Oireachtas Joint and Select Committees

Tuesday, 9 May 2017

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Banded Hours Contract Bill 2016: Discussion (Resumed)

4:00 pm

Ms Edel McGinley:

I am glad the undocumented were mentioned because they are one of the most vulnerable groups in our society in terms of work and exploitation. We have a massive problem in this country with non-compliance, 38% is a high figure overall. That is just the tip of the iceberg because the National Employment Rights Authority, NERA, and the WRC do not have the necessary resources to fully investigate. One of our biggest problems is enforcement. When cases are adjudicated in the WRC there might be an award of €10,000 or €20,000 but people do not pay. We have had awards of up to €2.4 million and have recouped only something in the region of €230,000. That is staggering. We know a gentleman who is owed €92,000, which was vindicated in the Supreme Court, but he has not been able to enforce his award. The enforcement mechanisms in this State are absolutely appalling. We need better sanctions and I would support criminal sanctions for employers who dip their hands in the pockets of workers and take their money. It is criminal and should be treated as such. We need harsher penalties for exploitation and non-compliance in this State and we need those enforced.

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