Vol. 423 No. 2
36 Mr. Ferris asked the Minister for Labour if he has satisfied himself that the requirement under the Protection of Employment Act, 1977, whereby his Department is given one months notice of impending mass redundancy, is being fully adhered to by employers; and if he proposes to make any alterations to this Act.
The main purpose of the Protection of Employment Act is to ensure that, where there is a likelihood of redundancies occuring, workers representatives receive advance notice and are consulted beforehand by the employer. There is an obligation on the employer to notify me also and not to proceed with the implementation of the redundancies until 30 days have elapsed from the date of notification.
I am apprised of collective redundancies in two ways mainly. Usually, employers notify me, as provided for under the Act. Workers or their representatives may also bring to my attention threatened or alleged breaches of the Act.
Such reports are always investigated and followed up particularly with a view to ensuring compliance with the provisions of the Act and that proper consultations with workers representatives take place. In my opinion this is the most important feature of the whole process — employers and workers representatives discussing the possibility of avoiding or reducing the number of proposed redundancies and of mitigating their consequences. I am satisfied that, in the vast majority of cases, the Act is complied with and that only a relatively small number of complaints have been received. Recently I secured the first successful prosecution under the Act and further prosecutions are pending.
As regards proposals to amend the Act, my Department is at present completing a review of the operation of the legislation with a view to assessing the need to amend it. In addition the EC Directive, on which the 1977 Act is based, has recently been revised and our legislation will have to take account of the revisions contained in the Directive.
My Department will be continuing discussions with both sides of industry about proposed changes to the Act.
