Thomas Gould
Question:122. Deputy Thomas Gould asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the implementation of the Duffy Cahill Report. [60787/21]
View answerThursday, 9 December 2021
Questions (122)
Written answers
The 'Plan for Action on Collective Redundancies following Insolvency' was published on 9th June. This sets out several commitments to safeguard further the rights of workers in these circumstances including (i) a range of amendments to company law and employment law; (ii) setting up an Employment Law Review Group on a statutory basis and (iii) the provision of an accessible guidance document to help workers and their representatives navigate the existing legal framework.
The Guidance Document has just been completed and will be published shortly. It will provide clear and accessible information for employees facing a collective redundancy situation following a company insolvency.
Work on drafting the amendments to the Protection of Employment Act 1977 will commence in the first quarter of 2022.
The Employment Law Review Group will initially be established on a non-statutory basis as early as possible in 2022.
The following recommendations were progressed in the Companies (Rescue Process for Small and Micro Companies) Act 2021, which is due to commence shortly;
- Amendment to section 627 to clarify the liquidator has power to bring/defend proceedings before the WRC and Labour Court.
- section 587 to oblige the liquidator/director to ensure creditors are made aware they have the right to form and participate in a Committee of Inspection.
- section 666 to provide that where a Committee of Inspection is appointed it shall include at least one employee creditor member.
The remaining company law recommendations will be progressed next year. The CLRG is currently finalising its consideration of the issue of splitting of corporate operations from asset holding entities in group structures.