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Employment Rights

Dáil Éireann Debate, Wednesday - 27 January 2016

Wednesday, 27 January 2016

Ceisteanna (67)

Terence Flanagan

Ceist:

67. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation to deal with a matter (details supplied) regarding former workers of Clerys department store; and if he will make a statement on the matter. [3302/16]

Amharc ar fhreagra

Freagraí scríofa

The liquidation of OCS Operations Limited is currently in the hands of liquidators under the supervision of the High Court. The liquidators of OCS Operations Limited have confirmed that they have submitted a report to the ODCE in accordance with their statutory duties. The Director of Corporate Enforcement is independent in the exercise of his statutory functions.

On 14 January 2016, the Minister of State for Business and Employment, Deputy Ged Nash, and I announced a twin track examination of protections in law for employees and unsecured creditors, particularly to ensure limited liability or restructuring are not used to avoid a company’s obligations to its employees and unsecured creditors. We have appointed two experts to examine the legal protections for workers, particularly where operations and assets may be moved to separate legal entities as part of a restructuring. This examination will specifically look at situations where valuable assets in a company are separated from the operating entity, and how the position of employees can be better protected in such situations. The experts have been asked to report by 11 March 2016.

As part of the twin track process, I have also requested the Company Law Review Group to examine legislation with a view to recommending ways company law could be amended to better safeguard employees and creditors.

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