Written answers

Tuesday, 27 May 2008

Department of Enterprise, Trade and Employment

Departmental Statistics

9:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 301: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of prosecutions taken since 2003 against employees in conjunction with compliance with Irish and European legislation, directives and conventions for the protection of workers; the number of convictions achieved; and the forms of sanctions imposed. [20645/08]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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There have been no prosecutions taken against employees in conjunction with compliance with Irish or European legislation, directives or conventions for the protection of workers from 2003 to date.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 302: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of prosecutions taken since 2003 against employers in conjunction with compliance with Irish and European legislation, directives and conventions for the protection of workers; the number of convictions achieved; and the forms of sanctions imposed. [20646/08]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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The following table shows details of criminal proceedings initiated since 2003 insofar as alleged offences detected by the Labour Inspectorate (now the National Employment Rights Authority's (NERA) Inspection Services) under certain employment rights legislation are concerned.

Table: Details of criminal proceedings initiated since 2003 insofar as alleged offences detected by the Labour Inspectorate (now the National Employment Rights Authority's Inspection Services) under certain employment rights legislation are concerned.
200320042005200620072008
No. of Proceedings initiated255459629819
No. of Proceedings settled/ withdrawn prior to Court Hearing82629312914
No. of Convictions211831263427
Note: The number of convictions secured and the number of cases settled/withdrawn prior to Court hearing do not necessarily refer to the cases in respect of which proceedings have been initiated in that year.

List of Employment Rights Legislation to which above proceedings refer:

National Minimum Wage Act, 2000

Organisation of Working Time Act, 1997

Industrial Relations Acts, 1946 to 2004 (and Employment Regulation Orders and Registered Employment Agreements made thereunder)

Payment of Wages Act, 1991

Protection of Young Persons Act, 1996

Monetary fines are the usual form of sanction imposed. The range of fines under key pieces of legislation are as follows:

LegislationMaximum Fines
Industrial Relations Acts, 1946-2004Range from €634.87 to €1,269.84
Protection of Young Persons (Employment) Act, 1996€1,904.61
Organisation of Working Time Act, 1997€1,904.61
National Minimum Wage Act, 2000€1,904.61
Payment of Wages Act, 1991€1,269.74

The Courts may also, in certain circumstances, make orders directing the employer to pay arrears to employees arising from offences under employment legislation.

NERA reserves the right to initiate legal proceedings in all cases where breaches of employment legislation within its remit are detected. However, NERA's primary focus in such cases is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees. In this regard, NERA recovered almost €2.5 million in arrears in total in 2007 arising from breaches of certain employment rights legislation. The Deputy should be aware that Rights Commissioners of the Labour Relations Commission also hear complaints concerning breaches of certain employment rights legislation.

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