- Phase
- Protection of employment act, 1977 (as amended by S.I. No. 370/1996 Protection of employment order 1996 and S.I. No. 488/2000 Protection of employment regulations 2000); Protection of employment (exceptional collective redundancies and related matters) act, 2007
- Native name
- Protection of employment act, 1977 (as amended by S.I. No. 370/1996 Protection of employment order 1996 and S.I. No. 488/2000 Protection of employment regulations 2000); Protection of employment (exceptional collective redundancies and related matters) act, 2007
- Type
- Effects of non-compliance with dismissal regulations
- Added to database
- 08 May 2015
Article
1977 Act: 11, 13, 14; 2007 Act: 13
Description
Under sections 9 and 10 of the 1977 Act, there is an obligation on an employer to consult with employee representatives and supply certain information in the context of collective redundancies. Collective redundancy, for the purpose of the act, is defined as least 5 redundancies in an establishment employing 21-49 employees; at least 10 redundancies in an establishment employing 50-99 employees; at least 10% of employees made redundant in an establishment employing 100-299 employees; and at least 30 redundancies in an establishment that employs 300 or more people.
Section 11 deals with failure to comply with sections 9 and 10: an employer who fails to initiate consultations can be fined by up to €5,000.
Section 13 imposes a fine of €5,000 on an employer who fails to notify the minister of proposed redundancies.
Under section 14 of the act, an employer is not allowed to commence collective redundancies until the 30-day consultation period has expired. If the employer breaches this provision, they face a fine of up to €250,000. This fine had been €12,500 before the 1977 Act was amended by the 2007 Act. Offences under sections 9 and 10 of the 1977 Act are prosecuted by the relevant minister.
There are significant changes planned to the rights and redress provisions of the 1977 Act, which are set to be enacted in 2024. These include liquidators/receivers of insolvent companies being liable for information and consultation breaches, as well as a new complaint workers can bring against employers effecting their redundancy before the 30-day consultation period expires.
Citation
Eurofound (2015), Ireland: Effects of non-compliance with dismissal regulations, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/effects-of-non-compliance-with-dismissal-regulations/ireland