Protection of Employees (Employers’ Insolvency) Act 1984
F72 [ Appeal to Labour Court from declaration of adjudication officer under section 9
9A. Section 44 of the Act of 2015 shall apply to a declaration of an adjudication officer given in relation to a complaint under section 9 as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to the following modifications:
(a) the substitution of the following subsection for subsection (1):
‘ (1) A party to proceedings in relation to a complaint under section 9 of the Act of 1984 may appeal a declaration of an adjudication officer given in those proceedings to the Labour Court and, where the party does so, the Labour Court shall —
(a) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,
(b) make a decision in relation to the appeal affirming, varying or setting aside the declaration of the adjudication officer to which the appeal relates, and
(c) give the parties to the appeal a copy of that decision in writing. ’ ;
(b) any other necessary modifications. ]
Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 15, commenced by S.I. No. 410 of 2015 as per subs. (2).
Previous affecting provision: section inserted by Workplace Relations Act 2015 (16/2015), s. 81(4), not commenced; deleted and substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(m), S.I. No. 411 of 2015.