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New On the Spot Fines for Employers

“On the spot” fines can now be imposed to employers by the WRC Inspectors.

For some time now, WRC inspector, have within their remit, the scope to conduct workplace inspections to assess key statutory and contractual terms in place such as working hours, payment of wages, documentation of terms of employment and many others.

There has been a recent change announced by the Minister of State for Business, Employment and Retail, Neale Richmond TD, in January 2024 regarding, under the provision of The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023.

In general terms, this means that the WRC Inspectors can impose “On the spot” fines – where they find failing by the employer to comply with some important parts of Irish employment law.

The table below shows the complete list of fines that can be imposed for offences under employment law legislation.

The above fines are per breach of the relevant employment provision and therefore have the potential to be significant for large employers where a number of breaches are found.

The process

The WRC inspector will complete a form based on their inspection, which requires the identification of the legal basis for the offence, the date and details of the offence and the grounds upon which the inspector is satisfied that the offence has occurred, as well as the fixed amount to be paid, or where they issue a compliance notice, the corrective action the employer needs to take.

Where fines are imposed, the employer will have 42 days to pay the fine which can only be paid by electronic fund transfer. Should the employer chose not to make the payment, the alternative could result in prosecution. However, no prosecution will occur during the 42-day period to give the employer sufficient time to take appropriate aciton.

In summary

While the value of fines introduced have not increased under the Regulations, a number of new fines have been introduced which employers should be mindful of.

It is recommended that employers consider reviewing their employment compliance procedures to ensure that all employees are issued with relevant documentation concerning their terms of employment and pay.

More information can be found here.

Our team at Voltedge Management can assist you in this regard, don’t hesitate to contact us on 01 525 2914 or email us at info@voltedge.ie if you have any questions.

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