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Evidence of Anti-Employer prejudice at NERA

Evidence of Anti employer prejudice has emerged at NERA, the National Employment Rights Authority. Examination of their website shows that the entire thrust of the advice given, when addressed to employers is exclusively confined to duties and responsibilities. Equally the reverse is true for advice given to employees in that it is focused entirely on their rights. No where is there discussion on or advice given to employees on their obligations to conform to their lawful obligations set out in their contract of employment - and what can happen when they are in breach. And there is no reference to the rights of employers who find their employees in such breach.

NERA has a statutory (and indeed a constitutional) obligation to be balanced in its approach but this breach shows otherwise. This is evidence of NERA's capacity to be uneven in its dealing with employers and may be used in court to prove prejudice.

As we write, NERA's website continues to show this unlawful imbalance and what is frightening about it is that NERA simply have not noticed this even though it is patently obvious. We have made a formal complaint to the Chamber of Commerce about NERA's conduct and we expect that as this display of prejudice will be deleted from the website and more balanced advices published. This will not however necessarily change the mind-set within NERA that may lead to biased anti-employer action. We have taken the precaution of copying the relevant original web-pages to use in evidence in suitable appeals or judicial review proceedings to be taken against NERA.

If you are an employer and need information on NERA, please call our Employment and HR Law partner Paddy McMahon, Solicitor at (01) 4525211

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