974. Deputy Cormac Devlin asked the Minister for Enterprise, Tourism and Employment the measures in place to ensure that employers undertaking collective redundancies comply with their obligations under the Protection of Employment Act 1977, as amended, to consult employee representatives in good time and with a view to reaching agreement; the enforcement mechanisms and penalties that apply where those obligations are not met; and if he will make a statement on the matter. [55509/26]

987. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment the mechanisms in place to ensure that any redundancy process is carried out fairly and within legal frameworks; and if he will make a statement on the matter. [55664/26]

I propose to take Questions Nos. 974 and 987 together.

Ireland has a robust legislative framework in place which provides important safeguards for employees who may be impacted by collective redundancies. These rules are set out in the Protection of Employment Act 1977, as amended.

Under the 1977 Act, collective redundancies arise 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; and 30 employees where 300 or more are employed.

Section 9 of the 1977 Act sets out the employer’s obligation to engage in an information and consultation process with employees’ representatives for at least a 30-day period before any notice of redundancy can issue. The 1977 Act specifies that the consultation with employees’ representatives should include the possibility of avoiding the proposed redundancies, reducing the number of employees effected or mitigating their consequences.

To ensure transparency during the collective redundancy process, section 10 of the 1977 Act obliges the employer to provide certain information relating to the proposed redundancies to the employees’ representatives during the consultation.

Under section 12 of the 1977 Act, employers must also notify the Minister for Enterprise, Tourism and Employment of the potential redundancies at least 30 days before the first dismissal takes place.

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 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.

The Workplace Relations Commission (WRC) is 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 make a complaint where they believe their employer has failed to fulfil its obligations under the Protection of Employment Act 1977. Grounds for complaint under the 1977 Act include:

• Failure to hold consultations with employees’ representative,

• Failure to provide employees’ representatives with required information during the consultation, or

• Dismissing an employee before expiry of the 30-day period following notification to the Minister.

Complaints must be made within 6 months of the date of alleged breach. The WRC can extend this time period to 12 months if an employee can demonstrate reasonable cause. If the WRC finds in the employee’s favour, they can award up to 4 weeks’ remuneration for each breach of the Act.

Employers may also be prosecuted and, if convicted, fined if they fail to comply with their obligations under the Act. Further information is available on the WRC’s website: www.workplacerelations.ie/en/what_you_should_know/ending%20the%20employment%20relationship/collective%20redundancies/.