The remit of the National Employment Rights Authority (Nera) is to secure compliance by employers with employment legislation, foster a culture of compliance and provide a free rudimentary advice line for employers and employees. The authority has powers of investigation, inspection, examination and enforcement.
Nera can visit employers' premises without warning (although only at reasonable times) and can demand to see employment contracts, employment policies and all employees' records to ensure they satisfy employment law. It also ensures that notices are displayed advising employees of their entitlements and setting out the contact details for Nera.
The latest report from Nera shows that inspections covered compliance with legislation on the organisation of working time, payment of wages and protection of young persons. The worst area for breaches was the organisation of working time legislation. There was only a 50% compliance rate by employers in this area and almost €30,000 was recovered. Over €50,000 in unpaid national minimum wage payments was also recovered, but Nera found 94% compliance by employers in this area.
The authority's investigatory role is extensive and it is an offence to conceal or destroy any documentation that Nera may seek to examine. In such cases search warrants can be issued by the district court. Failure to comply with a Nera inspection can result in a fine of up to €250,000 plus costs for any proceedings under the Employment Compliance Act.
The act also allows for office-holders in a corporate body to be made personally liable if that body commits an offence under the legislation. This imposes an increased duty on management to ensure the business complies with employment legislation.
If, as an employer, you are in any doubt as to whether or not you would meet the requirements of a Nera audit, you should engage a professional to conduct an employment law audit. This should include an examination of your employment contracts, employee profiles, policies and procedures, staff handbook and all employment records.

Oisín Scollard is a barrister and director of Employment Clinic. He will write a series of articles on the legal issues around employment, accompanied by a podcast on www.employmentclinic.ie