Enforcing your employment rights

Information

If you are an employee, you have certain rights under employment law such as a minimum wage and annual leave. If you are not getting your rights or entitlements or if you lose your job and consider your dismissal was unfair, there are various organisations which can assist you to enforce your rights - see 'How to apply' below. Organisations involved in employment rights enforcement include the National Employment Rights Authority, the Employment Appeals Tribunal, the Labour Relations Commission, the Rights Commissioner Service, the Equality Tribunal and the Labour Court.

Employment law compliance

As part of the national partnership agreement Towards 2016a new employment rights compliance office the National Employment Rights Authority (NERA) has been established - see below. The number of NERA inspectors is being trebled and they are to work on employment rights compliance with the Department of Social Protection and the Revenue Commissioners in Joint Investigation Units.

The Employment Law Compliance Bill 2008 (pdf) currently going through the Oireachtas includes the following proposals which would:

• Establish NERA on a statutory basis
• Strengthen NERA's powers of inspection and enforcement including the power to prosecute summary offences
• Involve NERA inspectors in the enforcement of employment permits legislation and strengthen that legislation as regards records and other employers' obligations
• Protect employees who report breaches of employment legislation in good faith and also protect them from penalisation when claiming their employment rights
• Increase the penalties for employment law offences: up to €5,000 and/or 12 months' imprisonment for summary offences and up to €250,000 and/or 3 years' imprisonment for indictable offences

National Employment Rights Authority

In February 2007 the Minister for Enterprise, Trade and Employment established the National Employment Rights Authority (NERA) on an interim basis. The Employment Law Compliance Bill 2008 proposes to establish NERA as a statutory office - see above. The Labour Inspectorate, the Employment Rights Information Unit and the Enforcement and Prosecution sections of the Department of Enterprise, Trade and Innovation have now been transferred to NERA.

NERA Information Services (formerly the Employment Rights Information Unit) provide information on rights and entitlements under employment legislation, apart from employment equality. There is a range of employment rights publications including information in other languages available from NERA.

NERA Inspection Services (formerly the Labour Inspectorate) are responsible for enforcing certain employment laws and Employment Regulation Orders and Registered Employment Agreements. NERA also carries out inspections and gathers information in relation to other employment laws. For example, employees or interested parties may ask for an inspection in relation to the protection of young people in employment.

NERA Enforcement and Prosecution Services (formerly sections of the Department of Enterprise, Trade and Innovation). Their role is to ensure the compliance and enforcement of employment rights legislation.

Employment Appeals Tribunal

The Employment Appeals Tribunal is an independent body that hears a wide range of disputes concerning employment rights. Depending on the legislation it hears claims or appeals. Sometimes a claim is made directly to the Tribunal - see 'How to apply' below. In other cases it only hears appeals against decisions or recommendations of a Rights Commissioner.

Labour Relations Commission

The Labour Relations Commission promotes the improvement of, and advises on, industrial relations. It does this by providing a range of services to employers, employees and trade unions including the Conciliation Service, the Advisory Service, the Rights Commissioner Service and the Workplace Mediation Service.

Rights Commissioner Service

A Rights Commissioner is an independent officer of the Labour Relations Commission, who mainly hears individual employment rights claims. The Rights Commissioner tries to reach a settlement with both parties and makes a decision if the dispute is not settled. A Rights Commissioner's decision may be appealed in some cases to the Employment Appeals Tribunal, in other cases to the Labour Court.

Equality Tribunal

The Equality Tribunal investigates or mediates complaints of discrimination in employment including which includes training and access to employment. Under the Employment Equality Acts 1998 to 2008 (pdf) it is illegal to discriminate against someone on the grounds of gender, marital status, family status, religion, sexual orientation, age, disability, race or membership of the Traveller community.

The Labour Court

The Labour Court may investigate industrial disputes in certain circumstances. You may also appeal to it against decisions of a Rights Commissioner or the Equality Tribunal.

Department of Enterprise, Trade and Innovation

The Department of Enterprise, Trade and Innovation’s responsibilities include promoting employment and protecting workers. These include redundancy payments and employment permits.

How to apply

Where you make a complaint to enforce one of your employment rights depends on the employment law it comes under. For example, your annual leave entitlement is set out under the Organisation of Working Time Act 1997.

Some employment legislation prohibits employers from victimising or penalising employees who try to enforce or are enforcing their rights given by the legislation. Victimisation could mean less favourable treatment or dismissal.

If you have a complaint about entitlements such as annual leave, public holidays, hours of work, maternity leave, carer’s leave, adoptive leave, parental leave, you should apply to the Rights Commissioner Service. You can download the complaint forms here.

If you are claiming unfair dismissal you should apply to the Rights Commissioner Service if you and your employer agree. If either of you objects to a Rights Commissioner hearing you should apply to the Employment Appeals Tribunal.

If there is a dispute about redundancy or if you do not get your minimum notice entitlement you may bring a claim to the Employment Appeals Tribunal

If you have a complaint about discrimination in employment you should apply to the Equality Tribunal on form EE.1 (pdf)

If you need information about employment law and your employment rights you should contact the NERA Information Service.