Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

The National Employment Rights Authority, NERA, was established in 2007 on an interim basis on foot of a commitment in the social partnership agreement Towards 2016. NERA has responsibility for the promotion and enforcement of compliance with employment law generally. Under the National Minimum Wage Act 2000 NERA may undertake inspections to check compliance with the provisions of the Act and in certain circumstances may initiate prosecutions for failure to comply with particular provisions.

NERA inspection services carry out inspections as a result of complaints received, targeted campaigns and routine inspections. Where breaches of employment rights legislation are detected, NERA seeks compliance and rectification of breaches identified, including redress for the employees concerned and payment of any underpayment of wages due to those employees.

NERA Prosecution Service is empowered to prosecute employers for breaches of employment legislation. However, in the majority of cases employers rectify breaches of employment law and pay underpayments of wages due to employees without prosecution. However, NERA reserves the right to initiate prosecutions in respect of breaches of employment legislation.

On the matter of secretaries and caretakers in schools, two complaints have been received by NERA inspection services to date in 2008. The investigation of one of these complaints has been completed and no breaches of the National Minimum Wage Act were found. The investigation of the second complaint is ongoing.

If the Deputy has specific information of secretaries and caretakers in schools that are being paid below the minimum wage, he may make a complaint to the inspection services of NERA, which will investigate the matter. Details of how to contact NERA and NERA complaint forms are available from the NERA website. The Deputy should also be aware that rights commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.

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