Firstly, I want to say that I fully understand how difficult and stressful this time is for the workers at Indeed, as well as their family members.
Ireland has a robust suite of employment rights legislation to protect and support workers in collective redundancy situations. The Protection of Employment Act 1977 imposes certain legal obligations on employers proposing collective redundancies. These obligations include engaging in an information and consultation process of at least 30 days with employees’ representatives, and notifying the Minister for Enterprise, Trade & Employment of the proposals at least 30 days before the first dismissal takes place. A collective redundancy notification was received from the company on 29 March 2023.
The consultation with employees’ representatives should include the possibility of avoiding the proposed redundancies, reducing the number of employees effected or mitigating their consequences.
While I strongly encourage parties to engage in the consultation process in a constructive manner with a view to finding a mutually acceptable solution, the ultimate responsibility for the resolution of any issues arising rests with employers, the workers and their representatives.
It is the employer’s responsibility to comply with the legal obligations under the 1977 Act and employers who fail to comply are guilty of an offence and may be liable on conviction to fines ranging from €5,000 up to a maximum of €250,000. The Workplace Relations Commission (WRC) is the statutory agency responsible for bringing such prosecutions.
The WRC is also the organisation which is mandated to secure compliance with employment rights legislation. Employees have the right to refer complaints to the WRC on a wide range of employment law breaches for an adjudication and compensation where appropriate. This includes the right to refer a complaint under the Protection of Employment Act 1977 should an employer fail to consult or provide certain information to employees. The WRC is independent in the performance of its functions.
In May, Government approved the priority drafting of the Plan of Action on Collective Redundancies following Insolvency Bill. This Bill will, inter alia, make certain changes to the Protection of Employment Act 1977. One change proposed is to allow employees to make a complaint to the WRC where an employer dismisses them before the expiry of the 30-day period following notification of the collective redundancies to the Minister. This change will apply to all collective redundancies.
