S.I. No. 32/2017 - Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2017.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th February, 2017.

I, PAT BREEN, Minister of State at the Department of Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 4 and 36 of the Workplace Relations Act 2015 (No. 16 of 2015) and the Jobs, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 6 of 2017 ), hereby make the following regulations:

1. These Regulations may be cited as the Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2017.

2. The form set out in the Schedule is prescribed for the purposes of subsection (1) of section 36 of the Workplace Relations Act 2015 .

3. Regulation 3 of, and the Schedule to, the Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 ( S.I. No. 419 of 2015 ) are revoked.

SCHEDULE

Prescribed Fixed Payment Notice

WORKPLACE RELATIONS ACT 2015 (No. 16 of 2015)

Regulation 2 FIXED PAYMENT NOTICE IN RELATION TO AN ALLEGED OFFENCE UNDER SECTION 11 OF THE PROTECTION OF EMPLOYMENT ACT 1977, SUBSECTION (4) OF SECTION 4 OF THE PAYMENT OF WAGES ACT 1991 OR SECTION 23 OF THE NATIONAL MINIMUM WAGE ACT 2000

FPN Ref. No.

Workplace Relations Commission

1. To:

2. It is alleged that you have committed a relevant offence, as defined by section 36 (5) of the Workplace Relations Act 2015 (No. 16 of 2015). Details of the relevant offence and associated fixed payment amount to be paid by you are as set out in the table below.

3. You may during the period of 42 days beginning on the date of this notice make to the Commission a payment of the prescribed amount as set out in the table at 2. above accompanied by this notice.

4. Payment may be made by Electronic Fund Transfer to:

Danske Bank, International House, 3 Harbourmaster Place, IFSC, Dublin 1

Account name: DJEI Danske EFT Receipts Public B/A.

IBAN IE24 DABA95199030010413

BIC DABAIE2D

You may contact the Workplace Relations Commission (Telephone (059) 917 8967) for assistance in relation to making payments.

5. You are not obliged to make the payment specified in this notice. However, if you do not make the payment during the period of 42 days beginning on the date of this notice a prosecution in relation to the relevant offence may be instituted.

6. A prosecution in respect of the alleged offence will not be instituted during the period of 42 days beginning on the date of this notice and, if the payment specified in this notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

______________ ______________

Inspector Dated

GIVEN under my hand,

2 February 2017.

PAT BREEN,

Minister of State at the Department of Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 36 (1) of the Workplace Relations Act 2015 provides that, where an inspector has reasonable grounds for believing that a person has committed a relevant offence, the inspector may give to the person a Fixed Payment Notice in the prescribed form for each of these offences.

The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 prescribe the form of Fixed Payment Notices in lieu of prosecution, if appropriate, and the amount of the fixed payment in each case in relation to alleged offences under the aforementioned legislation.

These Regulations revoke the prescribed form set out in the Schedule to the Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 and substitute an amended prescribed form for the purposes of Section 36 (1) of the Workplace Relations Act 2015 . The prescribed form has been amended at Paragraph 4 to incorporate a change in the banking details relating to the making of payments by electronic funds transfer.