The labour inspectorate of the Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.
Employment regulation orders govern the wages and employment conditions of workers who are employed in the mushroom industry, unless they are already covered by the terms of a registered employment agreement, pursuant to the provisions of the Industrial Relations Acts 1946 to 2004.
The labour inspectorate has been in contact with the individuals who carried out work at the premises over a number of months and several statements have been recorded. At present, the inspectorate is clarifying the position as to the employer and employee relationship that may exist in respect of the individuals mentioned and the current owner-operator of the facility.
The issues arising are complex and to some extent may be further compounded by the fact that the current operator is possibly not resident in the State. The inspectorate is actively pursuing the case and will be focused on trying to secure appropriate redress for the people concerned once the facts, as distinct from media reports, are satisfactorily established. Should the question of prosecution arise it will be considered at the appropriate time.