There are no proposals to introduce penalties and fines for employers who delay payment of awards. There is a right of redress for employees under existing legislation. Employment rights legislation provides for action that may be taken where an employer fails to pay the award, or appeals the determination or decision to the Circuit Court or as appropriate to the District Court. It provides that where an employer fails to carry out the terms of a determination or a decision of the Labour Court within six weeks of the date on which the determination or decision is communicated to the parties concerned, the Circuit Court or, where appropriate, the District Court, shall on application to it in that behalf by the employee concerned, or with the consent of the employee, any trade union of which the employee is a member, or the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances make an order directing the employer to carry out the determination or decision in accordance with its terms.
The Unfair Dismissals Acts 1977 to 1993, the Organisation of Working Time Act 1997, the Protection of Employees (Fixed-Term Work) Act 2003 and the Protection of Employees (Part-Time Work) Act 2001 provide that the Circuit Court may, in an order, having regard to all the circumstances, where the order relates to the payment of compensation, direct the employer to pay the employee concerned interest on the compensation at the rate referred to in the Courts Act 1981. There is a similar provision in the Terms of Employment (Information) Act 1994, which allows the District Court to direct the employer to pay the employee concerned interest on the compensation.