company (details supplied). [22064/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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It is my understanding that a provisional liquidator has been appointed to the company.

The Companies Act 2014 provides safeguards to ensure that a liquidation process, including where a provisional liquidator has been appointed, complies with the relevant statutory requirements. The Companies Act 2014 allows for any creditor, including employees, of the company to apply to the court for a determination on any question arising in the winding up of a company.

The Minister has no role in the administration of a liquidation, and it is the responsibility of the provisional liquidator to engage with all relevant parties.

The Minister received a collective redundancy notification from the provisional liquidator on 4 May 2023. I understand the provisional liquidator will shortly commence consultations with trade unions and employee representatives of the employees concerned.

The Redundancy Payments Scheme and Insolvency Payments Scheme protect the employees of companies that have become insolvent. These Schemes are administered by the Department of Social Protection. Payments are made from the Social Insurance Fund and are subject to certain limits.

The Redundancy Payments Scheme ensures eligible employees receive their statutory redundancy payment in the event that their employer is unable to pay.

Under the Insolvency Payments Scheme, employees may also claim, through an employer representative, such as the official liquidator or receiver, various outstanding debts including:

  • Arrears of wages and sick pay
  • Outstanding holiday pay
  • Unpaid statutory minimum notice
  • Certain arrears of pension contributions
  • Various statutory awards made by the Workplace Relations Commission (WRC)

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