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Inspections

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Compliance Notice

Where a Workplace Relations Inspector is satisfied that an employer has contravened a section of the legislation listed below in relation to one or more of his/her employees, the Inspector may issue a Compliance Notice.

A Compliance Notice will -

  • state the grounds on which the inspector is satisfied that a contravention of legislation has taken place
  • require the employer to do or refrain from doing such act(s) as/are specified in the notice, and by such date as is specified (Note - the date specified will not be earlier than that before which an employer is entitled to bring an appeal.)
  • contain information regarding the bringing of an appeal against the notice, including the manner in which an appeal may be brought

An appeal against the notice may be made by the employer to the Labour Court not later than 42 days after the service of the notice. At a Labour Court Hearing of the appeal, both the inspector and the employer concerned may be heard and may present evidence.

Subsequently, an employer may appeal to the Circuit Court against a decision of the Labour Court which either affirmed the compliance notice, withdrew it or issued a direction relating to it. Such appeal to the Circuit Court must be made within 42 days of the decision or the giving of the direction concerned.

Where an inspector is satisfied that the employer has complied with the compliance notice, he/she will serve a notice to the employer to that effect. 

Legislation under which a Compliance Notice may be issued -

ActSections
Payment of Wages Act 1991 (No. 25 of 1991)Section 5
Maternity Protection Act 1994 (No. 34 of1994)Section 18
Organisation of Working Time Act 1997 (No. 20 of 1997)Sections 6(2), 11, 12, 13, 14(1), 15(1), 16(2), 17, 18, 19(1), 21, 22, 23(1), 23(2)
Carer's Leave Act 2001 (No. 19 of 2001)Section 13(2)
Protection of Employees (Temporary Agency Work) Act 2012 (No. 13 of 2012)Section 14

 
 
 
 
 
 
 
 
 

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