Dáil Éireann Debate, Tuesday - 22 March 2022
114. Deputy Pat Buckley asked the Tánaiste and Minister for Enterprise, Trade and Employment if the 30-day waiting time for receivership of a company (details supplied) in County Limerick will be waived in order that employees can access social welfare assistance; and if he will make a statement on the matter. [14789/22]
View answerI extend my sympathies to the employees of Roadbridge Limited who are at risk of redundancy at this time. I fully appreciate how difficult the situation is for those involved and for their families.
The Protection of Employment Act 1977 imposes a number of obligations on employers who are proposing collective redundancies. It includes an obligation to engage in a 30-day information and consultation process with employees’ representatives and to provide certain information relating to the proposed redundancies. Where an employee believes the employer to be in breach of the Act, they may pursue a complaint to the Workplace Relations Commission.
It is not possible to waive the consultation period. The employer – or a receiver or liquidator appointed to the employer – has a statutory obligation under sections 9 and 10 of the Protection of Employment Act 1977 to consult with employees. There are no provisions allowing for waiving of the consultation period set out in law.
Following engagement with my Department, the receiver confirmed to employees there is no statutory restriction on employees taking up additional employment during a statutory redundancy consultation period, in circumstances where they are not expected to attend the workplace. Provided they do not resign from their current employment, there should be no obstacle to retaining their statutory redundancy entitlements.
I assure you Government will work in a coordinated way to assist the workers of Roadbridge Ltd. The Department of Social Protection is currently working to provide income support for employees affected by Roadbridge’s immediate cessation of trade and has been in contact with the receiver in this regard.
Further, in situations where the employer cannot pay statutory redundancy and other wage related entitlements due to insolvency, the State provides a safety net for employees to ensure they receive their statutory entitlements from the Social Insurance Fund.
