Written answers

Tuesday, 20 February 2018

Department of Jobs, Enterprise and Innovation

Workplace Relations Commission

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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265. To ask the Minister for Jobs, Enterprise and Innovation the number of legacy adjudication complaints initially submitted to the Rights Commissioner Service of the Labour Relations Commission and the Equality Tribunal which were to receive a hearing by the adjudication service of the Workplace Relations Commission as of 31 December 2017; and the equivalent figures for 31 December in each of the years 2014 to 2016. [8593/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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The establishment of the Workplace Relations Commission (WRC) created a more streamlined structure for the submission of employment rights and equality complaints. All first instance complaints are now submitted to the WRC, whereas before they could be submitted to the Rights Commissioner Service in the Labour Relations Commission (LRC), the Equality Tribunal, or the Employment Appeals Tribunal.

On establishment of the WRC on 1 October 2015, it assumed responsibility for some 3,965 combined legacy complaints of the Equality Tribunal and the Rights Commissioners. Currently, 3,670 or 93% of the legacy caseload that the WRC assumed have been dealt with.

At the end of 2014, the Equality Tribunal had 1,426 complaints on hand. A corresponding figure is not available for Rights Commissioner cases although the service received 9,800 complaints that year. By the end of 2016, the legacy caseload was reduced by 60% to 1,628.

At year end 2017, the legacy caseload of 3,965 complaints assumed by the WRC in October 2015 has reduced to just 295.

Of the outstanding 295 cases, legacy complaints from the Rights Commissioner service totals just five cases which cannot be processed further at this point pending decisions of the High Court.

Of the 290 legacy complaints from the Equality Tribunal, a number of these cases cannot be processed further by the WRC at this point as they are pending decisions of other courts.  In a number of other cases, decisions of the WRC are either pending or have hearing dates assigned over the next two month period. It is expected that all of these cases before the WRC will be processed to completion in the near future.

It should be noted that over the same period, the Adjudication Service of the WRC has received some 28,500 new complaints. Within this number, c. 92% of these current complaints are being fully processed, i.e. a decision is given on a complaint or it is otherwise resolved, in six months or less, where no postponement requests or late submissions.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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266. To ask the Minister for Jobs, Enterprise and Innovation the sum of unpaid wages recovered by the Workplace Relations Commission in 2017 by area and sector. [8594/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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The Workplace Relations Commission (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 of the amount of unpaid wages recovered by the WRC in 2017 by area and by sector are provided in the following table.

CountyUnpaid Wages RecoveredSectorUnpaid Wages Recovered
CARLOW80,048AGRICULTURE56,229
CAVAN12,312CONSTRUCTION44,497
CLARE45,800CONTRACT CLEANING29,395
CORK23,256DOMESTIC WORKER30,190
DONEGAL33,117ELECTRICAL2,933
DUBLIN404,275EQUINE7,759
GALWAY78,707FISHERIES6,252
KERRY12,697FOOD & DRINK444,634
KILDARE116,698HAIR AND BEAUTY19,955
KILKENNY57,880HEALTH NURSING AND CHILDCARE200,198
LAOIS7,150HOTEL109,227
LEITRIM2,499MANUFACTURING33,576
LIMERICK22,462OTHER220,464
LONGFORD4,256PROFESSIONAL SERVICES52,612
LOUTH49,637SECURITY13,167
MAYO29,493TRANSPORT164,680
MEATH69,326WHOLESALE AND RETAIL333,718
MONAGHAN54,772TOTAL1,769,484
OFFALY94,654
ROSCOMMON24,642
SLIGO2,805
TIPPERARY97,956
WATERFORD57,734
WESTMEATH84,046
WEXFORD197,317
WICKLOW105,946
TOTAL1,769,484

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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267. To ask the Minister for Jobs, Enterprise and Innovation the number of employment rights compliance investigations launched by the Workplace Relations Commission’s inspection services in 2017 in relation to Acts (details supplied), in tabular form. [8595/18]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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268. To ask the Minister for Jobs, Enterprise and Innovation the number of compliance notices, fixed payment notices and summary prosecutions issued by the Workplace Relations Commission’s enforcement services in 2017 for alleged failures to comply with employment rights legislation, by the Acts which those notices and prosecutions are in relation to. [8596/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I propose to take Questions Nos. 267 and 268 together.

The Workplace Relations Commission carries out inspections of employer employment records

- 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 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.

The metric used for recording inspection activity is by economic sector as opposed to specific statutes. The following table sets out inspection activity by economic sector in 2017.

SectorNo. of inspections
AGRICULTURE48
CONSTRUCTION75
CONTRACT CLEANING18
DOMESTIC WORKER20
ELECTRICAL6
EQUINE54
FISHERIES95
FOOD & DRINK645
HAIR AND BEAUTY79
HEALTH NURSING AND CHILDCARE78
HOTEL55
MANUFACTURING38
MISCELLANEOUS OTHERS332
PROFESSIONAL SERVICES124
SECURITY20
TRANSPORT61
WHOLESALE AND RETAIL258
TOTALS2,006
UNANNOUNCED VISITS2,741
GRAND TOTAL4,747

The following tables set out the number of compliance notices, fixed payment notices and summary prosecutions issued by the Workplace Relations Commission’s enforcement services in 2017.

Total IssuedNumberLegislation
Compliance Notices12217Payment of Wages Act 1991
105Organisation of Working Time Act, 1997



Total IssuedNumberLegislation
Fixed Payment Notices3030Payment of Wages Act 1991

Prosecutions*9562Employment Permits Acts 2003 and 2006
14National Minimum Wage Act, 2000
30Organisation of Working Time Act, 1997
7Payment of Wages Act, 1991
2Protection of Young Persons (Employment) Act, 1996
19Workplace Relations Act, 2015

*Some of these prosecutions were for breaches of more than one Act.

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