Written answers
Tuesday, 27 May 2008
Department of Enterprise, Trade and Employment
Departmental Statistics
9:00 pm
Michael 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]
Billy 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.
Michael 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]
Billy 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. | ||||||
2003 | 2004 | 2005 | 2006 | 2007 | 2008 | |
No. of Proceedings initiated | 25 | 54 | 59 | 62 | 98 | 19 |
No. of Proceedings settled/ withdrawn prior to Court Hearing | 8 | 26 | 29 | 31 | 29 | 14 |
No. of Convictions | 21 | 18 | 31 | 26 | 34 | 27 |
Note: The number of convictions secured and the number of cases settled/withdrawn prior to Court hearing do not necessarily refer to the cases in respect of which proceedings have been initiated in that year.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:
Legislation | Maximum Fines |
Industrial Relations Acts, 1946-2004 | Range 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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