Terms of Employment (Information) Act 1994

F19 [ Complaint to adjudication officer under section 41 of Workplace Relations Act 2015 ]

7

F19 [ 7. (1) An employee shall not be entitled to present a complaint under section 41 of the Workplace Relations Act 2015 in respect of a contravention of section 3 , 4 , 5 or 6 , if the employer concerned has

( a ) complied with a direction under section 6A given in relation to the contravention F20 [ before, on or after the commencement of section 8 of the Workplace Relations Act 2015 ] , or

( b ) been given a direction under that section in relation to the contravention and the period specified in the direction within which he or she is required to comply with the direction has not yet expired.

F21 [ (1A) An employee shall not be entitled to present a complaint under Part 4 of the Workplace Relations Act 2015 in respect of a contravention of section 3(1A)

(a) unless the employee has been in the continuous service of the employer for more than 1 month, or

(b) if the employer concerned has been prosecuted for an offence under this Act in relation to the same contravention. ]

(2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of F22 [ sections 3 , 4 , 5 , 6 or 6C ] 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 ) either

(i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under F22 [ section 3 , 4 , 5 , 6 or 6C ] , or

(ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer,

( c ) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer,

( d ) F21 [ in relation to a complaint of a contravention under change section 3 , 4 , 5 , or 6 , and without prejudice to any order made under paragraph (e) ] order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks remuneration in respect of the employee s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 . ]

F21 [ (e) in relation to a complaint of a contravention under section 6C , and without prejudice to any order made under paragraph (d) , order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks remuneration in respect of the employee s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 . ]

Annotations:

Amendments:

F19

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 5, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F20

Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 16(1)(b), commenced by S.I. No. 410 of 2015 as per subs. (2).

F21

Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 12(a), (b)(ii), (c), S.I. No. 69 of 2019.

F22

Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 12(b)(i), S.I. No. 69 of 2019.

Editorial Notes:

E12

Previous affecting provisions: subs. (1) amended and subs. (1A) inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(e)(i), (ii), S.I. No. 302 of 2012; section substituted as per F-note above.