Industrial Relations Act 1946

Enforcement of employment regulation orders.

45

45. (1) If an employer fails to pay to a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) remuneration not less than the statutory minimum remuneration, the employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(2) Where the employer or any other person charged, in accordance with section 50 of this Act, as a person to whose act or default the offence was due has been found guilty of an offence under subsection (1) of this section consisting of a failure to pay to a worker remuneration not less than the statutory minimum remuneration, the court by which he is convicted may order the employer to pay to the worker such sum as is found by the said court to represent the difference between the statutory minimum remuneration and the remuneration actually paid.

(3) If, in respect of any worker (being a worker to whom an employment regulation order, which fixes conditions of employment, applies), the statutory conditions of employment are not complied with by the employer—

( a) the employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds,

( b) the court by which the employer is convicted may order the employer to pay to the worker such compensation as it considers fair and reasonable in respect of such non-compliance.

(4) Where proceedings are taken under subsection (1) of this section in respect of an offence consisting of a failure to pay to a worker remuneration not less than the statutory minimum remuneration, and notice of intention to avail of paragraph ( a) of this subsection has been served with the summons, warrant or complaint—

( a) evidence may, if the employer or any other person charged, in accordance with section 50 of this Act, as a person to whose act or default the offence was due is found guilty of the offence, be given of any like contravention on the part of the employer in respect of any period during the three years immediately preceding the date of the offence, and

( b) on proof of such contravention, the court before which the proceedings are taken may order the employer to pay to the worker such sum as is found by the said court to represent the difference between the amount which ought to have been paid during that period to the worker by way of remuneration, if the worker were paid remuneration in accordance with the statutory minimum remuneration, and the amount actually so paid.

(5) In any proceedings against a person under subsection (1) of this section it shall lie with such person to prove that he has paid remuneration not less than the statutory minimum remuneration.

(6) In any proceedings against a person under subsection (3) of this section it shall lie with such person to prove that he has complied with the statutory conditions of employment.

(7) The powers given by this section for the recovery of sums due by an employer to a worker shall not be in derogation of any right of the worker to recover such sums in civil proceedings.

Annotations

Modifications (not altering text):

C38

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 provide for the making of employment regulation orders. These provisions and employment regulation orders made under them were declared unconstitutional (7.07.2011) in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277. The Industrial Relations (Amendment) Act 2012 (32/2012) was enacted in response to this decision.

C39

Amount of fines in subss. (1) and (3)(a) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. nos. 8 and 9, commenced on enactment.

Increase of fines.

4.—(1) A person convicted of an offence for which a penalty is provided in any enactment indicated in the First Schedule to this Act at any reference number shall, in lieu of the fine provided in that enactment, be liable to the fine specified in column (3) of that Schedule at that reference number, and that enactment shall be construed and have effect accordingly.

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First Schedule

Increase of Fines

Section 4 .

Ref No.

Section

Fine

(1)

(2)

(3)

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INDUSTRIAL RELATIONS ACT, 1946

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...

...

8

45(1)

£750.

9

45(3)(a)

£750.

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