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THE AUTHORS OF a workers’ rights report said they could not confirm whether staff at the centre of the Debenhams dispute would be protected by their recommendations.
Debenhams workers have been seeking for the report’s recommendations, which was published in 2016, to be enacted.
Kevin Duffy and Nessa Cahill, authors of the Duffy-Cahill report, appeared before the Oireachtas Committee on Enterprise and Employment.
The pair produced a report in March 2016 which centred on employment rights, where companies separate assets from operations by moving assets into a separate legal entity.
The recommendations, however, have never been implemented.
Mr Duffy, a former Labour Court chairman, was asked about the Debenhams dispute, but he said he would not get into the controversy as he was not aware of the facts.
Debenhams staff have been protesting since April in a dispute with the firm over redundancy terms after 1,000 workers lost their jobs when the chain went into liquidation.
Workers have been calling for enhanced redundancy payments of four weeks’ pay per year of service instead of the statutory two weeks.
The workers want the recommendations of the 2016 report implemented as they believe it would strengthen their rights.
While Mr Duffy would not be drawn into commenting on the dispute, he said that if the facts of a liquidation case was similar to those that they contemplated in the report, then it would be of benefit to the workers.
Mr Duffy said: “While the Terms of Reference note that there may be sound business reasons for such actions, the problem identified is that, if the operating entity subsequently becomes insolvent and is placed into liquidation, the separation of assets from operations may have adverse consequences for employees of the operations entity.”
He said this is regardless of the priority to which workers are entitled under the Companies Act 2014.
Mr Duffy added: “The fundamental proposal was that in situations where the employees are deprived of an opportunity to negotiate enhanced redundancy terms, that they have a legitimate expectation to bring a claim under the Protection of Employment Act.
“What we proposed was that where there is a contractual or quasi-contractual entitlement, that could be a basis for an award for a contravention of the Protection of Employment Act.”
Solidarity-People Before Profit TD Mick Barry also rejected a claim by Tanaiste Leo Varadkar that the report does not apply to the Debenhams workers.
Mr Barry said: “It would seem that on the basis of the answers given, that the comment of the Tanaiste that the Duffy-Cahill report does not apply in the instance of the Debenhams dispute is well wide of the mark.”
“The comment of the Tanaiste that the Duffy-Cahill report does not apply in the instance of the Debenhams dispute is well wide off the mark.”
Ms Cahill, a barrister specialising in administrative law, told the committee that some provisions in law that deals with the ability to pool assets are not being used.
“It could be a group of companies and one of them goes into liquidation and there is a basis to believe that another related company was involved in the management of the liquated company – you should be able to look to that other company to pay the debts of the insolvent company,” she explained.
“We note that provision doesn’t seem to have ever been invoked. It’s quite a novel prevision.
“It’s one we thought could be potentially useful in this situation – so that’s what we mean about saying some of the provisions are useful, but are in more need of being used.”
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What a pity! The political class and the many chancers in public life have no one left who will challenge them. Time to circle the wagons.
As television in ireland continues to go down the road of the bland leading the bland,I think it’s safe to say we will won’t see his likes of Vincent anytime soon. Unless Gene Kerrigan fancies turning his hand to TV?
Vincent was the only one to ask the right questions and stick it to politicians and the like. Never one to be fobbed off. Well done
A cantankerous contrary old git. Never though he got the best out of his guests because they were constantly on edge with him.
@mickmc: like many of us he had a total aversion to the bullsh*t most politicians and media feed us with on a daily basis.
@mickmc: Which is to say what? He upset the politicians who are used to being given a verbal lap dance by the likes of Miriam O’Callaghan or Pat the plank???
@Martin Critten: Yes that’s true but I’m not sure his style of interviewing cut through it either. Sometimes you have to be clever about these things and tease the issue out unknowns to the interviewee.
@mickmc: Put your money where your mouth is and apply to replace him, mick
@Tony Skillington: If he was doing his job properly he wouldn’t be there to upset anyone, just give sensible debate to the issues of the day. VB was only interested in himself getting points across.
@mickmc: hi joan !
@Chris Kirk: I disagree completely, Chris. It was VB’s job to hold these people accountable, not just to give them another platform like they already had on RTE. If he wasn’t grilling them and making them squirm (knowing what we now know about the level of corruption in government), then he wasn’t doing his job. It was a very valuable service he provided in tandem with exemplary journalistic skills.
It was his job to expose BS. If he never upset anyone, the whole program would’ve been pointless.
@Joe Phillips: he held no one to account, he was making tv, nothing more nothing less. It was mildly entertaining but nothing more.
Listening to you would would swear it was the public accounts committee he was running.
@james connolly: no offence, james, but you’re not a reasonable commentator and I don’t know how to talk to you without paper and crayons.
@Joe Phillips: Try balloons and buckets of confetti , he seems to like clowns .
@Chris Kirk: RTE have been giving ‘sensible debates’ for 30 years and are frightened of upsetting the hand that feeds them. VB while acerbic in his questioning at times, does what any good journalist should do…shake up the political elite and cut through the horse $h1t that RTE seem only too happy to dole out. He is a breath of fresh air in public broadcasting and I applaud him for being so.
@Joe Phillips: Did I in any way suggest I had the knowledge or the skill to do his job. You don’t have to be good at a job to recognise when someone else is doing a equally bad job too. I don’t think I ever make it as a premier league footballer at this stage, but that doesn’t say I wouldn’t recognise a bad one when I’d see him.
Thanks Vinny for making politics interesting and being our cat among the pigeons.
TheJournal.ie, how many articles have you published on this guy’s last show? I’m not sure you’ve got the finger on the pulse of the nation on this one.
Yes, acknowledged it but you’re milking a very average news story over the past three days.
Why did Glenda feel the need to capture the choir on her smartphone? Could she not have merely recorded the bleedin’ show? Yours, etc.
@shouldweallbe: I agree! It just seems to be an automatic reaction for so many. They miss the actual core of what’s happening while trying to get a balanced photo on the phone! But what I couldn’t take my eyes off was Mary Lou smiling! She looked so different and quite lovely!!!!
I didn’t bother watching it after his vomit inducing lovefest with the Leo the previous night.
@Dante Marquinhos: That’ll show him who’s boss!
@Honeybadger197:Oh I’d say you showed yourself who’s boss watching Leo the other night. That’s the thing about you Blueshirts, were other political supporters just follow their respective parties, you Blueshirts treat them like they are a boyband and you are a bunch of 14 year old girls with a crush.
Extremely bizarre and disturbing behaviour from supporters of a political party.
@Dante Marquinhos: Dry your eyes Dante. I’m sure in time you’ll forgive Vincent for talking to a Taoiseach and making you all upset and nauseous. I hope this helps x
http://www.healthline.com/health/how-to-stop-vomiting-remedies
@Dante Marquinhos: Talks about lovefest between presenter and politician, talks about sexual infatuation with politicians regularly… Methinks the Dante doth protest too much! Tell me Dante, how did this predilection for politicians first present itself?
@Dante Marquinhos: “Psychological projection is a defense mechanism people subconsciously employ in order to cope with difficult feelings or emotions. Psychological projection involves projecting undesirable feelings or emotions ontosomeone else, rather than admitting to or dealing with the unwanted feelings”
Its not your fault Dante. Its not your fault.
@Honeybadger197: Good, the first step is admitting you have a problem. Well done Honey, you’re on the road to recovery. Best of luck!
@Dante Marquinhos: Yes, would you please admit you have a problem.
@Dante Marquinhos: Few things in life as funny as a triggered shinnerbot. You never disappoint.
@Dante Marquinhos: Yep , disappointed with that one myself , perhaps if Vincent will do “one offs” in the future he can do a real interview with this smarmy git
The underclasses though VB shows was about politics, everyone else saw it for the entertainment show it was.
@james connolly: VB having a laugh at everyone elses expense
@Chris Kirk: exactly.
#gutted
About as politically astute as my dead hamster, give me Andrew Marr and Andrew Neil any day of the week.
I hope he still pops up on TV3 or somewhere else from time to time. It would help with the DTs!
I liked his no nonsense couldn’t give a flying f*ck who you are approach.
So apart from Gene Kerrigan what other journalist do we have that has the balls to take on the establishment .(Sorry ladies not meant to be a misogynist comment )
Good riddance. A rude belligerent individual with no redeeming features. His interruptions made Cathal Mc Coille look like an amateur.
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