Employment Rights

Tuesday, 21 October 2014

Ceisteanna (268)

Peadar Tóibín

Ceist:

268. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of criminal prosecutions which have been brought by National Employment Rights Authority in respect of breaches of employment legislation in each of the past five years; the number of these prosecutions that resulted in convictions; the average fine imposed for breaches; and if he will make a statement on the matter. [39770/14]

Amharc ar fhreagra

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The tables contain details of the recorded prosecutions activity for NERA between 2009 and 2013. An asterisk indicates that the information sought is not available.

Prosecutions initiated as a result of NERA Inspections

Year	2009	2010	2011	2012	2013
Total prosecutions brought	*	*	*	*	85
Convictions	16	25	28	27	76
Total Fines	€19,129	€27,689	€70,000	€59,235	€97,050
Average Fine per Conviction	€1,196	€1,108	€2,500	€2,194	€1,277

Prosecutions initiated as a result of referrals from the Labour Court for non-compliance with Labour Court Orders

Year	2009	2010	2011	2012	2013
Total prosecutions brought	*	*	*	*	50
Convictions	11	7	40	39	8
Total Fines	€12,100	€20,700	€74,808	€85,797	€12,800
Average Fine per Conviction	€1,100	€2,957	€1,870	€2,200	€1,600

In 2011 and 2013, a large number of the prosecutions in train by NERA in respect of non-compliance with Labour Court Orders had to be struck out as a result of High Court decisions which found that the legislation underpinning the enforcement of certain collective agreements was unconstitutional.

NERA aims to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. While every effort is made to secure compliance, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These cases are referred for prosecution.