Dáil Éireann Debate, Wednesday - 17 September 2014
411. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the award due to an employee arising from a Labour Court decision will be affected in any way by the introduction of fixed payment notices as set out in the Workplace Relations Bill 2014. [34407/14]
View answer412. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the further action that will be taken by the Labour Court in the event that an employer pays in full within the specified timeframe a fixed payment notice but does not in part or in full discharge the award to a current or former employee to which the notice relates. [34408/14]
View answerI propose to take Questions Nos. 411 and 412 together.
I believe that for a workplace relations system to have credibility it must be supported by proportionate, effective and efficient compliance and enforcement measures. The current system of enforcement of employment rights awards is cumbersome, expensive and not fit for purpose. For this reason, provision has been made in the Workplace Relations Bill 2014 for a range of enhanced compliance measures, including the use of Compliance Notices, Fixed Payment Notices and a new mechanism for enforcing awards of the WRC Adjudicators and Labour Court Determinations.
Section 35 of the Bill makes provision for the use of Fixed Payment Notices in respect of a specified range of acts of non-compliance on the part of employers. The matters in respect of which a Fixed Payment Notice may be issued are specified in subsection 5. The use of this mechanism is intended to encourage compliance with employment law and reduce the need to rely on expensive and time consuming prosecution procedures for the scheduled acts of non-compliance.
Where an inspector detects suspected non-compliance in respect of one or more of the scheduled offences, he or she shall serve a Fixed Payment Notice. If the person on whom the notice is served pays the charge the matter does not proceed to Court. However, if the person fails or refuses to pay the charge the matter can be progressed to the District Court where the defendant can defend their position in the normal way.
The Fixed Payment Notice process, as provided for in the Bill, is being introduced as a measure to achieve a more effective system of compliance with employment law. This measure will be an entirely separate mechanism from the new structures being established in the legislation for the adjudication of employment rights disputes. The Bill provides that all first instance complaints under employment rights and equality legislation will be dealt with by WRC Adjudicators with a right of appeal to the Labour Court (except appeals under the Equal Status Acts which will continue to be dealt with by the Circuit Court). Under the legislation neither the WRC Adjudication Service nor the Labour Court will have any role in the Fixed Payment Notice process. The Bill also makes provision for the introduction of a more effective and streamlined system for the enforcement of awards from WRC Adjudicators and/or the Labour Court under employment rights legislation via the District Court.
I am satisfied that these new compliance and enforcement measures will provide for more proportionate, efficient and effective enforcement of employment law.
