Are you ready for an inspection?
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.
The WRC has recently issued a “ Guide on Inspections” for employers.
As per the WRC's own figures, they have carried out 2465 inspections, up to March 2016. Following from these inspections 1086 employers were found to be in breach of employment legislation.
An inspector calls
The inspector may be calling in response to a number of reasons.
A complaint received alleging non compliance with employment rights legislation
A current campaign focused on a particular industry or group or piece of legislation
Usually the inspector will give advance notice of the inspection and request the employer to have the necessary documents available.
The inspector identifies themselves and show their Warrant of Appointment to the employer or their representative. They will explain the nature of the visit and the legislation under which they are acting.
The relevant records will be requested and examined in detail. A sample of employees will then be interviewed. A further meeting usually takes place with th employer or their representative to let them know about any preliminary findings.
What if there is minor non-compliance ?
Where there have been minor or accidental breaches the employer is usually afforded an opportunity to rectify them. When proof of rectification has been furnished to the satisfaction of the inspector, the file is closed.
Any errors regarding underpayment of wages must be dealt with as soon as possible.
What about serious breaches?
Serious breaches can be dealt with by fixed payment notices or prosecution through the courts.
The level of cooperation and rectification are serious factors affecting the decision to prosecute through the courts.
What should I do to ensure that I would pass an inspection?
Contact us today and we will carry out an audit of your employment law compliance procedures. That way if anything is in breach it can be fixed before penalties and publicity kick in. If you received notice of a pending inspection and are seeking assistance in preparing for the visit of the inspector, please contact us immediately using the orange Tell Me More button below. Let us know the date of the inspection and we will contact you to help.
Download The WRC Guide to inspections here ;
See also NERA inspections here
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Image courtesy theilr