Workplace Relations Commission

Dáil Éireann Debate, Wednesday - 3 June 2020

Wednesday, 3 June 2020

Ceisteanna (438, 440, 441, 442, 443)

David Cullinane

Ceist:

438. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of inspectors employed at the Workplace Relations Commission. [8695/20]

David Cullinane

Ceist:

440. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation if WRC inspectors are carrying out on-site inspections during this time. [8697/20]

David Cullinane

Ceist:

441. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of on-site inspections which have been carried out by the WRC since the Covid-19 restrictions were put in place. [8698/20]

David Cullinane

Ceist:

442. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of WRC inspections that took place remotely since the Covid-19 restrictions were put in place. [8699/20]

David Cullinane

Ceist:

443. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the current policy of the WRC regarding carrying out inspections either on-site or remotely [8700/20]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

I propose to take Questions Nos. 438 and 440 to 443, inclusive, together.

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s core services include the inspection of employment rights compliance, the provision of information, adjudicating on complaints under employment protection, equality and industrial relations legislation and the provision of mediation, conciliation, facilitation and advisory services.

The Inspectorate Division of the WRC carries out inspections of employer records with a view to determining compliance with employment rights legislations. These inspections arise:

- In response to complaints received of alleged non-compliance with relevant employment rights legislation;

- As part of compliance campaigns which focus on compliance in specific sectors or specific pieces of legislation; or

- From routine inspections (announced and unannounced) which act as an overall control measure.

The WRC Inspectorate is staffed by civil servants of my department. As at 26 May 2020, there are a total of 51 WRC Labour Inspectors. Table 1 attached provides details of the grade, number and regional location of the inspectors. My department is currently running an internal competition for appointment to the post of Executive Officer (EO) Inspector and Higher Executive Officer (HEO) Inspector Team Manager. It is also actively engaging with the Public Appointments Service (PAS) in relation to the filling of EO Inspector posts and HEO Inspector Team Manager posts.

The aim of the WRC Inspectorate is 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.

In line with HSE and Government advice regarding non-essential services, on-site inspection activity by WRC inspectors was suspended with effect from 13 March 2020. In this regard, the majority of businesses and sectors within which much WRC risk-based inspection activity takes place closed at this time, and, in the main, remain closed until 8 June 2020. Notwithstanding, inspections have continued, and some have been finalised, remotely by way of desk top enquiries, interviews with employers and employees over the telephone and through the examination of company records (such as payroll and hours worked) following their secure upload to the WRC inspection platform.

Currently, the WRC Inspectorate has 1,335 open inspections being processed by 51 Inspectors. To date this year, 1,640 inspections have been finalised, and c.€1,084,162 in unpaid wages recovered. In addition, the WRC Infoline (1890 80 80 90) has been operating remotely throughout the pandemic and is handling over 1,100 callers per week from both employees and employers, providing information on employment law obligations and employee entitlements.

The WRC is in the process of finalising procedures for the recommencement of on-site visits and inspections and it is anticipated that a number of appropriate such engagements will have taken place before the commencement of the next phase of the Roadmap on 8 June at which stage the number of workplaces open and available for risk-based inspection will have increased. In this regard, the WRC has engaged also with the key stakeholders on the employer and employee representative sides.

Workplace inspections regarding compliance with the Return to Work Safely Protocol are the remit of the HSA and the WRC is actively engaging with that body to identify how best the WRC can assist the HSA in terms of its role.

Number of WRC Inspectors as at 26 May 2020:

Region	Number of HEO Inspectors	Number of EO Inspectors	Total Number of Inspectors
Dublin	2	12	14
Ennis	1	8	9
Cork	0	5	5
Carlow	2	14	16
Sligo	1	6	7
Overall Total	6	45	51