The Department of Enterprise & Employment is close to being overwhelmed by the weight of complaints and inquiries about rights. Immediate action is required "if the Department wishes to continue to provide a meaningful service", according to consultants brought in to review the Employment Rights Enforcement Section of the Department.
Enterprise & Employment has been perceived to be more concerned about being seen to be doing something about enforcing employment legislation than actually achieving something, according to the consultants PricewaterhouseCoopers.
The consultants found that 30 per cent of cases being investigated by the section were unresolved after five years, with 10 per cent on the books for 10 years. This arose because of the growth in employment combined with the increase in legislation and EU directives, which has greatly increased demand for the section's services, according to PWC. The report was released to The Irish Times upon a request under the Freedom of Information Act.
The section is responsible for ensuring that employers comply with employment law, and that workers are aware of and afforded their rights. PWC pointed out that the number of calls handled by the section last year "was the equivalent of 10 per cent of the working population contacting the section over a 12-month period".
PWC found that staffing levels were inadequate to meet dramatically increased demand. They calculated that the volume of calls handled by the section has increased by 100 per cent since July 1997, while staff numbers have increased by 20 per cent. More than 25,000 non-EU workers have entered Ireland legally since January this year.
The section's phone system is completely overwhelmed, according to the consultants.
PWC pointed out that only 13 of the 17 posts of inspector for investigating complaints were filled. "In the past, due to conflicting demands and limited resources, it was not always possible to follow up on inspections to the point were it was clear whether compliance had been achieved," the consultant said.
The situation has led to frustration among inspectors, due "to what they felt was an over-emphasis by management and external stakeholders on quantity rather than quality", they add.
PWC were also critical of the Prosecution Unit, which brings to court offences under employment law passed to them either by the inspectors or the Labour Courts. The system used by the unit is "inadequate and time consuming", they said.
Problems were also identified at the Enforcement Unit, which investigates complaints of non-compliance by employers with orders issued by the Rights Commissioners, the Employment Appeals Tribunal and the Labour Court. The lack of any standard approach meant "that a large portion of the unit's time seems to be spent writing letters and gathering documentation". The problem is compounded by technical errors in up to 70 per cent of the orders sent to them for enforcement.
Other problems identified by PWC included little evidence of a common identity across the various units and delays in getting legal advice and directions from the Chief State Solicitor's Office which was having a knock-on effect on the rights section.
The management of the unit are criticised for using performance measures that do not correlate directly with the nature of section staff work. "Thus they do not give a true reflection of performance," they conclude.
The report - finalised earlier this month - notes that "positive action" has been taken since the study was completed in May.
