As the company concerned is a client of Enterprise Ireland, my Department has received an early warning report from Enterprise Ireland concerning the planned redundancies in this company. My Department also received a collective redundancy notification in relation to potential redundancies at the company in question on 24 March 2023 and I understand that the employer has commenced the required consultation process.
Employers must comply with a number of legal obligations under the Protection of Employment Act 1977 when proposing collective redundancies, including the requirement to consult with and provide information to employees and their representatives. Employers must also notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy not less than 30 days before the first dismissals.
Accordingly, it is the employer’s responsibility to comply with the legal obligations under the Protection of Employment Act 1977. Employers who are found to have failed to comply with their obligations are guilty of an offence and may be liable on conviction to various fines.
There is, however, no requirement under the Protection of Employment Act 1977 for employers to notify me of any voluntary time off programmes or unpaid leave offered to employees.
The State provides the independent industrial relations dispute settlement mechanisms such as the WRC and the Labour Court to support parties in their efforts to resolve any differences. In that regard, it is important that the autonomy of both employees and employers and their representative bodies in the matter of resolving differences is respected by the State.
In relation to the company in question, It is my understanding from media and other reports that certain information was erroneously sent to some members of staff by the company but that this information subsequently did not represent final severance agreements. Nevertheless, If the company employees believe their employment rights have been breached, they are entitled to refer complaints in the first instance to the WRC.
