People working in Ireland 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.
Since 4 January 2012 there is a single point of contact and a new single complaint form available on the shared website, workplacerelations.ie.
On 5 April 2012 the Minister for Jobs, Enterprise and Innovation published a Blueprint document detailing the following new workplace relations structures to be set up by the end of 2012:
A Workplace Relations Bill is being drafted to give effect to these changes in autumn 2012.
In May 2012 the Labour Relations Commission started offering a pilot Early Resolution Service as an alternative to a formal complaints hearing or inspection.
In February 2007 the National Employment Rights Authority (NERA) was established on an interim basis
NERA Inspection Services 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 - their role is to ensure the compliance and enforcement of employment rights legislation.
Employment rights information: Since 4 January 2012 information on rights and entitlements under employment legislation (previously provided by NERA) is provided by Workplace Relations Customer Services.
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.
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.
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.
The Equality Tribunal investigates or mediates complaints of discrimination in employment including which includes training and access to employment. Under the Employment Equality Acts 1998-2011 it is illegal to discriminate against someone on the grounds of gender, civil status, family status, religion, sexual orientation, age, disability, race or membership of the Traveller community.
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.
The Department of Jobs, Enterprise and Innovation’s responsibilities include promoting employment, protecting workers and employment permits.
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 - see 'Complaints' below.
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 - see 'Complaints' below.
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 - see 'Complaints' below.
If you have a complaint about discrimination in employment you should apply to the Equality Tribunal - see 'Complaints' below.
If you are making a complaint to the Rights Commissioner Service, the Employment Appeals Tribunal or the Equality Tribunal you should use the new single complaint form.
If you need information about employment law and your employment rights you should contact Workplace Relation Customer Services.