How do I get my Rights?

Ask your Employer

In the event that you believe you are not receiving one or more of your employment rights, as a first step you should always bring the issue to the attention of your employer. They may not be aware that they are required to provide you with a particular entitlement. By bringing the matter to their attention you may find that the issue can be resolved.

Seek the Advice of Your Trade Union

If you are a member of a trade union, you may seek advice from your shop steward or relevant full time union official in relation to your employment rights and entitlements and the options you have to seek to have them enforced.

You can also call the UnionConnect service by telephoning 0818 300 900 or online at www.unionconnect.ie to obtain a range of factsheets outlining the options you can take to resolve workplace problems, how a union can help you and how to become a union member.

Take a case to the Rights Commissioner Service

Complaints in relation to some rights, such as the National Detailed Guide To The National Minimum Wage Act, 2000, working hours and carer?s leave can be made to the Rights Commissioner Service. For further details on specific employment rights, please use the left navigation bar.

Take a case to the Employment Appeals Tribunal (EAT)

Complaints in relation to some rights, such as minimum notice and redundancy can be made to the Employment Appeals Tribunal (EAT). The EAT also hears appeals on decisions made by the Rights Commissioner Service under certain legislation. For further details on specific employment rights, please use the left navigation bar.

Make a Complaint to the Equality Tribunal

Complaints in relation to alleged discrimination on any one of nine grounds (gender, marital status, family status, listed in the Employment Equality Acts 1998 & 2004, in the course of employment or application for employment, can be made to the Equality Tribunal. All complaints referred to the Equality Tribunal that are deemed suitable for mediation are referred to a trained mediator in the first instance unless one or other of the parties objects to this. If mediation is tried and fails or is bypassed, the complaint is referred to an Equality Officer for full adjudication.

Make a complaint to NERA Inspection Services 

NERA Inspection Services have a role in enforcing aspects of a range of Legislation relating to rights including recording of working hours, the National Minimum Wage, industry specific agreements (EROs and REAs),protection of young workers and payment of wages. Compaints can be made directly to NERA inspection Services. To make a complaint to NERA Inspection Services please download and fill in our Inspection Services Complaint Form .

The Civil Courts

Certain issues of dispute between employees and employers (usually those which involve an alleged breach of contract on the employer?s part) can be pursued through the civil courts. Claims of gender discrimination contrary to the Employment Equality Acts can also be taken in the first instance to the Circuit Court. However, civil court actions can be expensive as it will often be necessary to engage professional legal assistance and court fees have to be paid. There are no fees payable for claims taken to employment rights bodies such as the Rights Commissioner Service or the Employment Appeals Tribunal. Neither is it necessary to be legally represented before those bodies.

If you are unsure which avenue to take, please contact NERA on 1890 808090.

*Under certain employment legislation (e.g. Unfair Dismissals Acts 1977 to 2007) there is a choice regarding the avenue of redress. For further details please contact NERA Information Services.