Enforcement and Prosecution Services

Prosecution Services Unit

Prosecutions arising from NERA Inspection Services. Where a breach of Employment Rights legislation has been identified NERA’s Inspection Services’ primary role is to seek compliance with the legislation and rectification of the breach. This includes redress for the employees concerned and payment of any arrears due.

In certain circumstances, including where the employer fails to rectify the matter, where breaches of the Protection of Young Persons (Employment) Act 1996 have been detected or where serious breaches of employment rights legislation have been detected NERA’s Prosecution Services refer the matter to the Chief State Solicitors Office with a view to initiating a prosecution in the Courts, subject to their advice

Prosecutions from other bodies

In addition to the above, NERA’s Prosecution Services also refer cases for prosecution from CIMA (the Construction Industry Monitoring Agency), CWPS (Construction Workers Pension Scheme) and CIF (the Construction Industry Federation.

Enforcement Services Unit

The Enforcement Services Unit can seek to have a determination of the Labour Court or the Employment Appeals Tribunal enforced through the Courts Service in certain specific circumstances.

Generally where such an award is made in favour of an employee, the employer has six weeks to implement it. If the employer fails to do so within this period, the employee or the employee’s trade union may make an application to the Courts for an order directing the employer to carry out the determination. Where they are not in a position to do so they can refer the matter to the Enforcement Services Unit, which may in certain circumstances, make an application to the Courts for an order on their behalf.