WRC Inspections
Workplace Relations Act
PART 3
Enforcement
Inspectors
26. (1) The Director General may, with the consent of the Minister appoint such and so many of the officers of the Minister as he or she considers appropriate to be an inspector or inspectors for the purposes of this Act.
(2) A person who, immediately before the commencement of this section, was an authorised officer or an inspector under an employment enactment shall be deemed to be an inspector appointed under this Act and, accordingly, subsection (4) shall apply in respect of that person.
(3) A person appointed to be an inspector under this section shall on his or her appointment be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person affected thereby, produce such warrant to that person for inspection.
(4) An appointment under this section shall cease—
(a) in the case of a person appointed under subsection (1), if—
(i) the Director General revokes the appointment, or
(ii) the person appointed ceases to be a member of the staff of the Commission,
or
(b) if the appointment is for a fixed period, on the expiry of that period.
Powers of inspectors
27. (1) For the purposes of this Act or a relevant enactment, an inspector may—
(a) subject to subsection (3), enter (if necessary by the use of reasonable force) at all reasonable times any place of work or any premises—
(i) that he or she has reasonable grounds for believing has been or is being used in connection with the employment of persons, or
(ii) at which he or she has reasonable grounds for believing that records or documents relating to the employment of persons are kept,
(b) at such place of work or premises, inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection,
(c) remove any such books, documents or records from such place of work or premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(d) require any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to give the inspector such information and assistance as the inspector may reasonably require for the purposes of his or her functions under this Act,
(e) require any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to produce to the inspector such books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act,
(f) require any person, whom the inspector has reasonable grounds for believing to be, or to have been, an employer or employee, to answer such questions as the inspector may ask relative to any matter under this Act or a relevant enactment and to make a declaration of the truth of the answers to those questions, and
(g) examine with regard to any matter under this Act or a relevant enactment, any person whom the inspector has reasonable grounds for believing to be, or to have been, an employer or employee, following the inspector’s having cautioned the person that the person is not obliged to say anything unless he or she wishes to do so but that whatever he or she says will be taken down in writing and may be given in evidence.
(2) When performing a function under this Act, an inspector may, subject to any warrant under subsection (4), be accompanied by such number of other inspectors or members of the Garda Síochána as he or she considers appropriate.
(3) An inspector shall not enter a dwelling, other than—
(a) with the consent of the occupier, or
(b) pursuant to a warrant under subsection (4).
(4) Upon the sworn information of an inspector, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an inspector under this section is or are held at any dwelling, issue a warrant authorising a named inspector, accompanied by such other inspectors or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an inspector under paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1).
(5) A person shall be guilty of an offence if he or she—
(a) obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (4) or impedes the exercise by the inspector or member, as the case may be, of such power, or
(b) fails or refuses to comply with a requirement of an inspector or member of the Garda Síochána pursuant to paragraph (d) or (f) of subsection (1), or in purported compliance with such requirement gives information or makes a declaration to the inspector or member that he or she knows to be false or misleading in any material respect.
(6) Where an inspector believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(7) A statement or admission made by a person pursuant to a requirement under subsection (1)(d) or (f) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).
(8) In this section—
“place of work” has the same meaning as it has in the Safety, Health and Welfare at Work Act 2005;
“premises” includes vehicle, vessel, ship and railway carriage.
Annotations:
Modifications (not altering text):
C1
Term “relevant enactment” construed (27.07.2016) by European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), reg. 10(2).
Inspections
10.—…
(2) A reference in section 27 of the Act of 2015 to a relevant enactment includes a reference to these Regulations.
Compliance notice
28. (1) Where an inspector is satisfied that an employer has, in relation to any of his or her employees, contravened a provision to which this section applies, the inspector may serve a notice (in this section referred to as a “compliance notice”) on the employer.
(2) A compliance notice shall—
(a) state the grounds for the inspector’s being satisfied that there has been a contravention referred to in subsection (1),
(b) for the purpose of ensuring compliance by the employer concerned with F5[a provision to which this section applies], require the employer to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and
(c) contain information regarding the bringing of an appeal under subsection (7) against the notice, including the manner in which an appeal shall be brought.
(3) A compliance notice shall not specify a date in accordance with paragraph (b) of subsection (2) that falls on or before the date by which an appeal under subsection (7) shall be brought.
(4) An inspector shall, if satisfied that the employer concerned has complied with a compliance notice, serve a notice in writing on the employer that he or she is so satisfied.
(5) Subsection (4) shall not operate to prevent an inspector from performing any of his or her functions under this Act in relation to the employer concerned, including in relation to the contravention to which the compliance notice referred to therein applies, after he or she serves a notice on the employer under that subsection.
(6) The inspector may—
(a) withdraw a compliance notice at any time, as he or she considers appropriate, or
(b) where no appeal is brought under this section, specify a date for the purposes of subsection (2)(b) that falls later than the date specified for that purpose in the compliance notice concerned, and notify the employer in writing accordingly.
(7) An employer may appeal a compliance notice served on him or her under this section to the Labour Court.
(8) An appeal under subsection (7) shall be brought in the manner prescribed by rules under subsection (5) of section 20 of the Act of 1946 not later than 42 days after the service of the compliance notice concerned.
(9) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (7).
(10) The Labour Court shall, upon an appeal under this section, do one of the following:
(a) affirm the compliance notice concerned;
(b) withdraw the compliance notice concerned; or
(c) withdraw the compliance notice and require the employer to whom the notice applies to comply with such directions as may be given by the Labour Court.
(11) An employer may appeal—
(a) a decision of the Labour Court to affirm, in accordance with paragraph (a) of subsection (10), a compliance notice served on him or her under this section, or
(b) a direction to him or her in accordance with paragraph (c) of that subsection,
to the Circuit Court.
(12) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (11).
(13) The Circuit Court shall, upon an appeal under subsection (11), do one of the following:
(a) affirm the decision or direction concerned;
(b) in the case of an appeal from a decision of the Labour Court affirming a compliance notice in accordance with paragraph (a) of subsection (10) , annul that decision and order the withdrawal of the compliance notice; or
(c) in the case of an appeal from a direction given in accordance with paragraph (c) of subsection (10), annul that direction.
(14) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.
(15) This section shall not operate to prevent or restrict—
(a) the entitlement of any person to bring proceedings in accordance with this Act or F5[a provision to which this section applies] for the purpose of securing compliance with F5[a provision to which this section applies] in relation to that person, or
(b) the bringing or prosecuting of any proceedings for an offence under this Act or a relevant enactment.
(16) In this section “specified date” means, in relation to a compliance notice—
(a) where no appeal against the notice is brought under subsection (7), the date specified in the notice in accordance with paragraph (b) of subsection (2),
(b) where an appeal against the notice is brought under subsection (7) and the Labour Court affirms the notice in accordance with paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Labour Court so affirms the notice, or
(c) where an appeal to the Circuit Court is brought under subsection (11) and the Circuit Court affirms the decision of the Labour Court under paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Circuit Court so affirms that decision.
(17) This section applies to a provision specified in column (3) of Schedule 4.
Annotations:
Amendments:
F5
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(d), S.I. No. 411 of 2015.
Report of inspector admissible in evidence
29. (1) Where an inspector performs functions under section 27 in relation to an employer, he or she shall prepare a report in writing thereof.
(2) The report of an inspector under subsection (1) shall be admissible in evidence in proceedings against the employer concerned before an adjudication officer, the Labour Court or a court established by law.
(3) Subsection (2) shall not operate to prevent or restrict the examination or cross examination of an inspector in proceedings referred to in that subsection.
Inspection of employer’s records pursuant to direction of Labour Court
30. (1) Subject to subsection (3) of section 27, the Labour Court may, upon the hearing of an appeal under section 44, direct the Director General to arrange for an inspector to enter any place or premises belonging to an employer who is a party to the appeal and perform such functions under section 27 at, or in relation to, that place or premises as are specified in the direction concerned.
(2) The Director General shall comply with a direction under subsection (1).
(3) An inspector shall, upon completion of an inspection referred to in subsection (1), provide the report prepared by him or her under section 29 in relation to the performance by him or her of functions under section 27 pursuant to a direction under this section to the Labour Court.
(4) The Labour Court shall—
(a) consider a report provided to it under subsection (3), and
(b) give a copy of that report to the parties to the appeal concerned.
(5) The chairman or a deputy chairman of the Labour Court may direct that any proceedings in an appeal to the Labour Court shall be adjourned pending the consideration by the Labour Court of the report.
Disclosure of certain information
31. (1) Schedule 5 to the Act of 2005 is amended by the insertion, in paragraph 1(4), of “the Workplace Relations Commission”.
(2) Section 1093A (inserted by section 38 of the Act of 2007) of the Taxes Consolidation Act 1997 is amended by the substitution of the following definition for the definition of “specified body”:
“‘specified body’ means the Workplace Relations Commission;”.
(3) Section 261A (inserted by paragraph (b) of section 31 of the Act of 2007) of the Act of 2005 is amended by the substitution of the following definition for the definition of “specified body”:
“‘specified body’ means the Workplace Relations Commission;”.
(4) The Commission, an inspector or an adjudication officer may, for the purposes of his or her functions, require—
(a) an employer to disclose to him or her the employer’s employer registration number, or
(b) an employee to disclose to him or her the employee’s personal public service number.
(5) The Commission, an inspector or an adjudication officer may disclose to the Labour Court an employer’s registration number or an employee’s personal public service number for the purpose of enabling the Labour Court to perform its functions under this Act or a relevant enactment.
(6) The Commission, an inspector or an adjudication officer may disclose to an official body an employer’s registration number or an employee’s personal public service number for the purpose of enabling the official body to—
(a) investigate the commission or alleged commission of an offence where the official body is charged under an enactment with responsibility for carrying out such investigation, or
(b) bring and prosecute proceedings under any enactment.
(7) The Commission, an inspector or an adjudication officer may—
(a) upon the request of an employee, disclose to the employee the employer registration number of the employee’s employer, or
(b) upon the request of an employer, disclose to the employer the personal public service number of any employee of the employer.
(8) In this section—
“Act of 2007” means the Social Welfare and Pensions Act 2007;
“employer registration number” means, in relation to an employer, the number assigned to that employer in the register maintained by the Revenue Commissioners under Regulation 7 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001); and
“personal public service number” has the same meaning as it has in section 262 of the Act of 2005.
Disclosure of information relating to offences
32. (1) Notwithstanding any rule of law, information that, in the opinion of an official body, may relate to—
(a) the commission of an offence under this Act or a relevant enactment, or
(b) the contravention of this Act or a relevant enactment,
may be disclosed by that official body to the Commission or a member of staff of the Commission.
(2) The Commission may provide to an official body any information—
(a) obtained by it in the performance of its functions, and
(b) that causes the Commission to suspect that an offence has been committed by any person.
(3) Information provided under this section may be used by the person to whom it has been provided for the purpose only of the detection, investigation or prosecution of an offence.
Disclosure of certain information to or by contracting authority
33. (1) The Commission may, for the purpose of securing compliance with this Act or an employment enactment, disclose to a public contracting authority information that a primary contractor or a party to a secondary contract has contravened an employment enactment.
(2) Information disclosed to a public contracting authority under this section shall not be used for any purpose other than the exercise by the public contracting authority of his or her entitlements under the primary contract concerned.
(3) The Commission may, for the purpose of securing compliance with this Act or an employment enactment, require a public contracting authority to disclose to the Commission information relating to the contravention of a relevant enactment by a person with whom the public contracting authority has entered into a primary contract, and a public contracting authority shall comply with such a requirement.
(4) In this section—
“contract of employment” has the same meaning as it has in the Act of 2012;
“primary contractor” means, in relation to a public contracting authority, a person with whom the public contracting authority has entered into a contract, and “primary contract” shall be construed accordingly;
“public contracting authority” means—
(a) a contracting entity within the meaning of the European Communities (Award of Contracts by Utility Undertakings) Regulations 2007 (S.I. No. 50 of 2007),
(b) a contracting entity to which Directive 2004/17/EC1 of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies, or
(c) a contracting authority within the meaning of Directive 2004/18/EC2 of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts;
“secondary contract” means a contract (other than a primary contract or a contract of employment) under which a party to the contract agrees to carry out works or provide services to which a primary contract applies on behalf of the primary contractor concerned or any other person.
1OJ No. L134 of 30.4.2004, p. 1
2OJ No. L134 of 30.4.2004, p. 114
Administrative cooperation by Commission and official bodies
34. (1) The Commission shall, in so far as is consistent with the proper performance of its functions, endeavour to secure cooperation between the Commission and official bodies, and may enter into one or more than one arrangement (whether in the form of a memorandum of understanding or otherwise) with an official body or official bodies for the purposes of—
(a) facilitating administrative cooperation between the Commission and the official bodies in the performance of their respective functions, in so far as they relate to the employment of persons,
(b) avoiding duplication of activities by the Commission and any of the official bodies, and
(c) sharing information relevant to the employment of persons.
(2) The parties to an arrangement under this section may vary the terms of the arrangement.
(3) An arrangement under this section, or any variation of such an arrangement, shall be in writing.
(4) An arrangement under this section shall not operate to bind the Commission or an official body.
(5) The Commission shall provide the Minister and any relevant Minister in relation to an official body concerned with a copy of each arrangement under this section and any variation thereof.
(6) (a) An arrangement under this section shall not operate to require the Commission to provide information to any official body if the disclosure of that information by the Commission is prohibited by law.
(b) An arrangement under this section shall not operate to require an official body to provide information to the Commission if the disclosure of that information by the official body is prohibited by law.
(7) In this section “relevant Minister” means, in relation to an official body, any Minister of the Government who performs functions in relation to that official body.
Administrative cooperation with foreign statutory bodies
35. (1) The Commission may, with the approval of the Minister, enter into an arrangement with a foreign statutory body whereby each party to the arrangement may—
(a) furnish to the other party information in its possession that is required by that other party for the purposes of the performance by it of any of its functions, and
(b) provide such other assistance to the party as will facilitate the performance by that other party of any of its functions.
(2) The Commission shall not furnish any information to a foreign statutory body pursuant to an arrangement to which this section applies unless it requires of, and obtains from, that body an undertaking in writing by the body that the body will comply with the terms specified in that requirement, being terms that correspond to the provisions of any enactment concerning the disclosure of that information by the Commission.
(3) The Commission may give an undertaking to a foreign statutory body that it will comply with any terms specified in a requirement made of the Commission by the body to give such an undertaking where—
(a) those terms correspond to the provisions of any law in force in the state in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b), and
(b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to an arrangement to which this section applies.
(4) The Commission shall inform the Minister concerning every arrangement entered into under this section.
(5) An arrangement under this section shall not operate to require the Commission to provide information to a foreign statutory body if the disclosure of that information by the Commission is prohibited by law.
(6) In this section “foreign statutory body” means a person prescribed by the Minister, in whom functions in respect of the implementation or enforcement of the law of a state (other than the State) relating to the employment of persons are vested.
Fixed payment notices
36. (1) Where an inspector has reasonable grounds for believing that a person has committed a relevant offence, the inspector may give to the person a notice in writing (in this section referred to as a “fixed payment notice”) in the prescribed form stating that—
(a) the person is alleged to have committed that offence,
(b) the person may during the period of 42 days beginning on the date of the notice make to the Commission at the address specified in the notice a payment of such amount as may be prescribed, being an amount of not more than €2,000, accompanied by the notice,
(c) the person is not obliged to make the payment specified in the notice, and
(d) a prosecution of the person to whom the notice is given in respect of the alleged offence will not be instituted during the period of 42 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
(2) Where a fixed payment notice is given under subsection (1)—
(a) the person to whom it applies may, during the period of 42 days beginning on the date of the notice, make to the Commission at the address specified in the notice the payment specified in the notice accompanied by the notice,
(b) the Commission may, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it, and
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.
(4) Moneys received pursuant to the giving of a fixed payment notice shall be paid into, or disposed of for the benefit of, the Exchequer in such a manner as the Minister determines.
(5) In this section “relevant offence” means an offence under—
(a) section 11 of the Protection of Employment Act 1977,
(b) subsection (4) of section 4 of the Payment of Wages Act 1991, or
(c) section 23 of the National Minimum Wage Act 2000.
Annotations:
Editorial Notes:
E7
Power pursuant to section exercised (1.10.2015) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015).
Prosecution of offence under relevant enactments
37. (1) The power vested in the Minister under any relevant enactment to bring and prosecute summary proceedings for an offence under that enactment is transferred to the Commission.
(2) References in any enactment or instrument under an enactment to the Minister in so far as they relate to a power transferred by this section shall be construed as references to the Commission.
F6[(3) This section shall not apply in relation to an offence committed, or alleged to have been committed, before the commencement of this section.]
Annotations:
Amendments:
F6
Inserted (8.02.2016) by Credit Guarantee (Amendment) Act 2016 (1/2016), s. 19(a), commenced on enactment.
The text in italics on this page is sourced from lawreform.ie and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.