Deirdre O'Shaughnessy speaks to Ger Deering, Director of NERA, the National Employment Rights Agency, about the agency's determination to safeguard employee rights even in tough financial times

While some may scoff at the idea of 'yet another' quango coming up with 'yet another' report for the Government to read and shelve, the latest report from NERA, the National Employment Rights Agency, makes interesting and informative reading, as well as issuing a harsh warning to employers who may not be treating their employees fairly.

In 2008, NERA recovered over €3 million owed to employees. Launching the report last week, Labour Minister Billy Kelleher said employment law was an integral part of the business environment and that the Employment Law Compliance Bill currently being made law would see NERA placed on a full legal footing.

NERA was established on an interim basis in 2007, at the very end of the boom and at a time when talk had begun of abolishing quangos, rather than creating new ones. However, there is a clear need for monitoring and enforcement of employment law, as the agency's new figures show.

"While most employers are committed to complying with employment law and cooperate with NERA, we have encountered a number of employers where very serious breaches are evident or where employers refuse to cooperate," says NERA Director Ger Deering.

"Some are of the opinion that employers should not be required to pay the legal minimum rates to their employees due to the changed economic climate.

"Are we really suggesting that withholding money that is legally due to those on minimum rates of pay is a sustainable or legitimate way to run a business?

"The money recovered by NERA represents real money in people's pockets and can make a huge difference to lower paid workers. It simply is not acceptable under any circumstances for employers to take advantage of their employees in this manner," he adds.

However, Mr Deering is keen to point out that NERA has not seen a major increase in unfair treatment since the recession began.

"A lot of our cases go back further than the downturn, but we do have to be careful and be vigilant that it isn't used as an excuse. There is a risk that people will use it as an excuse, but we have to put out a clear message that the law does apply and that this is not a sustainable or sensible way to do business."

Businesses facing challenges in the recession are not entitled to make that argument when refusing to pay taxes or local authority rates, he points out.

The main sectors in which serious breaches were found and awards made were in the contract cleaning, hotels, catering, grocery and construction industries. Notably, lower paid workers are more likely to be denied their rights when it comes to pay.

"The people most at risk are those earning the basic minimum wage. One big issue is employment regulation orders; employers are not always as familiar with these as they should be."

Employment regulation orders are minimum rates of pay for different industries set down by Joint Labour Committees, a system which many believe is redundant since the statutory minimum wage was introduced. They recently came under heavy criticism from hoteliers who were required to pay double for Sunday work.

Deering is quick to stress that NERA is not all about punishment; it's also there as an aid to the employer who may not be familiar with all his/her obligations.

"We made about 70 prosecutions last year after 28,000 inspections, but our first aim is to see the problem rectified and get the employee their arrears. We work with employers, and any employers who cooperate with us have nothing to fear."

To date, the agency's site, www.employmentrights.ie, has received 1.8 million hits, and it has received 115,000 calls, with about 40 per cent of these coming from employers seeking information and assistance. NERA provides services in 12 languages.

For more information, see www.employmentrights.ie.

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