Employers Aware of New and Updated Fines

Employers should pay close attention to the new and amended ‘on the spot’ fines introduced under The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023. These regulations permit Workplace Relations Commission (WRC) inspectors to issue immediate fines for specific employment law offences. While these fines might seem small individually, they can accumulate rapidly for Employers committing multiple infractions across various Employees.

The new fines that the WRC can levy under this legislation are:

Existing amended fines include:

The Process
The Regulations prescribe the form of fixed payment notices in lieu of prosecution. This form is issued by an inspector of the WRC on the basis of an allegation that an employer has committed one of the offences mentioned above.

The form 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.

Fined employers will have 42 days to pay the fine which can only be paid by electronic fund transfer. While an employer is not obliged to make the payment, if they do not, then prosecution may follow. However, no prosecution will occur during the 42-day period.

If an employer fails to pay a fine within 42 days, the WRC’s internal legal affairs committee may initiate criminal prosecution, with a potential summary conviction fine of €2,500 for each offence.

Adare Human Resource Management can Help
If your Organisation requires assistance in understanding and adhering to the updated fine structures under The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023, Adare Human Resource Management can support you.

Our team of Employment Law and Human Resource experts can be your HR partners and guide you through compliance, ensuring your business knows its obligations; staying protected and informed. Reach out to us at (01) 561 3594 or info@adarehrm.ie for support tailored to your needs. Learn more about our services at www.adarehrm.ie.