Dáil Éireann Debate, Wednesday - 1 June 2016
227. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if sections 9 and 10 of the Protection of Employment Act 1977 were complied with in the closure of an organisation (details supplied); and if she will make a statement on the matter. [13982/16]
View answerAuthorised officers have sought information from a number of parties in relation to the collective redundancies that took place on 12 June 2015, pursuant to the appointment of a provisional liquidator to OCS Operations Limited. The work of the authorised officers relates to the application of the Protection of Employment Act 1977 (as amended) to the collective redundancies in question. That Act imposes a number of obligations on employers who are contemplating collective redundancies, including an obligation to consult with employees (section 9) and an obligation to provide certain information to employees for the purpose of section 9 consultations (section 10). The work of the authorised officers is ongoing. In this regard the Deputy may be aware from media reports that one of the parties from whom the authorised officers sought information initiated proceedings in the High Court challenging the powers of the authorised officers. The High Court is due to consider the matter further on 7 July.
On a separate note, the Deputy may be aware from media reports that in July 2015 over 60 former Clerys workers, represented by their respective trade unions SIPTU and Mandate, made complaints to the Rights Commissioner Service under the Protection of Employment Act 1977 (as amended) and that in January 2016 they were awarded compensation by a Rights Commissioner in respect of their complaints. The Rights Commissioner Service was under the auspices of the Labour Relations Commission, prior to the establishment of the Workplace Relations Commission on 1st October 2015. The service acted independently in the exercise of its quasi-judicial function. Hearings heard under the auspices of a Rights Commissioner were heard in private, and in accordance with the relevant legislation their decisions or recommendations were issued to both parties and/or their representative(s), but were not published.
