Industrial Relations Act 1946

45A.

F39 [ Decision of adjudication officer under section 41 of Workplace Relations Act 2015

45A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of an employment regulation order in relation to a worker shall do one or more of the following, namely

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the employment regulation order, or

(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years remuneration in respect of the worker s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 . ]

Annotations:

Amendments:

F39

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015) s. 52(1) and sch. 7 part 1 ref. 1, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

Modifications (not altering text):

C36

References to “employee” and “employer” construed (27.07.2016) European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), regs. 2(1) and 9(3)(d).

Interpretation

2. (1) In these Regulations— ...

“contractor”, in relation to a posted worker, shall be construed in accordance with Regulation 7;

...

“posted worker” means a worker who normally works in another Member State but, for a limited period, carries out his or her work in the State.

...

Presentation of complaint under Act of 2015

9. ...

(3) References to employee and employer in— ...

( d) section 45A of the Act of 1946,

shall, in so far as they relate to a complaint by a posted worker against a contractor under this Regulation, be construed as references to the posted worker and contractor, respectively.

Editorial Notes:

E149

Relevant redress provision in respect of section specified (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 41(5)(b)(i) and sch. 6 part 1 item 1, S.I. No. 410 of 2015.

E150

Previous affecting provision: section inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 13, S.I. No. 302 of 2012; substituted as per F-note above.