In accordance with the Protection of Employment Act 1977 to 2014, this company notified me on 20th June 2018, of 5 potential redundancies likely to arise in the company, as a result of a global restructuring of the company, due to financial losses and a changing service model.
The main purpose of the Act is to ensure that appropriate consultation takes place between the employer and employees and that both parties engage to avoid or lessen the number of redundancies where possible. The Act provides that, where employers are planning collective redundancies, they are obliged to supply the employees’ representatives with specific information regarding the proposed redundancies and to consult with those representatives at least 30 days before the first dismissal takes place. From the documentation supplied to me, I understand that the employer met with the employees and explained the reasons for the restructuring. Employee representatives made suggestions to avoid job losses and the employer endeavoured to examine whether these were feasible.
Under Irish legislation there is no compulsion on an employer to recognise or negotiate with a Trade Union. Section 2(1) of the Act defines "employees' representatives" as a trade union, staff association or excepted body with which it has been the practice of the employer to conduct collective bargaining negotiations, or, in the absence of these, a person or persons chosen (under an arrangement put in place by the employer) by employees affected or likely to be affected by the proposed collective redundancies, from amongst their number to represent them in negotiations with the employer. The employer appears to have met its statutory obligations in this regard.
Ireland has a comprehensive body of employment rights, equality and industrial relations legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. The Workplace Relations Customer Service Section provides information in relation to the rights and obligations under the relevant legislation. Any persons with questions or complaints regarding their rights under employment legislation should contact WRC which can be contacted at Lo-call: 1890 80 80 90. The website www.workplacerelations.ie also provides extensive information on employment rights.