Dáil Éireann Debate, Wednesday - 30 April 2014
256. Deputy Joe Higgins asked the Minister for Jobs, Enterprise and Innovation in instances where findings are made by the Employment Appeal Tribunal or rights commissioner against employers resulting in compensation for unfair dismissal or orders to pay unpaid wages the rate of employer compliance with those findings and how often subsequent enforcement measures are required. [18766/14]
View answerAn employee may make a complaint directly to the Rights Commissioner Service and the Employment Appeals Tribunal under employment legislation. The enforcement of both Employment Appeal Tribunal (EAT) determinations and Labour Court rulings is a matter for the courts. The National Employment Rights Authority (NERA) is not in a position to provide details of the number of cases where the findings of the bodies referred to have not been honoured by the employers.
In cases other than those covered by the Payment of Wages Act, the Enforcement Services Unit of the National Employment Rights Authority (NERA) has some capacity to have a determination of the Employment Appeals Tribunal enforced through the civil courts. In all cases the party to whom an award is made may pursue the matter of enforcement of an unpaid award directly with the courts service. The following table provides a summary of the cases in respect of which requests were made to the Minister to institute civil enforcement proceedings in 2012 and 2013.
|
Enforcement requests |
- |
- |
|
- |
2012 |
2013 |
|
Cases on hand start of year |
89 |
105 |
|
New Cases Received |
75 |
64 |
|
Cases Closed |
59 |
71 |
|
Cases on hand end of year |
105 |
98 |
As you will be aware I am currently undertaking a major reform programme of all of the Workplace relations bodies. It is hoped that we can deliver a "fit for purpose" workplace relations system that will be supported by proportionate, effective and efficient compliance and enforcement measures. It is my view that the current system of enforcement of employment rights awards is cumbersome, expensive and, accordingly, not "fit for purpose". For this reason, I am proposing to make provision in the Workplace Relations Bill for a range of enhanced compliance measures, including the use of Compliance Notices, Fixed Charge Notices and a new mechanism for enforcing awards of the WRC Adjudicators and Labour Court Determinations. I am confident that the introduction of these measures will provide for more proportionate, efficient and effective enforcement of employment law.
