Friday, March 5, 2010

Enforcing your employment rights!

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. Organisations involved in employment rights enforcement include the National Employment Rights Authority (NERA), the Employment Appeals Tribunal, the Labour Relations Commission, the Rights Commissioner Service and the Equality Tribunal and the Labour Court.

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.

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.

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

If you have a complaint about discrimination in employment you should apply to the Equality Tribunal on form EE.1

If you need information about employment law and your employment rights you should contact the NERA Information Service.

If you have any comments or queries please use the comments or email link below or visit our website @

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