When should a Labour Inspector get involved
Labour inspectors monitor, investigate and enforce minimum employment conditions set out in various Acts of Parliament. The functions of the inspector involve providing employees and employers with information and education to enable them to become compliant with the law. They also have a role to assist employers implement systems and practices in the workplace that comply with the minimum standards.
Labour inspectors provide services under the Employment Relations Act and are responsible for protecting basic workplace rights guaranteed in the:
- Employment Relations Act
- Equal Pay Act
- Parental Leave and Employment Protection Act
- Wages Protection Act
- Minimum Wage Act
- Holidays Act
- Volunteers Employment Protection Act.
Employers and employees must meet the minimum entitlements in these Acts. They cannot agree to waive them in any instance, including in a mediated agreement. A labour inspector may assist when:
- the problem can’t be resolved with a phone call to the Department’s Contact Centre or through advice from your union or employers’ organisation
- the minimum rights can’t be understood
- there is a disagreement on how minimum entitlements have been calculated
- the employer’s practices or systems need to improve to ensure they comply with the law.
Information officers at the Contact Centre can refer such matters to an area office of the Department of Labour for labour inspector assistance.
The labour inspector will discuss ways to approach the problem and any confidentiality issues involved. Inspectors have the right to:
- review wage and time records
- visit the workplace to verify the facts
- talk to the employer
- seek to create an understanding of the problem
- ensure any error is corrected.
Where possible, they assist the employer to set the matter right. One way this can be achieved is through an enforceable undertaking where the employer makes a commitment in writing to the inspector to address non-compliance with the law. The undertaking may require the employer take any action in relation to the breach, such as implementing a recording system in the workplace.
If a voluntary agreement is not possible, the labour inspector may address breaches of legislation by issuing an improvement notice or a demand notice. The improvement notice can also include steps the employer may take in relation to the breach.
The inspector can enforce undertakings or notices through a compliance order in the Employment Relations Authority. Penalties may occur for non-compliance with an improvement notice or an enforceable undertaking and penalty interest may apply on monies owed in association with a demand notice, where non compliance is long-standing or repeated.
Department of Labour staff are based around the country. They are available to speak about basic employment rights to schools, employer groups and union groups and can be contacted through the Department’s Contact Centre free on 0800 20 90 20.
