Dáil Éireann Debate, Tuesday - 7 November 2023
398. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he is satisfied that the current round of redundancies undertaken by Google does not fall under a collective redundancy situation; and to outline what steps his Department has made to ascertain the number of redundancies taking place currently in Google; and if he will make a statement on the matter. [47855/23]
Amharc ar fhreagraThe Protection of Employment Act 1977, as amended, imposes certain legal obligations on employers proposing collective redundancies. The Act defines a collective redundancy as where, during any period of 30 consecutive days, the employees being made redundant are:
• 5 employees where 21-49 are employed,
• 10 employees where 50-99 are employed,
• 10% of the employees where 100-299 are employed,
• 30 employees where 300 or more are employed.
Other redundancies outside of these parameters are not required to be notified to the Department.
There are several mechanisms in place to ensure employers comply with their obligations under the Act.
First, employees can make a complaint to the Workplace Relations Commission (WRC) if they believe their employer has failed to undertake a consultation or to provide information to the employees’ representatives. If the WRC upholds the complaint, employees may be awarded up to four weeks’ remuneration for each breach of the Act.
Second, the Act also makes it an offence for an employer to fail to comply with their legal obligations. An employer who fails to initiate consultations, provide information to employees’ representatives or notify the Minister is guilty of an offence and will be liable on summary conviction to a fine not exceeding €5,000. An employer who dismisses employees before the expiry of the 30-day period following notification to the Minister is guilty of an offence and will be liable on conviction on indictment to a fine not exceeding €250,000. The WRC is the statutory agency responsible for bringing such prosecutions.
Where redundancies occur which are outside the parameters of collective redundancies, employers are still legally obliged to conduct the redundancy process fairly and to use a reasonable selection criteria in choosing to make people redundant. In accordance with the principles of fair procedures and natural justice, any such process should normally include a consultation with potentially affected employees.
