Where a Workplace Relations Inspector has reasonable grounds for believing that a person has committed an offence under certain specified legislation (see below), he/she may give to that person a Fixed Payment Notice stating that -
- the person is alleged to have committed that offence,
- the person may, within 42 days from the date of the notice, make payment of the prescribed amount, which should be accompanied by the notice, to the Commission
- the person is not obliged to make the specified payment
- no prosecution in respect of the alleged offence(s) will be initiated if the payment is made during the 42 day period
Offences under the following pieces of legislation may attract a fixed payment notice -
- Section 11 of the Protection of Employment Act 1977 (fixed payment amount is €2,000)
- Section 4(4) of the Payment of Wages Act 1991 (fixed payment amount is €1,500)
- Section 23 of the National Minimum Wage Act 2000 (fixed payment amount is €1,500)
- Section 6B of the Terms of Employment (Information) Act 1994
A person who receives a Fixed Payment Notice may, within 42 days of the date of the Notice, make a payment to the Commission of the amount specified in the Notice. If the payment is made within the statutory 42-day period, no prosecution will be instituted against such person.
Failure to make payment against a Fixed Payment Notice will cause a Prosecution to be instituted by the Commission in the Courts.