Flynn sues Ireland over law

The outgoing Irish Commissioner, Mr Padraig Flynn is starting legal proceedings against the Government for failing to implement…

The outgoing Irish Commissioner, Mr Padraig Flynn is starting legal proceedings against the Government for failing to implement EU labour law correctly.

The Commission is sending Ireland a reasoned opinion, the first stage in legal proceedings before the European Court of Justice is involved, complaining that legislation on collective redundancies has been inadequately transposed from EU directives.

Specifically, Irish law restricts the obligations on employers to consult with workers' representatives to representatives elected solely by those facing redundancy, effectively limiting the role of national union officials.

Irish law has no provision guaranteeing workers representation for information and consultation ahead of collective redundancies when opposed by an employer.

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The Commission also argues that Irish procedures and penalties are inadequate to protect workers' rights to claim compensation for non-consultation by employers. Nor does Irish law provide sanctions against employers who lay off workers before the 30-day notification period has expired.

Patrick Smyth

Patrick Smyth

Patrick Smyth is former Europe editor of The Irish Times