Industrial Relations Act 1946

Breaches of registered employment agreements.

32

32. (1) If a trade union representative of workers affected by a registered employment agreement complains to the Court that any employer of any class to which the agreement relates has failed or neglected to comply with the agreement, the following provisions shall have effect—

( a) the Court shall consider the complaint, and shall hear all persons appearing to the Court to be interested and desiring to be heard;

( b) if, after such consideration, the Court is satisfied that the complaint is well-founded, the Court may by order direct the said employer to do such things (including the payment of any sum due to a worker for remuneration in accordance with the agreement) as will in the opinion of the Court result in the said agreement being complied with by the said employer.

(2) If an employer or a trade union representative of employers affected by a registered employment agreement complains to the Court that a trade union representative of workers affected by the agreement is promoting or assisting out of its funds in the maintenance of a strike which to the knowledge of the general committee of management of the trade union of workers is in contravention of the agreement and which has for its object the enforcement of a demand on an employer to grant to a worker remuneration or conditions other than those fixed by the agreement, the following provisions shall have effect—

( a) the Court shall consider the complaint and shall hear all persons appearing to the Court to be interested and desiring to be heard;

( b) if, after such consideration, the Court is satisfied that the complaint is well-founded—

(i) the Court may, by order, direct the said trade union of workers to refrain from assisting out of its funds in the maintenance of the said strike;

(ii) the Court may cancel the registration of the agreement.

(3) Where—

( a) a strike continues after the Court has made an order under subsection (2) of this section in respect of the strike, and

( b) members of a trade union of workers, whose rates of remuneration or conditions of employment are not the subject of the strike, are unable or decline to work while the strike continues,

then, the payment to those members of strike benefit in accordance with the rules of the trade union shall not be regarded, for the purposes of this section, as assisting in the maintenance of the strike.

F26 [ (4) If an employer fails to comply with an order under paragraph ( b ) of subsection (1) within 28 days from the date on which the terms of the order are communicated to the parties, the Circuit Court shall, on application to it in that behalf by

( a ) the worker concerned (or, in the case of a worker who has not reached the age of 18 years, the worker s parent or guardian with his or her consent),

( b ) with the consent of the worker, any trade union of which the worker is a member, or

( c ) the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances,

without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to comply with the terms of the order. ]

F27 [ (5) The reference in subsection (4) to an order of the Labour Court is a reference to such order in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought it has been abandoned and the references to the date on which the terms of the order are communicated to the parties shall, in a case where such an appeal is abandoned, be construed as references to the date of such abandonment.

(6) The Circuit Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to the payment of compensation, direct the employer concerned to pay to the worker concerned interest on the compensation at the rate specified for the time being in section 26 of the Debtors (Ireland) Act 1840, in respect of the whole or any part of the period beginning 6 weeks after the date on which the order of the Labour Court is communicated to the parties and ending on the date of the order under this section.

(7) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, trade, business or occupation. ]

Annotations:

Amendments:

F26

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 8(a), S.I. No. 302 of 2012.

F27

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 8(b), S.I. No. 302 of 2012.

Modifications (not altering text):

C19

Amount of fine in subs. (4) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. no. 6, commenced on enactment.

Increase of fines.

4.—(1) A person convicted of an offence for which a penalty is provided in any enactment indicated in the First Schedule to this Act at any reference number shall, in lieu of the fine provided in that enactment, be liable to the fine specified in column (3) of that Schedule at that reference number, and that enactment shall be construed and have effect accordingly.

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First Schedule

Increase of Fines

Section 4 .

Ref No.

Section

Fine

(1)

(2)

(3)

...

...

...

INDUSTRIAL RELATIONS ACT, 1946

...

...

...

7

32(4)

£1,000 and a daily default fine of £200.

...

...

...

C20

Use of powers of inspection for enforcement of section provided (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 52, commenced on enactment.

Powers of inspection for enforcement of registered employment agreement.

52.—The powers of inspection given to inspectors by section 12 of the Industrial Relations Act, 1969, shall be exercisable for the purpose of enforcing the provisions of section 32 of the Industrial Relations Act, 1946, and section 51 of this Act and the said section 12 and this section shall be construed as one section.