Protection of Employees (Employers’ Insolvency) Act 1984

F72 [ Appeal to Labour Court from declaration of adjudication officer under section 9

9A

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. ;

and

(b) any other necessary modifications. ]

Annotations:

Amendments:

F72

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).

Editorial Notes:

E23

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.