Written answers

Tuesday, 11 October 2016

Department of Jobs, Enterprise and Innovation

Workplace Relations Commission

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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629. To ask the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by the workplace relations bodies on a county basis in each month in 2014, 2015 and to date in 2016; the number of prosecutions undertaken in each county during that time; and if she will make a statement on the matter. [29538/16]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Workplace Relations Commission (WRC) is an independent, statutory body which was established on 1st October 2015 under the Workplace Relations Act 2015. The WRC has responsibility for information provision, workplace advice, mediation, conciliation, adjudication, inspection and enforcement in relation to employment rights, equality and equal status matters and industrial relations.

The WRC assumes the roles and functions previously carried out by the National Employment Rights Authority (NERA), Equality Tribunal (ET), Labour Relations Commission (LRC), Rights Commissioners Service (RCS), and the first-instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT).

Inspectors of the WRC carry out inspections of employer records with a view to determining compliance with employment rights legislation. These inspections arise:

-In response to complaints received of alleged non-compliance with relevant employment rights legislation;

-As part of compliance campaigns which focus on compliance in specific sectors or specific pieces of legislation, or

-As routine inspections, which act as a control measure.

The WRC’s aim is to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. While every effort is made to secure compliance, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These cases are referred for prosecution.

Details in relation to the number of inspections and prosecutions undertaken in each county during 2014, 2015 and to end September 2016 are provided in the following tables (a monthly breakdown of the figures for inspections undertaken is not available).

Inspections concluded:

2016 (To 30 September)
2015
2014
CARLOW
23
71
53
CAVAN
74
134
137
CLARE
98
242
217
CORK
245
287
304
DONEGAL
95
184
153
DUBLIN
697
977
1,021
GALWAY
357
410
420
KERRY
81
51
59
KILDARE
139
246
316
KILKENNY
70
91
158
LAOIS
44
85
124
LEITRIM
24
24
23
LIMERICK
322
347
546
LONGFORD
51
76
73
LOUTH
130
182
121
MAYO
111
154
146
MEATH
83
143
120
MONAGHAN
60
77
82
OFFALY
51
91
57
ROSCOMMON
56
72
85
SLIGO
38
58
57
TIPPERARY
120
241
224
WATERFORD
173
166
115
WESTMEATH
70
133
153
WEXFORD
145
299
337
WICKLOW
214
344
490
TOTAL
3,571
5,185
5,591

Prosecutions (actual convictions secured):

2016 (To 30 September)
2015
2014
CARLOW
4
1
3
CAVAN
3
2
2
CLARE
1
3
1
CORK
2
7
1
DONEGAL
2
6
1
DUBLIN
5
13
24
GALWAY
1
5
3
KERRY
0
1
0
KILDARE
10
9
5
KILKENNY
0
5
6
LAOIS
2
2
1
LEITRIM
0
2
1
LIMERICK
2
4
3
LONGFORD
0
0
0
LOUTH
0
3
1
MAYO
0
0
1
MEATH
4
1
1
MONAGHAN
0
0
1
OFFALY
6
15
4
ROSCOMMON
1
0
1
SLIGO
0
2
0
TIPPERARY
6
5
6
WATERFORD
2
1
1
WESTMEATH
1
6
3
WEXFORD
5
6
6
WICKLOW
3
7
8
TOTAL
60
106
84

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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630. To ask the Minister for Jobs, Enterprise and Innovation her views on the issues to emerge from the recent Employment Law Association of Ireland survey with practitioners of the new Workplace Relations Commission structures with respect to consistencies in adjudication rulings and communication of decisions; and if she will make a statement on the matter. [29539/16]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) was established on 1 October 2015 under the Workplace Relations Act 2015 and has responsibility for information provision, workplace advice, mediation, conciliation, adjudication, inspection and enforcement in relation to employment rights, equality and equal status matters and industrial relations.

The WRC assumed the roles and functions previously carried out by the Labour Relations Commission (LRC), Rights Commissioner Service (RCS), Equality Tribunal (ET), the National Employment Rights Authority (NERA) and the first instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT).

The result of these far reaching reforms is a more straightforward system which is easier for individuals to navigate their way around the employment and industrial relations machinery.

The Statement of Strategy of the WRC to 2018 sets out the strategic objectives of the WRC to be achieved over a three year period. The Strategy recognises the need to ensure the high quality and consistency of decisions which issue from the Adjudication service. This is critical strategically to the reputation of the WRC and will be achieved through the regular review of decisions by an internal Quality Control Group. The WRC also engages regularly with Adjudicators with a view to sharing best practice and relevant Labour Court Determinations and Court Judgements. This process will not interfere with the statutory independence of the Adjudicator. Formal feedback on the outcome of appeals will be obtained from the Labour Court on a regular basis and will inform the WRC’s quality process and evaluation.

I understand that the WRC is actively working with Adjudicators to improve the consistency of procedures in hearings and the speed at which rulings are finalised and published. In addition, the format in which rulings are published is being reviewed, whilst seeking to preserve the principle of anonymity as set out in the Act.

I am confident that we now have the right mechanisms in the simplified and unified structure resulting from the Workplace Relations Act to assist employers and employees to avoid or resolve disputes.

A single route of appeal, to the Labour Court, is also open to any party who wishes to avail of that option.

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