I propose to take Questions Nos. 237 and 238 together.
The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.
WRC inspectors carry out inspections of employer records with a view to determining compliance with employment rights legislation. Where contraventions are detected at an inspection, the employer will be advised and a Contravention Notice will issue setting out details of the contravention, the grounds for the Inspector’s determination that a contravention has taken place and the actions required by the employer within a specified deadline (usually 21 days) to demonstrate compliance including, where relevant, the payment of any unpaid wages arising from the contraventions. The Inspector will always, where possible endeavour to work with the employer to achieve compliance.
Where employers do not engage with the Inspector, or do not demonstrate compliance, following the issue of the Contravention Notice, the matter may proceed to prosecution proceedings and, depending on the contravention involved, the issuing of a Fixed Payment Notice and/or a Compliance Notice. Compliance Notices may be issued to employers by WRC Inspectors in respect of specified contraventions of employment legislation.
Current practice and policy are that compliance notices will be issued where employers do not engage with the Inspector, or do not demonstrate compliance, following the issue of a Contravention Notice.
Fixed Payment Notices may be issued to employers by WRC Inspectors in respect of specified offences under employment legislation. Current practice and policy are that fixed payment notices will be issued where employers do not engage with the Inspector, or do not demonstrate compliance, following the issue of a Contravention Notice relating to these offences.
The attached information provides the sectoral breakdown of the number of inspections carried out, and the number of contravention, compliance and fixed penalty notices, issued by the WRC inspectorate in 2023.