Last year we provided you with an analysis of the 2020 annual report in those areas that we consider affect CSNA members and their retail businesses.
We felt it would be interesting to return to this year’s report and see if there are any substantial variations.
We note that the total number of complaints/queries received by WRC last year was 12,014 where in 2020 the figure was 18,969.
These 12,014 numbers are the total number of complaints investigated, emanating from 5,993 individual complaints. This figure was 2,110 fewer than the previous year.
There were 4,432 inspections last year, of these, 1249, or 28%, were found to have breaches of Employment legislation.
Last year, we noted that the “top 7” breaches of the 49 different pieces of law that employers are expected to be compliant represented 81% of total of 18,969.
This year, the top 8 laws that represent 80%+ of complaints are as follows (previous years ranking in parentheses)
- 17% 2030 S.6 Payment of Wages act 1991 (3)
- 17% 2018 S 27 Org of Working Time Act (1)
- 12% 1473 S 8 Unfair Dismissal Act 1977 (4)
- 10% 1202 S 13 industrial relations act ((6)
- 8% 927 S 77 Employment Equality Act (7)
- 7% 876 S7 Terms of Employment Information (5)
- 6% 674 S 21 Equal Status Act (11)
- 5% 557 S12 Min Notice Terms of Employment (8)
There were 3,344 complaints ( over 1600 against a single employer) last year citing Regulation 6 of the EC ( Protection of Employees) Regs , seeking compensation due to a redundancy ( Covid related) situation. This was the second most identified by legislation complaint last year, this year it has returned to its normal low level of complaints, with only 136 recorded complaints, ranking (14).
Inspection activity is generally focused on sectors where the risk of non-compliance has been identified, where previous non-compliance was detected, through intelligence or provided by other parties ( including other State bodies) or in response to complaints received regarding alleged non-compliance by specific employers.
The 2021 Report noted that there were 4,432 Inspections. 61% (or 2,722) of these were unannounced.
WRC inspections led to the detection and recovery of €964,281 in unpaid wages.
The retail sector, being open throughout the year, was the recipient of the majority of inspections, with 2,414 visits, of which there were breaches observed in 25%, or 599 businesses. Repayments of €456,856 were ordered following detection.
The WRC identity the primary causes of complaints to be:
- Pay (3,009)
- Unfair Dismissal (1,688)
- Discrimination-Equality-Equal Status ( 1,596)
- Redundancy (571)
The Report pointed out that they had noticed a significant increase in the number of complaints citing discrimination or discriminatory policies, particularly regarding disability; there is little doubt that the overwhelming majority of these were from anti maskers, none of whom have, fortunately, been successful, but all of whom caused both our members and the various arms of the State considerable discomfort and aggravation.
There were 89 separate businesses convicted for breaches considered to be of sufficient gravity to initiate Court proceedings.
There were 129 charges , spread between 7 Employment laws.
- 64 Employment Permits
- 36 Workplace Relations Act
- 17 organisations of working time
- 8 National minimum wage
- 3 payment of wages act
- 1 Protection of young person’s act
- The Association will continue to provide specific and direct.
WRC Annual Report (See HERE)