by Breda O'Malley , Gráinne Carville January-18-2024 in Banking & Financial Services, Employment Law, Workplace Investigations
On 12 January 2024, the Workplace Relations At 2015 (Fixed Payment Notice) Regulations 2023 (the “Regulations”) were published. The Regulations detail the various criminal offences and related fines that may be imposed on an employer for a breach of their obligations listed below.
|
OFFENCE |
FINE | |
| 1. |
Failure to initiate consultations, or failure to supply employees’ representatives, with all the relevant information relating to a proposed collective redundancy. |
€2,000 |
| 2. |
Failure to provide an employee with a written statement detailing gross wages and the nature and amount of deductions. |
€1,500 |
| 3. |
Failure to provide an employee with a written statement of the employee’s average hourly rate of pay for any pay reference period within 4 weeks of their request. |
€1,500 |
| 4. |
Failure to provide a written statement containing the particulars of the employee’s employment within 5 days of the commencement of their employment, without reasonable cause. |
€1,500 |
| 5. | Failure to display a notice regarding tips and gratuities. | €500 |
| 6. |
Failure to display a tips and gratuities notice relating to contract workers. |
€500 |
| 7. |
Where the customer is led to believe that a ‘service charge’ (or other similar term) will be distributed to employees, the employer shall treat all payments as if such a payment was a tip or gratuity. Failure to do so, carries the corresponding fine. |
€750 |
| 8. |
Failure to provide a statement in writing within 10 days, specifying the total amount of tips or gratuities distributed by the employer for the relevant period both generally, and for an individual employee. |
€750 |
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About the Authors
Breda O'Malley
Breda practises in both Employment and Commercial Law and is Partner and Head of the Employment Law team at Hayes solicitors. Breda has trained and qualified as a mediator with the UK based, internationally renowned Centre for Effective Dispute Resolution (CEDR). Breda practices as a mediator of commercial, employment, boardroom, charity trustee and shareholder disputes.
Gráinne Carville
Gráinne is a newly qualified solicitor in the Employment Law team at Hayes solicitors LLP. Since qualification, Gráinne has advised public and private clients in transactional, advisory and litigation contexts.