The Protection of Employment Act 1977 imposes a number of obligations on employers who are proposing collective redundancies, including an obligation under section 9 and 10 to engage in an information and consultation process with employees’ representatives and to provide certain information relating to the proposed redundancies. Section 11A of the Act provides that, where an employee believes the employer to be in breach of sections 9 or 10, they may pursue a complaint to the Workplace Relations Commission. It is also an offence under section 11 of the Act where an employer fails to comply with sections 9 or 10.
There is also an obligation under section 12 which makes it mandatory on employers proposing a collective redundancy to notify the Tánaiste, as the Minister for Enterprise Trade and Employment, of the proposed collective redundancy. An employer is prohibited from issuing any notice of redundancy during the mandatory employee information and consultation period (required by the l977 Act) and until 30 days have elapsed from the date on which the Tánaiste has been notified. I can confirm that the notification regarding proposed collective redundancies at Celbridge Manor Hotel (Clann Hospitality) was received in the Tánaiste's office on the 11th of October.
The Redundancy Payments Act 1967 places a legal obligation on employers to give notice of redundancy and make a statutory redundancy lump sum payment to an eligible employee. However, the Social Insurance Fund provides a safety net for employees in situations where the employer cannot pay due to financial difficulties or insolvency. Negotiations on enhanced redundancy are a voluntary matter between the employer and former employees.
If an employer has failed to pay redundancy entitlements they can refer a complaint to the Workplace Relations Commission for an adjudication and redress where appropriate.
I understand that issues have arisen in relation to the employees' Pandemic Unemployment Payments (PUP). This matter is appropriate to my colleague Heather Humphreys, Minister for Social Protection.
