How an Inspection is Undertaken

Notification

NERA Inspectors undertake both “announced” and “unannounced” inspections.

• In the case of 'announced inspections', the inspector will contact the employer by letter or telephone to advise the employer that it is intended to carry out an employment rights compliance inspection on their business and to make the necessary arrangements for undertaking the inspection.
• In the case of unannounced inspections, the inspector presents at the place of business and seeks the production of appropriate records.  

The Inspection

At the start of any inspection, the Inspector identifies themselves, shows their authorisation, which includes photographic identification, and explains to the employer the purpose of the inspection.  In some situations, more than one inspector may be required to carry out the inspection.

In carrying out an inspection, the Inspector:

• Ascertains the name(s) of the person(s) who keeps and updates the records
• Examines the records to establish that they are in compliance with the relevant employment rights legislation
• Determines the rates of pay in respect of each employee from the rosters and the wages records presented
• Informs the employer during the course of the inspection of any breaches of the legislation identified
• May interview employees.   

An Inspection will typically last 2-3 hours.  The duration depends on a number of factors including the size of the business and the volume and quality of the records.