Following the enactment of the Workplace Relations Act 2015, the Workplace Relations Commission’s Investigation service has now taken over the role formerly held by NERA. Here’s a quick guide on what to expect should you be subject to an inspection...
The inspection begins with a letter being issued to the employer, asking them to be available for the inspection on a pre-allocated date. Employers are expected to be ready to show compliance in all areas of employment law on this date, with all employee records available on demand.
These records include the obvious necessities such as:
- Signed contracts of employment
- Handbooks
- Working time records
- Payslips
...and even down to ensuring a poster with young persons’ rights is available.
If the employer is unable to meet on this date, they may request an adjournment stating extenuating circumstances. It’s worth noting, however, that in some circumstances, the inspector may show up unannounced.
Before and during the inspection
In order to appropriately prepare for the inspection, employers should be aware of all documentation that will be required. They’ll also be issued with a spreadsheet to be filled in with employees’ personal details.
During the inspection, the inspector will request a copy of the required documents, and may also interview a number of employees before having a closing meeting with the employer. It should be noted that inspectors do
not need to ask an employer’s permission before interviewing employees, although they
will ask your consent to do so on company premises.
If this consent is not given, employees may be interviewed off-site.
The outcome of the inspection
Areas of non-compliance that are identified during the inspection process will be issued in a list of contraventions – these can usually be resolved by communicating and cooperating with the inspector.
However, if these contraventions are ignored by the employer, District Court proceedings may follow.
Support
Peninsula will not only help you to prepare for your WRC inspection, but we’ll also be able to provide you with the documentation needed to ensure that you comply with anything that comes your way going forward.
If you have any questions in relation to WRC inspections, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
