Maternity Protection Act 1994

F57[Decision under section 41 or 44 of Workplace Relations Act 2015

32

32. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part II, III or IV (or any matter arising out of or related to such entitlement) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the adjudication officer may order

(a) the grant of leave to the employee for such period as may be so specified,

(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 20 weeks remuneration in respect of the employees employment calculated in such manner as may be prescribed, as the adjudication officer considers just and equitable having regard to all of the circumstances, or

(c) both such grant and such award.

(2) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision referred to in subsection (1) may include such directions to the parties to the appeal as the Labour Court considers necessary or expedient for the resolution of the matter, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the Labour Court may order

(a) the grant of leave for such period as may be so specified,

(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 20 weeks remuneration in respect of the employees employment calculated in such manner as may be prescribed, as the Labour Court considers just and equitable having regard to all of the circumstances, or

(c) both such grant and such award.

(3) In this section remuneration includes allowances in the nature of pay and benefits in lieu of or in addition to pay.]

Annotations

Amendments:

F57

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 ref. 6, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

Editorial Notes:

E41

Power pursuant to subs. (3) and s. 30(5) exercised (18.05.1999) by Maternity Protection (Maximum Compensation) Regulations 1999 (S.I. No. 134 of 1999).