The National Employment Rights Authority
Are you ready for an inspection?
NERA, The National Employment Rights Authority was set up in 2007 on an interim basis. It monitors conditions of employment in the Republic of Ireland.
NERA has Inspection services and Enforcement and Prosecution Units.
NERA inspectors are now authorised to work with and share information with the Department of Social Protection and the Revenue Commissioners in Joint Investigation Units.
The Workplace Relations Act 2015 effectively transferred the powers of inspection from the National Employment Rights Authority (NERA) to The Workplace Relations Commission (WRC).
It created the WRC which is a one point of contact Government Agency dealing with the various aspects of employment law in Ireland including enforcement.
You should continue to read this article as it deals with the powers of inspection which NERA had and have been effectively transferred to WRC.
To go directly to our article on WRC inspection click here
The power to inspect
The NERA Inspection Services are empowered to carry out inspections into compliance with employment rights under the following acts:
What can happen during an inspection?
An inspection can be triggered by a specific complaint, a random inspection or targeted at a particular area of employment.
Inspectors can enter your premises at reasonable times. They can interview your employees as well as you. They can take statements, examine records and take copies. They can also initiate legal proceedings.
Download The Employers Guide to a NERA inspection here ;
What usually happens where a breach of employment law is found?
This depends on the nature of the breach. The inspection services may issue a letter calling on the employer to rectify the breach. They may however refer the matter to legal services for prosecution or they may carry out a further inspection, which may result in one of the previou actions, namely a warning or a prosecution.
If the breach involves The Protection of Young Persons Act1996 an immediate prosecution will follow.
What should I do to reduce the chances of a breach of employment law occurring?
You should arrange an independent inspection of all of your employment law procedures to spot any areas of potential breach. As a busy employer you may not be up to date on all of the current employment legislation affecting employers and employees in Ireland. As experienced, qualified employment law consultants, we are.
We can carry out a review for you and make recommendation for improvements where necessary. Most of our clients have found it beneficial to have another pair of eyes review their HR procedures.
What should I do next?
If you would like to discuss any aspect of employment law please contact us.
We recommend that you arrange an employment law review. It could save you money and many sleepless nights.
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