Written answers

Wednesday, 27 April 2016

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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15. To ask the Minister for Jobs, Enterprise and Innovation the total number of referrals made to the Workplace Relations Commission inspector in relation to non-compliance of section 14(1)(a) to (d) of the Organisation of Working Time Act 1997 concerning Sunday work and supplemental provisions in 2015, and to date in 2016; and if he will make a statement on the matter. [8535/16]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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With effect from 1st October 2015, the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court were merged into a new Body of First Instance, known as the Workplace Relations Commission (WRC).

The WRC’s core services include the provision of early resolution, mediation, conciliation, facilitation and advisory services, adjudication on employment and equality complaints, the monitoring of employment conditions to ensure the compliance and enforcement of employment rights legislation, the provision of information, and the processing of employment agency and protection of young persons (employment) licences.

The WRC has informed me that the statistics maintained by the Inspection and Enforcement Division of the Workplace Relations Commission in relation to complaints received are not categorised by individual topic. It is the outcomes of the inspections of such complaints that are categorised and quantified.

Complaints in relation to issues under section 14 of the Organisation of Working Time Act are dealt with by the Adjudication Service. In circumstances where inspectors, in the course of the inspection of employment records, become aware of, or suspect, a possible failure to comply with the provisions of section 14(1)(a) to (d) of the Organisation of Working Time Act, 1997, the employer concerned is advised of their obligations. In addition, employees are advised of the avenues of redress open to them.

There were 940 claims submitted, in relation to the Organisation of Working Time Act, to the Rights Commissioner Service of the Labour Relations Commission during the period 1st January 2015 to 30th September 2015. These claims cover a variety of issues including annual leave, public holidays etc. Further detail on the particular sections of the Organisation of Working Time Act that these relate to is not available.

The complaints received by the WRC in relation to Organisation of Working Time for the period October to December 2015 is 563, while those for January to March 2016 total 606.

A deeper analysis of these shows a total of 62 Specific Complaints related to Sunday premium in the October.-December 2015 period, and 59 Specific Complaints in the period January-March 2016. These figures include complaints presented to the WRC Inspection Services and the Adjudication Services.

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