Collective dismissals

In the event of non-compliance with the Collective Redundancies (Protection of Employment) Regulations, the legislation specifies fines of not less than €1,165 for every employee declared redundant.

The Department of Industrial and Employment Relations can take action regardless of whether a collective redundancy (10 dismissals in companies with 21-99 employees, 10% of staff in companies with 100-299 employees, 30 dismissals in larger companies) has been notified or not to the Director General Industrial and Employment Relations. The Department of Industrial and Employment Relations is empowered to pass on the case to the police to take criminal action in the case of a breach of any of the provision of the Collective Redundancies (Protection of Employment) Regulations.

Moreover, the affected party (being the employee or ex-employee) can also institute a claim of alleged unfair dismissal before the industrial tribunal which has exclusive jurisdiction in cases of alleged unfair dismissal.

If the employer fails to give the employee the statutory notice period or does not require the employee to work during the notice period, the employer has to pay the employee a sum equal to the full wages that would be payable in respect of the unexpired period of notice.